[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1588 Received in Senate (RDS)]
1st Session
H. R. 1588
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 2, 2003
Received
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2004 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2004''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Stryker vehicle program.
Sec. 112. Configuration of Fourth Stryker Brigade Combat Team.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for F/A-18 aircraft program.
Sec. 122. Multiyear procurement authority for Tactical Tomahawk cruise
missile program.
Sec. 123. Multiyear procurement authority for Virginia class submarine
program.
Sec. 124. Multiyear procurement authority for E-2C aircraft program.
Sec. 125. LPD-17 class vessel.
Subtitle D--Air Force Programs
Sec. 131. Air Force air refueling transfer account.
Sec. 132. Increase in number of aircraft authorized to be procured
under multiyear procurement authority for
Air Force C-130J aircraft program.
Sec. 133. Limitation on retiring C-5 aircraft.
Sec. 134. Limitation on obligation of funds for procurement of F/A-22
aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Sec. 203. Program increases.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Collaborative program for development of electromagnetic gun
technology.
Sec. 212. Authority to select civilian employee of Department of
Defense as director of Department of
Defense Test Resource Management Center.
Sec. 213. Development of the Joint Tactical Radio System.
Sec. 214. Future Combat Systems.
Sec. 215. Army program to pursue technologies leading to the enhanced
production of titanium by the United
States.
Sec. 216. Extension of reporting requirement for RAH-66 Comanche
aircraft program.
Sec. 217. Studies of fleet platform architectures for the Navy.
Subtitle C--Ballistic Missile Defense
Sec. 221. Enhanced flexibility for ballistic missile defense systems.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Sec. 304. Counterexploitation initiative.
Sec. 305. Reduction in authorization for Air Force operation and
maintenance account.
Subtitle B--Environmental Provisions
Sec. 311. Reauthorization and modification of title I of Sikes Act.
Sec. 312. Authorization for defense participation in wetland mitigation
banks.
Sec. 313. Inclusion of environmental response equipment and services in
Navy definitions of salvage facilities and
salvage services.
Sec. 314. Clarification of Department of Defense response to
environmental emergencies.
Sec. 315. Requirements for restoration advisory boards and exemption
from Federal Advisory Committee Act.
Sec. 316. Report regarding impact of civilian community encroachment
and certain legal requirements on military
installations and ranges.
Sec. 317. Military readiness and conservation of protected species.
Sec. 318. Military readiness and marine mammal protection.
Sec. 319. Limitation on Department of Defense responsibility for
civilian water consumption impacts related
to Fort Huachuca, Arizona.
Sec. 320. Construction of wetland crossings, Camp Shelby Combined Arms
Maneuver Area, Camp Shelby, Mississippi.
Subtitle C--Workplace and Depot Issues
Sec. 321. Exclusion of certain expenditures from percentage limitation
on contracting for performance of depot-
level maintenance and repair workloads.
Sec. 322. High-performing organization business process reengineering
pilot program.
Sec. 323. Delayed implementation of revised Office of Management and
Budget Circular A-76 by Department of
Defense pending report.
Sec. 324. Naval Aviation Depots multi-trades demonstration project.
Subtitle D--Information Technology
Sec. 331. Performance-based and results-based management requirements
for Chief Information Officers of
Department of Defense.
Subtitle E--Other Matters
Sec. 341. Cataloging and standardization for defense supply management.
Sec. 342. Space-available transportation for dependents of members
assigned to overseas duty locations for
continuous period in excess of one year.
Sec. 343. Preservation of Air Force Reserve weather reconnaissance
mission.
Sec. 344. Expansion of Department of Defense excess personal property
disposal program to include health agencies
in addition to law enforcement and
firefighting agencies.
Sec. 345. Department of Defense public health assessment of exposure to
perchlorate.
Sec. 346. Permanent authority for purchase of certain municipal
services at installations in Monterey
County, California.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
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 non-dual status technicians.
Sec. 415. Permanent limitations on number of non-dual status
technicians.
Subtitle C--Authorizations of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--General and Flag Officer Matters
Sec. 501. Standardization of qualifications for appointment as service
chief.
Subtitle B--Other Officer Personnel Policy Matters
Sec. 511. Repeal of prohibition on transfer between line of the Navy
and Navy staff corps applicable to regular
Navy officers in grades above lieutenant
commander.
Sec. 512. Retention of health professions officers to fulfill active-
duty service commitments following
promotion nonselection.
Sec. 513. Increased flexibility for voluntary retirement for military
officers.
Sec. 514. Repeal of required grade of defense attache in France.
Subtitle C--Reserve Component Matters
Sec. 521. Streamlined process for continuation of officers on the
reserve active-status list.
Sec. 522. Consideration of reserve officers for position vacancy
promotions in time of war or national
emergency.
Sec. 523. Simplification of determination of annual participation for
purposes of Ready Reserve training
requirements.
Sec. 524. Authority for delegation of required secretarial special
finding for placement of certain retired
members in Ready Reserve.
Sec. 525. Authority to provide expenses of Army and Air Staff personnel
and National Guard Bureau personnel
attending national conventions of certain
military associations.
Subtitle D--Military Education and Training
Sec. 531. Authority for the Marine Corps University to award the degree
of master of operational studies.
Sec. 532. Expanded educational assistance authority for cadets and
midshipmen receiving ROTC scholarships.
Sec. 533. Increase in allocation of scholarships under Army Reserve
ROTC scholarship program to students at
military junior colleges.
Sec. 534. Inclusion of accrued interest in amounts that may be repaid
under Selected Reserve critical specialties
education loan repayment program.
Sec. 535. Authority for nonscholarship senior ROTC sophomores to
voluntarily contract for and receive
subsistence allowance.
Sec. 536. Appointments to military service academies from nominations
made by delegates from Guam, Virgin
Islands, and American Samoa.
Sec. 537. Readmission to service academies of certain former cadets and
midshipmen.
Sec. 538. Authorization for Naval Postgraduate School to provide
instruction to enlisted members
participating in certain programs.
Sec. 539. Defense task force on sexual harassment and violence at the
military service academies.
Subtitle E--Administrative Matters
Sec. 541. Enhancements to high-tempo personnel program.
Sec. 542. Enhanced retention of accumulated leave for high-deployment
members.
Sec. 543. Standardization of time-in-service requirements for voluntary
retirement of members of the Navy and
Marine Corps with Army and Air Force
requirements.
Sec. 544. Standardization of statutory authorities for exemptions from
requirement for access to secondary schools
by military recruiters.
Sec. 545. Procedures for consideration of applications for award of the
Purple Heart medal to veterans held as
prisoners of war before April 25, 1962.
Sec. 546. Authority for reserve and retired regular officers to hold
State and local elective office
notwithstanding call to active duty.
Sec. 547. Clarification of offense under the Uniform Code of Military
Justice relating to drunken or reckless
operation of a vehicle, aircraft, or
vessel.
Sec. 548. Public identification of casualties no sooner than 24 hours
after notification of next-of-kin.
Subtitle F--Benefits
Sec. 551. Additional classes of individuals eligible to participate in
the Federal long-term care insurance
program.
Sec. 552. Authority to transport remains of retirees and retiree
dependents who die in military treatment
facilities outside the United States.
Sec. 553. Eligibility for dependents of certain mobilized reservists
stationed overseas to attend defense
dependents schools overseas.
Subtitle G--Other Matters
Sec. 561. Extension of requirement for exemplary conduct by commanding
officers and others in authority to include
civilians in authority in the Department of
Defense.
Sec. 562. Recognition of military families.
Sec. 563. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
and Department of Defense civilian
employees.
Sec. 564. Permanent authority for support for certain chaplain-led
military family support programs.
Sec. 565. Department of Defense-Department of Veterans Affairs Joint
Executive Committee.
Sec. 566. Limitation on aviation force structure changes in the
Department of the Navy.
Sec. 567. Impact-aid eligibility for heavily impacted local educational
agencies affected by privitization of
military housing.
Sec. 568. Investigation into the 1991 death of Marine Corps Colonel
James E. Sabow.
Subtitle H--Domestic Violence
Sec. 571. Travel and transportation for dependents relocating for
reasons of personal safety.
Sec. 572. Commencement and duration of payment of transitional
compensation.
Sec. 573. Flexibility in eligibility for transitional compensation.
Sec. 574. Types of administrative separations triggering coverage.
Sec. 575. On-going review group.
Sec. 576. Resources for Department of Defense implementation
organization.
Sec. 577. Fatality reviews.
Sec. 578. Sense of Congress.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2004.
Sec. 602. Computation of basic pay rate for commissioned officers with
prior enlisted or warrant officer service.
Sec. 603. Special subsistence allowance authorities for members
assigned to high-cost duty location or
under other unique and unusual
circumstances.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care
professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Computation of hazardous duty incentive pay for demolition
duty and parachute jumping by members of
reserve components entitled to compensation
under section 206 of title 37.
Sec. 616. Availability of hostile fire and imminent danger pay for
reserve component members on inactive duty.
Sec. 617. Expansion of overseas tour extension incentive program to
officers.
Sec. 618. Eligibility of appointed warrant officers for accession bonus
for new officers in critical skills.
Sec. 619. Incentive pay for duty on ground in Antarctica or on Arctic
icepack.
Sec. 620. Special pay for service as member of Weapons of Mass
Destruction Civil Support Team.
Sec. 621. Incentive bonus for agreement to serve in critically short
military occupational specialty.
Sec. 622. Increase in rate for imminent danger pay and family
separation allowance related to service in
Operation Iraqi Freedom or Operation
Enduring Freedom.
Sec. 623. Availability of hostile fire and imminent danger pay for
reserve component members serving in
response to certain domestic terrorist
attacks.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Shipment of privately owned motor vehicle within continental
United States.
Sec. 632. Payment or reimbursement of student baggage storage costs for
dependent children of members stationed
overseas.
Sec. 633. Reimbursement for lodging expenses of certain reserve
component and retired members during
authorized leave from temporary duty
location.
Subtitle D--Retired Pay and Survivors Benefits
Sec. 641. Funding for special compensation authorities for Department
of Defense retirees.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 651. Expanded commissary access for Selected Reserve members,
reserve retirees under age 60, and their
dependents.
Sec. 652. Defense commissary system and exchange stores system.
Sec. 653. Limitations on private operation of defense commissary store
functions.
Sec. 654. Use of appropriated funds to operate defense commissary
system.
Sec. 655. Recovery of nonappropriated fund instrumentality and
commissary store investments in real
property at military installations closed
or realigned.
Sec. 656. Commissary shelf-stocking pilot program.
Subtitle F--Other Matters
Sec. 661. Repeal of congressional notification requirement for
designation of critical military skills for
retention bonus.
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. Transfer of certain members from pharmacy and therapeutics
committee to Uniform Formulary Beneficiary
Advisory Panel under the pharmacy benefits
program.
Sec. 703. Permanent extension of authority to enter into personal
services contracts for the performance of
health care responsibilities at locations
other than military medical treatment
facilities.
Sec. 704. Plan for providing health coverage information to members,
former members, and dependents eligible for
certain health benefits.
Sec. 705. Working group on military health care for persons reliant on
health care facilities at military
installations to be closed or realigned.
Sec. 706. Acceleration of implementation of chiropractic health care
for members on active duty.
Sec. 707. Medical and dental screening for members of selected reserve
units alerted for mobilization.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Extension of authority to carry out certain prototype
projects.
Sec. 802. Elimination of certain subcontract notification requirements.
Sec. 803. Elimination of requirement to furnish written assurances of
technical data conformity.
Sec. 804. Limitation period for task and delivery order contracts.
Sec. 805. Additional authorities relating to obtaining personal
services.
Sec. 806. Evaluation of prompt payment provisions.
Subtitle B--United States Defense Industrial Base Provisions
Part I--Critical Items Identification and Domestic Production
Capabilities Improvement Program
Sec. 811. Assessment of United States defense industrial base
capabilities.
Sec. 812. Identification of critical items: military system breakout
list.
Sec. 813. Procurement of certain critical items from American sources.
Sec. 814. Production capabilities improvement for certain critical
items using Defense Industrial Base
Capabilities Fund.
Part II--Requirements Relating to Specific Items
Sec. 821. Domestic source limitation for certain additional items.
Sec. 822. Requirements relating to buying commercial items containing
specialty metals from American sources.
Sec. 823. Elimination of unreliable sources of defense items and
components.
Sec. 824. Congressional notification required before exercising
exception to requirement to buy specialty
metals from American sources.
Sec. 825. Repeal of authority for foreign procurement of para-aramid
fibers and yarns.
Sec. 826. Requirement for major defense acquisition programs to use
machine tools entirely produced within the
United States.
Sec. 827. Data collection and technical assistance center relating to
machine tools.
Sec. 828. Buy American enhancement.
Sec. 829. Requirement relating to purchases by Department of Defense
subject to Buy American Act.
Part III--General Provisions
Sec. 831. Definitions.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Change in title of Secretary of the Navy to Secretary of the
Navy and Marine Corps.
Sec. 902. Redesignation of National Imagery and Mapping Agency as
National Geospatial-intelligence Agency.
Sec. 903. Pilot program for provision of space surveillance network
services to non-United States governmental
entities.
Sec. 904. Clarification of responsibility of military departments to
support combatant commands.
Sec. 905. Biennial review of national military strategy by Chairman of
the Joint Chiefs of Staff.
Sec. 906. Authority for acceptance by Asia-Pacific Center for Security
Studies of gifts and donations from
nonforeign sources.
Sec. 907. Repeal of rotating chairmanship of Economic Adjustment
Committee.
Sec. 908. Pilot program for improved civilian personnel management.
Sec. 909. Extension of certain authorities applicable to the Pentagon
Reservation to include designated Pentagon
continuity-of-government locations.
Sec. 910. Defense acquisition workforce reductions.
Sec. 911. Required force structure.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authorization of supplemental appropriations for fiscal year
2003.
Sec. 1003. Authority to transfer procurement funds for a major defense
acquisition program for continued
development work on that program.
Sec. 1004. Restoration of authority to enter into 12-month leases at
any time during the fiscal year.
Sec. 1005. Authority for retention of additional amounts realized from
energy cost savings.
Sec. 1006. Repeal of requirement for two-year budget cycle for the
Department of Defense.
Sec. 1007. Authority to provide reimbursement for use of personal
cellular telephones when used for official
government business.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Repeal of requirement regarding preservation of surge
capability for naval surface combatants.
Sec. 1012. Enhancement of authority relating to use for experimental
purposes of vessels stricken from Naval
Vessel Register.
Sec. 1013. Authorization for transfer of vessels stricken from Naval
Vessel Register for use as artificial
reefs.
Sec. 1014. Pilot program for sealift ship construction.
Subtitle C--Reports
Sec. 1021. Repeal and modification of various reporting requirements
applicable to the Department of Defense.
Sec. 1022. Report on Operation Iraqi Freedom.
Sec. 1023. Report on Department of Defense post-conflict activities in
Iraq.
Sec. 1024. Report on development of mechanisms to better connect
Department of Defense space capabilities to
the war fighter.
Subtitle D--Procurement of Defense Biomedical Countermeasures
Sec. 1031. Research and development of defense biomedical
countermeasures.
Sec. 1032. Procurement of defense biomedical countermeasures.
Sec. 1033. Authorization for use of medical products in emergencies.
Subtitle E--Other Matters
Sec. 1041. Codification and revision of defense counterintelligence
polygraph program authority.
Sec. 1042. Codification and revision of limitation on modification of
major items of equipment scheduled for
retirement or disposal.
Sec. 1043. Additional definitions for purposes of title 10, United
States Code.
Sec. 1044. Inclusion of annual military construction authorization
request in annual defense authorization
request.
Sec. 1045. Technical and clerical amendments.
Sec. 1046. Authority to provide living quarters for certain students in
cooperative and summer education programs
of the National Security Agency.
Sec. 1047. Use of drug interdiction and counter-drug funds to support
activities of the Government of Colombia.
Sec. 1048. Authority for joint task forces to provide support to law
enforcement agencies conducting counter-
terrorism activities.
Sec. 1049. Use of National Driver Register for personnel security
investigations and determinations.
Sec. 1050. Protection of operational files of the National Security
Agency.
Sec. 1051. Assistance for study of feasibility of biennial
international air trade show in the United
States and for initial implementation.
Sec. 1052. Continuation of reasonable access to military installations
for personal commercial solicitation.
Sec. 1053. Commission on Nuclear Strategy of the United States.
Sec. 1054. Extension of Counterproliferation Program Review Committee.
Sec. 1055. Assignment of members to assist Bureau of Border Security
and Bureau of Citizenship and Immigration
Services of the Department of Homeland
Security.
Sec. 1056. Report concerning strategic nuclear warheads dismantled
pursuant to the Treaty Between the United
States of America and the Russian
Federation on Strategic Offensive
Reductions.
Sec. 1057. Pilot program to improve use of Air Force and Air National
Guard Modular Airborne Fire-Fighting
Systems to fight wildfires.
Sec. 1058. Study on feasibility of use of small businesses, minority-
owned businesses, and women-owned
businesses in efforts to rebuild Iraq.
Sec. 1059. Sense of Congress regarding continuation of mission and
functions of Army Peacekeeping Institute.
Sec. 1060. Assessment of effects of specified statutory limitations on
the granting of security clearances.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A--Department of Defense Civilian Personnel Generally
Sec. 1101. Modification of the overtime pay cap.
Sec. 1102. Military leave for mobilized Federal civilian employees.
Sec. 1103. Common occupational and health standards for differential
payments as a consequence of exposure to
asbestos.
Sec. 1104. Increase in annual student loan repayment authority.
Sec. 1105. Authorization for cabinet secretaries, secretaries of
military departments, and heads of
executive agencies to be paid on a biweekly
basis.
Sec. 1106. Senior executive service and performance.
Sec. 1107. Design elements of pay-for-performance systems in
demonstration projects.
Sec. 1108. Federal flexible benefits plan administrative costs.
Sec. 1109. Clarification to Hatch Act; limitation on disclosure of
certain records.
Sec. 1110. Employee surveys.
Sec. 1111. Human Capital Performance Fund.
Subtitle B--Department of Defense National Security Personnel System
Sec. 1121. Department of Defense national security personnel system.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Expansion of authority to provide administrative support and
services and travel and subsistence
expenses for certain foreign liaison
officers.
Sec. 1202. Recognition of superior noncombat achievements or
performance by members of friendly foreign
forces and other foreign nationals.
Sec. 1203. Expansion of authority to waive charges for costs of
attendance at George C. Marshall European
Center for Security Studies.
Sec. 1204. Identification of goods and technologies critical for
military superiority.
Sec. 1205. Report on acquisition by Iraq of advanced weapons.
Sec. 1206. Authority for check cashing and currency exchange services
to be provided to foreign military members
participating in certain activities with
United States forces.
Sec. 1207. Requirements for transfer to foreign countries of certain
specified types of excess aircraft.
Sec. 1208. Limitation on number of United States military personnel in
Colombia.
Sec. 1209. Assessment and report concerning the location of NATO
headquarters.
Sec. 1210. Sense of Congress on redeployment of United States forces in
Europe.
Sec. 1211. Report on actions that could be taken regarding countries
that initiate certain legal actions against
United States officials.
Sec. 1212. Sense of Congress concerning Navy port calls in Israel.
Sec. 1213. Assistance to Iraqi children injured during Operation Iraqi
Freedom.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds until certain permits obtained.
Sec. 1304. Limitation on use of funds for biological research in the
former Soviet Union.
Sec. 1305. Authority and funds for nonproliferation and disarmament.
Sec. 1306. Requirement for on-site managers.
Sec. 1307. Provisions relating to funding for chemical weapons
destruction facility in Russia.
Sec. 1308. Study relating to ex-Soviet uranium and plutonium.
TITLE XIV--SERVICES ACQUISITION REFORM
Sec. 1401. Short title.
Sec. 1402. Executive agency defined.
Subtitle A--Acquisition Workforce and Training
Sec. 1411. Definition of acquisition.
Sec. 1412. Acquisition workforce training fund.
Sec. 1413. Acquisition workforce recruitment program.
Sec. 1414. Architectural and engineering acquisition workforce.
Subtitle B--Adaptation of Business Acquisition Practices
Part I--Adaptation of Business Management Practices
Sec. 1421. Chief Acquisition Officers.
Sec. 1422. Chief Acquisition Officers Council.
Sec. 1423. Statutory and regulatory review.
Part II--Other Acquisition Improvements
Sec. 1426. Extension of authority to carry out franchise fund programs.
Sec. 1427. Agency acquisition protests.
Sec. 1428. Improvements in contracting for architectural and
engineering services.
Sec. 1429. Authorization of telecommuting for Federal contractors.
Subtitle C--Contract Incentives
Sec. 1431. Incentives for contract efficiency.
Subtitle D--Acquisitions of Commercial Items
Sec. 1441. Preference for performance-based contracting.
Sec. 1442. Authorization of additional commercial contract types.
Sec. 1443. Clarification of commercial services definition.
Sec. 1444. Designation of commercial business entities.
Subtitle E--Other Matters
Sec. 1451. Authority to enter into certain procurement-related
transactions and to carry out certain
prototype projects.
Sec. 1452. Authority to make inflation adjustments to simplified
acquisition threshold.
Sec. 1453. Technical corrections related to duplicative amendments.
Sec. 1454. Prohibition on use of quotas.
Sec. 1455. Applicability of certain provisions to sole source contracts
for goods and services treated as
commercial items.
Sec. 1456. Public disclosure of noncompetitive contracting for the
reconstruction of infrastructure in Iraq.
TITLE XV--HIGHER EDUCATION RELIEF OPPORTUNITIES FOR STUDENTS
Sec. 1501. Short title; reference.
Sec. 1502. Waiver authority for response to military contingencies and
national emergencies.
Sec. 1503. Tuition refunds or credits for members of Armed Forces.
Sec. 1504. Use of professional judgment.
Sec. 1505. Definitions.
Sec. 1506. Termination of authority.
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 of authority 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 authorization of certain fiscal year 2001
project.
Sec. 2703. Extension of authorizations of certain fiscal year 2000
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in maximum amount of authorized annual emergency
construction.
Sec. 2802. Authority to lease military family housing units in Italy.
Sec. 2803. Changes to alternative authority for acquisition and
improvement of military housing.
Sec. 2804. Additional material for annual report on housing
privatization program.
Sec. 2805. Authority to convey property at military installations
closed or to be closed in exchange for
military construction activities.
Sec. 2806. Congressional notification and reporting requirements and
limitations regarding use of operation and
maintenance funds for construction.
Sec. 2807. Increase in authorized maximum lease term for family housing
and other facilities in certain foreign
countries.
Sec. 2808. Annual report on military construction requirements to
support homeland defense missions of the
Armed Forces.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Real property transactions.
Sec. 2812. Sense of Congress on demolition of Army Tacony Warehouse
Depot site, Philadelphia, Pennsylvania.
Subtitle C--Land Conveyances
Sec. 2821. Termination of lease and conveyance of Army Reserve
facility, Conway, Arkansas.
Sec. 2822. Actions to quiet title, Fallin Waters Subdivision, Eglin Air
Force Base, Florida.
Sec. 2823. Modification of land conveyance, Eglin Air Force Base,
Florida.
Sec. 2824. Land conveyance, Fort Campbell, Kentucky and Tennessee.
Sec. 2825. Land conveyance, Army and Air Force Exchange Service
Property, Dallas, Texas.
Sec. 2826. Land conveyance, Naval Reserve Center, Orange, Texas.
Sec. 2827. Land conveyance, Fort Belvoir, Virginia.
Sec. 2828. Land conveyance, Puget Sound Naval Shipyard, Bremerton,
Washington.
Subtitle D--Other Matters
Sec. 2841. Redesignation of Yuma Training Range Complex as Bob Stump
Training Range Complex.
Sec. 2842. Modification of authority to conduct a round of realignments
and closures of military installations in
2005.
Sec. 2843. Use of force-structure plan for the Armed Forces in
preparation of selection criteria for base
closure round.
Sec. 2844. Requirement for unanimous vote of Defense Base Closure and
Realignment Commission to recommend closure
of military installations not recommended
for closure by Secretary of Defense.
Sec. 2845. Consideration of public-access-road issues related to
disposal of property at military
installations under base closure process.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy supply.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Modification of prohibition relating to low-yield nuclear
weapons.
Sec. 3112. Termination of requirement for annual updates of long-term
plan for nuclear weapons stockpile life
extension program.
Sec. 3113. Extension to all DOE facilities of authority to prohibit
dissemination of certain unclassified
information.
Sec. 3114. Department of Energy project review groups not subject to
Federal Advisory Committee Act by reason of
inclusion of employees of Department of
Energy management and operating
contractors.
Sec. 3115. Availability of funds.
Sec. 3116. Limitation on obligation of funds for Nuclear Test Readiness
program.
Sec. 3117. Requirement for on-site managers.
Subtitle C--Consolidation of National Security Provisions
Sec. 3121. Transfer and consolidation of recurring and general
provisions on Department of Energy national
security programs.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to objectives for receipts for fiscal year 2000
disposals.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--General Provisions
Sec. 3501. Short title.
Sec. 3502. Definitions.
Subtitle B--Maritime Security Fleet
Sec. 3511. Establishment of Maritime Security Fleet.
Sec. 3512. Award of operating agreements.
Sec. 3513. Effectiveness of operating agreements.
Sec. 3514. Obligations and rights under operating agreements.
Sec. 3515. Payments.
Sec. 3516. National security requirements.
Sec. 3517. Regulatory relief.
Sec. 3518. Special rule regarding age of former participating fleet
vessel.
Sec. 3519. Authorization of appropriations.
Sec. 3520. Amendment to Shipping Act, 1916.
Sec. 3521. Regulations.
Sec. 3522. Repeals and conforming amendments.
Sec. 3523. Effective dates.
Subtitle C--National Defense Tank Vessel Construction Assistance
Sec. 3531. National defense tank vessel construction program.
Sec. 3532. Application procedure.
Sec. 3533. Award of assistance.
Sec. 3534. Priority for title XI assistance.
Sec. 3535. Authorization of appropriations.
Subtitle D--Maritime Administration Authorization
Sec. 3541. Authorization of appropriations for Maritime Administration
for fiscal year 2004.
Sec. 3542. Authority to convey vessel USS HOIST (ARS-40).
Sec. 3543. Authority to convey NDRF vessels and vessel contents.
TITLE XXXVI--NUCLEAR SECURITY INITIATIVE
Sec. 3601. Short title.
Subtitle A--Nonproliferation Program Enhancements
Sec. 3611. Establishment of International Nuclear Materials Protection
and Cooperation Program in Department of
State.
Subtitle B--Administration and Oversight of Threat Reduction and
Nonproliferation Programs
Sec. 3621. Analysis of effect on threat reduction and nonproliferation
programs of congressional oversight
measures with respect to such programs.
Sec. 3622. Annual report on the use of funds appropriated for threat
reduction and nonproliferation in states of
the former Soviet Union.
Sec. 3623. Plan for and coordination of chemical and biological weapons
nonproliferation programs with states of
the former Soviet Union.
Subtitle C--United States--Russia Relations
Sec. 3631. Comprehensive inventories and data exchanges on nuclear
weapons-grade material and nuclear weapons.
Sec. 3632. Establishment of Duma-Congress nuclear threat reduction
working group.
Sec. 3633. Joint United States/North Atlantic Treaty Organization
cooperation with Russia on theater-level
ballistic missile defenses.
Sec. 3634. Encouragement of enhanced collaboration to achieve more
reliable Russian early warning systems.
Sec. 3635. Teller-Kurchatov Alliance for Peace.
Sec. 3636. Nonproliferation fellowships.
Subtitle D--Other Matters
Sec. 3641. Promotion of discussions on nuclear and radiological
security and safety between the
International Atomic Energy Agency and the
Organization for Economic Cooperation and
Development.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2004
for procurement for the Army as follows:
(1) For aircraft, $2,194,585,000.
(2) For missiles, $1,594,662,000.
(3) For weapons and tracked combat vehicles,
$2,197,404,000.
(4) For ammunition, $1,428,966,000.
(5) For other procurement, $4,321,496,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2004 for procurement for the Navy as follows:
(1) For aircraft, $9,050,048,000.
(2) For weapons, including missiles and torpedoes,
$2,529,821,000.
(3) For ammunition, $963,355,000.
(4) For shipbuilding and conversion, $11,472,384,000.
(5) For other procurement, $4,614,892,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2004 for procurement for the Marine Corps in the amount
of $1,154,299,000.
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, $12,604,451,000.
(2) For ammunition, $1,324,725,000.
(3) For missiles, $4,348,039,000.
(4) For other procurement, $11,376,059,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2004
for Defense-wide procurement in the amount of $3,734,821,000.
Subtitle B--Army Programs
SEC. 111. STRYKER VEHICLE PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated under
section 101 for procurement for the Army for fiscal year 2004 that are
available for the Stryker vehicle program, not more than $655,000,000
may be obligated until--
(1) the Secretary of the Army has submitted to the Deputy
Secretary of Defense the report specified in subsection (b);
(2) the Secretary of Defense has submitted to the
congressional defense committees the report and certification
referred to in subsection (c); and
(3) a period of 30 days has elapsed after the date of the
receipt by those committees of the report and certification
under paragraph (2).
(b) Secretary of the Army Report.--The report referred to in
subsection (a)(1) is the report required to be submitted by the
Secretary of the Army to the Deputy Secretary of Defense not later than
July 8, 2003, that identifies options for modifications to the
equipment and configuration of the Army brigade designated as ``Stryker
brigades'' to assure that those brigades, after incorporating such
modifications, provide--
(1) a higher level of combat capability and sustainability;
(2) a capability across a broader spectrum of combat
operations; and
(3) a capability to be employed independently of higher-
level command formations and support.
(c) Secretary of Defense Report and Certification.--The Secretary
of Defense shall transmit to the congressional defense committees not
later than 30 days after the date of the receipt by the Deputy
Secretary of Defense of the report of the Secretary of the Army
referred to in subsection (b), the modification options identified by
the Secretary of the Army for purposes of that report. The Secretary of
Defense shall include any comments that may be applicable to the
analysis of the Secretary of the Army's report and shall certify to the
committees whether in the Secretary's judgment fielding the fourth
Stryker brigade as planned by the Army in a different configuration
from the first three such brigades will fulfill the three objectives
set forth in subsection (b).
(d) Authorized Use of Remainder of Funds.--The funds authorized to
be appropriated for procurement for the Army for fiscal year 2004 that
are available for the Stryker vehicle program and that become available
for obligation upon the conditions of subsection (a) being met shall be
obligated either--
(1) to develop, procure, and field equipment and
capabilities for the fourth Stryker brigade combat team that
would accelerate the options for modifications to enhance
Stryker brigades identified in subsection (b); or
(2) for the equipment identified in the fiscal year 2004
budget request to be procured for the fourth Stryker brigade,
if the Secretary of Defense, after reviewing the Secretary of
Army's report under subsection (b), determines that the current
configuration of the fourth Stryker brigade meets the criteria
in paragraphs (1) through (3) of subsection (b) and certifies
to the congressional defense committees that the equipment
identified in the fiscal year 2004 budget request to be
procured for the fourth Stryker brigade provides those
capabilities.
(e) Limitations.--(1) In obligating funds in accordance with either
paragraph (1) or paragraph (2) of subsection (d), no action may be
taken that would delay, hinder, or otherwise disrupt the current
production and fielding schedule for the fourth Stryker brigade.
(2) Notwithstanding any other provision of this section, all funds
authorized to be appropriated under section 101 for procurement for the
Army for fiscal year 2004 that are available for the Stryker vehicle
program shall be used exclusively to develop, procure, and field
Stryker combat vehicles.
SEC. 112. CONFIGURATION OF FOURTH STRYKER BRIGADE COMBAT TEAM.
(a) Configuration, Lethality Enhancements, and Sustainability.--The
Secretary of the Army shall configure the fourth Stryker brigade combat
team so that that brigade combat team provides the commanders of
combatant commands with enhanced combat capability and sustainability
well beyond the combat and sustainment capabilities provided by any one
of the first three fielded Stryker brigade combat teams.
(b) Funds.--The amount provided in section 101(3) is hereby
increased by $100,000,000, to be available for procurement of
additional lethality and sustainability enhancements for the fourth
Stryker brigade combat team.
(c) Options for Consideration.--In the execution of the funds
provided pursuant to subsection (b)(1), the Secretary of the Army shall
include among the enhancements considered for the configuration of the
fourth Stryker brigade combat team enhancement with heavy armored
vehicles, with additional heavy attack helicopters, with additional
reconnaissance and attack helicopters, and with indirect fire artillery
capabilities, or with any combination thereof.
(d) Report Required.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
congressional defense committees a report that details the additional
types of lethality and sustainability enhancements that will be fielded
as part of the new configuration of the fourth Stryker brigade combat
team.
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18 AIRCRAFT PROGRAM.
The Secretary of the Navy may, in accordance with section 2306b of
title 10, United States Code, enter into a multiyear contract,
beginning with the fiscal year 2005 program year, for procurement of
aircraft in the F/A-18E, F/A-18F, and EA-18G configurations. The total
number of aircraft procured through a multiyear contract under this
section may not exceed 234.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR TACTICAL TOMAHAWK CRUISE
MISSILE PROGRAM.
The Secretary of the Navy may, in accordance with section 2306b of
title 10, United States Code, enter into a multiyear contract,
beginning with the fiscal year 2004 program year, for procurement of
Tactical Tomahawk cruise missiles. The total number of missiles
procured through a multiyear contract under this section shall be
determined by the Secretary of the Navy, based upon the funds
available, but not to exceed 900 in any year.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS SUBMARINE
PROGRAM.
(a) Authority.--The Secretary of the Navy may, in accordance with
section 2306b of title 10, United States Code, enter into a multiyear
contract, beginning with the fiscal year 2004 program year, for
procurement of seven Virginia-class submarines.
(b) Limitation.--The Secretary of the Navy may not enter into a
contract authorized by subsection (a) until--
(1) the Secretary submits to the congressional defense
committees a certification that the Secretary has made each of
the findings with respect to such contract specified in
subsection (a) of section 2306b of title 10, United States
Code; and
(2) a period of 30 days has elapsed after the date of the
transmission of such certification.
SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR E-2C AIRCRAFT PROGRAM.
(a) Aircraft.--The Secretary of the Navy may, in accordance with
section 2306b of title 10, United States Code, enter into a multiyear
contract, beginning with the fiscal year 2004 program year, for
procurement of four E-2C and four TE-2C aircraft.
(b) Engines.--The Secretary of the Navy may, in accordance with
section 2306b of title 10, United States Code, enter into a multiyear
contract, beginning with the fiscal year 2004 program year, for
procurement of 16 engines for aircraft in the E-2C or TE-2C
configuration.
(c) Limitation on Term of Contracts.--Notwithstanding subsection
(k) of section 2306b of title 10, United States Code, a contract under
this section may not be for a period in excess of four program years.
SEC. 125. LPD-17 CLASS VESSEL.
If after May 7, 2003, there is enacted an Act making supplemental
appropriations for the Department of Defense for fiscal year 2003 that
includes appropriation of an amount for procurement of Tomahawk cruise
missiles for the Navy, then--
(1) the amount provided in section 102 for procurement of
weapons for the Navy is reduced by the amount so appropriated
or by $200,000,000, whichever is less, with such reduction to
be derived from amounts authorized for procurement of Tomahawk
cruise missiles; and
(2) the amount provided in section 102 for shipbuilding and
conversion is increased by the amount of the reduction under
paragraph (1), with the amount of such increase to be available
for advance procurement of long-lead items, including the
advance fabrication of components, for one LPD-17 class vessel.
Subtitle D--Air Force Programs
SEC. 131. AIR FORCE AIR REFUELING TRANSFER ACCOUNT.
(a) Transfer Account.--There is hereby established an account for
the Department of the Air Force to be known as the Air Force Air
Refueling Transfer Account. Amounts in such account may be used in
accordance with subsection (c).
(b) Authorization of Appropriations.--Within the amount provided in
section 103(1), there is authorized to be appropriated to the Air Force
Air Refueling Transfer Account for fiscal year 2004 the amount of
$229,200,000.
(c) Authorized Use of Funds.--Amounts in the Air Force Air
Refueling Transfer Account may be used for any of the following
purposes, as determined by the Secretary of the Air Force:
(1) Necessary expenses for fiscal year 2004 to prepare for
leasing of tanker aircraft under section 8159 of the Department
of Defense Appropriations Act, 2002 (division A of Public Law
107-117; 115 Stat. 2284; 10 U.S.C. 2401a note).
(2) Necessary expenses for fiscal year 2004 to prepare for
purchase of tanker aircraft for the Air Force.
(3) Retaining in active service (rather than retiring) KC-
135E aircraft.
(4) Maintenance of equipment for KC-135 aircraft that was
purchased through a depot.
(d) Authorized Transfers.--Subject to subsections (e) and (f), the
Secretary of the Air Force may transfer funds in the Air Force Air
Refueling Transfer Account to appropriations of the Air Force available
for purposes set forth in subsection (c), including appropriations
available for procurement, for research, development, test, and
evaluation, for operation and maintenance, and for military personnel
(in the case of retaining KC-135E aircraft in active service), in such
amounts as the Secretary determines necessary for such purpose.
(e) Limitation.--Amounts appropriated to the Air Force Air
Refueling Transfer Account pursuant to the authorization of
appropriations in subsection (b) may not be used to enter into a lease
for tanker aircraft or to enter into a contract for procurement of
tanker aircraft.
(f) Notice to Congress.--A transfer of funds under subsection (d)
may not be made until--
(1) the Secretary of the Air Force notifies the
congressional defense committees in writing of the amount and
purpose of the proposed transfer, including each account to
which the transfer is to be made; and
(2) a period of 30 days has elapsed after the date on which
the notice is received by those committees.
SEC. 132. INCREASE IN NUMBER OF AIRCRAFT AUTHORIZED TO BE PROCURED
UNDER MULTIYEAR PROCUREMENT AUTHORITY FOR AIR FORCE C-
130J AIRCRAFT PROGRAM.
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''.
SEC. 133. LIMITATION ON RETIRING C-5 AIRCRAFT.
(a) Limitation.--The Secretary of the Air Force may not proceed
with a decision to retire C-5A aircraft from the active inventory of
the Air Force in any number that which would reduce the total number of
such aircraft in the active inventory below 112 until--
(1) the Air Force has modified a C-5A aircraft to the
configuration referred to as the Reliability Enhancement and
Reengining Program (RERP) configuration, as planned under the
C-5 System Development and Demonstration program as of May 1,
2003; and
(2) the Director of Operational Test and Evaluation of the
Department of Defense--
(A) conducts an operational evaluation of that
aircraft, as so modified; and
(B) provides to the Secretary of Defense and the
congressional defense committees an operational
assessment.
(b) Operational Evaluation.--An operational evaluation for purposes
of paragraph (2)(A) of subsection (a) is an evaluation, conducted
during operational testing and evaluation of the aircraft, as so
modified, of the performance of the aircraft with respect to
reliability, maintainability, and availability and with respect to
critical operational issues.
(c) Operational Assessment.--An operational assessment for purposes
of paragraph (2)(B) of subsection (a) is an operational assessment of
the program to modify C-5A aircraft to the configuration referred to in
subsection (a)(1) regarding both overall suitability and deficiencies
of the program to improve performance of the C-5A aircraft relative to
requirements and specifications for reliability, maintainability, and
availability of that aircraft as in effect on May 1, 2003.
SEC. 134. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT OF F/A-22
AIRCRAFT.
(a) Limitation.--Of the amount appropriated for fiscal year 2004
for procurement of F/A-22 aircraft, $136,000,000 may not be obligated
until the Under Secretary of Defense for Acquisition, Technology, and
Logistics submits to the congressional defense committees the Under
Secretary's certification that--
(1) the four primary aircraft designated to participate in
the dedicated initial operational test and evaluation program
for the F/A-22 aircraft have each been equipped with the
version of the avionics software operational flight program
that is designated as version 3.1.2 or a later version; and
(2) before the commencement of that dedicated initial
operational test and evaluation program, those four aircraft
(as so equipped) demonstrate, on average, an avionics software
mean time between instability events of at least 20 hours.
(b) Contingency Waiver Authority.--If the Under Secretary notifies
the Secretary of Defense that the Under Secretary is unable to make the
certification described in subsection (a), the Secretary may waive the
limitation under that subsection. Upon making such a waiver--
(1) the Secretary of Defense shall notify the congressional
defense committees of the waiver and of the reasons therefor;
and
(2) the funds described in subsection (a) may then be
obligated, by reason of such waiver, after the end of the 30-
day period beginning on the date on which the Secretary's
notification is received by those committees.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2004
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $9,332,382,000.
(2) For the Navy, $14,343,360,000.
(3) For the Air Force, $20,548,867,000.
(4) For Defense-wide activities, $18,461,046,000, of which
$286,661,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2004.--Of the amounts authorized to be appropriated
by section 201, $10,893,077,000 shall be available for the Defense
Science and Technology Program, including basic research, applied
research, and advanced technology development projects.
(b) Basic Research, Applied Research, and Advanced Technology
Development Defined.--For purposes of this section, the term ``basic
research, applied research, and advanced technology development'' means
work funded in program elements for defense research and development
under Department of Defense category 6.1, 6.2, or 6.3.
SEC. 203. PROGRAM INCREASES.
(a) Computer-Assisted Medical Diagnostic Technology.--The amount
provided in section 201(1) for research, development, test, and
evaluation, Army, is hereby increased by $3,000,000, to be available
for Medical Advanced Technology in Program Element 0603002A for
evaluation for potential use by Department of Defense medical treatment
facilities of commercially available medical diagnostic technology
that, using a digital chemical library and decision support software,
can be used for diagnosis of dermatological diseases.
(b) Lightweight Cartridge Cases for Ammunition.--The amount
provided in section 201(1) for research, development, test, and
evaluation, Army, is hereby increased by $3,000,000, to be available
for Weapons and Munitions Advanced Technology in Program Element
0603004A for advanced technology development for lightweight cartridge
cases for ammunition.
(c) Aviation-Shipboard Information Technology.--The amount provided
in section 201(2) for research, development, test, and evaluation,
Navy, is hereby increased by $6,500,000, to be available for Shipboard
Aviation Systems in Program Element 0604512N to complete research and
development for the Aviation-Shipboard Information Technology
Initiative.
(d) AutoREAD.--The amount provided in section 201(2) for research,
development, test, and evaluation, Navy, is hereby increased by
$1,400,000, to be available for Shipboard Aviation Systems in Program
Element 0604512N to complete research and development for the AutoREAD
system for improving the accuracy and reducing the workload of
collecting preventive maintenance data on aircraft launch and recovery
systems.
(e) SPIKE Urban Warfare System.--The amount provided in section
201(2) for research, development, test, and evaluation, Navy, is hereby
increased by $5,000,000, to be available for the Marine Corps Advanced
Technology Demonstrations in Program Element 0603640M for development
and demonstration of the SPIKE urban warfare system.
(f) Research in Hydrographic Sciences.--The amount provided in
section 201(2) for research, development, test, and evaluation, Navy,
is hereby increased by $3,250,000, to be available for Air/Ocean
Tactical Applications advanced component development and prototyping in
Program Element 0603207N for hydrographic sciences research.
(g) Shipboard Electronic Warfare Improvements.--The amount provided
in section 201(2) for research, development, test, and evaluation,
Navy, is hereby increased by $5,000,000, to be available for system
development and demonstration for Tactical Command Systems in Program
Element 0604231N for an at-sea demonstration for shipboard use of a
variant of the F/A-22 digital electronic warfare product improvement
program.
(h) Aerospace Sensors.--The amount provided in section 201(3) for
research, development, test, and evaluation, Air Force, is hereby
increased by $4,000,000, to be available for Aerospace Sensors in
Program Element 0602204F for development of general purpose
reconfigurable signal processors suitable for time critical sensor
processing for broad military intelligence, surveillance, and
reconnaissance applications.
(i) Elemental Detector Technology Appraisal.--The amount provided
in section 201(4) for research, development, test, and evaluation,
Defense-Wide, is hereby increased by $2,000,000, to be available for
Program Element 0603750D8Z, Advanced Concept Technology Demonstrations,
to evaluate the capability of an elemental detector to provide
directional cueing to concentrations of specific elements and
compounds.
(j) Mustard Gas Antidote.--The amount provided in section 201(4)
for research, development, test, and evaluation, Defense-wide, is
hereby increased by $5,000,000, to be available for Chemical-Biological
Defense Applied Research in Program Element 0603284BP for continuing
applied research on an antidote for mustard gas.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. COLLABORATIVE PROGRAM FOR DEVELOPMENT OF ELECTROMAGNETIC GUN
TECHNOLOGY.
(a) Program Required.--The Secretary of Defense shall establish and
carry out a collaborative program for evaluation and demonstration of
advanced technologies and concepts for advanced gun systems that use
electromagnetic propulsion for direct and indirect fire applications.
(b) Description of Program.--The program under subsection (a) shall
be carried out collaboratively pursuant to a memorandum of agreement to
be entered into among the Secretary of the Army, the Secretary of the
Navy, and the Director of the Defense Advanced Research Projects
Agency. The program shall include the following activities:
(1) Identification of technical objectives, quantified
technical barriers, and enabling technologies associated with
development of the objective electromagnetic gun systems
envisioned to meet the needs of each of the Armed Forces and,
in so doing, identification of opportunities for development of
components or subsystems common to those envisioned gun
systems.
(2) Preparation of a time-based plan for development of
electromagnetic gun systems for direct fire applications,
indirect fire applications, or both direct and indirect fire
applications (in the case of the Army and Marine Corps) and for
indirect fire applications (in the case of the Navy), which--
(A) includes the programs currently planned by the
Army and by the Navy and demonstrates how the enabling
technologies common to such Army and Navy programs are
used; and
(B) provides estimated dates for decision points,
prototype demonstrations, and transitions of successful
cases from the collaborative program under this section
to an acquisition program.
(3) For each of the enabling technologies common to the
Army and Navy programs, identification of whether lead
responsibility for developing that technology should be
assigned to the Secretary of the Army, the Secretary of the
Navy, or the Director, with the Director favored in cases in
which the technology is highly challenging or high risk, high
reward, and with each such Secretary favored in cases in which
that Secretary's military department possesses superior
expertise or experience with the technology.
(4) Identification of a strategy for the participation of
industry in the program.
(c) Matters Included.--The advanced technologies and concepts
included under the program may include, but are not limited to, the
following:
(1) Advanced electrical power, energy storage, and
switching systems.
(2) Electromagnetic launcher materials and construction
techniques for long barrel life.
(3) Guidance and control systems for electromagnetically
launched projectiles.
(4) Advanced projectiles and other munitions for
electromagnetic gun systems.
(5) Hypervelocity terminal effects.
(d) Relationship to Separate Programs of Military Departments.--The
Secretary of the Army and the Secretary of the Navy shall carry out
separate programs for the evaluation and demonstration of advanced
technologies and concepts for, and for the further development and
acquisition of, advanced gun systems referred to in subsection (a).
Each such Secretary shall incorporate in that Secretary's program the
most promising of the technology products matured under the program
under subsection (a).
(e) Report.--Not later than March 31, 2004, the Secretary of the
Army, the Secretary of the Navy, and the Director of the Defense
Advanced Research Projects Agency shall jointly submit a report to the
congressional defense committees on the implementation of the program
under subsection (a). The report shall include the following:
(1) A description of the memorandum of agreement entered
into under subsection (b).
(2) The time-based plan required by subsection (b)(2).
(3) A description of the goals and objectives of the
program.
(4) Identification of funding required for fiscal year 2004
and for the future years defense program to carry out the
program.
(5) A description of a plan for industry participation in
the program.
SEC. 212. AUTHORITY TO SELECT CIVILIAN EMPLOYEE OF DEPARTMENT OF
DEFENSE AS DIRECTOR OF DEPARTMENT OF DEFENSE TEST
RESOURCE MANAGEMENT CENTER.
Section 196(b)(1) of title 10, United States Code, is amended--
(1) in the first sentence, by inserting before the period
at the end the following: ``or from among senior civilian
officials or employees of the Department of Defense who have
substantial experience in the field of test and evaluation'';
and
(2) in the second sentence, by striking ``vice admiral''
and inserting ``the grade of vice admiral, or, in the case of a
civilian official or employee, an equivalent level''.
SEC. 213. DEVELOPMENT OF THE JOINT TACTICAL RADIO SYSTEM.
(a) Joint Program Office.--The Secretary of Defense shall designate
a single joint program office within the Department of Defense for
management of the Joint Tactical Radio System development program. The
Secretary shall provide for the head of that office to be selected on a
rotating basis from among officers of different Armed Forces.
(b) Consolidated Program Elements.--The Secretary shall provide
that all funds for development and procurement of the Joint Tactical
Radio System program shall be consolidated under and managed by the
head of the joint program office designated under subsection (a).
(c) Program Development.--The Secretary shall provide that, subject
to the authority, direction, and control of the Secretary, the head of
the joint program office designated under subsection (a) shall--
(1) establish and control the performance specifications
for the Joint Tactical Radio System;
(2) establish and control the standards for development of
the software and equipment for that system;
(3) establish and control the standards for operation of
that system; and
(4) develop a single, unified concept of operations for all
users of that system.
SEC. 214. FUTURE COMBAT SYSTEMS.
(a) Limitation.--None of the funds authorized to be appropriated
under section 201(1) for development and demonstration of systems for
the Future Combat Systems program may be obligated or expended until 30
days after the Secretary of the Army submits to the congressional
defense committees a report on such program. The report shall include
the following:
(1) The findings and conclusions of--
(A) the review of the Future Combat Systems program
carried out by the independent panel at the direction
of the Secretary of Defense; and
(B) the milestone B review of the Future Combat
Systems program carried out by the defense acquisition
board.
(2) For each of the key performance parameters relating to
the Future Combat Systems program, the threshold value at which
the utility of the individual systems comprising the Future
Combat Systems program become questionable.
(3) For each of the three projects requested under program
element 64645A, Armored Systems Modernization, a completed
analysis of alternatives.
(b) Separate Program Elements.--For fiscal years beginning with
2004, the Secretary of Defense shall ensure that--
(1) each project under the Army's Future Combat Systems
program (whether in existence before, on, or after the date of
the enactment of this Act) is assigned a separate, dedicated
program element; and
(2) before such a program element is assigned to such a
project, an analysis of alternatives for such project is
completed.
SEC. 215. ARMY PROGRAM TO PURSUE TECHNOLOGIES LEADING TO THE ENHANCED
PRODUCTION OF TITANIUM BY THE UNITED STATES.
(a) Efforts Required.--The Secretary of Defense shall--
(1) assess promising technologies leading to the enhanced
production of titanium by the United States; and
(2) select, on a competitive basis, the most viable such
technologies for research, development, and production.
(b) Executive Agent.--The Secretary of the Army shall serve as
executive agent in carrying out subsection (a).
(c) Funding.--Of the funds authorized to be appropriated by section
201(1) for research, development, test, and evaluation, Army, for
fiscal year 2004, $8,000,000 shall be available in program element
62624A to carry out this section.
SEC. 216. EXTENSION OF REPORTING REQUIREMENT FOR RAH-66 COMANCHE
AIRCRAFT PROGRAM.
Section 211 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2479) is amended in
subsection (a) by inserting ``and fiscal year 2004'' after ``fiscal
year 2003''.
SEC. 217. STUDIES OF FLEET PLATFORM ARCHITECTURES FOR THE NAVY.
(a) Independent Studies.--(1) The Secretary of Defense shall
provide for the performance of eight independent studies on alternative
future fleet platform architectures for the Navy.
(2) The Secretary shall forward the results of each study to the
congressional defense committees not later than March 1, 2004.
(3) Each such study shall be submitted both in unclassified, and to
the extent necessary, in classified versions.
(b) Entities to Perform Studies.--The Secretary of Defense shall
provide for the studies under subsection (a) to be performed as
follows:
(1) One shall be performed by the Secretary of the Navy,
using Department of the Navy personnel.
(2) Four shall be performed by qualified analytical
organizations external to Department of Defense.
(3) Three shall be performed by defense firms, or teams of
defense firms, in the private sector.
(c) Performance of Studies.--(1) The Secretary of Defense shall
require each entity undertaking one of the studies under this section
to commit to performing the study independently from the other studies
and, in the case of the entities selected under paragraphs (2) and (3)
of subsection (b), independently from the Navy, so as to ensure
independent analysis.
(2) In performing a study under this section, the entity performing
the study shall consider the following:
(A) The National Security Strategy of the United States.
(B) Potential future threats to the United States and to
United States naval forces.
(C) The traditional roles and missions of United States
naval forces.
(D) Alternative roles and missions.
(E) The role of evolving technology on future naval forces.
(F) Opportunities for reduced manning and unmanned ships
and vehicles in future naval forces.
(3) Each entity performing a study under this section, while
cognizant of current overall fleet platform architecture, shall not
allow the current features of fleet platform architecture to constrain
the analysis for purposes of that study.
(d) Naval Studies.--Each study under this section shall present one
or two possible overall fleet platform architectures. For each such
architecture presented, the study shall include the following:
(1) The numbers, kinds, and sizes of vessels, the numbers
and types of associated manned and unmanned vehicles, and the
basic capabilities of each of those platforms.
(2) Other information needed to understand that
architecture in basic form and the supporting analysis.
(e) Costs.--Within the amount provided in section 201(2), the
amount of $1,600,000 is authorized, within Program Element 65154N, for
the purposes of this section.
Subtitle C--Ballistic Missile Defense
SEC. 221. ENHANCED FLEXIBILITY FOR BALLISTIC MISSILE DEFENSE SYSTEMS.
(a) Flexibility for Specification of Program Elements.--Subsection
(a) of section 223 of title 10, United States Code, is amended--
(1) by inserting ``by President'' in the subsection heading
after ``Specified'';
(2) by striking ``program elements governing functional
areas as follows:'' and inserting ``such program elements as
the President may specify.''; and
(3) by striking paragraphs (1) through (6).
(b) Conforming Amendments.--(1) Subsection (c) of such section is
amended by striking ``for each program element specified in subsection
(a)'' and inserting ``for a fiscal year for any program element
specified for that fiscal year pursuant to subsection (a)''.
(2) Subsection (c)(3) of section 232 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1037; 10 U.S.C. 2431 note) is amended by striking ``each functional
area'' and all that follows through ``subsection (b),'' and inserting
``each then-current program element for ballistic missile defense
systems in effect pursuant to subsection (a) or (b)''.
(c) Amendments Relating to Changes in Acquisition Terminology.--(1)
Section 223(b)(2) of title 10, United States Code, is amended by
striking ``means the development phase whose'' and inserting ``means
the period in the course of an acquisition program during which the''.
(2) Subsection (d)(1) of section 232 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1037; 10 U.S.C. 2431 note) is amended by striking ``, as added by
subsection (b)''.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2004
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $25,050,587,000.
(2) For the Navy, $27,901,790,000.
(3) For the Marine Corps, $3,517,756,000.
(4) For the Air Force, $25,434,460,000.
(5) For Defense-wide activities, $16,134,047,000.
(6) For the Army Reserve, $1,954,009,000.
(7) For the Naval Reserve, $1,171,921,000.
(8) For the Marine Corps Reserve, $199,452,000.
(9) For the Air Force Reserve, $2,170,188,000.
(10) For the Army National Guard, $4,194,331,000.
(11) For the Air National Guard, $4,404,646,000.
(12) For the United States Court of Appeals for the Armed
Forces, $10,333,000.
(13) For Environmental Restoration, Army, $396,018,000.
(14) For Environmental Restoration, Navy, $256,153,000.
(15) For Environmental Restoration, Air Force,
$384,307,000.
(16) For Environmental Restoration, Defense-wide,
$24,081,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $212,619,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(19) For Cooperative Threat Reduction programs,
$450,800,000.
(20) United States Industrial Base Capabilities Fund,
$100,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2004
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $632,261,000.
(2) For the National Defense Sealift Fund, $1,102,762,000.
(3) For the Defense Commissary Agency Working Capital Fund,
$1,089,246,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2004 for
expenses, not otherwise provided for, for the Defense Health Program,
$15,317,063,000, of which--
(1) $14,923,441,000 is for Operation and Maintenance;
(2) $65,796,000 is for Research, Development, Test, and
Evaluation; and
(3) $327,826,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Defense.--(1) Funds
are hereby authorized to be appropriated for the Department of Defense
for fiscal year 2004 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, $1,580,261,000, of
which--
(A) $1,249,168,000 is for Operation and Maintenance;
(B) $251,881,000 is for Research, Development, Test, and
Evaluation; and
(C) $79,212,000 is for Procurement.
(2) Amounts authorized to be appropriated under paragraph (1) are
authorized for--
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
(c) Drug Interdiction and Counter-Drug Activities, Defense-wide.--
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2004 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide,
$817,371,000.
(d) Defense Inspector General.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2004 for
expenses, not otherwise provided for, for the Office of the Inspector
General of the Department of Defense, $162,449,000.
SEC. 304. COUNTEREXPLOITATION INITIATIVE.
Within the amount authorized to be appropriated by section 301(5)
for operations and maintenance, Defense-wide, the amount for the United
States Special Operations Command is hereby increased by $1,100,000, to
be made available for the initiative for accurately tracing portable,
sensitive items exported beyond the borders of the United States.
SEC. 305. REDUCTION IN AUTHORIZATION FOR AIR FORCE OPERATION AND
MAINTENANCE ACCOUNT.
The amount authorized to be appropriated in section 301(4) is
hereby reduced by $135,500,000.
Subtitle B--Environmental Provisions
SEC. 311. REAUTHORIZATION AND MODIFICATION OF TITLE I OF SIKES ACT.
(a) Reauthorization.--Section 108 of the Sikes Act (16 U.S.C. 670f)
is amended by striking ``fiscal years 1998 through 2003'' each place it
appears and inserting ``fiscal years 2004 through 2008''.
(b) Sense of Congress Regarding Section 107.--(1) Congress finds
the following:
(A) The Department of Defense maintains over 25,000,000
acres of valuable fish and wildlife habitat on approximately
400 military installations nationwide.
(B) These lands contain a wealth of plant and animal life,
vital wetlands for migratory birds, and nearly 300 federally
listed threatened species and endangered species.
(C) Increasingly, land surrounding military bases are being
developed with residential and commercial infrastructure that
fragments fish and wildlife habitat and decreases its ability
to support a diversity of species.
(D) Comprehensive conservation plans, such as integrated
natural resource management plans under the Sikes Act (16
U.S.C. 670 et seq.), can ensure that these ecosystem values can
be protected and enhanced while allowing these lands to meet
the needs of military operations.
(E) Section 107 of the Sikes Act (16 U.S.C. 670e-2)
requires sufficient numbers of professionally trained natural
resources management personnel and natural resources law
enforcement personnel to be available and assigned
responsibility to perform tasks necessary to carry out title I
of the Sikes Act, including the preparation and implementation
of integrated natural resource management plans.
(F) Managerial and policymaking functions performed by
Department of Defense on-site professionally trained natural
resource management personnel on military installations are
appropriate governmental functions.
(G) Professionally trained civilian biologists in permanent
Federal Government career managerial positions are essential to
oversee fish and wildlife and natural resource conservation
programs are essential to the conservation of wildlife species
on military land.
(2) It is the sense of Congress that the Secretary of Defense
should take whatever steps are necessary to ensure that section 107 of
the Sikes Act (16 U.S.C. 670e-2) is fully implemented consistent with
the findings made in paragraph (1).
(c) Pilot Program for Invasive Species Management for Military
Installations.--(1) Section 101(b)(1) of the Sikes Act (16 U.S.C.
670a(b)(1)) is amended by redesignating subparagraphs (D) through (J)
in order as subparagraphs (E) through (K), and by inserting after
subparagraph (C) the following:
``(D) during fiscal years 2004 through 2008, in the
case of a plan for a military installation in Guam,
management, control, and eradication of invasive
species that are not native to the ecosystem of the
military installation and the introduction of which
cause or may cause harm to military readiness, the
environment, the economy, or human health and
safety;''.
(2) The amendment made by paragraph (1) shall apply--
(A) to any integrated natural resources management plan
prepared for a military installation in Guam under section
101(a)(1) of the Sikes Act (16 U.S.C. 670a(a)(1)) on or after
the date of the enactment of this Act; and
(B) to any integrated natural resources management plan
prepared for a military installation in Guam under section
101(a)(1) of the Sikes Act (16 U.S.C. 670a(a)(1)) before the
date of the enactment of this Act, effective March 1, 2004.
SEC. 312. AUTHORIZATION FOR DEFENSE PARTICIPATION IN WETLAND MITIGATION
BANKS.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2694a the following new section:
``Sec. 2694b. Participation in wetland mitigation banks
``(a) Authority to Participate.--The Secretary of a military
department, and the Secretary of Defense with respect to matters
concerning a Defense Agency, when engaged in an authorized activity
that may or will result in the destruction of, or an adverse impact to,
a wetland, may make payments to a wetland mitigation banking program or
`in-lieu-fee' mitigation sponsor approved in accordance with the
Federal Guidance for the Establishment, Use and Operation of Mitigation
Banks (60 Fed. Reg. 58605; November 28, 1995) or the Federal Guidance
on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation
Under Section 404 of the Clean Water Act and Section 10 of the Rivers
and Harbors Act (65 Fed. Reg. 66913; November 7, 2000), or any
successor administrative guidance.
``(b) Alternative to Creation of Wetland.--Participation in a
wetland mitigation banking program or consolidated user site under
subsection (a) shall be in lieu of mitigating wetland impacts through
the creation of a wetland on Federal property.
``(c) Treatment of Payments.--Payments made under subsection (a) to
a wetland mitigation banking program or consolidated user site may be
treated as eligible project costs for military construction.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2694a the following new item:
``2694b. Participation in wetland mitigation banks.''.
SEC. 313. INCLUSION OF ENVIRONMENTAL RESPONSE EQUIPMENT AND SERVICES IN
NAVY DEFINITIONS OF SALVAGE FACILITIES AND SALVAGE
SERVICES.
(a) Salvage Facilities.--Section 7361 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(e) Salvage Facilities Defined.--In this section, the term
`salvage facilities' includes equipment and gear utilized to prevent,
abate, or minimize damage to the environment in connection with a
marine salvage operation.''.
(b) Settlement of Claims for Salvage Services.--Section 7363 of
such title is amended--
(1) by inserting ``(a) Authority to Settle Claim.--''
before ``The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Salvage Services Defined.--In this section, the term `salvage
services' includes services performed in connection with a marine
salvage operation that are intended to prevent, abate, or minimize
damage to the environment.''.
SEC. 314. CLARIFICATION OF DEPARTMENT OF DEFENSE RESPONSE TO
ENVIRONMENTAL EMERGENCIES.
(a) Transportation of Humanitarian Relief Supplies to Respond to
Environmental Emergencies.--Section 402 of title 10, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Response to Environmental Emergencies.--The authority of the
Secretary of Defense to transport humanitarian relief supplies under
this section includes the authority to transport supplies intended for
use to respond to, or mitigate the effects of, an event or condition,
such as an oil spill, that threatens serious harm to the
environment.''.
(b) Conditions on Provision of Transportation.--Subsection (b) of
such section is amended--
(1) in paragraph (1)(C), by inserting ``or entity'' after
``people'';
(2) in paragraph (1)(E), by inserting ``or use'' after
``distribution''; and
(3) in paragraph (3), by striking ``donor to ensure that
supplies to be transported under this section'' and inserting
``entity requesting the transport of supplies under this
section to ensure that the supplies''.
(c) Provision of Disaster Assistance.--Section 404 of such title is
amended--
(1) in subsection (a), by inserting ``or serious harm to
the environment'' after ``loss of lives''; and
(2) in subsection (c)(2), by inserting ``or the
environment'' after ``human lives''.
(d) Provision of Humanitarian Assistance.--Section 2561(a) of such
title is amended--
(1) by inserting ``(1)'' before ``To the extent''; and
(2) by adding at the end the following new paragraph:
``(2) The authority of the Department of Defense to provide
humanitarian assistance under this section includes the authority to
transport supplies or provide assistance intended for use to respond
to, or mitigate the effects of, an event or condition, such as an oil
spill, that threatens serious harm to the environment.''.
SEC. 315. REQUIREMENTS FOR RESTORATION ADVISORY BOARDS AND EXEMPTION
FROM FEDERAL ADVISORY COMMITTEE ACT.
(a) Membership and Meeting Requirements for Restoration Advisory
Boards.--The Secretary of Defense shall amend the regulations required
by section 2705(d)(2) of title 10, United States Code, relating to the
establishment, characteristics, composition, and funding of restoration
advisory boards to ensure that each restoration advisory board complies
with the following requirements:
(1) Each restoration advisory board shall be fairly
balanced in its membership in terms of the points of view
represented and the functions to be performed.
(2) Unless a closed or partially closed meeting is
determined to be proper in accordance with one or more of the
exceptions listed in the section 552b(c) of title 5, United
States Code, each meeting of a restoration advisory board shall
be--
(A) held at a reasonable time and in a manner or
place reasonably accessible to the public, including
individuals with disabilities; and
(B) open to the public.
(3) Timely notice of each meeting of a restoration advisory
board shall be published in a local newspaper of general
circulation.
(4) Interested persons may appear before or file statements
with a restoration advisory board, subject to such reasonable
restrictions as the Secretary may prescribe.
(5) Subject to section 552 of title 5, United States Code,
the records, reports, minutes, appendixes, working papers,
drafts, studies, agenda, or other documents that were made
available to, prepared for, or prepared by each restoration
advisory board shall be available for public inspection and
copying at a single, publicly accessible location, such as a
public library or an appropriate office of the military
installation for which the restoration advisory board is
established, at least until the restoration advisory board is
terminated.
(6) Detailed minutes of each meeting of each restoration
advisory board shall be kept and shall contain a record of the
persons present, a complete and accurate description of matters
discussed and conclusions reached, and copies of all reports
received, issued, or approved by the restoration advisory
board. The accuracy of the minutes of a restoration advisory
board shall be certified by the chairperson of the board.
(b) FACA Exemption.--Section 2705(d)(2) of title 10, United States
Code, is amended by adding at the end the following new subparagraph:
``(C) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to a restoration advisory board established under this
subsection.''.
SEC. 316. REPORT REGARDING IMPACT OF CIVILIAN COMMUNITY ENCROACHMENT
AND CERTAIN LEGAL REQUIREMENTS ON MILITARY INSTALLATIONS
AND RANGES.
(a) Study Required.--The Secretary of Defense shall conduct a study
on the impact, if any, of the following types of activities at military
installations and operational ranges:
(1) Civilian community encroachment on those military
installations and ranges whose operational training activities,
research, development, test, and evaluation activities, or
other operational, test and evaluation, maintenance, storage,
disposal, or other support functions require, or in the future
reasonably may require, safety or operational buffer areas. The
requirement for such a buffer area may be due to a variety of
factors, including air operations, ordnance operations and
storage, or other activities that generate or might generate
noise, electro-magnetic interference, ordnance arcs, or
environmental impacts that require or may require safety or
operational buffer areas.
(2) Compliance by the Department of Defense with State
Implementation Plans for Air Quality under section 110 of the
Clean Air Act (42 U.S.C. 7410).
(3) Compliance by the Department of Defense with the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.) and the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(b) Matters To Be Included With Respect to Civilian
Encroachments.--With respect to paragraph (1) of subsection (a), the
study shall include the following:
(1) A list of all military installations described in
subsection (a)(1) at which civilian community encroachment is
occurring.
(2) A description and analysis of the types and degree of
such civilian community encroachment at each military
installation included on the list.
(3) An analysis, including views and estimates of the
Secretary of Defense, of the current and potential future
impact of such civilian community encroachment on operational
training activities, research, development, test, and
evaluation activities, and other significant operational, test
and evaluation, maintenance, storage, disposal, or other
support functions performed by military installations included
on the list. The analysis shall include the following:
(A) A review of training and test ranges at
military installations, including laboratories and
technical centers of the military departments, included
on the list.
(B) A description and explanation of the trends of
such encroachment, as well as consideration of
potential future readiness problems resulting from
unabated encroachment.
(4) An estimate of the costs associated with current and
anticipated partnerships between the Department of Defense and
non-Federal entities to create buffer zones to preclude further
development around military installations included on the list,
and the costs associated with the conveyance of surplus
property around such military installations for purposes of
creating buffer zones.
(5) Options and recommendations for possible legislative or
budgetary changes necessary to mitigate current and anticipated
future civilian community encroachment problems.
(c) Matters To Be Included With Respect to Specified Laws.--With
respect to paragraphs (2) and (3) of subsection (a), the study shall
include the following:
(1) A list of all military installations and other
locations at which the Armed Forces are encountering problems
related to compliance with the laws specified in such
paragraphs.
(2) A description and analysis of the types and degree of
compliance problems encountered.
(3) An analysis, including views and estimates of the
Secretary of Defense, of the current and potential future
impact of such compliance problems on the following functions
performed at military installations:
(A) Operational training activities.
(B) Research, development, test, and evaluation
activities.
(C) Other significant operational, test and
evaluation, maintenance, storage, disposal, or other
support functions.
(4) A description and explanation of the trends of such
compliance problems, as well as consideration of potential
future readiness problems resulting from such compliance
problems.
(d) Report.--Not later than January 31, 2004, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report containing the results of the study conducted under subsection
(a), including the specific matters required to be addressed by
paragraphs (1) through (5) of subsection (b) and paragraphs (1) through
(4) of subsection (c).
SEC. 317. MILITARY READINESS AND CONSERVATION OF PROTECTED SPECIES.
(a) Limitation on Designation of Critical Habitat.--Section 4(a)(3)
of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is
amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ``(A)'' after ``(3)''; and
(3) by adding at the end the following:
``(B)(i) The Secretary shall not designate as critical habitat any
lands or other geographical areas owned or controlled by the Department
of Defense, or designated for its use, that are subject to an
integrated natural resources management plan prepared under section 101
of the Sikes Act (16 U.S.C. 670a), if the Secretary determines that
such plan addresses special management considerations or protection (as
those terms are used in section 3(5)(A)(i)).
``(ii) Nothing in this paragraph affects the requirement to consult
under section 7(a)(2) with respect to an agency action (as that term is
defined in that section).
``(iii) Nothing in this paragraph affects the obligation of the
Department of Defense to comply with section 9, including the
prohibition preventing extinction and taking of endangered species and
threatened species.''.
(b) Consideration of Effects of Designation of Critical Habitat.--
Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)(2)) is amended by inserting ``the impact on national
security,'' after ``the economic impact,''.
SEC. 318. MILITARY READINESS AND MARINE MAMMAL PROTECTION.
(a) Definition of Harassment for Military Readiness Activities.--
Section 3(18) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1362(18)) is amended by striking subparagraphs (B) and (C) and
inserting the following new subparagraphs:
``(B) In the case of a military readiness activity (as
defined in section 315(f) of Public Law 107-314; 16 U.S.C. 703
note), the term `harassment' means--
``(i) any act that injures or has the significant
potential to injure a marine mammal or marine mammal
stock in the wild; or
``(ii) any act that disturbs or is likely to
disturb a marine mammal or marine mammal stock in the
wild by causing disruption of natural behavioral
patterns, including, but not limited to, migration,
surfacing, nursing, breeding, feeding, or sheltering,
to a point where such behavioral patterns are abandoned
or significantly altered.
``(C) The term `Level A harassment' means harassment
described in subparagraph (A)(i) or, in the case of a military
readiness activity, harassment described in subparagraph
(B)(i).
``(D) The term `Level B harassment' means harassment
described in subparagraph (A)(ii) or, in the case of a military
readiness activity, harassment described in subparagraph
(B)(ii).''.
(b) Exemption of Actions Necessary for National Defense.--Section
101 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371) is
amended by inserting after subsection (e) the following:
``(f) Exemption of Actions Necessary for National Defense.--(1) The
Secretary of Defense, after conferring with the Secretary of Commerce,
the Secretary of the Interior, or both, as appropriate, may exempt any
action or category of actions undertaken by the Department of Defense
or its components from compliance with any requirement of this Act, if
the Secretary determines that it is necessary for national defense.
``(2) An exemption granted under this subsection--
``(A) subject to subparagraph (B), shall be effective for a
period specified by the Secretary of Defense; and
``(B) shall not be effective for more than 2 years.
``(3)(A) The Secretary of Defense may issue additional exemptions
under this subsection for the same action or category of actions,
after--
``(i) conferring with the Secretary of Commerce, the
Secretary of the Interior, or both as appropriate; and
``(ii) making a new determination that the additional
exemption is necessary for national defense.
``(B) Each additional exemption under this paragraph shall be
effective for a period specified by the Secretary of Defense, of not
more than 2 years.''.
(c) Incidental Takings of Marine Mammals in Military Readiness
Activities.--Section 101(a)(5) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1371(a)(5)) is amended--
(1) in subparagraph (A), by adding at the end the
following:
``Notwithstanding the preceding sentence, the Secretary is not
required to publish notice under this subparagraph with respect
to incidental takings while engaged in a military readiness
activity (as defined in section 315(f) of Public Law 107-314;
16 U.S.C. 703 note) authorized by the Secretary of Defense,
except in the Federal Register.'';
(2) in subparagraph (D), by adding at the end the following
new clause:
``(vi) Notwithstanding clause (iii), the Secretary is not
required to publish notice under this subparagraph with respect
to an authorization under clause (i) of incidental takings
while engaged in a military readiness activity (as defined in
section 315(f) of Public Law 107-314; 16 U.S.C. 703 note)
authorized by the Secretary of Defense, except in the Federal
Register.''; and
(3) by adding at the end the following new subparagraph:
``(F) In determining whether a military readiness activity
(as defined in section 315(f) of Public Law 107-314; 16 U.S.C.
703 note) authorized by the Secretary of Defense is in
compliance with the requirements of subparagraphs (A), (B), and
(D), the following references shall not apply:
``(i) In subparagraph (A), `within a specified
geographical region' and `within that region of small
numbers'.
``(ii) In subparagraph (B), `within a specified
geographical region' and `within one or more regions'.
``(iii) In subparagraph (D), `within a specific
geographic region', `of small numbers', and `within
that region'.''.
SEC. 319. LIMITATION ON DEPARTMENT OF DEFENSE RESPONSIBILITY FOR
CIVILIAN WATER CONSUMPTION IMPACTS RELATED TO FORT
HUACHUCA, ARIZONA.
(a) Rule of Construction.--For purposes of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536), in the case of Fort
Huachuca, Arizona, the Secretary of the Army may be held responsible
for water consumption that occurs on that military installation (or
outside of that installation but under the direct authority and control
of the Secretary). The Secretary of the Army is not responsible for
water consumption that occurs outside of Fort Huachuca and is beyond
the direct authority and control of the Secretary even though the water
is derived from a watershed basin shared by that military installation
and the water consumption outside of that installation may impact a
critical habitat or endangered species outside the installation.
(b) Voluntary Efforts.--Nothing in this section shall prohibit the
Secretary of the Army from voluntarily undertaking efforts to mitigate
water consumption related to Fort Huachuca.
(c) Definition of Water Consumption.--In this section, the term
``water consumption'' means the consumption of water, from any source,
for human purposes of any kind, including household or industrial use,
irrigation, or landscaping.
(d) Effective Date.--This section applies only to Department of
Defense actions regarding which consultation or reconsultation under
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is
first required with regard to Fort Huachuca on or after the date of the
enactment of this Act.
SEC. 320. CONSTRUCTION OF WETLAND CROSSINGS, CAMP SHELBY COMBINED ARMS
MANEUVER AREA, CAMP SHELBY, MISSISSIPPI.
Amounts authorized to be appropriated by section 301(1) for
operation and maintenance for the Army shall be available to the
Secretary of the Army to construct wetlands crossings at the Camp
Shelby Combined Arms Maneuver Area at Camp Shelby, Mississippi, for the
purpose of ensuring that combat arms training performed at that area is
conducted in conformance with the spirit and intent of applicable
environmental laws.
Subtitle C--Workplace and Depot Issues
SEC. 321. EXCLUSION OF CERTAIN EXPENDITURES FROM PERCENTAGE LIMITATION
ON CONTRACTING FOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE
AND REPAIR WORKLOADS.
Section 2474(f)(1) of title 10, United States Code, is amended by
striking ``entered into during fiscal years 2003 through 2006''.
SEC. 322. HIGH-PERFORMING ORGANIZATION BUSINESS PROCESS REENGINEERING
PILOT PROGRAM.
(a) Pilot Program.--(1) The Secretary of Defense shall establish a
pilot program under which the Secretary of each military department
shall administer, or continue the implementation of, high-performing
organizations at military installations through the conduct of a
Business Process Reengineering initiative.
(2) The implementation and management of a Business Process
Reengineering initiative under the pilot program shall be the
responsibility of the commander of the military installation at which
the Business Process Reengineering initiative is carried out.
(b) Eligible Organizations.--Two types of organizations are
eligible for selection to participate in the pilot program:
(1) Organizations that underwent a Business Process
Reengineering initiative within the preceding five years,
achieved major performance enhancements under the initiative,
and will be able to sustain previous or achieve new performance
goals through the continuation of its existing or completed
Business Process Reengineering plan.
(2) Organizations that have not undergone or have not
successfully completed a Business Process Reengineering
initiative, but which propose to achieve, and reasonably could
reach, enhanced performance goals through implementation of a
Business Process Reengineering initiative.
(c) Additional Eligibility Requirements.--(1) To be eligible for
selection to participate in the pilot program under subsection (b)(1),
an organization described in such subsection must be able to
demonstrate the completion of a total organizational assessment that
resulted in enhanced performance measures at least comparable to those
that might be achieved through competitive sourcing.
(2) To be eligible for selection to participate in the pilot
program under subsection (b)(2), an organization described in such
subsection must be able to identify--
(A) functions, processes, and measures to be studied under
the Business Process Reengineering initiative;
(B) adequate resources for assignment to carry out the
Business Process Reengineering initiative; and
(C) labor/management agreements in place to ensure
effective implementation of the Business Process Reengineering
initiative.
(d) Pilot Program Limitations.--The pilot program shall be subject
to the following limitations:
(1) Total participants is limited to 15 military
installations, with some participants to be drawn from
organizations described in subsection (b)(1) and some
participants drawn from organizations described in subsection
(b)(2).
(2) During the implementation period for the Business
Process Reengineering initiative, but not to exceed one year, a
participating organization shall not be subject to any Office
of Management and Budget Circular A-76 competition or other
public-private competition involving any function covered by
the Business Process Reengineering initiative.
(e) Effect of Successful Implementation.--An organization
designated as a high-performing organization as a result of successful
implementation of a Business Process Reengineering initiative under the
pilot program shall be exempt, during the five-year period following
such designation, from any Office of Management and Budget Circular A-
76 competition or other public-private competition involving any
function that was studied under the Business Process Reengineering
initiative.
(f) Reviews and Reports.--The Secretaries of the military
departments shall conduct annual performance reviews of the
participating organizations or functions within their respective
departments. Reviews and reports shall evaluate organizational
performance measures or functional performance measures and determine
whether organizations are performing satisfactorily for purposes of
continuing participation in the pilot program.
(g) Performance Measures.--Performance measures should include the
following, which shall be measured against organizational baselines
determined before participation in the pilot program:
(1) Costs, savings, and overall financial performance of
the organization.
(2) Organic knowledge, skills or expertise.
(3) Efficiency and effectiveness of key functions or
processes.
(4) Efficiency and effectiveness of the overall
organization.
(5) General customer satisfaction.
(h) Definitions.--In this section
(1) The term ``high-performing organization'' means an
organization whose performance exceeds that of comparable
providers, whether public or private.
(2) The term ``Business Process Reengineering'' refers to
an organization's complete and thorough analysis and
reengineering of mission and support functions and processes to
achieve improvements in performance, including a fundamental
reshaping of the way work is done to better support an
organization's mission and reduce costs.
SEC. 323. DELAYED IMPLEMENTATION OF REVISED OFFICE OF MANAGEMENT AND
BUDGET CIRCULAR A-76 BY DEPARTMENT OF DEFENSE PENDING
REPORT.
(a) Limitation Pending Report.--No studies or competitions may be
conducted under the policies and procedures contained in any revisions
to Office of Management and Budget Circular A-76, as the circular
exists as of May 1, 2003, for possible contracting out of work being
performed, as of such date, by employees of the Department of Defense,
until the end of the 45-day period beginning on the date on which the
Secretary of Defense submits to Congress a report on the impacts and
effects of the revisions.
(b) Content of Report.--The report required by subsection (a) shall
contain, at a minimum, specific information regarding the following:
(1) The extent to which the revisions will ensure that
employees of the Department of Defense have the opportunity to
compete to retain their jobs.
(2) The extent to which the revisions will provide appeal
and protest rights to employees of the Department of Defense
that are equivalent to those available to contractors.
(3) Identify safeguards in the revisions to ensure that all
public-private competitions are fair, appropriate, and comply
with requirements of full and open competition.
(4) The plans and strategies of the Department to ensure an
appropriate phase-in period for the revisions, as recommended
by the Commercial Activities Panel of the Government Accounting
Office in its April 2002 report to Congress, including
recommendations for any legislative changes that may be
required to ensure a smooth and efficient phase-in period.
(5) The plans and strategies of the Department to collect
and analyze data on the costs and quality of work contracted
out or retained in-house as a result of a sourcing process
conducted under the revised Office of Management and Budget
circular A-76.
SEC. 324. NAVAL AVIATION DEPOTS MULTI-TRADES DEMONSTRATION PROJECT.
(a) Demonstration Project Required.--In accordance with section
4703 of title 5, United States Code, the Secretary of the Navy shall
establish a demonstration project under which three Naval Aviation
Depots are given the flexibility to promote by one grade level workers
who are certified at the journey level as able to perform multiple
trades.
(b) Selection Requirements.--As a condition on eligibility for
selection to participate in the demonstration project, a Naval Aviation
Depot shall submit to the Secretary a business case analysis and
concept plan--
(1) that, on the basis of the results of analysis of work
processes, demonstrate that process improvements would result
from the trade combinations proposed to be implemented under
the demonstration project; and
(2) that describes the resulting improvements in cost,
quality, or schedule.
(c) Participating Workers.--(1) Actual worker participation in the
demonstration project shall be determined through competitive
selection. Not more than 15 percent of the wage grade journeyman at a
demonstration project location may be selected to participate.
(2) Job descriptions and competency-based training plans must be
developed for each worker while in training under the demonstration
project and once certified as a multi-trade worker. A certified multi-
trade worker who receives a pay grade promotion under the demonstration
project must use each new skill during at least 25 percent of the
worker's work week.
(d) Funding Source.--Amounts appropriated for operation and
maintenance of the Naval Aviation Depots selected to participate in the
demonstration project shall be used as the source of funds to carry out
the demonstration project, including the source of funds for pay
increases made under the project.
(e) Duration.--The demonstration project shall be conducted during
fiscal years 2004 through 2006.
(f) Report.--Not later than January 15, 2007, the Secretary shall
submit a report to Congress describing the results of the demonstration
project.
(g) GAO Evaluation.--The Secretary shall transmit a copy the report
to the Comptroller General. Within 90 days after receiving a report,
the Comptroller General shall submit to Congress an evaluation of the
report.
Subtitle D--Information Technology
SEC. 331. PERFORMANCE-BASED AND RESULTS-BASED MANAGEMENT REQUIREMENTS
FOR CHIEF INFORMATION OFFICERS OF DEPARTMENT OF DEFENSE.
(a) Accountability.--Section 2223 of title 10, United States Code,
is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Performance-based and Results-based Management.--In addition
to the responsibilities provided for in subsections (a) and (b), the
Chief Information Officer of the Department of Defense and the Chief
Information Officer of a military department shall--
``(1) encourage the use of performance-based and results-
based management in fulfilling the responsibilities provided
for in subsections (a) and (b), as applicable;
``(2) evaluate the information resources management
practices of the department concerned with respect to the
performance and results of the investments made by the
department in information technology;
``(3) establish effective and efficient capital planning
processes for selecting, managing, and evaluating the results
of all of the department's major investments in information
systems;
``(4) ensure that any analysis of the missions of the
department is adequate and make recommendations, as
appropriate, on the department's mission-related processes,
administrative processes, and any significant investments in
information technology to be used in support of those missions;
and
``(5) ensure that information security policies,
procedures, and practices are adequate.''.
(b) Defense Agency Responsibilities.--Section 2223 of title 10,
United States Code, is further amended by inserting after subsection
(c), as added by subsection (a), the following new subsection:
``(d) Defense Agencies and Field Activities.--The Secretary of
Defense shall require the Director of each Defense Agency and
Department of Defense Field Activity to ensure that the
responsibilities set forth in subsections (b) and (c) for Chief
Information Officers of military departments are carried out within the
Agency or Field Activity by any officer or employee acting as a chief
information officer or carrying out duties similar to a chief
information officer.''.
Subtitle E--Other Matters
SEC. 341. CATALOGING AND STANDARDIZATION FOR DEFENSE SUPPLY MANAGEMENT.
(a) Standardization Methods.--Section 2451 of title 10, United
States Code, is amended to read as follows:
``Sec. 2451. Defense supply management
``(a) Single Catalog System.--The Secretary of Defense shall adopt,
implement and maintain a single catalog system for standardizing
supplies for the Department of Defense. The single catalog system shall
be used for each supply the Department uses, buys, stocks, or
distributes.
``(b) Standardization Requirements.--To the highest degree
practicable, the Secretary of Defense shall--
``(1) adopt and use single commercial standards or
voluntary standards, in consultation with industry advisory
groups, in order to eliminate overlapping and duplicate
specifications for supplies for the Department of Defense and
to reduce the number of sizes and kind of supplies that are
generally similar;
``(2) standardize the methods of packing, packaging, and
preserving supplies; and
``(3) make efficient use of the services and facilities for
inspecting, testing, and accepting supplies.
``(c) Consultation and Cooperation.--The Secretary of Defense shall
maintain liaison with industry advisory groups to coordinate the
development of the supply catalog and the standardization program with
the best practices of industry and to obtain the fullest practicable
cooperation and participation of industry in developing the supply
catalog and the standardization program.''.
(b) Equipment Standardization with NATO Members.--Section 2457 of
such title is amended by striking subsection (d).
(c) Conforming Repeals.--(1) Chapter 145 of such title is amended
by striking sections 2452, 2453, and 2454.
(2) The table of sections at the beginning of such chapter is
amended by striking the items related to sections 2452, 2453, and 2454.
SEC. 342. SPACE-AVAILABLE TRANSPORTATION FOR DEPENDENTS OF MEMBERS
ASSIGNED TO OVERSEAS DUTY LOCATIONS FOR CONTINUOUS PERIOD
IN EXCESS OF ONE YEAR.
(a) In General.--Chapter 157 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2648. Dependents of members assigned to overseas duty locations
for continuous period in excess of one year: space-
available transportation
``(a) Authority.--The Secretary of Defense shall authorize travel
on Government aircraft on a space-available basis for dependents of
members on active duty assigned to duty at an overseas location as
described in subsection (b) to the same extent as such travel is
authorized for a dependent of a member assigned to that duty location
in a permanent change of station status.
``(b) Duty Status Covered.--Duty at an overseas location described
in this subsection is duty for a continuous period in excess of one
year that is in a temporary duty status or that is in a permanent duty
status without change of station.
``(c) Types of Transportation Authorized.--If authorized for other
members at that duty location, travel provided under this section may
include (1) travel between the overseas duty location and the United
States and return, and (2) travel between the overseas duty location
and another overseas location and return.
``(d) Alaska and Hawaii.--For purposes of this section, duty in
Alaska or Hawaii shall be considered to be duty at an overseas
location.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2648. Dependents of members assigned to overseas duty locations for
continuous period in excess of one year:
space-available transportation.''.
SEC. 343. PRESERVATION OF AIR FORCE RESERVE WEATHER RECONNAISSANCE
MISSION.
The Secretary of Defense shall not disestablish, discontinue, or
transfer the weather reconnaissance mission of the Air Force Reserve
unless the Secretary determines that another organization or entity can
demonstrate that it has the capability to perform the same mission with
the same capability as the Air Force Reserve.
SEC. 344. EXPANSION OF DEPARTMENT OF DEFENSE EXCESS PERSONAL PROPERTY
DISPOSAL PROGRAM TO INCLUDE HEALTH AGENCIES IN ADDITION
TO LAW ENFORCEMENT AND FIREFIGHTING AGENCIES.
(a) Inclusion of Health Agencies.--Section 2576b of title 10,
United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Transfer Authorized.--Subject to subsection (b), the
Secretary of Defense may transfer to a firefighting agency or health
agency in a State any personal property of the Department of Defense
that the Secretary determines is--
``(1) excess to the needs of the Department of Defense; and
``(2) suitable for use in providing fire and emergency
medical services or responding to health or environmental
emergencies, including personal protective equipment and
equipment for communication and monitoring.''; and
(2) in subsection (b)(2) and (c), by striking
``firefighting'' both places it appears.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2576b. Excess personal property: sale or donation to assist
firefighting agencies and health agencies
(2) The table of sections at the beginning of chapter 153 of such
title is amended by striking the item relating to section 2576b and
inserting the following new item:
``2576b. Excess personal property: sale or donation to assist
firefighting agencies and health
agencies.''.
SEC. 345. DEPARTMENT OF DEFENSE PUBLIC HEALTH ASSESSMENT OF EXPOSURE TO
PERCHLORATE.
(a) Epidemiological Study of Exposure to Perchlorate.--
(1) In general.--The Secretary of Defense shall provide for
an independent epidemiological study of exposure to perchlorate
in drinking water.
(2) Performance of study.--The Secretary shall provide for
the performance of the study under this subsection through the
Centers for Disease Control, the National Institutes of Health,
or another Federal entity with experience in environmental
toxicology selected by the Secretary for purposes of the study.
(3) Matters to be included in study.--In providing for the
study under this subsection, the Secretary shall require the
Federal entity conducting the study--
(A) to assess the incidence of thyroid disease and
measurable effects of thyroid function in relation to
exposure to perchlorate;
(B) to ensure that the study is of sufficient scope
and scale to permit the making of meaningful
conclusions of the measurable public health threat
associated with exposure to perchlorate, especially the
threat to sensitive subpopulations; and
(C) to study thyroid function, including
measurements of urinary iodine and thyroid hormone
levels, in a sufficient number of pregnant women,
neonates, and infants exposed to perchlorate in
drinking water and match measurements of perchlorate
levels in the drinking water of each study participant
in order to permit the development of meaningful
conclusions on the public health threat to individuals
exposed to perchlorate.
(4) Report on study.--The Secretary shall require the
Federal entity conducting the study under this subsection to
submit to the Secretary a report on the study not later than
June 1, 2005.
(b) Review of Effects of Perchlorate on Endocrine System.--
(1) In general.--The Secretary shall provide for an
independent review of the effects of perchlorate on the human
endocrine system.
(2) Performance of review.--The Secretary shall provide for
the performance of the review under this subsection through the
Centers for Disease Control, the National Institutes of Health,
or another appropriate Federal research entity with experience
in human endocrinology selected by the Secretary for purposes
of the review. The Secretary shall ensure that the panel
conducting the review is composed of individuals with expertise
in human endocrinology.
(3) Matters to be included in review.--In providing for the
review under this subsection, the Secretary shall require the
Federal entity conducting the review to assess--
(A) available data on human exposure to
perchlorate, including clinical data and data on
exposure of sensitive subpopulations, and the levels at
which health effects were observed; and
(B) available data on other substances that have
endocrine effects similar to perchlorate to which the
public is frequently exposed.
(4) Report on review.--The Secretary shall require the
Federal entity conducting the review under this subsection to
submit to the Secretary a report on the review not later than
June 1, 2005.
SEC. 346. PERMANENT AUTHORITY FOR PURCHASE OF CERTAIN MUNICIPAL
SERVICES AT INSTALLATIONS IN MONTEREY COUNTY, CALIFORNIA.
(a) Authority.--Subject to subsection (b), public works, utility,
and other municipal services needed for the operation of any Department
of Defense asset in Monterey County, California, may be purchased from
government agencies located in that county.
(b) Prohibition on Purchase of Certain Services.--Section 2465 of
title 10, United States Code, relating to the purchase of firefighting
or security-guard services at a military installation, applies with
respect to the authority provided by subsection (a).
(c) Conforming amendment.--Section 816 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2820) is repealed.
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, 482,375.
(2) The Navy, 375,700.
(3) The Marine Corps, 175,000.
(4) The Air Force, 361,268.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Effective October 1, 2003, section 691(b) of title 10, United
States Code, is amended as follows:
(1) Army.--Paragraph (1) is amended by striking ``480,000''
and inserting ``482,375''.
(2) Air force.--Paragraph (4) is amended by striking
``359,000'' and inserting ``361,268''.
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
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2004, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 25,386.
(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 minimum number of military technicians (dual status) as of the
last day of fiscal year 2004 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United States,
24,589.
(2) For the Army Reserve, 7,844.
(3) For the Air National Guard of the United States,
22,806.
(4) For the Air Force Reserve, 9,991.
SEC. 414. FISCAL YEAR 2004 LIMITATION ON NON-DUAL STATUS TECHNICIANS.
The number of non-dual status technicians of a reserve component of
the Army or the Air Force as of September 30, 2004, may not exceed the
following:
(1) For the Army Reserve, 910.
(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.
SEC. 415. PERMANENT LIMITATIONS ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
Section 10217(c) of title 10, United States Code, is amended by
striking ``and Air Force Reserve may not exceed 175'' and inserting
``may not exceed 595 and by the Air Force Reserve may not exceed 90''.
Subtitle C--Authorizations of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2004 a total of
$98,634,511,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2004.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2004
from the Armed Forces Retirement Home Trust Fund the sum of $65,279,000
for the operation of the Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--General and Flag Officer Matters
SEC. 501. STANDARDIZATION OF QUALIFICATIONS FOR APPOINTMENT AS SERVICE
CHIEF.
(a) Chief of Naval Operations.--Section 5033(a)(1) of title 10,
United States Code, is amended by striking ``from officers on the
active-duty list in the line of the Navy who are eligible to command at
sea and who hold the grade of rear admiral or above'' and inserting
``flag officers of the Navy''.
(b) Commandant of the Marine Corps.--Section 5043(a)(1) of title
10, United States Code, is amended by striking ``from officers on the
active-duty list of the Marine Corps not below the grade of colonel''
and inserting ``general officers of the Marine Corps''.
Subtitle B--Other Officer Personnel Policy Matters
SEC. 511. REPEAL OF PROHIBITION ON TRANSFER BETWEEN LINE OF THE NAVY
AND NAVY STAFF CORPS APPLICABLE TO REGULAR NAVY OFFICERS
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. 512. RETENTION OF HEALTH PROFESSIONS OFFICERS TO FULFILL ACTIVE-
DUTY SERVICE COMMITMENTS FOLLOWING PROMOTION
NONSELECTION.
(a) In General.--Section 632 of title 10, United States Code, is
amended--
(1) in subsection (a)(1), by inserting ``except as provided
in paragraph (3) and in subsection (c),'' before ``be
discharged''; and
(2) by adding at the end the following new subsection:
``(c)(1) If a health professions officer described in paragraph (2)
is subject to discharge under subsection (a)(1) and, as of the date on
which the officer is to be discharged under that paragraph, the officer
has not completed a period of active duty service obligation that the
officer incurred under section 2005, 2114, 2123, or 2603 of this title,
the officer shall be retained on active duty until completion of such
active duty service obligation, and then be discharged under that
subsection, unless sooner retired or discharged under another provision
of law.
``(2) The Secretary concerned may waive the applicability of
paragraph (1) to any officer if the Secretary determines that
completion of the active duty service obligation of that officer is not
in the best interest of the service.
``(3) This subsection applies to a medical officer or dental
officer or an officer appointed in a medical skill other than as a
medical officer or dental officer (as defined in regulations prescribed
by the Secretary of Defense).''.
(b) Technical Amendments.--Sections 630(2), 631(a)(3), and
632(a)(3) of such title are amended by striking ``clause'' and
inserting ``paragraph''.
(c) Effective Date.--The amendments made by subsection (a) shall
not apply in the case of an officer who as of the date of the enactment
of this Act is required to be discharged under section 632(a)(1) of
title 10, United States Code, by reason of having failed of selection
for promotion to the next higher regular grade a second time.
SEC. 513. INCREASED FLEXIBILITY FOR VOLUNTARY RETIREMENT FOR MILITARY
OFFICERS.
(a) In General.--Section 1370 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``except as provided in
paragraph (2)'' and inserting ``subject to
paragraphs (2) and (3)''; and
(ii) by striking ``, for not less than six
months'';
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by striking paragraph (2) and inserting the
following:
``(2) In order to be eligible for voluntary retirement under this
title in a grade below the grade of lieutenant colonel or commander, a
commissioned officer of the Army, Navy, Air Force, or Marine Corps
covered by paragraph (1) must have served on active duty in that grade
for not less than six months.
``(3)(A) In order to be eligible for voluntary retirement in a
grade above major or lieutenant commander and below brigadier general
or rear admiral (lower half), a commissioned officer of the Army, Navy,
Air Force, or Marine Corps covered by paragraph (1) must have served on
active duty in that grade for not less than three years, except that
the Secretary of Defense may authorize the Secretary of the military
department concerned to reduce such period to a period not less than
two years.
``(B) In order to be eligible for voluntary retirement in a grade
above colonel or captain, in the case of the Navy, a commissioned
officer of the Army, Navy, Air Force, or Marine Corps covered by
paragraph (1) must have served on active duty in that grade for not
less than one year.
``(C) An officer in a grade above major general or rear admiral may
be retired in the highest grade in which the officer served on active
duty satisfactorily for not less than one year, upon approval by the
Secretary of the military department concerned and concurrence by the
Secretary of Defense. The function of the Secretary of Defense under
the preceding sentence may only be delegated to a civilian official in
the Office of the Secretary of Defense appointed by the President, by
and with the advice and consent of the Senate.
``(D) The President may waive subparagraph (A), (B) or (C) in
individual cases involving extreme hardship or exceptional or unusual
circumstances. The authority of the President under the preceding
sentence may not be delegated.'';
(2) in subsection (b), by inserting ``or whose service on
active duty in that grade was not determined to be satisfactory
by the Secretary of the military department concerned'' after
``specified in subsection (a)'';
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as subsection (c) and
in that subsection--
(A) in paragraph (3)--
(i) in subparagraph (A)--
(I) by inserting ``(i)'' after
``(3)(A)'';
(II) by inserting ``and below
brigadier general or rear admiral
(lower half)'' after ``lieutenant
commander'';
(III) by inserting ``, except that
the Secretary of Defense may authorize
the Secretary of the military
department concerned to reduce such
period to a period not less than two
years'' after ``three years''; and
(IV) by adding at the end the
following new clauses:
``(ii) In order to be credited with satisfactory service in a grade
above colonel or captain, in the case of the Navy, a person covered by
paragraph (1) must have served satisfactorily in that grade (as
determined by the Secretary of the military department concerned) as a
reserve commissioned officer in active status, or in a retired status
on active duty, for not less than one year.
``(iii) An officer covered by paragraph (1) who is in a grade above
the grade of major general or rear admiral may be retired in the
highest grade in which the officer served satisfactorily for not less
than one year, upon approval by the Secretary of the military
department concerned and concurrence by the Secretary of Defense. The
function of the Secretary of Defense under the preceding sentence may
only be delegated to a civilian official in the Office of the Secretary
of Defense appointed by the president, by and with the advice and
consent of the Senate.'';
(ii) in subparagraphs (D) and (E), by
striking ``subparagraph (A)'' and inserting
``subparagraph (A)(i)''; and
(iii) by striking subparagraph (F); and
(B) by striking paragraphs (5) and (6); and
(5) by striking subsection (e).
(b) Conforming Amendments.--Section 1406(i)(2) of such title is
amended--
(1) in the paragraph heading, by striking ``members'' and
all that follows through ``satisfactorily'' and inserting
``enlisted members reduced in grade'';
(2) by striking ``a member'' and inserting ``an enlisted
member'';
(3) by striking ``1998--'' and all that follows through
``is reduced in'' and inserting ``1998, is reduced in'';
(4) by striking ``; or'' and inserting a period; and
(5) by striking subparagraph (B).
(c) Effective Date.--The amendments made by this section shall
apply with respect to the determination of the retired grade of members
of the Armed Forces retiring on or after the date of the enactment of
this Act.
SEC. 514. REPEAL OF REQUIRED GRADE OF DEFENSE ATTACHE IN FRANCE.
(a) In General.--Section 714 of title 10, United States Code, is
repealed.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 41 of such title is amended by striking the item relating to
section 714.
Subtitle C--Reserve Component Matters
SEC. 521. STREAMLINED PROCESS FOR CONTINUATION OF OFFICERS ON THE
RESERVE ACTIVE-STATUS LIST.
(a) Repeal of Requirement for Use of Selection Boards.--Section
14701 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``by a selection
board convened under section 14101(b) of this title''
and inserting ``under regulations prescribed by the
Secretary of Defense; and
(B) in paragraph (6), by striking ``as a result of
the convening of a selection board under section
14101(b) of this title'' and inserting ``under
regulations prescribed under paragraph (1)'';
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).
(b) Conforming Amendments.--(1) Section 14101(b) of such title is
amended--
(A) by striking ``Continuation Boards'' and inserting
``Selective Early Separation Boards'';
(B) by striking paragraph (1);
(C) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(D) by striking the last sentence.
(2) Section 14102(a) of such title is amended by striking
``Continuation boards'' and inserting ``Selection boards convened under
section 14101(b) of this title''.
(3) Section 14705(b)(1) of such title is amended by striking
``continuation board'' and inserting ``selection board''.
SEC. 522. CONSIDERATION OF RESERVE OFFICERS FOR POSITION VACANCY
PROMOTIONS IN TIME OF WAR OR NATIONAL EMERGENCY.
(a) Promotion Consideration While on Active-Duty List.--(1)
Subsection (d) of section 14317 of title 10, United States Code, is
amended by striking ``If a reserve officer'' and inserting ``Except as
provided in subsection (e), if a reserve officer''.
(2) Subsection (e) of such section is amended to read as follows:
``(e) Officers Ordered to Active Duty in Time of War or National
Emergency.--(1) A reserve officer who is not on the active-duty list
and who is ordered to active duty in time of war or national emergency
may, if eligible, be considered for promotion--
``(A) by a mandatory promotion board convened under section
14101(a) of this title or a special selection board convened
under section 14502 of this title; or
``(B) in the case of an officer who has been ordered to or
is serving on active duty in support of a contingency
operation, by a vacancy promotion board convened under section
14101(a) of this title.
``(2) An officer may not be considered for promotion under this
subsection after the end of the two-year period beginning on the date
on which the officer is ordered to active duty.
``(3) An officer may not be considered for promotion under this
subsection during a period when the operation of this section has been
suspended by the President under the provisions of section 123 or 10213
of this title.
``(4) Consideration of an officer for promotion under this
subsection shall be under regulations prescribed by the Secretary of
the military department concerned.''.
(b) Conforming Amendment.--Section 14315(a)(1) of such title is
amended by striking ``as determined by the Secretary concerned, is
available'' and inserting ``under regulations prescribed by the
Secretary concerned, has been recommended''.
SEC. 523. SIMPLIFICATION OF DETERMINATION OF ANNUAL PARTICIPATION FOR
PURPOSES OF READY RESERVE TRAINING REQUIREMENTS.
Subsection (a) of section 10147 of title 10, United States Code, is
amended to read as follows:
``(a)(1) Except as provided pursuant to paragraph (2), 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 other
than 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, and active duty equivalent to 38 days (exclusive of travel)
during each year.
``(2) The Secretary of Defense, and the Secretary of Homeland
Security with respect to the Coast Guard when it is not operating as a
service in the Navy, may prescribe regulations providing specific
exceptions for the requirements of paragraph (1).''.
SEC. 524. AUTHORITY FOR DELEGATION OF REQUIRED SECRETARIAL SPECIAL
FINDING FOR PLACEMENT OF CERTAIN RETIRED MEMBERS IN READY
RESERVE.
The last sentence of section 10145(d) of title 10, United States
Code, is amended to read as follows: ``The authority of the Secretary
concerned under the preceding sentence may not be delegated--
``(1) to a civilian officer or employee of the military
department concerned below the level of the Assistant Secretary
of the military department concerned; or
``(2) to a member of the armed forces below the level of
the lieutenant general or vice admiral in an armed force with
responsibility for military personnel policy in that armed
force.''.
SEC. 525. AUTHORITY TO PROVIDE EXPENSES OF ARMY AND AIR STAFF PERSONNEL
AND NATIONAL GUARD BUREAU PERSONNEL ATTENDING NATIONAL
CONVENTIONS OF CERTAIN MILITARY ASSOCIATIONS.
(a) Authority.--Section 107(a)(2) of title 32, United States Code,
is amended--
(1) by striking ``officers'' and inserting ``members'';
(2) by striking ``Army General Staff'' and inserting ``Army
Staff''; and
(3) by striking ``National Guard Association of the United
States'' and inserting ``, Enlisted Association of the National
Guard of the United States, National Guard Association of the
United States,''.
(b) Effective Date.--The amendments made by subsection (a) shall
not apply with respect to funds appropriated for a fiscal year before
fiscal year 2004.
Subtitle D--Military Education and Training
SEC. 531. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD THE DEGREE
OF MASTER OF OPERATIONAL STUDIES.
(a) Authority.--Section 7102 of title 10, United States Code, is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Command and Staff College of the Marine Corp University.--
Upon the recommendation of the Director and faculty of the Command and
Staff College of the Marine Corps University, the President of the
Marine Corps University may confer the degree of master of operational
studies upon graduates of the Command and Staff College's School of
Advanced Warfighting who fulfill the requirements for that degree.''.
(b) Effective Date.--The authority to confer the degree of master
of operational studies under section 7102(c) of title 10, United States
Code (as added by subsection (a)) may not be exercised until the
Secretary of Education determines, and certifies to the President of
the Marine Corps University, that the requirements established by the
Command and General Staff College of the Marine Corps University for
that degree are in accordance with generally applicable requirements
for a degree of master of arts. Upon receipt of such a certification,
the President of the University shall promptly transmit a copy of the
certification to the Committee on Armed Services of the Senate and
Committee on Armed Services of the House of Representatives.
SEC. 532. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR CADETS AND
MIDSHIPMEN RECEIVING ROTC SCHOLARSHIPS.
(a) Financial Assistance Program for Service on Active Duty.--
Section 2107(c) of title 10, United States Code, is amended by adding
at the end the following new paragraphs:
``(3) In the case of a cadet or midshipman eligible to receive
financial assistance under paragraph (1) or (2), the Secretary of the
military department concerned may, in lieu of all or part of the
financial assistance described in paragraph (1), provide financial
assistance in the form of room and board expenses for the cadet or
midshipman and other expenses required by the educational institution.
``(4) The total amount of financial assistance, including the
payment of room and board and other educational expenses, 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 paragraph (3).''.
(b) Financial Assistance Program for Service in Troop Program
Units.--Section 2107a(c) of such title is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraphs:
``(2) In the case of a cadet eligible to receive financial
assistance under paragraph (1), the Secretary of the military
department concerned may, in lieu of all or part of the financial
assistance described in paragraph (1), provide financial assistance in
the form of room and board expenses for such cadet and other expenses
required by the educational institution.
``(3) The total amount of financial assistance, including the
payment of room and board and any other educational expenses, provided
to a cadet in an academic year under this subsection may not exceed an
amount equal to the amount that could be provided as financial
assistance for such cadet under paragraph (1), or 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 paragraph (2).''.
(c) Effective Date.--The amendments made by this section shall
apply to payment of expenses of cadets and midshipmen of the Senior
Reserve Officers' Training Corps program that are due after the date of
the enactment of this Act.
SEC. 533. INCREASE IN ALLOCATION OF SCHOLARSHIPS UNDER ARMY RESERVE
ROTC SCHOLARSHIP PROGRAM TO STUDENTS AT MILITARY JUNIOR
COLLEGES.
Section 2107a(h) of title 10, United States Code, is amended by
striking ``10'' each place it appears and inserting ``17''.
SEC. 534. INCLUSION OF ACCRUED INTEREST IN AMOUNTS THAT MAY BE REPAID
UNDER SELECTED RESERVE CRITICAL SPECIALTIES EDUCATION
LOAN REPAYMENT PROGRAM.
Section 16301 of title 10, United States Code, is amended--
(1) in subsection (b), by inserting before the period at
the end the following: ``, plus the amount of any interest that
may accrue during the current year''; and
(2) in subsection (c), by adding at the end the following
new sentence: ``For the purposes of this section, any interest
that has accrued on the loan for periods before the current
year shall be considered as within the total loan amount that
shall be repaid.''.
SEC. 535. AUTHORITY FOR NONSCHOLARSHIP SENIOR ROTC SOPHOMORES TO
VOLUNTARILY CONTRACT FOR AND RECEIVE SUBSISTENCE
ALLOWANCE.
(a) Authority for Allowance.--Section 209 of title 37, United
States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Nonscholarship Senior ROTC Members Not in Advanced
Training.--A member of the Selected Reserve Officers' Training Corps
who has entered into an agreement under section 2103a of title 10 is
entitled to a monthly subsistence allowance at a rate prescribed under
subsection (a). The allowance may be paid to the member for a maximum
of 20 months.''.
(b) Authority to Accept Enrollment.--(1) Chapter 103 of title 10,
United States Code, is amended by inserting after section 2103 the
following new section:
``Sec. 2103a. Students not eligible for advanced training: commitment
to military service
``(a) A member of the program who has completed successfully the
first year of a four-year Senior Reserve Officers' Training Corps
course and who is not eligible for advanced training under section 2104
of this title and is not a cadet or midshipman appointed under section
2107 of this title may--
``(1) contract with the Secretary of the military
department concerned, or the Secretary's designated
representative, to serve for the period required by the
program; and
``(2) agree in writing to accept an appointment, if
offered, as a commissioned officer in the Army, Navy, Air
Force, or Marine Corps, as the case may be, and to serve in the
armed forces for the period prescribed by the Secretary.
``(b) A member of the program may enter into a contract and
agreement under this section (and receive a subsistence allowance under
section 209(c) of title 37) only if the person--
``(1) is a citizen of the United States;
``(2) enlists in an armed force under the jurisdiction of
the Secretary of the military department concerned for the
period prescribed by the Secretary; and
``(3) executes a certificate of loyalty in such form as the
Secretary of Defense prescribes or take a loyalty oath as
prescribed by the Secretary.
``(c) A member of the program who is a minor may enter into a
contract under subsection (a)(1) only with the consent of the member's
parent or guardian.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2103a. Students not eligible for advanced training: commitment to
military service.''.
SEC. 536. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM NOMINATIONS
MADE BY DELEGATES FROM GUAM, VIRGIN ISLANDS, AND AMERICAN
SAMOA.
(a) United States Military Academy.--Section 4342(a) of title 10,
United States Code, is amended--
(1) in paragraphs (6) and (8), by striking ``Two'' and
inserting ``Three''; and
(2) in paragraph (9), by striking ``One'' and inserting
``Two''.
(b) United States Naval Academy.--Section 6954(a) of such title is
amended--
(1) in paragraphs (6) and (8), by striking ``Two'' and
inserting ``Three''; and
(2) in paragraph (9), by striking ``One'' and inserting
``Two''.
(c) United States Air Force Academy.--Section 9342(a) of such title
is amended--
(1) in paragraphs (6) and (8), by striking ``Two'' and
inserting ``Three''; and
(2) in paragraph (9), by striking ``One'' and inserting
``Two''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to the nomination of candidates for appointment to
the United States Military Academy, the United States Naval Academy,
and the United States Air Force Academy for classes entering those
academies after the date of the enactment of this Act.
SEC. 537. READMISSION TO SERVICE ACADEMIES OF CERTAIN FORMER CADETS AND
MIDSHIPMEN.
(a) Inspector General Report as Basis for Readmission.--(1) When a
formal report by an Inspector General within the Department of Defense
concerning the circumstances of the separation of a cadet or midshipman
from one of the service academies contains a specific finding specified
in paragraph (2), the Secretary of the military department concerned
may use that report as the sole basis for readmission of the former
cadet or midshipman to the respective service or service academy.
(2) A finding specified in this paragraph is a finding that
substantiates that a former service academy cadet or midshipman, while
attending the service academy--
(A) received administrative or punitive action or
nonjudicial punishment as a result of reprisal;
(B) resigned in lieu of disciplinary, administrative, or
other action that the formal report concludes constituted a
threat of reprisal; or
(C) otherwise suffered an injustice that contributed to the
resignation of the cadet or midshipman.
(b) Readmission.--In the case of a formal report by an Inspector
General described in subsection (a), the Secretary concerned shall
offer the former cadet or midshipman an opportunity for readmission to
the service academy from which the former cadet or midshipman resigned,
if the former cadet or midshipman is otherwise eligible for such
readmission.
(c) Applications for Readmission.--A former cadet or midshipman
described in a report referred to in subsection (a) may apply for
readmission to the service academy on the basis of that report and
shall not be required to submit the request for readmission through a
board for the correction of military records.
(d) Regulations to Minimize Adverse Impact Upon Readmission.--The
Secretary of each military department shall prescribe regulations for
the readmission of a former cadet or midshipman described in
subsections (a), with the goal, to the maximum extent practicable, of
readmitting the former cadet or midshipman at no loss of the academic
or military status held by the former cadet at the time of resignation.
(e) Construction With Other Remedies.--This section does not
preempt or supercede any other remedy that may be available to a former
cadet or midshipman.
(f) Service Academies.--In this section, the term ``service
academy'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
SEC. 538. AUTHORIZATION FOR NAVAL POSTGRADUATE SCHOOL TO PROVIDE
INSTRUCTION TO ENLISTED MEMBERS PARTICIPATING IN CERTAIN
PROGRAMS.
(a) Instruction of Enlisted Members.--Subsection (a) of section
7045 of title 10, United States Code, is amended by striking paragraph
(2) and inserting the following:
``(2) The Secretary may permit enlisted members of the armed forces
to receive instruction at the Naval Postgraduate School for the purpose
of attending--
``(A) executive level seminars; or
``(B) the information security scholarship program under
chapter 112 of this title.
``(3) In addition to instruction authorized under paragraph (2),
the Secretary may, on a space-available basis, permit an enlisted
member of any of the armed forces to receive instruction at the Naval
Postgraduate School if the member is assigned permanently to the staff
of the Naval Postgraduate School or to a nearby command.''.
(b) Reimbursement.--Subsection (b) of such section is amended--
(1) by striking ``The Department'' and inserting ``(1)
Except as provided under paragraph (3), the Department'';
(2) by striking ``officers'' in the first sentence and
inserting ``members'';
(3) by designating the second sentence as paragraph (2) and
in that sentence--
(A) by inserting ``under subsection (a)(3)'' after
``permitted'';
(B) by inserting ``on a space-available basis''
after ``instruction at the Postgraduate School''; and
(C) by striking ``(taking into consideration the
admission of enlisted members on a space-available
basis)''; and
(4) by adding at the end the following new paragraph:
``(3) The Secretary of Defense may prescribe exceptions to the
requirements of paragraph (1) with regard to attendance at the
Postgraduate School pursuant to chapter 112 of this title.''.
SEC. 539. DEFENSE TASK FORCE ON SEXUAL HARASSMENT AND VIOLENCE AT THE
MILITARY SERVICE ACADEMIES.
(a) Establishment.--The Secretary of Defense shall establish a
Department of Defense task force to examine matters relating to sexual
harassment and violence at the United States Military Academy and the
United States Naval Academy.
(b) Recommendations.--Not later than 12 months after the date on
which all members of the task force have been appointed, the task force
shall submit to the Secretary of Defense a report recommending ways by
which the Department of Defense and the military services may more
effectively address matters relating to sexual harassment and violence
at the United States Military Academy and the United States Naval
Academy. The report shall include an assessment of, and recommendations
(including changes in law) for measures to improve, the following with
respect to sexual harassment and violence at those academies:
(1) Victims' safety programs.
(2) Offender accountability.
(3) Effective prevention of sexual harassment and violence.
(4) Collaboration among military organizations with
responsibility or jurisdiction with respect to sexual
harassment and violence.
(5) Coordination between military and civilian communities,
including local support organizations, with respect to sexual
harassment and violence.
(6) Coordination between military and civilian communities,
including civilian law enforcement relating to acts of sexual
harassment and violence.
(7) Data collection and case management and tracking.
(8) Curricula and training, including standard training
programs for cadets at the United States Military Academy and
midshipmen at the United States Naval Academy and for permanent
personnel assigned to those academies.
(9) Responses to sexual harassment and violence at those
academies, including standard guidelines.
(10) Other issues identified by the task force relating to
sexual harassment and violence at those academies.
(c) Methodology.--The task force shall consider the findings and
recommendations of previous reviews and investigations of sexual
harassment and violence conducted for those academies as one of the
bases for its assessment.
(d) Report.--(1) The task force shall submit to the Secretary of
Defense and the Secretaries of the Army and the Navy a report on the
activities of the task force and on the activities of the United States
Military Academy and the United States Naval Academy to respond to
sexual harassment and violence at those academies.
(2) The report shall include the following:
(A) Any barriers to implementation of improvements as a
result of those efforts.
(B) Other areas of concern not previously addressed in
prior reports.
(C) The findings and conclusions of the task force.
(D) Any recommendations for changes to policy and law as
the task force considers appropriate, including whether cases
of sexual assault at those academies should be included in the
Department of Defense database known as the Defense Incident-
Based Reporting System.
(3) Within 90 days of receipt of the report under paragraph (1) the
Secretary of Defense shall submit the report, together with the
Secretary's evaluation of the report, to the Committees on Armed
Services of the Senate and House of Representatives.
(e) Report on Air Force Academy.--Simultaneously with the
submission of the report under subsection (d)(3), the Secretary of
Defense, in coordination with the Secretary of the Air Force, shall
submit to the committees specified in that subsection the Secretary's
assessment of the effectiveness of corrective actions being taken at
the United States Air Force Academy as a result of various
investigations conducted at that Academy into matters involving sexual
assault and harassment.
(f) Composition.--(1) The task force shall consist of not more than
14 members, to be appointed by the Secretary of Defense. Members shall
be appointed from each of the Army, Navy, Air Force, and Marine Corps,
and shall include an equal number of personnel of the Department of
Defense (military and civilian) and persons from outside the Department
of Defense. Members appointed from outside the Department of Defense
may be appointed from other Federal departments and agencies, from
State and local agencies, or from the private sector.
(2) The Secretary shall ensure that the membership of the task
force appointed from the Department of Defense includes at least one
judge advocate.
(3) In appointing members to the task force, the Secretary may--
(A) consult with the Attorney General regarding a
representative from the Office of Violence Against Women of the
Department of Justice; and
(B) consult with the Secretary of Health and Human Services
regarding a representative from the Women's Health office of
the Department of Health and Human Services.
(4) Each member of the task force appointed from outside the
Department of Defense shall be an individual who has demonstrated
expertise in the area of sexual harassment and violence or shall be
appointed from one of the following:
(A) A representative from the Office of Civil Right in the
Department of Education.
(B) A representative from the Center for Disease Control.
(C) A sexual assault policy and advocacy organization.
(D) A civilian law enforcement agency.
(E) A judicial policy organization.
(F) A national crime victim policy organization.
(5) The members of the task force shall be appointed not later than
120 days after the date of the enactment of this Act.
(g) Co-Chairs of the Task Force.--There shall be two co-chairs of
the task force. One of the co-chairs shall be designated by the
Secretary of the Defense at the time of appointment from among the
Department of Defense personnel on the task force. The other co-chair
shall be selected from among the members appointed from outside the
Department of Defense by those members.
(h) Administrative Support.--(1) Each member of the task force who
is a member of the Armed Forces or a civilian officer or employee of
the United States shall serve without compensation (other than
compensation to which entitled as a member of the Armed Forces or an
officer or employee of the United States, as the case may be). Other
members of the task force shall be appointed in accordance with, and
subject to, section 3161 of title 5, United States Code.
(2) The Deputy Under Secretary of Defense for Personnel and
Readiness, under the direction of the Under Secretary of Defense for
Personnel and Readiness, shall provide oversight of the task force. The
Washington Headquarters Service of the Department of Defense shall
provide the task force with personnel, facilities, and other
administrative support as necessary for the performance of the task
force's duties.
(3) The Deputy Under Secretary shall coordinate with the Secretary
of the Army to provide visits of the task force to the United States
Military Academy and with the Secretary of the Navy to provide visits
of the task force to the United States Naval Academy.
(i) Termination.--The task force shall terminate 90 days after the
date on which the report of the task force is submitted to the
Committees on Armed Services of the Senate and House of Representatives
pursuant to subsection (d)(3).
Subtitle E--Administrative Matters
SEC. 541. ENHANCEMENTS TO HIGH-TEMPO PERSONNEL PROGRAM.
(a) Revisions to Deployment Limits and Authority To Authorize
Exemptions.--Subsection (a) of section 991 of title 10, United States
Code, is amended to read as follows:
``(a) Service and General or Flag Officer Responsibilities.--(1)
Subject to paragraph (3), the deployment (or potential deployment) of
members of the armed forces shall be managed to ensure that a 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 the high-deployment threshold.
``(2) In this subsection, the term `high-deployment threshold'
means--
``(A) 400 days; or
``(B) a lower number of days prescribed by the Secretary of
Defense.
``(3) A member may be deployed, or continued in a deployment,
without regard to paragraph (1) if the deployment, or continued
deployment, is approved by the Secretary of Defense. The authority of
the Secretary under the preceding sentence may only be delegated to--
``(A) a civilian officer of the Department of Defense
appointed by the President, by and with the advise and consent
of the Senate, or a member of the Senior Executive Service; or
``(B) a general or flag officer in that member's chain of
command (including an officer in the grade of colonel, or in
the case of the Navy, captain, serving an in a general or flag
officer position who has been selected for promotion to the
grade of brigadier general or rear admiral (lower half)).''.
(b) Changes From Per Diem to High-Deployment Allowance.--(1)
Subsection (a) of section 436 of title 37, United States Code, is
amended to read as follows:
``(a) Monthly Allowance.--The Secretary of the military department
concerned shall pay a high-deployment allowance to a member of the
armed forces under the Secretary's jurisdiction for each month during
which the member--
``(1) is deployed; and
``(2) at any time during that month--
``(A) has been deployed for 191 or more consecutive
days (or a lower number of consecutive days prescribed
by the Secretary of Defense);
``(B) has been deployed, out of the preceding 730
days, for a total of 401 or more days (or a lower
number of days prescribed by the Secretary of Defense);
or
``(C) in the case of a member of a reserve
component, is on active duty under a call or order to
active duty for a period of more than 30 days that is
the second (or later) such call or order to active duty
(whether voluntary or involuntary) for that member in
support of the same contingency operation.''.
(2) Subsection (c) of such section is amended to read as follows:
``(c) Rate.--The monthly rate of the allowance payable to a member
under this section shall be determined by the Secretary concerned, not
to exceed $1,000 per month.''.
(3) Such section is further amended--
(A) in subsection (d), by striking ``per diem'';
(B) in subsection (e), by striking ``per diem'' and
inserting ``allowance'';
(C) in subsection (f)--
(i) by striking ``per diem'' and inserting
``allowance''; and
(ii) by striking ``day on'' and inserting ``month
during''; and
(D) by adding at the end the following new subsection:
``(g) Authority to Exclude Certain Duty Assignments.--The Secretary
concerned may exclude members serving in specified duty assignments
from eligibility for the high-deployment allowance while serving in
those assignments. Any such specification of duty assignments may only
be made with the approval of the Secretary of Defense. Specification of
a particular duty assignment for purposes of this subsection may not be
implemented so as to apply to the member serving in that position at
the time of such specification.''.
(4)(A) The heading of such section is amended to read as follows:
``Sec. 436. Monthly high-deployment allowance for lengthy or numerous
deployments''.
(B) 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.''.
(c) Changes to Reporting Requirement.--Section 487(b)(5) of title
10, United States Code, is amended to read as follows:
``(5) For each of the armed forces, the description shall indicate,
for the period covered by the report--
``(A) the number of members who received the high-
deployment allowance under section 436 of title 37;
``(B) the number of members who received each rate of
allowance paid;
``(C) the number of members who received the allowance for
one month, for two months, for three months, for four months,
for five months, for six months, and for more than six months;
and
``(D) the total amount spent on the allowance.''.
SEC. 542. ENHANCED RETENTION OF ACCUMULATED LEAVE FOR HIGH-DEPLOYMENT
MEMBERS.
(a) Enhanced Authority to Retain Accumulated Leave.--Paragraph (1)
of section 701(f) of title 10, United States Code, is amended to read
as follows:
``(f)(1)(A) The Secretary concerned, under uniform regulations to
be prescribed by the Secretary of Defense, may authorize a member
described in subparagraph (B) who, except for this paragraph, would
lose any accumulated leave in excess of 60 days at the end of the
fiscal year, to retain an accumulated total of 120 days leave.
``(B) This subsection applies to a member who serves on active duty
for a continuous period of at least 120 days--
``(i) in an area in which the member is entitled to special
pay under section 310(a) of title 37; or
``(ii) while assigned to a deployable ship or mobile unit
or to other duty comparable to that specified in clause (i)
that is designated for the purpose of this subsection.
``(C) Except as provided in paragraph (2), Leave in excess of 60
days accumulated under this paragraph is lost unless it is used by the
member before the end of the third fiscal year after the fiscal year in
which the continuous period of service referred to in subparagraph (B)
terminated.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2003, or the date of the enactment of this
Act, whichever is later.
SEC. 543. STANDARDIZATION OF TIME-IN-SERVICE REQUIREMENTS FOR VOLUNTARY
RETIREMENT OF MEMBERS OF THE NAVY AND MARINE CORPS WITH
ARMY AND AIR FORCE REQUIREMENTS.
(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 title 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 ``who 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 shall prescribe the
date on which the amendments made by this section shall take effect.
The Secretary shall publish such date, when prescribed, in the Federal
Register.
SEC. 544. STANDARDIZATION OF STATUTORY AUTHORITIES FOR EXEMPTIONS FROM
REQUIREMENT FOR ACCESS TO SECONDARY SCHOOLS BY MILITARY
RECRUITERS.
(a) Consistency With Elementary and Secondary Education Act of
1965.--Paragraph (5) of section 503(c) of title 10, United States Code,
is amended by striking ``apply to--'' and all that follows through
``school which'' and inserting ``apply to a private secondary school
that''.
(b) Correction of Cross Reference.--Paragraph (6)(A)(i) of such
section is amended by striking ``14101'' and ``8801'' and inserting
``9101'' and ``7801'', respectively.
SEC. 545. PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR AWARD OF THE
PURPLE HEART MEDAL TO VETERANS HELD AS PRISONERS OF WAR
BEFORE APRIL 25, 1962.
Subsection (b) of section 521 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 309; 10 U.S.C.
1129 note) is amended to read as follows:
``(b) Standards and Procedures for Award.--In determining whether a
former prisoner of war is eligible for the award of the Purple Heart
under subsection (a), the Secretary concerned shall apply the following
procedures:
``(1) The standard to be used by the Secretary concerned
for awarding the Purple Heart under this section shall be to
award the Purple Heart in any case in which a prisoner of war
(A) was wounded while in captivity, or (B) while in captivity
was subjected to systematic and prolonged deprivation of food,
medical treatment, and other forms of deprivation or
mistreatment likely to have prolonged aftereffects on the
individual concerned.
``(2) When a former prisoner of war applies for the Purple
Heart under subsection (a), the Secretary concerned may request
the former prisoner of war to provide any documentation that
the Secretary would otherwise require, but failure of the
former prisoner of war to provide such documentation shall not
by itself be a disqualification for award of the Purple Heart.
``(3) The Secretary concerned shall inform the former
prisoner of war that historical information as to the prison
camp or other circumstances in which the former prisoner of war
was held captive and other information as to the circumstances
of the former prisoner of war's captivity may be considered by
the Secretary in evaluating the application for the award of
the Purple Heart and that the former prisoner of war may submit
such information.
``(4) The Secretary concerned shall provide assistance to
the applicant for the Purple Heart in obtaining information
referred to in paragraph (3).
``(5) The Secretary shall review a completed application
under this section based upon the totality of the evidence
presented and shall take into account the length of time
between the period during which the applicant was held as a
prisoner of war and the date of the application.
``(6) In considering an application under this section, the
Secretary shall take into account the length of time that the
applicant was held in captivity, which while not in itself
establishing entitlement of the applicant to award of the
Purple Heart, can and should be a factor in determining whether
a former prisoner of war was likely to have been wounded,
starved, or denied medical treatment to the extent likely to
have prolonged aftereffects on the individual concerned.''.
SEC. 546. AUTHORITY FOR RESERVE AND RETIRED REGULAR OFFICERS TO HOLD
STATE AND LOCAL ELECTIVE OFFICE NOTWITHSTANDING CALL TO
ACTIVE DUTY.
Section 973(b)(3) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following:
``(B) The prohibition in subparagraph (A) does not apply to the
functions of a civil office held by election, in the case of an officer
to whom this subsection applies by reason of subparagraph (B) or (C) of
paragraph (1).''.
SEC. 547. CLARIFICATION OF OFFENSE UNDER THE UNIFORM CODE OF MILITARY
JUSTICE RELATING TO DRUNKEN OR RECKLESS OPERATION OF A
VEHICLE, AIRCRAFT, OR VESSEL.
Section 991 of title 10, United States Code (article 111 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (a)(2) by striking ``in excess of'' and
inserting ``at, or in excess of,''; and
(2) in subsection (b)(4), by striking ``maximum
permissible'' and all that follows through the period at the
end and inserting ``amount of alcohol concentration in a
person's blood or breath at which operation or control of a
vehicle, aircraft, or vessel is prohibited.''.
SEC. 548. PUBLIC IDENTIFICATION OF CASUALTIES NO SOONER THAN 24 HOURS
AFTER NOTIFICATION OF NEXT-OF-KIN.
The Secretary of Defense may not publicly release the name or other
personally identifying information of any member of the Army, Navy, Air
Force, or Marine Corps who while on active duty or performing inactive
duty training is killed or injured, whose duty status becomes unknown,
or who is otherwise considered to be a casualty until a period of 24
hours has elapsed after the notification of the next-of-kin of such
member.
Subtitle F--Benefits
SEC. 551. ADDITIONAL CLASSES OF INDIVIDUALS ELIGIBLE TO PARTICIPATE IN
THE FEDERAL LONG-TERM CARE INSURANCE PROGRAM.
(a) Certain Employees of the District of Columbia Government.--
Section 9001(1) of title 5, United States Code, is amended by striking
``2105(c),'' and all that follows and inserting ``2105(c).''.
(b) Former Federal Employees Who Would Be Eligible To Begin
Receiving an Annuity Upon Attaining the Requisite Minimum Age.--Section
9001(2) of title 5, United States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) any former employee who, on the basis of his
or her service, would meet all requirements for being
considered an `annuitant' within the meaning of
subchapter III of chapter 83, chapter 84, or any other
retirement system for employees of the Government, but
for the fact that such former employee has not attained
the minimum age for title to annuity.''.
(c) Reservists Transferred to the Retired Reserve Who Are Under Age
60.--Section 9001(4) of title 5, United States Code, is amended by
striking ``including'' and all that follows through ``who has'' and
inserting ``and a member who has been transferred to the Retired
Reserve and who would be entitled to retired pay under chapter 1223 of
title 10 but for not having''.
SEC. 552. AUTHORITY TO TRANSPORT REMAINS OF RETIREES AND RETIREE
DEPENDENTS WHO DIE IN MILITARY TREATMENT FACILITIES
OUTSIDE THE UNITED STATES.
(a) Authorized Transportation.--Section 1490 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``located in the United
States''; and
(2) in subsection (b)(1), by striking ``outside the United
States or to a place''.
(b) Conforming Amendment.--Subsection (c) of such section is
amended to read as follows:
``(c) Definition of Dependent.--In this section, the term
`dependent' has the meaning given such term in section 1072(2) of this
title.''.
(c) Effective Date.--The amendments made by this section shall
apply only with respect to persons dying on or after the date of the
enactment of this Act.
SEC. 553. ELIGIBILITY FOR DEPENDENTS OF CERTAIN MOBILIZED RESERVISTS
STATIONED OVERSEAS TO ATTEND DEFENSE DEPENDENTS SCHOOLS
OVERSEAS.
(a) Tuition-Free Status Parity With Dependents of Other
Reservists.--Section 1404(c) of the Defense Dependents' Education Act
of 1978 (20 U.S.C. 923(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The Secretary shall include in the regulations prescribed
under this subsection a requirement that children in the class of
children described in subparagraph (B) shall be subject to the same
tuition requirements, or waiver of tuition requirements, as children in
the class of children described in subparagraph (C).
``(B) The class of children described in this subparagraph are
children of members of reserve components of the Armed Forces who--
``(i) are on active duty under an order to active duty
under section 12301 or 12302 of title 10, United States Code;
``(ii) were ordered to active duty from a location in the
United States (other than in Alaska or Hawaii); and
``(iii) are serving on active duty outside the United
States or in Alaska or Hawaii in a tour of duty that
(voluntarily or involuntarily) has been extended to a period in
excess of one year.
``(C) The class of children described in this subparagraph are
children of members of reserve components of the Armed Forces who--
``(i) are on active duty under an order to active duty
under section 12301 or 12302 of title 10, United States Code;
``(ii) were ordered to active duty from a location outside
the United States (or in Alaska or Hawaii); and
``(iii) are serving on active duty outside the United
States or in Alaska or Hawaii.''.
(b) Clerical Amendment.--The heading of such section is amended to
read as follows:
``space-available enrollment of students; tuition''.
(c) Implementation of Required New Regulations.--Regulations
required by paragraph (2) of section 1404(c) of the Defense Dependents'
Education Act of 1978 (20 U.S.C. 923(c)), as added by subsection (a),
shall be prescribed as soon as practicable after the date of the
enactment of this Act in order to provide the earliest opportunity for
dependents covered by that paragraph to enroll in Department of Defense
dependents' schools, and in no event later than the beginning of the
first school term beginning after the date of the enactment of this
Act.
Subtitle G--Other Matters
SEC. 561. EXTENSION OF REQUIREMENT FOR EXEMPLARY CONDUCT BY COMMANDING
OFFICERS AND OTHERS IN AUTHORITY TO INCLUDE CIVILIANS IN
AUTHORITY IN THE DEPARTMENT OF DEFENSE.
(a) In General.--(1) Chapter 50 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 992. Requirement of exemplary conduct: commanding officers and
others in authority
``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 all under their command or
charge.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``992. Requirement of exemplary conduct: commanding officers and others
in authority.''.
(b) Conforming Repeals.--Title 10, United States Code, is further
amended as follows:
(1) Section 3583, 5947, and 8583 are repealed.
(2)(A) The table of sections at the beginning of chapter
345 is amended by striking the item relating to section 3583.
(B) The table of sections at the beginning of chapter 551
is amended by striking the item relating to section 5947.
(C) The table of sections at the beginning of chapter 845
is amended by striking the item relating to section 8583.
SEC. 562. RECOGNITION OF MILITARY FAMILIES.
(a) Findings.--Congress makes the following findings:
(1) The families of both active and reserve component
military personnel, through their sacrifices and their
dedication to the Nation and its values, contribute
immeasurably to the readiness of the Nation's Armed Forces.
(2) Without the continued support of military families, the
Nation's ability to sustain a high quality all-volunteer
military force would be undermined.
(3) In these perilous and challenging times, with hundreds
of thousands of active and reserve military personnel deployed
overseas in places of combat and imminent danger, military
families are making extraordinary sacrifices and will be
required to do so for the foreseeable future.
(4) Beginning in 1997, military family service and support
centers have received materials from private, non-profit
organizational sources which are designed to encourage and
assist those centers in conducting activities to celebrate the
American military family during the Thanksgiving period each
November.
(b) Military Family Recognition.-- In view of the findings in
subsection (a), Congress determines that it is appropriate that special
measures be taken annually to recognize and honor the American military
family.
(c) Department of Defense Programs and Activities.--The Secretary
of Defense shall--
(1) implement and sustain programs, including appropriate
ceremonies and activities, to celebrate the contributions and
sacrifices of the American military family, including both
families of both active and reserve component military
personnel;
(2) focus the celebration of the American military family
during a specific period of each year to give full and proper
highlight to those families; and
(3) seek the assistance and support of appropriate civilian
organizations, associations, and other entities in carrying out
not only the annual celebration of the American military
family, but also in sustaining longer-term efforts.
SEC. 563. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
2004.--Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$35,000,000 shall be available only for the purpose of providing
educational agencies assistance to local educational agencies.
(b) Notification.--Not later than June 30, 2004, the Secretary of
Defense shall notify each local educational agency that is eligible for
educational agencies assistance for fiscal year 2004 of--
(1) that agency's eligibility for the assistance; and
(2) the amount of the assistance for which that agency is
eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under subsection (a) not later than 30 days after
the date on which notification to the eligible local educational
agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 564. PERMANENT AUTHORITY FOR SUPPORT FOR CERTAIN CHAPLAIN-LED
MILITARY FAMILY SUPPORT PROGRAMS.
(a) In General.--(1) Chapter 88 of title 10, United States Code, is
amended by inserting at the end of subchapter I the following new
section:
``Sec. 1789. Chaplain-led programs: authorized support
``(a) Authority.--The Secretary of a military department may
provide support services described in subsection (b) to support
chaplain-led programs to assist members of the armed forces on active
duty and their immediate family members, and members of reserve
components in an active status and their immediate family members, in
building and maintaining a strong family structure.
``(b) Authorized Support Services.--The support services referred
to in subsection (a) are costs of transportation, food, lodging, child
care, supplies, fees, and training materials for members of the armed
forces and their family members while participating in programs
referred to in that subsection, including participation at retreats and
conferences.
``(c) Immediate Family Members.--In this section, the term
`immediate family members', with respect to a member of the armed
forces, means--
``(1) the member's spouse; and
``(2) any child (as defined in section 1072(6) of this
title) of the member who is described in subparagraph (D) of
section 1072(2) of this title.''.
(2) The table of sections at the beginning of such subchapter is
amended by inserting after the item relating to section 1788 the
following new item:
``1789. Chaplain-led programs: authorized support.''.
(b) Effective Date.--Section 1789 of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 2003.
SEC. 565. DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS JOINT
EXECUTIVE COMMITTEE.
(a) Establishment of Joint Committee.--(1) Chapter 3 of title 38,
United States Code, is amended by adding at the end the following new
section:
``Sec. 320. Department of Veterans Affairs-Department of Defense Joint
Executive Committee
``(a) Joint Executive Committee.--(1) There is established an
interagency committee to be known as the Department of Veterans
Affairs-Department of Defense Joint Executive Committee (hereinafter in
this section referred to as the `Committee').
``(2) The Committee is composed of--
``(A) the Deputy Secretary of Veterans Affairs and such
other officers and employees of the Department of Veterans
Affairs as the Secretary of Veterans Affairs may designate; and
``(B) the Under Secretary of Defense for Personnel and
Readiness and such other officers and employees of the
Department of Defense as the Secretary of Defense may
designate.
``(b) Administrative Matters.--(1) The Deputy Secretary of Veterans
Affairs and the Under Secretary of Defense shall determine the size and
structure of the Committee, as well as the administrative and
procedural guidelines for the operation of the Committee.
``(2) The two Departments shall supply appropriate staff and
resources to provide administrative support and services. Support for
such purposes shall be provided at a level sufficient for the efficient
operation of the Committee, including a subordinate Health Executive
Committee, a subordinate Benefits Executive Committee, and such other
committees or working groups as considered necessary by the Deputy
Secretary and Under Secretary.
``(c) Recommendations.--(1) The Committee shall recommend to the
Secretaries strategic direction for the joint coordination and sharing
efforts between and within the two Departments under section 8111 of
this title and shall oversee implementation of those efforts.
``(2) The Committee shall submit to the two Secretaries and to
Congress an annual report containing such recommendations as the
Committee considers appropriate.
``(d) Functions.--In order to enable the Committee to make
recommendations in its annual report under subsection (c)(2), the
Committee shall do the following:
``(1) Review existing policies, procedures, and practices
relating to the coordination and sharing of resources between
the two Departments.
``(2) Identify changes in policies, procedures, and
practices that, in the judgment of the Committee, would promote
mutually beneficial coordination, use, or exchange of use of
services and resources of the two Departments, with the goal of
improving the quality, efficiency and effectiveness of the
delivery of benefits and services to veterans, service members,
military retirees and their families through an enhanced
Department of Veterans Affairs and Department of Defense
partnership.
``(3) Identify and assess further opportunities for the
coordination and collaboration between the Departments that, in
the judgment of the Committee, would not adversely affect the
range of services, the quality of care, or the established
priorities for benefits provided by either Department.
``(4) Review the plans of both Departments for the
acquisition of additional resources, especially new facilities
and major equipment and technology, in order to assess the
potential effect of such plans on further opportunities for the
coordination and sharing of resources.
``(5) Review the implementation of activities designed to
promote the coordination and sharing of resources between the
Departments.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``320. Department of Veterans Affairs-Department of Defense Joint
Executive Committee.''.
(b) Conforming Amendments.--(1) Subsection (c) of section 8111 of
such title is repealed.
(2) Such section is further amended--
(A) in subsection (b)(2), by striking ``subsection (c)''
and inserting ``section 320 of this title'';
(B) in subsection (d)(1), by striking ``Committee
established in subsection (c)'' and inserting ``Department of
Veterans Affairs-Department of Defense Joint Executive
Committee'';
(C) in subsection (e)(1), by striking ``Committee under
subsection (c)(2)'' and inserting ``Department of Veterans
Affairs-Department of Defense Joint Executive Committee with
respect to health care resources''; and
(D) in subsection (f)(2), by striking subparagraphs (B) and
(C) and inserting the following:
``(B) The assessment of further opportunities identified by
the Department of Veterans Affairs-Department of Defense Joint
Executive Committee under subsection (d)(3) of section 320 of
this title for the sharing of health-care resources between the
two Departments.
``(C) Any recommendation made by that committee under
subsection (c)(2) of that section during that fiscal year.''.
(c) Technical Amendments.--Subsection (f) of such section is
further amended by inserting ``(Public Law 107-314)'' in paragraphs
(3), (4)(A), (4)(B), and (5) after ``for Fiscal Year 2003''.
(d) Effective Date.--(1) If this Act is enacted before October 1,
2003--
(A) section 320 of title 38, United States Code, as added
by subsection (a), shall take effect on October 1, 2003; and
(B) the amendments made by subsections (b) and (c) shall
take effect on October 1, 2003, immediately after the amendment
made by section 721(a)(1) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
2589).
(2) If this Act is enacted on or after October 1, 2003, the
amendments made by this section shall take effect on the date of the
enactment of this Act.
SEC. 566. LIMITATION ON AVIATION FORCE STRUCTURE CHANGES IN THE
DEPARTMENT OF THE NAVY.
(a) Limitation.--The Secretary of the Navy shall ensure that no
reductions are made in the active and reserve force structure of the
Navy and Marine Corps for fixed- and rotary-wing aircraft until 90 days
have elapsed after the date as of which both of the reports required by
subsections (b) and (c) have been received by the committees named in
those subsections.
(b) Naval Aviation Force Structure Plan.--The Secretary of the Navy
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a detailed
report on the changes to the active and reserve aviation force
structure in the Department of the Navy that are proposed for fiscal
years 2004 through 2009. The report shall include the following:
(1) The numbers of aircraft and helicopter force structure
planned for retirement.
(2) The amounts of planned budget authority to be saved,
shown by year and by appropriation, compared to the May 1,
2003, force structure.
(3) An assessment by the Chief of Naval Operations
comparing the future force structure plan with capabilities of
the Department of the Navy's aviation force structure on May 1,
2003.
(4) A risk assessment of the planned force structure to
carry out the National Security Strategy of the United States,
dated September 2002.
(5) A risk assessment of the planned force based on the
assumptions applied in the September 30, 2001, Quadrennial
Defense Review Report.
(c) Active and Reserve Component Integration Plan.--The Secretary
of the Navy shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a concept of operations for increasing the integration
and use of Naval Reserve surface, aviation, and other units and
personnel with active component forces in carrying out operational
missions across the peacetime and wartime spectrum of naval operations
during the period of 2004 through 2009.
SEC. 567. IMPACT AID ELIGIBILITY FOR HEAVILY IMPACTED LOCAL EDUCATIONAL
AGENCIES AFFECTED BY PRIVITIZATION OF MILITARY HOUSING.
Section 8003(b)(2)(H) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7703(b)(2)(H)) is amended by striking clauses (i)
and (ii) and inserting the following:
``(i) Eligibility.--For any fiscal year
beginning with fiscal 2003, a heavily impacted
local educational agency that received a basic
support payment under paragraph (b)(2) for the
prior fiscal year, but is ineligible for such
payment for the current fiscal year under
subparagraph (B), (C), (D), or (E), as the case
may be, by reason of the conversion of military
housing units to private housing described in
clause (iii), shall be deemed to meet the
eligibility requirements under subparagraph (B)
or (C), as the case may be for the period
during which the housing units are undergoing
such conversion.
``(ii) Amount of payment.--The amount of a
payment to a heavily impacted local educational
agency for a fiscal year by reason of the
application of clause (i), and calculated in
accordance with subparagraph (D) or (E), as the
case may be, shall be based on the number of
children in average daily attendance in the
schools of such agency for the fiscal year and
under the same provisions of subparagraph (D)
or (E) under which the agency was paid during
the prior fiscal year.''.
SEC. 568. INVESTIGATION INTO THE 1991 DEATH OF MARINE CORPS COLONEL
JAMES E. SABOW.
(a) Investigation Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall commence a
new investigation into the death of Colonel James S. Sabow, United
States Marine Corps, who died on January 22, 1991, at the Marine Corps
Air Station, El Toro, California.
(b) Focus of Investigation.--The principal focus of the
investigation under subsection (a) shall be to determine the cause of
Colonel Sabow's death, given the medical and forensic factors
associated with that death.
(c) Review by Outside Experts.--The Secretary of Defense shall
provide that the evidence concerning the cause of Colonel Sabow's death
and the medical and forensic factors associated with his death shall be
reviewed by medical and forensic experts outside the Department of
Defense.
(d) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a written report on the
findings of the investigation under subsection (a). The Secretary shall
include in the report (1) the Secretary's conclusions as a result of
the investigation, including the Secretary's conclusions regarding the
cause of death of Colonel Sabow, and (2) the conclusions of the experts
reviewing the matter under subsection (c).
Subtitle H--Domestic Violence
SEC. 571. TRAVEL AND TRANSPORTATION FOR DEPENDENTS RELOCATING FOR
REASONS OF PERSONAL SAFETY.
Section 406(h) of title 37, United States Code, is amended by
adding at the end the following new paragraph:
``(4)(A) The Secretary concerned shall provide to the dependents of
a member the travel and transportation allowances described in
paragraphs (1) and (3) in a case in which--
``(i) a commander has substantiated that the member has
committed dependent abuse, as defined in section 1059(c) of
title 10;
``(ii) a safety plan and counseling have been provided;
``(iii) there has been a determination that the victim's
safety is at stake and that relocation is the best course of
action; and
``(iv) the abused dependent, or parent of the abused
dependent if the abused dependent is a child, requests
relocation.
``(B) In the case of allowances paid under subparagraph (A), any
monetary allowances shall accrue to the dependents in lieu of the
member and may be paid to the dependents.
``(C) Shipment of the dependent's baggage and household effects,
and of any motor vehicle, may not be provided until there is a property
division established by written agreement with the member or by order
of a court of competent jurisdiction.''.
SEC. 572. COMMENCEMENT AND DURATION OF PAYMENT OF TRANSITIONAL
COMPENSATION.
(a) Commencement.--Paragraph (1)(A) of section 1059(e) of title 10,
United States Code, is amended by striking ``shall commence'' and all
that follows and inserting ``shall commence--
``(i) as of the date the court martial sentence is
adjudged if the sentence, as adjudged, includes a
dismissal, dishonorable discharge, bad conduct
discharge, or forfeiture of all pay and allowances; or
``(ii) if there is a pretrial agreement that
includes disapproval or suspension of the dismissal,
dishonorable discharge, bad conduct discharge, or
forfeiture of all pay and allowances, as of the date of
the approval of the court-martial sentence by the
person acting under section 860(c) of this title
(article 60(c) of the Uniform Code of Military Justice)
if the sentence, as approved, includes an unsuspended
dismissal, dishonorable discharge, bad conduct
discharge, or forfeiture of all pay and allowances;''.
(b) Duration.--Paragraph (2) of such section is amended by striking
``, except that'' and all that follows through ``12 months''.
(c) Termination.--Paragraph (3)(A) of such section is amended by
striking ``punishment applicable to the member under the sentence is
remitted, set aside, or mitigated'' and inserting ``conviction is
disapproved by the person acting under section 860(c) of this title
(article 60(c) of the Uniform Code of Military Justice) or set aside,
or each such punishment applicable to the member under the sentence is
disapproved by the person acting under section 860(c) of this title,
remitted, set aside, suspended, or mitigated''.
SEC. 573. FLEXIBILITY IN ELIGIBILITY FOR TRANSITIONAL COMPENSATION.
(a) Authority.--Section 1059 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(m) Additional Eligibility.--The Secretary concerned, under
regulations prescribed under subsection (k), may authorize eligibility
for benefits under this section to dependents of a member or former
member of the armed forces not covered by subsection (b) if the
Secretary concerned determines that there are extenuating circumstances
such that granting benefits under this section is consistent with the
intent of this section.''.
(b) Effective Date.--The authority under subsection (m) of section
1059 of title 10, United States Code, as added by subsection (a), may
only be exercised with respect to eligibility for benefits under such
section by reason of conduct on or after the date of the enactment of
this Act.
SEC. 574. TYPES OF ADMINISTRATIVE SEPARATIONS TRIGGERING COVERAGE.
Section 1059(b)(2) of title 10, United States Code, is amended by
inserting ``, voluntarily or involuntarily,'' after ``administratively
separated''.
SEC. 575. ON-GOING REVIEW GROUP.
Not later than two years after the date of the enactment of this
Act, the Secretary of Defense shall convene a working group of not less
than 12 members, composed in the same manner as the Defense Task Force
on Domestic Violence established pursuant to section 591 of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65). The purpose of the working group shall be to review and assess
the progress of the Department of Defense in implementation of the
recommendations of the Defense Task Force on Domestic Violence. In
reviewing the status of the Department's efforts, the group should
specifically focus on the Department's efforts to ensure
confidentiality for victims and accountability and education of
commanding officers and chaplains.
SEC. 576. RESOURCES FOR DEPARTMENT OF DEFENSE IMPLEMENTATION
ORGANIZATION.
The Secretary of Defense shall ensure that necessary resources,
including personnel, facilities, and other administrative support, are
provided to the organization within the Office of the Secretary of
Defense with direct responsibility for oversight of implementation by
the military departments of recommendations of the Task Force in order
for that organization to carry out its duties and responsibilities.
SEC. 577. FATALITY REVIEWS.
(a) Review of Fatalities.--The Secretary of Defense shall conduct a
multidisciplinary, impartial review (referred to as a ``fatality
review'') in the case of each fatality known or suspected to have
resulted from domestic violence or child abuse against--
(1) a member of the Armed Forces;
(2) a current or former dependent of a member of the Armed
Forces; or
(3) a current or former intimate partner who has a child in
common or has shared a common domicile with a member of the
Armed Forces.
(b) Matters to be Included.--The report of a fatality review under
subsection (a) shall, at a minimum, include the following:
(1) An executive summary.
(2) Data setting forth victim demographics, injuries,
autopsy findings, homicide or suicide methods, weapons, police
information, assailant demographics, and household and family
information.
(3) Legal disposition.
(4) System intervention and failures within the Department
of Defense.
(5) A discussion of significant findings.
(6) Recommendations for systemic changes within the
Department of Defense.
SEC. 578. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Secretary of Defense should adopt the strategic
plan proposed by the Defense Task Force on Domestic Violence in
its Third Year Report, as required by section 591(a) of the
Department of Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65); and
(2) the Secretary of each military department should
establish and support a Victim Advocate Protocol and provide
for nondisclosure to ensure confidentiality for victims who
come forward to receive advocacy, support, information, and
resources, as recommended by the Defense Task Force on Domestic
Violence.
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\........... 1,173.90 1,173.90 1,173.90 1,173.90 1,173.90
------------------------------------------------------
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 Other Members of Uniformed
Services.--Effective on January 1, 2004, the rates of monthly basic pay
for members of the National Oceanic and Atmospheric Administration and
the Public Health Service are increased by 2 percent.
(d) Definitions.--In this section, the terms ``armed forces'' and
``uniformed services'' have the meanings given such terms in section
101 of title 37, United States Code.
SEC. 602. COMPUTATION OF BASIC PAY RATE FOR COMMISSIONED OFFICERS WITH
PRIOR ENLISTED OR WARRANT OFFICER SERVICE.
Section 203(d)(2) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``enlisted member,''
and all that follows through the period and inserting
``enlisted member.''; and
(2) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Service as a warrant officer, as an enlisted member,
or as a warrant officer and an enlisted member, for which at
least 1,460 points have been credited to the officer for the
purposes of section 12732(a)(2) of title 10.''.
SEC. 603. SPECIAL SUBSISTENCE ALLOWANCE AUTHORITIES FOR MEMBERS
ASSIGNED TO HIGH-COST DUTY LOCATION OR UNDER OTHER UNIQUE
AND UNUSUAL CIRCUMSTANCES.
(a) In General.--Section 402 of title 37, United States Code, is
amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Special Rule for High-Cost Duty Locations and Other Unique
and Unusual Circumstances.--The Secretary of Defense may authorize a
member of the armed forces who is assigned to duty in a high-cost duty
location or under other unique and unusual circumstances, but is not
entitled to the meals portion of the per diem in connection with that
duty, to receive any or all of the following:
``(1) Meals at no cost to the member, regardless of the
entitlement of the member to a basic allowance for subsistence
under subsection (a).
``(2) A basic allowance for subsistence at the standard
rate, regardless of the entitlement of the member for all meals
or select meals during the duty day.
``(3) A supplemental subsistence allowance at a rate higher
than the basic allowance for subsistence rates in effect under
this section, regardless of the entitlement of the member for
all meals or select meals during the duty day.''.
(b) Retroactive and Prospective Application.--Subsection (f) of
section 402 of title 37, United States Code, as added by subsection
(a), shall apply with respect to members of the Armed Forces assigned
to duty in a high-cost duty location or under other unique and unusual
circumstances, as determined pursuant to regulations prescribed
pursuant to subsection (c), after September 11, 2001.
(c) Regulations; Time Limits.--Final regulations to carry out
subsection (f) of section 402 of title 37, United States Code, as added
by subsection (a), shall be prescribed not later than 180 days after
the date of the enactment of this Act. The regulations shall provide a
method by which a member of the Armed Forces covered by such subsection
(f) may obtain reimbursement for subsistence expenses incurred by the
member during the period beginning on September 11, 2001, and ending on
the date the regulations take effect.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking ``December 31, 2003''
and inserting ``December 31, 2004''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title is amended by striking ``December 31, 2003'' and inserting
``December 31, 2004''.
(c) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2003'' and inserting ``December 31, 2004''.
(d) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2003'' and inserting
``December 31, 2004''.
(e) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(f) Prior Service Enlistment Bonus.--Section 308i(f) of such title
is amended by striking ``December 31, 2003'' and inserting ``December
31, 2004''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2003'' and inserting ``December 31, 2004''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``January 1, 2004'' and inserting ``January 1,
2005''.
(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2003'' and inserting ``December 31, 2004''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2003''
and inserting ``December 31, 2004''.
(e) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section 302g(f) of such title is
amended by striking ``December 31, 2003'' and inserting ``December 31,
2004''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title is amended by striking ``December 31, 2003'' and inserting
``December 31, 2004''.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking ``December 31, 2003'' and inserting ``December 31,
2004''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2003'' and inserting ``December
31, 2004''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2003'' and inserting
``December 31, 2004''.
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2003'' and inserting
``December 31, 2004''.
(c) Enlistment Bonus for Active Members.--Section 309(e) of such
title is amended by striking ``December 31, 2003'' and inserting
``December 31, 2004''.
(d) Retention Bonus for Members With Critical Military Skills.--
Section 323(i) of such title is amended by striking ``December 31,
2003'' and inserting ``December 31, 2004''.
(e) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
SEC. 615. COMPUTATION OF HAZARDOUS DUTY INCENTIVE PAY FOR DEMOLITION
DUTY AND PARACHUTE JUMPING BY MEMBERS OF RESERVE
COMPONENTS ENTITLED TO COMPENSATION UNDER SECTION 206 OF
TITLE 37.
(a) In General.--Section 301(f) of title 37, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Notwithstanding paragraphs (1) or (2), if a member described
in paragraph (1) performs the duty described in clauses (3) or (4) of
subsection (a) in any month, the member shall be entitled for that
month to the full amount specified in the first sentence of subsection
(c)(1), in the case of the duty described in clause (4) of subsection
(a) or parachute jumping involving the use of a static line, or the
full amount specified in the second sentence of subsection (c)(1), in
the case of parachute jumping in military free fall operations.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect October 1, 2003.
SEC. 616. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER PAY FOR
RESERVE COMPONENT MEMBERS ON INACTIVE DUTY.
(a) Expansion and Clarification of Current Law.--Section 310 of
title 37, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by striking subsection (a) and inserting the following
new subsections:
``(a) Eligibility and Special Pay Amount.--Under regulations
prescribed by the Secretary of Defense, a member of a uniformed service
may be paid special pay at the rate of $150 for any month in which--
``(1) the member was entitled to basic pay or compensation
under section 204 or 206 of this title; and
``(2) the member--
``(A) was subject to hostile fire or explosion of
hostile mines;
``(B) was on duty in an area in which the member
was in imminent danger of being exposed to hostile fire
or explosion of hostile mines and in which, during the
period the member was on duty in the area, other
members of the uniformed services were subject to
hostile fire or explosion of hostile mines;
``(C) was killed, injured, or wounded by hostile
fire, explosion of a hostile mine, or any other hostile
action; or
``(D) was on duty in a foreign area in which the
member was subject to the threat of physical harm or
imminent danger on the basis of civil insurrection,
civil war, terrorism, or wartime conditions.
``(b) Continuation During Hospitalization.--A member covered by
subsection (a)(2)(C) who is hospitalized for the treatment of the
injury or wound may be paid special pay under this section for not more
than three additional months during which the member is so
hospitalized.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (c), as redesignated by subsection
(a)(1), by inserting ``Limitations and Administration.--''
before ``(1)''; and
(2) in subsection (d), as redesignated by subsection
(a)(1), by inserting ``Determinations of Fact.--'' before
``Any''.
SEC. 617. EXPANSION OF OVERSEAS TOUR EXTENSION INCENTIVE PROGRAM TO
OFFICERS.
(a) Special Pay or Bonus for Extending Overseas Tour of Duty.--(1)
Subsections (a) and (b) of section 314 of title 37, United States Code,
are amended by striking ``an enlisted member'' and inserting ``a
member''.
(2)(A) The heading of such section is amended to read as follows:
``Sec. 314. Special pay or bonus: qualified members extending duty at
designated locations overseas''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 5 of such title is amended to read as follows:
``314. Special pay or bonus: qualified members extending duty at
designated locations overseas.''.
(b) Rest and Recuperative Absence in Lieu of Pay or Bonus.--(1)
Subsection (a) of section 705 of title 10, United States Code, is
amended by striking ``an enlisted member'' and inserting ``a member''.
(2) The heading of such section, and the item relating to such
section in the table of sections at the beginning of chapter 40 of such
title, are each amended by striking the sixth word.
SEC. 618. ELIGIBILITY OF APPOINTED WARRANT OFFICERS FOR ACCESSION BONUS
FOR NEW OFFICERS IN CRITICAL SKILLS.
Section 324 of title 37, United States Code, is amended in
subsections (a) and (f)(1) by inserting ``or an appointment'' after
``commission''.
SEC. 619. INCENTIVE PAY FOR DUTY ON GROUND IN ANTARCTICA OR ON ARCTIC
ICEPACK.
(a) In General.--(1) Chapter 5 of title 37, United States Code, is
amended by inserting after section 301e the following new section:
``Sec. 301f. Incentive pay: duty on ground in Antarctica or on Arctic
icepack
``(a) Availability of Incentive Pay.--A member of the uniformed
services who performs duty at a location described in subsection (b) is
entitled to special pay under this section at a rate of $5 for each day
of that duty.
``(b) Covered Locations.--Subsection (a) applies with respect to
duty performed on the ground in Antarctica or on the Arctic icepack.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 301e the
following new item:
``301f. Incentive pay: duty on ground in Antarctica or on Arctic
icepack.''.
(b) Effective Date.--Section 301f of title 37, United States Code,
as added by subsection (a), shall take effect on October 1, 2003.
SEC. 620. SPECIAL PAY FOR SERVICE AS MEMBER OF WEAPONS OF MASS
DESTRUCTION CIVIL SUPPORT TEAM.
(a) In General.--(1) Chapter 5 of title 37, United States Code, is
amended by inserting after section 305a the following new section:
``Sec. 305b. Special pay: service as member of Weapons of Mass
Destruction Civil Support Team
``(a) Availability of Special Pay.--The Secretary of a military
department may pay special pay under this section to a member of the
armed forces under the jurisdiction of that Secretary who is entitled
to basic pay under section 204 and is assigned by orders to duty as a
member of a Weapons of Mass Destruction Civil Support Team.
``(b) Monthly Rate.--Special pay payable under subsection (a) shall
be paid at a rate equal to $150 a month.
``(c) Eligibility of Reserve Component Members When Performing
Inactive Duty Training.--Under regulations prescribed by the Secretary
concerned and to the extent provided for in appropriation Acts, when a
member of a reserve component of the armed forces who is entitled to
compensation under section 206 of this title performs duty under orders
as a member of a Weapons of Mass Destruction Civil Support Team, the
member may be paid an increase in compensation equal to \1/30\ of the
monthly special pay specified in subsection (b) for each day on which
the member performs such duty.
``(d) Definition.--In this section, the term `Weapons of Mass
Destruction Civil Support Team' means a team of members of the reserve
components of the armed forces that is established under section
12310(c) of title 10 in support of emergency preparedness programs to
prepare for or to respond to any emergency involving the use of a
weapon of mass destruction.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 305a the
following new item:
``305b. Special pay: service as member of Weapons of Mass Destruction
Civil Support Team.''.
(b) Effective Date.--Section 305b of title 37, United States Code,
as added by subsection (a), shall take effect on October 1, 2003.
SEC. 621. INCENTIVE BONUS FOR AGREEMENT TO SERVE IN CRITICALLY SHORT
MILITARY OCCUPATIONAL SPECIALTY.
(a) In General.--Chapter 5 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 326. Incentive bonus: lateral conversion bonus for service in
critically short military occupational speciality
``(a) Incentive Bonus Authorized.--The Secretary concerned may pay
a bonus under this section to a member of the armed forces who executes
a written agreement to convert to, and serve for a period of not less
than two years in, a critically short military occupational specialty.
``(b) Eligible Members.--A bonus may only be paid under this
section only to a member who--
``(1) is entitled to basic pay; and
``(2) is serving in pay grade E-6 (with less than 10 years
of service computed under section 205 of this title) or pay
grade E-5 or below (regardless of years of service) at the time
the agreement under subsection (a) is executed.
``(c) Amount and Payment of Bonus.--(1) A bonus under this section
may not exceed $4,000.
``(2) A bonus payable under this section shall be disbursed in one
lump sum payment when the member's conversion to the critically short
military occupational specialty is approved by the personnel chief of
the member's armed force.
``(d) Relationship to Other Pay and Allowances.--A bonus paid to a
member under this section is in addition to any other pay and
allowances to which the member is entitled.
``(e) Repayment of Bonus.--(1) A member who receives a bonus under
this section and who, voluntarily or because of misconduct, fails to
serve in the critically short military occupational specialty for the
period specified in the agreement shall refund to the United States an
amount that bears the same ratio to the bonus amount paid to the member
as the unserved part of such period bears to the total period agreed to
be served.
``(2) An obligation to reimburse the United States imposed under
paragraph (1) is, for all purposes, a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of the agreement for which a
bonus was paid under this section shall not discharge the person
signing such agreement from the debt arising under paragraph (1).
``(4) Under regulations prescribed pursuant to subsection (f), the
Secretary concerned may waive, in whole in part, a refund required
under paragraph (1) if the Secretary determines that recovery would be
against equity and good conscience or would be contrary to the best
interests of the United States.
``(f) Regulations.--The Secretaries concerned shall prescribe
regulations to carry out this section. Regulations prescribed by the
Secretary of a military department shall be subject to the approval of
the Secretary of Defense.
``(g) Definition.--In this section, the term `critically short
military occupational specialty' means a military occupational
specialty, military rating, or other military speciality designated by
the Secretary concerned as undermanned for purposes of this section.
``(h) Termination of Authority.--No agreement under this section
may be entered into after December 31, 2004.''.
(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 service in
critically short military occupational
speciality.''.
SEC. 622. INCREASE IN RATE FOR IMMINENT DANGER PAY AND FAMILY
SEPARATION ALLOWANCE RELATED TO SERVICE IN OPERATION
IRAQI FREEDOM OR OPERATION ENDURING FREEDOM.
(a) Special Payment Rates.--Effective October 1, 2003, in the case
of a member of the uniformed services who serves, for any period of
time during a month, in a combat zone designated for Operation Iraqi
Freedom or Operation Enduring Freedom, the monthly rate for imminent
danger pay under section 310 of title 37, United States Code, shall be
deemed to be $225 and the monthly rate for the family separation
allowance under section 427 of such title shall be deemed to be $250.
(b) Duration.--The special rates for imminent danger pay and the
family separation allowance in effect under subsection (a) for an
operation referred to in such subsection expire on the date the
President terminates the operation.
SEC. 623. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER PAY FOR
RESERVE COMPONENT MEMBERS SERVING IN RESPONSE TO CERTAIN
DOMESTIC TERRORIST ATTACKS.
(a) Availability of Special Pay.--Subsection (a)(2) of section 310
of title 37, United States Code, as amended by section 616 of this Act,
is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) was on duty as a first responder, or as a member
assigned to accompany or protect first responders, to a
terrorist attack on the United States regarding which there is
an immediate threat of physical harm or imminent danger as a
result of direct or residual effects of the attack or potential
secondary attacks; or''.
(b) First Responder Defined.--Such section is further amended by
adding at the end the following new subsection:
``(e) First Responder Defined.--In this section, the term `first
responder' means a member of the uniformed services who, as part of the
member's assigned duties, is expected to arrive at the site of a
terrorist attack within 12 hours after the attack.''.
Subtitle C--Travel and Transportation Allowances
SEC. 631. SHIPMENT OF PRIVATELY OWNED MOTOR VEHICLE WITHIN CONTINENTAL
UNITED STATES.
(a) Authority to Procure Contract for Transportation of Motor
Vehicle.--Section 2634 of title 10, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) In the case of a change of permanent station described in
subparagraph (A) or (B) of subsection (i)(1), the Secretary concerned
may authorize the member to arrange for the shipment of the motor
vehicle in lieu of transportation at the expense of the United States
under this section. The Secretary concerned may pay the member a
monetary allowance in lieu of transportation, as established under
section 404(d)(1) of title 37, and the member shall be responsible for
any transportation costs in excess of such allowance.''.
(b) Allowance for Self-Procurement of Transportation of Motor
Vehicle.--Section 406(b)(1)(B) of title 37, United States Code, is
amended by adding at the end the following new sentence: ``In the case
of the transportation of a motor vehicle arranged by the member under
section 2634(h) of title 10, the Secretary concerned may pay the
member, upon proof of shipment, a monetary allowance in lieu of
transportation, as established under section 404(d)(1) of this
title.''.
SEC. 632. PAYMENT OR REIMBURSEMENT OF STUDENT BAGGAGE STORAGE COSTS FOR
DEPENDENT CHILDREN OF MEMBERS STATIONED OVERSEAS.
Section 430(b)(2) of title 37, United States Code, is amended in
the first sentence by inserting before the period at the end the
following: ``or during a different period in the same fiscal year
selected by the member''.
SEC. 633. REIMBURSEMENT FOR LODGING EXPENSES OF CERTAIN RESERVE
COMPONENT AND RETIRED MEMBERS DURING AUTHORIZED LEAVE
FROM TEMPORARY DUTY LOCATION.
(a) Reimbursement Authorized.--The Secretary concerned (as defined
in section 101 of title 37, United States Code) may reimburse a member
of the Armed Forces described in subsection (b) for lodging expenses
incurred by the member at the member's duty location while the member
is in an authorized leave status.
(b) Covered Members.--Subsection (a) applies with respect to a
member of a reserve component who is called or ordered to active duty
for a period of more than 30 days, or a retired member who is ordered
to active duty under section 688(a) of title 10, United States Code, if
the member--
(1) immediately before taking authorized leave was
performing duty at a location away from the member's home;
(2) was receiving a per diem allowance under section
404(a)(4) of title 37, United States Code, to cover lodging and
subsistence expenses incurred at the duty location because
quarters of the United States were not available for assignment
to the member at that location; and
(3) immediately after completing the authorized leave,
returned to the duty location.
(c) Amount of Reimbursement.--The amount of the reimbursement
provided to a member under subsection (a) may not exceed the lesser
of--
(1) the actual daily cost of lodging incurred by the member
at the duty location while the member was in an authorized
leave status; and
(2) the lodging portion of the applicable daily per diem
rate for that duty location.
(d) Retroactive Application.--This section applies with respect to
members of the reserve components described in subsection (b) who,
since September 11, 2001, were or are called or ordered to active duty
for a period of more than 30 days and retired members described in such
subsection who, since that date, were or are ordered to active duty
under section 688(a) of title 10, United States Code.
Subtitle D--Retired Pay and Survivors Benefits
SEC. 641. FUNDING FOR SPECIAL COMPENSATION AUTHORITIES FOR DEPARTMENT
OF DEFENSE RETIREES.
(a) Source of Payments.--
(1) Section 1413(g) of title 10, United States Code, is
amended--
(A) by inserting before ``Payments under'' the
following new sentence: ``Payments under this section
for a member of the Army, Navy, Air Force, or Marine
Corps shall be paid from the Department of Defense
Military Retirement Fund.''; and
(B) by inserting ``for any other member'' before
``for any fiscal year''.
(2) Section 1413a(h) of such title is amended--
(A) by inserting before ``Payments under'' the
following new sentence: ``Payments under this section
for a member of the Army, Navy, Air Force, or Marine
Corps shall be paid from the Department of Defense
Military Retirement Fund.''; and
(B) by inserting ``for any other member'' before
``for any fiscal year''.
(b) Payment of Increased Retirement Trust Fund Costs Due to
Concurrent Receipt or Enhanced Special Disability Compensation
Payments.--
(1) Section 1463(a)(1) of this title is amended by
inserting before the semicolon the following: ``and payments
under section 1413, 1413a, or 1414 of this title paid to such
members''.
(2) Section 1465(b) of such title is amended by adding at
the end the following new paragraph:
``(3) At the same time that the Secretary of Defense makes the
determination required by paragraph (1) for any fiscal year, the
Secretary shall determine the amount of the Treasury contribution to be
made to the Fund for the next fiscal year under section 1466(b)(2)(D)
of this title. That amount shall be determined in the same manner as
the determination under paragraph (1) of the total amount of Department
of Defense contributions to be made to the Fund during that fiscal year
under section 1466(a) of this title, except that for purposes of this
paragraph the Secretary, in making the calculations required by
subparagraphs (A) and (B) of that paragraph, shall use the single level
percentages determined under subsection (c)(4), rather than those
determined under subsection (c)(1).''.
(3) Section 1465(c) of such title is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting before the
semicolon at the end the following: ``, to be
determined without regard to section 1413, 1413a, or
1414 of this title'';
(ii) in subparagraph (B), by inserting before the
period at the end the following: ``, to be determined
without regard to section 1413, 1413a, or 1414 of this
title''; and
(iii) in the sentence following subparagraph (B),
by striking ``subsection (b)'' and inserting
``subsection (b)(1)'';
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Whenever the Secretary carries out an actuarial valuation
under paragraph (1), the Secretary shall include as part of such
valuation the following:
``(A) A determination of a single level percentage
determined in the same manner as applies under subparagraph (A)
of paragraph (1), but based only upon the provisions of section
1413, 1413a, or 1414 of this title (whichever is in effect).
``(B) A determination of a single level percentage
determined in the same manner as applies under subparagraph (B)
of paragraph (1), but based only upon the provisions of section
1413, 1413a, or 1414 of this title (whichever is in effect).
Such single level percentages shall be used for the purposes of
subsection (b)(3).''.
(4) Section 1466(b) of such title is amended--
(A) in paragraph (1), by striking ``sections 1465(a) and
1465(c)'' and inserting ``sections 1465(a), 1465(b)(3),
1465(c)(2), and 1465(c)(3)''; and
(B) by adding at the end of paragraph (2) the following new
subparagraph:
``(D) The amount for that year determined by the Secretary
of Defense under section 1465(b)(3) of this title for the cost
to the Fund arising from increased amounts payable from the
Fund by reason of section 1413, 1413a, or 1414 of this
title.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
SEC. 651. EXPANDED COMMISSARY ACCESS FOR SELECTED RESERVE MEMBERS,
RESERVE RETIREES UNDER AGE 60, AND THEIR DEPENDENTS.
(a) Access to Military Commissaries.--Section 1065 of title 10,
United States Code, is amended--
(1) in subsections (a), (b), and (c), by inserting
``commissary stores and'' after ``use'' each place it appears;
and
(2) in subsection (d)--
(A) by inserting ``commissary stores and'' after
``use'' the first and third places it appears; and
(B) by inserting ``stores and'' after ``use'' the
second and fourth places it appears.
(b) Conforming Amendments; Transfer of Section.--Chapter 54 of such
title is amended--
(1) by striking sections 1063 and 1064;
(2) in section 1063a(c)(2), by striking ``section 1065(e)''
and inserting ``section 1063(e)'';
(3) by redesignating section 1063a, as amended by paragraph
(2), as section 1064;
(4) by transferring section 1065, as amended by subsection
(a), so as to appear after section 1062; and
(5) by striking the heading of such section, as amended by
subsection (a) and transferred by paragraph (4), and inserting
the following new heading:
``Sec. 1063. Use of commissary stores and MWR retail facilities:
members of reserve components and reserve retirees under
age 60''.
(c) Clerical Amendments.--The table of sections at the beginning of
such chapter is amended by striking the items relating to sections
1063, 1063a, 1064, and 1065 and inserting the following new items:
``1063. Use of commissary stores and MWR retail facilities: members of
reserve components and reserve retirees
under age 60.
``1064. Use of commissary stores and MWR retail facilities: members of
National Guard serving in federally
declared disaster or national emergency.''.
SEC. 652. DEFENSE COMMISSARY SYSTEM AND EXCHANGE STORES SYSTEM.
(a) Existence of Systems.--Chapter 147 of title 10, United States
Code, is amended by inserting before section 2482 the following new
section:
``Sec. 2481. Existence of defense commissary system and exchange stores
system
``(a) In General.--The Secretary of Defense shall operate a defense
commissary system and an exchange stores system in the manner provided
by this chapter and other provisions of law.
``(b) Separate Systems.--Except as authorized by section 2490a of
this title, the defense commissary system and the exchange stores
system shall be operated as separate systems of the Department of
Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting before the item relating to
section 2482 the following new item:
``2481. Existence of defense commissary system and exchange stores
system.''.
SEC. 653. LIMITATIONS ON PRIVATE OPERATION OF DEFENSE COMMISSARY STORE
FUNCTIONS.
Section 2482(a) of title 10, United States Code, is amended--
(1) by striking the first and second sentences and
inserting the following: ``(1) Under such regulations as the
Secretary of Defense may approve, private persons may operate
selected commissary store functions, except that such functions
may not include functions relating to the procurement of
products to be sold in a commissary store or functions relating
to the overall management of a commissary system or the
management of a commissary store.''; and
(2) by adding at the end the following new paragraph:
``(2) Any change to private operation of a commissary store
function shall not take effect until the Secretary of Defense submits
written notice of the proposed change to Congress and a period of 90
days of continuous session of Congress expires following the date on
which notice was received, determined as provided in section 2486(d)(2)
of this title.''.
SEC. 654. USE OF APPROPRIATED FUNDS TO OPERATE DEFENSE COMMISSARY
SYSTEM.
(a) Requirement That Commissary Operating Expenses Be Paid From
Appropriated Funds.--Section 2484 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``may'' and inserting
``shall''; and
(2) in subsection (b), by striking ``may'' in the first
sentence and inserting ``shall''.
(b) Supplemental Funds for Commissary Operations.--Such section is
further amended by adding at the end the following new subsection:
``(c) Supplemental Funds for Commissary Operations.--Amounts
appropriated to cover the expenses of operating the Defense Commissary
Agency and the defense commissary system may be supplemented with
additional funds from manufacturers' coupon redemption fees, handling
fees for tobacco products, and other amounts received as reimbursement
for other support activities provided by commissary activities.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003.
SEC. 655. RECOVERY OF NONAPPROPRIATED FUND INSTRUMENTALITY AND
COMMISSARY STORE INVESTMENTS IN REAL PROPERTY AT MILITARY
INSTALLATIONS CLOSED OR REALIGNED.
(a) 1988 Law.--Section 204(b)(7)(C)(i) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note) is amended in the second sentence by striking ``The
Secretary may use amounts in the account (in such an aggregate amount
as is provided in advance in appropriation Acts)'' and inserting
``Amounts in the account shall be available to the Secretary, without
appropriation and until expended,''.
(b) 1990 Law.--Section 2906(d)(3) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) is amended by striking ``The Secretary may use
amounts in the account (in such an aggregate amount as is provided in
advance in appropriation Acts)'' and inserting ``Amounts in the account
shall be available to the Secretary, without appropriation and until
expended,''.
SEC. 656. COMMISSARY SHELF-STOCKING PILOT PROGRAM.
(a) Pilot Program Authority.--Subject to subsection (c), the
Secretary of Defense may conduct a pilot program under which the
stocking of shelves at three defense commissary stores operated by the
Defense Commissary Agency shall be the sole responsibility of Federal
employees of the Agency or employees contracted by the agency.
(b) Implementation Plan.--(1) The Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a plan for the conduct
of the pilot program. The plan shall be submitted not later than six
months after the date of the enactment of this Act.
(2) The plan shall include the following:
(A) The financial structure of the pilot program and
expected costs.
(B) The Secretary's request to the Office of Personnel
Management to conduct the pilot program as a Federal civilian
personnel demonstration project under chapter 47 of title 5,
United States Code, or a plan to provide otherwise a
sufficiently flexible Federal civilian workforce for the pilot
program through another authority.
(C) Specification of the three sites for the conduct of the
pilot program and the criteria used to select those sites.
(D) Proposed duration of the pilot program and the expected
timing for providing to Congress the results of the pilot
program and recommendations of the Secretary.
(E) Other observations and recommendations of the
Secretary.
(c) Implementation.--The Secretary of Defense may not begin to
conduct the pilot program until a period of 30 days has elapsed after
the date of the submission of the plan for the pilot program under
subsection (b).
Subtitle F--Other Matters
SEC. 661. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT FOR
DESIGNATION OF CRITICAL MILITARY SKILLS FOR RETENTION
BONUS.
Section 323(b) of title 37, United States Code, is amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
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 of paragraph (1) the following: ``In determining
single level dollar amounts under subparagraphs (A) and (B) of this
paragraph, the Secretary of Defense may determine a separate single
level dollar amount under either or both subparagraphs for any
participating uniformed service, if, in the judgment of the Secretary,
such a determination would produce a more accurate and appropriate
actuarial valuation for that uniformed service.''.
SEC. 702. TRANSFER OF CERTAIN MEMBERS FROM PHARMACY AND THERAPEUTICS
COMMITTEE TO UNIFORM FORMULARY BENEFICIARY ADVISORY PANEL
UNDER THE PHARMACY BENEFITS PROGRAM.
Section 1074g of title 10, United States Code, is amended--
(1) in subsection (b)(1) in the second sentence, by
striking ``facilities,'' and all that follows through the end
of the sentence and inserting ``facilities and representatives
of providers in facilities of the uniformed services.''; and
(2) in subsection (c)(2)--
(A) by striking ``represent nongovernmental'' and
inserting the following: ``represent--
``(A) nongovernmental'';
(B) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(B) contractors responsible for the TRICARE retail
pharmacy program;
``(C) contractors responsible for the national mail-order
pharmacy program; and
``(D) TRICARE network providers.''.
SEC. 703. PERMANENT EXTENSION OF AUTHORITY TO ENTER INTO PERSONAL
SERVICES CONTRACTS FOR THE PERFORMANCE OF HEALTH CARE
RESPONSIBILITIES AT LOCATIONS OTHER THAN MILITARY MEDICAL
TREATMENT FACILITIES.
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.''.
SEC. 704. PLAN FOR PROVIDING HEALTH COVERAGE INFORMATION TO MEMBERS,
FORMER MEMBERS, AND DEPENDENTS ELIGIBLE FOR CERTAIN
HEALTH BENEFITS.
(a) Health Information Plan Required.--The Secretary of Defense
shall develop a plan to--
(1) ensure that each household that includes one or more
eligible persons is provided information concerning--
(A) the extent of health coverage provided by
sections 1079 or 1086 of title 10, United States Code,
for each such person;
(B) the costs, including the limits on such costs,
that each such person is required to pay for such
health coverage;
(C) sources of information for locating TRICARE-
authorized providers in the household's locality; and
(D) methods to obtain assistance in resolving
difficulties encountered with billing, payments,
eligibility, locating TRICARE-authorized providers,
collection actions, and such other issues as the
Secretary considers appropriate;
(2) provide mechanisms to ensure that each eligible person
has access to information identifying TRICARE-authorized
providers in the person's locality who have agreed to accept
new patients under section 1079 or 1086 of title 10, United
States Code, and to ensure that such information is
periodically updated;
(3) provide mechanisms to ensure that each eligible person
who requests assistance in locating a TRICARE-authorized
provider is provided such assistance;
(4) provide information and recruitment materials and
programs aimed at attracting participation of health care
providers as necessary to meet health care access requirements
for all eligible persons; and
(5) provide mechanisms to allow for the periodic
identification by the Department of Defense of the number and
locality of eligible persons who may intend to rely on TRICARE-
authorized providers for health care services.
(b) Implementation of Plan.--The Secretary of Defense shall
implement the plan required by subsection (a) with respect to any
contract entered into by the Department of Defense after May 31, 2003,
for managed health care.
(c) Definitions.--In this section:
(1) The term ``eligible person'' means a person eligible
for health benefits under section 1079 or 1086 of title 10,
United States Code.
(2) The term ``TRICARE-authorized provider'' means a
facility, doctor, or other provider of health care services--
(A) that meets the licensing and credentialing
certification requirements in the State where the
services are rendered;
(B) that meets requirements under regulations
relating to TRICARE for the type of health care
services rendered; and
(C) that has accepted reimbursement by the
Secretary of Defense as payment for services rendered
during the 12-month period preceding the date of the
most recently updated provider information provided to
households under the plan required by subsection (a).
(d) Submission of Plan.--Not later than March 31, 2004, the
Secretary shall submit to the Committees on Armed Services of the
Senate and House of Representatives the plan required by subsection
(a), together with a schedule for implementation of the plan.
SEC. 705. WORKING GROUP ON MILITARY HEALTH CARE FOR PERSONS RELIANT ON
HEALTH CARE FACILITIES AT MILITARY INSTALLATIONS TO BE
CLOSED OR REALIGNED.
Section 722 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 10 U.S.C. 1073 note) is amended by
striking subsections (a), (b), (c), and (d) and inserting the following
new subsections:
``(a) Establishment.--Not later than December 31, 2003, the
Secretary of Defense shall establish a working group on the provision
of military health care to persons who rely for health care on health
care facilities located at military installations--
``(1) inside the United States that are selected for
closure or realignment in the 2005 round of realignments and
closures authorized by sections 2912, 2913, and 2914 of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as
added by title XXX of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 155 Stat. 1342); or
``(2) outside the United States that are selected for
closure or realignment as a result of force posture changes.
``(b) Membership.--The members of the working group shall include,
at a minimum, the following:
``(1) The Assistant Secretary of Defense of Health Affairs,
or the designee of the Assistant Secretary.
``(2) The Surgeon General of the Army, or the designee of
that Surgeon General.
``(3) The Surgeon General of the Navy, or the designee of
that Surgeon General.
``(4) The Surgeon General of the Air Force, or the designee
of that Surgeon General.
``(5) At least one independent member from each TRICARE
region, but not to exceed a total of 12 members appointed under
this paragraph, whose experience in matters within the
responsibility of the working group qualify that person to
represent persons authorized health care under chapter 55 of
title 10, United States Code.
``(c) Duties.--(1) In developing the selection criteria and
recommendations for the 2005 round of realignments and closures
required by sections 2913 and 2914 of the Defense Base Closure and
Realignment Act of 1990, the Secretary of Defense shall consult with
the working group.
``(2) The working group shall be available to provide assistance to
the Defense Base Closure and Realignment Commission.
``(3) In the case of each military installation referred to in
paragraph (1) or (2) of subsection (a) whose closure or realignment
will affect the accessibility to health care services for persons
entitled to such services under chapter 55 of title 10, United States
Code, the working group shall provide to the Secretary of Defense a
plan for the provision of the health care services to such persons.
``(d) Special Considerations.--In carrying out its duties under
subsection (c), the working group--
``(1) shall conduct meetings with persons entitled to
health care services under chapter 55 of title 10, United
States Code, or representatives of such persons;
``(2) may use reliable sampling techniques;
``(3) may visit the areas where closures or realignments of
military installations will adversely affect the accessibility
of health care for such persons and may conduct public
meetings; and
``(4) shall ensure that members of the uniformed services
on active duty, members and former members of the uniformed
services entitled to retired or retainer pay, and dependents
and survivors of such members and retired personnel are
afforded the opportunity to express their views.''.
SEC. 706. ACCELERATION OF IMPLEMENTATION OF CHIROPRACTIC HEALTH CARE
FOR MEMBERS ON ACTIVE DUTY.
The Secretary of Defense shall accelerate the implementation of the
plan required by section 702 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398) (relating
to chiropractic health care services and benefits), with a goal of
completing implementation of the plan by October 1, 2005.
SEC. 707. MEDICAL AND DENTAL SCREENING FOR MEMBERS OF SELECTED RESERVE
UNITS ALERTED FOR MOBILIZATION.
Section 1074a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f)(1) The Department of Defense may provide medical and dental
screening and care to members of the Selected Reserve who are assigned
to a unit that has been alerted that the unit will be mobilized for
active duty in support of an operational mission or contingency
operation, during a national emergency, or in a time of war.
``(2) The medical and dental screening and care that may be
provided under this subsection is screening and care necessary to
ensure that a member meets the medical and dental standards for
required deployment.
``(3) The services provided under this subsection shall be provided
to a member at no cost to the member and at any time after the unit to
which the member is assigned is alerted or otherwise notified that the
unit will be mobilized.''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
Section 845 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note) is amended in
subsection (g) by striking ``September 30, 2004'' and inserting
``September 30, 2008''.
SEC. 802. ELIMINATION OF CERTAIN SUBCONTRACT NOTIFICATION REQUIREMENTS.
Subsection (e) of section 2306 of title 10, United States Code, is
amended--
(1) by striking ``(A)'' and ``(B)'' and inserting ``(i)''
and ``(ii)'', respectively;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by striking ``Each'' and inserting ``(1) Except as
provided in paragraph (2), each''; and
(4) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply to a prime contract with a
contractor that maintains a purchasing system approved by the
contracting officer for the contract.''.
SEC. 803. ELIMINATION OF REQUIREMENT TO FURNISH WRITTEN ASSURANCES OF
TECHNICAL DATA CONFORMITY.
Section 2320(b) of title 10, United States Code, is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8) and (9) as paragraphs
(7) and (8), respectively.
SEC. 804. LIMITATION PERIOD FOR TASK AND DELIVERY ORDER CONTRACTS.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended--
(1) in section 2304a--
(A) in subsection (e)--
(i) by inserting ``(1)'' before ``A task'';
and
(ii) by adding at the end the following new
paragraphs:
``(2) Unless use of procedures other than competitive procedures is
authorized by an exception in subsection (c) of section 2304 of this
title and approved in accordance with subsection (f) of such section,
competitive procedures shall be used for making such a modification.
``(3) Notice regarding the modification shall be provided in
accordance with section 18 of the Office of Federal Procurement Policy
Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15
U.S.C. 637(e)).''; and
(B) by striking subsection (f) and inserting the
following:
``(f) Limitation on Contract Period.--The base period of a task
order contract or delivery order contract entered into under this
section may not exceed five years unless a longer period is
specifically authorized in a law that is applicable to such contract.
The contract may be extended for an additional 5 years (for a total
contract period of not more than 10 years) through modifications,
options, or otherwise.''; and
(2) in section 2304b--
(A) by striking subsection (a) and inserting the
following:
``(a) In General.--A task order contract (as defined in section
2304d of this title) for procurement of advisory and assistance
services shall be subject to the requirements of this section, sections
2304a and 2304c of this title, and other applicable provisions of
law.'';
(B) by striking subsections (b), (f), and (g) and
redesignating subsections (c), (d), (e), (h), and (i)
as subsections (b) through (f);
(C) by amending subsection (c) (as redesignated by
subparagraph (B)) to read as follows:
``(c) Required Content of Contract.--A task order contract
described in subsection (a) shall contain the same information that is
required by section 2304a(b) to be included in the solicitation of
offers for that contract.''; and
(D) in subsection (d) (as redesignated by
subparagraph (B))--
(i) in paragraph (1), by striking ``under
this section'' and inserting ``described in
subsection (a)''; and
(ii) in paragraph (2), by striking ``under
this section''.
(b) Repeals.--(1) Subsection (g) of section 2306c of title 10,
United States Code, is repealed.
(2) Subsection (c) of section 811 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2608) is repealed.
SEC. 805. ADDITIONAL AUTHORITIES RELATING TO OBTAINING PERSONAL
SERVICES.
(a) In General.--Section 129b of title 10, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``in accordance with
section 3109 of title 5''; and
(2) by adding at the end the following new subsection:
``(d) Additional Authority.--(1) In addition to the authority
provided under subsection (a), the Secretary of Defense may enter into
personal services contracts with individuals, regardless of their
nationality, outside of the United States.
``(2) The contracting officer for a personal services contract
shall be responsible for ensuring that a personal services contract is
the appropriate vehicle for carrying out the purpose of the
contract.''.
(b) Intelligence Components.--(1) Subchapter I of chapter 21 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 426. Personal services contracts: authority and limitations
``(a) Personal Services.--(1) The Secretary of Defense may,
notwithstanding section 3109 of title 5, enter into personal services
contracts in the United States if the personal services directly
support the mission of a defense intelligence component or counter-
intelligence organization.
``(2) The contracting officer for a personal services contract
shall be responsible for ensuring that a personal services contract is
the appropriate vehicle for carrying out the purpose of the contract.
``(b) Definition.--In this section, the term `defense intelligence
component' means a component of the Department of Defense 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(4)).''.
(2) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``426. Personal services contracts: authority and limitations.''.
(c) Special Operations Command.--Section 167 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(l) Personal Services Contracts.--(1) The Secretary of Defense
may, notwithstanding section 3109 of title 5, enter into personal
services contracts in the United States if the personal services
directly support the mission of the special operations command.
``(2) The contracting officer for a personal services contract
shall be responsible for ensuring that a personal services contract is
the appropriate vehicle for carrying out the purpose of the
contract.''.
SEC. 806. EVALUATION OF PROMPT PAYMENT PROVISIONS.
(a) Evaluation Requirement.--The Secretary of Defense shall
evaluate provisions of law and regulation relating to the prompt
payment of amounts due contractors under contracts with the Department
of Defense.
(b) Matters Covered.--In carrying out such evaluation, the
Secretary shall focus in particular on the implementation of prompt
payment provisions with respect to small businesses, including--
(1) an analysis of compliance by the Department of Defense
with chapter 39 of title 31, United States Code, and
regulations applicable to the Department of Defense under that
chapter, with respect to small business contractors;
(2) a determination of the number of Department of Defense
contracts with small businesses that are not in compliance with
prompt payment requirements; and
(3) a determination of the average length of time that
elapses between performance of work by small business
contractors under Department of Defense contracts and payment
for such work.
Subtitle B--United States Defense Industrial Base Provisions
Part I--Critical Items Identification and Domestic Production
Capabilities Improvement Program
SEC. 811. ASSESSMENT OF UNITED STATES DEFENSE INDUSTRIAL BASE
CAPABILITIES.
(a) Assessment Program.--The Secretary of Defense, in coordination
with the Secretary of each military department, shall establish a
program to assess the capabilities of the United States defense
industrial base to produce military systems necessary to support
national security requirements.
(b) Designee.--The Secretary of each military department shall
designate a position to be responsible for assisting in carrying out
the program under subsection (a) with respect to the military
department concerned. The person designated to serve in such position
shall do the following:
(1) Report to the Service Acquisition Executive of the
military department concerned on defense industrial base
matters affecting the acquisition and production of military
systems.
(2) Provide information to assist the Secretary of Defense
in carrying out the Secretary's duties as a member of the
National Defense Technology and Industrial Base Council (as
established under section 2502 of title 10, United States
Code).
(3) Oversee the collection of data to assist the Secretary
of Defense in carrying out subsection (c).
(4) Oversee the process for identifying and determining
critical items to assist the Secretary of Defense in carrying
out section 812.
(c) Collection of Data.--The Secretary of Defense shall collect
data in support of the program. At a minimum, with respect to each
procurement for a covered military system, the following information
shall be collected:
(1) With respect to the contractor awarded the contract:
(A) An identification of the critical item or items
included in the covered military system and whether the
item is of a domestic or foreign source.
(B) Whether the contractor is a foreign contractor,
and, if so--
(i) whether the contract was awarded on a
sole source basis because of the unavailability
of responsible offerors with United States
production capabilities; or
(ii) whether the contract was awarded after
receipt of offers from responsible offerors
with United States production capabilities.
(C) Whether the contractor is a United States
contractor, and, if the contractor plans to perform
work under the contract outside the United States, an
identification of the locations where the work
(including research, development, and manufacturing)
will be performed, an explanation of the business
rationale for why the decision was made to transfer the
work outside the United States, and a certification of
the specific percentage of the total contract to be
performed outside the United States.
(2) With respect to the offerors submitting bids or
proposals (other than the offeror awarded the contract):
(A) An identification of the critical item or items
included in the covered military system and whether the
item is of a domestic or foreign source.
(B) An identification of the domestic and foreign
offerors and the locations where the work (including
research, development, and manufacturing) was proposed
to be performed under the contract.
(C) A statement of whether there were no offerors
or whether there was only one offeror.
(d) Confidentiality.--The Secretary of Defense shall make every
effort to ensure that the information collected under this section from
private sector entities remains confidential.
(e) Assessment.--The Secretary of Defense shall prepare an
assessment of the data compiled under this section during every two-
year period and shall submit the results of the assessment to the
Committees on Armed Services of the Senate and the House of
Representatives, including the recommendations of the Secretary
regarding how procurement from the United States defense industrial
base can be maximized. The first such assessment shall cover the period
of fiscal Year 2002 and fiscal Year 2003 and shall be submitted to the
Committees no later than November 1, 2004.
SEC. 812. IDENTIFICATION OF CRITICAL ITEMS: MILITARY SYSTEM BREAKOUT
LIST.
(a) Identification Process.--The Secretary of Defense shall
establish a process to identify, with respect to each military system--
(1) the items and components within the military system;
(2) the items and components within the military system
that are essential, in accordance with subsection (c); and
(3) the items and components within the military system
that are critical, in accordance with subsection (d).
(b) Military System Breakout List.--The Secretary of Defense shall
produce a list, to be known as the ``military system breakout list'',
consisting of the items and components identified under the process
established under subsection (a).
(c) Essential Items and Components.--For purposes of determining
whether an item or component is essential, the Secretary shall include
only an item or component that--
(1) is essential for the proper functioning and performance
of the military system of which the item or component is a
part; or
(2) involves a critical technology (as defined in section
2500 of title 10, United States Code).
(d) Critical Items or Components.--(1) For purposes of determining
whether an item or component is critical, the Secretary shall include
only an item or component that--
(A) is essential, as determined under subsection (c); and
(B) with respect to which there is a high barrier to entry
for the production of the item or component.
(2) For purposes of paragraph (1)(B), a high barrier to entry for
the production of an item or component means that--
(A) there would be a significant period of time required to
reestablish United States production capabilities; and
(B) the level of investment necessary to reestablish United
States production capabilities that are able to meet surge and
sustained production rates for wartime requirements is
significant.
(e) Report.--Not later than November 1 of each year, beginning with
November 1, 2004, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation of this section. The
report shall include the following:
(1) A list of each military system covered by the process
established under subsection (a).
(2) A list of items and components determined to be
essential.
(3) A list of items and components determined to be
critical.
(4) A list of the items and components contained in the
lists provided under paragraphs (2) and (3) that are
manufactured or produced outside the United States.
SEC. 813. PROCUREMENT OF CERTAIN CRITICAL ITEMS FROM AMERICAN SOURCES.
(a) Requirement for Procurement of Certain Critical Items Produced
in United States.--With respect to items that meet the criteria set
forth in subsection (b), the Secretary of Defense may procure such
items only if the items are entirely produced in the United States.
(b) Criteria.--For purposes of subsection (a), an item meets the
criteria of this subsection if--
(1) it is a critical item; and
(2) there are limited sources of production capability of
the item in the United States.
(c) Exception.--Subsection (a) does not apply to a procurement of
an item when the Secretary of Defense determines in writing that the
Department of Defense's need for the item is of such an unusual and
compelling urgency that the United States would be seriously injured
unless the Department is permitted to procure the item from sources
outside the United States.
(d) Applicability.--Subsection (a) shall apply to contracts for the
procurement of covered military systems and subcontracts under such
contracts.
SEC. 814. PRODUCTION CAPABILITIES IMPROVEMENT FOR CERTAIN CRITICAL
ITEMS USING DEFENSE INDUSTRIAL BASE CAPABILITIES FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a separate fund to be known as the Defense Industrial
Base Capabilities Fund (hereafter in this section referred to as the
``Fund'').
(b) Moneys in Fund.--There shall be credited to the Fund amounts
appropriated to it.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Fund $100,000,000 for fiscal year 2004.
(d) Use of Fund.--The Secretary of Defense is authorized to use all
amounts in the Fund, subject to appropriation, for the purposes of
establishing capabilities within the United States to produce critical
items that meet any of the following criteria:
(1) The item is available only from foreign contractors.
(2) The item is available only from a limited number of
United States contractors.
(e) Limitation on Use of Fund.--Before the obligation of any
amounts in the Fund, the Secretary of Defense shall submit to Congress
a report describing the Secretary's plans for implementing the Fund
established in subsection (a), including the priorities for the
obligation of amounts in the Fund, the criteria for determining the
recipients of such amounts, and the mechanisms through which such
amounts may be provided to the recipients.
(f) Availability of Funds.--Amounts in the Fund shall remain
available until expended.
(g) Fund Manager.--The Secretary of Defense shall designate a Fund
manager. The duties of the Fund manager shall include--
(1) ensuring the visibility and accountability of
transactions engaged in through the Fund; and
(2) reporting to Congress each year regarding activities of
the Fund during the previous fiscal year.
Part II--Requirements Relating to Specific Items
SEC. 821. DOMESTIC SOURCE LIMITATION AMENDMENTS.
(a) Additional Items.--Section 2534(a) of title 10, United States
Code, is amended by adding at the end of the following new paragraphs:
``(6) Fuzes used for ordnance.
``(7) Microwave power tubes or traveling wave tubes.
``(8) PAN carbon fiber.
``(9) Aircraft tires.
``(10) Ground vehicle tires.
``(11) Tank track assemblies.
``(12) Tank track components.
``(13) Pre-formed retort packaging in direct contact with
main entree meals within meals ready-to-eat listed in Federal
Supply Class 8970.''.
(b) Amendment of National Technology and Industrial Base.--
Paragraph (1) of section 2500 of title 10, United States Code, is
amended--
(1) by striking all that follows after ``States'' to the
end of the paragraph and inserting a period; and
(2) by striking ``production, or maintenance'' and
inserting ``production, and maintenance''.
(c) Amendment of Waiver Authority.--Section 2534(d) of title 10,
United States Code, is amended--
(1) in the text before paragraph (1), by inserting ``in
writing'' after ``determines'';
(2) by striking paragraphs (1), (2), (3), (6), (7), and
(8);
(3) by redesignating paragraphs (4) and (5) as paragraphs
(2) and (3), respectively, and in such paragraph (3), as so
redesignated, by adding at the end the following: ``This
exception shall not apply to items determined to be critical by
the Secretary of Defense under section 812 of the National
Defense Authorization Act for Fiscal Year 2004.''; and
(4) by inserting before paragraph (2), as so redesignated,
the following new paragraph (1):
``(1) The Department of Defense's need for the item is of
such an unusual and compelling urgency that the United States
would be seriously injured unless the Department is permitted
to procure the item from sources outside the United States.''.
SEC. 822. REQUIREMENTS RELATING TO BUYING COMMERCIAL ITEMS CONTAINING
SPECIALTY METALS FROM AMERICAN SOURCES.
(a) Specialty Metals and Other Industrial Base Protection
Measures.--(1) Subsection (b) of section 2533a of title 10, United
States Code, is amended--
(A) in paragraph (1)(B), by inserting before the semicolon
the following: ``and the materials and components thereof'';
and
(B) in paragraph (2), by inserting before the period the
following: `` and any specialty metal that may be part of
another item''.
(2) Subsection (c) of such section is amended--
(A) by striking ``or the Secretary of the military
department concerned''; and
(B) by adding at the end the following: ``For each such
determination, the Secretary of Defense shall notify Congress
in writing of the factors supporting the determination.''.
(3) Section 2533a of such title is amended by adding at the end the
following new subsection:
``(l) Authority Not Delegable.--The Secretary may not delegate any
authority under this section to anyone other than the Under Secretary
of Defense for Acquisition, Technology, and Logistics.''.
(b) Exception to Berry Amendment for Commercial Items Containing
Specialty Metals.--Section 2533a of title 10, United States Code, is
amended--
(1) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Exception for Commercial Items Containing Specialty Metals.--
``(1) In General.--Subsection (a) does not apply to the
procurement of a commercial item containing specialty metals
if--
``(A) the contractor agrees to comply with the
requirement set forth in paragraph (2); or
``(B) the Secretary of Defense determines in
writing that the Department of Defense's need for the
commercial item containing specialty metal is of such
an unusual and compelling urgency that the United
States would be seriously injured unless the Department
is permitted to procure the item containing specialty
metal from outside the United States.
``(2) Requirement to purchase equivalent amount of domestic
metal.--For purposes of paragraph (1)(A), the requirement set
forth in this paragraph is that the contractor for each
contract entered into by the Secretary for the procurement of a
commercial item containing specialty metal agrees to purchase,
over the 18-month period beginning on the date of award of the
contract, an amount of specialty metal that is--
``(A) produced, including such functions as melting
and smelting, in the United States; and
``(B) equivalent to--
``(i) the amount of specialty metal
(measured by factors including volume, type,
and grade) purchased to carry out the work
under the contract (including the work under
each subcontract at any tier under the
contract); plus
``(ii) 10 percent of the amount referred to
in clause (i).
``(3) Relationship to other exceptions.--The exceptions
under subsections (c), (d), and (h) of this section shall not
apply to the procurement of a commercial item containing
specialty metals.
``(4) Notice to congress.--The Secretary of Defense shall
not enter into a contract to procure a commercial item
containing specialty metal pursuant to the exception in
subsection (a) until Congress is notified that the Secretary
has applied the exception and a period of 15 days has expired
after such notification is made.
``(5) Notice to industry.--The Secretary of Defense shall
publish a notice in the Federal Register on the method that the
Department of Defense will use to measure an equivalent amount
of specialty metal for purposes of this subsection. Such a
method shall consider factors such as volume, type, and grade
of specialty metal that otherwise would be produced from United
States sources.''.
(c) Removal of Specialty Metal From Subsection (e) Exception.--
Subsection (e) of such section is amended--
(1) in the heading, by striking ``Specialty Metals and'';
and
(2) by striking ``specialty metals or''.
(d) Conforming Amendment.--Subsection (a) of section 2533a of such
title is amended by striking ``through (h)'' and inserting ``through
(i)''.
(e) Effective Date.--Section 2533a(i) of title 10, United States
Code, as added by subsection (a), shall apply to each contract for the
procurement of a commercial item containing specialty metal entered
into before, on, or after the date of the enactment of this Act.
SEC. 823. ELIMINATION OF UNRELIABLE SOURCES OF DEFENSE ITEMS AND
COMPONENTS.
(a) Identification of Certain Countries.--The Secretary of Defense
shall identify foreign countries that, by law, policy, or regulation,
restricted the provision or sale of military goods or services to the
United States because of United States policy toward, or military
operations in, Iraq since September 12, 2002.
(b) Prohibition on Procurement of Certain Items From Identified
Countries.--The Secretary of Defense may not procure any items or
components contained in military systems if the items or components, or
the systems, are manufactured in any foreign country identified under
subsection (a).
(c) Waiver Authority.--The Secretary of Defense may waive the
limitation in subsection (b) if the Secretary determines in writing and
notifies Congress that the Department of Defense's need for the item is
of such an unusual and compelling urgency that the United States would
be seriously injured unless the Department is permitted to procure the
item from the sources identified in subsection (a).
(d) Effective Date.--(1) Subject to paragraph (2), subsection (b)
applies to contracts in existence on the date of the enactment of this
Act or entered into after such date.
(2) With respect to contracts in existence on the date of the
enactment of this Act, the Secretary of Defense shall take such action
as is necessary to ensure that such contracts are in compliance with
subsection (b) not later than 24 months after such date.
SEC. 824. CONGRESSIONAL NOTIFICATION REQUIRED BEFORE EXERCISING
EXCEPTION TO REQUIREMENT TO BUY SPECIALTY METALS FROM
AMERICAN SOURCES.
Section 2533a(c) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``The Secretary of
Defense or the Secretary of the military department concerned may not
procure specialty metals pursuant to the exception authorized by this
subsection until the Secretary submits to Congress and publishes in the
Federal Register notice of the determination made under this subsection
and a period of 15 days expires after the date such notification is
submitted.''.
SEC. 825. REPEAL OF AUTHORITY FOR FOREIGN PROCUREMENT OF PARA-ARAMID
FIBERS AND YARNS.
Section 807 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2084) is
repealed.
SEC. 826. REQUIREMENT FOR MAJOR DEFENSE ACQUISITION PROGRAMS TO USE
MACHINE TOOLS ENTIRELY PRODUCED WITHIN THE UNITED STATES.
(a) In General.--(1) Chapter 144 of title 10, United States Code,
is amended by inserting after section 2435 the following new section:
``Sec. 2436. Major defense acquisition programs: requirement for
certain items to be entirely produced in United States
``The Secretary of Defense shall require that, for any procurement
of a major defense acquisition program--
``(1) the contractor for the procurement shall use only
machine tools entirely produced within the United States to
carry out the contract; and
``(2) any subcontractor under the contract shall comply
with paragraph (1) in the case of any contract in an amount
that is $5,000,000 or greater.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2435 the
following new item:
``2436. Major defense acquisition programs: requirement for certain
items to be entirely produced in United
States.''.
(b) Effective Date.--Section 2436 of title 10, United States Code,
as added by subsection (a), shall apply with respect to contracts
entered into after the date occurring four years after the date of the
enactment of this Act.
SEC. 827. DATA COLLECTION AND TECHNICAL ASSISTANCE CENTER RELATING TO
MACHINE TOOLS.
(a) Collection of Data on Contracts Using Machine Tools.--The
Secretary of Defense shall collect data in order to identify all
contractors and subcontractors that use machine tools in carrying out
any defense contract in an amount that is $5,000,000 or greater.
(b) Technical Assistance Center.--The Secretary of Defense shall
establish a center to provide technical assistance to machine tool
companies in the United States, and entities that use machine tools, to
seek guidance with respect to government contracting regulations,
including compliance procedures, and opportunities for contracting with
the Department of Defense. As part of the assistance provided through
the center, the Secretary may provide information about defense
contracts that are expected to be carried out through the use of
machine tools.
(c) Definition.--In this section the term ``machine tools''
includes machine tools in the North American Industry Classification
System (NAICS) codes 333511, 333512, 333513, 333514, and 333515.
SEC. 828. BUY AMERICAN ENHANCEMENT.
Section 2533 of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) In determining under section 2 of the Buy American Act (41
U.S.C. 10a et seq.) whether application of such Act is inconsistent
with the public interest, the Secretary of Defense shall not consider
the provisions of any trade agreement between the United States and a
foreign country that is in effect at the time of the determination.''.
SEC. 829. REQUIREMENT RELATING TO PURCHASES BY DEPARTMENT OF DEFENSE
SUBJECT TO BUY AMERICAN ACT.
In applying section 2 of the Buy American Act (41 U.S.C. 10a) to
acquisitions by the Department of Defense, the term ``substantially
all'' shall mean at least 65 percent.
Part III--General Provisions
SEC. 831. DEFINITIONS.
In this subtitle:
(1) Covered military system.--The term ``covered military
system'' means a military system that includes one or more
critical items.
(2) Military system.--The term ``military system'' means a
military system necessary to support national security
requirements, as determined by the Secretary of Defense, and
which costs more than $25,000. At a minimum, the term includes
the following:
(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) Tracked combat vehicles listed in Federal
Supply Class 2350.
(K) Engines, turbines, and components listed in
Federal Supply Group 28.
(3) Critical item.--The term ``critical item'' means an
item or component determined to be critical by the Secretary of
Defense under section 812.
(4) Item.--The term ``item'' means an end item.
(5) Component.--The term ``component'' means an article,
material, or supply incorporated into an end item. The term
includes software and subassemblies.
(6) Foreign contractor.--The term ``foreign contractor''
means a contractor or subcontractor organized or existing under
the laws of a country other than the United States.
(7) United states contractor.--The term ``United States
contractor'' means a contractor or subcontractor organized or
existing under the laws of the United States.
(8) United states production capabilities.--The term
``United States production capabilities'' means, with respect
to an item or component, facilities located in the United
States to design, develop, or manufacture the item or
component.
TITLE IX--DEPARTMENT OF
DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY TO SECRETARY OF THE
NAVY AND MARINE CORPS.
(a) Change in Title.--The position of the Secretary of the Navy is
hereby redesignated as the Secretary of the Navy and Marine Corps.
(b) References.--Any reference to the Secretary of the Navy in any
law, regulation, document, record, or other paper of the United States
shall be considered to be a reference to the Secretary of the Navy and
Marine Corps.
SEC. 902. REDESIGNATION OF NATIONAL IMAGERY AND MAPPING AGENCY AS
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Redesignation.--The National Imagery and Mapping Agency of the
Department of Defense is hereby redesignated as the National
Geospatial-Intelligence Agency.
(b) Definition of Geospatial Intelligence.--Section 467 of title
10, United States Code, is amended by adding at the end the following
new paragraph:
``(5) The term `geospatial intelligence' means the
exploitation and analysis of imagery and geospatial information
to describe, assess, and visually depict physical features and
geographically referenced activities on the earth. Geospatial
intelligence consists of imagery, imagery intelligence, and
geospatial information.''.
(c) Agency Missions.--(1) Section 442(a) of title 10, United States
Code, is amended--
(A) in paragraph (1), by inserting ``geospatial
intelligence consisting of'' after ``provide''; and
(B) in paragraph (2), by striking ``Imagery, intelligency,
and information'' and inserting ``Geospatial intelligence''.
(2) Section 110(a) of the National Security Act of 1947 (50 U.S.C.
404e(a)) is amended by striking ``imagery'' and inserting ``geospatial
intelligence''.
(d) Conforming Amendments to Title 10, United States Code.--Title
10, United States Code, is amended as follows:
(1) The heading of chapter 22 is amended to read as
follows:
``CHAPTER 22--NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY''.
(2) Chapter 22 is amended--
(A) by striking ``National Imagery and Mapping
Agency'' each place it appears and inserting ``National
Geospatial-Intelligence Agency''; and
(B) in section 453(b), by striking ``NIMA'' in
paragraphs (1) and (2) and inserting ``NGA''.
(3) Section 193 is amended--
(A) by striking ``National Imagery and Mapping
Agency'' in subsections (d)(1), (d)(2), (e), and (f)(4)
and inserting ``National Geospatial-Intelligence
Agency'';
(B) in the heading for subsection (d), by striking
``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''; and
(C) in the heading for subsection (e), by striking
``NIMA'' and inserting ``NGA''.
(4) Section 201 is amended by striking ``National Imagery
and Mapping Agency'' in subsections (b)(2)(C) and (c)(2)(C) and
inserting ``National Geospatial-Intelligence Agency''.
(5)(A) Section 424 is amended by striking ``National
Imagery and Mapping Agency'' in subsection (b)(3) and inserting
``National Geospatial-Intelligence Agency''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 424. Disclosure of organizational and personnel information:
exemption for specified intelligence agencies''.
(ii) The item relating to that section in the table of
sections at the beginning of subchapter I of chapter 21 is
amended to read as follows:
``424. Disclosure of organizational and personnel information:
exemption for specified intelligence
agencies.''.
(6) Section 425(a) is amended by adding at the end the
following new paragraph:
``(5) The words `National Geospatial-Intelligence Agency',
the initials 'NGA,' or the seal of the National Geospatial-
Intelligence Agency.''.
(7) Section 1614(2)(C) is amended by striking ``National
Imagery and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''.
(8) The tables of chapters at the beginning of subtitle A,
and at the beginning of part I of subtitle A, are each amended
by striking ``Imagery and Mapping'' in the item relating to
chapter 22 and inserting ``Geospatial-Intelligence''.
(e) Conforming Amendments to National Security Act of 1947.--The
National Security Act of 1947 is amended as follows:
(1) Section 3 (50 U.S.C. 401a) is amended by striking
``National Imagery and Mapping Agency'' in paragraph (4)(E) and
inserting ``National Geospatial- Intelligence Agency''.
(2) Section 105 (50 U.S.C. 403-5) is amended by striking
``National Imagery and Mapping Agency'' in subsections (b)(2)
and (d)(3) and inserting ``National Geospatial-Intelligence
Agency''.
(3) Section 105A (50 U.S.C. 403-5a) is amended by striking
``National Imagery and Mapping Agency'' in subsection (b)(1)(C)
and inserting ``National Geospatial-Intelligence Agency''.
(4) Section 105C (50 U.S.C. 403-5c) is amended--
(A) by striking ``National Imagery and Mapping
Agency'' each place it appears and inserting ``National
Geospatial-Intelligence Agency'';
(B) by striking ``NIMA'' each place it appears and
inserting ``NGA''; and
(C) by striking ``national imagery and mapping
agency'' in the section heading and inserting
``national geospatial-intelligence agency''.
(5) Section 106 (50 U.S.C. 403-6) is amended by striking
``National Imagery and Mapping Agency'' in subsection (a)(2)(C)
and inserting ``National Geospatial-Intelligence Agency''.
(6) Section 110 (50 U.S.C. 404e) is amended--
(A) by striking ``National Imagery and Mapping
Agency'' in subsections (a), (b), and (c) and inserting
``National Geospatial-Intelligence Agency''; and
(B) by striking ``national imagery and mapping
agency'' in the section heading and inserting
``national geospatial-intelligence agency''.
(7) The table of contents in the first section is amended--
(A) by striking the item relating to section 105C
and inserting the following:
``Sec. 105C. Protection of operational files of National Geospatial-
Intelligence Agency.'';
and
(B) by striking the item relating to section 110
and inserting the following:
``Sec. 110. National mission of National Geospatial-Intelligence
Agency.''.
(f) Cross Reference Correction.--Section 442(d) of title 10, United
States Code, is by striking ``section 120(a) of the National Security
Act of 1947'' and inserting ``section 110(a) of the National Security
Act of 1947 (50 U.S.C. 404e(a))''.
(g) References.--Any reference to the National Imagery and Mapping
Agency in any law, regulation, map, document, record, or other paper of
the United States shall be considered to be a reference to the National
Geospatial-Intelligence Agency.
SEC. 903. PILOT PROGRAM FOR PROVISION OF SPACE SURVEILLANCE NETWORK
SERVICES TO NON-UNITED STATES GOVERNMENTAL ENTITIES.
(a) In General.--Chapter 135 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2272. Space surveillance network: pilot program for provision of
satellite tracking support to entities outside United
States Government
``(a) Pilot Program.--The Secretary of Defense may carry out a
pilot program to determine the feasibility and desirability of
providing to non-United States Governmental entities space surveillance
data support described in subsection (b).
``(b) Space Surveillance Data Support.--Under such a pilot program,
the Secretary may provide to a non-United States Governmental entity,
subject to an agreement described in subsection (c), the following:
``(1) Satellite tracking services from assets owned or
controlled by the Department of Defense, but only if the
Secretary determines, in the case of any such agreement, that
providing such services to that entity is in the national
security interests of the United States.
``(2) Space surveillance data and the analysis of space
surveillance data, but only if the Secretary determines, in the
case of any such agreement, that providing such data and
analysis to that entity is in the national security interests
of the United States.
``(c) Required Agreement.--The Secretary may not provide space
surveillance data support to a non-United States Governmental entity
under the pilot program unless that entity enters into an agreement
with the Secretary under which the entity--
``(1) agrees to pay an amount that may be charged by the
Secretary under subsection (f); and
``(2) agrees not to transfer any data or technical
information received under the agreement, including the
analysis of tracking data, to any other entity without the
Secretary's express approval.
``(d) Requirements With Respect to Foreign Transactions.--(1) The
Secretary may enter into an agreement under subsection (c) to provide
space surveillance data support to a foreign government or other
foreign entity only with the concurrence of the Secretary of State.
``(2) In the case of such an agreement that is entered into with a
foreign government or other foreign entity, the Secretary of Defense
may provide approval under subsection (c)(2) for a transfer of data or
technical information only with the concurrence of the Secretary of
State.
``(e) Prohibition Concerning Provision of Intelligence Assets or
Data.--Nothing in this section shall be considered to authorize the
provision of services or information concerning, or derived from,
United States intelligence assets or data.
``(f) Charges.--As a condition of an agreement under subsection
(c), the Secretary of Defense may require the non-United States
Governmental entity entering into the agreement to pay to the
Department of Defense such amounts as the Secretary determines to be
necessary to reimburse the Department of Defense for the costs to the
Department of providing space surveillance data support under the
agreement.
``(g) Crediting of Funds Received.--Funds received pursuant to an
agreement under this section 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 shall merge with and
become available for obligation for the same period as the accounts to
which they are credited.
``(h) Procedures.--The Secretary shall establish procedures for the
conduct of the pilot program. As part of those procedures, the
Secretary may allow space surveillance data and analytical support to
be provided through a contractor of the Department of Defense.
``(i) Duration of Pilot Program.--The pilot program under this
section shall be conducted during the three-year period beginning on a
date specified by the Secretary of Defense, which date shall be not
later than 180 days after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2272. Space surveillance network: pilot program for provision of
satellite tracking services and data to
entities outside United States
Government.''.
SEC. 904. CLARIFICATION OF RESPONSIBILITY OF MILITARY DEPARTMENTS TO
SUPPORT COMBATANT COMMANDS.
Sections 3013(c)(4), 5013(c)(4), and 8013(c)(4) of title 10, United
States Code, are each amended by striking ``(to the maximum extent
practicable)''.
SEC. 905. BIENNIAL REVIEW OF NATIONAL MILITARY STRATEGY BY CHAIRMAN OF
THE JOINT CHIEFS OF STAFF.
(a) Biennial Review.--Section 153 of title 10, United States Code,
by adding at the end the following new subsection:
``(d) Biennial Review of National Military Strategy.--(1) Not later
then February 15 of each even-numbered year, the Chairman shall submit
to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report containing the
results of a comprehensive examination of the national military
strategy. Each such examination shall be conducted by the Chairman in
conjunction with the other members of the Joint Chiefs of Staff and the
commanders of the unified and specified commands.
``(2) Each report on the examination of the national military
strategy under paragraph (1) shall include the following:
``(A) Delineation of a national military strategy
consistent with the most recent National Security Strategy
prescribed by the President pursuant to section 108 of the
National Security Act of 1947 (50 U.S.C. 404a) and the most
recent Quadrennial Defense Review prescribed by the Secretary
of Defense pursuant to section 118 of this title.
``(B) A description of the strategic environment and the
opportunities and challenges that affect United States national
interests and United States national security.
``(C) A description of the regional threats to United
States national interests and United States national security.
``(D) A description of the international threats posed by
terrorism, weapons of mass destruction, and asymmetric
challenges to United States national security.
``(E) Identification of United States national military
objectives and the relationship of those objectives to the
strategic environment, regional, and international threats.
``(F) Identification of the strategy, underlying concepts,
and component elements that contribute to the achievement of
United States national military objectives.
``(G) Assessment of the capabilities and adequacy of United
States forces (including both active and reserve components) to
successfully execute the national military strategy.
``(H) Assessment of the capabilities, adequacy, and
interoperability of regional allies of the United States and or
other friendly nations to support United States forces in
combat operations and other operations for extended periods of
time.
``(I) Assessment of the resources, basing requirements, and
support structure needed to provide the capabilities necessary
to be assured United States forces can successfully achieve
national military objectives and to assess what resources and
support might be required to sustain allies or friendly nation
forces during combat operations.
``(3)(A) As part of the assessment under this subsection, the
Chairman, in conjunction with the other members of the Joint Chiefs of
Staff and the commanders of the unified and specified commands, shall
undertake an assessment of the nature and magnitude of the strategic
and military risks associated with successfully executing the missions
called for under the current National Military Strategy.
``(B) In preparing the assessment of risk, the Chairman should
assume the existence of those threats described in subparagraphs (C)
and (D) of paragraph (2) and should assess the risk associated with two
regional threats occurring nearly simultaneously.
``(C) In addition to the assumptions to be made under subparagraph
(B), the Chairman should make other assumptions pertaining to the
readiness of United States forces (in both the active and reserve
components), the length of conflict and the level of intensity of
combat operations, and the levels of support from allies and other
friendly nations.
``(4) Before submitting a report under this subsection to the
Committees on Armed Services of the Senate and House of
Representatives, the Chairman shall provide the report to the Secretary
of Defense. The Secretary's assessment and comments thereon (if any)
shall be included with the report. If the Chairman's assessment in such
report in any year is that the risk associated with executing the
missions called for under the National Military Strategy is
significant, the Secretary shall include with the report as submitted
to those committees the Secretary's plan for mitigating the risk.''.
(b) Conforming Amendment.--Subsection (b)(1) of such section is
amended by striking ``each year'' and inserting ``of each odd-numbered
year''.
SEC. 906. AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER FOR SECURITY
STUDIES OF GIFTS AND DONATIONS FROM NONFOREIGN SOURCES.
(a) Authority.--Subsection (a) of section 2611 of title 10, United
States Code, is amended--
(1) by striking ``Foreign'' in the subsection caption;
(2) by striking ``foreign'' in paragraph (1) after
``Center,''; and
(3) by adding at the end of paragraph (1) the following
sentence: ``Such gifts and donations may be accepted from any
agency of the United States, 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.''.
(b) Conforming Amendments.--Such section is further amended--
(1) by striking ``foreign'' in subsection (c); and
(2) in subsection (f)--
(A) by striking ``Foreign'' in the subsection
caption;
(B) by striking ``foreign'' after ``section, a'';
and
(C) by striking ``from a foreign'' and all that
follows through ``country.'' and inserting a period.
(c) Clerical Amendments.-- The heading of such section, and the
item relating to such section in the table of sections at the beginning
of chapter 155 of such title, are each amended by striking the third
word after the colon.
SEC. 907. REPEAL OF ROTATING CHAIRMANSHIP OF ECONOMIC ADJUSTMENT
COMMITTEE.
Section 4004(b) of the Defense Economic Adjustment,
Diversification, Conversion, and Stabilization Act of 1990 (division D
of Public Law 101-510; 10 U.S.C. 2391 note) is amended--
(1) by striking ``Until October 1, 1997, the'' and
inserting ``The''; and
(2) by striking the second sentence.
SEC. 908. PILOT PROGRAM FOR IMPROVED CIVILIAN PERSONNEL MANAGEMENT.
(a) Pilot Program.--(1) The Secretary of Defense may carry out a
pilot program using an automated workforce management system to
demonstrate improved efficiency in the performance of civilian
personnel management.
(2) Under the pilot program, the Secretary of Defense shall provide
the Secretary of each military department with the authority for the
following:
(A) To use an automated workforce management system for its
civilian workforce to assess its potential to substantially
reduce hiring cycle times, lower labor costs, increase
efficiency, improve performance management, provide better
management reporting, and enable it to make operational new
personnel management flexibilities granted under the civilian
personnel transformation program.
(B) Identify one regional civilian personnel center (or
equivalent) in each military department for participation in
the pilot program.
(3) The Secretary may carry out the pilot program under this
subsection at each selected regional civilian personnel center for a
period of two years beginning not later than March 1, 2004.
(b) Pilot Program Characteristics.--The pilot program civilian
personnel management system shall have at a minimum the following
characteristics:
(1) Currently in use by Federal Government agencies outside
the Department of Defense.
(2) Able to be purchased on an annual subscription basis.
(3) Requires no capital investment, software license fees,
transaction charges, or ``per seat'' or ``concurrent user''
restrictions.
(4) Capable of automating the workforce management
functions of job definition, position management, recruitment,
staffing, and performance management using integrated vendor-
supplied and supported data, expert system rules engines, and
software functionality across those functions.
(5) Has a ``native web'' technical architecture and an
Oracle database.
(6) Fully hosted by the vendor so that the customer
requires only Internet access and an Internet browser to use
the system.
(7) Capable of operating completely ``server side'' so that
no software is required on the client system and no invasive
elements are used.
(c) Implementation Plan.--(1) The Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a plan for the implementation
of the pilot program. The plan shall be submitted no later than six
months after the date of the enactment of this Act.
(2) The plan shall include the following:
(A) The Secretary's request to the Office of Personnel
Management to conduct the pilot program as a Federal civilian
personnel demonstration project under chapter 47 of title 5,
United States Code, or a plan to provide for the pilot program
through another plan.
(B) The expected cost of the pilot program.
(C) Identification of the regional civilian personnel
centers for participation in the pilot program and the criteria
used to select them.
(D) Expected timing for providing to Congress the results
of the pilot program and recommendations of the Secretary.
(d) Implementation.--The Secretary may not begin to implement the
pilot program until a period of 30 days has elapsed after the date of
the submission of the plan for the pilot program under subsection (c).
SEC. 909. EXTENSION OF CERTAIN AUTHORITIES APPLICABLE TO THE PENTAGON
RESERVATION TO INCLUDE DESIGNATED PENTAGON CONTINUITY-OF-
GOVERNMENT LOCATIONS.
Section 2674 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) For purposes of subsections (b), (c), (d), and (e), the terms
`Pentagon Reservation' and `National Capital Region' shall be treated
as including the land and physical facilities at the Raven Rock
Mountain Complex and such other areas of land, locations, and physical
facilities of the Department of Defense within 100 miles of the
District of Columbia as the Secretary of Defense determines are
necessary to meet the needs of the Department of Defense directly
relating to continuity of operations and continuity of government.''.
SEC. 910. DEFENSE ACQUISITION WORKFORCE REDUCTIONS.
(a) Revised Limitation.--Subchapter V of chapter 87 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 1765. Defense acquisition workforce: limitation
``(a) Limitation.--Effective October 1, 2008, the number of defense
acquisition and support personnel in the Department of Defense may not
exceed 75 percent of the baseline number.
``(b) Phased Reduction.--The number of defense acquisition and
support personnel in the Department of Defense--
``(1) as of October 1, 2004, may not exceed 95 percent of
the baseline number;
``(2) as of October 1, 2005, may not exceed 90 percent of
the baseline number;
``(3) as of October 1, 2006, may not exceed 85 percent of
the baseline number; and
``(4) as of October 1, 2007, may not exceed 80 percent of
the baseline number.
``(c) Baseline Number.--In this section, the term `baseline number'
means the number of defense acquisition and support personnel in the
Department of Defense as of October 1, 2003.
``(d) Defense Acquisition and Support Personnel Defined.--In this
section, the term `defense acquisition and support personnel' means
military and civilian personnel (other than civilian personnel who are
employed at a maintenance depot) who are assigned to, or employed in,
acquisition organizations of the Department of Defense (as specified in
Department of Defense Instruction numbered 5000.58 dated January 14,
1992), and any other organizations which the Secretary may determine to
have a predominantly acquisition mission.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``1765. Defense acquisition workforce: limitation.''.
SEC. 911. REQUIRED FORCE STRUCTURE.
(a) Army.--Section 3062 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(e) The Army shall be so organized as to include not less than--
``(1) 10 active and eight National Guard combat divisions
or their equivalents;
``(2) one active armored cavalry regiment and one light
cavalry regiment or their equivalents;
``(3) 15 National Guard enhanced brigades or their
equivalents; and
``(4) such other active and reserve component land combat,
rotary-wing aviation, and other services as may be required to
support forces specified in paragraphs (1) through (3).''.
(b) Navy.--Section 5062 of such title is amended by adding at the
end the following new subsection:
``(d) The Navy, within the Department of the Navy, shall be so
organized as to include--
``(1) not less than 305 vessels in active service;
``(2) not less than 12 aircraft carrier battle groups or
their equivalents, not less than 12 amphibious ready groups or
their equivalents, not less than 55 attack submarines, not less
than 108 active surface combatant vessels, and not less than 8
reserve combatant vessels; and
``(3) such other active and reserve naval combat, naval
aviation, and service forces as may be required to support
forces specified in paragraphs (1) and (2).''.
(c) Air Force.--Section 8062 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(g) Notwithstanding subsection (e), the Air Force shall be so
organized as to include not less than--
``(1) 46 active fighter squadrons or their equivalents;
``(2) 38 National Guard and Reserve squadrons or their
equivalents;
``(3) 96 combat-coded bomber aircraft in active service;
and
``(4) such other squadrons, reserve groups, and supporting
auxiliary and reserve units as may be required to support
forces specified in paragraphs (1) through (3).''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 2004 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$2,500,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR
2003.
(a) DOD Authorizations.--Amounts authorized to be appropriated to
the Department of Defense for fiscal year 2003 in the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314) are hereby adjusted, with respect to any such authorized
amount, by the amount by which appropriations pursuant to such
authorization are increased (by a supplemental appropriation) or
decreased (by a rescission), or both, or are increased by a transfer of
funds, pursuant to the following:
(1) Chapters 3 and 8 of title I of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-11).
(2) Any Act enacted after May 23, 2003, making supplemental
appropriations for fiscal year 2003 for the military functions
of the Department of Defense.
(b) NNSA Authorizations.--Amounts authorized to be appropriated to
the Department of Energy for fiscal year 2003 in the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314) are
hereby adjusted, with respect to any such authorized amount, by the
amount by which appropriations pursuant to such authorization are
increased (by a supplemental appropriation) or decreased (by a
rescission), or both, or are increased by a transfer of funds, pursuant
to the following:
(1) Chapter 4 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11).
(2) Any Act enacted after May 23, 2003, making supplemental
appropriations for fiscal year 2003 for the atomic energy
defense activities of the Department of Energy.
SEC. 1003. AUTHORITY TO TRANSFER PROCUREMENT FUNDS FOR A MAJOR DEFENSE
ACQUISITION PROGRAM FOR CONTINUED DEVELOPMENT WORK ON
THAT PROGRAM.
(a) Authority.--Section 2214 of title 10, United States Code, is
amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Transfer of Procurement Funds For Development Activities for
Major Defense Acquisition Systems.--(1) In the case of a major defense
acquisition program (as defined in section 2430 of this title) for
which funds are currently available both for procurement and for
research, development, test, and evaluation, if the Secretary concerned
determines that funds are required for further research, development,
test, and evaluation activities for that program in excess of the funds
currently available for that purpose, the Secretary may (subject to
paragraph (2)) transfer funds available for that program for
procurement to funds available for that program for research,
development, test, and evaluation for the purpose of continuing
research, development, test, and evaluation activities for that
program.
``(2)(A) The total amount transferred under the authority of
paragraph (1) for any acquisition program may not exceed $20,000,000.
``(B) The total amount transferred under the authority of paragraph
(1) from amounts made available for any fiscal year may not exceed
$250,000,000.
``(3) The authority provided by paragraph (1) is in addition to any
other transfer authority that may be provided by law.
``(4) Upon a determination that all or part of the funds
transferred under paragraph (1) are not necessary for the purpose for
which the transfer was made, such amounts may be transferred back to a
Procurement appropriation for the purpose of procurement of the
acquisition program for which funds were transferred.''.
(b) Effective Date.--The amendments made by subsection (a) shall
not apply with respect to funds appropriated for a fiscal year before
fiscal year 2004.
SEC. 1004. 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. 1005. AUTHORITY FOR RETENTION OF ADDITIONAL AMOUNTS REALIZED FROM
ENERGY COST SAVINGS.
(a) Increase in Amount of Energy Cost Savings Retained.--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''.
(b) Effective Date.--The amendment made by subsection (a) shall not
apply to funds appropriated for a fiscal year before fiscal year 2004.
SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE
DEPARTMENT OF DEFENSE.
Section 1405 of the Department of Defense Authorization Act, 1986
(Public Law 99-145; 31 U.S.C. 1105 note), is repealed.
SEC. 1007. AUTHORITY TO PROVIDE REIMBURSEMENT FOR USE OF PERSONAL
CELLULAR TELEPHONES WHEN USED FOR OFFICIAL GOVERNMENT
BUSINESS.
(a) In General.--(1) Chapter 134 of title 10, United States Code,
is amended by inserting after section 2257 the following new section:
``Sec. 2258. Personal cellular telephones: reimbursement when used for
Government business
``(a) General Authority.--The Secretary of Defense may reimburse
members of the Army, Navy, Air Force, and Marine Corp, and civilian
officers and employees of the Department of Defense, for cellular
telephone use on a privately owned cellular telephone when used on
official Government business. Such reimbursement shall be on a flat-
rate basis.
``(b) Reimbursement Rate.--The Secretary of Defense may prescribe
the reimbursement rate for purposes of subsection (a). That
reimbursement rate may not exceed the equivalent Government costs of
providing a cellular telephone to employees on official Government
business.''.
(2) The table of sections at the beginning of subchapter II of such
chapter is amended by inserting after the item relating to section 2257
the following new item:
``2258. Personal cellular telephones: reimbursement when used for
Government business.''.
(b) Effective Date.--Section 2258 of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 2003, and
shall apply with respect to the use of cellular phones on or after that
date.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. REPEAL OF REQUIREMENT REGARDING PRESERVATION OF SURGE
CAPABILITY FOR NAVAL SURFACE COMBATANTS.
(a) Repeal.--Section 7296 of title 10, United States Code, is
amended by striking subsection (b).
(b) Clerical Amendments.--Such section is further amended--
(1) by striking ``(3) Any notification under paragraph
(1)(A)'' and inserting ``(b) Content of Notification.--Any
notification under subsection (a)(1)(A)'';
(2) by redesignating subparagraphs (A), (B), and (C) of
subsection (b) (as redesignated by paragraph (1)) as paragraphs
(1), (2), and (3), respectively; and
(3) by striking ``subparagraph (B)'' in subsection (b)(3)
(as redesignated by paragraphs (1) and (2)) and inserting
``paragraph (2)''.
SEC. 1012. ENHANCEMENT OF AUTHORITY RELATING TO USE FOR EXPERIMENTAL
PURPOSES OF VESSELS STRICKEN FROM NAVAL VESSEL REGISTER.
(a) Sale of Material and Equipment Stripped From Vessel.--
Subsection (b)(1) of section 7306a of title 10, United States Code, is
amended 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.''.
(b) Use of Proceeds.--(1) Subsection (b)(2) of such section is
amended by striking ``scrapping services'' and all that follows through
the end of such subsection and inserting ``services needed for such
stripping and for environmental remediation required for the use of the
vessel for experimental purposes. Amounts received in excess of amounts
needed for reimbursement of those costs shall be deposited into the
account from which the stripping and environmental remediation expenses
were incurred and shall be available for stripping and environmental
remediation of other vessels to be used for experimental purposes.''.
(2) The amendment made by paragraph (1) shall not apply with
respect to proceeds from the stripping of a vessel under any vessel
stripping contract entered into before the date of the enactment of
this Act.
(c) Clarification of Covered Experimental Purposes.--Such section
is further amended by adding at the end the following new subsection:
``(c) Use for Experimental Purposes Defined.--In this section, the
term `use for experimental purposes' includes use of a vessel in a Navy
sink exercise or for target purposes.''.
SEC. 1013. AUTHORIZATION FOR TRANSFER OF VESSELS STRICKEN FROM NAVAL
VESSEL REGISTER FOR USE AS ARTIFICIAL REEFS.
(a) Authority.--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.--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
for use as an artificial reef as provided in subsection (b).
``(b) Vessel To Be Used as Artificial Reef.--An agreement for the
transfer of a vessel under subsection (a) shall require that--
``(1) the transferee use, site, construct, monitor, and
manage the vessel only as an artificial reef in accordance with
the requirements of the National Fishing Enhancement Act of
1984 (33 U.S.C. 2101 et seq.), except that the transferee also
may use the artificial reef to enhance diving opportunities if
that use does not have an adverse effect on fishery resources;
and
``(2) the transferee shall obtain, and bear all of the
responsibility for complying with, all 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 a conveyance authorized by this section as the
Secretary considers appropriate.
``(d) Cost Sharing on Transfers.--The Secretary of the Navy may
share with the recipient any of the costs associated with transferring
a 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.
``(f) Definition.--In this section, the term `fishery resources'
has the meaning given such term in section 3(14) of the Magnuson-
Stevens Fishery Conservation and Management Act of 1976 (16 U.S.C.
1802(14)).''.
(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. PILOT PROGRAM FOR SEALIFT SHIP CONSTRUCTION.
(a) Establishment of Pilot Program.--The Secretary of the Navy may
establish a pilot program, under which the Secretary of the Navy,
subject to the availability of appropriations, may guarantee loans
for--
(1) the construction in a United States shipyard of two
qualified sealift ships that are to be documented under the
laws of the United States for use in United States-flag
commercial service; and
(2) the acquisition of facilities or equipment pertaining
to the marine operations of those ships, which may include
specialized loading equipment.
(b) Conditions of Guarantee.--A guarantee under this section is
subject to the following conditions:
(1) MSP.--The owner of the ships for which guarantees are
issued shall apply for an operating agreement with the
Secretary of Transportation under subtitle B of title XXXV.
(2) NDF; charter.--If the Secretary of the Navy requests,
the owner of the ships shall engage in negotiations on
reasonable terms and conditions for--
(A) installation and maintenance of defense
features for national defense purposes on one or both
ships under section 2218 of title 10, United States
Code; and
(B) a short-term charter to the United States
Government of at least one ship for which a guarantee
is issued, for a period of at least 60 days prior to
entry into commercial service, for the purpose of
demonstrating the military capabilities of the ships.
(c) Payment of Cost.--The cost of a guarantee under this section
shall be paid for with amounts made available in appropriations Acts.
(d) Percentage Limitation; Term.--A guarantee under this section
may apply--
(1) to up to 87.5 percent of the loan principal; and
(2) for a term ending up to 25 years after delivery of the
second ship.
(e) Authorities, Procedures, Requirements, and Restrictions.--The
Secretary of the Navy, subject to the other provisions of this
section--
(1) in implementing this section, may exercise authorities
that are substantially the same as the authorities available to
the Secretary of Transportation under title XI of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1271 et seq.) with respect to
loan guarantees under that title;
(2) shall implement this section under procedures,
requirements, and restrictions that are substantially the same
as those under which loan guarantees are made under that title,
including the regulations implementing that title; and
(3) may establish such additional requirements for loan
guarantees under this section as the Secretary determines to be
necessary to minimize the cost of such guarantees.
(f) Interagency Agreement.--The Secretary of Transportation shall
enter into an interagency agreement or other appropriate arrangement
with the Secretary of the Navy to make available to the Department of
the Navy such Maritime Administration personnel with expertise in
vessel construction financing as are necessary to carry out the program
under this section.
(g) Definitions.--In this section:
(1) Cost.--The term ``cost'', with respect to a loan
guarantee under this section, has the meaning given that term
in section 502 of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 661a).
(2) Qualified sealift ship.--The term ``qualified sealift
ship'' means a roll-on, roll-off vessel that is--
(A) militarily useful for additional medium- to
long-haul strategic sealift capacity;
(B) designed to carry at least 10,000 tons of
cargo; and
(C) capable of operating commercially in the
foreign commerce of the United States.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Navy to carry out this section
$40,000,000.
Subtitle C--Reports
SEC. 1021. REPEAL AND MODIFICATION OF VARIOUS REPORTING REQUIREMENTS
APPLICABLE TO THE DEPARTMENT OF DEFENSE.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 113 is amended by striking subsection (m).
(2) Section 117(e) is amended by striking ``each month''
and all that follows through ``subsection (d)'' and inserting
``each quarter submit to the congressional defense committees a
report in writing containing the results of the most recent
joint readiness review under subsection (d)(1)(A)''.
(3) Section 127(d) is amended to read as follows:
``(d) Annual Report.--Not later than December 1 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on expenditures during the preceding fiscal year
under subsections (a) and (b).''.
(4) Section 127a is amended--
(A) in subsection (a)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraph (4) as
paragraph (3); and
(B) by striking subsection (d).
(5) Section 128 is amended by striking subsection (d).
(6) Section 184 is amended by striking subsection (b).
(7) Section 226(a) is amended--
(A) by striking ``December 15'' and inserting
``January 15''; and
(B) by striking ``in the following year'' in
paragraph (1) and inserting ``in that year''.
(8)(A) Section 228 is amended--
(i) in subsection (a)--
(I) by striking ``Monthly'' in the
subsection heading and inserting ``Quarterly'';
(II) by striking ``monthly'' and inserting
``quarterly''; and
(III) by striking ``month'' and inserting
``fiscal-year quarter''; and
(ii) in subsection (c), by striking ``month'' each
place it appears and inserting ``quarter''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 228. Quarterly reports on allocation of funds within operation
and maintenance budget subactivities''.
(ii) The item relating to section 228 in the table of
sections at the beginning of chapter 9 is amended to read as
follows:
``228. Quarterly reports on allocation of funds within operation and
maintenance budget subactivities.''.
(9)(A) Section 484 is repealed.
(B) The table of sections at the beginning of such chapter
is amended by striking the item relating to section 484.
(10)(A) Section 520c is amended--
(i) by striking subsection (b);
(ii) by striking ``(a) Provision of Meals and
Refreshments.--''; and
(iii) by striking the heading for such section and
inserting the following:
``Sec. 520c. Recruiting functions: provision of meals and
refreshments''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 31 is amended to read as
follows:
``520c. Recruiting functions: provision of meals and refreshments.''.
(11) Section 983(e)(1) is amended by striking ``and to
Congress''.
(12) Section 1060 is amended by striking subsection (d).
(13) Section 1130 is amended--
(A) in subsection (a), by striking ``the other
determinations necessary to comply with subsection
(b)'' and inserting ``respond with a detailed
description of the rationale supporting the
determination''; and
(B) by striking subsection (b).
(14) Section 1557 is amended by striking subsection (e).
(15) Section 1563 is amended--
(A) in subsection (a), by striking ``the other
determinations necessary to comply with subsection
(b)'' and inserting ``respond with a detailed
description of the rationale supporting the
determination''; and
(B) by striking subsection (b).
(16) Section 2010 is amended by striking subsection (b).
(17) Section 2166 is amended--
(A) in subsection (e)(5), by inserting ``and to
Congress'' after ``to the Secretary of Defense''; and
(B) by striking subsection (i).
(18) Section 2208(j)(2) is amended by striking ``and
notifies Congress regarding the reasons for the waiver''.
(19) Section 2216(i) is amended--
(A) by striking ``Quarterly Reports.--(1) Not later
than 15 days after the end of each calendar quarter''
and inserting ``Annual Report.--(1) Not later than 60
days after the end of each fiscal year''; and
(B) by striking ``quarter'' in subparagraphs (A),
(B), and (C) of paragraph (1) and inserting ``fiscal
year''.
(20) Section 2224(e) is amended by inserting ``through
2007'' after ``Each year''.
(21) Section 2255(b)--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' after ``(b) Exception.--''.
(22) Section 2281 is amended by striking subsection (d).
(23)(A) Section 2282 is repealed.
(B) The table of sections at the beginning of chapter 136
is amended by striking the item relating to section 2282.
(24) Section 2323 is amended--
(A) in subsection (d)--
(i) by striking ``Defense--'' and all that
follows through ``the extent'' and inserting
``Defense to the extent'';
(ii) by striking ``; and'' and inserting a
period; and
(iii) by striking paragraph (2); and
(B) by striking subsection (i).
(25) Section 2327(c)(1) is amended--
(A) in subparagraph (A), by striking ``after the
date on which such head of an agency submits to
Congress a report on the contract'' and inserting ``if
in the best interests of the Government'';
(B) in subparagraph (B), by striking ``A report
under subparagraph (A)'' and inserting ``The Secretary
shall maintain records of each contract entered into by
reason of subparagraph (A). Such records''; and
(C) by striking subparagraph (C).
(26) Section 2350j is amended by striking subsections (e)
and (g).
(27) Section 2367 is amended by striking subsection (d).
(28) Section 2371 is amended by striking subsection (h).
(29) Section 2374a is amended by striking subsection (e).
(30) Section 2410m(c) is amended--
(A) by striking ``Reporting Requirement.--Each
year'' and inserting ``Annual Report.--Not later than
60 days after the end of each fiscal year'';
(B) by inserting ``at the end of such fiscal year''
in paragraph (1) before the period;
(C) by striking ``during the year preceding the
year in which the report is submitted'' in paragraph
(2) and inserting ``under this section during that
fiscal year'';
(D) by striking ``in such preceding year'' in
paragraph (3) and inserting ``under this section during
that fiscal year''; and
(E) by striking ``in such preceding year'' in
paragraph (4) and inserting ``under this section during
that fiscal year''.
(31) Section 2433 is amended--
(A) in subsection (d)--
(i) in paragraphs (1) and (2), by striking
``, or by at least 25 percent,''; and
(ii) in paragraph (3)--
(I) by striking ``or by at least 25
percent,'' both places it appears; and
(II) by inserting a comma after
``paragraph (1)''; and
(B) in subsection (e)--
(i) by striking paragraph (2);
(ii) by redesignating paragraph (3) as
paragraph (2);
(iii) in paragraph (2), as so redesignated,
by striking ``or if a'' in the first sentence
and all that follows through ``paragraph
(2),''; and
(iv) by designating the second sentence of
such paragraph as paragraph (3) and in that
paragraph--
(I) by inserting ``under paragraph
(2)'' after ``The prohibition''; and
(II) by striking ``the date--'' and
all that follows through ``subsection
(d).'' and inserting ``the date on
which Congress receives the Selected
Acquisition Report under paragraph (1)
with respect to that program.''.
(32) Section 2457 is amended by striking subsection (d).
(33) Section 2493 is amended by striking subsection (g).
(34) Section 2515 is amended by striking subsection (d).
(35) Section 2521 is amended by striking subsection (e).
(36) Section 2536 is amended--
(A) in subsection (b)(2)--
(i) by striking ``notify Congress'' in the
first sentence and inserting ``maintain a
record''; and
(ii) by striking the second sentence and
inserting the following: ``The records
maintained under the preceding sentence with
respect to a waiver shall include a
justification in suport of the decision to
grant the waiver and shall be retrievable for
any particular waiver or for waivers during any
period of time.''; and
(B) by adding at the end the following new
subsection:
``(d) The Secretary of Defense shall maintain an account of actions
relating to the award of contracts to a prime contractor. The Secretary
of Defense shall include in such accounts the reasons for exercising
the awards and the work expected to be performed.''.
(37) Section 2541d is amended--
(A) by striking subsection (b); and
(B) in subsection (a), by striking ``(a)'' and all
that follows through ``The Secretary of Defense'' and
inserting ``The Secretary of Defense''.
(38) Section 2561 is amended by striking subsections (c),
(d) and (f).
(39) Section 2563(c)(2) is amended by striking ``and
notifies Congress regarding the reasons for the waiver''.
(40) Section 2645 is amended by striking subsections (d)
and (g).
(41) Section 2667a(c)(2) is amended by striking ``45 days''
and inserting ``14 days''.
(42) Section 2676(d) is amended by striking ``21 days'' and
inserting ``14 days''.
(43) Section 2680 is amended by striking subsection (e).
(44) Section 2696 is amended by striking subsections (c)
and (d).
(45) Section 2703(c)(2) is amended--
(A) by striking subparagraph (B);
(B) by striking ``unless the Secretary--'' and all
that follows through ``determines that'' and inserting
``unless the Secretary determines that''; and
(C) by redesignating clauses (i), (ii), and (iii)
as subparagraphs (A), (B), and (C), respectively, and
realigning such subparagraphs (as so redesignated) two
ems from the left margin.
(46)(A) Section 2723 is repealed.
(B) The table of sections at the beginning of chapter 161
is amended by striking the item relating to section 2723.
(47) Section 2803(b) is amended by striking ``21-day
period'' and inserting ``seven-day period''.
(48) Section 2804(b) is amended by striking ``21-day
period'' and inserting ``14-day period''.
(49) Section 2805(b) is amended--
(A) in paragraph (1), by striking ``$750,000'' and
inserting ``$1,000,000''; and
(B) in paragraph (2), by striking ``21-day period''
and inserting ``seven-day period'''.
(50) Section 2807 is amended--
(A) in subsection (b)--
(i) by striking ``$500,000'' and inserting
``$1,000,000''; and
(ii) by striking ``not less than 21 days'';
and
(B) in subsection (c)(2), by striking ``21 days''
and inserting ``14 days''.
(51) Section 2809(f)(2) is amended by striking ``21
calendar days'' and inserting ``14 days''.
(52) Section 2812(c)(1)(B) is amended by striking ``21
days'' and inserting ``14 days''.
(53) Section 2813(c) is amended by striking ``30-day
period'' and inserting ``21-day period''.
(54) Section 2825 is amended--
(A) by striking ``21 days'' in the last sentence of
subsection (b)(1)(B) and inserting ``14 days''; and
(B) by striking ``21 days'' in subsection (c)(1)(D)
and inserting ``14 days''.
(55) Section 2826 is amended--
(A) by striking ``(a) Local Comparability.--''; and
(B) by striking subsection (b).
(56) Section 2827(b)(2) is amended by striking ``21 days''
and inserting ``14 days''.
(57) Section 2836(f)(2) is amended by striking ``21
calendar days'' and inserting ``14 days''.
(58) Section 2837(c)(2) is amended by striking ``21-day
period'' and inserting ``14-day period''.
(59) Section 2854(b) is amended by striking ``21-day
period'' and inserting ``seven-day period''.
(60) Section 2854a(c)(2) is amended by striking ``21
calendar days'' and inserting ``14 days''.
(61) Section 2865 is amended--
(A) in subsection (e)--
(i) by striking ``(1)'' before ``The
Secretary''; and
(ii) by striking paragraph (2); and
(B) by striking subsection (f).
(62) Section 2866(c) is amended--
(A) by striking ``(1)'' before ``The Secretary'';
and
(B) by striking paragraph (2).
(63) Section 2867(c) is amended by striking ``21-day
period'' and inserting ``14-day period''.
(64) Section 2875(e) is amended by striking ``30-day
period'' and inserting ``14-day period''.
(65) Section 2883(f) is amended by striking ``30-day
period'' and inserting ``14-day period''.
(66) Section 2902(g) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' after ``(g)''.
(67) Section 4342(h) is amended by striking ``Secretary of
the Army'' and inserting ``Superintendent''.
(68) Section 4357(c) is amended is amended by striking
``the expiration of 30 days following''.
(69) Section 6954(f) is amended by striking ``Secretary of
the Navy'' and inserting ``Superintendent of the Naval
Academy''.
(70) Section 6975(c) is amended is amended by striking
``the expiration of 30 days following''.
(71) Section 7049(c) is amended--
(A) by striking ``Certification'' in the subsection
heading and inserting ``Determination''; and
(B) by striking ``, and certifies to'' and all that
follows through ``House of Representatives,''.
(72) Section 9342(h) is amended by striking ``Secretary of
the Air Force'' and inserting ``Superintendent''.
(73) Section 9356(c) is amended is amended by striking
``the expiration of 30 days following''.
(74) Section 12302--
(A) in subsection (b), by striking the last
sentence; and
(B) by striking subsection (d).
(75)(A) Section 16137 is repealed.
(B) The table of sections at the beginning of chapter 1606
is amended by striking the item relating to section 16137.
(b) National Defense Authorization Act for Fiscal Year 1991.--Part
B of title XXIX of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 2687 note) is amended as
follows:
(1) Section 2921 is amended--
(A) in subsection (f)(1), by striking ``30 days''
and inserting ``14 days''; and
(B) in subsection (g), by striking ``30 days'' in
paragraphs (1) and (2) and inserting ``14 days''.
(2) Section 2926 is amended by striking subsection (g).
(c) National Defense Authorization Act for Fiscal Years 1992 and
1993.--The National Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190) is amended as follows:
(1) Section 734 (10 U.S.C. 1074 note) is amended by
striking subsection (c).
(2) Section 2868(a) (10 U.S.C. 2802 note) is amended by
striking ``The Secretary of Defense'' and all that follows
through ``is to be authorized'' and inserting ``Not later than
30 days after the date on which a decision is made selecting
the site or sites for the permanent basing of a new weapon
system, the Secretary of Defense shall submit to Congress''.
(d) National Defense Authorization Act for Fiscal Year 1993.--The
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484) is amended as follows:
(1) Section 324 (10 U.S.C. 2701 note) is amended--
(A) by striking ``(a) Sense of Congress.--''; and
(B) by striking subsection (b).
(2) Section 1082(b)(1) (10 U.S.C. 113 note) is amended by
striking ``the Secretary of Defense--'' and all that follows
and inserting ``the Secretary of Defense determines that it is
in the national security interests of the United States for the
military departments to do so.''.
(e) National Defense Authorization Act for Fiscal Year 1995.--
Section 721 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 10 U.S.C. 1074 note) is amended by striking
subsection (h).
(f) National Defense Authorization Act for Fiscal Year 1997.--The
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201) is amended as follows:
(1) Section 324 (10 U.S.C. 2706 note) is amended by
striking subsection (c).
(2) Section 1065(b) (10 U.S.C. 113 note) is amended--
(A) by striking ``(1)'' before ``Notwithstanding'';
and
(B) by striking paragraph (2).
(g) Department of Defense Appropriations Act, 1997.--Section 8009
of the Department of Defense Appropriations Act, 1997 (as contained in
section 101(b) of Public Law 104-208; 110 Stat. 3009-89), is amended by
striking ``, unless the congressional defense committees have been
notified at least thirty days in advance of the proposed contract
award''.
(h) National Defense Authorization Act for Fiscal Year 1998.--
Section 349 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 10 U.S.C. 2702 note) is amended by striking
subsection (e).
(i) Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999.--The Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261) is amended as follows:
(1) Section 745(e) (10 U.S.C. 1071 note) is amended--
(A) by striking ``(1)'' before ``The Secretary of
Defense''; and
(B) by striking paragraph (2).
(2) Section 1223 (22 U.S.C. 1928 note) is repealed.
(j) National Defense Authorization Act for Fiscal Year 2000.--The
National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65) is amended as follows:
(1) Section 212 (10 U.S.C. 2501 note) is amended by
striking subsection (c).
(2) Section 724 (10 U.S.C. 1092 note) is amended by
striking subsection (e).
(4) Section 1039 (10 U.S.C. 113 note) is amended by
striking subsection (b).
(k) Military Construction Appropriations Act, 2001.--Section 125 of
the Military Construction Appropriations Act, 2001 (division A of
Public Law 106-246; 114 Stat. 517), is repealed.
(l) Department of Defense Appropriations Act, 2001.--Section 8019
of the Department of Defense Appropriations Act, 2001 (Public Law 106-
259; 114 Stat. 678; 10 U.S.C. 2687 note), is amended by striking ``of
Congress:'' and all that follows through ``this provision'' and
inserting ``of Congress''.
(m) Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001.--Section 1006 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-247; 10 U.S.C. 2226 note), is amended by
striking subsection (c).
(n) Department of Defense Appropriations Act, 2002.--Section 8009
of the Department of Defense Appropriations Act, 2002 (division A of
Public Law 107-117; 115 Stat. 2249; 10 U.S.C. 401 note), is amended by
striking ``, and these obligations shall be reported to the Congress''.
SEC. 1022. REPORT ON OPERATION IRAQI FREEDOM.
(a) Report Required.--Not later than June 15, 2004, the Secretary
of Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on Operation Iraqi Freedom. The Secretary
shall submit to those committees a preliminary report on the conduct of
those hostilities not later than January 15, 2004.
(b) Discussion of Accomplishments and Shortcomings.--The report
(and the preliminary report, to the extent feasible) shall contain a
discussion, with a particular emphasis on accomplishments and
shortcomings, of the following matters:
(1) The military objectives of the multinational coalition.
(2) The military strategy of the multinational coalition to
achieve those military objectives and how the military strategy
contributed to the achievement of those objectives.
(3) The deployment of United States forces and the
transportation of supplies to the theater of operations,
including an assessment of airlift, sealift, afloat
prepositioning ships, and Maritime Prepositioning Squadron
ships.
(4) The conduct of military operations.
(5) The use of special operations forces, including
operational and intelligence uses classified under special
access procedures.
(6) The use and performance of United States military
equipment, weapon systems, and munitions (including items
classified under special access procedures) and an analysis
of--
(A) any equipment or capabilities that were in
research and development and if available could have
been used in the theater of operations; and
(B) any equipment or capabilities that were
available and could have been used but were not
introduced into the theater of operations.
(7) The scope of logistics support, including support from
other nations.
(8) The acquisition policies and processes used to support
the forces in the theater of operations.
(9) The personnel management actions taken to support the
forces in the theater of operations.
(10) The effectiveness of reserve component forces,
including a discussion of each of the following matters:
(A) The readiness and activation of such forces.
(B) The decisionmaking process regarding both
activation of reserve component forces and deployment
of those forces to the theater of operations.
(C) The post-activation training received by such
forces.
(D) The integration of forces and equipment of
reserve component forces into the active component
forces.
(E) The use and performance of the reserve
component forces in operations in the theater of
operations.
(F) The use and performance of such forces at duty
stations outside the theater of operations.
(11) The role of the law of armed conflict in the planning
and execution of military operations by United States forces
and the other coalition forces and the effects on operations of
Iraqi compliance or noncompliance with the law of armed
conflict, including a discussion regarding each of the
following matters:
(A) Use of Iraqi civilians as human shields.
(B) Collateral damage and civilian casualties.
(C) Treatment of prisoners of war.
(D) Repatriation of prisoners of war.
(E) Use of ruses and acts of perfidy.
(F) War crimes.
(G) Environmental terrorism.
(H) Conduct of neutral nations.
(12) The actions taken by the coalition forces in
anticipation of, and in response to, Iraqi acts of
environmental terrorism.
(13) The actions taken by the coalition forces in
anticipation of possible Iraqi use of weapons of mass
destruction.
(14) Evidence of Iraqi weapons of mass destruction programs
and Iraqi preparations for the use of such weapons.
(15) The contributions of United States and coalition
intelligence and counterintelligence systems and personnel,
including contributions regarding bomb damage assessments and
particularly including United States tactical intelligence and
related activities (TIARA) programs and the Joint Military
Intelligence Program (JMIP).
(16) Command, control, communications, and operational
security of the coalition forces as a whole, and command,
control, communications, and operational security of the United
States forces.
(17) The rules of engagement for the coalition forces.
(18) The actions taken to reduce the casualties among
coalition forces caused by the fire of such forces.
(19) The role of supporting combatant commands and Defense
Agencies of the Department of Defense.
(20) The policies and procedures relating to the media,
including the use of embedded media.
(21) The assignment of roles and missions to the United
States forces and other coalition forces and the performance of
those forces in carrying out their assigned roles and missions.
(22) The preparedness, including doctrine and training, of
the United States forces.
(23) The acquisition of foreign military technology from
Iraq, and any compromise of military technology of the United
States or other countries in the multinational coalition.
(24) The problems posed by Iraqi possession and use of
equipment produced in the United States and other coalition
nations.
(25) The use of deception by Iraqi forces and by coalition
forces.
(26) The military criteria used to determine when to
progress from one phase of military operations to another phase
of military operations.
(27) The role, if any, of the Status of Resources and
Training System (SORTS) in determining which units would be
employed during the operation.
(28) The role of the Coast Guard.
(29) The direct and indirect cost of military operations,
including an assessment of the total incremental expenditures
made by the Department of Defense as a result of Operation
Iraqi Freedom.
(c) Casualty Statistics.--The report (and the preliminary report,
to the extent feasible) shall also contain--
(1) the number of military and civilian casualties
sustained by coalition nations; and
(2) estimates of such casualties sustained by Iraq and by
nations not directly participating in hostilities during
Operation Iraqi Freedom.
(d) Classification of Reports.--The Secretary of Defense shall
submit both the report and the preliminary report in a classified form
and an unclassified form.
SEC. 1023. REPORT ON DEPARTMENT OF DEFENSE POST-CONFLICT ACTIVITIES IN
IRAQ.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the activities of the Department of Defense in
post-conflict Iraq.
(b) Report Elements.--The report shall discuss the range of
infrastructure reconstruction, civil administration, humanitarian
assistance, interim governance, and political development activities
undertaken in Iraq by officials of the Department and by those
civilians reporting to the Secretary of Defense and the missions
undertaken in Iraq by United States military forces during the post-
conflict period. In particular, the report shall include a discussion
of the following:
(1) The evolution of the organizational structure of the
civilian groups reporting to the Secretary, including the
Office of Reconstruction and Humanitarian Assistance, on issues
of Iraqi post-conflict administration and reconstruction and
the factors influencing that evolution.
(2) The relationship of the Department of Defense with
other United States departments and agencies involved in post-
conflict administration and reconstruction planning and
execution in Iraq.
(3) The relationship of Department of Defense entities,
including the Office of Reconstruction and Humanitarian
Assistance, with intergovernmental and nongovernmental
organizations contributing to the reconstruction and governance
efforts.
(4) Progress made to the date of the report in--
(A) rebuilding Iraqi infrastructure;
(B) providing for the humanitarian needs of the
Iraqi people;
(C) reconstituting the Iraqi governmental
bureaucracy and its provision of services; and
(D) developing mechanisms of fully transitioning
Iraq to representative self-government.
(5) Progress made to the date of the report by Department
of Defense civilians and military personnel in accounting for
any Iraqi weapons of mass destruction and associated weapons
capabilities.
(6) Progress made to the date of the report by United
States military personnel in providing security in Iraq and in
transferring security functions to a reconstituted Iraqi police
force and military.
(7) The Secretary's assessment of the scope of the ongoing
needed commitment of United States military forces and of the
remaining tasks to be completed by Department of Defense
civilian personnel in the governance and reconstruction areas,
including an estimate of the total expenditures the Department
of Defense expects to make for activities in post-conflict
Iraq.
SEC. 1024. REPORT ON DEVELOPMENT OF MECHANISMS TO BETTER CONNECT
DEPARTMENT OF DEFENSE SPACE CAPABILITIES TO THE WAR
FIGHTER.
Not later than March 15, 2004, the Secretary of Defense shall
submit to the congressional defense committees a report on development
and implementation of systematic mechanisms to provide for integrating
into activities of the United States Strategic Command planning and
requirements for connecting space capabilities of that command with the
war fighter.
Subtitle D--Procurement of Defense Biomedical Countermeasures
SEC. 1031. RESEARCH AND DEVELOPMENT OF DEFENSE BIOMEDICAL
COUNTERMEASURES.
(a) In General.--The Secretary of Defense (in this section referred
to as the ``Secretary'') shall carry out a program to accelerate the
research, development and procurement of biomedical countermeasures,
including but not limited to therapeutics and vaccines, for the
protection of the Armed Forces from attack by one or more biological,
chemical, radiological, or nuclear agents.
(b) Interagency Cooperation.--(1) In carrying out the program under
subsection (a), the Secretary may enter into interagency agreements and
other collaborative undertakings with other Federal agencies. Under
such agreements and undertakings, the participating agencies are
authorized to provide funds and receive funds from other participating
agencies.
(2) The Secretary, in consultation with the Secretary of Health and
Human Services and the Secretary of Homeland Security, shall ensure
that the activities of the Department of Defense in carrying out the
program are coordinated with, complement, and do not unnecessarily
duplicate activities of the Department of Health and Human Services or
the Department of Homeland Security.
(c) Expedited Procurement Authority.--(1)(A) For any procurement by
the Secretary, of property or services for use (as determined by the
Secretary) in performing, administering, or supporting biomedical
countermeasures research or development, the amount specified in
section 4(11) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(11)), as applicable pursuant to section 302A(a) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)), shall be deemed to be $25,000,000 in the administration, with
respect to such procurement, of sections 302A(b) (41 U.S.C. 252a(b))
and 303(g)(1)(A) (42 U.S.C. 253(g)(1)(A)) of the Federal Property and
Administrative Services Act of 1949 and the regulations implementing
those sections.
(B) The Secretary shall institute appropriate internal controls for
use of the authority under subparagraph (A), including requirements for
documenting the justification for each use of such authority.
(2)(A) For a procurement described in paragraph (1), the amount
specified in subsections (c), (d), and (f) of section 32 of the Office
of Federal Procurement Policy Act (41 U.S.C. 428) shall be deemed to be
$15,000 in the administration of that section with respect to such
procurement.
(B) The Secretary shall institute appropriate internal controls for
each use of the authority under subparagraph (A) for a procurement
greater than $2,500.
(d) Facilities Authority.--(1) The Secretary may acquire, lease,
construct, improve, renovate, remodel, repair, operate, and maintain
laboratories, other research facilities and equipment, and other real
or personal property that the Secretary determines necessary for
carrying out the program under this section. The authority under this
paragraph is in addition to any other authority under law.
(2) Nothing in this section shall be construed to authorize the
Secretary to acquire, lease, construct, improve, renovate, remodel,
repair, operate, or maintain facilities having general utility.
(e) Authority for Personal Services Contracts.--The authority
provided by section 1091 of title 10, United States Code, for personal
services contracts to carry out health care responsibilities in medical
treatment facilities of the Department of Defense shall also be
available, subject to the same terms and conditions, for personal
services contracts to carry out research and development activities
under this section. The number of individuals whose personal services
are obtained under this subsection may not exceed 30 at any time.
(f) Streamlined Personnel Authority.--(1) Without regard to any
provision of title 5, United States Code, governing appointments in the
competitive service, and without regard to any provision of chapter 51,
or subchapter III of chapter 43, of such title relating to
classification and General Schedule pay rates, the Secretary may
appoint professional and technical employees, not to exceed 30 such
employees at any time, to positions in the Department of Defense to
carry out research and development under the program under this
section. The authority under this paragraph is in addition to any other
authority under law.
(2) The Secretary may use the authority under paragraph (1) only
upon a determination by the Secretary that use of such authority is
necessary to accelerate the research and development under the program.
(3) The Secretary shall institute appropriate internal controls for
each use of the authority under paragraph (1).
SEC. 1032. PROCUREMENT OF DEFENSE BIOMEDICAL COUNTERMEASURES.
(a) Determination of Material Threats.--(1) The Secretary of
Defense (in this section referred to as the ``Secretary''), in
consultation with the Secretary of Health and Human Services and the
Secretary of Homeland Security shall on an ongoing basis--
(A) assess current and emerging threats of use of
biological, chemical, radiological, and nuclear agents; and
(B) identify, on the basis of such assessment, those agents
that present a material risk of use against the Armed Forces.
(2) The Secretary, in consultation with the Secretary of Health and
Human Services and the Secretary of Homeland Security, shall on an
ongoing basis--
(A) assess the potential consequences to the health of
members of the Armed Forces of use against the Armed Forces of
the agents identified under paragraph (1)(B); and
(B) identify, on the basis of such assessment, those agents
for which countermeasures are necessary to protect the health
of members of the Armed Forces.
(b) Assessment of Availability and Appropriateness of
Countermeasures.--The Secretary, in consultation with the Secretary of
Health and Human Services and the Secretary of Homeland Security, shall
on an ongoing basis assess the availability and appropriateness of
specific countermeasures to address specific threats identified under
subsection (a).
(c) Secretary's Determination of Countermeasures Appropriate for
Procurement.--(1) The Secretary, in accordance with paragraph (2),
shall on an ongoing basis identify specific countermeasures that the
Secretary determines to be appropriate for procurement for the
Department of Defense stockpile of biomedical countermeasures.
(2) The Secretary may not identify a specific countermeasure under
paragraph (1) unless the Secretary determines that--
(A) the countermeasure is a qualified countermeasure; and
(B) it is reasonable to expect that producing and
delivering, within 5 years, the quantity of that countermeasure
required to meet the needs of the Department (as determined by
the Secretary) is feasible.
(d) Definitions.--In this section:
(1) The term ``qualified countermeasure'' means a
biomedical countermeasure--
(A) that is approved under section 505(a) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or
licensed under section 351 of the Public Health Service
Act (42 U.S.C. 262), or that is approved under section
515 or cleared under section 510(k) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360e and 360)
for use as such a countermeasure to a biological,
chemical, radiological, or nuclear agent identified as
a material threat under subsection (a); or
(B) with respect to which the Secretary, in
consultation with the Secretary of Health and Human
Services, makes a determination that sufficient and
satisfactory clinical experience or research data
(including data, if available, from preclinical and
clinical trials) exists to support a reasonable
conclusion that the product will, not later than 5
years after the date on which the Secretary identifies
the product under subsection (c)(1), qualify for such
approval or licensing for use as such a countermeasure.
(2) The term ``biomedical countermeasure'' means a drug (as
defined in section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(g)(1))), device (as defined in
section 201(h) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(h))), or biological product (as defined in section
351(i) of the Public Health Service Act (42 U.S.C. 262(i)) that
is--
(A) used to treat, identify, or prevent harm from
any biological, chemical, radiological, or nuclear
agent that may cause a military health emergency
affecting the Armed Forces; or
(B) used to treat, identify, or prevent harm from a
condition that may result in adverse health
consequences or death and may be caused by
administering a drug or biological product that is used
as described in subparagraph (A).
(e) Funding.--(1) Of the amount authorized to be appropriated for
the Department of Defense and available within the transfer authority
established under section 1001 of this Act for fiscal year 2004 and for
each fiscal year thereafter, such sums are authorized as may be
necessary for the costs incurred by the Secretary in the procurement of
countermeasures under this section, subject to paragraph (2).
(2) Amounts authorized to be appropriated under paragraph (1) shall
not be available to pay--
(A) costs for the purchase of vaccines under procurement
contracts entered into before January 1, 2003;
(B) costs under new contracts, or costs of new obligations
under contracts previously entered into, for procurement of a
countermeasure after the date of a determination under
subsection (c)(2)(D) that the countermeasure does have a
significant commercial market other than as a biomedical
countermeasure; or
(C) administrative costs.
SEC. 1033. AUTHORIZATION FOR USE OF MEDICAL PRODUCTS IN EMERGENCIES.
(a) Use of Medical Products Authorized.--During the period in which
a declaration of emergency under subsection (b) is in effect, the
Secretary of Defense, in accordance with this section, may authorize
the use on members of the Armed Forces of a drug or device intended
solely for use in an actual or potential emergency.
(b) Declaration of Emergency.--(1) A declaration of emergency
referred to in subsection (a) is a declaration by the Secretary of
Defense that there exists a military emergency, or a significant
potential for a military emergency, involving a heightened risk to the
Armed Forces of attack by one or more biological, chemical,
radiological, or nuclear agents.
(2) Subject to paragraph (3), the period during which a declaration
of emergency under this subsection is in effect begins upon the making
of the declaration and ends upon the first to occur of the following
events:
(A) The making of a determination by the Secretary that the
military emergency, or the significant potential for a military
emergency, has ceased to exist.
(B) The expiration of the one-year period beginning on the
date on which the declaration of emergency is made.
(3) Before the expiration of the period during which a declaration
of emergency is in effect, the Secretary may declare one or more
extensions of that declaration of emergency. In such a case, the date
on which the most recent extension was declared shall be treated for
purposes of subsection (2)(B) as the date on which the declaration of
emergency is made.
(c) Criteria for Issuance of Authorization.--The Secretary, in
consultation with the Secretary of Health and Human Services, may use
the authority under subsection (a) with respect to a biomedical
countermeasure only if the Secretary make a determination that--
(1) an agent to which a declaration of emergency under
subsection (b) relates can cause a serious or life-threatening
disease or condition;
(2) based on the totality of scientific evidence available
to the Secretary, including data from adequate and well-
controlled clinical trials, if available, it is reasonable to
believe that--
(A) such countermeasure may be effective in
detecting, diagnosing, treating, or preventing such
disease or condition; or
(B) the known and potential benefits of such
countermeasure, when used to detect, diagnose, treat,
or prevent such disease or condition, outweigh the
known and potential risks of such countermeasure;
(3) no adequate, approved, and available alternative exists
to such countermeasure for detecting, diagnosing, treating, or
preventing such disease or condition; and
(4) such other criteria as the Secretary may by regulation
prescribe are satisfied.
(d) Scope of Authorization.--For each use of the authority under
subsection (a), the Secretary, in consultation with the Secretary of
Health and Human Services, shall--
(1) specify each disease or condition that the biological
countermeasure may be used to detect, diagnose, treat, or
prevent; and
(2) set forth each determination under subsection (c) with
respect to that countermeasure and the basis for each such
determination.
(e) Condition.--In carrying out this section, the Secretary shall
ensure compliance with section 1107 of title 10, United States Code,
and section 731(a)(3) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2071; 10 U.S.C. 1107 note).
Subtitle E--Other Matters
SEC. 1041. CODIFICATION AND REVISION OF DEFENSE COUNTERINTELLIGENCE
POLYGRAPH PROGRAM AUTHORITY.
(a) Codification.--(1) Chapter 21 of title 10, United States Code,
is amended by inserting at the end of subchapter I (after the section
added by section 805(b)(1) of this Act) the following new section:
``Sec. 427. Counterintelligence polygraph program
``(a) Authority for Program.--The Secretary of Defense may carry
out a program for the administration of counterintelligence polygraph
examinations to persons described in subsection (b). The program shall
be based on Department of Defense Directive 5210.48, dated December 24,
1984.
``(b) Persons Covered.--Except as provided in subsection (c), the
following persons whose duties involve access to information that has
been classified at the level of top secret or designated as being
within a special access program under section 4.4(a) of Executive Order
12958 (or a successor Executive order) are subject to this section:
``(1) Military and civilian personnel of the Department of
Defense.
``(2) Personnel of defense contractors.
``(3) A person assigned or detailed to the Department of
Defense.
``(4) An applicant for a position in the Department of
Defense.
``(c) Exceptions From Coverage for Certain Intelligence Agencies
and Functions.--This section does not apply to the following persons:
``(1) A person assigned or detailed to the Central
Intelligence Agency or to an expert or consultant under a
contract with the Central Intelligence Agency.
``(2) A person who is--
``(A) employed by or assigned or detailed to the
National Security Agency;
``(B) an expert or consultant under contract to the
National Security Agency;
``(C) an employee of a contractor of the National
Security Agency; or
``(D) a person applying for a position in the
National Security Agency.
``(3) A person assigned to a space where sensitive
cryptographic information is produced, processed, or stored.
``(4) A person employed by, or assigned or detailed to, an
office within the Department of Defense for the collection of
specialized national foreign intelligence through
reconnaissance programs or a contractor of such an office.
``(d) Oversight.--(1) The Secretary shall establish a process to
monitor responsible and effective application of polygraphs within the
Department of Defense.
``(2) The Secretary shall make information on the use of polygraphs
within the Department of Defense available to the congressional defense
committees.
``(e) Polygraph Research Program.--The Secretary of Defense shall
carry out a continuing research program to support the polygraph
activities of the Department of Defense. The program shall include--
``(1) an on-going evaluation of the validity of polygraph
techniques used by the Department;
``(2) research on polygraph countermeasures and anti-
countermeasures; and
``(3) developmental research on polygraph techniques,
instrumentation, and analytic methods.''.
(2) The table of sections at the beginning of subchapter I of such
chapter is amended by adding at the end (after the item added by
section 805(b)(2) of this Act) the following new item:
``427. Counterintelligence polygraph program.''.
(b) Conforming Repeal.--Section 1121 of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (10 U.S.C. 113 note),
is repealed.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003.
SEC. 1042. CODIFICATION AND REVISION OF LIMITATION ON MODIFICATION OF
MAJOR ITEMS OF EQUIPMENT SCHEDULED FOR RETIREMENT OR
DISPOSAL.
(a) In General.--(1) Chapter 134 of title 10, United States Code,
is amended by inserting after section 2244 the following new section:
``Sec. 2244a. Equipment scheduled for retirement or disposal:
limitation on expenditures for modifications
``(a) Prohibition.--Except as otherwise provided in this section,
the Secretary of a military department may not carry out a significant
modification of an aircraft, weapon, vessel, or other item of equipment
that the Secretary plans to retire or otherwise dispose of within five
years after the date on which the modification, if carried out, would
be completed.
``(b) Significant Modifications Defined.--For purposes of this
section, a significant modification is any modification for which the
cost is in an amount equal to or greater than $1,000,000.
``(c) Exception for Safety Modifications.--The prohibition in
subsection (a) does not apply to a safety modification.
``(d) Waiver Authority.--The Secretary concerned may waive the
prohibition in subsection (a) in the case of any modification otherwise
subject to that subsection if the Secretary determines that carrying
out the modification is in the national security interest of the United
States. Whenever the Secretary issues such a waiver, the Secretary
shall notify the congressional defense committees in writing.''.
(2) The table of sections at the beginning of subchapter I of such
chapter is amended by inserting after the item relating to section 2244
the following new item:
``2244a. Equipment scheduled for retirement or disposal: limitation on
expenditures for modifications.''.
(b) Conforming Repeal.--Section 8053 of the Department of Defense
Appropriations Act, 1998 (10 U.S.C. 2241 note), is repealed.
SEC. 1043. ADDITIONAL DEFINITIONS FOR PURPOSES OF TITLE 10, UNITED
STATES CODE.
(a) General Definitions.--Section 101(a) of title 10, United States
Code, is amended by adding at the end the following new paragraphs:
``(16) The term `congressional defense committees' means--
``(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
``(B) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.
``(17) The term `base closure law' means the following:
``(A) Section 2687 of this title.
``(B) The Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
``(C) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).''.
(b) References to Congressional Defense Committees.--Title 10,
United States Code, is further amended as follows:
(1) Section 135(e) is amended--
(A) by striking ``(1)'';
(B) by striking ``each congressional committee
specified in paragraph (2)'' and inserting ``each of
the congressional defense committees''; and
(C) by striking paragraph (2).
(2) Section 153(c) is amended--
(A) by striking ``committees of Congress named in
paragraph (2)'' and inserting ``congressional defense
committees'';
(B) by striking paragraph (2); and
(C) by designating the second sentence of paragraph
(1) as paragraph (2) and in that paragraph (as so
designated) by striking ``The report'' and inserting
``Each report under paragraph (1)''.
(3) Section 181(d)(2) is amended--
(A) by striking ``subsection:'' and all that
follows through ``oversight'' and inserting
``subsection, the term `oversight''; and
(B) by striking subparagraph (B).
(4) Section 224 is amended by striking subsection (f).
(5) Section 228(e) is amended--
(A) by striking ``Definitions'' and all that
follows through ``(1) The term'' and inserting ``O&M
Budget Activity Defined.--In this section, the term'';
and
(B) by striking paragraph (2).
(6) Section 229 is amended by striking subsection (f).
(7) Section 1107(f)(4) is amended by striking subparagraph
(C).
(8) Section 2216(j) is amended by striking paragraph (3).
(9) Section 2218(l) is amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph
(4).
(10) Section 2306b(l) is amended--
(A) by striking paragraph (9); and
(B) by redesignating paragraph (10) as paragraph
(9).
(11) Section 2308(e)(2) is amended--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(12) Section 2366(e) is amended--
(A) by striking paragraph (7); and
(B) by redesignating paragraphs (8) and (9) as
paragraphs (7) and (8), respectively.
(13) Section 2399(h) is amended--
(A) by striking ``Definitions.--'' and all that
follows through ``(1) The term'' and inserting
``Operational Test and Evaluation Defined.--In this
section, the term'';
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A), (B), and
(C) as paragraphs (1), (2), and (3), respectively; and
(D) by realigning those paragraphs (as so
redesignated) so as to be indented two ems from the
left margin.
(14) Section 2667(h) is amended by striking paragraph (1).
(15) Section 2688(e)(1) is amended by striking ``the
Committee on'' the first place it appears and all that follows
through ``House of Representatives'' and inserting ``the
congressional defense committees''.
(16) Section 2801(c)(4) is amended by striking ``the
Committee on'' the first place it appears and all that follows
through ``House of Representatives'' and inserting ``the
congressional defense committees''.
(c) References to Base Closure Laws.--Title 10, United States Code,
is further amended as follows:
(1) Section 2306c(h) is amended by striking ``Additional''
and all that follows through ``(2) The term'' and inserting
``Military Installation Defined.--In this section, the term''.
(2) Section 2490a(f) is amended--
(A) by striking ``Definitions.--'' and all that
follows through ``(1) The term'' and inserting
``Nonappropriated Fund Instrumentality Defined.--In
this section, the term''; and
(B) by striking paragraph (2).
(3) Section 2667(h), as amended by subsection (b)(13), is
further amended by striking ``section:'' and all that follows
through ``(3) The term'' and inserting ``section, the term''.
(4) Section 2696(e) is amended--
(A) by striking paragraphs (1), (2), (3), and (4)
and inserting the following:
``(1) A base closure law.''; and
(B) by redesignating paragraph (6) as paragraph
(2).
(5) Section 2705 is amended by striking subsection (h).
(6) Section 2871 is amended by striking paragraph (2).
SEC. 1044. INCLUSION OF ANNUAL MILITARY CONSTRUCTION AUTHORIZATION
REQUEST IN ANNUAL DEFENSE AUTHORIZATION REQUEST.
(a) Inclusion of Military Construction Request.--Section 113a(b) of
title 10, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Authority to carry out military construction
projects, as required by section 2802 of this title.''.
(b) Repeal of Separate Transmission of Request.--(1) Section 2859
of such title is repealed.
(2) The table of sections at the beginning of subchapter III of
chapter 169 of such title is amended by striking the item relating to
section 2859.
SEC. 1045. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The tables of chapters at the beginning of subtitle A,
and at the beginning of part IV of subtitle A, are amended by
striking ``2701'' in the item relating to chapter 160 and
inserting ``2700''.
(2) Section 101(a)(9)(D) is amended by striking
``Transportation'' and inserting ``Homeland Security''.
(3) Section 2002(a)(2) is amended by striking ``Foreign
Service Institute'' and inserting ``George P. Schultz National
Foreign Affairs Training Center''.
(4)(A) Section 2248 is repealed.
(B) The table of sections at the beginning of chapter 134
is amended by striking the item relating to section 2248.
(5) Section 2305a(c) is amended by striking ``the Brooks
Architect-Engineers Act (40 U.S.C. 541 et seq.)'' and inserting
``chapter 11 of title 40''.
(6) Section 2432(h)(1) is amended by inserting ``program''
in the first sentence after ``for such''.
(7) Section 7305(d) is amended by inserting ``such'' before
``title III''.
(b) Title 37, United States Code.--Title 37, United States Code, is
amended as follows:
(1) Section 323(a) is amended by striking ``1 year'' in
paragraphs (1) and (2) and inserting ``one year''.
(2) Section 402(b) is amended--
(A) by striking paragraph (1); and
(B) in paragraph (2), by striking ``On and after
January 1, 2002, the'' and inserting ``The''.
(c) Floyd D. Spence National Defense Authorizaton Act for Fiscal
Year 2001.--The Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398) is amended
as follows:
(1) Section 1308(c) (22 U.S.C. 5959) is amended--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by redesignating the second paragraph (6) as
paragraph (7).
(2) Section 814 (10 U.S.C. 1412 note) is amended in
subsection (d)(1) by striking ``the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106)'' and inserting
``subtitle III of title 40, United States Code''.
(d) National Defense Authorization Act for Fiscal Year 2000.--
Section 1305 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65; 22 U.S.C. 5952 note) is amended by striking
the second period at the end.
(e) Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999.--Section 819(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2089) is amended by striking ``section 201(c) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 481(c)),'' and
inserting ``section 503 of title 40, United States Code,''.
(f) National Defense Authorization Act for Fiscal Year 1997.--
Section 1084(e) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2675) is amended by striking
``98-515'' and inserting ``98-525''. The amendment made by the
preceding sentence shall take effect as if included in Public Law 104-
201.
(g) Federal Acquisition Streamlining Act of 1994.--Subsection (d)
of section 1004 of the Federal Acquisition Streamlining Act of 1994
(Public Law 103-355; 108 Stat, 3253) is amended by striking ``under--''
and all that follows through the end of paragraph (2) and inserting
``under chapter 11 of title 40, United States Code.''.
(h) Armed Forces Retirement Home Act of 1991.--Section
1520(b)(1)(C) of the Armed Forces Retirement Home Act of 1991 (24
U.S.C. 420(b)(1)(C)) is amended by inserting ``Armed Forces'' before
``Retirement Home Trust Fund''.
SEC. 1046. AUTHORITY TO PROVIDE LIVING QUARTERS FOR CERTAIN STUDENTS IN
COOPERATIVE AND SUMMER EDUCATION PROGRAMS OF THE NATIONAL
SECURITY AGENCY.
Section 2195 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) The Director of the National Security Agency may provide a
qualifying employee of a defense laboratory of that Agency with living
quarters at no charge, or at a rate or charge prescribed by the
Director by regulation, without regard to section 5911(c) of title 5.
``(2) In this subsection, the term `qualifying employee' means a
student who is employed at the National Security Agency under--
``(A) a Student Educational Employment Program of the
Agency conducted under this section or any other provision of
law; or
``(B) a similar cooperative or summer education program of
the Agency that meets the criteria for Federal cooperative or
summer education programs prescribed by the Office of Personnel
Management.''.
SEC. 1047. USE OF DRUG INTERDICTION AND COUNTER-DRUG FUNDS TO SUPPORT
ACTIVITIES OF THE GOVERNMENT OF COLOMBIA.
(a) Authority to Provide Assistance.--During fiscal years 2004 and
2005, the Secretary of Defense may use funds made available to the
Department of Defense for drug interdiction and counter-drug activities
to provide assistance to the Government of Colombia--
(1) to support a unified campaign against narcotics
trafficking in Colombia;
(2) to support a unified campaign against activities by
designated terrorist organizations, such as the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), and the United Self-Defense Forces of Colombia (AUC);
and
(3) to take actions to protect human health and welfare in
emergency circumstances, including undertaking rescue
operations.
(b) Relation to Other Assistance Authority.--The authority provided
by subsection (a) is in addition to other provisions of law authorizing
the provision of assistance to the Government of Colombia.
SEC. 1048. AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW
ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM
ACTIVITIES.
(a) Authority.--A joint task force of the Department of Defense
that provides support to law enforcement agencies conducting counter-
drug activities may also provide, consistent with all applicable laws
and regulations, support to law enforcement agencies conducting
counter-terrorism activities.
(b) Conditions.--Any support provided under subsection (a) may only
be provided in the geographic area of responsibility of the joint task
force.
SEC. 1049. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL SECURITY
INVESTIGATIONS AND DETERMINATIONS.
Section 30305(b) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (9) through (11) as
paragraphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) An individual who is being investigated for--
``(A) eligibility for access to a particular level of
classified information for purposes of Executive Order No.
12968, or any successor Executive order; or
``(B) Federal employment under authority of Executive Order
No. 10450, or any successor Executive order,
may request the chief driver licensing official of a State to provide
information about the individual pursuant to subsection (a) of this
section to a Federal department or agency that is authorized to
investigate the individual for the purpose of assisting in the
determination of the eligibility of the individual for access to
classified information or for Federal employment. A Federal department
or agency that receives such information about an individual may use it
in accordance with applicable law. Information may not be obtained from
the Register under this paragraph if the information was entered in the
Register more than 3 years before the request, unless the information
is about a revocation or suspension still in effect on the date of the
request.''.
SEC. 1050. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL SECURITY
AGENCY.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is
amended by adding at the end the following new section:
``Sec. 19. (a) Exemption of Certain Operational Files From Search,
Review, Publication, or Disclosure.--(1) The Director of the National
Security Agency, with the coordination of the Director of Central
Intelligence, may exempt operational files of the National Security
Agency from the provisions of section 552 of title 5, United States
Code, which require publication, disclosure, search, or review in
connection therewith.
``(2)(A) Subject to subparagraph (B), for the purposes of this
section, the term `operational files' means files of the National
Security Agency that document the means by which foreign intelligence
or counterintelligence is collected through technical systems.
``(B) Files that contain disseminated intelligence are not
operational files.
``(3) Notwithstanding paragraph (1), exempted operational files
shall continue to be subject to search and review for information
concerning--
``(A) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 of title 5
or section 552a of title 5, United States Code;
``(B) any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code; or
``(C) the specific subject matter of an investigation by
any of the following for any impropriety, or violation of law,
Executive order, or Presidential directive, in the conduct of
an intelligence activity:
``(i) The Permanent Select Committee on
Intelligence of the House of Representatives.
``(ii) The Select Committee on Intelligence of the
Senate.
``(iii) The Intelligence Oversight Board.
``(iv) The Department of Justice.
``(v) The Office of General Counsel of the National
Security Agency.
``(vi) The Office of the Director of the National
Security Agency.
``(4)(A) Files that are not exempted under paragraph (1) which
contain information derived or disseminated from exempted operational
files shall be subject to search and review.
``(B) The inclusion of information from exempted operational files
in files that are not exempted under paragraph (1) shall not affect the
exemption under paragraph (1) of the originating operational files from
search, review, publication, or disclosure.
``(C) The declassification of some of the information contained in
exempted operational files shall not affect the status of the
operational file as being exempt from search, review, publication, or
disclosure.
``(D) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted under
paragraph (1) and which have been returned to exempted operational
files for sole retention shall be subject to search and review.
``(5) The provisions of paragraph (1) may not be superseded except
by a provision of law which is enacted after the date of the enactment
of this section, and which specifically cites and repeals or modifies
its provisions.
``(6)(A) Except as provided in subparagraph (B), whenever any
person who has requested agency records under section 552 of title 5,
United States Code, alleges that the National Security Agency has
withheld records improperly because of failure to comply with any
provision of this section, judicial review shall be available under the
terms set forth in section 552(a)(4)(B) of title 5, United States Code.
``(B) Judicial review shall not be available in the manner provided
for under subparagraph (A) as follows:
``(i) In any case in which information specifically
authorized under criteria established by an Executive order to
be kept secret in the interests of national defense or foreign
relations which is filed with, or produced for, the court by
the National Security Agency, such information shall be
examined ex parte, in camera by the court.
``(ii) The court shall, to the fullest extent practicable,
determine the issues of fact based on sworn written submissions
of the parties.
``(iii) When a complainant alleges that requested records
are improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support such
allegation with a sworn written submission based upon personal
knowledge or otherwise admissible evidence.
``(iv)(I) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the National Security Agency shall meet its
burden under section 552(a)(4)(B) of title 5, United States
Code, by demonstrating to the court by sworn written submission
that exempted operational files likely to contain responsive
records currently perform the functions set forth in paragraph
(2).
``(II) The court may not order the National Security Agency
to review the content of any exempted operational file or files
in order to make the demonstration required under subclause
(I), unless the complainant disputes the National Security
Agency's showing with a sworn written submission based on
personal knowledge or otherwise admissible evidence.
``(v) In proceedings under clauses (iii) and (iv), the
parties may not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that
requests for admission may be made pursuant to rules 26 and 36.
``(vi) If the court finds under this paragraph that the
National Security Agency has improperly withheld requested
records because of failure to comply with any provision of this
subsection, the court shall order the Agency to search and
review the appropriate exempted operational file or files for
the requested records and make such records, or portions
thereof, available in accordance with the provisions of section
552 of title 5, United States Code, and such order shall be the
exclusive remedy for failure to comply with this subsection.
``(vii) If at any time following the filing of a complaint
pursuant to this paragraph the National Security Agency agrees
to search the appropriate exempted operational file or files
for the requested records, the court shall dismiss the claim
based upon such complaint.
``(viii) Any information filed with, or produced for the
court pursuant to clauses (i) and (iv) shall be coordinated
with the Director of Central Intelligence prior to submission
to the court.
``(b) Decennial Review of Exempted Operational Files.--(1) Not less
than once every 10 years, the Director of the National Security Agency
and the Director of Central Intelligence shall review the exemptions in
force under subsection (a)(1) to determine whether such exemptions may
be removed from the category of exempted files or any portion thereof.
The Director of Central Intelligence must approve any determination to
remove such exemptions.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public interest in the
subject matter of the particular category of files or portions thereof
and the potential for declassifying a significant part of the
information contained therein.
``(3) A complainant that alleges that the National Security Agency
has improperly withheld records because of failure to comply with this
subsection may seek judicial review in the district court of the United
States of the district in which any of the parties reside, or in the
District of Columbia. In such a proceeding, the court's review shall be
limited to determining the following:
``(A) Whether the National Security Agency has conducted
the review required by paragraph (1) before the expiration of
the 10-year period beginning on the date of the enactment of
this section or before the expiration of the 10-year period
beginning on the date of the most recent review.
``(B) Whether the National Security Agency, in fact,
considered the criteria set forth in paragraph (2) in
conducting the required review.''.
SEC. 1051. ASSISTANCE FOR STUDY OF FEASIBILITY OF BIENNIAL UNITED
STATES INTERNATIONAL AIR TRADE SHOW AND FOR INITIAL
IMPLEMENTATION.
(a) Assistance for Feasibility Study.--(1) The Secretary of Defense
shall provide assistance to the nonprofit organization named United
States Air and Trade Show Inc. for expenses of a study by that
organization of the feasibility of the establishment and operation of a
biennial United States international air trade show.
(2) The Secretary shall provide for the organization specified in
paragraph (1) to submit to the Secretary a report containing the
results of the study not later than September 30, 2004. The Secretary
shall promptly submit the report to Congress, together with such
comments on the report as the Secretary considers appropriate.
(b) Assistance for Implementation.--If the organization conducting
the study under subsection (a) determines that the establishment and
operation of such an air show is feasible and should be implemented,
the Secretary shall provide assistance to that organization for the
initial expenses of implementing such an air show.
(c) Amount of Assistance.--The amount of assistance provided by the
Secretary under subsections (a) and (b)--
(1) may not exceed a total of $1,000,000, to be derived
from amounts available for operation and maintenance for the
Air Force for fiscal year 2004; and
(2) may not exceed one-half of the cost of the study and
may not exceed one-half the cost of such initial
implementation.
SEC. 1052. CONTINUATION OF REASONABLE ACCESS TO MILITARY INSTALLATIONS
FOR PERSONAL COMMERCIAL SOLICITATION.
(a) Continued Access to Members.--Section 2679 of title 10, United
States Code, is amended--
(1) in subsection (a), by inserting ``Access by
Representatives of Veterans' Organizations.--(1)'' before
``Upon certification'';
(2) by redesignating subsections (b) and (c) as paragraphs
(2) and (3), respectively;
(3) in paragraph (2), as so redesignated, by striking
``subsection (a)'' and inserting ``paragraph (1)'';
(4) in paragraph (3), as so redesignated, by striking
``section'' and inserting ``subsection'';
(5) by redesignating subsection (d) as subsection (c); and
(6) by inserting before such subsection the following new
subsection (b):
``(b) Access for Personal Commercial Solicitation.--An amendment or
other revision to a Department of Defense directive relating to access
to military installations for the purpose of conducting limited
personal commercial solicitation shall not take effect until the end of
the 90-day period beginning on the date the Secretary of Defense
submits to Congress notice of the amendment or revision and the reasons
therefor.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2679. Access to and use of space and equipment at military
installations: representatives of veterans' organizations
and other persons''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 159 of such title is amended to read as
follows:
``2679. Access to and use of space and equipment at military
installations: representatives of veterans'
organizations and other persons.''.
SEC. 1053. COMMISSION ON NUCLEAR STRATEGY OF THE UNITED STATES.
(a) Establishment of Commission.--
(1) Establishment.--There is hereby established a
commission to be known as the ``Commission on Nuclear Strategy
of the United States'' (hereinafter this this section referred
to as the ``Commission''). The Secretary of Defense, in
consultation with the Secretary of Energy, shall enter into a
contract with a federally funded research and development
center to provide for the organization, management, and suport
of the Commission.
(2) Composition.--(A) The Commission shall be composed of
12 members appointed by the Secretary of Defense. In selecting
individuals for appointment to the Commission, the Secretary of
Defense shall consult with the chairman and ranking minority
member of the Committee on Armed Services of the Senate and the
chairman and ranking minority member of the Committee on Armed
Services of the House of Representatives.
(B) Members of the Commission shall be appointed from among
private United States citizens with knowledge and expertise in
the political, military, operational, and technical aspects of
nuclear strategy.
(3) Chairman of the commission.--The Secretary of Defense
shall designate one of the members of the Commission to serve
as chairman of the Commission.
(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(5) Security clearances.--All members of the Commission
shall hold appropriate security clearances.
(b) Duties of Commission.--
(1) Review of nuclear strategy.--The Commission shall
consider all matters of policy, force structure, nuclear
stockpile stewardship, estimates of threats and force
requirements, and any other issue the Commission may consider
necessary in order to assess and make recommendations about
current United States nuclear strategy as envisioned in the
National Security Strategy of the United States and the Nuclear
Posture Review, as well as possible alternative future
strategies.
(2) Assessment of range of nuclear strategies.--The
Commission shall assess possible future nuclear strategies for
the United States that could be pursued over the next 20 years.
(3) Relations with russia.--The Commission shall give
special attention to assessing how the United States goal of
strengthening partnership with Russia may be advanced or
adversely affected by each of the possible nuclear strategies
considered. The Commission shall also assess how relations with
China, and the overall global security environment, may be
affected by each of those possible nuclear strategies.
(4) Other matters to be included.--For each of the possible
nuclear strategies considered, the Commission shall include in
its report under subsection (c)(1), at a minimum, the
following:
(A) A discussion of the policy defining the
deterrence and military-political objectives of the
United States against potential adversaries.
(B) A discussion of the military requirements for
United States forces, the force structure and
capabilities necessary to meet those requirements, and
how they relate to the achievement of the objectives
identified under subparagraph (A).
(C) Appropriate quantitative and qualitative
analysis, including force-on-force exchange modeling,
to calculate the effectiveness of the strategy under
various scenario conditions, including scenarios of
strategic and tactical surprise.
(D) An assessment of the role of missile defenses
in the strategy, the dependence of the strategy on
missile defense effectiveness, and the effect of
missile defenses on the threat environment.
(E) An assessment of the implications of the
proliferation of missiles and weapons of mass
destruction, the proliferation of underground
facilities and mobile launch platforms, and China's
modernization of strategic forces.
(F) An assessment of the implications of
asymmetries between the United States and Russia,
including doctrine, nonstrategic nuclear weapons, and
active and passive defenses.
(G) An assessment of strategies or options for
dealing with nuclear capable nations that may provide
nuclear weapons to terrorist or transnational groups.
(H) An assessment of the contribution of non-
proliferation strategies and programs to the overall
security of the United States and how those strategies
and programs may affect the overall requirements of
future nuclear strategy.
(I) An assessment of the effect of the strategy on
the nuclear programs of emerging nuclear weapons
states, including North Korea, Iran, Pakistan, and
India.
(5) Recommendations.--The Commission shall include in its
report recommendations for any continuities or changes in
nuclear strategy it believes should be taken to enhance the
national security of the United States.
(6) Cooperation from government officials.--(A) In carrying
out its duties, the Commission shall receive the full and
timely cooperation of the Secretary of Defense, the Secretary
of Energy, and any other United States Government official in
providing the Commission with analyses, briefings, and other
information necessary for the fulfillment of its
responsibilities.
(B) The Secretary of Energy and the Secretary of Defense
shall each designate at least one officer or employee of the
Department of Energy and the Department of Defense,
respectively, to serve as a liaison officer between the
department and the Commission. The Director of Central
Intelligence may designate at least one officer or employee of
the Central Intelligence Agency to serve as a liaison officer
between that agency and the Commission.
(c) Reports.--
(1) Commission report.--The Commission shall submit to the
Secretary of Defense and to the Committees on Armed Services of
the Senate and House of Representatives a report on the
Commission's findings and conclusions not later than 18 months
after the date of its first meeting.
(2) Secretary of defense response.--Not later than one year
after the date on which the Commission submits its report under
paragraph (1), the Secretary of Defense shall submit to
Congress a report--
(A) commenting on the Commission's findings and
conclusions; and
(B) explaining what actions, if any, the Secretary
intends to take to implement the recommendations of the
Commission and, with respect to each such
recommendation, the Secretary's reasons for
implementing, or not implementing, the recommendation.
(d) Hearings and Procedures.--
(1) Hearings.--The Commission may, for the purpose of
carrying out the purposes of this section, hold hearings and
take testimony.
(2) Procedures.--The federally funded research and
development center referred to in subsection (a)(1) shall be
responsible for establishing appropriate procedures for the
Commission.
(3) Detail of government employees.--Upon request of the
chairman of the Commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, any personnel
of that department or agency to the Commission to assist it in
carrying out its duties.
(e) Funding.--Funds for activities of the Commission shall be
provided from amounts appropriated for the Department of Defense.
(f) Termination of Commission.--The Commission shall terminate 60
days after the date of the submission of its report under subsection
(c)(1).
(g) Implementation.--
(1) FFRDC contract.--The Secretary of Defense shall enter
into the contract required under subsection (a)(1) not later
than 60 days after the date of the enactment of this Act.
(2) First meeting.--The Commission shall convene its first
meeting not later than 60 days after the date as of which all
members of the Commission have been appointed.
SEC. 1054. EXTENSION OF COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
Section 1605(f) of the National Defense Authorization Act for
Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by striking
``September 30, 2004'' and inserting ``September 30, 2008''.
SEC. 1055. ASSIGNMENT OF MEMBERS TO ASSIST BUREAU OF BORDER SECURITY
AND BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES OF THE
DEPARTMENT OF HOMELAND SECURITY.
(a) Assignment Authority of Secretary of Defense.--Chapter 18 of
title 10, United States Code, is amended by inserting after section 374
the following new section:
``Sec. 374a. Assignment of members to assist border patrol and control
``(a) Assignment Authorized.--Upon submission of a request
consistent with subsection (b), the Secretary of Defense may assign
members of the Army, Navy, Air Force, and Marine Corps to assist--
``(1) the Bureau of Border Security of the Department of
Homeland Security in preventing the entry of terrorists, drug
traffickers, and illegal aliens into the United States; and
``(2) the United States Customs Service of the Department
of Homeland Security in the inspection of cargo, vehicles, and
aircraft at points of entry into the United States to prevent
the entry of weapons of mass destruction, components of weapons
of mass destruction, prohibited narcotics or drugs, or other
terrorist or drug trafficking items.
``(b) Request for Assignment.--The assignment of members under
subsection (a) may occur only if--
``(1) the assignment is at the request of the Secretary of
Homeland Security; and
``(2) the request is accompanied by a certification by the
Secretary of Homeland Security that the assignment of members
pursuant to the request is necessary to respond to a threat to
national security posed by the entry into the United States of
terrorists, drug traffickers, or illegal aliens.
``(c) Training Program Required.--The Secretary of Homeland
Security and the Secretary of Defense, shall establish a training
program to ensure that members receive general instruction regarding
issues affecting law enforcement in the border areas in which the
members may perform duties under an assignment under subsection (a). A
member may not be deployed at a border location pursuant to an
assignment under subsection (a) until the member has successfully
completed the training program.
``(d) Conditions of Use.--(1) Whenever a member who is assigned
under subsection (a) to assist the Bureau of Border Security or the
United States Customs Service is performing duties at a border location
pursuant to the assignment, a civilian law enforcement officer from the
agency concerned shall accompany the member.
``(2) Nothing in this section shall be construed to--
``(A) authorize a member assigned under subsection (a) to
conduct a search, seizure, or other similar law enforcement
activity or to make an arrest; and
``(B) supersede section 1385 of title 18 (popularly known
as the `Posse Comitatus Act').
``(e) Establishment of Ongoing Joint Task Forces.--(1) The
Secretary of Homeland Security may establish ongoing joint task forces
if the Secretary of Homeland Security determines that the joint task
force, and the assignment of members to the joint task force, is
necessary to respond to a threat to national security posed by the
entry into the United States of terrorists, drug traffickers, or
illegal aliens.
``(2) If established, the joint task force shall fully comply with
the standards as set forth in this section.
``(f) Notification Requirements.--The Secretary of Homeland
Security shall provide to the Governor of the State in which members
are to be deployed pursuant to an assignment under subsection (a) and
to local governments in the deployment area notification of the
deployment of the members to assist the Department of Homeland Security
under this section and the types of tasks to be performed by the
members.
``(g) Reimbursement Requirement.--Section 377 of this title shall
apply in the case of members assigned under subsection (a).
``(h) Termination of Authority.--No assignment may be made or
continued under subsection (a) after September 30, 2005.''.
(b) Commencement of Training Program.--The training program
required by subsection (b) of section 374a of title 10, United States
Code, shall be established as soon as practicable after the date of the
enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
374 the following new item:
``374a. Assignment of members to assist border patrol and control.''.
SEC. 1056. REPORT CONCERNING STRATEGIC NUCLEAR WARHEADS DISMANTLED
PURSUANT TO THE TREATY BETWEEN THE UNITED STATES OF
AMERICA AND THE RUSSIAN FEDERATION ON STRATEGIC OFFENSIVE
REDUCTIONS.
Not later than 60 days after the exchange of instruments of
ratification of the Treaty Between the United States of America and the
Russian Federation on Strategic Offensive Reductions or 60 days after
the date of the enactment of this Act, whichever occurs last, and on
February 15 of each subsequent year, the President shall submit to
Congress a report concerning any strategic nuclear warheads dismantled
within the boundaries of the treaty during the preceding calendar year
and any such warheads to be dismantled in that calendar year, pursuant
to such treaty. During the one-year period beginning on the date of the
exchange of instruments of ratification of such treaty, any such report
shall not include information concerning any dismantling of warheads
during the preceding calendar year.
SEC. 1057. PILOT PROGRAM TO IMPROVE USE OF AIR FORCE AND AIR NATIONAL
GUARD MODULAR AIRBORNE FIRE-FIGHTING SYSTEMS TO FIGHT
WILDFIRES.
(a) Temporary Exception to Economy Act Requirement.--
Notwithstanding section 1535(a)(4) of title 31, United States Code, the
Secretary of the Interior and the Secretary of Agriculture may procure
the services of military aircraft (and personnel of the Armed Forces to
operate and maintain such aircraft) of Air Force and Air National Guard
Modular Airborne Fire-Fighting Systems units in California, Colorado,
North Carolina, and Wyoming to fight a wildfire without first comparing
the cost and convenience of procuring such services from such source to
the cost of procuring the same services from a commercial enterprise.
(b) Duration of Pilot Program.--The authority provided by
subsection (a) expires December 31, 2005.
(c) Reporting Requirement.--Not later than February 1, 2005, the
Secretary of the Interior and the Secretary of Agriculture shall submit
to Congress a report describing--
(1) the use of the exception provided in subsection (a) to
expedite the procurement of the services of Air Force and Air
National Guard Modular Airborne Fire-Fighting Systems units to
fight wildfires; and
(2) the ability of these units in responding to wildfires
in a timely and effective manner.
SEC. 1058. STUDY ON FEASIBILITY OF USE OF SMALL BUSINESSES, MINORITY-
OWNED BUSINESSES, AND WOMEN-OWNED BUSINESSES IN EFFORTS
TO REBUILD IRAQ.
The Secretary of Defense shall commission a study of the
feasibility of using small businesses, minority-owned businesses, and
women-owned businesses in the United States' efforts to rebuild Iraq.
The study shall include the development of outreach procedures to
provide, to small businesses, minority-owned businesses, and women-
owned businesses, information on participating in rebuilding Iraq.
SEC. 1059. SENSE OF CONGRESS REGARDING CONTINUATION OF MISSION AND
FUNCTIONS OF ARMY PEACEKEEPING INSTITUTE.
It is the sense of Congress that the Secretary of Defense should
maintain the functions and missions of the Army Peacekeeping Institute
at the Army War College in Carlisle, Pennsylvania, or within a joint
entity of the Department of Defense, such as the National Defense
University or the Joint Forces Command, to ensure that members of the
Armed Forces continue to study the strategic challenges and uses of
peacekeeping missions and to prepare the Armed Forces for conducting
such missions.
SEC. 1060. ASSESSMENT OF EFFECTS OF SPECIFIED STATUTORY LIMITATIONS ON
THE GRANTING OF SECURITY CLEARANCES.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives an assessment of the effects of the provisions of
section 986 of title 10, United States Code (relating to limitations on
security clearances), on the granting (or renewal) of security
clearances for Department of Defense personnel and defense contractor
personnel. The assessment shall review the affects of the
disqualification factors specified in subsection (c) of that section
and shall include such recommendations for legislation or
administrative steps as the Secretary considers necessary.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A--Department of Defense Civilian Personnel Generally
SEC. 1101. MODIFICATION OF THE OVERTIME PAY CAP.
Section 5542(a)(2) of title 5, United States Code, is amended--
(1) by inserting ``the greater of'' before ``one and one-
half''; and
(2) by inserting ``or the hourly rate of basic pay of the
employee'' after ``law)'' the second place it appears.
SEC. 1102. MILITARY LEAVE FOR MOBILIZED FEDERAL CIVILIAN EMPLOYEES.
(a) In General.--Subsection (b) of section 6323 of title 5, United
States Code, is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and at the end of
clause (ii), as so redesignated, by inserting ``or'';
and
(B) by inserting ``(A)'' after ``(2)''; and
(2) by inserting the following before the text beginning
with ``is entitled'':
``(B) performs full-time military service as a result of a
call or order to active duty in support of a contingency
operation as defined in section 101(a)(13) of title 10;''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to military service performed on or after the date of the
enactment of this Act.
SEC. 1103. COMMON OCCUPATIONAL AND HEALTH STANDARDS FOR DIFFERENTIAL
PAYMENTS AS A CONSEQUENCE OF EXPOSURE TO ASBESTOS.
(a) Prevailing Rate Systems.--Section 5343(c)(4) of title 5, United
States Code, is amended by inserting before the semicolon at the end
the following: ``, and for any hardship or hazard related to asbestos,
such differentials shall be determined by applying occupational safety
and health standards consistent with the permissible exposure limit
promulgated by the Secretary of Labor under the Occupational Safety and
Health Act of 1970''.
(b) General Schedule Pay Rates.--Section 5545(d) of such title is
amended by inserting before the period at the end of the first sentence
the following: ``, and for any hardship or hazard related to asbestos,
such differentials shall be determined by applying occupational safety
and health standards consistent with the permissible exposure limit
promulgated by the Secretary of Labor under the Occupational Safety and
Health Act of 1970''.
(c) Applicability.--Subject to any vested constitutional property
rights, any administrative or judicial determination after the date of
enactment of this Act concerning backpay for a differential established
under sections 5343(c)(4) or 5545(d) of such title shall be based on
occupational safety and health standards described in the amendments
made by subsections (a) and (b).
SEC. 1104. INCREASE IN ANNUAL STUDENT LOAN REPAYMENT AUTHORITY.
Section 5379(b)(2)(A) of title 5, United States Code, is amended by
striking ``$6,000'' and inserting ``$10,000''.
SEC. 1105. AUTHORIZATION FOR CABINET SECRETARIES, SECRETARIES OF
MILITARY DEPARTMENTS, AND HEADS OF EXECUTIVE AGENCIES TO
BE PAID ON A BIWEEKLY BASIS.
(a) Authorization.--Section 5504 of title 5, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by striking the last sentence of both subsection (a)
and subsection (b); and
(3) by inserting after subsection (b) the following:
``(c) For the purposes of this section:
``(1) The term `employee' means--
``(A) an employee in or under an Executive agency;
``(B) an employee in or under the Office of the
Architect of the Capitol, the Botanic Garden, and the
Library of Congress, for whom a basic administrative
workweek is established under section 6101(a)(5) of
this title; and
``(C) an individual employed by the government of
the District of Columbia.
``(2) The term `employee' does not include--
``(A) an employee on the Isthmus of Panama in the
service of the Panama Canal Commission; or
``(B) an employee or individual excluded from the
definition of employee in section 5541(2) of this title
other than an employee or individual excluded by
clauses (ii), (iii), and (xiv) through (xvii) of such
section.
``(3) Notwithstanding paragraph (2), an individual who
otherwise would be excluded from the definition of employee
shall be deemed to be an employee for purposes of this section
if the individual's employing agency so elects, under
guidelines in regulations promulgated by the Office of
Personnel Management under subsection (d)(2).''.
(b) Guidelines.--Subsection (d) of section 5504 of such title, as
redesignated by subsection (a), is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following new paragraph:
``(2) The Office of Personnel Management shall provide guidelines
by regulation for exemptions to be made by the heads of agencies under
subsection (c)(3). Such guidelines shall provide for such exemptions
only under exceptional circumstances.''.
SEC. 1106. SENIOR EXECUTIVE SERVICE AND PERFORMANCE.
(a) Senior Executive Pay.--Chapter 53 of title 5, United States
Code, is amended--
(1) in section 5304--
(A) in subsection (g)(2)--
(i) in subparagraph (A) by striking
``subparagraphs (A)-(E)'' and inserting
``subparagraphs (A)-(D)''; and
(ii) in subparagraph (B) by striking
``subsection (h)(1)(F)'' and inserting
``subsection (h)(1)(D)'';
(B) in subsection (h)(1)--
(i) by striking subparagraphs (B) and (C);
(ii) by redesignating subparagraphs (D),
(E), and (F) as subparagraphs (B), (C), and
(D), respectively;
(iii) in clause (ii) by striking ``or'' at
the end;
(iv) in clause (iii) by striking the period
and inserting a semicolon; and
(v) by adding at the end the following new
clauses:
``(iv) a Senior Executive Service position under section
3132;
``(v) a position in the Federal Bureau of Investigation and
Drug Enforcement Administration Senior Executive Service under
section 3151; or
``(vi) a position in a system equivalent to the system in
clause (iv), as determined by the President's Pay Agent
designated under subsection (d).''; and
(C) in subsection (h)(2)(B)--
(i) in clause (i)--
(I) by striking ``subparagraphs (A)
through (E)'' and inserting
``subparagraphs (A) through (C)''; and
(II) by striking ``clause (i) or
(ii)'' and inserting ``clause (i),
(ii), (iii), (iv), (v), or (vii)''; and
(ii) in clause (ii)--
(I) by striking ``paragraph
(1)(F)'' and inserting ``paragraph
(1)(D)''; and
(II) by striking ``clause (i) or
(ii)'' and inserting ``clause (i),
(ii), (iii), (iv), (v), or (vi)'';
(2) by amending section 5382 to read as follows:
``Sec. 5382. Establishment of rates of pay for the Senior Executive
Service
``(a) Subject to regulations prescribed by the Office of Personnel
Management, there shall be established a range of rates of basic pay
for the Senior Executive Service, and each senior executive shall be
paid at one of the rates within the range, based on individual
performance, contribution to the agency's performance, or both, as
determined under a rigorous performance management system. The lowest
rate of the range shall not be less than the minimum rate of basic pay
payable under section 5376, and the highest rate, for any position
under this system or an equivalent system as determined by the
President's Pay Agent designated under section 5304(d), shall not
exceed the rate for level III of the Executive Schedule. The payment of
the rates shall not be subject to the pay limitation of section 5306(e)
or 5373.
``(b) Notwithstanding the provisions of subsection (a), the
applicable maximum shall be level II of the Executive Schedule for any
agency that is certified under section 5307 as having a performance
appraisal system which, as designed and applied, makes meaningful
distinctions based on relative performance.
``(c) No employee may suffer a reduction in pay by reason of
transfer from an agency with an applicable maximum rate of pay
prescribed under subsection (b) to an agency with an applicable maximum
rate of pay prescribed under subsection (a).''; and
(3) in section 5383--
(A) in subsection (a) by striking ``which of the
rates established under section 5382 of this title''
and inserting ``which of the rates within a range
established under section 5382''; and
(B) in subsection (c) by striking ``for any pay
adjustment under section 5382 of this title'' and
inserting ``as provided in regulations prescribed by
the Office under section 5385''.
(b) Post-Employment Restrictions.--(1) Clause (ii) of section
207(c)(2)(A) of title 18, United States Code is amended to read as
follows:
``(ii) employed in a position which is not referred
to in clause (i) and for which that person is paid at a
rate of basic pay which is equal to or greater than 96
percent of the rate of basic pay for level II of the
Executive Schedule, or, for a period of 2 years
following the enactment of the National Defense
Authorization Act for Fiscal Year 2004, a person who,
on the day prior to the enactment of that Act, was
employed in a position which is not referred to in
clause (i) and for which the rate of basic pay,
exclusive of any locality-based pay adjustment under
section 5304 or section 5304a of title 5, was equal to
or greater than the rate of basic pay payable for level
5 of the Senior Executive Service on the day prior to
the enactment of that Act,''.
(2) Subchapter I of chapter 73 of title 5, United States Code, is
amended by inserting at the end the following new section:
``Sec. 7302. Post-employment notification
``(a) Not later than the effective date of the amendments made by
section 1106 of the National Defense Authorization Act for Fiscal Year
2004, or 180 days after the date of enactment of that Act, whichever is
later, the Office of Personnel Management shall, in consultation with
the Attorney General and the Office of Government Ethics, promulgate
regulations requiring that each Executive branch agency notify any
employee of that agency who is subject to the provisions of section
207(c)(1) of title 18, as a result of the amendment to section
207(c)(2)(A)(ii) of that title by that Act.
``(b) The regulations shall require that notice be given before, or
as part of, the action that affects the employee's coverage under
section 207(c)(1) of title 18, by virtue of the provisions of section
207(c)(2)(A)(ii) of that title, and again when employment or service in
the covered position is terminated.''.
(3) The table of sections for chapter 73 of title 5, United States
Code, is amended by adding after the item relating to section 7301 the
following:
``7302. Post-employment notification.''.
(c) Effective Date and Applicability.--(1) The amendments made by
this section shall take effect on the first day of the first pay period
beginning on or after the first January 1 following the date of
enactment of this section.
(2) The amendments made by subsection (a) may not result in a
reduction in the rate of basic pay for any senior executive during the
first year after the effective date of those amendments.
(3) For the purposes of paragraph (2), the rate of basic pay for a
senior executive shall be deemed to be the rate of basic pay set for
the senior executive under section 5383 of title 5, United States Code,
plus applicable locality pay paid to that senior executive, as of the
date of enactment of this Act.
SEC. 1107. DESIGN ELEMENTS OF PAY-FOR-PERFORMANCE SYSTEMS IN
DEMONSTRATION PROJECTS.
A pay-for-performance system may not be initiated under chapter 47
of title 5, United States Code, after the date of enactment of this
Act, unless it incorporates the following elements:
(1) adherence to merit principles set forth in section 2301
of such title;
(2) a fair, credible, and transparent employee performance
appraisal system;
(3) a link between elements of the pay-for-performance
system, the employee performance appraisal system, and the
agency's strategic plan;
(4) a means for ensuring employee involvement in the design
and implementation of the system;
(5) adequate training and retraining for supervisors,
managers, and employees in the implementation and operation of
the pay-for-performance system;
(6) a process for ensuring ongoing performance feedback and
dialogue between supervisors, managers, and employees
throughout the appraisal period, and setting timetables for
review;
(7) effective safeguards to ensure that the management of
the system is fair and equitable and based on employee
performance; and
(8) a means for ensuring that adequate agency resources are
allocated for the design, implementation, and administration of
the pay-for-performance system.
SEC. 1108. FEDERAL FLEXIBLE BENEFITS PLAN ADMINISTRATIVE COSTS.
(a) In General.--Notwithstanding any other provision of law, an
agency or other employing entity of the Government which provides or
plans to provide a flexible spending account option for its employees
shall not impose any fee with respect to any of its employees in order
to defray the administrative costs associated therewith.
(b) Offset of Administrative Costs.--Each such agency or employing
entity that offers a flexible spending account option under a program
established or administered by the Office of Personnel Management shall
periodically forward to such Office, or entity designated by such
Office, the amount necessary to offset the administrative costs of such
program which are attributable to such agency.
(c) Reports.--(1) The Office shall submit a report to the Committee
on Government Reform of the House of Representatives and the Committee
on Governmental Affairs of the Senate no later than March 31, 2004,
specifying the administrative costs associated with the Governmentwide
program (referred to in subsection (b)) for fiscal year 2003, as well
as the projected administrative costs of such program for each of the 5
fiscal years thereafter.
(2) At the end of each of the first 3 calendar years in which an
agency or other employing entity offers a flexible spending account
option under this section, such agency or entity shall submit a report
to the Office of Management and Budget showing the amount of its
employment tax savings in such year which are attributable to such
option, net of administrative fees paid under section (b).
SEC. 1109. CLARIFICATION OF HATCH ACT.
No Federal employee or individual who, before the date of the
enactment of this Act, was employed in the Office of the Department of
Defense Inspector General and transferred to a Special Court sponsored
by the United Nations pursuant to the authority described in section
3582(a) of title 5, United States Code, shall be subject to enforcement
of the provisions of section 7326 of such title, except that this
section shall not apply in the event that such employee or individual
subsequently becomes reemployed in the civil service.
SEC. 1110. EMPLOYEE SURVEYS.
(a) In General.--Each agency shall conduct an annual survey of its
employees (including survey questions unique to the agency and
questions prescribed under subsection (b)) to assess--
(1) leadership and management practices that contribute to
agency performance; and
(2) employee satisfaction with--
(A) leadership policies and practices;
(B) work environment;
(C) rewards and recognition for professional
accomplishment and personal contributions to achieving
organizational mission;
(D) opportunity for professional development and
growth; and
(E) opportunity to contribute to achieving
organizational mission.
(b) Regulations.--The Office of Personnel Management shall issue
regulations prescribing survey questions that should appear on all
agency surveys under subsection (a) in order to allow a comparison
across agencies.
(c) Availability of Results.--The results of the agency surveys
under subsection (a) shall be made available to the public and posted
on the website of the agency involved, unless the head of such agency
determines that doing so would jeopardize or negatively impact national
security.
(d) Agency defined.--For purposes of this section, the term
``agency'' means an Executive agency (as defined by section 105 of
title 5, United States Code).
SEC. 1111. HUMAN CAPITAL PERFORMANCE FUND.
(a) In General.--Subpart D of part III of title 5, United States
Code, is amended by inserting after chapter 53 the following:
``CHAPTER 54--HUMAN CAPITAL PERFORMANCE FUND
``Sec.
``5401. Purpose.
``5402. Definitions.
``5403. Human Capital Performance Fund.
``5404. Human capital performance payments.
``5405. Regulations.
``5406. Agency plan.
``5407. Nature of payment.
``5408. Appropriations.
``Sec. 5401. Purpose
``The purpose of this chapter is to promote, through the creation
of a Human Capital Performance Fund, greater performance in the Federal
Government. Monies from the Fund will be used to reward agencies'
highest performing and most valuable employees. This Fund will offer
Federal managers a new tool to recognize employee performance that is
critical to the achievement of agency missions.
``Sec. 5402. Definitions
``For the purpose of this chapter--
``(1) `agency' means an Executive agency under section 105,
but does not include the General Accounting Office;
``(2) `employee' includes--
``(A) an individual paid under a statutory pay
system defined in section 5302(1);
``(B) a prevailing rate employee, as defined in
section 5342(a)(2); and
``(C) a category of employees included by the
Office of Personnel Management following the review of
an agency plan under section 5403(b)(1);
but does not include--
``(i) an individual paid at an annual rate of basic
pay for a level of the Executive Schedule, under
subchapter II of chapter 53, or at a rate provided for
one of those levels under another provision of law;
``(ii) a member of the Senior Executive Service
paid under subchapter VIII of chapter 53, or an
equivalent system;
``(iii) an administrative law judge paid under
section 5372;
``(iv) a contract appeals board member paid under
section 5372a;
``(v) an administrative appeals judge paid under
section 5372b; and
``(vi) an individual in a position which is
excepted from the competitive service because of its
confidential, policy-determining, policy-making, or
policy-advocating character; and
``(3) `Office' means the Office of Personnel Management.
``Sec. 5403. Human Capital Performance Fund
``(a) There is hereby established the Human Capital Performance
Fund, to be administered by the Office for the purpose of this chapter.
``(b)(1)(A) An agency shall submit a plan as described in section
5406 to be eligible for consideration by the Office for an allocation
under this section. An allocation shall be made only upon approval by
the Office of an agency's plan.
``(B)(i) After the reduction for training required under section
5408, ninety percent of the remaining amount appropriated to the Fund
may be allocated by the Office to the agencies. Of the amount to be
allocated, an agency's pro rata distribution may not exceed its pro
rata share of Executive branch payroll.
``(ii) If the Office does not allocate an agency's full pro rata
share, the undistributed amount remaining from that share will become
available for distribution to other agencies, as provided in
subparagraph (C).
``(C)(i) After the reduction for training under section 5408, ten
percent of the remaining amount appropriated to the Fund, as well as
the amount of the pro rata share not distributed because of an agency's
failure to submit a satisfactory plan, shall be allocated among
agencies with exceptionally high-quality plans.
``(ii) An agency with an exceptionally high-quality plan is
eligible to receive an additional distribution in addition to its full
pro rata distribution.
``(2) Each agency is required to provide to the Office such payroll
information as the Office specifies necessary to determine the
Executive branch payroll.
``Sec. 5404. Human capital performance payments
``(a)(1) Notwithstanding any other provision of law, the Office may
authorize an agency to provide human capital performance payments to
individual employees based on exceptional performance contributing to
the achievement of the agency mission.
``(2) The number of employees in an agency receiving payments from
the Fund, in any year, shall not be more than the number equal to 15
percent of the agency's average total civilian full- and part-time
permanent employment for the previous fiscal year.
``(b)(1) A human capital performance payment provided to an
individual employee from the Fund, in any year, shall not exceed 10
percent of the employee's rate of basic pay.
``(2) The aggregate of an employee's rate of basic pay, adjusted by
any locality-based comparability payments, and human capital
performance pay, as defined by regulation, may not exceed the rate of
basic pay for Executive Level IV in any year.
``(3) Any human capital performance payment provided to an employee
from the Fund is in addition to any annual pay adjustment (under
section 5303 or any similar provision of law) and any locality-based
comparability payment that may apply.
``(c) No monies from the Human Capital Performance Fund may be used
to pay for a new position, for other performance-related payments, or
for recruitment or retention incentives paid under sections 5753 and
5754.
``(d)(1) An agency may finance initial human capital performance
payments using monies from the Human Capital Performance Fund, as
available.
``(2) In subsequent years, continuation of previously awarded human
capital performance payments shall be financed from other agency funds
available for salaries and expenses.
``Sec. 5405. Regulations
``The Office shall issue such regulations as it determines to be
necessary for the administration of this chapter, including the
administration of the Fund. The Office's regulations shall include
criteria governing--
``(1) an agency plan under section 5406;
``(2) the allocation of monies from the Fund to agencies;
``(3) the nature, extent, duration, and adjustment of, and
approval processes for, payments to individual employees under
this chapter;
``(4) the relationship to this chapter of agency
performance management systems;
``(5) training of supervisors, managers, and other
individuals involved in the process of making performance
distinctions; and
``(6) the circumstances under which funds may be allocated
by the Office to an agency in amounts below or in excess of the
agency's pro rata share.
``Sec. 5406. Agency plan
``(a) To be eligible for consideration by the Office for an
allocation under this section, an agency shall--
``(1) develop a plan that incorporates the following
elements:
``(A) adherence to merit principles set forth in
section 2301;
``(B) a fair, credible, and transparent employee
performance appraisal system;
``(C) a link between the pay-for-performance
system, the employee performance appraisal system, and
the agency's strategic plan;
``(D) a means for ensuring employee involvement in
the design and implementation of the system;
``(E) adequate training and retraining for
supervisors, managers, and employees in the
implementation and operation of the pay-for-performance
system;
``(F) a process for ensuring ongoing performance
feedback and dialogue between supervisors, managers,
and employees throughout the appraisal period, and
setting timetables for review;
``(G) effective safeguards to ensure that the
management of the system is fair and equitable and
based on employee performance; and
``(H) a means for ensuring that adequate agency
resources are allocated for the design, implementation,
and administration of the pay-for-performance system;
``(2) upon approval, receive an allocation of funding from
the Office;
``(3) make payments to individual employees in accordance
with the agency's approved plan; and
``(4) provide such information to the Office regarding
payments made and use of funds received under this section as
the Office may specify.
``(b) The Office, in consultation with the Chief Human Capital
Officers Council, shall review and approve an agency's plan before the
agency is eligible to receive an allocation of funding from the Office.
``(c) The Chief Human Capital Officers Council shall include in its
annual report to Congress under section 1303(d) of the Homeland
Security Act of 2002 an evaluation of the formulation and
implementation of agency performance management systems.
``Sec. 5407. Nature of payment
``Any payment to an employee under this section shall be part of
the employee's basic pay for the purposes of subchapter III of chapter
83, and chapters 84 and 87, and for such other purposes (other than
chapter 75) as the Office shall determine by regulation.
``Sec. 5408. Appropriations
``There is authorized to be appropriated $500,000,000 for fiscal
year 2004, and, for each subsequent fiscal year, such sums as may be
necessary to carry out the provisions of this chapter. In the first
year of implementation, up to 10 percent of the amount appropriated to
the Fund shall be available to participating agencies to train
supervisors, managers, and other individuals involved in the appraisal
process on using performance management systems to make meaningful
distinctions in employee performance and on the use of the Fund.''.
(b) Clerical Amendment.--The table of chapters for part III of
title 5, United States Code, is amended by inserting after the item
relating to chapter 53 the following:
``54. Human Capital Performance Fund 5401''.
Subtitle B--Department of Defense National Security Personnel System
SEC. 1121. DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM.
(a) In General.--(1) Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following new chapter:
``CHAPTER 99--DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM
``Sec.
``9901. Definitions.
``9902. Establishment of human resources management system.
``9903. Attracting highly qualified experts.
``9904. Employment of older Americans.
``9905. Special pay and benefits for certain employees outside the
United States.
``Sec. 9901. Definitions
``For purposes of this chapter--
``(1) the term `Director' means the Director of the Office
of Personnel Management; and
``(2) the term `Secretary' means the Secretary of Defense.
``Sec. 9902. Establishment of human resources management system
``(a) In General.--Notwithstanding any other provision of this
part, the Secretary may, in regulations prescribed jointly with the
Director, establish, and from time to time adjust, a human resources
management system for some or all of the organizational or functional
units of the Department of Defense. If the Secretary certifies that
issuance or adjustment of a regulation, or the inclusion, exclusion, or
modification of a particular provision therein, is essential to the
national security, the Secretary may, subject to the decision of the
President, waive the requirement in the preceding sentence that the
regulation or adjustment be issued jointly with the Director.
``(b) System Requirements.--Any system established under subsection
(a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and
fitness set forth in section 2301, including the
principles of hiring based on merit, fair treatment
without regard to political affiliation or other
nonmerit considerations, equal pay for equal work, and
protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302, relating to
prohibited personnel practices;
``(C)(i) any provision of law referred to in
section 2302(b)(1), (8), and (9); or
``(ii) any provision of law implementing any
provision of law referred to in section 2302(b)(1),
(8), and (9) by--
``(I) providing for equal employment
opportunity through affirmative action; or
``(II) providing any right or remedy
available to any employee or applicant for
employment in the public service;
``(D) any other provision of this part (as
described in subsection (c)); or
``(E) any rule or regulation prescribed under any
provision of law referred to in this paragraph;
``(4) ensure that employees may organize, bargain
collectively as provided for in this chapter, and participate
through labor organizations of their own choosing in decisions
which affect them, subject to the provisions of this chapter
and any exclusion from coverage or limitation on negotiability
established pursuant to law;
``(5) not be limited by any specific law or authority under
this title that is waivable under this chapter or by any
provision of this chapter or any rule or regulation prescribed
under this title that is waivable under this chapter, except as
specifically provided for in this section; and
``(6) include a performance management system that
incorporates the following elements:
``(A) adherence to merit principles set forth in
section 2301;
``(B) a fair, credible, and transparent employee
performance appraisal system;
``(C) a link between the performance management
system and the agency's strategic plan;
``(D) a means for ensuring employee involvement in
the design and implementation of the system;
``(E) adequate training and retraining for
supervisors, managers, and employees in the
implementation and operation of the performance
management system;
``(F) a process for ensuring ongoing performance
feedback and dialogue between supervisors, managers,
and employees throughout the appraisal period, and
setting timetables for review;
``(G) effective safeguards to ensure that the
management of the system is fair and equitable and
based on employee performance; and
``(H) a means for ensuring that adequate agency
resources are allocated for the design, implementation,
and administration of the performance management
system.
``(c) Other Nonwaivable Provisions.--The other provisions of this
part referred to in subsection (b)(3)(D) are (to the extent not
otherwise specified in this title)--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55 (except subchapter V
thereof), 57, 59, 72, 73, and 79, and this chapter.
``(d) Limitations Relating to Pay.--(1) Nothing in this section
shall constitute authority to modify the pay of any employee who serves
in an Executive Schedule position under subchapter II of chapter 53 of
this title.
``(2) Except as provided for in paragraph (1), the total amount in
a calendar year of allowances, differentials, bonuses, awards, or other
similar cash payments paid under this title to any employee who is paid
under section 5376 or 5383 of this title or under title 10 or under
other comparable pay authority established for payment of Department of
Defense senior executive or equivalent employees may not exceed the
total annual compensation payable to the Vice President under section
104 of title 3.
``(3) To the maximum extent practicable, the rates of compensation
for civilian employees at the Department of Defense shall be adjusted
at the same rate, and in the same proportion, as are rates of
compensation for members of the uniformed services.
``(e) Provisions To Ensure Collaboration With Employee
Representatives.--(1) In order to ensure that the authority of this
section is exercised in collaboration with, and in a manner that
ensures the participation of, employee representatives in the planning,
development, and implementation of any human resources management
system or adjustments to such system under this section, the Secretary
and the Director shall provide for the following:
``(A) The Secretary and the Director shall, with respect to
any proposed system or adjustment--
``(i) provide to the employee representatives
representing any employees who might be affected a
written description of the proposed system or
adjustment (including the reasons why it is considered
necessary);
``(ii) give such representatives at least 30
calendar days (unless extraordinary circumstances
require earlier action) to review and make
recommendations with respect to the proposal; and
``(iii) give any recommendations received from such
representatives under clause (ii) full and fair
consideration in deciding whether or how to proceed
with the proposal.
``(B) Following receipt of recommendations, if any, from
such employee representatives with respect to a proposal
described in subparagraph (A), the Secretary and the Director
shall accept such modifications to the proposal in response to
the recommendations as they determine advisable and shall, with
respect to any parts of the proposal as to which they have not
accepted the recommendations--
``(i) notify Congress of those parts of the
proposal, together with the recommendations of the
employee representatives;
``(ii) meet and confer for not less than 30
calendar days with the employee representatives, in
order to attempt to reach agreement on whether or how
to proceed with those parts of the proposal; and
``(iii) at the Secretary's option, or if requested
by a majority of the employee representatives
participating, use the services of the Federal
Mediation and Conciliation Service during such meet and
confer period to facilitate the process of attempting
to reach agreement.
``(C)(i) Any part of the proposal as to which the
representatives do not make a recommendation, or as to which
the recommendations are accepted by the Secretary and the
Director, may be implemented immediately.
``(ii) With respect to any parts of the proposal as to
which recommendations have been made but not accepted by the
Secretary and the Director, at any time after 30 calendar days
have elapsed since the initiation of the congressional
notification, consultation, and mediation procedures set forth
in subparagraph (B), if the Secretary, in his discretion,
determines that further consultation and mediation is unlikely
to produce agreement, the Secretary may implement any or all of
such parts (including any modifications made in response to the
recommendations as the Secretary determines advisable), but
only after 30 days have elapsed after notifying Congress of the
decision to implement the part or parts involved (as so
modified, if applicable).
``(iii) The Secretary shall notify Congress promptly of the
implementation of any part of the proposal and shall furnish
with such notice an explanation of the proposal, any changes
made to the proposal as a result of recommendations from the
employee representatives, and of the reasons why implementation
is appropriate under this subparagraph.
``(D) If a proposal described in subparagraph (A) is
implemented, the Secretary and the Director shall--
``(i) develop a method for the employee
representatives to participate in any further planning
or development which might become necessary; and
``(ii) give the employee representatives adequate
access to information to make that participation
productive.
``(2) The Secretary may, at the Secretary's discretion, engage in
any and all collaboration activities described in this subsection at an
organizational level above the level of exclusive recognition.
``(3) In the case of any employees who are not within a unit with
respect to which a labor organization is accorded exclusive
recognition, the Secretary and the Director may develop procedures for
representation by any appropriate organization which represents a
substantial percentage of those employees or, if none, in such other
manner as may be appropriate, consistent with the purposes of this
subsection.
``(f) Provisions Regarding National Level Bargaining.--(1) Any
human resources management system implemented or modified under this
chapter may include employees of the Department of Defense from any
bargaining unit with respect to which a labor organization has been
accorded exclusive recognition under chapter 71 of this title.
``(2) For any bargaining unit so included under paragraph (1), the
Secretary may bargain at an organizational level above the level of
exclusive recognition. Any such bargaining shall--
``(A) be binding on all subordinate bargaining units at the
level of recognition and their exclusive representatives, and
the Department of Defense and its subcomponents, without regard
to levels of recognition;
``(B) supersede all other collective bargaining agreements,
including collective bargaining agreements negotiated with an
exclusive representative at the level of recognition, except as
otherwise determined by the Secretary;
``(C) not be subject to further negotiations for any
purpose, including bargaining at the level of recognition,
except as provided for by the Secretary; and
``(D) except as otherwise specified in this chapter, not be
subject to review or to statutory third-party dispute
resolution procedures outside the Department of Defense.
``(3) The National Guard Bureau and the Army and Air Force National
Guard are excluded from coverage under this subsection.
``(4) Any bargaining completed pursuant to this subsection with a
labor organization not otherwise having national consultation rights
with the Department of Defense or its subcomponents shall not create
any obligation on the Department of Defense or its subcomponents to
confer national consultation rights on such a labor organization.
``(g) Provisions Relating to Appellate Procedures.--(1) The
Secretary shall--
``(A) establish an appeals process that provides that
employees of the Department of Defense are entitled to fair
treatment in any appeals that they bring in decisions relating
to their employment; and
``(B) in prescribing regulations for any such appeals
process--
``(i) ensure that employees of the Department of
Defense are afforded the protections of due process;
and
``(ii) toward that end, be required to consult with
the Merit Systems Protection Board before issuing any
such regulations.
``(2) Any regulations establishing the appeals process required by
paragraph (1) that relate to any matters within the purview of chapter
77 shall--
``(A) provide for an independent review panel, appointed by
the President, which shall not include the Secretary or the
Deputy Secretary of Defense or any of their subordinates;
``(B) be issued only after--
``(i) notification to the appropriate committees of
Congress; and
``(ii) consultation with the Merit Systems
Protection Board and the Equal Employment Opportunity
Commission;
``(C) ensure the availability of procedures that--
``(i) are consistent with requirements of due
process; and
``(ii) provide, to the maximum extent practicable,
for the expeditious handling of any matters involving
the Department of Defense; and
``(D) modify procedures under chapter 77 only insofar as
such modifications are designed to further the fair, efficient,
and expeditious resolution of matters involving the employees
of the Department of Defense.
``(h) Provisions Related to Separation and Retirement Incentives.--
(1) The Secretary may establish a program within the Department of
Defense under which employees may be eligible for early retirement,
offered separation incentive pay to separate from service voluntarily,
or both. This authority may be used to reduce the number of personnel
employed by the Department of Defense or to restructure the workforce
to meet mission objectives without reducing the overall number of
personnel. This authority is in addition to, and notwithstanding, any
other authorities established by law or regulation for such programs.
``(2) For purposes of this section, the term `employee' means an
employee of the Department of Defense, serving under an appointment
without time limitation, except that such term does not include--
``(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of this title, or another retirement
system for employees of the Federal Government;
``(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability retirement
under any of the retirement systems referred to in paragraph
(1); or
``(C) for purposes of eligibility for separation incentives
under this section, an employee who is in receipt of a decision
notice of involuntary separation for misconduct or unacceptable
performance.
``(3) An employee who is at least 50 years of age and has completed
20 years of service, or has at least 25 years of service, may, pursuant
to regulations promulgated under this section, apply and be retired
from the Department of Defense and receive benefits in accordance with
chapter 83 or 84 if the employee has been employed continuously within
the Department of Defense for more than 30 days before the date on
which the determination to conduct a reduction or restructuring within
1 or more Department of Defense components is approved pursuant to the
program established under subsection (a).
``(4)(A) Separation pay shall be paid in a lump sum or in
installments and shall be equal to the lesser of--
``(i) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of this title, if the
employee were entitled to payment under such section; or
``(ii) $25,000.
``(B) Separation pay shall not be a basis for payment, and shall
not be included in the computation, of any other type of Government
benefit. Separation pay shall not be taken into account for the purpose
of determining the amount of any severance pay to which an individual
may be entitled under section 5595 of this title, based on any other
separation.
``(C) Separation pay, if paid in installments, shall cease to be
paid upon the recipient's acceptance of employment by the Federal
Government, or commencement of work under a personal services contract
as described in paragraph (5).
``(5)(A) An employee who receives separation pay under such program
may not be reemployed by the Department of Defense for a 12-month
period beginning on the effective date of the employee's separation,
unless this prohibition is waived by the Secretary on a case-by-case
basis.
``(B) An employee who receives separation pay under this section on
the basis of a separation occurring on or after the date of the
enactment of the Federal Workforce Restructuring Act of 1994 (Public
Law 103-236; 108 Stat. 111) and accepts employment with the Government
of the United States, or who commences work through a personal services
contract with the United States within 5 years after the date of the
separation on which payment of the separation pay is based, shall be
required to repay the entire amount of the separation pay to the
Department of Defense. If the employment is with an Executive agency
(as defined by section 105 of this title) other than the Department of
Defense, the Director may, at the request of the head of that agency,
waive the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for the
position. If the employment is within the Department of Defense, the
Secretary may waive the repayment if the individual involved is the
only qualified applicant available for the position. If the employment
is with an entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the individual
involved possesses unique abilities and is the only qualified applicant
available for the position. If the employment is with the judicial
branch, the Director of the Administrative Office of the United States
Courts may waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant available for the
position.
``(6) Under this program, early retirement and separation pay may
be offered only pursuant to regulations established by the Secretary,
subject to such limitations or conditions as the Secretary may require.
``(i) Provisions Relating to Reemployment.--If annuitant receiving
an annuity from the Civil Service Retirement and Disability Fund
becomes employed in a position within the Department of Defense, his
annuity shall continue. An annuitant so reemployed shall not be
considered an employee for purposes of chapter 83 or 84.
``(j) Additional Provisions Relating to Personnel Management.--
Notwithstanding subsection (c), the Secretary may exercise authorities
that would otherwise be available to the Secretary under paragraphs
(1), (3), and (8) of section 4703(a) of this title.
``Sec. 9903. Attracting highly qualified experts
``(a) In General.--The Secretary may carry out a program using the
authority provided in subsection (b) in order to attract highly
qualified experts in needed occupations, as determined by the
Secretary.
``(b) Authority.--Under the program, the Secretary may--
``(1) appoint personnel from outside the civil service and
uniformed services (as such terms are defined in section 2101
of this title) to positions in the Department of Defense
without regard to any provision of this title governing the
appointment of employees to positions in the Department of
Defense;
``(2) prescribe the rates of basic pay for positions to
which employees are appointed under paragraph (1) at rates not
in excess of the maximum rate of basic pay authorized for
senior-level positions under section 5376 of this title, as
increased by locality-based comparability payments under
section 5304 of this title, notwithstanding any provision of
this title governing the rates of pay or classification of
employees in the executive branch; and
``(3) pay any employee appointed under paragraph (1)
payments in addition to basic pay within the limits applicable
to the employee under subsection (d).
``(c) Limitation on Term of Appointment.--(1) Except as provided in
paragraph (2), the service of an employee under an appointment made
pursuant to this section may not exceed 5 years.
``(2) The Secretary may, in the case of a particular employee,
extend the period to which service is limited under paragraph (1) by up
to 1 additional year if the Secretary determines that such action is
necessary to promote the Department of Defense's national security
missions.
``(d) Limitations on Additional Payments.--(1) The total amount of
the additional payments paid to an employee under this section for any
12-month period may not exceed the lesser of the following amounts:
``(A) $50,000 in fiscal year 2004, which may be adjusted
annually thereafter by the Secretary, with a percentage
increase equal to one-half of 1 percentage point less than the
percentage by which the Employment Cost Index, published
quarterly by the Bureau of Labor Statistics, for the base
quarter of the year before the preceding calendar year exceeds
the Employment Cost Index for the base quarter of the second
year before the preceding calendar year.
``(B) The amount equal to 50 percent of the employee's
annual rate of basic pay.
For purposes of this paragraph, the term `base quarter' has the meaning
given such term by section 5302(3).
``(2) An employee appointed under this section is not eligible for
any bonus, monetary award, or other monetary incentive for service
except for payments authorized under this section.
``(3) Notwithstanding any other provision of this subsection or of
section 5307, no additional payments may be paid to an employee under
this section in any calendar year if, or to the extent that, the
employee's total annual compensation will exceed the maximum amount of
total annual compensation payable at the salary set in accordance with
section 104 of title 3.
``(e) Savings Provisions.--In the event that the Secretary
terminates this program, in the case of an employee who, on the day
before the termination of the program, is serving in a position
pursuant to an appointment under this section--
``(1) the termination of the program does not terminate the
employee's employment in that position before the expiration of
the lesser of--
``(A) the period for which the employee was
appointed; or
``(B) the period to which the employee's service is
limited under subsection (c), including any extension
made under this section before the termination of the
program; and
``(2) the rate of basic pay prescribed for the position
under this section may not be reduced as long as the employee
continues to serve in the position without a break in service.
``Sec. 9904. Employment of older Americans
``(a) In General.--Notwithstanding any other provision of law, the
Secretary may appoint older Americans into positions in the excepted
service for a period not to exceed 2 years, provided that--
``(1) any such appointment shall not result in--
``(A) the displacement of individuals currently
employed by the Department of Defense (including
partial displacement through reduction of nonovertime
hours, wages, or employment benefits); or
``(B) the employment of any individual when any
other person is in a reduction-in-force status from the
same or substantially equivalent job within the
Department of Defense; and
``(2) the individual to be appointed is otherwise qualified
for the position, as determined by the Secretary.
``(b) Effect on Existing Retirement Benefits.--Notwithstanding any
other provision of law, an individual appointed pursuant to subsection
(a) who otherwise is receiving an annuity, pension, retired pay, or
other similar payment shall not have the amount of said annuity,
pension, or other similar payment reduced as a result of such
employment.
``(c) Extension of Appointment.--Notwithstanding subsection (a),
the Secretary may extend an appointment made pursuant to this section
for up to an additional 2 years if the individual employee possesses
unique knowledge or abilities that are not otherwise available to the
Department of Defense.
``(d) Definition.--For purposes of this section, the term `older
American' means any citizen of the United States who is at least 55
years of age.
``Sec. 9905. Special pay and benefits for certain employees outside the
United States
``The Secretary may provide to certain civilian employees of the
Department of Defense assigned to activities outside the United States
as determined by the Secretary to be in support of Department of
Defense activities abroad hazardous to life or health or so specialized
because of security requirements as to be clearly distinguishable from
normal Government employment--
``(1) allowances and benefits--
``(A) comparable to those provided by the Secretary
of State to members of the Foreign Service under
chapter 9 of title I of the Foreign Service Act of 1980
(Public Law 96-465, 22 U.S.C. 4081 et seq.) or any
other provision of law; or
``(B) comparable to those provided by the Director
of Central Intelligence to personnel of the Central
Intelligence Agency; and
``(2) special retirement accrual benefits and disability in
the same manner provided for by the Central Intelligence Agency
Retirement Act (50 U.S.C. 2001 et seq.) and in section 18 of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
403r).''.
(2) The table of chapters for part III of such title is amended by
adding at the end of subpart I the following new item:
``99. Department of Defense National Security Personnel System. 9901''.
(b) Impact on Department of Defense Civilian Personnel.--(1) Any
exercise of authority under chapter 99 of such title (as added by
subsection (a)), including under any system established under such
chapter, shall be in conformance with the requirements of this
subsection.
(2) No other provision of this Act or of any amendment made by this
Act may be construed or applied in a manner so as to limit, supersede,
or otherwise affect the provisions of this section, except to the
extent that it does so by specific reference to this section.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SEC. 1201. EXPANSION OF AUTHORITY TO PROVIDE ADMINISTRATIVE SUPPORT AND
SERVICES AND TRAVEL AND SUBSISTENCE EXPENSES FOR CERTAIN
FOREIGN LIAISON OFFICERS.
(a) Administrative Support and Services.--Subsection (a) of section
1051a of title 10, United States Code, is amended--
(1) by striking ``involved in a coalition with the United
States'';
(2) by striking ``temporarily''; and
(3) by striking `` in connection with the planning for, or
conduct of, a coalition operation''.
(b) Travel, Subsistence, and Other Expenses.--Subsection (b) of
such section is amended--
(1) by striking ``(1)'';
(2) by striking ``expenses specified in paragraph (2)'' and
inserting ``travel, subsistence, and similar personal
expenses'';
(3) by striking ``developing country'' and inserting
``developing nation'';
(4) by striking ``in connection with the assignment of that
officer to the headquarters of a combatant command as described
in subsection (a)'' and inserting ``involved in a coalition
while the liaison officer is assigned temporarily to a
headquarters described in subsection (a) in connection with the
planning for, or conduct of, a coalition operation''; and
(5) by striking paragraph (2).
(c) Reimbursement.--Subsection (c) of such section is amended by
striking ``by'' before ``subsection (a)'' and inserting ``under''.
(d) Clerical Amendments.--(1) The heading for section 1051a of such
title is amended to read as follows:
``Sec. 1051a. Foreign officers: administrative services and support;
travel, subsistence, and other personal expenses''.
(2) The subsection heading for subsection (a) of such section is
amended by striking ``Authority'' and inserting ``Administrative
Services and Support''.
(3) The item relating to such section in the table of sections at
the beginning of chapter 53 of such title is amended to read as
follows:
``1051a. Foreign officers: administrative services and support; travel,
subsistence, and other personal
expenses.''.
SEC. 1202. RECOGNITION OF SUPERIOR NONCOMBAT ACHIEVEMENTS OR
PERFORMANCE BY MEMBERS OF FRIENDLY FOREIGN FORCES AND
OTHER FOREIGN NATIONALS.
(a) Authority.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1051a the following new section:
``Sec. 1051b. Bilateral or regional cooperation programs: awards and
mementos to recognize superior noncombat achievements or
performance
``(a) General Authority.--The Secretary of Defense may present
awards and mementos purchased with funds appropriated for operation and
maintenance of the armed forces to recognize superior noncombat
achievements or performance by members of friendly foreign forces and
other foreign nationals that significantly enhance or support the
National Security Strategy of the United States.
``(b) Activities That May Be Recognized.--Activities that may be
recognized under subsection (a) include superior 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, including defense
cooperation initiatives, security assistance training and
programs, and training and exercises with the armed forces;
``(3) helps to deter aggression and coercion, build
coalitions, and promote regional stability; or
``(4) serves as a role model for appropriate conduct by
military forces in emerging democracies.
``(c) Limitation.--Expenditures for the purchase or production of
mementos for award under this section may not exceed the `minimal
value' 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
1051a the following new item:
``1051b. Bilateral or regional cooperation programs: awards and
mementos to recognize superior noncombat
achievements or performance.''.
SEC. 1203. EXPANSION OF AUTHORITY TO WAIVE CHARGES FOR COSTS OF
ATTENDANCE AT GEORGE C. MARSHALL EUROPEAN CENTER FOR
SECURITY STUDIES.
Section 1306(b)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892) is amended by
striking ``of cooperation partner states of the North Atlantic Council
or the Partnership for Peace'' and inserting ``from states located in
Europe or the territory of the former Soviet Union''.
SEC. 1204. IDENTIFICATION OF GOODS AND TECHNOLOGIES CRITICAL FOR
MILITARY SUPERIORITY.
(a) In General.--(1) Subchapter II of chapter 148 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2508. Goods and technologies critical for military superiority:
list
``(a) Requirement to Maintain List.--(1) The Secretary of Defense
shall maintain a list of any goods or technology that, if obtained by a
potential adversary, could undermine the military superiority or
qualitative military advantage of the United States over potential
adversaries.
``(2) In this section, the term `goods or technology' means--
``(A) any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and test
equipment; and
``(B) any information and know-how (whether in tangible
form, such as models, prototypes, drawings, sketches, diagrams,
blueprints, or manuals, or in intangible form, such as training
or technical services) that can be used to design, produce,
manufacture, utilize, or reconstruct goods, including computer
software and technical data.
``(b) Matters to be Included on List.--The Secretary shall include
on the list the following:
``(1) Any technology or developing critical technology
(including conventional weapons, weapons of mass destruction,
and delivery systems) that could enhance a potential
adversary's military capabilities or that is critical to the
United States maintaining its military superiority and
qualitative military advantage.
``(2) Any dual-use good, material, or know-how that could
enhance a potential adversary's military capabilities or that
is critical to the United States maintaining its military
superiority and qualitative military advantage, including those
used to manufacture weapons of mass destruction and their
associated delivery systems.
``(c) Requirements.--The Secretary shall ensure that--
``(1) the list is subject to a systematic, ongoing
assessment and analysis of dual-use technologies; and
``(2) the list is updated not less often than every two
months.
``(d) Availability.--The list shall be made available--
``(1) in unclassified form on the Department of Defense
public website, in a usable form; and
``(2) in classified form to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives.''.
(2) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``2508. Goods and technologies critical for military superiority:
list.''.
(b) Deadline for Establishment.--The list required by section 2508
of title 10, United States Code, as added by subsection (a), shall be
established not later than 180 days after the enactment of this Act.
SEC. 1205. REPORT ON ACQUISITION BY IRAQ OF ADVANCED WEAPONS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services and Foreign Relations of the Senate and
the Committees on Armed Services and International Relations of the
House of Representatives a report on the acquisition by Iraq of weapons
of mass destruction and associated delivery systems and the acquisition
by Iraq of advanced conventional weapons.
(b) Matters To Be Included.--The report shall include the
following:
(1) A description of how Iraq was able to obtain any
materials, technology, and know-how for its nuclear, chemical,
biological, ballistic missile, and unmanned aerial vehicle
programs, and advanced conventional weapons programs, from 1979
through April 2003 from entities (including Iraqi citizens)
outside of Iraq.
(2) An assessment of the degree to which United States,
foreign, and multilateral export control regimes prevented
acquisition by Iraq of weapons of mass destruction-related
technology and materials and advanced conventional weapons and
delivery systems since the commencement of international
inspections in Iraq.
(3) An assessment of the effectiveness of United Nations
sanctions at halting the flow of militarily-useful contraband
to Iraq from 1991 until the end of Operation Iraqi Freedom.
(4) An assessment of how Iraq was able to evade
International Atomic Energy Agency and United Nations
inspections regarding chemical, nuclear, biological, and
missile weapons and related capabilities.
(5) Identification and a catalogue of the entities and
countries that transferred militarily useful contraband to Iraq
between 1991 and the end of Operation Iraqi Freedom, and the
nature of that contraband.
(c) Form of Report.--The report shall be submitted in unclassified
form with a classified annex, if necessary.
SEC. 1206. AUTHORITY FOR CHECK CASHING AND CURRENCY EXCHANGE SERVICES
TO BE PROVIDED TO FOREIGN MILITARY MEMBERS PARTICIPATING
IN CERTAIN ACTIVITIES WITH UNITED STATES FORCES.
(a) Authority.--Subsection (b) of section 3342 of title 31, United
States Code, is amended by adding at the end the following new
paragraph:
``(8) A member of the military forces of an allied or
coalition nation who is participating in a joint operation,
joint exercise, humanitarian mission, or peacekeeping mission
with the Armed Forces of the United States, but--
``(A) only if--
``(i) such disbursing official action for
members of the military forces of that nation
is approved by the senior United States
military commander assigned to that operation
or mission; and
``(ii) that nation has guaranteed payment
for any deficiency resulting from such
disbursing official action; and
``(B) in the case of negotiable instruments, only
for a negotiable instrument drawn on a financial
institution located in the United States or on a
foreign branch of such an institution.''.
(b) Technical Amendments.--That subsection is further amended--
(1) by striking ``only for--'' in the matter preceding
paragraph (1) and inserting ``only for the following:'';
(2) by striking ``an'' at the beginning of paragraph (1)
and inserting ``An'';
(3) by striking ``personnel'' in paragraphs (2) and (6) and
inserting ``Personnel'';
(4) by striking ``a'' at the beginning of paragraphs (3),
(4), (5), and (7) and inserting ``A'';
(5) by striking the semicolon at the end of paragraphs (1)
through (5) and inserting a period;
(6) by striking ``; or'' at the end of paragraph (6) and
inserting a period; and
(7) by striking ``1752(1))'' in paragraph (7) and inserting
``1752(1)))''.
SEC. 1207. REQUIREMENTS FOR TRANSFER TO FOREIGN COUNTRIES OF CERTAIN
SPECIFIED TYPES OF EXCESS AIRCRAFT.
(a) Expansion of Transfer Requirement.--Section 2581 of title 10,
United States Code, is amended--
(1) in subsection (a)(1), by striking ``UH-1 Huey
helicopter or AH-1 Cobra helicopter'' and inserting ``UH-1 Huey
aircraft, AH-1 Cobra aircraft, T-2 Buckeye aircraft, or T-37
Tweet aircraft''; and
(2) by striking ``helicopter'' each subsequent place it
appears in such section and inserting ``aircraft''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2581. Specified excess aircraft: requirements for transfer to
foreign countries''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 153 of such title is amended to read as
follows:
``2581. Specified excess aircraft: requirements for transfer to foreign
countries.''.
SEC. 1208. LIMITATION ON NUMBER OF UNITED STATES MILITARY PERSONNEL IN
COLOMBIA.
(a) Limitation.--None of the funds available to the Department of
Defense for any fiscal year may be used to support or maintain more
than 500 members of the Armed Forces on duty in the Republic of
Colombia at any time.
(b) Exclusion of Certain Members.--For purposes of determining
compliance with the limitation in subsection (a), the Secretary of
Defense may exclude the following military personnel:
(1) A member of the Armed Forces in the Republic of
Colombia for the purpose of rescuing or retrieving United
States military or civilian Government personnel, except that
the period for which such a member may be so excluded may not
exceed 30 days unless expressly authorized by law.
(2) A member of the Armed Forces assigned to the United
States Embassy in Colombia as an attache, as a member of the
security assistance office, or as a member of the Marine Corps
security contingent.
(3) A member of the Armed Forces in Colombia to participate
in relief efforts in responding to a natural disaster.
(4) Nonoperational transient military personnel.
(5) A member of the Armed Forces making a port call from a
military vessel in Colombia.
(c) National Security Waiver.--(1) The Secretary of Defense may
waive the limitation in subsection (a) if the Secretary determines that
such waiver is in the national security interest of the United States.
(2) The Secretary shall notify the congressional defense committees
not later 15 days after the date of the exercise of the waiver
authority under paragraph (1).
SEC. 1209. ASSESSMENT AND REPORT CONCERNING THE LOCATION OF NATO
HEADQUARTERS.
(a) Assessment.--The Secretary of Defense shall conduct a full and
complete assessment of costs to the United States associated with the
location of the headquarters of the North Atlantic Treaty Organization
(NATO) in Brussels, Belgium, and the costs and benefits of relocating
that headquarters to a suitable location in another NATO member
country, including those nations invited to join NATO at the Prague
summit in 2002. The Secretary shall conduct such assessment in
consultation with the Secretary of State.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report of the findings of the assessment under subsection
(a).
SEC. 1210. SENSE OF CONGRESS ON REDEPLOYMENT OF UNITED STATES FORCES IN
EUROPE.
(a) Findings.--Congress makes the following findings:
(1) In March 1999, in its initial round of expansion, the
North Atlantic Treaty Organization (NATO) admitted Poland, the
Czech Republic, and Hungary to the Alliance.
(2) At the Prague Summit on November 21-22, 2002, the NATO
heads of state and government invited the countries of
Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and
Slovenia to join the Alliance.
(3) The countries admitted in the initial round of
expansion referred to in paragraph (1) and the seven new
invitee nations referred to in paragraph (2) will in
combination significantly alter the nature of the Alliance.
(4) During the first 50 years of the Alliance, NATO
materially contributed to the security and stability of Western
Europe, brining peace and prosperity to the member nations.
(5) The expansion of NATO is an opportunity to assist the
invitee nations in gaining the capabilities to ensure peace,
prosperity, and democracy for themselves during the next 50
years of the Alliance.
(6) The military structure and mission of NATO has changed,
no longer being focused on the threat of a Soviet invasion, but
evolving to handle new missions in the area of crisis
management, peacekeeping, and peace-support in the Euro-
Atlantic area of operations.
(b) Sense of Congress.--In light of the findings in subsection (a),
it is the sense of Congress that--
(1) the expansion of the North Atlantic Treaty Organization
Alliance and the evolution of the military mission of that
Alliance requires a fundamental reevaluation of the current
posture of United States forces stationed in Europe; and
(2) the President should--
(A) initiate a reevaluation referred to in
paragraph (1); and
(B) in carrying out such a reevaluation, consider a
military posture that takes maximum advantage of basing
and training opportunities in the newly admitted and
invitee states referred to in paragraphs (1) and (2),
respectively, of subsection (a).
SEC. 1211. REPORT ON ACTIONS THAT COULD BE TAKEN REGARDING COUNTRIES
THAT INITIATE CERTAIN LEGAL ACTIONS AGAINST UNITED STATES
OFFICIALS.
(a) Finding.--Congress finds that actions for or on behalf of a
foreign government that constitute attempts to commence legal
proceedings against, or attempts to compel the appearance of or
production of documents from, any current or former official or
employee of the United States or member of the Armed Forces of the
United States relating to the performance of official duties
constitutes a threat to the ability of the United States to take
necessary and timely military action.
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on appropriate steps that could be taken by the Department of Defense
(including restrictions on military travel and limitations on military
support and exchange programs) to respond to any action by a foreign
government described in subsection (a).
SEC. 1212. SENSE OF CONGRESS CONCERNING NAVY PORT CALLS IN ISRAEL.
(a) Findings.--Congress finds the following:
(1) The United States Sixth Fleet has not conducted regular
visits to the port of Haifa, Israel, since the attack on the
U.S.S. Cole in Aden, Yemen, on October 12, 2000, but previously
visited that port on a regular basis, with an average of 90
United States warships visiting Haifa each year.
(2) The United States Navy has invested millions of dollars
in expanding the capacity and capability of the port of Haifa
to accommodate United States Navy requirements and the port of
Haifa is among the most secure harbors in the world and offers
reliable and efficient repair facilities with close proximity
to capable air transport and communications.
(3) The forward presence of United States Navy ships is a
powerful deterrent to aggression and a tangible expression of
American national interests.
(4) The visits of the United States Sixth Fleet to Haifa
demonstrate the historic friendship of the American and Israeli
people and the commitment of the United States to the security
and survival of the State of Israel.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense and the United States Navy
should engage with the Government of Israel and the Israel
Defense Forces to establish appropriate and effective
arrangements to ensure the safety of United States Navy vessels
and personnel; and
(2) upon such arrangements being made, the Sixth Fleet
should resume regular port visits to Haifa, Israel.
SEC. 1213. ASSISTANCE TO IRAQI CHILDREN INJURED DURING OPERATION IRAQI
FREEDOM.
(a) Assistance.--The Secretary of Defense shall, to the maximum
extent practicable, provide all necessary support in an expeditious
manner to assist Iraqi children who were injured during Operation Iraqi
Freedom.
(b) Additional Requirements.--Assistance described in subsection
(a) may be provided to a child only if adequate treatment from other
sources in Iraq or neighboring countries is not available and only
after completion of an evaluation by a physician or other appropriate
medical personnel of the United States Armed Forces. In addition,
assistance described in subsection (a) may be provided only if it would
not adversely affect military operations of the United States.
(c) Definition.--In this section, the term ``Operation Iraqi
Freedom'' means operations of the United States Armed Forces, the armed
forces of the United Kingdom, and the armed forces of other coalition
member countries initiated on or about March 19, 2003--
(1) to disarm Iraq of its weapons of mass destruction;
(2) to enforce United Nations Security Council Resolution
1441 (November 8, 2002) and other relevant Security Council
resolutions with respect to Iraq; and
(3) to liberate the people of Iraq from the regime of
Saddam Hussein.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 2004 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2004 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $450,800,000 authorized
to be appropriated to the Department of Defense for fiscal year 2004 in
section 301(19) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$86,400,000.
(2) For strategic nuclear arms elimination in Ukraine,
$3,900,000.
(3) For nuclear weapons transportation security in Russia,
$23,200,000.
(4) For nuclear weapons storage security in Russia,
$48,000,000.
(5) For activities designated as Other Program Support,
$13,100,000.
(6) For defense and military contacts, $11,100,000.
(7) For chemical weapons destruction in Russia,
$171,500,000.
(8) For biological weapons proliferation prevention in the
former Soviet Union, $54,200,000.
(9) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$39,400,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2004 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (9) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2004 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1) Subject to
paragraphs (2) and (3), in any case in which the Secretary of Defense
determines that it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal year 2004 for a
purpose listed in any of the paragraphs in subsection (a) in excess of
the specific amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount
authorized for such purpose may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (8) of subsection (a) in excess of 125 percent
of the specific amount authorized for such purpose.
SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL CERTAIN PERMITS OBTAINED.
(a) Limitation on Use of Funds.--With respect to a new project or
an incomplete project carried out by the Department of Defense under
Cooperative Threat Reduction programs, not more than 35 percent of the
total costs of the project may be obligated or expended from
Cooperative Threat Reduction funds for any fiscal year until--
(1) the Secretary of Defense determines--
(A) in the case of a new project, the number and
type of permits that may be required for the lifetime
of the project in the proposed location or locations of
the project; and
(B) in the case of an incomplete project, the
number and type of permits that may be required for the
remaining lifetime of the project; and
(2) the government of the state of the former Soviet Union
in which the project is being or is proposed to be carried out
obtains and transmits copies of all such permits to the
Department of Defense.
(b) Definitions.--In this section, with respect to a project under
Cooperative Threat Reduction programs:
(1) New project.--The term ``new project'' means a project
for which no funds have been obligated or expended as of the
date of the enactment of this Act.
(2) Incomplete project.--The term ``incomplete project''
means a project for which funds have been obligated or expended
before the date of the enactment of this Act and which is not
completed as of such date.
(3) Permit.--The term ``permit'' means any local or
national permit for development, general construction,
environmental, land use, or other purposes that is required in
the state of the former Soviet Union in which the project is
being or is proposed to be carried out.
SEC. 1304. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL RESEARCH IN THE
FORMER SOVIET UNION.
Of the funds authorized to be appropriated for biological weapons
proliferation prevention pursuant to section 1302, no funds may be
obligated for cooperative biodefense research or bioattack early
warning and preparedness under a Cooperative Threat Reduction program
at a site in a state of the former Soviet Union until the Secretary of
Defense notifies Congress that--
(1) the Secretary has determined, through access to the
site, that no biological weapons research prohibited by
international law is being conducted at the site;
(2) the Secretary has assessed the vulnerability of the
site to external or internal attempts to exploit or obtain
dangerous pathogens illicitly; and
(3) the Secretary has begun to implement appropriate
security measures at the site to reduce that vulnerability and
to prevent the diversion of dangerous pathogens from legitimate
research.
SEC. 1305. AUTHORITY AND FUNDS FOR NONPROLIFERATION AND DISARMAMENT.
The Secretary of Defense is authorized to transfer $78,000,000 in
prior year Cooperative Threat Reduction funds from the Department of
Defense to the Department of State Nonproliferation and Disarmament
Fund for disarmament and nonproliferation purposes outside the
territory of the former Soviet Union.
SEC. 1306. REQUIREMENT FOR ON-SITE MANAGERS.
(a) On-Site Manager Requirement.--Before obligating any Cooperative
Threat Reduction funds for a project described in subsection (b), the
Secretary of Defense shall appoint a United States Federal Government
employee as an on-site manager.
(b) Projects Covered.--Subsection (a) applies to a project--
(1) to be located in a state of the former Soviet Union;
(2) which involves dismantlement, destruction, or storage
facilities, or construction of a facility; and
(3) with respect to which the total contribution by the
Department of Defense is expected to exceed $25,000,000.
(c) Duties of On-Site Manager.--The on-site manager appointed under
subsection (a) shall--
(1) develop, in cooperation with representatives from
governments of countries participating in the project, a list
of those steps or activities critical to achieving the
project's disarmament or nonproliferation goals;
(2) establish a schedule for completing those steps or
activities;
(3) meet with all participants to seek assurances that
those steps or activities are being completed on schedule; and
(4) suspend United States participation in a project when a
non-United States participant fails to complete a scheduled
step or activity on time, unless directed by the Secretary of
Defense to resume United States participation.
(d) Steps or Activities.--Steps or activities referred to in
subsection (c)(1) are those activities that, if not completed, will
prevent a project from achieving its disarmament or nonproliferation
goals, including, at a minimum, the following:
(1) Identification and acquisition of permits (as defined
in section 1303(b)).
(2) Verification that the items, substances, or
capabilities to be dismantled, secured, or otherwise modified
are available for dismantlement, securing, or modification.
(3) Timely provision of financial, personnel, management,
transportation, and other resources.
(e) Notification to Congress.--In any case in which the Secretary
of Defense directs an on-site manager to resume United States
participation in a project under subsection (c)(4), the Secretary shall
concurrently notify Congress of such direction.
(f) Effective Date.--This section shall take effect six months
after the date of the enactment of this Act.
SEC. 1307. PROVISIONS RELATING TO FUNDING FOR CHEMICAL WEAPONS
DESTRUCTION FACILITY IN RUSSIA.
(a) Inapplicability of Limitation on Use of Funds.--(1) The
conditions described in section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C.
5952 note) shall not apply to the obligation and expenditure of funds
available for obligation during fiscal year 2004 for the planning,
design, or construction of a chemical weapons destruction facility in
Russia if the President submits to Congress a written certification
that includes--
(A) a statement as to why waiving the conditions is
important to the national security interests of the United
States;
(B) a full and complete justification for exercising this
waiver; and
(C) a plan to promote a full and accurate disclosure by
Russia regarding the size, content, status, and location of its
chemical weapons stockpile.
(2) The authority under paragraph (1) shall expire on September 30,
2004.
(b) Availability of Funds.--(1) Except as provided in paragraph
(2), of the funds that may be obligated for a chemical weapons
destruction facility in Russia as specified in section 1302(a)(7), the
Secretary of Defense may not obligate an amount greater than two times
the amount obligated by Russia and any other state for the planning,
design, construction, or operation of a chemical weapons destruction
facility in Russia.
(2) Of the funds that may be obligated for a chemical weapons
destruction facility in Russia as specified in section 1302(a)(7),
$71,500,000 shall be available for obligation on and after October 1,
2003.
SEC. 1308. STUDY RELATING TO EX-SOVIET URANIUM AND PLUTONIUM.
The Secretary of Defense shall submit a study to Congress not later
than one year after the date of the enactment of this Act, examining
the costs and benefits of purchasing all the ex-Soviet weapons-grade
uranium and plutonium in fiscal year 2005, and safeguarding it from
smuggling or theft until it can be rendered unusable for weapons.
TITLE XIV--SERVICES ACQUISITION REFORM
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Services Acquisition Reform Act of
2003''.
SEC. 1402. EXECUTIVE AGENCY DEFINED.
In this title, the term ``executive agency'' has the meaning given
that term in section 4(1) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(1)), unless specifically stated otherwise.
Subtitle A--Acquisition Workforce and Training
SEC. 1411. DEFINITION OF ACQUISITION.
Section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403) is amended by adding at the end the following:
``(16) The term `acquisition'--
``(A) means the process of acquiring, with
appropriated funds, by contract for purchase or lease,
property or services (including construction) that
support the missions and goals of an executive agency,
from the point at which the requirements of the
executive agency are established in consultation with
the chief acquisition officer of the executive agency;
and
``(B) includes--
``(i) the process of acquiring property or
services that are already in existence, or that
must be created, developed, demonstrated, and
evaluated;
``(ii) the description of requirements to
satisfy agency needs;
``(iii) solicitation and selection of
sources;
``(iv) award of contracts;
``(v) contract performance;
``(vi) contract financing:
``(vii) management and measurement of
contract performance through final delivery and
payment; and
``(viii) technical and management functions
directly related to the process of fulfilling
agency requirements by contract.''.
SEC. 1412. ACQUISITION WORKFORCE TRAINING FUND.
(a) Purposes.--The purposes of this section are to ensure that the
Federal acquisition workforce--
(1) adapts to fundamental changes in the nature of Federal
Government acquisition of property and services associated with
the changing roles of the Federal Government; and
(2) acquires new skills and a new perspective to enable it
to contribute effectively in the changing environment of the
21st century.
(b) Establishment of Fund.--Section 37 of the Office of Federal
Procurement Policy Act (41 U.S.C. 433) is amended by adding at the end
of subsection (h) the following new paragraph:
``(3) Acquisition workforce training fund.--(A) The
Administrator of General Services shall establish an
acquisition workforce training fund. The Administrator shall
manage the fund through the Federal Acquisition Institute to
support the training of the acquisition workforce of the
executive agencies other than the Department of Defense. The
Administrator shall consult with the Administrator for Federal
Procurement Policy in managing the fund.
``(B) There shall be credited to the acquisition workforce
training fund 5 percent of the fees collected by executive
agencies (other than the Department of Defense) under the
following contracts:
``(i) Governmentwide task and delivery-order
contracts entered into under sections 303H and 303I of
the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253h and 253i).
``(ii) Governmentwide contracts for the acquisition
of information technology as defined in section 11101
of title 40, United States Code, and multiagency
acquisition contracts for such technology authorized by
section 11314 of such title.
``(iii) Multiple-award schedule contracts entered
into by the Administrator of General Services.
``(C) The head of an executive agency that administers a
contract described in subparagraph (B) shall remit to the
General Services Administration the amount required to be
credited to the fund with respect to such contract at the end
of each quarter of the fiscal year.
``(D) The Administrator of General Services, through the
Office of Federal Acquisition Policy, shall ensure that funds
collected for training under this section are not used for any
purpose other than the purpose specified in subparagraph (A).
``(E) Amounts credited to the fund shall be in addition to
funds requested and appropriated for education and training
referred to in paragraph (1).
``(F) Amounts credited to the fund shall remain available
until expended.''.
(c) Exception.--This section and the amendments made by this
section shall not apply to the acquisition workforce of the Department
of Defense.
SEC. 1413. ACQUISITION WORKFORCE RECRUITMENT PROGRAM.
(a) Authority To Carry Out Program.--For purposes of sections 3304,
5333, and 5753 of title 5, United States Code, the head of a department
or agency of the United States (including the Secretary of Defense) may
determine that certain Federal acquisition positions are ``shortage
category'' positions in order to recruit and appoint directly to
positions of employment in the department or agency highly qualified
persons, such as any person who--
(1) holds a bachelor's degree from an accredited
institution of higher education;
(2) holds, from an accredited law school or an accredited
institution of higher education--
(A) a law degree; or
(B) a masters or equivalent degree in business
administration, public administration, or systems
engineering; or
(3) has significant experience with commercial acquisition
practices, terms, and conditions.
(b) Requirements.--The exercise of authority to take a personnel
action under this section shall be subject to policies prescribed by
the Office of Personnel Management that govern direct recruitment,
including policies requiring appointment of a preference eligible who
satisfies the qualification requirements.
(c) Termination of Authority.--The head of a department or agency
may not appoint a person to a position of employment under this section
after September 30, 2007.
(d) Report.--Not later than March 31, 2007, the Administrator for
Federal Procurement Policy shall submit to Congress a report on the
implementation of this section. The report shall include--
(1) the Administrator's assessment of the efficacy of the
exercise of the authority provided in this section in
attracting employees with unusually high qualifications to the
acquisition workforce; and
(2) any recommendations considered appropriate by the
Administrator on whether the authority to carry out the program
should be extended.
SEC. 1414. ARCHITECTURAL AND ENGINEERING ACQUISITION WORKFORCE.
The Administrator for Federal Procurement Policy, in consultation
with the Secretary of Defense, the Administrator of General Services,
and the Director of the Office of Personnel Management, shall develop
and implement a plan to ensure that the Federal Government maintains
the necessary capability with respect to the acquisition of
architectural and engineering services to--
(1) ensure that Federal Government employees have the
expertise to determine agency requirements for such services;
(2) establish priorities and programs (including
acquisition plans);
(3) establish professional standards;
(4) develop scopes of work; and
(5) award and administer contracts for such services.
Subtitle B--Adaptation of Business Acquisition Practices
PART I--ADAPTATION OF BUSINESS MANAGEMENT PRACTICES
SEC. 1421. CHIEF ACQUISITION OFFICERS.
(a) Appointment of Chief Acquisition Officers.--(1) Section 16 of
the Office of Federal Procurement Policy Act (41 U.S.C. 414) is amended
to read as follows:
``SEC. 16. CHIEF ACQUISITION OFFICERS.
``(a) Establishment of Agency Chief Acquisition Officers.--The head
of each executive agency (other than the Department of Defense) shall
appoint or designate a non-career employee as Chief Acquisition Officer
for the agency, who shall--
``(1) have acquisition management as that official's
primary duty; and
``(2) advise and assist the head of the executive agency
and other agency officials to ensure that the mission of the
executive agency is achieved through the management of the
agency's acquisition activities.
``(b) Authority and Functions of Agency Chief Acquisition
Officers.--The functions of each Chief Acquisition Officer shall
include--
``(1) monitoring the performance of acquisition activities
and acquisition programs of the executive agency, evaluating
the performance of those programs on the basis of applicable
performance measurements, and advising the head of the
executive agency regarding the appropriate business strategy to
achieve the mission of the executive agency;
``(2) increasing the use of full and open competition in
the acquisition of property and services by the executive
agency by establishing policies, procedures, and practices that
ensure that the executive agency receives a sufficient number
of sealed bids or competitive proposals from responsible
sources to fulfill the Government's requirements (including
performance and delivery schedules) at the best value
considering the nature of the property or service procured;
``(3) making acquisition decisions consistent with all
applicable laws and establishing clear lines of authority,
accountability, and responsibility for acquisition
decisionmaking within the executive agency;
``(4) managing the direction of acquisition policy for the
executive agency, including implementation of the unique
acquisition policies, regulations, and standards of the
executive agency;
``(5) developing and maintaining an acquisition career
management program in the executive agency to ensure that there
is an adequate professional workforce; and
``(6) as part of the strategic planning and performance
evaluation process required under section 306 of title 5,
United States Code, and sections 1105(a)(28), 1115, 1116, and
9703 of title 31, United States Code--
``(A) assessing the requirements established for
agency personnel regarding knowledge and skill in
acquisition resources management and the adequacy of
such requirements for facilitating the achievement of
the performance goals established for acquisition
management;
``(B) in order to rectify any deficiency in meeting
such requirements, developing strategies and specific
plans for hiring, training, and professional
development; and
``(C) reporting to the head of the executive agency
on the progress made in improving acquisition
management capability.''.
(2) The item relating to section 16 in the table of contents in
section 1(b) of such Act is amended to read as follows:
``Sec. 16. Chief Acquisition Officers.''.
(b) References to Senior Procurement Executive.--
(1) Amendment to the office of federal policy act.--
(A) Subsections (a)(2)(A) and (b) of section 20 of
the Office of Federal Procurement Policy Act (41 U.S.C.
418(a)(2)(A), (b)) are amended by striking ``senior
procurement executive'' each place it appears and
inserting ``Chief Acquisition Officer''.
(B) Subsection (c)(2)(A)(ii) of section 29 of the
Office of Federal Procurement Policy Act (41 U.S.C.
425(c)(2)(A)(ii)) is amended by striking ``senior
procurement executive'' and inserting ``Chief
Acquisition Officer''.
(C) Subsection (c) of section 37 of the Office of
Federal Procurement Policy Act (41 U.S.C. 433(c)) is
amended--
(i) by striking ``Senior Procurement
Executive'' in the heading and inserting
``Chief Acquisition Officer''; and
(ii) by striking ``senior procurement
executive'' each place it appears and inserting
``Chief Acquisition Officer''.
(2) Amendment to title iii of the federal property and
administrative services act of 1949.--Sections 302C(b) and
303(f)(1)(B)(iii) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 252c, 253) are amended by
striking ``senior procurement executive'' each place it appears
and inserting ``Chief Acquisition Officer''.
(3) Amendment to title 10, united states code.--The
following sections of title 10, United States Code are amended
by striking ``senior procurement executive'' each place it
appears and inserting ``Chief Acquisition Officer'':
(A) Section 133(c)(1).
(B) Subsections (d)(2)(B) and (f)(1) of section
2225.
(C) Section 2302c(b).
(D) Section 2304(f)(1)(B)(iii).
(E) Section 2359a(i).
(4) References.--Any reference to a senior procurement
executive of a department or agency of the United States in any
other provision of law or regulation, document, or record of
the United States shall be deemed to be a reference to the
Chief Acquisition Officer of the department or agency.
(c) Technical Correction.--Section 1115(a) of title 31, United
States Code, is amended by striking ``section 1105(a)(29)'' and
inserting ``section 1105(a)(28)''.
SEC. 1422. CHIEF ACQUISITION OFFICERS COUNCIL.
(a) Establishment of Council.--The Office of Federal Procurement
Policy Act (41 U.S.C. 403 et seq.) is amended by inserting after
section 16 the following new section:
``SEC. 16A. CHIEF ACQUISITION OFFICERS COUNCIL.
``(a) Establishment.--There is established in the executive branch
a Chief Acquisition Officers Council.
``(b) Membership.--The members of the Council shall be as follows:
``(1) The Deputy Director for Management of the Office of
Management and Budget, who shall act as Chairman of the
Council.
``(2) The Administrator for Federal Procurement Policy.
``(3) The chief acquisition officer of each executive
agency.
``(4) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(5) Any other officer or employee of the United States
designated by the Chairman.
``(c) Leadership; Support.--(1) The Administrator for Federal
Procurement Policy shall lead the activities of the Council on behalf
of the Deputy Director for Management.
``(2)(A) The Vice Chairman of the Council shall be selected by the
Council from among its members.
``(B) The Vice Chairman shall serve a 1-year term, and may serve
multiple terms.
``(3) The Administrator of General Services shall provide
administrative and other support for the Council.
``(d) Principal Forum.--The Council is designated the principal
interagency forum for monitoring and improving the Federal acquisition
system.
``(e) Functions.--The Council shall perform functions that include
the following:
``(1) Develop recommendations for the Director of the
Office of Management and Budget on Federal acquisition policies
and requirements.
``(2) Share experiences, ideas, best practices, and
innovative approaches related to Federal acquisition.
``(3) Assist the Administrator in the identification,
development, and coordination of multiagency projects and other
innovative initiatives to improve Federal acquisition.
``(4) Promote effective business practices that ensure the
timely delivery of best value products to the Federal
Government and achieve appropriate public policy objectives.
``(5) Further integrity, fairness, competition, openness,
and efficiency in the Federal acquisition system.
``(6) Work with the Office of Personnel Management to
assess and address the hiring, training, and professional
development needs of the Federal Government related to
acquisition.
``(7) Work with the Administrator and the Federal
Acquisition Regulatory Council to promote the business
practices referred to in paragraph (4) and other results of the
functions carried out under this subsection.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 16
the following new item:
``Sec. 16A. Chief Acquisition Officers Council.''.
SEC. 1423. STATUTORY AND REGULATORY REVIEW.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Administrator for Federal Procurement Policy
shall establish an advisory panel to review laws and regulations
regarding the use of commercial practices, performance-based
contracting, the performance of acquisition functions across agency
lines of responsibility, and the use of Governmentwide contracts.
(b) Membership.--The panel shall be composed of at least nine
individuals who are recognized experts in acquisition law and
Government acquisition policy. In making appointments to the panel, the
Administrator shall--
(1) consult with the Secretary of Defense, the
Administrator of General Services, the Committees on Armed
Services and Government Reform of the House of Representatives,
and the Committees on Armed Services and Governmental Affairs
of the Senate, and
(2) ensure that the members of the panel reflect the
diverse experiences in the public and private sectors.
(c) Duties.--The panel shall--
(1) review all Federal acquisition laws and regulations
with a view toward ensuring effective and appropriate use of
commercial practices and performance-based contracting; and
(2) make any recommendations for the repeal or amendment of
such laws or regulations that are considered necessary as a
result of such review--
(A) to eliminate any provisions in such laws or
regulations that are unnecessary for the effective,
efficient, and fair award and administration of
contracts for the acquisition by the Federal Government
of goods and services;
(B) to ensure the continuing financial and ethical
integrity of acquisitions by the Federal Government;
and
(C) to protect the best interests of the Federal
Government.
(d) Report.--Not later than one year after the establishment of the
panel, the panel shall submit to the Administrator and to the
Committees on Armed Services and Government Reform of the House of
Representatives and the Committees on Armed Services and Governmental
Affairs of the Senate a report containing a detailed statement of the
findings, conclusions, and recommendations of the panel.
PART II--OTHER ACQUISITION IMPROVEMENTS
SEC. 1426. EXTENSION OF AUTHORITY TO CARRY OUT FRANCHISE FUND PROGRAMS.
Section 403(f) of the Federal Financial Management Act of 1994
(Public Law 103-356; 31 U.S.C. 501 note) is amended by striking
``October 1, 2003'' and inserting ``October 1, 2006''.
SEC. 1427. AGENCY ACQUISITION PROTESTS.
(a) Defense Contracts.--(1) Chapter 137 of title 10, United States
Code, is amended by inserting after section 2305a the following new
section:
``Sec. 2305b. Protests
``(a) In General.--An interested party may protest an acquisition
of supplies or services by an agency based on an alleged violation of
an acquisition law or regulation, and a decision regarding such alleged
violation shall be made by the agency in accordance with this section.
``(b) Restriction on Contract Award Pending Decision.--(1) Except
as provided in paragraph (2), a contract may not be awarded by an
agency after a protest concerning the acquisition has been submitted
under this section and while the protest is pending.
``(2) The head of the acquisition activity responsible for the
award of the contract may authorize the award of a contract,
notwithstanding pending protest under this section, upon making a
written finding that urgent and compelling circumstances do not allow
for waiting for a decision on the protest.
``(c) Restriction on Contract Performance Pending Decision.--(1)
Except as provided in paragraph (2), performance of a contract may not
be authorized (and performance of the contract shall cease if
performance has already begun) in any case in which a protest of the
contract award is submitted under this section before the later of--
``(A) the date that is 10 days after the date of contract
award; or
``(B) the date that is five days after an agency debriefing
date offered to an unsuccessful offeror for any debriefing that
is requested and, when requested, is required, under section
2305(b)(5) of this title.
``(2) The head of the acquisition activity responsible for the
award of a contract may authorize performance of the contract
notwithstanding a pending protest under this section upon making a
written finding that urgent and compelling circumstances do not allow
for waiting for a decision on the protest.
``(d) Deadline for Decision.--The head of an agency shall issue a
decision on a protest under this section not later than the date that
is 20 working days after the date on which the protest is submitted to
such head of an agency.
``(e) Construction.--Nothing in this section shall affect the right
of an interested party to file a protest with the Comptroller General
under subchapter V of chapter 35 of title 31 or in the United States
Court of Federal Claims.
``(f) Definitions.--In this section, the terms `protest' and
`interested party' have the meanings given such terms in section 3551
of title 31.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2305a the
following new item:
``2305b. Protests.''.
(b) Other Agencies.--Title III of the Federal Property and
Administrative Services Act of 1949 is amended by inserting after
section 303M (41 U.S.C. 253m) the following new section:
``SEC. 303N. PROTESTS.
``(a) In General.--An interested party may protest an acquisition
of supplies or services by an executive agency based on an alleged
violation of an acquisition law or regulation, and a decision regarding
such alleged violation shall be made by the agency in accordance with
this section.
``(b) Restriction on Contract Award Pending Decision.--(1) Except
as provided in paragraph (2), a contract may not be awarded by an
agency after a protest concerning the acquisition has been submitted
under this section and while the protest is pending.
``(2) The head of the acquisition activity responsible for the
award of a contract may authorize the award of the contract,
notwithstanding a pending protest under this section, upon making a
written finding that urgent and compelling circumstances do not allow
for waiting for a decision on the protest.
``(c) Restriction on Contract Performance Pending Decision.--(1)
Except as provided in paragraph (2), performance of a contract may not
be authorized (and performance of the contract shall cease if
performance has already begun) in any case in which a protest of the
contract award is submitted under this section before the later of--
``(A) the date that is 10 days after the date of contract
award; or
``(B) the date that is five days after an agency debriefing
date offered to an unsuccessful offeror for any debriefing that
is requested and, when requested, is required, under section
303B(e) of this title.
``(2) The head of the acquisition activity responsible for the
award of a contract may authorize performance of the contract
notwithstanding a pending protest under this section upon making a
written finding that urgent and compelling circumstances do not allow
for waiting for a decision on the protest.
``(d) Deadline for Decision.--The head of an executive agency shall
issue a decision on a protest under this section not later than the
date that is 20 working days after the date on which the protest is
submitted to the executive agency.
``(e) Construction.--Nothing in this section shall affect the right
of an interested party to file a protest with the Comptroller General
under subchapter V of chapter 35 of title 31, United States Code, or in
the United States Court of Federal Claims.
``(f) Definitions.--In this section, the terms `protest' and
`interested party' have the meanings given such terms in section 3551
of title 31, United States Code.''.
(c) Conforming Amendment.--Section 3553(d)(4) of title 31, United
States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) in the case of a protest of the same matter regarding
such contract that is submitted under section 2305b of title 10
or section 303N of the Federal Property and Administrative
Services Act of 1949, the date that is 5 days after the date on
which a decision on that protest is issued.''.
SEC. 1428. IMPROVEMENTS IN CONTRACTING FOR ARCHITECTURAL AND
ENGINEERING SERVICES.
(a) Title 10.--Section 2855(b) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``$85,000'' and inserting
``$300,000''; and
(2) by adding at the end the following new paragraph:
``(4) The selection and competition requirements described in
subsection (a) shall apply to any contract for architectural and
engineering services (including surveying and mapping services) that is
entered into by the head of an agency (as such term is defined in
section 2302 of this title).''.
(b) Architectural and Engineering Services.--Architectural and
engineering services (as defined in section 1102 of title 40, United
States Code) shall not be offered under multiple-award schedule
contracts entered into by the Administrator of General Services or
under Governmentwide task and delivery-order contracts entered into
under sections 2304a and 2304b of title 10, United States Code, or
sections 303H and 303I of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253h and 253i) unless such services--
(1) are performed under the direct supervision of a
professional engineer licensed in a State; and
(2) are awarded in accordance with the selection procedures
set forth in chapter 11 of title 40, United States Code.
SEC. 1429. AUTHORIZATION OF TELECOMMUTING FOR FEDERAL CONTRACTORS.
(a) Amendment to the Federal Acquisition Regulation.--Not later
than 180 days after the date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall amend the Federal Acquisition
Regulation issued in accordance with sections 6 and 25 of the Office of
Federal Procurement Policy Act (41 U.S.C. 405 and 421) to permit
telecommuting by employees of Federal Government contractors in the
performance of contracts entered into with executive agencies.
(b) Content of Amendment.--The regulation issued pursuant to
subsection (a) shall, at a minimum, provide that solicitations for the
acquisition of property or services may not set forth any requirement
or evaluation criteria that would--
(1) render an offeror ineligible to enter into a contract
on the basis of the inclusion of a plan of the offeror to
permit the offeror's employees to telecommute; or
(2) reduce the scoring of an offer on the basis of the
inclusion in the offer of a plan of the offeror to permit the
offeror's employees to telecommute, unless the contracting
officer concerned first--
(A) determines that the requirements of the agency,
including the security requirements of the agency,
cannot be met if the telecommuting is permitted; and
(B) documents in writing the basis for that
determination.
(c) GAO Report.--Not later than one year after the date on which
the regulation required by subsection (a) is published in the Federal
Register, the Comptroller General shall submit to Congress--
(1) an evaluation of--
(A) the conformance of the regulations with law;
and
(B) the compliance by executive agencies with the
regulations; and
(2) any recommendations that the Comptroller General
considers appropriate.
(d) Definition.--In this section, the term ``executive agency'' has
the meaning given that term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
Subtitle C--Contract Incentives
SEC. 1431. INCENTIVES FOR CONTRACT EFFICIENCY.
(a) Incentives for Contract Efficiency.--The Office of Federal
Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at
the end the following new section:
``SEC. 41. INCENTIVES FOR EFFICIENT PERFORMANCE OF SERVICES CONTRACTS.
``(a) Options for Services Contracts.--An option included in a
contract for services to extend the contract by one or more periods may
provide that it be exercised on the basis of exceptional performance by
the contractor. A contract that contains such an option provision shall
include performance standards for measuring performance under the
contract, and to the maximum extent practicable be performance-based.
Such option provision shall only be exercised in accordance with
applicable provisions of law or regulation that set forth restrictions
on the duration of the contract containing the option.
``(b) Definition of Performance-Based.--In this section, the term
`performance-based', with respect to a contract, task order, or
contracting, means that the contract, task order, or contracting,
respectively, includes the use of performance work statements that set
forth contract requirements in clear, specific, and objective terms
with measurable outcomes.''.
(b) Clerical and Technical Amendments.--(1) The table of contents
in section 1(b) of such Act is amended by striking the last item and
inserting the following:
``Sec. 40. Protection of constitutional rights of contractors.
``Sec. 41. Incentives for efficient performance of services
contracts.''.
(2) The section before section 41 of such Act (as added by
subsection (a)) is redesignated as section 40.
Subtitle D--Acquisitions of Commercial Items
SEC. 1441. ADDITIONAL INCENTIVE FOR USE OF PERFORMANCE-BASED
CONTRACTING FOR SERVICES.
(a) Other Contracts.--Section 41 of the Office of Federal
Procurement Policy Act, as added by section 1431, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Incentive for Use of Performance-Based Services Contracts.--
(1) A performance-based contract for the procurement of services
entered into by an executive agency or a performance-based task order
for services issued by an executive agency may be treated as a contract
for the procurement of commercial items if--
``(A) the contract or task order sets forth specifically
each task to be performed and, for each task--
``(i) defines the task in measurable, mission-
related terms; and
``(ii) identifies the specific end products or
output to be achieved; and
``(B) the source of the services provides similar services
to the general public under terms and conditions similar to
those offered to the Federal Government.
``(2) The regulations implementing this subsection shall require
agencies to collect and maintain reliable data sufficient to identify
the contracts or task orders treated as contracts for commercial items
using the authority of this subsection. The data may be collected using
the Federal Procurement Data System or other reporting mechanism.
``(3) Not later than two years after the date of the enactment of
this subsection, the Director of the Office of Management and Budget
shall prepare and submit to the Committees on Governmental Affairs and
on Armed Services of the Senate and the Committees on Government Reform
and on Armed Services of the House of Representatives a report on the
contracts or task orders treated as contracts for commercial items
using the authority of this subsection. The report shall include data
on the use of such authority both government-wide and for each
department and agency.
``(4) The authority under this subsection shall expire 10 years
after the date of the enactment of this subsection.''.
(b) Center of Excellence in Service Contracting.--Not later than
180 days after the date of the enactment of this Act, the Administrator
for Federal Procurement Policy shall establish a center of excellence
in contracting for services. The center of excellence shall assist the
acquisition community by identifying, and serving as a clearinghouse
for, best practices in contracting for services in the public and
private sectors.
(c) Repeal of Superseded Provision.--Subsection (b) of section 821
of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-
218) is repealed.
SEC. 1442. AUTHORIZATION OF ADDITIONAL COMMERCIAL CONTRACT TYPES.
Section 8002(d) of the Federal Acquisition Streamlining Act of 1994
(Public Law 103-355; 108 Stat. 3387; 41 U.S.C. 264 note) is amended--
(1) in paragraph (1), by striking ``and'';
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) authority for use of a time and materials contract or
a labor-hour contract for the procurement of commercial
services that are commonly sold to the general public through
such contracts.''.
SEC. 1443. CLARIFICATION OF COMMERCIAL SERVICES DEFINITION.
Subparagraph (F) of section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)(F)) is amended--
(1) by striking ``catalog or''; and
(2) by inserting ``or specific outcomes to be achieved''
after ``performed''.
SEC. 1444. DESIGNATION OF COMMERCIAL BUSINESS ENTITIES.
(a) In General.--Section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403), as amended by section 1411, is further
amended--
(1) by adding at the end of paragraph (12) the following
new subparagraph:
``(I) Items or services produced or provided by a
commercial entity.''; and
(2) by adding at the end the following new paragraph:
``(17) The term `commercial entity' means any enterprise
whose primary customers are other than the Federal Government.
In order to qualify as a commercial entity, at least 90 percent
(in dollars) of the sales of the enterprise over the past three
business years must have been made to private sector
entities.''.
(b) Collection of Data.--Regulations implementing the amendments
made by subsection (a) shall require agencies to collect and maintain
reliable data sufficient to identify the contracts entered into or task
orders awarded for items or services produced or provided by a
commercial entity. The data may be collected using the Federal
Procurement Data System or other reporting mechanism.
(c) OMB Report.--Not later than two years after the date of the
enactment of this subsection, the Director of the Office of Management
and Budget shall prepare and submit to the Committees on Governmental
Affairs and on Armed Services of the Senate and the Committees on
Government Reform and on Armed Services of the House of Representatives
a report on the contracts entered into or task orders awarded for items
or services produced or provided by a commercial entity. The report
shall include data on the use of such authority both government-wide
and for each department and agency.
(d) Comptroller General Review.--The Comptroller General shall
review the implementation of the amendments made by subsection (a) to
evaluate the effectiveness of such implementation in increasing the
availability of items and services to the Federal Government at fair
and reasonable prices.
Subtitle E--Other Matters
SEC. 1451. AUTHORITY TO ENTER INTO CERTAIN PROCUREMENT-RELATED
TRANSACTIONS AND TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.
Title III of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the end the
following new section:
``SEC. 318. AUTHORITY TO ENTER INTO CERTAIN TRANSACTIONS FOR DEFENSE
AGAINST OR RECOVERY FROM TERRORISM OR NUCLEAR,
BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL ATTACK.
``(a) Authority.--
``(1) In general.--The head of an executive agency who
engages in basic research, applied research, advanced research,
and development projects that--
``(A) are necessary to the responsibilities of such
official's executive agency in the field of research
and development, and
``(B) have the potential to facilitate defense
against or recovery from terrorism or nuclear,
biological, chemical, or radiological attack,
may exercise the same authority (subject to the same
restrictions and conditions) with respect to such research and
projects as the Secretary of Defense may exercise under section
2371 of title 10, United States Code, except for subsections
(b) and (f) of such section 2371.
``(2) Prototype projects.--The head of an executive agency
may, under the authority of paragraph (1), carry out prototype
projects that meet the requirements of subparagraphs (A) and
(B) of paragraph (1) in accordance with the requirements and
conditions provided for carrying out prototype projects under
section 845 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note). In
applying the requirements and conditions of that section 845--
``(A) subsection (c) of that section shall apply
with respect to prototype projects carried out under
this paragraph; and
``(B) the Director of the Office of Management and
Budget shall perform the functions of the Secretary of
Defense under subsection (d) of that section.
``(3) Applicability to selected executive agencies.--
``(A) OMB authorization required.--The head of an
executive agency may exercise authority under this
subsection only if authorized by the Director of the
Office of Management and Budget to do so.
``(B) Relationship to authority of department of
homeland security.--The authority under this subsection
shall not apply to the Secretary of Homeland Security
while section 831 of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2224) is in effect.
``(b) Annual Report.--The annual report of the head of an executive
agency that is required under subsection (h) of section 2371 of title
10, United States Code, as applied to the head of the executive agency
by subsection (a), shall be submitted to the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform of the
House of Representatives.
``(c) Regulations.--The Director of the Office of Management and
Budget shall prescribe regulations to carry out this section.''.
SEC. 1452. AUTHORITY TO MAKE INFLATION ADJUSTMENTS TO SIMPLIFIED
ACQUISITION THRESHOLD.
Section 4(11) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(11)) is amended by inserting before the period at the end
the following: ``, except that such amount may be adjusted by the
Administrator every five years to the amount equal to $100,000 in
constant fiscal year 2003 dollars (rounded to the nearest $10,000)''.
SEC. 1453. PROHIBITION ON USE OF QUOTAS.
(a) In General.--After the date of enactment of this Act, the
Office of Management and Budget may not establish, apply, or enforce
any numerical goal, target, or quota for subjecting the employees of a
department or agency of the Government to public-private competitions
or converting such employees or the work performed by such employees to
contractor performance under Office of Management and Budget Circular
A-76 or any other administrative regulation, directive, or policy
unless the goal, target, or quota is based on considered research and
sound analysis of past activities and is consistent with the stated
mission of the department or agency.
(b) Limitations.--Subsection (a) shall not--
(1) otherwise affect the implementation or enforcement of
the Government Performance and Results Act of 1993 (107 Stat.
285); or
(2) prevent any agency of the Executive branch from
subjecting work performed by Federal employees or private
contractors to public-private competition or conversions.
SEC. 1454. APPLICABILITY OF CERTAIN PROVISIONS TO SOLE SOURCE CONTRACTS
FOR GOODS AND SERVICES TREATED AS COMMERCIAL ITEMS.
(a) In General.--No contract awarded on a sole source basis for the
procurement of items or services that are treated as or deemed to be
commercial items pursuant to the amendments made by section 1441, 1444,
or 1457 of this Act shall be exempt from--
(1) cost accounting standards promulgated pursuant to
section 26 of the Office of Federal Procurement Policy Act (41
U.S.C. 422); and
(2) cost or pricing data requirements (commonly referred to
as truth in negotiating) under section 2306a of title 10,
United States Code, and section 304A of title III of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254b).
(b) Limitation.--This section shall not apply to any contract in an
amount not greater than $15,000,000.
SEC. 1455. PUBLIC DISCLOSURE OF NONCOMPETITIVE CONTRACTING FOR THE
RECONSTRUCTION OF INFRASTRUCTURE IN IRAQ.
(a) Disclosure Required.--
(1) Publication and public availability.--The head of an
executive agency of the United States that enters into a
contract for the repair, maintenance, or construction of
infrastructure in Iraq without full and open competition shall
publish in the Federal Register or Commerce Business Daily and
otherwise make available to the public, not later than 30 days
after the date on which the contract is entered into, the
following information:
(A) The amount of the contract.
(B) A brief description of the scope of the
contract.
(C) A discussion of how the executive agency
identified, and solicited offers from, potential
contractors to perform the contract, together with a
list of the potential contractors that were issued
solicitations for the offers.
(D) The justification and approval documents on
which was based the determination to use procedures
other than procedures that provide for full and open
competition.
(2) Inapplicability to contracts after fiscal year 2013.--
Paragraph (1) does not apply to a contract entered into after
September 30, 2013.
(b) Classified Information.--
(1) Authority to withhold.--The head of an executive agency
may--
(A) withhold from publication and disclosure under
subsection (a) any document that is classified for
restricted access in accordance with an Executive order
in the interest of national defense or foreign policy;
and
(B) redact any part so classified that is in a
document not so classified before publication and
disclosure of the document under subsection (a).
(2) Availability to congress.--In any case in which the
head of an executive agency withholds information under
paragraph (1), the head of such executive agency shall make
available an unredacted version of the document containing that
information to the chairman and ranking member of each of the
following committees of Congress:
(A) The Committee on Governmental Affairs of the
Senate and the Committee on Government Reform of the
House of Representatives.
(B) The Committees on Appropriations of the Senate
and House of Representatives.
(C) Each committee that the head of the executive
agency determines has legislative jurisdiction for the
operations of such department or agency to which the
information relates.
(c) Fiscal Year 2003 Contracts.--This section shall apply to
contracts entered into on or after October 1, 2002, except that, in the
case of a contract entered into before the date of the enactment of
this Act, subsection (a) shall be applied as if the contract had been
entered into on the date of the enactment of this Act.
(d) Relationship to Other Disclosure Laws.--Nothing in this section
shall be construed as affecting obligations to disclose United States
Government information under any other provision of law.
(e) Definitions.--In this section, the terms ``executive agency''
and ``full and open competition'' have the meanings given such terms in
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403).
SEC. 1456. AMENDMENTS RELATING TO FEDERAL EMERGENCY PROCUREMENT
FLEXIBILITY.
(a) Repeal of Sunset for Authorities Applicable to Procurements for
Defense Against or Recovery From Terrorism or Nuclear, Biological,
Chemical, or Radiological Attack.--Section 852 of the Homeland Security
Act of 2002 (Public Law 107-296; 116 Stat. 2235) is amended by striking
``, but only if a solicitation of offers for the procurement is issued
during the 1-year period beginning on the date of the enactment of this
Act''.
(b) Applicability of Increased Simplified Acquisition Threshold.--
(1) The matter preceding paragraph (1) of section 853(a) of the
Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2235) is
amended to read as follows:
``(a) Threshold Amounts.--For a procurement referred to in section
852, the simplified acquisition threshold referred to in section 4(11)
of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) is
deemed to be--''.
(2) Subsections (b) and (c) of section 853 of such Act are
repealed.
(3) The heading of section 853 of such Act is amended to read as
follows:
``SEC. 853. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR CERTAIN
PROCUREMENTS.''.
(4) The table of contents in section 1(b) of such Act is amended by
striking the item relating to section 853 and inserting the following:
``Sec. 853. Increased simplified acquisition threshold for certain
procurements.''.
(5) Section 18(c)(1) of the Office of Federal Procurement Policy
Act (41 U.S.C. 416(c)(1)) is amended--
(A) by striking ``or'' at the end of subparagraph (G);
(B) by striking the period at the end of subparagraph (H)
and inserting ``; or''; and
(C) by adding at the end the following:
``(I) the procurement is by the head of an executive agency
pursuant to the special procedures provided in section 853 of
the Homeland Security Act of 2002 (Public Law 107-296).''.
(c) Applicability of Certain Commercial Items Authorities.--(1)
Subsection (a) of section 855 of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2236) is amended to read as follows:
``(a) Authority.--With respect to a procurement referred to in
section 852, the head of an executive agency may deem any item or
service to be a commercial item for the purpose of Federal procurement
laws.''.
(2) Subsection (b)(1) of section 855 of such Act is amended by
striking ``to which any of the provisions of law referred to in
subsection (a) are applied''.
(d) Extension of Deadline for Review and Report.--Section 857(a) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2237)
is amended by striking ``2004'' and inserting ``2006''.
TITLE XV--HIGHER EDUCATION RELIEF OPPORTUNITIES FOR STUDENTS
SEC. 1501. SHORT TITLE; REFERENCE.
(a) Short Title.--This title may be cited as the ``Higher Education
Relief Opportunities for Students Act of 2003''.
(b) Reference.--References in this title to ``the Act'' are
references to the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
SEC. 1502. WAIVER AUTHORITY FOR RESPONSE TO MILITARY CONTINGENCIES AND
NATIONAL EMERGENCIES.
(a) Waivers and Modifications.--
(1) In general.--Notwithstanding any other provision of
law, unless enacted with specific reference to this section,
the Secretary of Education (referred to in this title as the
``Secretary'') may waive or modify any statutory or regulatory
provision applicable to the student financial assistance
programs under title IV of the Act as the Secretary deems
necessary in connection with a war or other military operation
or national emergency to provide the waivers or modifications
authorized by paragraph (2).
(2) Actions authorized.--The Secretary is authorized to
waive or modify any provision described in paragraph (1) as may
be necessary to ensure that--
(A) recipients of student financial assistance
under title IV of the Act who are affected individuals
are not placed in a worse position financially in
relation to that financial assistance because of their
status as affected individuals;
(B) administrative requirements placed on affected
individuals who are recipients of student financial
assistance are minimized, to the extent possible
without impairing the integrity of the student
financial assistance programs, to ease the burden on
such students and avoid inadvertent, technical
violations or defaults;
(C) the calculation of ``annual adjusted family
income'' and ``available income'', as used in the
determination of need for student financial assistance
under title IV of the Act for any such affected
individual (and the determination of such need for his
or her spouse and dependents, if applicable), may be
modified to mean the sums received in the first
calendar year of the award year for which such
determination is made, in order to reflect more
accurately the financial condition of such affected
individual and his or her family;
(D) the calculation under section 484B(b)(2) of the
Act (20 U.S.C. 1091b(b)(2)) of the amount a student is
required to return in the case of an affected
individual may be modified so that no overpayment will
be required to be returned or repaid if the institution
has documented (i) the student's status as an affected
individual in the student's file, and (ii) the amount
of any overpayment discharged; and
(E) institutions of higher education, eligible
lenders, guaranty agencies, and other entities
participating in the student assistance programs under
title IV of the Act that are located in areas that are
declared disaster areas by any Federal, State or local
official in connection with a national emergency, or
whose operations are significantly affected by such a
disaster, may be granted temporary relief from
requirements that are rendered infeasible or
unreasonable by a national emergency, including due
diligence requirements and reporting deadlines.
(b) Notice of Waivers or Modifications.--
(1) In general.--Notwithstanding section 437 of the General
Education Provisions Act (20 U.S.C. 1232) and section 553 of
title 5, United States Code, the Secretary shall, by notice in
the Federal Register, publish the waivers or modifications of
statutory and regulatory provisions the Secretary deems
necessary to achieve the purposes of this section.
(2) Terms and conditions.--The notice under paragraph (1)
shall include the terms and conditions to be applied in lieu of
such statutory and regulatory provisions.
(3) Case-by-case basis.--The Secretary is not required to
exercise the waiver or modification authority under this
section on a case-by-case basis.
(c) Impact Report.--The Secretary shall, not later than 15 months
after first exercising any authority to issue a waiver or modification
under subsection (a), report to the Committee on Education and the
Workforce of the House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate on the impact of any
waivers or modifications issued pursuant to subsection (a) on affected
individuals and the programs under title IV of the Act, and the basis
for such determination, and include in such report the Secretary's
recommendations for changes to the statutory or regulatory provisions
that were the subject of such waiver or modification.
(d) No Delay in Waivers and Modifications.--Sections 482(c) and 492
of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall
not apply to the waivers and modifications authorized or required by
this title.
SEC. 1503. TUITION REFUNDS OR CREDITS FOR MEMBERS OF ARMED FORCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) all institutions offering postsecondary education
should provide a full refund to students who are affected
individuals for that portion of a period of instruction such
student was unable to complete, or for which such individual
did not receive academic credit, because he or she was called
up for active duty or active service; and
(2) if affected individuals withdraw from a course of study
as a result of such active duty or active service, such
institutions should make every effort to minimize deferral of
enrollment or reapplication requirements and should provide the
greatest flexibility possible with administrative deadlines
related to those applications.
(b) Definition of Full Refund.--For purposes of this section, a
full refund includes a refund of required tuition and fees, or a credit
in a comparable amount against future tuition and fees.
SEC. 1504. USE OF PROFESSIONAL JUDGMENT.
A financial aid administrator shall be considered to be making a
necessary adjustment in accordance with section 479A(a) of the Act if
the administrator makes adjustments with respect to the calculation of
the expected student or parent contribution (or both) of an affected
individual, and adequately documents the need for the adjustment.
SEC. 1505. DEFINITIONS.
In this title:
(1) Active duty.--The term ``active duty'' has the meaning
given such term in section 101(d)(1) of title 10, United States
Code, except that such term does not include active duty for
training or attendance at a service school.
(2) Affected individual.--The term ``affected individual''
means an individual who--
(A) is serving on active duty during a war or other
military operation or national emergency;
(B) is performing qualifying National Guard duty
during a war or other military operation or national
emergency;
(C) resides or is employed in an area that is
declared a disaster area by any Federal, State, or
local official in connection with a national emergency;
or
(D) suffered direct economic hardship as a direct
result of a war or other military operation or national
emergency, as determined by the Secretary.
(3) Military operation.--The term ``military operation''
means a contingency operation as such term is defined in
section 101(a)(13) of title 10, United States Code.
(4) National emergency.--The term ``national emergency''
means a national emergency declared by the President of the
United States.
(5) Serving on active duty.--The term ``serving on active
duty during a war or other military operation or national
emergency'' shall include service by an individual who is--
(A) a Reserve of an Armed Force ordered to active
duty under section 12301(a), 12301(g), 12302, 12304, or
12306 of title 10, United States Code, or any retired
member of an Armed Force ordered to active duty under
section 688 of such title, for service in connection
with a war or other military operation or national
emergency, regardless of the location at which such
active duty service is performed; and
(B) any other member of an Armed Force on active
duty in connection with such war, operation, or
emergency or subsequent actions or conditions who has
been assigned to a duty station at a location other
than the location at which such member is normally
assigned.
(6) Qualifying national guard duty.--The term ``qualifying
National Guard duty during a war or other military operation or
national emergency'' means service as a member of the National
Guard on full-time National Guard duty (as defined in section
101(d)(5) of title 10, United States Code) under a call to
active service authorized by the President or the Secretary of
Defense for a period of more than 30 consecutive days under
section 502(f) of title 32, United States Code, in connection
with a war, another military operation, or a national emergency
declared by the President and supported by Federal funds.
SEC. 1506. TERMINATION OF AUTHORITY.
The provisions of this title shall cease to be effective at the
close of September 30, 2005.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2004''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Redstone Arsenal..... $5,500,000
Alaska......................... Fort Wainwright...... $138,800,000
California..................... Fort Irwin........... $3,350,000
Colorado....................... Fort Carson.......... $2,150,000
Georgia........................ Fort Benning......... $34,500,000
Fort Stewart/Hunter $138,550,000
Army Air Field......
Hawaii......................... Helemano Military $1,400,000
Reservation.
Schofield Barracks... $128,100,000
Kansas......................... Fort Leavenworth..... $115,000,000
Fort Riley........... $40,000,000
Kentucky....................... Fort Knox............ $5,500,000
Louisiana...................... Fort Polk............ $72,000,000
Maryland....................... Fort Meade........... $9,600,000
Massachusetts.................. Soldier Systems $5,500,000
Center, Natick......
Missouri....................... Fort Leonard Wood.... $5,900,000
New Jersey..................... Naval Air Engineering $2,250,000
Center, Lakehurst...
Picatinny Arsenal.... $11,800,000
New York....................... Fort Drum............ $139,300,000
North Carolina................. Fort Bragg........... $163,400,000
Oklahoma....................... Fort Sill............ $5,500,000
Texas.......................... Fort Bliss........... $5,400,000
Fort Hood............ $56,700,000
Virginia....................... Fort Belvoir......... $7,000,000
Fort Lee............. $3,850,000
Fort Myer............ $9,000,000
Washington..................... Fort Lewis........... $3,900,000
-----------------
Total............ $1,108,500,000
------------------------------------------------------------------------
(b) Outside the United States.--Subject to subsection (c), using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the installations and
locations outside the United States, and in the amounts, set forth in
the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Grafenwoehr............ $76,000,000
Heidelberg............. $17,000,000
Hohenfels.............. $13,200,000
Vilseck................ $31,000,000
Italy.......................... Aviano Air Base........ $28,500,000
Livorno................ $22,000,000
Korea.......................... Camp Humphreys......... $191,150,000
Kwajalein...................... Kwajalein.............. $9,400,000
---------------
Total.................. $388,250,000
------------------------------------------------------------------------
(c) Condition on Projects Authorization.--The authority of the
Secretary of the Army to proceed with the projects at Camp Humphreys,
Korea, referred to in the table in subsection (b), and to obligate
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(2) in connection with such project, is subject to the
condition that the Secretary submit to the congressional defense
committees written notice in advance that the United States and the
Republic of Korea have entered into an agreement to ensure the
availability and use of land sufficient for such projects.
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations, for the purposes, and in the amounts
set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Wainwright............ 140 Units.................. $64,000,000
Arizona................................. Fort Huachuca.............. 220 Units.................. $41,000,000
Kansas.................................. Fort Riley................. 62 Units................... $16,700,000
Kentucky................................ Fort Knox.................. 178 Units.................. $41,000,000
New Mexico.............................. White Sands Missile Range.. 58 Units................... $14,600,000
Oklahoma................................ Fort Sill.................. 120 Units.................. $25,373,000
Virginia................................ Fort Lee................... 90 Units................... $18,000,000
-------------
Total:................. $220,673,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $34,488,000.
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)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $156,030,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2003, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $3,056,697,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $902,000,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $359,350,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $22,550,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $128,580,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $409,191,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,043,026,000.
(6) For the construction of phase 3 of a barracks complex,
D Street, at Fort Richardson, Alaska, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat.
1280), as amended by section 2105 of this Act, $33,000,000.
(7) For the construction of phase 3 of a barracks complex,
17th and B Streets, at Fort Lewis, Washington, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 115
Stat. 1280), $48,000,000.
(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 2003 (division B of Public Law 107-314; 116
Stat. 2681), $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 Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
2681), $49,000,000.
(10) For the construction of phase 2 of a consolidated
maintenance complex at Fort Sill, Oklahoma, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2681), $13,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $32,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks, Fort Stewart/
Hunter Army Airfield, Georgia).
(3) $87,000,000 (the balance of the amount authorized under
section 2101(a) for construction of the Lewis and Clark
Instructional Facility, Fort Leavenworth, Kansas).
(4) $43,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, Wheeler
Army Airfield, Fort Drum, New York).
(5) $50,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex,
Bastogne Drive, Fort Bragg, North Carolina).
(6) $18,900,000 (the balance of the amount authorized under
section 2101(b) for construction of a barracks complex,
Vilseck, Germany).
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), as amended by section 2105 of the
Military Construction Authorization Act for Fiscal Year 2003 (division
B of Public Law 107-314; 116 Stat. 2689), is further amended--
(1) in the item relating to Fort Richardson, Alaska, by
striking ``$115,000,000'' in the amount column and inserting
``$117,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,364,750,000''.
(b) Conforming Amendment.--Section 2104(b)(2) of that Act (115
Stat. 1284) is amended by striking ``$52,000,000'' and inserting
``$54,000,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $22,230,000
Station, Yuma.
California..................... Marine Corps Air- $42,090,000
Ground Task Force
Training Center,
Twentynine Palms.....
Marine Corps Air $7,640,000
Station, Miramar.....
Marine Corps Base, $73,580,000
Camp Pendleton.......
Naval Air Facility, $18,940,000
San Clemente Island..
Naval Air Station, $34,510,000
Lemoore..............
Naval Air Station, $49,240,000
North Island.........
Naval Air Warfare $12,230,000
Center, China Lake...
Naval Air Warfare $6,150,000
Center, Point Mugu,
San Nicholas Island..
Naval Postgraduate $42,560,000
School, Monterey.
Naval Station, San $49,710,000
Diego.
Connecticut.................... Naval Submarine Base, $3,120,000
New London.
District of Columbia........... Marine Corps Barracks. $1,550,000
Florida........................ Blount Island $115,711,000
(Jacksonville).
Naval Air Station, $9,190,000
Jacksonville.........
Naval Air Station, $4,830,000
Whiting Field, Milton
Naval Surface Warfare $9,550,000
Center, Coastal
Systems Station,
Panama City..........
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.
Indiana........................ Naval Surface Warfare $11,400,000
Center, Crane........
Maryland....................... Naval Air Warfare $28,270,000
Center, Patuxent
River................
Naval Surface Warfare $14,850,000
Center, Indian Head..
Mississippi.................... Naval Air Station, $4,570,000
Meridian.
Naval Station, $6,100,000
Pascagoula.
Nevada......................... Naval Air Station, $4,700,000
Fallon.
New Jersey..................... Naval Air Warfare $20,681,000
Center, Lakehurst.
Naval Weapons Station, $123,720,000
Earle.
North Carolina................. Marine Corps Air $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......
South Carolina................. Naval Weapons Station, $2,350,000
Charleston.
Texas.......................... Naval Air Station, $5,400,000
Corpus Christi.
Virginia....................... Henderson Hall, $1,970,000
Arlington.
Marine Corps Combat $3,700,000
Development Command,
Quantico.............
Naval Air Station, $10,000,000
Oceana.
Naval Amphibious Base, $3,810,000
Little Creek.
Naval Space Command $24,020,000
Center, Dahlgren.....
Naval Station, Norfolk $182,240,000
Norfolk Naval $17,770,000
Shipyard, Portsmouth.
Washington..................... Naval Air Station, $4,350,000
Whidbey Island.
Naval Magazine, Indian $2,240,000
Island.
Naval Shipyard, Puget $12,120,000
Sound.
Naval Submarine Base, $33,820,000
Bangor.
Strategic Weapons $6,530,000
Facility Pacific,
Bangor...............
Various Locations.............. Various Locations, $56,360,000
CONUS.
----------------
Total............. $1,340,662,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Naval Support Activity, $18,030,000
Bahrain...............
Guam........................... Commander, United $1,700,000
States Naval Forces,
Marianas..............
Italy.......................... Naval Air Station, $48,749,000
Sigonella.............
Naval Support Activity, $39,020,000
La Maddalena..........
United Kingdom................. Joint Maritime $7,070,000
Facility, St. Mawgan..
---------------
Total.............. $114,569,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations, for the purposes, and in the amounts
set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Naval Air Station, Lemoore. 187 Units.................. $41,585,000
Florida................................. Naval Air Station, 25 Units................... $4,447,000
Pensacola.................
North Carolina.......................... Marine Corps Air Station, 339 Units.................. 42,803,000
Cherry Point..............
Marine Corps Base, Camp 519 Units.................. $68,531,000
Lejeune...................
-------------
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.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2003, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $2,288,917,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $1,005,882,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $114,569,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $13,624,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $71,141,000.
(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 bachelors enlisted quarters
shipboard ashore at Naval Shipyard Norfolk, Virginia,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2687), $46,730,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $25,690,000 (the balance of the amount authorized under
section 2101(a) for construction of a tertiary sewage treatment
facility, Marine Corp Base, Camp Pendleton, California).
(3) $58,190,000 (the balance of the amount authorized under
section 2101(a) for construction of a battle station training
facility, Naval Training Center, Great Lakes, Illinois).
(4) $96,980,000 (the balance of the amount authorized under
section 2101(a) for construction of a general purpose berthing
pier, Naval Weapons Station Earle, New Jersey).
(5) $118,170,000 (the balance of the amount authorized
under section 2101(a) for construction of the Pier 11
replacement, Naval Station, Norfolk, Virginia).
(6) $28,750,000 (the balance of the amount authorized under
section 2101(a) for construction of outlying landing field
facilities, various locations in the continental United
States).
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $26,000,000
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 $7,445,000
Base.
California..................... Beale Air Force Base... $22,750,000
Edwards Air Force Base. $26,744,000
Vandenberg Air Force $16,500,000
Base.
Colorado....................... Buckley Air Force Base. $7,019,000
District of Columbia........... Bolling Air Force Base. $9,300,000
Florida........................ Hurlburt Field......... $27,200,000
Tyndall Air Force Base. $20,720,000
Georgia........................ Robins Air Force Base.. $37,164,000
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
Mississippi.................... Columbus Air Force Base $2,200,000
Keesler Air Force Base. $2,900,000
Missouri....................... Whiteman Air Force Base $11,600,000
New Jersey..................... McGuire Air Force Base. $11,861,000
New Mexico..................... Kirtland Air Force Base $11,247,000
Tularosa Radar Test $3,600,000
Site.
North Carolina................. Pope Air Force Base.... $24,499,000
Seymour Johnson Air $23,022,000
Force Base.
North Dakota................... Minot Air Force Base... $3,190,000
Ohio........................... Wright-Patterson Air $21,100,000
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.
Shaw Air Force Base.... $8,500,000
Texas.......................... Goodfellow Air Force $20,335,000
Base.
Lackland Air Force Base $57,360,000
Laughlin Air Force Base $12,400,000
Sheppard Air Force Base $38,167,000
Utah........................... Hill Air Force Base.... $15,848,000
Virginia....................... Langley Air Force Base. $25,474,000
Washington..................... McChord Air Force Base. $19,000,000
---------------
Total.................. $668,762,000
------------------------------------------------------------------------
(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 and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Base...... $41,866,000
Spangdahlem Air Base... $5,411,000
Italy.......................... Aviano Air Base........ $14,025,000
Korea.......................... Kunsan Air Base........ $7,059,000
Osan Air Base.......... $16,638,000
Portugal....................... Lajes Field, Azores.... $4,086,000
Turkey......................... Incirlik Air Base...... $3,262,000
United Kingdom................. Royal Air Force, $42,487,000
Lakenheath.
Royal Air Force, $10,558,000
Mildenhall.
Wake Island.................... Wake Island............ $24,000,000
---------------
Total.............. $169,392,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(3), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installation and location, and
in the amount, set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $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, for the purposes, and in the amounts
set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................. Davis-Monthan Air Force 93 Units................... $19,357,000
Base......................
California.............................. Travis Air Force Base...... 56 Units................... $12,723,000
Delaware................................ Dover Air Force Base....... 112 Units.................. $19,601,000
Florida................................. Eglin Air Force Base....... 279 Units.................. $32,166,000
Idaho................................... Mountain Home Air Force 186 Units.................. $37,126,000
Base......................
Maryland................................ Andrews Air Force Base..... 50 Units................... $20,233,000
Missouri................................ Whiteman Air Force Base.... 100 Units.................. $18,221,000
Montana................................. Malmstrom Air Force Base... 94 Units................... $19,368,000
North Carolina.......................... Seymour Johnson Air Force 138 Units.................. $18,336,000
Base......................
North Dakota............................ Grand Forks Air Force Base. 144 Units.................. $29,550,000
Minot Air Force Base....... 200 Units.................. $41,117,000
South Dakota............................ Ellsworth Air Force Base... 75 Units................... $16,240,000
Texas................................... Dyess Air Force Base....... 116 Units.................. $19,973,000
Randolph Air Force Base.... 96 Units................... $13,754,000
Korea................................... Osan Air Base.............. 111 Units.................. $44,765,000
Portugal................................ Lajes Field, Azores........ 42 Units................... $13,428,000
United Kingdom.......................... Royal Air Force, Lakenheath 89 Units................... $23,640,000
-------------
Total.................. $399,598,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(6)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $33,488,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(6)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$227,979,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2003, for military
construction, land acquisition, and military family housing functions
of the Department of the Air Force in the total amount of
$2,477,609,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $660,282,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $169,392,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2301(c), $28,981,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $12,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $115,421,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $657,065,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $834,468,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
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
Offutt Air Force Base, $13,400,000
Nebraska..............
Langley Air Force Base, $13,000,000
Virginia..............
Laughlin Air Force $4,688,000
Base, Texas...........
McChord Air Force Base, $8,100,000
Washington............
Naval Air Station, $9,200,000
Kingsville, Texas.....
Nellis Air Force Base, $12,800,000
Nevada................
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
MacDill, Air Force $25,500,000
Base, Florida.
Naval Amphibious Base, $2,800,000
Coronado, California..
TRICARE Management Activity.... Fort Hood, Texas....... $9,400,000
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.............. $345,770,000
------------------------------------------------------------------------
(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 Activity..... Grafenwoehr, Germany... $36,247,000
Heidelberg, Germany.... $3,086,000
Vilseck, Germany....... $1,773,000
Sigonella, Italy....... $30,234,000
Vicenza, Italy......... $16,374,000
Camp Humphreys, Korea.. $31,683,000
Special Operations Command..... Stuttgart, Germany..... $11,400,000
TRICARE Management Activity.... Anderson Air Force $26,000,000
Base, Guam............
Grafenwoehr, Germany... $12,585,000
---------------
Total.............. $169,382,000
------------------------------------------------------------------------
SEC. 2402. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(8)(A), the Secretary of Defense may
carry out architectural and engineering services and construction
design activities with respect to the construction or improvement of
military family housing units in an amount not to exceed $300,000.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2405(a)(8)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $50,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(6), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code, in the amount of $69,500,000.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2003, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments) in
the total amount of $1,223,066,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $343,570,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $152,017,000.
(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, $66,834,000.
(6) For energy conservation projects authorized by section
2404, $69,500,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $370,427,000.
(8) For military family housing functions:
(A) For planning, design, and improvement of
military family housing and facilities, $350,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $49,440,000.
(C) For credit to the Department of Defense Family
Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code, $300,000.
(9) For construction of the Defense Threat Reduction Center
at Fort Belvoir, Virginia, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2695),
$25,700,000.
(10) For the construction of phase 5 of an ammunition
demilitarization facility at Pueblo Depot Activity, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839) and section
2407 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
$88,388,000.
(11) For the construction of phase 6 of an ammunition
demilitarization facility at Newport Army Ammunition Plant,
Indiana, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (division B
of Public Law 105-261; 112 Stat. 2193), as amended by section
2406 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
$15,207,000.
(12) For the construction of phase 4 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298) and section
2405 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
$16,220,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2003, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment program authorized by
section 2501, in the amount of $169,300,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 2003, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 1803
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $253,788,000; and
(B) for the Army Reserve, $89,840,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $45,762,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $123,408,000; and
(B) for the Air Force Reserve, $61,143,000.
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 AUTHORIZATION OF CERTAIN FISCAL YEAR 2001
PROJECT.
(a) Extension of Certain Project.--Notwithstanding section 2701 of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-407),
the authorization set forth in the table in subsection (b), as provided
in section 2102 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 table referred to in subsection (a) is as follows:
Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina........................ Fort Jackson............. New Construction--GFOQ....... $250,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2000
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 841), the authorizations set forth in the
tables in subsection (b), as provided in section 2302 or 2601 of that
Act and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public Law 107-
314; 116 Stat. 2700), shall remain in effect until October 1, 2004, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2005, whichever is later.
(b) Tables.--The tables referred to in subsection (a) is as
follows:
Air Force: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oklahoma.............................. Tinker Air Force Base.... Replace Family Housing (41 $6,000,000
Units)......................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Fort Pickett............. Multi-purpose Range-Heavy.... $13,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act shall take
effect on the later of--
(1) October 1, 2003; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN MAXIMUM AMOUNT OF AUTHORIZED ANNUAL EMERGENCY
CONSTRUCTION.
Section 2803(c)(1) of title 10, United States Code, is amended by
striking ``$30,000,000'' and inserting ``$45,000,000''.
SEC. 2802. AUTHORITY TO LEASE MILITARY FAMILY HOUSING UNITS IN ITALY.
Section 2828(e)(2) of title 10, United States Code, is amended by
striking ``2,000 units`` and inserting ``2,800 units''.
SEC. 2803. CHANGES TO ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) Space Limitations by Pay Grade.--Section 2880(b)(2) of title
10, United States Code, is amended by striking ``unless the unit is
located on a military installation''.
(b) Department of Defense Housing Fund.--(1) Section 2883 of such
title is amended by striking subsections (a), (b), and (c) and
inserting the following new subsections (a) and (b):
``(a) Establishment.--There is hereby established on the books of
the Treasury an account to be known as the Department of Defense
Housing Improvement Fund (in this section referred to as the `Fund').
``(b) Credits to Fund.--There shall be credited to the Fund the
following:
``(1) Amounts authorized for and appropriated to the Fund.
``(2) Subject to subsection (e), any amounts that the
Secretary of Defense transfers, in such amounts as are provided
for in appropriation Acts, to the 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, 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 the 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.''.
(2) Such section is further amended--
(A) by redesignating subsections (d) through (g) as
subsections (c) through (f), respectively;
(B) in subsection (c), as so redesignated--
(i) in the subsection heading, by striking
``Funds'' and inserting ``Fund'';
(ii) in paragraph (1)--
(I) by striking ``subsection (e)'' and
inserting ``subsection (d)''; and
(II) by striking ``Department of Defense
Family Housing Improvement Fund'' and inserting
``Fund'';
(iii) by striking paragraph (2); and
(iv) by redesignating paragraph (3) as paragraph
(2);
(C) in subsection (e), as so redesignated, by striking ``a
Fund under paragraph (1)(B) or (2)(B) of subsection (c)'' and
inserting ``the Fund under subsection (b)(2)''; and
(D) in subsection (f), as so redesignated, by striking
``$850,000,000'' in paragraph (1) and inserting
``$900,000,000''.
(c) Transfer of Unobligated Amounts.--(1) The Secretary of Defense
shall transfer to the Department of Defense Housing Improvement Fund
established under section 2883(a) of title 10, United States Code (as
amended by subsection (b)), any amounts in the Department of Defense
Family Housing Improvement Fund and the Department of Defense Military
Unaccompanied Housing Improvement that remain available for obligation
as of the date of the enactment of this Act.
(2) Amounts transferred to the Department of Defense Housing
Improvement Fund under paragraph (1) shall be merged with amounts in
that Fund, and shall be available for the same purposes, and subject to
the same conditions and limitations, as other amounts in that Fund.
(d) Conforming Amendments.--(1) Paragraph (3) of section 2814(i) of
such title is amended--
(A) by striking subparagraph (A) and inserting the
following new subparagraph (A):
``(A) The Secretary may transfer funds from the Ford Island
Improvement Account to the Department of Defense Housing Improvement
Fund established by section 2883(a) of this title.''; and
(B) in subparagraph (B), by striking ``a fund'' and
inserting ``the Fund''.
(2) Section 2871(6) of such title is amended by striking
``Department of Defense Family Housing Improvement Fund or the
Department of Defense Military Unaccompanied Housing Improvement Fund''
and inserting ``Department of Defense Housing Improvement Fund''.
(3) Section 2875(e) of such title is amended by striking
``Department of Defense Family Housing Improvement Fund or the
Department of Defense Military Unaccompanied Housing Improvement Fund''
and inserting ``Department of Defense Housing Improvement Fund''.
(e) Clerical Amendments.--(1) The section heading for section 2883
of such title is amended to read as follows:
``Sec. 2883. Department of Defense Housing Improvement Fund''.
(2) The table of sections at the beginning subchapter IV of chapter
169 of such title is amended by striking the item relating to section
2883 and inserting the following new item:
``2883. Department of Defense Housing Improvement Fund.''.
SEC. 2804. ADDITIONAL MATERIAL FOR ANNUAL REPORT ON HOUSING
PRIVATIZATION PROGRAM.
Section 2884(b) of title 10, United States Code, is amended--
(1) in paragraph (2), by inserting before the period at the
end the following: ``, and such recommendations as the
Secretary considers necessary for improving the extent and
effectiveness of the use of such authorities in the future'';
and
(2) by striking paragraph (3) and inserting the following
new paragraphs:
``(3) A review of activities of the Secretary under this
subchapter during such preceding fiscal year, shown for
military family housing, military unaccompanied housing, dual
military family housing and military unaccompanied housing, and
ancillary supporting facilities.
``(4) If a contract for the acquisition or construction of
military family housing, military unaccompanied housing, or
dual military family housing and military unaccompanied housing
entered into during the preceding fiscal year did not include
the acquisition or construction of the types of ancillary
supporting facilities specifically referred to in section
2871(1) of this title, a explanation of the reasons why such
ancillary supporting facilities were not included.
``(5) A description of the Secretary's plans for housing
privatization activities under this subchapter (A) during the
fiscal year for which the budget is submitted, and (B) during
the period covered by the then-current future-years defense
plan under section 221 of this title.''.
SEC. 2805. AUTHORITY TO CONVEY PROPERTY AT MILITARY INSTALLATIONS
CLOSED OR TO BE CLOSED IN EXCHANGE FOR MILITARY
CONSTRUCTION ACTIVITIES.
(a) In General.--(1) Subchapter III of chapter 169 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2869. Conveyance of property at military installations closed or
to be closed in exchange for military construction
activities
``(a) Conveyance Authorized; Consideration.--The Secretary of
Defense may enter into an agreement to convey real property, including
any improvements thereon, located on a military installation that is
closed or realigned under a base closure law to any person who agrees,
in exchange for the real property--
``(1) to carry out, or provide services in connection with,
an authorized military construction project; or
``(2) to transfer to the Secretary of Defense housing that
is constructed or provided by the person and located at or near
a military installation at which there is a shortage of
suitable military family housing or military unaccompanied
housing (or both).
``(b) Conditions on Conveyance Authority.--A conveyance of real
property may be made under subsection (a) only if--
``(1) the fair market value of the consideration to be
received in exchange for the real property conveyed under
subsection (a) is equal to or greater than the fair market
value of the property, including any improvements thereon, as
determined by the Secretary concerned; and
``(2) in the event the fair market value of the
consideration to be received is equal to at least 90 percent,
but less than 100 percent, of the fair market value of the real
property to be conveyed, including any improvements thereon,
the recipient of the property agrees to pay to the Secretary of
Defense an amount equal to the difference in the fair market
values.
``(c) Use of Authority.--(1) To the maximum extent practicable, the
Secretary of Defense shall use the authority provided by subsection (a)
to convey at least 20 percent of the total acreage conveyed each fiscal
year at military installations closed or realigned under the base
closure laws. Notice of the proposed use of this authority shall be
provided in such manner as the Secretary may prescribe, including
publication in the Federal Register and otherwise. In determining such
total acreage for a fiscal year, the Secretary shall exclude real
property identified in a redevelopment plan as property essential to
the reuse or redevlopment of a military installation closed or to be
closed under a base closure law.
``(2) To the maximum extent practicable, the Secretary of Defense
shall endeavor to use the authority provided by subsection (a) to
obtain military construction and military housing services having a
total value of at least $200,000,000 each fiscal year for each of the
military departments.
``(3) The Secretary concerned shall utilize the authority provided
in subsection (a) in lieu of obligating and expending funds
appropriated for military construction and military housing projects
that are authorized by law.
``(d) Deposit of Funds.--The Secretary of Defense may deposit funds
received under subsection (b)(2) in the Department of Defense Housing
Improvement Fund established under section 2883(a) of this title.
``(e) Annual Report.--The Secretary of Defense shall include each
year in the materials that the Secretary submits to Congress in support
of the budget submitted by the President pursuant to section 1105 of
title 31 a report detailing the extent to which the Secretary used the
authority provided by subsection (a) to convey real property in
exchange for military construction and military housing and plans for
the use of such authority for the future. The report shall include the
following:
``(1) The total value of the real property that was
actually conveyed during the preceding fiscal year using the
authority provided by subsection (a).
``(2) The total value of the military construction and
military housing services obtained in exchange, and, if the
dollar goal specified in subsection (c)(2) was not achieved for
a military department, an explanation regarding the reasons why
the goal was not achieved.
``(3) The current inventory of unconveyed lands at military
installations closed or realigned under a base closure law.
``(4) A description of the results of conveyances under
subsection (a) during the preceding fiscal year and plans for
such conveyances for the current fiscal year, the fiscal year
covered by the budget, and the period covered by the current
future-years defense program under section 221 of this title.
``(f) Description of Property.--The exact acreage and legal
description of real property conveyed under subsection (a) shall be
determined by surveys satisfactory to the Secretary of Defense.
``(g) Additional Terms and Conditions.--The Secretary of Defense
may require such additional terms and conditions in connection with a
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.''.
(2) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``2869. Conveyance of property at military installations closed or to
be closed in exchange for military
construction activities.''.
(b) Exception to Requirement for Authorization of Number of Housing
Units.--Section 2822(b) of such title is amended by adding at the end
the following new paragraph:
``(6) Housing units constructed or provided under section
2869 of this title.''.
(c) Conforming Amendment to Department of Defense Housing
Improvement Fund.--Section 2883(b) of such title, as amended by section
2803, is further amended by adding at the end the following new
paragraph:
``(6) Any amounts that the Secretary concerned transfers to
the Fund pursuant to section 2869 of this title.''.
(d) Conforming Repeals to Base Closure Laws.--(1) Section 204(e) of
the Defense Authorization Amendments and Base Closure and Realignment
Act (Public Law 100-526; 10 U.S.C. 2687 note) is repealed.
(2) Section 2905(f) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) is repealed.
SEC. 2806. CONGRESSIONAL NOTIFICATION AND REPORTING REQUIREMENTS AND
LIMITATIONS REGARDING USE OF OPERATION AND MAINTENANCE
FUNDS FOR CONSTRUCTION.
(a) In General.--Subchapter I of chapter 169 of title 10, United
States Code, is amended by inserting after section 2809 the following
new section:
``Sec. 2810. Use of operation and maintenance funds for construction:
notification and reporting requirements and limitations
``(a) Advance Notification of Obligation of Funds.--(1) The
Secretary concerned shall submit to the appropriate committees of
Congress advance written notice before appropriations available for
operation and maintenance are obligated for construction described in
paragraph (2). The notice shall be submitted not later than 14 days
before the date on which appropriations available for operation and
maintenance are first obligated for that construction and shall contain
the information required by subsection (c).
``(2) Paragraph (1) applies with respect to any construction having
an estimated total cost of more than $1,500,000, but not more than
$5,000,000, which is paid for in whole or in part using appropriations
available for operation and maintenance, if--
``(A) the construction is necessary to meet urgent military
operational requirements of a temporary nature;
``(B) the construction was not carried out at a military
installation where the United States is reasonably expected to
have a long-term interest or presence;
``(C) the United States has no intention of using the
construction after the operational requirement has been
satisfied; and
``(D) the level of construction is the minimum necessary to
meet the temporary operational need.
``(b) Waiver Authority; Congressional Notification.--(1) The
Secretary concerned may waive the advance notice requirement under
subsection (a) on a case-by-case basis if the Secretary determines
that--
``(A) the project is vital to the national security or to
the protection of health, safety, or the quality of the
environment; and
``(B) the requirement for the construction is so urgent
that deferral of the construction during the period specified
in subsection (a)(1) would be inconsistent with national
security or the protection of health, safety, or environmental
quality, as the case may be.
``(2) Not later than five days after the date on which a waiver is
granted under paragraph (1), the Secretary concerned shall provide to
the appropriate committees of Congress written notice containing the
reasons for the waiver and the information required by subsection (c)
with regard to the construction for which the waiver was granted.
``(c) Content of Notice.--The notice provided under subsection (a)
or (b) with regard to construction funded using appropriations
available for operation and maintenance shall include the following:
``(1) A description of the purpose for which the funds are
being obligated.
``(2) An estimate of the total amount to be obligated for
the construction.
``(3) The reasons appropriations available for operation
and maintenance are being used.
``(d) Limitations on Use of Operation and Maintenance Funds.--(1)
The Secretary concerned shall not use appropriations available for
operation and maintenance to carry out any construction having an
estimated total cost of more than $5,000,000.
``(2) The total cost of construction carried out by the Secretaries
concerned in whole or in part using appropriations available for
operation and maintenance shall not exceed $200,000,000 in any fiscal
year.
``(e) Quarterly Report.--The Secretary concerned shall submit to
the appropriate committees of Congress a quarterly report on the
worldwide obligation and expenditure of appropriations available for
operation and maintenance by the Secretary concerned for construction
during the preceding quarter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2809 the following new item:
``2810. Use of operation and maintenance funds for construction:
notification and reporting requirements and
limitations.''.
SEC. 2807. INCREASE IN AUTHORIZED MAXIMUM LEASE TERM FOR FAMILY HOUSING
AND OTHER FACILITIES IN CERTAIN FOREIGN COUNTRIES.
(a) Lease of Military Family Housing.--Section 2828(d)(1) of title
10, United States Code, is amended by striking ``ten years,'' and
inserting ``10 years, or 15 years in the case of leases in Korea,''.
(b) Leases of Other Facilities.--Section 2675 of such title is
amended by inserting after ``five years,'' the following: ``or 15 years
in the case of a lease in Korea,''.
SEC. 2808. ANNUAL REPORT ON MILITARY CONSTRUCTION REQUIREMENTS TO
SUPPORT HOMELAND DEFENSE MISSIONS OF THE ARMED FORCES.
As part of the annual defense authorization request required by
section 113a(b) of title 10, United States Code, the Secretary of
Defense shall include an assessment of the military construction
requirements anticipated to be necessary to support the homeland
defense missions of the Armed Forces for the fiscal year for which the
defense authorization request is submitted, for the fiscal years
covered by the then-current future-years defense plan under section 221
of such title, and for subsequent fiscal years.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. REAL PROPERTY TRANSACTIONS.
(a) Increase in Land Acquisition Authority Cost Threshold.--Section
2672 of title 10, United States Code, is amended by striking
``$500,000'' both places it appears and inserting ``$1,500,000''.
(b) Prompt Notification of Certain Land Acquisitions.--Section
2672a of such title is amended--
(1) in subsection (a)(1), by striking ``he or his
designee'' and inserting ``the Secretary'';
(2) in subsection (b), by striking the last sentence; and
(3) by adding at the end the following new subsection:
``(c) Not later than 10 days after the determination is made under
subsection (a)(1) that acquisition of an interest in land is needed in
the interest of the national defense, the Secretary of the military
department making that determination shall provide to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives written notice containing a description of the
property and interest to be acquired and the reasons for the
acquisition.''.
(c) Modification of Related Notification Requirements.--Section
2662 of such title is amended--
(1) in subsection (a)--
(A) by striking ``30 days'' and all that follows
through ``is submitted'' and inserting ``14 days after
the beginning of the month with respect to which a
single report containing the facts concerning such
transaction and all other such proposed transactions
for that month is submitted, not later than the first
day of that month,''; and
(B) by striking ``$500,000'' each place it appears
and inserting ``$1,500,000'';
(2) in subsection (b), by striking ``more than'' and all
that follows through ``$500,000'' and inserting ``more than
$250,000 but not more than $1,500,000'';
(3) in subsection (e)--
(A) by striking ``$500,000'' and inserting
``$1,000,000''; and
(B) by striking ``thirty days'' and inserting ``14
days''; and
(4) in subsection (g)(3), by striking ``30 days'' and
inserting ``14 days''.
(d) Clerical Amendments.--(1) The heading of section 2672 of such
title is amended to read as follows:
``Sec. 2672. Authority to acquire low-cost interests in land''.
(2) The item relating to section 2672 in the table of sections at
the beginning of chapter 159 of such title is amended to read as
follows:
``2672. Authority to acquire low-cost interests in land.''.
SEC. 2812. SENSE OF CONGRESS ON DEMOLITION OF ARMY TACONY WAREHOUSE
DEPOT SITE, PHILADELPHIA, PENNSYLVANIA.
(a) Findings.--Congress finds the following:
(1) The Department of Defense Appropriations Act, 2001
(Public Law 106-259; 114 Stat. 656), appropriated $5,000,000
for the demolition of the Army Tacony Warehouse depot site in
Philadelphia, Pennsylvania, operated by Fort Dix.
(2) The Secretary of the Army has yet to implement plans to
demolish the Tacony warehouse.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Army should take swift action to finally demolish the
Tacony warehouse, as previously required by Act of Congress.
Subtitle C--Land Conveyances
SEC. 2821. TERMINATION OF LEASE AND CONVEYANCE OF ARMY RESERVE
FACILITY, CONWAY, ARKANSAS.
(a) Termination of Lease.--Upon the completion of the replacement
facility authorized for the Army Reserve facility located in Conway,
Arkansas, the Secretary of the Army may terminate the 99-year lease
between the Secretary and the University of Central Arkansas for the
property on which the old facility is located.
(b) Conveyance of Facility.--As part of the termination of the
lease under subsection (a), the Secretary may convey, without
consideration, to the University of Central Arkansas all right, title,
and interest of the United States in and to the Army Reserve facility
located on the leased property.
(c) Assumption of Liability.--The University of Central Arkansas
shall expressly accept any and all liability pertaining to the physical
condition of the Army Reserve facility conveyed under subsection (b)
and shall hold the United States harmless from any and all liability
arising from the facility's physical condition.
SEC. 2822. ACTIONS TO QUIET TITLE, FALLIN WATERS SUBDIVISION, EGLIN AIR
FORCE BASE, FLORIDA.
(a) Authority to Quiet Title.--(1) Notwithstanding the restoration
provisions under the heading ``quartermaster corps'' in the Second
Deficiency Appropriation Act, 1940 (Act of June 27, 1940; chapter 437;
54 Stat. 655), the Secretary of the Air Force may take appropriate
action to quiet title to tracts of land referred to in paragraph (2)
on, at, adjacent, adjoining, or near Eglin Air Force Base, Florida. The
Secretary may take such action in order to resolve encroachments upon
private property by the United States and upon property of the United
States by private parties, which resulted from reliance on inaccurate
surveys.
(2) The tracts of land referred to in paragraph (1) are generally
described as south of United States Highway 98 and bisecting the north/
south section line of sections 13 and 14, township 2 south, range 25
west, located in the platted subdivision of Fallin Waters, Okaloosa
County, Florida. The exact acreage and legal description of such tracts
of land shall be determined by a survey satisfactory to the Secretary.
(b) Authorized Actions.--In carrying out subsection (a),
appropriate action by the Secretary may include any of the following:
(1) Disclaiming, on behalf of the United States, any intent
by the United States to acquire by prescription any property at
or in the vicinity of Eglin Air Force Base.
(2) Disposing of tracts of land owned by the United States.
(3) Acquiring tracts of land by purchase, by donation, or
by exchange for tracts of land owned by the United States at or
adjacent to Eglin Air Force Base.
(c) Acreage Limitations.--Individual tracts of land acquired or
conveyed by the Secretary under paragraph (2) or (3) of subsection (a)
may not exceed .10 acres. The total acreage so acquired may not exceed
two acres.
(d) Consideration.--Any conveyance by the Secretary under this
section may be made, at the discretion of the Secretary, without
consideration, or by exchange for tracts of land adjoining Eglin Air
Force Base in possession of private parties who mistakenly believed
that they had acquired title to such tracts.
SEC. 2823. MODIFICATION OF LAND CONVEYANCE, EGLIN AIR FORCE BASE,
FLORIDA.
(a) Modification.--Public Law 91-347 (84 Stat. 447) is amended--
(1) in the first section, by inserting ``or for other
public purposes'' before the period at the end; and
(2) in section 3(1)--
(A) by inserting ``or for other public purposes''
after ``schools''; and
(B) by striking ``such purpose'' and inserting
``such a purpose''.
(b) Alteration of Legal Instrument.--The Secretary of the Air Force
shall execute and file in the appropriate office an amended deed or
other appropriate instrument effectuating the modification of the
reversionary interest retained by the United States in connection with
the conveyance made pursuant to Public Law 91-347.
SEC. 2824. LAND CONVEYANCE, FORT CAMPBELL, KENTUCKY AND TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the department of transportation of the State of Tennessee (in this
section referred to as the ``department'') all right, title, and
interest of the United States in and to a parcel of real property
(right-of-way), including any improvements thereon, located at Fort
Campbell, Kentucky and Tennessee, for the purpose of realigning and
upgrading United States Highway 79 from a two-lane highway to a four-
lane highway.
(b) Consideration.--(1) As consideration for the conveyance under
subsection (a), the department shall pay from any source (including
Federal funds made available to the State from the Highway Trust Fund)
all of the costs of the Secretary incurred--
(A) to convey the property, including costs related to the
preparation of documents under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), surveys (including
all surveys required under subsection (c)), cultural reviews,
and administrative oversight;
(B) to relocate a cemetery to permit the highway
realignment and upgrading;
(C) to acquire approximately 200 acres of mission-essential
replacement property required to support the training mission
at Fort Campbell; and
(D) to dispose of residual Federal property located south
of the realigned highway.
(2) The Secretary may accept funds under this subsection from the
Federal Highway Administration or the State of Tennessee to pay costs
described in paragraph (1) and credit them to the appropriate
Department of the Army accounts for the purpose of paying such costs.
(3) All funds accepted by the Secretary under this subsection shall
remain available until expended.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) or
acquired and disposed of under section (b) shall be determined by
surveys satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2825. LAND CONVEYANCE, 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, a nonappropriated fund
instrumentality of the United States, to convey, by sale, all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon, located at 1515
Roundtable Drive in Dallas, Texas.
(b) Consideration.--As consideration for conveyance under
subsection (a), the purchaser shall pay to the Secretary, in a single
lump sum payment, an amount equal to the fair market value of the real
property conveyed, as determined by the Secretary. Section 574(a) of
title 40, United States Code, shall apply with respect to the amounts
received by the Secretary under this subsection.
(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.
SEC. 2826. LAND CONVEYANCE, NAVAL RESERVE CENTER, ORANGE, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Orange, Texas (in this section referred to as the
``City''), all right, title, and interest of the United States in and
to a parcel of unimproved real property consisting of approximately 2.5
acres at Naval Reserve Center, Orange, Texas for the purpose of
permitting the City to use the property for road construction, economic
development, and other public purposes.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall provide the United States, whether by
cash payment, in-kind contribution, or a combination thereof, an amount
that is not less than the fair market value, as determined by the
Secretary, of the property conveyed under such subsection.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the City to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the City in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess amount to the
City.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Exemption From Federal Screening.--The conveyance authorized by
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to sections 2693 and 2696 of title 10,
United States Code.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2827. LAND CONVEYANCE, FORT BELVOIR, VIRGINIA.
(a) Conveyance Required.--The Secretary of the Army shall convey,
without consideration, to Fairfax County, Virginia (in this section
referred to as the ``County''), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 10 acres at Fort
Belvoir and known as the John McNaughton Memorial baseball fields for
the purpose of permitting the County to use the property for
recreational purposes.
(b) Payment of Costs of Conveyance.--(1) The Secretary may require
the County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the County in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess amount to the
County.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2828. LAND CONVEYANCE, PUGET SOUND NAVAL SHIPYARD, BREMERTON,
WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Bremerton, Washington (in this section referred to as the
``City''), all right, title, and interest of the United States in and
to a parcel of real property, including any improvements thereon,
consisting of approximately 2.8 acres at the eastern end of the Puget
Sound Naval Shipyard, Bremerton, Washington, immediately adjacent to
the Bremerton Transportation Center.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City, directly or through an agreement with another
entity, shall replace administrative space on the parcel to be conveyed
by renovating for new occupancy approximately 7,500 square feet of
existing space in Building 433 at Naval Station, Bremerton, Washington,
at no cost to the United States, in accordance with plans and
specifications acceptable to the Secretary. In lieu of any portion of
such renovation, the Secretary may accept other facility alteration or
repair of not less than equal value.
(c) Payment of Costs of Conveyance.--(1) The Secretary shall
require the City to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the City in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess amount to the
City.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Environmental Conditions.--The Secretary may use funds
available in the Environmental Restoration Account, Navy to carry out
the environmental remediation of the real property to be conveyed under
subsection (a). Such environmental remediation shall be conducted in a
manner consistent with section 120 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620),
including the requirement to consider the anticipated future land use
of the parcel.
(e) Exemption From Federal Screening.--The conveyance authorized by
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to sections 2693 and 2696 of title 10,
United States Code.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
Subtitle D--Other Matters
SEC. 2841. REDESIGNATION OF YUMA TRAINING RANGE COMPLEX AS BOB STUMP
TRAINING RANGE COMPLEX.
The military aviation training facility located in southwestern
Arizona and southeastern California and known as the Yuma Training
Range Complex shall be known and designated as the ``Bob Stump Training
Range Complex''. Any reference to such training range complex in any
law, regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to the Bob Stump Training
Range Complex.
SEC. 2842. MODIFICATION OF AUTHORITY TO CONDUCT A ROUND OF REALIGNMENTS
AND CLOSURES OF MILITARY INSTALLATIONS IN 2005.
(a) Revision to Force Structure Plan for 2005 Round.--Section
2912(a) of the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as added by
section 3001 of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107; 115 Stat. 1342), is amended--
(1) by striking subparagraph (A) of paragraph (1) and
inserting the following:
``(A) A force-structure plan for the Armed Forces
that--
``(i) at a minimum, assumes the force
structure under the 1991 Base Force force
structure (as defined in paragraph (5)) that is
also known as the `Cheney-Powell force
structure'; and
``(ii) includes such consideration as the
Secretary considers appropriate of an
assessment by the Secretary of--
``(I) the probable threats to the
national security during the 20-year
period beginning with fiscal year 2005;
``(II) the probable end-strength
levels and major military force units
(including land force divisions,
carrier and other major combatant
vessels, air wings, and other
comparable units) needed to meet those
threats; and
``(III) the anticipated levels of
funding that will be available for
national defense purposes during such
period.'';
(2) in paragraph (2)(A), by inserting before the period at
the end the following: ``, based upon an assumption that there
are no installations available outside the United States for
the permanent basing of elements of the Armed Forces'';
(3) in paragraph (4), by inserting after the first sentence
the following new sentence: ``Any such revision shall be
consistent with this subsection.''; and
(4) by adding at the end the following new paragraph:
``(5) Base force.--In this subsection, the term `1991 Base
Force force structure' means the force structure plan for the
Armed Forces, known as the `Base Force', that was adopted by
the Secretary of Defense in November 1990 based upon
recommendations of the Chairman of the Joint Chiefs of Staff
and as incorporated in the President's budget for fiscal year
1992, as submitted to Congress in February 1991 and that
assumed the following force structure:
``(A) For the Department of Defense, 1,600,000
members of the Armed Forces on active duty and 900,000
members in an active status in the reserve components.
``(B) For the Army, 12 active divisions, six
National Guard divisions, and two cadre divisions or
their equivalents.
``(C) For the Navy, 12 aircraft carrier battle
groups or their equivalents and 451 naval vessels,
including 85 attack submarines.
``(D) For the Marine Corps, three active and one
Reserve divisions and three active and one Reserve air
wings.
``(E) For the Air Force, 15 active fighter wings
and 11 National Guard fighter wings or their
equivalents.''.
(b) Preparation of List of Military Installations Excluded from
Consideration in 2005 Round.--Section 2913 of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note), as added by section 3002 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1344), is amended by adding at the end the following new
subsections:
``(g) Base Exclusion Criteria.--In preparing the selection criteria
required by this section that will be used in making recommendations
for the closure or realignment of military installations inside the
United States, the Secretary shall ensure that the final criteria
reflect the requirement to develop a list of those military
installations to be excluded from the base closure and realignment
process, as provided in subsection (h).
``(h) List of Installations Excluded From Consideration for Closure
or Realignment.--(1) Before preparing the list required by section
2914(a) of the military installations inside the United States that the
Secretary recommends for closure or realignment, the Secretary shall
prepare a list of core military installations that the Secretary
considers absolutely essential to the national defense and that should
not be considered for closure.
``(2) Not later than April 1, 2005, the Secretary shall submit to
the congressional defense committees, publish in the Federal Register,
and send to the Commission the list required by paragraph (1). The list
shall contain at least 50 percent of the total number of military
installations located inside the United States as of the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2004.
``(3) The Commission shall consider the list based on the final
criteria developed under subsection (e). The Commission may modify this
list, in the manner provided in section 2903(d) and section 2914(d), if
the Commission finds that the inclusion of a military installation on
the list substantially violates the criteria. The Commission shall
forward to the President, not later than April 30, 2005, a report
containing its recommendations regarding the list, which must comply
with the percentages specified in paragraph (2). The Comptroller
General shall also comply with section 2903(d)(5) by that date.
``(4) If the Commission submits a report to the President under
paragraph (3), the President shall notify Congress, not later than May
10, 2005, regarding whether the President approves or disapproves the
report. If the President disapproves the report, the Commission shall
be dissolved, and the process by which military installations may be
selected for closure or realignment under this part in 2005 shall be
terminated.
``(5) A military installation included on the exclusion list
approved under this subsection may not be included on the closure and
realignment list prepared under section 2914(a) or otherwise considered
for closure or realignment as part of the base closure process in
2005.''.
SEC. 2843. USE OF FORCE-STRUCTURE PLAN FOR THE ARMED FORCES IN
PREPARATION OF SELECTION CRITERIA FOR BASE CLOSURE ROUND.
Section 2913(a) of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note),
as added by section 3002 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1344), is amended by
adding at the end the following new paragraph:
``(3) Use of force-structure plan.--In preparing the
proposed and final criteria to be used by the Secretary in
making recommendations under section 2914 for the closure or
realignment of military installations inside the United States,
the Secretary shall use the force-structure plan for the Armed
Forces prepared under section 2912(a).''.
SEC. 2844. REQUIREMENT FOR UNANIMOUS VOTE OF DEFENSE BASE CLOSURE AND
REALIGNMENT COMMISSION TO RECOMMEND CLOSURE OF MILITARY
INSTALLATION NOT RECOMMENDED FOR CLOSURE BY SECRETARY OF
DEFENSE.
Section 2914(d) of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note),
as added by section 3003 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 155 Stat, 1346)
and amended by section 2854 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2728), is amended--
(1) in paragraph (3), by striking ``to add'' and inserting
``to consider additions''; and
(2) in paragraph (5)--
(A) by inserting ``and unanimous vote'' after
``Site visit''; and
(B) by inserting before the period at the end the
following: ``and the decision of the Commission to
recommend the closure of the installation is
unanimous''.
SEC. 2845. CONSIDERATION OF PUBLIC-ACCESS-ROAD ISSUES RELATED TO
DISPOSAL OF PROPERTY AT MILITARY INSTALLATIONS UNDER BASE
CLOSURE PROCESS.
(a) 1988 Law.--Section 204(b)(2)(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 adding at the end the following new
sentence: ``If a military installation to be closed or placed in an
inactive status under this title includes a road used for public access
through, into, or around the installation, the consultation required by
this subparagraph shall include a discussion of measures to ensure the
continued availability of the road for public use after the
installation is closed or placed in an inactive status.''.
(b) 1990 Law.--Section 2905(b)(2)(D) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note) is amended by adding at the end the following
new sentence: ``If a military installation to be closed or placed in an
inactive status under this part includes a road used for public access
through, into, or around the installation, the consultation required by
this subparagraph shall include a discussion of measures to ensure the
continued availability of the road for public use after the
installation is closed or placed in an inactive status.''.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2004 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$8,822,075,000, to be allocated as follows:
(1) For weapons activities, $6,393,000,000.
(2) For defense nuclear nonproliferation activities,
$1,312,695,000.
(3) For naval reactors, $768,400,000.
(4) For the Office of the Administrator for Nuclear
Security, $347,980,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for weapons activities, the
following new plant projects:
Project 04-D-101, test capabilities revitalization, Sandia
National Laboratories, Albuquerque, New Mexico, $36,450,000.
Project 04-D-102, exterior communications infrastructure
modernization, Sandia National Laboratories, Albuquerque, New
Mexico, $20,000,000.
Project 04-D-103, project engineering and design, various
locations, $2,000,000.
Project 04-D-104, national security sciences building, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$38,000,000.
Project 04-D-125, chemistry and metallurgy facility
replacement project, Los Alamos National Laboratory, Los
Alamos, New Mexico, $20,500,000.
Project 04-D-126, Building 12-44 production cells upgrade,
Pantex plant, Amarillo, Texas, $8,780,000.
Project 04-D-127, cleaning and loading modifications,
Savannah River Site, Aiken, South Carolina, $2,750,000.
Project 04-D-128, TA-18 Mission relocation project, Los
Alamos National Laboratory, Los Alamos, New Mexico, $8,820,000.
Project 04-D-203, facilities and infrastructure
recapitalization program, project engineering and design,
various locations, $3,719,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2004 for
environmental management activities in carrying out programs necessary
for national security in the amount of $6,819,314,000, to be allocated
as follows:
(1) For defense site acceleration completion,
$5,824,135,000.
(2) For defense environmental services, $995,179,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense site acceleration
completion, the following new plant projects:
Project 04-D-408, glass waste storage building #2, Savannah
River Site, Aiken, South Carolina, $20,259,000.
Project 04-D-414, project engineering and design, various
locations, $23,500,000.
Project 04-D-423, 3013 container surveillance capability in
235-F, Savannah River Site, Aiken, South Carolina, $1,134,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2004 for other defense activities in carrying
out programs necessary for national security in the amount of
$497,331,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2004 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$430,000,000.
SEC. 3105. ENERGY SUPPLY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2004 for energy supply activities in carrying
out programs necessary for national security in the amount of
$110,473,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. MODIFICATION OF PROHIBITION RELATING TO LOW-YIELD NUCLEAR
WEAPONS.
Section 3136 of the National Defense Authorization Act for Fiscal
Year 1994 (42 U.S.C. 2121 note) is amended--
(1) in the section heading, by striking ``research and
development'' and inserting ``development and production'';
(2) in subsection (a), by striking ``conduct research and
development which could lead to the production by the United
States of'' and insert ``develop or produce'';
(3) in subsection (b)--
(A) by striking ``conduct, or provide for the
conduct of, research and development which could lead
to the production by the United States of'' and insert
``develop, produce, or provide for the development or
production of,''; and
(B) by striking ``the date of the enactment of this
Act,'' and inserting ``November 30, 1993,'';
(4) in subsection (c)--
(A) by striking ``Research and'' in the subsection
heading;
(B) by striking ``research and'' in the matter
preceding paragraph (1); and
(C) by inserting ``, including assessment of low-
yield nuclear weapons development by other nations that
may pose a national security risk to the United
States'' before the period at the end of paragraph (3);
(5) by redesignating subsection (d) as subsection (e); and
(6) by inserting after subsection (c) the following new
subsection (d):
``(d) Effect on Studies and Design Work.--Nothing in this section
shall prohibit the Secretary of Energy from conducting, or providing
for the conduct of, concept definition studies, feasibility studies, or
detailed engineering design work.''.
SEC. 3112. TERMINATION OF REQUIREMENT FOR ANNUAL UPDATES OF LONG-TERM
PLAN FOR NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION
PROGRAM.
Section 3133 of the National Defense Authorization Act for Fiscal
Year 2000 (42 U.S.C. 2121 note) is amended by adding at the end the
following new subsection:
``(g) Termination of Annual Updates.--Effective December 31, 2004,
the requirements of subsections (c), (d), (e), and (f) shall
terminate.''.
SEC. 3113. EXTENSION TO ALL DOE FACILITIES OF AUTHORITY TO PROHIBIT
DISSEMINATION OF CERTAIN UNCLASSIFIED INFORMATION.
Subsection a. of section 148 of the Atomic Energy Act of 1954 (42
U.S.C. 2168) is amended in paragraph (1)--
(1) in the matter preceding subparagraph (A), by striking
``, with respect to atomic energy defense programs,'';
(2) in subparagraph (A), by striking ``production
facilities or utilization facilities'' and inserting
``production facilities, utilization facilities, nuclear waste
storage facilities, or uranium enrichment facilities, or any
other facilities at which activities relating to nuclear
weapons or nuclear materials are carried out, that are under
the control or jurisdiction of the Secretary of Energy''; and
(3) in subparagraph (B), by striking ``production or
utilization facilities'' and inserting ``such facilities''.
SEC. 3114. DEPARTMENT OF ENERGY PROJECT REVIEW GROUPS NOT SUBJECT TO
FEDERAL ADVISORY COMMITTEE ACT BY REASON OF INCLUSION OF
EMPLOYEES OF DEPARTMENT OF ENERGY MANAGEMENT AND
OPERATING CONTRACTORS.
An officer or employee of a management and operating contractor of
the Department of Energy, when serving as a member of a group reviewing
or advising on matters related to any one or more management and
operating contracts of the Department, shall be treated as an officer
or employee of the Department for purposes of determining whether the
group is an advisory committee within the meaning of section 3 of the
Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 3115. AVAILABILITY OF FUNDS.
Section 3628 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2760; 42 U.S.C.
7386h) is amended to read as follows:
``SEC. 3628. AVAILABILITY OF FUNDS.
``(a) In General.--Except as provided in subsection (b), amounts
appropriated pursuant to a DOE national security authorization for a
fiscal year--
``(1) shall remain available to be expended only in that
fiscal year and the two succeeding fiscal years, in the case of
amounts for the National Nuclear Security Administration; and
``(2) may, when so specified in an appropriations Act,
remain available until expended, in all other cases.
``(b) Program Direction.--Amounts appropriated pursuant to a DOE
national security authorization for a fiscal year for program direction
shall remain available to be obligated only until the end of that
fiscal year.''.
SEC. 3116. LIMITATION ON OBLIGATION OF FUNDS FOR NUCLEAR TEST READINESS
PROGRAM.
Not more than 40 percent of the funds made available to the
Secretary of Energy for fiscal year 2004 for the Nuclear Test Readiness
program of the Department of Energy may be obligated until--
(1) the Secretary of Energy submits to the Committees on
Armed Services of the Senate and the House of Representatives
the report required by section 3142(c) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107-314; 116 Stat. 2733), relating to plans for achieving
enhanced readiness postures for resumption by the United States
of underground nuclear weapons tests; and
(2) a period of 30 days has passed after the date on which
such report is received by those committees.
SEC. 3117. REQUIREMENT FOR ON-SITE MANAGERS.
(a) On-Site Manager Requirement.--Before obligating any defense
nuclear nonproliferation funds for a project described in subsection
(b), the Secretary of Energy shall appoint a United States Federal
Government employee as an on-site manager.
(b) Projects Covered.--Subsection (a) applies to a project--
(1) to be located in a state of the former Soviet Union;
(2) which involves dismantlement, destruction, or storage
facilities, or construction of a facility; and
(3) with respect to which the total contribution by the
Department of Energy is expected to exceed $25,000,000.
(c) Duties of On-Site Manager.--The on-site manager appointed under
subsection (a) shall--
(1) develop, in cooperation with representatives from
governments of countries participating in the project, a list
of those steps or activities critical to achieving the
project's disarmament or nonproliferation goals;
(2) establish a schedule for completing those steps or
activities;
(3) meet with all participants to seek assurances that
those steps or activities are being completed on schedule; and
(4) suspend United States participation in a project when a
non-United States participant fails to complete a scheduled
step or activity on time, unless directed by the Secretary of
Energy to resume United States participation.
(d) Steps or Activities.--Steps or activities referred to in
subsection (c)(1) are those activities that, if not completed, will
prevent a project from achieving its disarmament or nonproliferation
goals, including, at a minimum, the following:
(1) Identification and acquisition of permits (as defined
in subsection (f)).
(2) Verification that the items, substances, or
capabilities to be dismantled, secured, or otherwise modified
are available for dismantlement, securing, or modification.
(3) Timely provision of financial, personnel, management,
transportation, and other resources.
(e) Notification to Congress.--In any case in which the Secretary
of Energy directs an on-site manager to resume United States
participation in a project under subsection (c)(4), the Secretary shall
concurrently notify Congress of such direction.
(f) Permit Defined.--In this section, the term ``permit'' means any
local or national permit for development, general construction,
environmental, land use, or other purposes that is required in the
state of the former Soviet Union in which the project is being or is
proposed to be carried out.
(g) Effective Date.--This section shall take effect six months
after the date of the enactment of this Act.
Subtitle C--Consolidation of National Security Provisions
SEC. 3121. TRANSFER AND CONSOLIDATION OF RECURRING AND GENERAL
PROVISIONS ON DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS.
(a) Purpose.--
(1) In general.--The purpose of this section is to assemble
together, without substantive amendment but with technical and
conforming amendments of a non-substantive nature, recurring
and general provisions of law on Department of Energy national
security programs that remain in force in order to consolidate
and organize such provisions of law into a single Act intended
to comprise general provisions of law on such programs.
(2) Construction of transfers.--The transfer of a provision
of law by this section shall not be construed as amending,
altering, or otherwise modifying the substantive effect of such
provision.
(3) Coordination with other amendments.--For purposes of
applying amendments made by provisions of this Act other than
provisions of this section, this section shall be treated as
having been enacted immediately after the other provisions of
this Act.
(4) Treatment of satisfied requirements.--Any requirement
in a provision of law transferred under this section (including
a requirement that an amendment to law be executed) that has
been fully satisfied in accordance with the terms of such
provision of law as of the date of transfer under this section
shall be treated as so fully satisfied, and shall not be
treated as being revived solely by reason of transfer under
this section.
(5) Classification.--The provisions of the Atomic Energy
Defense Act, as amended by this section, shall be classified to
the United States Code as a new chapter of title 50, United
States Code.
(b) Division Heading.--The Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314) is amended by adding at
the end the following new division heading:
``DIVISION D--ATOMIC ENERGY DEFENSE PROVISIONS''.
(c) Short Title; Definition.--
(1) Short title.--Section 3601 of the Atomic Energy Defense
Act (title XXXVI of Public Law 107-314; 116 Stat. 2756) is--
(A) transferred to the end of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003;
(B) redesignated as section 4001;
(C) inserted after the heading for division D of
the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as added by subsection (b); and
(D) amended by striking ``title'' and inserting
``division''.
(2) Definition.--Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this section, is further amended by adding at the end the
following new section:
``SEC. 4002. DEFINITION.
``In this division, the term `congressional defense committees'
means--
``(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.''.
(d) Organizational Matters.--
(1) Title heading.--Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this section, is further amended by adding at the end the
following:
``TITLE XLI--ORGANIZATIONAL MATTERS''.
(2) Naval nuclear propulsion program.--Section 1634 of the
Department of Defense Authorization Act, 1985 (Public Law 98-
525; 98 Stat. 2649) is--
(A) transferred to title XLI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as added by paragraph (1);
(B) inserted after the title heading for such
title, as so added; and
(C) amended--
(i) by striking the section heading and
inserting the following new section heading:
``SEC. 4101. NAVAL NUCLEAR PROPULSION PROGRAM.'';
and
(ii) by striking ``Sec. 1634.''.
(3) Management structure for facilities and laboratories.--
Section 3140 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2833) is--
(A) transferred to title XLI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4102;
(C) inserted after section 4101, as added by
paragraph (2); and
(D) amended in subsection (d)(2), by striking ``120
days after the date of the enactment of this Act,'' and
inserting ``January 21, 1997,''.
(4) Restriction on licensing requirements for certain
activities and facilities.--Section 210 of the Department of
Energy National Security and Military Applications of Nuclear
Energy Authorization Act of 1981 (Public Law 96-540; 94 Stat.
3202) is--
(A) transferred to title XLI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after section 4102, as added by
paragraph (3); and
(C) amended--
(i) by striking the section heading and
inserting the following new section heading:
``SEC. 4103. RESTRICTION ON LICENSING REQUIREMENT FOR CERTAIN DEFENSE
ACTIVITIES AND FACILITIES.'';
(ii) by striking ``Sec. 210.''; and
(iii) by striking ``this or any other Act''
and inserting ``the Department of Energy
National Security and Military Applications of
Nuclear Energy Authorization Act of 1981
(Public Law 96-540) or any other Act''.
(e) Nuclear Weapons Stockpile Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the following
new headings:
``TITLE XLII--NUCLEAR WEAPONS STOCKPILE MATTERS
``Subtitle A--Stockpile Stewardship and Weapons Production''.
(2) Stockpile stewardship program.--Section 3138 of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 107 Stat. 1946), as amended by section 3152(e) of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 2042), is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as added by paragraph (1);
(B) redesignated as section 4201; and
(C) inserted after the heading for subtitle A of
such title, as so added.
(3) Stockpile stewardship criteria.--Section 3158 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2257), as amended,
is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4202; and
(C) inserted after section 4201, as added by
paragraph (2).
(4) Plan for stewardship, management, and certification of
warheads in stockpile.--Section 3151 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 2041) is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4203; and
(C) inserted after section 4202, as added by
paragraph (3).
(5) Stockpile life extension program.--Section 3133 of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 926), as amended by section 3112, is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4204;
(C) inserted after section 4203, as added by
paragraph (4); and
(D) amended in subsection (c)(1) by striking ``the
date of the enactment of this Act'' and inserting
``October 5, 1999''.
(6) Annual assessments and reports on condition of
stockpile.--Section 3141 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2730) is--
(A) transferred to title XLII of division D of such
Act, as amended by this subsection;
(B) redesignated as section 4205;
(C) inserted after section 4204, as added by
paragraph (5); and
(D) amended in subsection (d)(3)(B) by striking
``section 3137 of the National Defense Authorization
Act for Fiscal Year 1996 (42 U.S.C. 2121 note)'' and
inserting ``section 4212''.
(7) Form of certain certifications regarding stockpile.--
Section 3194 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-481) is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4206; and
(C) inserted after section 4205, as added by
paragraph (6).
(8) Nuclear test ban readiness program.--Section 1436 of
the National Defense Authorization Act, Fiscal Year 1989
(Public Law 100-456; 102 Stat. 2075) is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4207;
(C) inserted after section 4206, as added by
paragraph (7); and
(D) amended in the section heading by adding a
period at the end.
(9) Study on nuclear test readiness postures.--Section 3152
of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 623), as amended by section 3192
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-480), is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4208; and
(C) inserted after section 4207, as added by
paragraph (8).
(10) Requirements for requests for new or modified nuclear
weapons.--Section 3143 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2733) is--
(A) transferred to title XLII of division D of such
Act, as amended by this subsection;
(B) redesignated as section 4209; and
(C) inserted after section 4208, as added by
paragraph (9).
(11) Limitation on underground nuclear weapons tests.--
Subsection (f) of section 507 of the Energy and Water
Development Appropriations Act, 1993 (Public Law 102-337; 106
Stat. 1345) is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after section 4209, as added by
paragraph (10); and
(C) amended--
(i) by inserting before the text the
following new section heading:
``SEC. 4210. LIMITATION ON UNDERGROUND NUCLEAR WEAPONS TESTS.'';
and
(ii) by striking ``(f)''.
(12) Testing of nuclear weapons.--Section 3137 of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 107 Stat. 1946) is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4211;
(C) inserted after section 4210, as added by
paragraph (11); and
(D) amended--
(i) in subsection (a), by inserting ``of
the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160)'' after
``section 3101(a)(2)''; and
(ii) in subsection (b), by striking ``this
Act'' and inserting ``the National Defense
Authorization Act for Fiscal Year 1994''.
(13) Manufacturing infrastructure for stockpile.--Section
3137 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 620), as amended by section
3132 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2829), is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4212;
(C) inserted after section 4211, as added by
paragraph (12); and
(D) amended in subsection (d) by inserting ``of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106)'' after ``section 3101(b)''.
(14) Reports on critical difficulties at laboratories and
plants.--Section 3159 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2842), as
amended by section 1305 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1954)
and section 3163 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 944), is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4213; and
(C) inserted after section 4212, as added by
paragraph (13).
(15) Subtitle heading on tritium.--Title XLII of division D
of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection, is further amended by
adding at the end the following new subtitle heading:
``Subtitle B--Tritium''.
(16) Tritium production program.--Section 3133 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 618) is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4231;
(C) inserted after the heading for subtitle B of
such title XLII, as added by paragraph (15); and
(D) amended--
(i) by striking ``the date of the enactment
of this Act'' each place it appears and
inserting ``February 10, 1996''; and
(ii) in subsection (b), by inserting ``of
the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106)'' after
``section 3101''.
(17) Tritium recycling.--Section 3136 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat. 620) is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4232; and
(C) inserted after section 4231, as added by
paragraph (16).
(18) Tritium Production.--Subsections (c) and (d) of
section 3133 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2830) are--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after section 4232, as added by
paragraph (17); and
(C) amended--
(i) by inserting before the text the
following new section heading:
``SEC. 4233. TRITIUM PRODUCTION.'';
(ii) by redesignating such subsections as
subsections (a) and (b), respectively; and
(iii) in subsection (a), as so
redesignated, by inserting ``of Energy'' after
``The Secretary''.
(19) Modernization and consolidation of tritium recycling
facilities.--Section 3134 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2830)
is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4234;
(C) inserted after section 4233, as added by
paragraph (18); and
(D) amended in subsection (b) by inserting ``of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201)'' after ``section 3101''.
(20) Procedures for meeting tritium production
requirements.--Section 3134 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 927) is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4235; and
(C) inserted after section 4234, as added by
paragraph (19).
(f) Proliferation Matters.--
(1) Title heading.--Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this section, is further amended by adding at the end the
following new title heading:
``TITLE XLIII--PROLIFERATION MATTERS''.
(2) International cooperative stockpile stewardship.--
Section 3133 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2036), as
amended by sections 1069 and 3131 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 2136, 2246), is--
(A) transferred to title XLIII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as added by paragraph (1);
(B) redesignated as section 4301;
(C) inserted after the heading for such title, as
so added; and
(D) amended in subsection (b)(3) by striking ``of
this Act'' and inserting ``of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-
85)''.
(3) Nonproliferation initiatives and activities.--Section
3136 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65; 113 Stat. 927) is--
(A) transferred to title XLIII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4302;
(C) inserted after section 4301, as added by
paragraph (2); and
(D) amended in subsection (b)(1) by striking ``this
title'' and inserting ``title XXXI of the National
Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65)''.
(4) Annual report on materials protection, control, and
accounting program.--Section 3171 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1645A-475)
is--
(A) transferred to title XLIII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4303;
(C) inserted after section 4302, as added by
paragraph (3); and
(D) amended in subsection (c)(1) by striking ``this
Act'' and inserting ``the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398)''.
(5) Nuclear cities initiative.--Section 3172 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1645A-476) is--
(A) transferred to title XLIII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4304; and
(C) inserted after section 4303, as added by
paragraph (4).
(6) Programs on fissile materials.--Section 3131 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 617), as amended by section 3152 of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2738), is--
(A) transferred to title XLIII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4305; and
(C) inserted after section 4304, as added by
paragraph (5).
(g) Environmental Restoration and Waste Management Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the following
new headings:
``TITLE XLIV--ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT MATTERS
``Subtitle A--Environmental Restoration and Waste Management''.
(2) Defense environmental restoration and waste management
account.--Section 3134 of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105
Stat. 1575) is--
(A) transferred to title XLIV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as added by paragraph (1);
(B) redesignated as section 4401; and
(C) inserted after the heading for subtitle A of
such title, as so added.
(3) Future use plans for environmental management
program.--Section 3153 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2839)
is--
(A) transferred to title XLIV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4402;
(C) inserted after section 4401, as added by
paragraph (2); and
(D) amended--
(i) in subsection (d), by striking ``the
date of the enactment of this Act'' and
inserting ``September 23, 1996,''; and
(ii) in subsection (h)(1), by striking
``the date of the enactment of this Act'' and
inserting ``September 23, 1996''.
(4) Integrated fissile materials management plan.--Section
3172 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65; 113 Stat. 948) is--
(A) transferred to title XLIV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4403; and
(C) inserted after section 4402, as added by
paragraph (3).
(5) Baseline environmental management reports.--Section
3153 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 107 Stat. 1950), as amended by
section 3160 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3094), section
3152 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2839), and section 3160 of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 2048), is--
(A) transferred to title XLIV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4404; and
(C) inserted after section 4403, as added by
paragraph (4).
(6) Accelerated schedule of environmental restoration and
waste management.--Section 3156 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 625) is--
(A) transferred to title XLIV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4405;
(C) inserted after section 4404, as added by
paragraph (5); and
(D) amended in subsection (b)(2) by inserting
before the period the following: ``, the predecessor
provision to section 4404 of this Act''.
(7) Defense waste cleanup technology program.--Section 3141
of the National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101-189; 103 Stat. 1679) is--
(A) transferred to title XLIV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4406;
(C) inserted after section 4405, as added by
paragraph (6); and
(D) amended in the section heading by adding a
period at the end.
(8) Report on environmental restoration expenditures.--
Section 3134 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1833) is--
(A) transferred to title XLIV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4407;
(C) inserted after section 4406, as added by
paragraph (7); and
(D) amended in the section heading by adding a
period at the end.
(9) Public participation in planning for environmental
restoration and waste management.--Subsection (e) of section
3160 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 3095) is--
(A) transferred to title XLIV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after section 4407, as added by
paragraph (8); and
(C) amended--
(i) by inserting before the text the
following new section heading:
``SEC. 4408. PUBLIC PARTICIPATION IN PLANNING FOR ENVIRONMENTAL
RESTORATION AND WASTE MANAGEMENT AT DEFENSE NUCLEAR
FACILITIES.'';
and
(ii) by striking ``(e) Public Participation
in Planning.--''.
(10) Subtitle heading on closure of facilities.--Title XLIV
of division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new subtitle
heading:
``Subtitle B--Closure of Facilities''.
(11) Projects to accelerate closure activities at defense
nuclear facilities.--Section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2836) is--
(A) transferred to title XLIV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4421;
(C) inserted after the heading for subtitle B of
such title, as added by paragraph (10); and
(D) amended in subsection (i), by striking ``the
expiration of the 15-year period beginning on the date
of the enactment of this Act'' and inserting
``September 23, 2011''.
(12) Reports in connection with permanent closure of
defense nuclear facilities.--Section 3156 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1683) is--
(A) transferred to title XLIV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4422;
(C) inserted after section 4421, as added by
paragraph (11); and
(D) amended in the section heading by adding a
period at the end.
(13) Subtitle heading on Privatization.--Title XLIV of
division D of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
``Subtitle C--Privatization''.
(14) Defense environmental management privatization
projects.--Section 3132 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2034)
is--
(A) transferred to title XLIV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4431;
(C) inserted after the heading for subtitle C of
such title, as added by paragraph (13); and
(D) amended--
(i) in subsections (a), (c)(1)(B)(i), and
(d), by inserting ``of the National Defense
Authorization Act for Fiscal Year 1998 (Public
Law 105-85)'' after ``section 3102(i)''; and
(ii) in subsections (c)(1)(B)(ii) and (f),
by striking ``the date of enactment of this
Act'' and inserting ``November 18, 1997''.
(h) Safeguards and Security Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the following
new headings:
``TITLE XLV--SAFEGUARDS AND SECURITY MATTERS
``Subtitle A--Safeguards and Security''.
(2) Prohibition on international inspections of facilities
without protection of restricted data.--Section 3154 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 624) is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as added by paragraph (1);
(B) redesignated as section 4501;
(C) inserted after the heading for subtitle A of
such title, as so added; and
(D) amended--
(i) by striking ``(1) The'' and inserting
``The''; and
(ii) by striking ``(2) For purposes of
paragraph (1),'' and inserting ``(c) Restricted
Data Defined.--In this section,''.
(3) Restrictions on access to laboratories by foreign
visitors from sensitive countries.--Section 3146 of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 935) is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4502;
(C) inserted after section 4501, as added by
paragraph (2); and
(D) amended--
(i) in subsection (b)(2)--
(I) in the matter preceding
subparagraph (A), by striking ``30 days
after the date of the enactment of this
Act'' and inserting ``on November 4,
1999,''; and
(II) in subparagraph (A), by
striking ``The date that is 90 days
after the date of the enactment of this
Act'' and inserting ``January 3,
2000'';
(ii) in subsection (d)(1), by striking
``the date of the enactment of this Act,'' and
inserting ``October 5, 1999,''; and
(iii) in subsection (g), by adding at the
end the following new paragraphs:
``(3) The term `national laboratory' means any of the
following:
``(A) Lawrence Livermore National Laboratory,
Livermore, California.
``(B) Los Alamos National Laboratory, Los Alamos,
New Mexico.
``(C) Sandia National Laboratories, Albuquerque,
New Mexico and Livermore, California.
``(4) The term `Restricted Data' has the meaning given that
term in section 11 y. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).''.
(4) Background investigations on certain personnel.--
Section 3143 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 934) is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4503;
(C) inserted after section 4502, as added by
paragraph (3); and
(D) amended--
(i) in subsection (b), by striking ``the
date of the enactment of this Act'' and
inserting ``October 5, 1999,''; and
(ii) by adding at the end the following new
subsection:
``(c) Definitions.--In this section, the terms `national
laboratory' and `Restricted Data' have the meanings given such terms in
section 4502(g).''.
(5) Counterintelligence polygraph program.--
(A) Department of energy counterintelligence
polygraph program.--Section 3152 of the National
Defense Authorization Act for Fiscal Year 2002 (Public
Law 107-107; 115 Stat. 1376) is--
(i) transferred to title XLV of division D
of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) redesignated as section 4504;
(iii) inserted after section 4503, as added
by paragraph (4); and
(iv) amended in subsection (c) by striking
``section 3154 of the Department of Energy
Facilities Safeguards, Security, and
Counterintelligence Enhancement Act of 1999
(subtitle D of title XXXI of Public Law 106-65;
42 U.S.C. 7383h)'' and inserting ``section
4504A''.
(B) Counterintelligence polygraph program.--Section
3154 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 941), as
amended by section 3135 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat.
1654A-456), is--
(i) transferred to title XLV of division D
of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) redesignated as section 4504A;
(iii) inserted after section 4504, as added
by subparagraph (A); and
(iv) amended in subsection (h) by striking
``180 days after the date of the enactment of
this Act,'' and inserting ``April 5, 2000,''.
(6) Notice of security and counterintelligence failures.--
Section 3150 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 939) is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4505; and
(C) inserted after section 4504A, as added by
paragraph (5)(B).
(7) Annual report on security functions at nuclear weapons
facilities.--Section 3162 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2049)
is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4506;
(C) inserted after section 4505, as added by
paragraph (6); and
(D) amended in subsection (b) by inserting ``of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 2048; 42 U.S.C. 7251
note)'' after ``section 3161''.
(8) Report on counterintelligence and security practices at
laboratories.--Section 3152 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 940) is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4507;
(C) inserted after section 4506, as added by
paragraph (7); and
(D) amended by adding at the end the following new
subsection:
``(c) National Laboratory Defined.--In this section, the term
`national laboratory' has the meaning given that term in section
4502(g)(3).''.
(9) Report on security vulnerabilities of national
laboratory computers.--Section 3153 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 940) is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4508;
(C) inserted after section 4507, as added by
paragraph (8); and
(D) amended by adding at the end the following new
subsection:
``(f) National Laboratory Defined.--In this section, the term
`national laboratory' has the meaning given that term in section
4502(g)(3).''.
(10) Subtitle heading on classified information.--Title XLV
of division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new subtitle
heading:
``Subtitle B--Classified Information''.
(11) Review of certain documents before declassification
and release.--Section 3155 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 625) is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4521; and
(C) inserted after the heading for subtitle B of
such title, as added by paragraph (10).
(12) Protection against inadvertent release of restricted
data and formerly restricted data.--Section 3161 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2259), as amended by
section 1067(3) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 774) and section
3193 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-
398; 114 Stat. 1654A-480), is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4522;
(C) inserted after section 4521, as added by
paragraph (11); and
(D) amended--
(i) in subsection (c)(1), by striking ``the
date of the enactment of this Act'' and
inserting ``October 17, 1998,'';
(ii) in subsection (f)(1), by striking
``the date of the enactment of this Act'' and
inserting ``October 17, 1998''; and
(iii) in subsection (f)(2), by striking
``The Secretary'' and inserting ``Commencing
with inadvertent releases discovered on or
after October 30, 2000, the Secretary''.
(13) Supplement to plan for declassification of restricted
data and formerly restricted data.--Section 3149 of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 938) is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4523;
(C) inserted after section 4522, as added by
paragraph (12); and
(D) amended--
(i) in subsection (a), by striking
``subsection (a) of section 3161 of the Strom
Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2260; 50 U.S.C. 435 note)'' and inserting
``subsection (a) of section 4522'';
(ii) in subsection (b)--
(I) by striking ``section
3161(b)(1) of that Act'' and inserting
``subsection (b)(1) of section 4522'';
and
(II) by striking ``the date of the
enactment of that Act'' and inserting
``October 17, 1998,'';
(iii) in subsection (c)--
(I) by striking ``section 3161(c)
of that Act'' and inserting
``subsection (c) of section 4522''; and
(II) by striking ``section 3161(a)
of that Act'' and inserting
``subsection (a) of such section''; and
(iv) in subsection (d), by striking
``section 3161(d) of that Act'' and inserting
``subsection (d) of section 4522''.
(14) Protection of classified information during
laboratory-to-laboratory exchanges.--Section 3145 of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 935) is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4524; and
(C) inserted after section 4523, as added by
paragraph (13).
(15) Identification in budgets of amount for
declassification activities.--Section 3173 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 949) is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4525;
(C) inserted after section 4524, as added by
paragraph (14); and
(D) amended in subsection (b) by striking ``the
date of the enactment of this Act'' and inserting
``October 5, 1999,''.
(16) Subtitle heading on emergency response.--Title XLV of
division D of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
``Subtitle C--Emergency Response''.
(17) Responsibility for defense programs emergency response
program.--Section 3158 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 626)
is--
(A) transferred to title XLV of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4541; and
(C) inserted after the heading for subtitle C of
such title, as added by paragraph (16).
(i) Personnel Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the following
new headings:
``TITLE XLVI--PERSONNEL MATTERS
``Subtitle A--Personnel Management''.
(2) Authority for appointment of certain scientific,
engineering, and technical personnel.--Section 3161 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 3095), as amended by section 3139 of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 2040), sections 3152 and 3155 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2253, 2257), and
section 3191 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-480), is--
(A) transferred to title XLVI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as added by paragraph (1);
(B) redesignated as section 4601; and
(C) inserted after the heading for subtitle A of
such title, as so added.
(3) Whistleblower protection program.--Section 3164 of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 946) is--
(A) transferred to title XLVI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4602;
(C) inserted after section 4601, as added by
paragraph (2); and
(D) amended in subsection (n) by striking ``60 days
after the date of the enactment of this Act,'' and
inserting ``December 5, 1999,''.
(4) Employee incentives for workers at closure project
facilities.--Section 3136 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398; 114 Stat. 1654A-458) is--
(A) transferred to title XLVI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4603;
(C) inserted after section 4602, as added by
paragraph (3); and
(D) amended--
(i) in subsections (c) and (i)(1)(A), by
striking ``section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (42
U.S.C. 7274n)'' and inserting ``section 4421'';
and
(ii) in subsection (g), by striking
``section 3143(h) of the National Defense
Authorization Act for Fiscal Year 1997'' and
inserting ``section 4421(h)''.
(5) Defense nuclear facility workforce restructuring
plan.--Section 3161 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644), as
amended by section 1070(c)(2) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2857), Public Law 105-277 (112 Stat. 2681-419, 2681-430),
and section 1048(h)(1) of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1229),
is--
(A) transferred to title XLVI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4604;
(C) inserted after section 4603, as added by
paragraph (4); and
(D) amended--
(i) in subsection (a), by striking
``(hereinafter in this subtitle referred to as
the `Secretary')''; and
(ii) by adding at the end the following new
subsection:
``(g) Department of Energy Defense Nuclear Facility Defined.--In
this section, the term `Department of Energy defense nuclear facility'
means--
``(1) a production facility or utilization facility (as
those terms are defined in section 11 of the Atomic Energy Act
of 1954 (42 U.S.C. 2014)) that is under the control or
jurisdiction of the Secretary and that is operated for national
security purposes (including the tritium loading facility at
Savannah River, South Carolina, the 236 H facility at Savannah
River, South Carolina; and the Mound Laboratory, Ohio), but the
term does not include any facility that does not conduct atomic
energy defense activities and does not include any facility or
activity covered by Executive Order Number 12344, dated
February 1, 1982, pertaining to the naval nuclear propulsion
program;
``(2) a nuclear waste storage or disposal facility that is
under the control or jurisdiction of the Secretary;
``(3) a testing and assembly facility that is under the
control or jurisdiction of the Secretary and that is operated
for national security purposes (including the Nevada Test Site,
Nevada; the Pinnellas Plant, Florida; and the Pantex facility,
Texas);
``(4) an atomic weapons research facility that is under the
control or jurisdiction of the Secretary (including Lawrence
Livermore, Los Alamos, and Sandia National Laboratories); or
``(5) any facility described in paragraphs (1) through (4)
that--
``(A) is no longer in operation;
``(B) was under the control or jurisdiction of the
Department of Defense, the Atomic Energy Commission, or
the Energy Research and Development Administration; and
``(C) was operated for national security
purposes.''.
(6) Authority to provide certificate of commendation to
employees.--Section 3195 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398; 114 Stat. 1654A-481) is--
(A) transferred to title XLVI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4605; and
(C) inserted after section 4604, as added by
paragraph (5).
(7) Subtitle heading on training and education.--Title XLVI
of division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new subtitle
heading:
``Subtitle B--Education and Training''.
(8) Executive management training.--Section 3142 of the
National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 103 Stat. 1680) is--
(A) transferred to title XLVI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4621;
(C) inserted after the heading for subtitle B of
such title, as added by paragraph (7); and
(D) amended in the section heading by adding a
period at the end.
(9) Stockpile stewardship recruitment and training
program.--Section 3131 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3085)
is--
(A) transferred to title XLVI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4622;
(C) inserted after section 4621, as added by
paragraph (8); and
(D) amended--
(i) in subsection (a)(1), by striking
``section 3138 of the National Defense
Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 107 Stat. 1946; 42 U.S.C. 2121
note)'' and inserting ``section 4201''; and
(ii) in subsection (b)(2), by inserting
``of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337)'' after
``section 3101(a)(1)''.
(10) Fellowship program for development of skills critical
to nuclear weapons complex.--Section 3140 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat 621), as amended by section 3162 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 943), is--
(A) transferred to title XLVI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4623; and
(C) inserted after section 4622, as added by
paragraph (9).
(11) Subtitle heading on worker safety.--Title XLVI of
division D of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
``Subtitle C--Worker Safety''.
(12) Worker protection at nuclear weapons facilities.--
Section 3131 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1571)
is--
(A) transferred to title XLVI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4641;
(C) inserted after the heading for subtitle C of
such title, as added by paragraph (11); and
(D) amended in subsection (e) by inserting ``of the
National Defense Authorization Act for Fiscal Years
1992 and 1993 (Public Law 102-190)'' after ``section
3101(9)(A)''.
(13) Safety oversight and enforcement at defense nuclear
facilities.--Section 3163 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3097)
is--
(A) transferred to title XLVI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4642;
(C) inserted after section 4641, as added by
paragraph (12); and
(D) amended in subsection (b) by striking ``90 days
after the date of the enactment of this Act,'' and
inserting ``January 5, 1995,''.
(14) Program to monitor workers at defense nuclear
facilities exposed to hazardous or radioactive substances.--
Section 3162 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2646) is--
(A) transferred to title XLVI of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4643;
(C) inserted after section 4642, as added by
paragraph (13); and
(D) amended--
(i) in subsection (b)(6), by striking ``1
year after the date of the enactment of this
Act'' and inserting ``October 23, 1993'';
(ii) in subsection (c), by striking ``180
days after the date of the enactment of this
Act,'' and inserting ``April 23, 1993,''; and
(iii) by adding at the end the following
new subsection:
``(d) Definitions.--In this section:
``(1) The term `Department of Energy defense nuclear
facility' has the meaning given that term in section 4604(g).
``(2) The term `Department of Energy employee' means any
employee of the Department of Energy employed at a Department
of Energy defense nuclear facility, including any employee of a
contractor of subcontractor of the Department of Energy
employed at such a facility.''.
(j) Budget and Financial Management Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the following
new headings:
``TITLE XLVII--BUDGET AND FINANCIAL MANAGEMENT MATTERS
``Subtitle A--Recurring National Security Authorization Provisions''.
(2) Recurring national security authorization provisions.--
Sections 3620 through 3631 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2756) are--
(A) transferred to title XLVII of division D of
such Act, as added by paragraph (1);
(B) redesignated as sections 4701 through 4712,
respectively;
(C) inserted after the heading for subtitle A of
such title, as so added; and
(D) amended--
(i) in section 4702, as so redesignated, by
striking ``sections 3629 and 3630'' and
inserting ``sections 4710 and 4711'';
(ii) in section 4706(a)(3)(B), as so
redesignated, by striking ``section 3626'' and
inserting ``section 4707'';
(iii) in section 4707(c), as so
redesignated, by striking ``section
3625(b)(2)'' and inserting ``section
4706(b)(2)'';
(iv) in section 4710(c), as so
redesignated, by striking ``section 3621'' and
inserting ``section 4702'';
(v) in section 4711(c), as so redesignated,
by striking ``section 3621'' and inserting
``section 4702''; and
(vi) in section 4712, as so redesignated,
by striking ``section 3621'' and inserting
``section 4702''.
(3) Subtitle heading on penalties.--Title XLVII of division
D of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
``Subtitle B--Penalties''.
(4) Restriction on use of funds to pay penalties under
environmental laws.--Section 3132 of the National Defense
Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100
Stat. 4063) is--
(A) transferred to title XLVII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4721;
(C) inserted after the heading for subtitle B of
such title, as added by paragraph (3); and
(D) amended in the section heading by adding a
period at the end.
(5) Restriction on use of funds to pay penalties under
clean air act.--Section 211 of the Department of Energy
National Security and Military Applications of Nuclear Energy
Authorization Act of 1981 (Public Law 96-540; 94 Stat. 3203)
is--
(A) transferred to title XLVII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after section 4721, as added by
paragraph (4); and
(C) amended--
(i) by striking the section heading and
inserting the following new section heading:
``SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PENALTIES UNDER CLEAN
AIR ACT.'';
(ii) by striking ``Sec. 211.''; and
(iii) by striking ``this or any other Act''
and inserting ``the Department of Energy
National Security and Military Applications of
Nuclear Energy Authorization Act of 1981
(Public Law 96-540) or any other Act''.
(6) Subtitle heading on other matters.--Title XLVII of
division D of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
``Subtitle C--Other Matters''.
(7) Single request for authorization of appropriations for
common defense and security programs.--Section 208 of the
Department of Energy National Security and Military
Applications of Nuclear Energy Authorization Act of 1979
(Public Law 95-509; 92 Stat. 1779) is--
(A) transferred to title XLVII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after the heading for subtitle C of
such title, as added by paragraph (6); and
(C) amended--
(i) by striking the section heading and
inserting the following new section heading:
``SEC. 4731. SINGLE REQUEST FOR AUTHORIZATION OF APPROPRIATIONS FOR
COMMON DEFENSE AND SECURITY PROGRAMS.'';
and
(ii) by striking ``Sec. 208.''.
(k) Administrative Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the following
new headings:
``TITLE XLVIII--ADMINISTRATIVE MATTERS
``Subtitle A--Contracts''.
(2) Costs not allowed under certain contracts.--Section
1534 of the Department of Defense Authorization Act, 1986
(Public Law 99-145; 99 Stat. 774), as amended by section 3131
of the National Defense Authorization Act for Fiscal Years 1988
and 1989 (Public Law 100-180; 101 Stat. 1238), is--
(A) transferred to title XLVIII of division D of
the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as added by paragraph (1);
(B) redesignated as section 4801;
(C) inserted after the heading for subtitle A of
such title, as so added; and
(D) amended--
(i) in the section heading, by adding a
period at the end; and
(ii) in subsection (b)(1), by striking
``the date of the enactment of this Act,'' and
inserting ``November 8, 1985,''.
(3) Prohibition on bonuses to contractors operating defense
nuclear facilities.--Section 3151 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 103 Stat. 1682) is--
(A) transferred to title XLVIII of division D of
the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection;
(B) redesignated as section 4802;
(C) inserted after section 4801, as added by
paragraph (2); and
(D) amended--
(i) in the section heading, by adding a
period at the end;
(ii) in subsection (a), by striking ``the
date of the enactment of this Act'' and
inserting ``November 29, 1989'';
(iii) in subsection (b), by striking ``6
months after the date of the enactment of this
Act,'' and inserting ``May 29, 1990,''; and
(iv) in subsection (d), by striking ``90
days after the date of the enactment of this
Act'' and inserting ``March 1, 1990''.
(4) Contractor liability for injury or loss of property
arising from atomic weapons testing programs.--Section 3141 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 104 Stat. 1837) is--
(A) transferred to title XLVIII of division D of
the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection;
(B) redesignated as section 4803;
(C) inserted after section 4802, as added by
paragraph (3); and
(D) amended--
(i) in the section heading, by adding a
period at the end; and
(ii) in subsection (d), by striking ``the
date of the enactment of this Act'' each place
it appears and inserting ``November 5, 1990,''.
(5) Subtitle heading on research and development.--Title
XLVIII of division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
subsection, is further amended by adding at the end the
following new subtitle heading:
``Subtitle B--Research and Development''.
(6) Laboratory-directed research and development.--Section
3132 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1832) is--
(A) transferred to title XLVIII of division D of
the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection;
(B) redesignated as section 4811;
(C) inserted after the heading for subtitle B of
such title, as added by paragraph (5); and
(D) amended in the section heading by adding a
period at the end.
(7) Limitations on use of funds for laboratory directed
research and development.--
(A) Limitations on use of funds for laboratory
directed research and development.--Section 3137 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 2038) is--
(i) transferred to title XLVIII of division
D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(ii) redesignated as section 4812;
(iii) inserted after section 4811, as added
by paragraph (6); and
(iv) amended--
(I) in subsection (b), by striking
``section 3136(b) of the National
Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110
Stat. 2831; 42 U.S.C. 7257b)'' and
inserting ``section 4812A(b)'';
(II) in subsection (d)--
(aa) by striking ``section
3136(b)(1)'' and inserting
``section 4812A(b)(1)''; and
(bb) by striking ``section
3132(c) of the National Defense
Authorization Act for Fiscal
Year 1991 (42 U.S.C.
7257a(c))'' and inserting
``section 4811(c)''; and
(III) in subsection (e), by
striking ``section 3132(d) of the
National Defense Authorization Act for
Fiscal Year 1991 (42 U.S.C. 7257a(d))''
and inserting ``section 4811(d)''.
(B) Limitation on use of funds for certain research
and development purposes.--Section 3136 of the National
Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2830), as amended by section
3137 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2038),
is--
(i) transferred to title XLVIII of division
D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(ii) redesignated as section 4812A;
(iii) inserted after section 4812, as added
by paragraph (7); and
(iv) amended in subsection (a) by inserting
``of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201)'' after
``section 3101''.
(8) Critical technology partnerships.--Section 3136 of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190; 105 Stat. 1577), as amended by
section 203(b)(3) of Public Law 103-35 (107 Stat. 102), is--
(A) transferred to title XLVIII of division D of
the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection;
(B) redesignated as section 4813; and
(C) inserted after section 4812A, as added by
paragraph (7)(B).
(9) University-based research collaboration program.--
Section 3155 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2044) is--
(A) transferred to title XLVIII of division D of
the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection;
(B) redesignated as section 4814;
(C) inserted after section 4813, as added by
paragraph (8); and
(D) amended in subsection (c) by striking ``this
title'' and inserting ``title XXXI of the National
Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85)''.
(10) Subtitle heading on facilities management.--Title
XLVIII of division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
subsection, is further amended by adding at the end the
following new subtitle heading:
``Subtitle C--Facilities Management''.
(11) Transfers of real property at certain facilities.--
Section 3158 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2046) is--
(A) transferred to title XLVIII of division D of
the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection;
(B) redesignated as section 4831; and
(C) inserted after the heading for subtitle C of
such title, as added by paragraph (10).
(12) Engineering and manufacturing research, development,
and demonstration at certain nuclear weapons production
plants.--Section 3156 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-467) is--
(A) transferred to title XLVIII of division D of
the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection;
(B) redesignated as section 4832; and
(C) inserted after section 4831, as added by
paragraph (11).
(13) Pilot program on use of proceeds of disposal or
utilization of certain assets.--Section 3138 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 2039) is--
(A) transferred to title XLVIII of division D of
the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection;
(B) redesignated as section 4833;
(C) inserted after section 4832, as added by
paragraph (12); and
(D) amended in subsection (d) by striking
``sections 202 and 203(j) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483 and
484(j))'' and inserting ``subchapter II of chapter 5
and section 549 of title 40, United States Code,''.
(14) Subtitle heading on other matters.--Title XLVIII of
division D of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
``Subtitle D--Other Matters''.
(15) Semiannual reports on local impact assistance.--
Subsection (f) of section 3153 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 2044) is--
(A) transferred to title XLVIII of division D of
the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection;
(B) inserted after the heading for subtitle D of
such title, as added by paragraph (14); and
(C) amended--
(i) by inserting before the text the
following new section heading:
``SEC. 4851. SEMIANNUAL REPORTS ON LOCAL IMPACT ASSISTANCE.'';
(ii) by striking ``(f) Semiannual Reports
to Congress of Local Impact Assistance.--'';
and
(iii) by striking ``section 3161(c)(6) of
the National Defense Authorization Act of 1993
(42 U.S.C. 7274h(c)(6))'' and inserting
``section 4604(c)(6)''.
(l) Matters Relating to Particular Facilities.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the following
new headings:
``TITLE XLIX--MATTERS RELATING TO PARTICULAR FACILITIES
``Subtitle A--Hanford Reservation, Washington''.
(2) Safety measures for waste tanks.--Section 3137 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 104 Stat. 1833) is--
(A) transferred to title XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as added by paragraph (1);
(B) redesignated as section 4901;
(C) inserted after the heading for subtitle A of
such title, as so added; and
(D) amended--
(i) in the section heading, by adding a
period at the end;
(ii) in subsection (a), by striking
``Within 90 days after the date of the
enactment of this Act,'' and inserting ``Not
later than February 3, 1991,'';
(iii) in subsection (b), by striking
``Within 120 days after the date of the
enactment of this Act,'' and inserting ``Not
later than March 5, 1991,'';
(iv) in subsection (c), by striking
``Beginning 120 days after the date of the
enactment of this Act,'' and inserting
``Beginning March 5, 1991,''; and
(v) in subsection (d), by striking ``Within
six months after the date of the enactment of
this Act,'' and inserting ``Not later than May
5, 1991,''.
(3) Programs for persons who may have been exposed to
radiation released from hanford reservation.--Section 3138 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 104 Stat. 1834), as amended by section
3138 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 3087), is--
(A) transferred to title XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4902;
(C) inserted after section 4901, as added by
paragraph (2); and
(D) amended--
(i) in the section heading, by adding a
period at the end;
(ii) in subsection (a), by striking ``this
title'' and inserting ``title XXXI of the
National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510)''; and
(iii) in subsection (c)--
(I) in paragraph (2), by striking
``six months after the date of the
enactment of this Act,'' and inserting
``May 5, 1991,''; and
(II) in paragraph (3), by striking
``18 months after the date of the
enactment of this Act,'' and inserting
``May 5, 1992,''.
(4) Waste tank cleanup program.--Section 3139 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2250), as amended by
section 3141 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-463) and section 3135 of
the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 115 Stat. 1368), is--
(A) transferred to title XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4903;
(C) inserted after section 4902, as added by
paragraph (3); and
(D) amended in subsection (d) by striking ``30 days
after the date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year
2001,'' and inserting ``November 29, 2000,''.
(5) River protection project.--Subsection (a) of section
3141 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-
398; 114 Stat. 1654A-462) is--
(A) transferred to title XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after section 4903, as added by
paragraph (4); and
(C) amended--
(i) by inserting before the text the
following new section heading:
``SEC. 4904. RIVER PROTECTION PROJECT.'';
and
(ii) by striking ``(a) Redesignation of
Project.--''.
(6) Funding for termination costs of river protection
project.--Section 3131 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-454) is--
(A) transferred to title XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4905;
(C) inserted after section 4904, as added by
paragraph (5); and
(D) amended--
(i) by striking ``section 3141'' and
inserting ``section 4904''; and
(ii) by striking ``the date of the
enactment of this Act'' and inserting ``October
30, 2000''.
(7) Subtitle heading on savannah river site, south
carolina.--Title XLIX of division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this subsection, is further amended by adding at the end the
following new subtitle heading:
``Subtitle B--Savannah River Site, South Carolina''.
(8) Accelerated schedule for isolating high-level nuclear
waste at defense waste processing facility.--Section 3141 of
the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2834) is--
(A) transferred to title XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as 4911; and
(C) inserted after the heading for subtitle B of
such title, as added by paragraph (7).
(9) Multi-year plan for clean-up.--Subsection (e) of
section 3142 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2834) is--
(A) transferred to title XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after section 4911, as added by
paragraph (8); and
(C) amended--
(i) by inserting before the text the
following new section heading:
``SEC. 4912. MULTI-YEAR PLAN FOR CLEAN-UP.'';
and
(ii) by striking ``(e) Multi-Year Plan for
Clean-Up at Savannah River Site.--The
Secretary'' and inserting ``The Secretary of
Energy''.
(10) Continuation of processing, treatment, and disposal of
legacy nuclear materials.--
(A) Fiscal year 2001.--Subsection (a) of section
3137 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398; 114 Stat 1654A-460) is--
(i) transferred to title XLIX of division D
of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) inserted after section 4912, as added
by paragraph (9); and
(iii) amended--
(I) by inserting before the text
the following new section heading:
``SEC. 4913. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSAL OF
LEGACY NUCLEAR MATERIALS.'';
and
(II) by striking ``(a)
Continuation.--''.
(B) Fiscal year 2000.--Section 3132 of the National
Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 924) is--
(i) transferred to title XLIX of division D
of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) redesignated as section 4913A; and
(iii) inserted after section 4913, as added
by subparagraph (A).
(C) Fiscal year 1999.--Section 3135 of the Strom
Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2248) is--
(i) transferred to title XLIX of division D
of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) redesignated as section 4913B; and
(iii) inserted after section 4913A, as
added by subparagraph (B).
(D) Fiscal year 1998.--Subsection (b) of section
3136 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2038)
is--
(i) transferred to title XLIX of division D
of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) inserted after section 4913B, as added
by subparagraph (C); and
(iii) amended--
(I) by inserting before the text
the following new section heading:
``SEC. 4913C. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSAL OF
LEGACY NUCLEAR MATERIALS.'';
and
(II) by striking ``(b) Requirement
for Continuing Operations at Savannah
River Site.--''.
(E) Fiscal year 1997.--Subsection (f) of section
3142 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2836)
is--
(i) transferred to title XLIX of division D
of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) inserted after section 4913C, as added
by subparagraph (D); and
(iii) amended--
(I) by inserting before the text
the following new section heading:
``SEC. 4913D. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSAL OF
LEGACY NUCLEAR MATERIALS.'';
(II) by striking ``(f) Requirement
for Continuing Operations at Savannah
River Site.--The Secretary'' and
inserting ``The Secretary of Energy'';
and
(III) by striking ``subsection
(e)'' and inserting ``section 4912''.
(11) Limitation on use of funds for decommissioning f-
canyon facility.--Subsection (b) of section 3137 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-460) is--
(A) transferred to title XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after section 4913D, as added by
paragraph (10)(E); and
(C) amended--
(i) by inserting before the text the
following new section heading:
``SEC. 4914. LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING F-CANYON
FACILITY.'';
(ii) by striking ``(b) Limitation on Use of
Funds for Decommissioning F-Canyon Facility.--
'';
(iii) by striking ``this or any other Act''
and inserting ``the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398) or
any other Act''; and
(iv) by striking ``the Secretary'' in the
matter preceding paragraph (1) and inserting
``the Secretary of Energy''.
(12) Disposition of plutonium.--
(A) Disposition of weapons usable plutonium.--
Section 3182 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-
314; 116 Stat. 2747) is--
(i) transferred to title XLIX of division D
of such Act, as amended by this subsection;
(ii) redesignated as section 4915; and
(iii) inserted after section 4914, as added
by paragraph (11).
(B) Disposition of surplus defense plutonium.--
Section 3155 of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1378) is--
(i) transferred to title XLIX of division D
of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) redesignated as section 4915A; and
(iii) inserted after section 4915, as added
by subparagraph (A).
(13) Subtitle heading on other facilities.--Title XLIX of
division D of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
``Subtitle C--Other Facilities''.
(14) Payment of costs of operation and maintenance of
infrastructure at nevada test site.--Section 3144 of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2838) is--
(A) transferred to title XLIX of division D of such
Act, as amended by this subsection;
(B) redesignated as section 4921; and
(C) inserted after the heading for subtitle C of
such title, as added by paragraph (13).
(m) Conforming Amendments.--(1) Title XXXVI of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314; 116 Stat. 1756) is repealed.
(2) Subtitle E of title XXXI of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 7274h et seq.)
is repealed.
(3) Section 8905a(d)(5)(A) of title 5, United States Code, is
amended by striking ``section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)'' and
inserting ``section 4421 of the Atomic Energy Defense Act''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2004,
$19,559,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2004, the
National Defense Stockpile Manager may obligate up to $69,701,000 of
the funds in the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section, including
the disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3302. REVISIONS TO OBJECTIVES FOR RECEIPTS FOR FISCAL YEAR 2000
DISPOSALS.
(a) In General.--Section 3402(b) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
972; 50 U.S.C. 98d note) is amended--
(1) by striking ``and'' at the end of paragraph (2); and
(2) by striking paragraph (3) and inserting the following
new paragraphs:
``(3) $310,000,000 before the end of fiscal year 2008; and
``(4) $320,000,000 before the end of fiscal year 2009.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2003, or the date of the enactment of this
Act, whichever is later.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $16,500,000 for fiscal year 2004 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--General Provisions
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Maritime Security Act of 2003''.
SEC. 3502. DEFINITIONS.
In this subtitle:
(1) Bulk cargo.--The term ``bulk cargo'' means cargo that
is loaded and carried in bulk without mark or count.
(2) Contractor.--The term ``contractor'' means an owner or
operator of a vessel that enters into an operating agreement
for the vessel with the Secretary under section 3512.
(3) Fleet.--The term ``Fleet'' means the Maritime Security
Fleet established under section 3511(a).
(4) Foreign commerce.--The term ``foreign commerce''--
(A) subject to subparagraph (B), means commerce or
trade between the United States, its territories or
possessions, or the District of Columbia, and a foreign
country; and
(B) includes, in the case of liquid and dry bulk
cargo carrying services, trading between foreign ports
in accordance with normal commercial bulk shipping
practices in such manner as will permit United States-
documented vessels freely to compete with foreign-flag
bulk carrying vessels in their operation or in
competing for charters, subject to rules and
regulations promulgated by the Secretary of
Transportation pursuant to subtitle B or C.
(5) Former participating fleet vessel.--The term ``former
participating fleet vessel'' means--
(A) any vessel that--
(i) on October 1, 2005--
(I) will meet the requirements of
paragraph (1), (2), (3), or (4) of
section 3511(c); and
(II) will be less than 25 years of
age, or less than 30 years of age in
the case of a LASH vessel; and
(ii) on December 31, 2003, is covered by an
operating agreement under subtitle B of title
VI of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1187 et seq.); and
(B) any vessel that--
(i) is a replacement for a vessel described
in subparagraph (A);
(ii) is controlled by the person that
controls such replaced vessel;
(iii) is eligible to be included in the
Fleet under section 3511(b);
(iv) is approved by the Secretary and the
Secretary of Defense; and
(v) begins operation under an operating
agreement under subtitle B by not later than
the end of the 30-month period beginning on the
date the operating agreement is entered into by
the Secretary.
(6) LASH vessel.--The term ``LASH vessel'' means a lighter
aboard ship vessel.
(7) Person.--The term ``person'' includes corporations,
partnerships, and associations existing under or authorized by
the laws of the United States, or any State, Territory,
District, or possession thereof, or of any foreign country.
(8) Product tank vessel.--The term ``product tank vessel''
means a double hulled tank vessel capable of carrying
simultaneously more than 2 separated grades of refined
petroleum products.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(10) United states.--The term ``United States'' includes
the District of Columbia, the Commonwealth of Puerto Rico, the
Northern Mariana Islands, Guam, American Samoa, the Virgin
Islands.
(11) United states-documented vessel.--The term ``United
States-documented vessel'' means a vessel documented under
chapter 121 of title 46, United States Code.
Subtitle B--Maritime Security Fleet
SEC. 3511. ESTABLISHMENT OF MARITIME SECURITY FLEET.
(a) In General.--The Secretary of Transportation shall establish a
fleet of active, militarily useful, privately owned vessels to meet
national defense and other security requirements and maintain a United
States presence in international commercial shipping. The Fleet shall
consist of privately owned, United States-documented vessels for which
there are in effect operating agreements under this subtitle, and shall
be known as the Maritime Security Fleet.
(b) Vessel Eligibility.--A vessel is eligible to be included in the
Fleet if--
(1) the vessel meets the requirements of paragraph (1),
(2), (3), or (4) of subsection (c);
(2) the vessel is operated (or in the case of a vessel to
be constructed, will be operated) in providing transportation
in foreign commerce;
(3) the vessel is self-propelled and is--
(A) a roll-on/roll-off vessel with a carrying
capacity of at least 80,000 square feet or 500 twenty-
foot equivalent units and that is 15 years of age or
less on the date the vessel is included in the Fleet;
(B) a tank vessel that is constructed in the United
States after the date of the enactment of this
subtitle;
(C) a tank vessel that is 10 years of age or less
on the date the vessel is included in the Fleet;
(D) a LASH vessel that is 25 years of age or less
on the date the vessel is included in the Fleet; or
(E) any other type of vessel that is 15 years of
age or less on the date the vessel is included in the
Fleet;
except that the Secretary of Transportation shall waive the
application of an age restriction under this paragraph if the
waiver is requested by the Secretary of Defense;
(4) the vessel is determined by the Secretary of Defense to
be suitable for use by the United States for national defense
or military purposes in time of war or national emergency; and
(5) the vessel--
(A) is a United States-documented vessel; or
(B) is not a United States-documented vessel, but--
(i) the owner of the vessel has
demonstrated an intent to have the vessel
documented under chapter 121 of title 46,
United States Code, if it is included in the
Fleet; and
(ii) at the time an operating agreement for
the vessel is entered into under this subtitle,
the vessel is eligible for documentation under
chapter 121 of title 46, United States Code.
(c) Requirements Regarding Citizenship of Owners and Charterers.--
(1) Vessel owned and operated by section 2 citizens.--A
vessel meets the requirements of this paragraph if, during the
period of an operating agreement under this subtitle that
applies to the vessel, the vessel will be owned and operated by
persons one or more persons that are citizens of the United
States under section 2 of the Shipping Act, 1916 (46 App.
U.S.C. 802).
(2) Vessel owned by section 2 citizen and chartered to
documentation citizen.--A vessel meets the requirements of this
paragraph if--
(A) during the period of an operating agreement
under this subtitle that applies to the vessel, the
vessel will be--
(i) owned by a person that is a citizen of
the United States under section 2 of the
Shipping Act, 1916 (46 App. U.S.C. 802); and
(ii) demise chartered to a person--
(I) that is eligible to document
the vessel under chapter 121 of title
46, United States Code;
(II) the chairman of the board of
directors, chief executive officer, and
a majority of the members of the board
of directors of which are citizens of
the United States under section 2 of
the Shipping Act, 1916 (46 App. U.S.C.
802), and are appointed and subjected
to removal only upon approval by the
Secretary; and
(III) that certifies that there are
no treaties, statutes, regulations, or
other laws that would prohibit the
contractor for the vessel from
performing its obligations under an
operating agreement under this
subtitle; and
(B) in the case of a vessel that will be chartered
to a person that is owned or controlled by another
person that is not a citizen of the United States under
section 2 of the Shipping Act, 1916 (46 App. U.S.C.
802), the other person enters into an agreement with
the Secretary not to influence the operation of the
vessel in a manner that will adversely affect the
interests of the United States.
(3) Vessel owned and operated by defense contractor.--A
vessel meets the requirements of this paragraph if, during the
period of an operating agreement under this subtitle that
applies to the vessel, the vessel will be owned and operated by
one or more persons that--
(A) are eligible to document a vessel under chapter
121 of title 46, United States Code;
(B) operates or manages other United States-
documented vessels for the Secretary of Defense, or
charters other vessels to the Secretary of Defense;
(C) has entered into a Special Security Agreement
for purposes of this paragraph with the Secretary of
Defense;
(D) makes the certification described in paragraph
(2)(A)(ii)(III); and
(E) in the case of a vessel described in paragraph
(2)(B), enters into an agreement referred to in that
paragraph.
(4) Vessel owned by documentation citizen and chartered to
section 2 citizen.--A vessel meets the requirements of this
paragraph if, during the period of an operating agreement under
this subtitle that applies to the vessel, the vessel will be--
(A) owned by a person that is eligible to document
a vessel under chapter 121 of title 46, United States
Code; and
(B) demise chartered to a person that is a citizen
of the United States under section 2 of the Shipping
Act, 1916 (46 App. U.S.C. 802).
(d) Request by Secretary of Defense.--The Secretary of Defense
shall request the Secretary of Homeland Security to issue any waiver
under the first section of Public Law 81-891 (64 Stat. 1120; 46 App.
U.S.C. note prec. 3) that is necessary for purposes of this subtitle.
SEC. 3512. AWARD OF OPERATING AGREEMENTS.
(a) In General.--The Secretary shall require, as a condition of
including any vessel in the Fleet, that the person that is the owner or
charterer of the vessel for purposes of section 3511(c) enter into an
operating agreement with the Secretary under this section.
(b) Procedure for Applications.--
(1) Acceptance of applications.--Beginning no later than 30
days after the effective date of this subtitle, the Secretary
shall accept applications for enrollment of vessels in the
Fleet.
(2) Action on applications.--Within 90 days after receipt
of an application for enrollment of a vessel in the Fleet, the
Secretary shall enter into an operating agreement with the
applicant or provide in writing the reason for denial of that
application.
(c) Priority for Awarding Agreements.--
(1) In general.--Subject to the availability of
appropriations, the Secretary shall enter into operating
agreements according to the following priority:
(A) New tank vessels.--First, for any tank vessel
that--
(i) is constructed in the United States
after the effective date of this subtitle;
(ii) is eligible to be included in the
Fleet under section 3511(b); and
(iii) during the period of an operating
agreement under this subtitle that applies to
the vessel, will be owned and operated by one
or more persons that are citizens of the United
States under section 2 of the Shipping Act,
1916 (46 App. U.S.C. 802),
except that the Secretary shall not enter into
operating agreements under this subparagraph for more
than 5 such vessels.
(B) Former participating vessels.--Second, to the
extent amounts are available after applying
subparagraphs (A), for any former participating fleet
vessel, except that the Secretary shall not enter into
operating agreements under this subparagraph for more
than 47 vessels.
(C) Certain vessels operated by section 2
citizens.--Third, to the extent amounts are available
after applying subparagraphs (A) and (B), for any other
vessel that is eligible to be included in the Fleet
under section 3511(b), and that, during the period of
an operating agreement under this subtitle that applies
to the vessel, will be--
(i) owned and operated by one or more
persons that are citizens of the United States
under section 2 of the Shipping Act, 1916 (46
App. U.S.C. 802); or
(ii) owned by a person that is eligible to
document the vessel under chapter 121 of title
46, United States Code, and operated by a
person that is a citizen of the United States
under section 2 of the Shipping Act, 1916 (46
App. U.S.C. 802).
(D) Other eligible vessels.--Fourth, to the extent
amounts are available after applying subparagraphs (A),
(B), and (C), for any other vessel that is eligible to
be included in the Fleet under section 3511(b).
(2) Reduction in number of slots for former participating
fleet vessels.--The number in paragraph (1)(B) shall be reduced
by 1--
(A) for each former participating fleet vessel for
which an application for enrollment in the Fleet is not
received by the Secretary within the 90-day period
beginning on the effective date of this subtitle; and
(B) for each former participating fleet vessel for
which an application for enrollment in the Fleet
received by the Secretary is not approved by the
Secretary of Defense within the 90-day period beginning
on the date of such receipt.
(3) Discretion within priority.--The Secretary--
(A) subject to subparagraph (B), may award
operating agreements within each priority under
paragraph (1) as the Secretary considers appropriate;
and
(B) shall award operating agreement within a
priority--
(i) in accordance with operational
requirements specified by the Secretary of
Defense; and
(ii) subject to the approval of the
Secretary of Defense.
(4) Treatment of tank vessel to be replaced.--(A) For
purposes of the application of paragraph (1)(A) with respect to
the award of an operating agreement, the Secretary may treat an
existing tank vessel that is eligible to be included in the
Fleet under section 3511(b) as a vessel that is constructed in
the United States after the effective date of this subtitle,
if--
(i) a binding contract for construction in the
United States of a replacement vessel to be operated
under the operating agreement is executed by not later
than 9 months after the first date amounts are
available to carry out this subtitle; and
(ii) the replacement vessel is eligible to be
included in the Fleet under section 3511(b).
(B) No payment under this subtitle may be made for an
existing tank vessel for which an operating agreement is
awarded under this paragraph after the earlier of--
(i) 4 years after the first date amounts are
available to carry out this subtitle; or
(ii) the date of delivery of the replacement tank
vessel.
(d) Limitation.--The Secretary may not award operating agreements
under this subtitle that require payments under section 3515 for a
fiscal year for more than 60 vessels.
SEC. 3513. EFFECTIVENESS OF OPERATING AGREEMENTS.
(a) Effectiveness, Generally.--The Secretary may enter into an
operating agreement under this subtitle for fiscal year 2006. Except as
provided in subsection (b), the agreement shall be effective only for 1
fiscal year, but shall be renewable, subject to the availability of
appropriations, for each subsequent fiscal year through the end of
fiscal year 2015.
(b) Vessels Under Charter to U.S.--Unless an earlier date is
requested by the applicant, the effective date for an operating
agreement with respect to a vessel that is, on the date of entry into
an operating agreement, on charter to the United States Government,
other than a charter pursuant to an Emergency Preparedness Agreement
under section 3516, shall be the expiration or termination date of the
Government charter covering the vessel, or any earlier date the vessel
is withdrawn from that charter.
(c) Termination.--
(1) In general.--If the contractor with respect to an
operating agreement fails to comply with the terms of the
agreement--
(A) the Secretary shall terminate the operating
agreement; and
(B) any budget authority obligated by the agreement
shall be available to the Secretary to carry out this
subtitle.
(2) Early termination.--An operating agreement under this
subtitle shall terminate on a date specified by the contractor
if the contractor notifies the Secretary, by not later than 60
days before the effective date of the termination, that the
contractor intends to terminate the agreement.
(d) Nonrenewal for Lack of Funds.--
(1) Notification of congress.--If, by the first day of a
fiscal year, sufficient funds have not been appropriated under
the authority provided by this subtitle for that fiscal year,
then the Secretary shall notify the Congress that operating
agreements authorized under this subtitle for which sufficient
funds are not available will not be renewed for that fiscal
year if sufficient funds are not appropriated by the 60th day
of that fiscal year.
(2) Release of vessels from obligations.--If funds are not
appropriated under the authority provided by this subtitle for
any fiscal year by the 60th day of that fiscal year, then each
vessel covered by an operating agreement under this subtitle
for which funds are not available--
(A) is thereby released from any further obligation
under the operating agreement;
(B) the owner or operator of the vessel may
transfer and register such vessel under a foreign
registry that is acceptable to the Secretary of
Transportation and the Secretary of Defense,
notwithstanding section 9 of the Shipping Act, 1916 (46
App. U.S.C. 808); and
(C) if section 902 of the Merchant Marine Act, 1936
(46 App. U.S.C. 1242) is applicable to such vessel
after registration of the vessel under such a registry,
then the vessel is available to be requisitioned by the
Secretary of Transportation pursuant to section 902 of
such Act.
SEC. 3514. OBLIGATIONS AND RIGHTS UNDER OPERATING AGREEMENTS.
(a) Operation of Vessel.--An operating agreement under this
subtitle shall require that, during the period a vessel is operating
under the agreement--
(1) the vessel--
(A) shall be operated exclusively in the foreign
commerce or in mixed foreign commerce and domestic
trade allowed under a registry endorsement issued under
section 12105 of title 46, United States Code; and
(B) shall not otherwise be operated in the
coastwise trade; and
(2) the vessel shall be documented under chapter 121 of
title 46, United States Code.
(b) Annual Payments by Secretary.--
(1) In general.--An operating agreement under this subtitle
shall require, subject to the availability of appropriations,
that the Secretary make a payment each fiscal year to the
contractor in accordance with section 3515.
(2) Operating agreement is obligation of united states
government.--An operating agreement under this subtitle
constitutes a contractual obligation of the United States
Government to pay the amounts provided for in the agreement to
the extent of actual appropriations.
(c) Documentation Requirement.--Each vessel covered by an operating
agreement (including an agreement terminated under section 3513(c)(2))
shall remain documented under chapter 121 of title 46, United States
Code, until the date the operating agreement would terminate according
to its terms.
(d) National Security Requirements.--
(1) In general.--A contractor with respect to an operating
agreement (including an agreement terminated under section
3513(c)(2)) shall continue to be bound by the provisions of
section 3516 until the date the operating agreement would
terminate according to its terms.
(2) Emergency preparedness agreement.--All terms and
conditions of an Emergency Preparedness Agreement entered into
under section 3516 shall remain in effect until the date the
operating agreement would terminate according to its terms,
except that the terms of such Emergency Preparedness Agreement
may be modified by the mutual consent of the contractor and the
Secretary of Transportation and the Secretary of Defense.
(e) Transfer of Operating Agreements.--A contractor under an
operating agreement may transfer the agreement (including all rights
and obligations under the agreement) to any person that is eligible to
enter into that operating agreement under this subtitle, if the
transfer is approved by the Secretary and the Secretary of Defense.
SEC. 3515. PAYMENTS.
(a) Annual payment.--
(1) In general.--The Secretary, subject to the availability
of appropriations and the other provisions of this section,
shall pay to the contractor for an operating agreement, for
each vessel that is covered by the operating agreement, an
amount equal to--
(A) $2,600,000 for each of fiscal years 2006 and
2007, and
(B) such amount, not less than $2,600,000, for each
fiscal year thereafter for which the agreement is in
effect as the Secretary, with the concurrence of the
Secretary of Defense, considers to be necessary to meet
the operational requirements of the Secretary of
Defense.
(2) Timing.--The amount shall be paid in equal monthly
installments at the end of each month. The amount shall not be
reduced except as provided by this section.
(b) Certification Required for Payment.--As a condition of
receiving payment under this section for a fiscal year for a vessel,
the contractor for the vessel shall certify, in accordance with
regulations issued by the Secretary, that the vessel has been and will
be operated in accordance with section 3514(a)(1) for at least 320 days
in the fiscal year. Days during which the vessel is drydocked,
surveyed, inspected, or repaired shall be considered days of operation
for purposes of this subsection.
(c) Limitations.--The Secretary of Transportation shall not make
any payment under this subtitle for a vessel with respect to any days
for which the vessel is--
(1) under a charter to the United States Government, other
than a charter pursuant to an Emergency Preparedness Agreement
under section 3516;
(2) not operated or maintained in accordance with an
operating agreement under this subtitle; or
(3) more than--
(A) 25 years of age, except as provided in
subparagraph (B) or (C);
(B) 20 years of age, in the case of a tank vessel;
or
(C) 30 years of age, in the case of a LASH vessel.
(d) Reductions in Payments.--With respect to payments under this
subtitle for a vessel covered by an operating agreement, the
Secretary--
(1) except as provided in paragraph (2), shall not reduce
any payment for the operation of the vessel to carry military
or other preference cargoes under section 2631 of title 10,
United States Code, the Act of March 26, 1934 (46 App. U.S.C.
1241-1), section 901(a), 901(b), or 901b of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1241(a), 1241(b), or 1241f), or any
other cargo preference law of the United States;
(2) shall not make any payment for any day that the vessel
is engaged in transporting more than 7,500 tons of civilian
bulk preference cargoes pursuant to section 901(a), 901(b), or
901b of the Merchant Marine Act, 1936 (46 App. U.S.C. 1241(a),
1241(b), or 1241f), that is cargo; and
(3) shall make a pro rata reduction in payment for each day
less than 320 in a fiscal year that the vessel is not operated
in accordance with section 3514(a)(1), with days during which
the vessel is drydocked or undergoing survey, inspection, or
repair considered to be days on which the vessel is operated.
SEC. 3516. NATIONAL SECURITY REQUIREMENTS.
(a) Emergency Preparedness Agreement Required.--The Secretary shall
establish an Emergency Preparedness Program under this section that is
approved by the Secretary of Defense. Under the program, the Secretary
shall include in each operating agreement under this subtitle a
requirement that the contractor enter into an Emergency Preparedness
Agreement under this section with the Secretary. The Secretary shall
negotiate and enter into an Emergency Preparedness Agreement with each
contractor as promptly as practicable after the contractor has entered
into an operating agreement under this subtitle.
(b) Terms of Agreement.--
(1) In general.--An Emergency Preparedness Agreement under
this section shall require that upon a request by the Secretary
of Defense during time of war or national emergency, or
whenever determined by the Secretary of Defense to be necessary
for national security or contingency operation (as that term is
defined in section 101 of title 10, United States Code), a
contractor for a vessel covered by an operating agreement under
this subtitle shall make available commercial transportation
resources (including services).
(2) Basic terms.--(A) The basic terms of the Emergency
Preparedness Agreement shall be established (subject to
subparagraph (B)) pursuant to consultations among the Secretary
and the Secretary of Defense.
(B) In any Emergency Preparedness Agreement, the Secretary
and a contractor may agree to additional or modifying terms
appropriate to the contractor's circumstances if those terms
have been approved by the Secretary of Defense.
(c) Participation After Expiration of Operating Agreement.--Except
as provided by section 3514(c), the Secretary may not require, through
an Emergency Preparedness Agreement or operating agreement, that a
contractor continue to participate in an Emergency Preparedness
Agreement after the operating agreement with the contractor has expired
according to its terms or is otherwise no longer in effect. After
expiration of an Emergency Preparedness Agreement, a contractor may
volunteer to continue to participate in such an agreement.
(d) Resources Made Available.--The commercial transportation
resources to be made available under an Emergency Preparedness
Agreement shall include vessels or capacity in vessels, intermodal
systems and equipment, terminal facilities, intermodal and management
services, and other related services, or any agreed portion of such
nonvessel resources for activation as the Secretary of Defense may
determine to be necessary, seeking to minimize disruption of the
contractor's service to commercial shippers.
(e) Compensation.--
(1) In general.--The Secretary shall include in each
Emergency Preparedness Agreement provisions approved by the
Secretary of Defense under which the Secretary of Defense shall
pay fair and reasonable compensation for all commercial
transportation resources provided pursuant to this section.
(2) Specific requirements.--Compensation under this
subsection--
(A) shall not be less than the contractor's
commercial market charges for like transportation
resources;
(B) shall be fair and reasonable considering all
circumstances;
(C) shall be provided from the time that a vessel
or resource is required by the Secretary of Defense
until the time that it is redelivered to the contractor
and is available to reenter commercial service; and
(D) shall be in addition to and shall not in any
way reflect amounts payable under section 3515.
(f) Temporary Replacement Vessels.--Notwithstanding section 2631 of
title 10, United States Code, the Act of March 26, 1934 (46 App. U.S.C.
1241-1), section 901(a), 901(b), or 901b of the Merchant Marine Act,
1936 (46 App. U.S.C. 1241(a), 1241(b), or 1241f), or any other cargo
preference law of the United States--
(1) a contractor may operate or employ in foreign commerce
a foreign-flag vessel or foreign-flag vessel capacity as a
temporary replacement for a United States-documented vessel or
United States-documented vessel capacity that is activated by
the Secretary of Defense under an Emergency Preparedness
Agreement or under a primary Department of Defense-approved
sealift readiness program; and
(2) such replacement vessel or vessel capacity shall be
eligible during the replacement period to transport preference
cargoes subject to section 2631 of title 10, United States
Code, the Act of March 26, 1934 (46 App. U.S.C. 1241-1), and
sections 901(a), 901(b), and 901b of the Merchant Marine Act,
1936 (46 App. U.S.C. 1241(a), 1241(b), and 1241b) to the same
extent as the eligibility of the vessel or vessel capacity
replaced.
(g) Redelivery and Liability of United States for Damages.--
(1) In general.--All commercial transportation resources
activated under an Emergency Preparedness Agreement shall, upon
termination of the period of activation, be redelivered to the
contractor in the same good order and condition as when
received, less ordinary wear and tear, or the Secretary of
Defense shall fully compensate the contractor for any necessary
repair or replacement.
(2) Limitation on liability of u.s.--Except as may be
expressly agreed to in an Emergency Preparedness Agreement, or
as otherwise provided by law, the Government shall not be
liable for disruption of a contractor's commercial business or
other consequential damages to a contractor arising from
activation of commercial transportation resources under an
Emergency Preparedness Agreement.
SEC. 3517. REGULATORY RELIEF.
(a) Operation in Foreign Commerce.--A contractor for a vessel
included in an operating agreement under this subtitle may operate the
vessel in the foreign commerce of the United States without
restriction.
(b) Other Restrictions.--The restrictions of section 901(b)(1) of
the Merchant Marine Act, 1936 (46 App. U.S.C. 1241(b)(1)) concerning
the building, rebuilding, or documentation of a vessel in a foreign
country shall not apply to a vessel for any day the operator of that
vessel is receiving payments for operation of that vessel under an
operating agreement under this subtitle.
(c) Telecommunications Equipment.--The telecommunications and other
electronic equipment on an existing vessel that is redocumented under
the laws of the United States for operation under an operating
agreement under this subtitle shall be deemed to satisfy all Federal
Communications Commission equipment certification requirements, if--
(1) such equipment complies with all applicable
international agreements and associated guidelines as
determined by the country in which the vessel was documented
immediately before becoming documented under the laws of the
United States;
(2) that country has not been identified by the Secretary
as inadequately enforcing international regulations as to that
vessel; and
(3) at the end of its useful life, such equipment will be
replaced with equipment that meets Federal Communications
Commission equipment certification standards.
SEC. 3518. SPECIAL RULE REGARDING AGE OF FORMER PARTICIPATING FLEET
VESSEL.
Sections 3511(b)(3) and 3515(c)(3) shall not apply to a former
participating fleet vessel described in section 3502(5)(A), during the
30-month period referred to in section 3502(5)(B)(v) with respect to
the vessel, if the Secretary determines that the contractor for the
vessel has entered into an arrangement to obtain and operate under the
operating agreement for the former participating fleet vessel a
replacement vessel that, upon commencement of such operation, will be
eligible to be included in the Fleet under section 3511(b).
SEC. 3519. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for payments under section
3515, to remain available until expended, $156,000,000 for each of
fiscal years 2006 and 2007, and such sums as may be necessary for each
fiscal year thereafter through fiscal year 2015.
SEC. 3520. AMENDMENT TO SHIPPING ACT, 1916.
Section 9 of the Shipping Act, 1916 (46 App. U.S.C. 808) is amended
by redesignating the second subsection (e) as subsection (f), and by
adding at the end the following:
``(g) Notwithstanding subsection (c)(2), the Merchant Marine Act,
1936, or any contract entered into with the Secretary of Transportation
under that Act, a vessel may be placed under a foreign registry,
without approval of the Secretary, if--
``(1)(A) the Secretary, with the concurrence of the
Secretary of Defense, determines that at least one replacement
vessel of like capability and of a capacity that is equivalent
or greater, as measured by deadweight tons, gross tons, or
container equivalent units, as appropriate, is documented under
chapter 121 of title 46, United States Code, by the owner of
the vessel placed under the foreign registry; and
``(B) the replacement vessel is not more than 10 years of
age on the date of that documentation; and
``(2) an operating agreement covering the vessel under the
Maritime Security Act of 2003 has expired.''.
SEC. 3521. REGULATIONS.
(a) In General.--The Secretary of Transportation and the Secretary
of Defense may each prescribe rules as necessary to carry out this
subtitle and the amendments made by this subtitle.
(b) Interim Rules.--The Secretary of Transportation and the
Secretary of Defense may each prescribe interim rules necessary to
carry out this subtitle and the amendments made by this subtitle. For
this purpose, the Secretaries are excepted from compliance with the
notice and comment requirements of section 553 of title 5, United
States Code. All interim rules prescribed under the authority of this
subsection that are not earlier superseded by final rules shall expire
no later than 270 days after the effective date of this subtitle.
SEC. 3522. REPEALS AND CONFORMING AMENDMENTS.
(a) Repeals.--The following provisions are repealed:
(1) Subtitle B of title VI of the Merchant Marine Act, 1936
(46 App. U.S.C. 1187 et seq.).
(2) Section 804 of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1222).
(b) Conforming Amendment.--Section 12102(d)(4) of title 46, United
States Code, is amended by inserting ``or section 3511(b) of the
Maritime Security Act of 2003'' after ``Merchant Marine Act, 1936''.
SEC. 3523. EFFECTIVE DATES.
(a) In General.--Except as provided in subsections (b) and (c),
this subtitle shall take effect October 1, 2004.
(b) Repeals and Conforming Amendments.--Section 3522 shall take
effect October 1, 2005.
(c) Regulations.--Section 3521 and this section shall take effect
on the date of the enactment of this Act.
Subtitle C--National Defense Tank Vessel Construction Assistance
SEC. 3531. NATIONAL DEFENSE TANK VESSEL CONSTRUCTION PROGRAM.
The Secretary of Transportation shall establish a program for the
provision of financial assistance for the construction in the United
States of a fleet of up to 5 privately owned product tank vessels--
(1) to be operated in commercial service in foreign
commerce; and
(2) to be available for national defense purposes in time
of war or national emergency pursuant to an Emergency
Preparedness Plan approved by the Secretary of Defense pursuant
to section 3533(e) of this subtitle.
SEC. 3532. APPLICATION PROCEDURE. -
(a) Request for Proposals.--Within 90 days after the date of the
enactment of this subtitle, and on an as-needed basis thereafter, the
Secretary, in consultation with the Secretary of Defense, shall publish
in the Federal Register a request for competitive proposals for the
construction of new product tank vessels necessary to meet the
commercial and national security needs of the United States and to be
built with assistance under this subtitle.
(b) Qualification.--Any citizen of the United States or any
shipyard in the United States may submit a proposal to the Secretary of
Transportation for purposes of constructing a product tank vessel with
assistance under this subtitle.
(c) Requirement.--The Secretary, with the concurrence of the
Secretary of Defense, may enter into an agreement with the submitter of
a proposal for assistance under this subtitle if the Secretary
determines that--
(1) the plans and specifications call for construction of a
new product tank vessel of not less than 35,000 deadweight tons
and not greater than 60,000 deadweight tons, that--
(A) will meet the requirements of foreign commerce;
(B) is capable of carrying militarily useful
petroleum products, and will be suitable for national
defense or military purposes in time of war, national
emergency, or other military contingency; and
(C) will meet the construction standards necessary
to be documented under the laws of the United States;
(2) the shipyard in which the vessel will be constructed
has the necessary capacity and expertise to successfully
construct the proposed number and type of product tank vessels
in a reasonable period of time as determined by the Secretary
of Transportation, taking into consideration the recent prior
commercial shipbuilding history of the proposed shipyard in
delivering a vessel or series of vessels on time and in
accordance with the contract price and specifications; and
(3) the person proposed to be the operator of the proposed
vessel possesses the ability, experience, financial resources,
and any other qualifications determined to be necessary by the
Secretary for the operation and maintenance of the vessel.
(d) Priority.--The Secretary--
(1) subject to paragraph (2), shall give priority
consideration to a proposal submitted by a person that is a
citizen of the United States under section 2 of the Shipping
Act, 1916 (46 App. U.S.C. 802); and
(2) may give priority to consideration of proposals that
provide the best value to the Government, taking into
consideration--
(A) the costs of vessel construction; and
(B) the commercial and national security needs of
the United States.
SEC. 3533. AWARD OF ASSISTANCE.
(a) In General.--If after review of a proposal, the Secretary
determines that the proposal fulfills the requirements under this
subtitle, the Secretary may enter into a contract with the proposed
purchaser and the proposed shipyard for the construction of a product
tank vessel with assistance under this subtitle.
(b) Amount of Assistance.--The contract shall provide that the
Secretary shall pay, subject to the availability of appropriations, up
to 75 percent of the actual construction cost of the vessel, but in no
case more than $50,000,000 per vessel.
(c) Construction in United States.--A contract under this section
shall require that construction of a vessel with assistance under this
subtitle shall be performed in a shipyard in the United States.
(d) Documentation of Vessel.--
(1) Contract requirement.--A contract under this section
shall require that, upon delivery of a vessel constructed with
assistance under the contract, the vessel shall be documented
under chapter 121 of title 46, United States Code with a
registry endorsement only.
(2) Restriction on coastwise endorsement.--A vessel
constructed with assistance under this subtitle shall not be
eligible for a certificate of documentation with a coastwise
endorsement.
(3) Authority to reflag not applicable.--Section 9(g) of
the Shipping Act, 1916, (46 App. U.S.C. 808(g)) shall not apply
to a vessel constructed with assistance under this subtitle.
(e) Emergency Preparedness Agreement.--
(1) In general.--A contract under this section shall
require that the person who will be the operator of a vessel
constructed with assistance under the contract shall enter into
an Emergency Preparedness Agreement for the vessel under
section 3516.
(2) Treatment as contractor.--For purposes of the
application, under paragraph (1), of section 3516 to a vessel
constructed with assistance under this subtitle, the term
``contractor'' as used in section 3516 means the person who
will be the operator of a vessel constructed with assistance
under this subtitle.
(f) Additional Terms.--The Secretary shall incorporate in the
contract the requirements set forth in this subtitle, and may
incorporate in the contract any additional terms the Secretary
considers necessary.
SEC. 3534. PRIORITY FOR TITLE XI ASSISTANCE.
Section 1103 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1273)
is amended by adding at the end the following:
``(i) Priority.--In guaranteeing and entering commitments to
guarantee under this section, the Secretary shall give priority to
guarantees and commitments for vessels that are otherwise eligible for
a guarantee under this section and that are constructed with assistance
under subtitle C of the Maritime Security Act of 2003.''.
SEC. 3535. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this subtitle a total of $250,000,000 for fiscal years after fiscal
year 2004.
Subtitle D--Maritime Administration Authorization
SEC. 3541. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME ADMINISTRATION
FOR FISCAL YEAR 2004.
Funds are hereby authorized to be appropriated for fiscal year
2004, to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation
for the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $104,400,000, of which $13,000,000 is for capital
improvements at the United States Merchant Marine Academy.
(2) For expenses under the loan guarantee program
authorized by title XI of the Merchant Marine Act, 1936 (46
App. U.S.C. 1271 et seq.), $39,498,000, of which--
(A) $35,000,000 is for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5))) of loan guarantees under the
program; and
(B) $4,498,000 is for administrative expenses
related to loan guarantee commitments under the
program.
(3) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, $20,000,000.
SEC. 3542. AUTHORITY TO CONVEY VESSEL USS HOIST (ARS-40).
(a) In General.--Notwithstanding any other law, the Secretary of
Transportation may convey the right, title, and interest of the United
States Government in and to the vessel USS HOIST (ARS-40), to the Last
Patrol Museum, located in Toledo, Ohio (a not-for-profit corporation,
in this section referred to as the ``recipient''), for use as a
military museum, if--
(1) the recipient agrees to use the vessel as a nonprofit
military museum;
(2) the vessel is not used for commercial transportation
purposes;
(3) the recipient agrees to make the vessel available to
the Government when the Secretary requires use of the vessel by
the Government;
(4) the recipient agrees that when the recipient no longer
requires the vessel for use as a military museum--
(A) the recipient will, at the discretion of the
Secretary, reconvey the vessel to the Government in
good condition except for ordinary wear and tear; or
(B) if the Board of Trustees of the recipient has
decided to dissolve the recipient according to the laws
of the State of New York, then--
(i) the recipient shall distribute the
vessel, as an asset of the recipient, to a
person that has been determined exempt from
taxation under the provisions of section
501(c)(3) of the Internal Revenue Code, or to
the Federal Government or a State or local
government for a public purpose; and
(ii) the vessel shall be disposed of by a
court of competent jurisdiction of the county
in which the principal office of the recipient
is located, for such purposes as the court
shall determine, or to such organizations as
the court shall determine are organized
exclusively for public purposes;
(5) the recipient agrees to hold the Government harmless
for any claims arising from exposure to asbestos,
polychlorinated biphenyls, or lead paint after conveyance of
the vessel, except for claims arising from use by the
Government under paragraph (3) or (4); and
(6) the recipient has available, for use to restore the
vessel, in the form of cash, liquid assets, or a written loan
commitment, financial resources of at least $100,000.
(b) Delivery of Vessel.--If a conveyance is made under this
section, the Secretary shall deliver the vessel at the place where the
vessel is located on the date of enactment of this Act, in its present
condition, and without cost to the Government.
(c) Other Unneeded Equipment.--The Secretary may also convey any
unneeded equipment from other vessels in the National Defense Reserve
Fleet in order to restore the USS HOIST (ARS-40) to museum quality.
(d) Retention of Vessel in NDRF.--
(1) In general.--The Secretary shall retain in the National
Defense Reserve Fleet the vessel authorized to be conveyed
under subsection (a), until the earlier of--
(A) 2 years after the date of the enactment of this
Act; or
(B) the date of conveyance of the vessel under
subsection (a).
(2) Limitation.--Paragraph (1) does not require the
Secretary to retain the vessel in the National Defense Reserve
Fleet if the Secretary determines that retention of the vessel
in the fleet will pose an unacceptable risk to the marine
environment.
SEC. 3543. AUTHORITY TO CONVEY NDRF VESSELS AND VESSEL CONTENTS.
(a) In General.--Notwithstanding any other law, the Secretary of
Transportation may convey the right, title, and interest of the United
States Government in and to any or all of the vessels USS ORION (AS-
18), USS HOWARD W. GILMORE (AS-16), USS SPERRY (AS-12), USS NEREUS (AS-
17), USS PROTEUS (XAS-19), and S.S. HATTIESBURG VICTORY (number
248651), a barge and its inventoried contents (YFNB 4, also known as
SSE-512), and the contents (Victory class spares) that have been
removed from the S.S. CATAWBA VICTORY, to Beauchamp Tower Corporation
(a not-for-profit corporation, in this section referred to as the
``recipient'') for use as moored support ships for the corporation and
as memorials to the Fulton class ships and the Victory class ships,
if--
(1) the vessel is not used for commercial transportation
purposes;
(2) the recipient agrees to make the vessel available to
the Government when the Secretary requires use of the vessel by
the Government;
(3) the recipient agrees that when the recipient no longer
requires the vessel for use as a moored support ship for the
corporation and as a memorial to the Fulton class ships and the
Victory class ships--
(A) the recipient shall, at the discretion of the
Secretary, reconvey the vessel to the Government in
good condition except for ordinary wear and tear; or
(B) if the Board of Trustees of the recipient has
decided to dissolve the recipient according to the laws
of the State of Florida, then--
(i) the recipient shall distribute the
vessel, as an asset of the recipient, to a
person that has been determined exempt from
taxation under section 501(c)(3) of the
Internal Revenue Code, or to the Federal
Government or a State or local government for a
public purpose; and
(ii) the vessel shall be disposed of by a
court of competent jurisdiction of the county
in which the principal office of the recipient
is located, for such purposes as the court
shall determine, or to such organizations as
the court shall determine are organized
exclusively for public purposes;
(4) the recipient agrees to hold the Government harmless
for any claims arising from exposure to asbestos after
conveyance of the vessel, except for claims arising from use by
the Government under paragraph (2) or (3); and
(5) the recipient has available, for use to restore the
vessel, in the form of cash, liquid assets, a written loan
commitment, or financial resources--
(A) except as provided in subparagraph (B), of at
least $1,500,000 for each vessel conveyed; and
(B) at least $50,000 for each barge with contents
conveyed.
(b) Delivery of Vessel.--If a conveyance of a vessel is made under
this section, the Secretary shall deliver the vessel at the place where
the vessel is located on the date of the enactment of this Act, in its
present condition, without cost to the Government.
(c) Management of Vessels Pending Conveyance.--
(1) 2-year holding period.--The Secretary shall remove all
vessels authorized to be conveyed under this section from the
scrapping disposal list for a period of 2 years.
(2) Disposal at end of holding period.--If a vessel has not
been received and transported from its conveyance location by
the recipient before the end of such 2-year period, the
Secretary may dispose of the vessel as the Secretary determines
to be appropriate.
(3) Disposal during holding period.--Notwithstanding
paragraph (1), the Secretary may dispose of a vessel authorized
to be conveyed under this section during the 2-year period
provided for in paragraph (1), if it is determined that the
vessel is in danger of sinking or presents an immediate
critical hazard to the National Defense Reserve Fleet or
environmental safety.
(d) Other Unneeded Equipment.--The Secretary may convey to the
recipient any unneeded equipment, materials, and spares from other
vessels or in storage with the Maritime Administration and the National
Defense Reserve Fleet, for the recipient's use, including the
restoration and refit of the vessels conveyed under this section and to
assist other vessel museums.
(e) Retention of Vessel in NDRF.--The Secretary shall retain in the
National Defense Reserve Fleet each vessel authorized to be conveyed
under subsection (a), until the earlier of--
(1) 2 years after the date of the enactment of this Act; or
(2) the date of conveyance of the vessel under subsection
(a).
TITLE XXXVI--NUCLEAR SECURITY INITIATIVE
SEC. 3601. SHORT TITLE.
This title may be cited as the ``Nuclear Security Initiative Act of
2003''.
Subtitle A--Nonproliferation Program Enhancements
SEC. 3611. ESTABLISHMENT OF INTERNATIONAL NUCLEAR MATERIALS PROTECTION
AND COOPERATION PROGRAM IN DEPARTMENT OF STATE.
(a) Policy With Respect to Former Soviet Union.--It is the policy
of the United States to seek to cooperate with the Russian Federation
and each other independent state of the former Soviet Union to effect
as quickly as is reasonably practical basic security measures (such as
the replacement of doors, the bricking of or placement of bars in
windows, the clearing of underbrush from facility perimeters, and the
erection of fences) at each facility in the Russian Federation and each
such state that is used for storing nuclear weapons or nuclear
materials and is not yet protected by such measures.
(b) Policy Worldwide.--It is the policy of the United States to
seek to cooperate with all appropriate nations--
(1) to attempt to ensure that all nuclear weapons and
nuclear materials worldwide are secure and accounted for
according to stringent standards; and
(2) to minimize the number of facilities worldwide at which
separated plutonium and highly enriched uranium are present, so
as to achieve the highest and most sustainable levels of
security for such facilities in the most cost-effective manner.
(c) Expansion of Program to Additional Countries Authorized.--(1)
The Secretary of State may establish an international nuclear materials
protection and cooperation program with respect to countries other than
the Russian Federation and the other independent states of the former
Soviet Union.
(2) In carrying out such program, the Secretary of State may
provide such funds as are needed to remove nuclear materials from
potentially vulnerable facilities, including funds to cover the costs
of--
(A) transporting such materials from those facilities to
secure facilities;
(B) purchasing such materials;
(C) converting those facilities to a use that no longer
requires nuclear materials; and
(D) providing incentives to facilitate the removal of such
materials from such facilities.
(3)(A) The Secretary of Energy may provide technical assistance to
the Secretary of State in the efforts of the Secretary of State, in
carrying out the program, to assist such countries to review and
improve their security programs with respect to nuclear weapons and
nuclear materials.
(B) The technical assistance provided under subparagraph (A) may,
where consistent with the treaty obligations of the United States,
include the sharing of technology or methodologies to the countries
referred to in that subparagraph. Any such sharing shall take into
account the sovereignty of the country concerned and the nuclear
weapons programs of such country, as well as the sensitivity of any
information involved regarding United States nuclear weapons or nuclear
weapons systems.
(C) The Secretary of State may include the Russian Federation in
activities under this paragraph if the Secretary determines that the
experience of the Russian Federation under the International Nuclear
Materials Protection and Cooperation program of the Department of
Energy would make the participation of the Russian Federation in those
activities useful in providing technical assistance under subparagraph
(A).
Subtitle B--Administration and Oversight of Threat Reduction and
Nonproliferation Programs
SEC. 3621. ANALYSIS OF EFFECT ON THREAT REDUCTION AND NONPROLIFERATION
PROGRAMS OF CONGRESSIONAL OVERSIGHT MEASURES WITH RESPECT
TO SUCH PROGRAMS.
(a) Analysis of and Report on Congressional Oversight Measures.--
(1) The National Academy of Sciences shall carry out an analysis of the
effect on threat reduction and nonproliferation programs of applicable
congressional oversight measures. The analysis shall take into
account--
(A) the national security interests of the United States;
(B) the need for accountability in the expenditure of funds
by the United States;
(C) the effect of such congressional oversight measures on
the continuity and effectiveness of such programs; and
(D) the oversight responsibilities of Congress with respect
to such programs.
(2) In carrying out the analysis, the National Academy of Sciences
shall consult with the chairs and ranking minority members of the
Committees on Armed Services of the Senate and the House of
Representatives.
(b) Report.--Not later than November 1, 2004, the National Academy
of Sciences shall submit to Congress a report on the analysis required
by subsection (a). The report shall--
(1) identify, and describe the purpose of, each
congressional oversight measure; and
(2) set forth such recommendations as the National Academy
of Sciences considers appropriate as to whether the measure
should be retained, amended, or repealed, together with the
reasoning underlying that determination.
(c) Definitions.--In this section:
(1) the term ``congressional oversight measure'' means--
(A) the restrictions in subsection (d) of section
1203 of the Cooperative Threat Reduction Act of 1993
(22 U.S.C. 5952);
(B) the eligibility requirements in paragraphs (1)
through (4) of section 502 of the FREEDOM Support Act
(22 U.S.C. 5852);
(C) the prohibition in section 1305 of the National
Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 512; 22 U.S.C. 5952 note); and
(D) any restriction or prohibition on the use of
funds otherwise available for threat reduction and
nonproliferation programs that applies absent the
submission to Congress (or any one or more officers or
committees of Congress) of a report, certification, or
other matter.
(2) The term ``threat reduction and nonproliferation
programs'' means--
(A) the programs specified in section 1501(b) of
the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C.
2362 note); and
(B) any programs for which funds are made available
under the defense nuclear nonproliferation account of
the Department of Energy.
SEC. 3622. ANNUAL REPORT ON THE USE OF FUNDS APPROPRIATED FOR THREAT
REDUCTION AND NONPROLIFERATION IN STATES OF THE FORMER
SOVIET UNION.
(a) Report.--Not later than December 31 of each year, the Secretary
of Energy shall submit to Congress a report on the use, during the
fiscal year ending September 30 of that year, of funds appropriated for
threat reduction and nonproliferation programs in the Russian
Federation and the other independent states of the former Soviet Union.
The report shall be prepared in consultation with the Secretary of
Defense and shall include the following:
(1) A description of the use of such funds and the manner
in which such funds are being monitored and accounted for,
including--
(A) the amounts obligated, and the amounts
expended, for such activities;
(B) the purposes for which such amounts were
obligated and expended;
(C) the forms of assistance provided, and the
justification for each form of assistance provided;
(D) the success of each such activity, including
the purposes achieved for each such activity;
(E) a description of the participation in such
activities by private sector entities in the United
States and by Federal agencies; and
(F) any other information that the Secretary of
Energy considers appropriate to provide a complete
description of the operation and success of such
activities.
(2) An accounting of the financial commitment made by the
Russian Federation, as of the date of the end of the fiscal
year covered by the report, to the destruction of its weapons
of mass destruction and to threat reduction and
nonproliferation programs.
(3) A description of the efforts made by the United States
to encourage the Russian Federation to continue to maintain its
current level of financial commitment at a level not less than
the level of its commitment for fiscal year 2003, and the
response of the Russian Federation to such efforts.
(4) A description of the access provided by the Russian
Federation to the United States during the fiscal year covered
by the report to the facilities with respect to which the
United States is providing assistance under threat reduction
and nonproliferation programs.
(b) Consultation Required.--In preparing the report, the Secretary
of Energy shall consult with the chairs and ranking minority members of
the following congressional committees:
(1) The Committee on Armed Services, Committee on
Appropriations, and Committee on International Relations of the
House of Representatives.
(2) The Committee on Armed Services, Committee on
Appropriations, and Committee on Foreign Relations of the
Senate.
(c) Information from Russian Federation.--In the case of activities
covered by the report that are carried out in the Russian Federation,
the Secretary of Energy shall, in preparing the report, include
information provided by the Russian Federation with respect to those
activities.
(d) Definition.--In this section, the term ``threat reduction and
nonproliferation programs'' has the meaning given such term in section
3621.
SEC. 3623. PLAN FOR AND COORDINATION OF CHEMICAL AND BIOLOGICAL WEAPONS
NONPROLIFERATION PROGRAMS WITH STATES OF THE FORMER
SOVIET UNION.
(a) Chemical and Biological Weapons Plan.--Section 1205 of the
National Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1247), as amended by section 1205 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314; 116 Stat. 2664) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Chemical and Biological Weapons.--(1) Not later than June 1,
2004, the President shall develop with the President of the Russian
Federation and submit to Congress a comprehensive, detailed plan--
``(A) to account for, secure, and destroy all chemical and
biological weapons, and the chemical and biological materials
designed for use in such weapons, that are located in Russia
and the independent states of the former Soviet Union; and
``(B) to prevent the outflow from those states of the
technology and scientific expertise that could be used for
developing those weapons, including delivery systems.
``(2) The plan required by paragraph (1) shall include the
following:
``(A) Specific goals and measurable objectives for the
programs that are designed to carry out the objectives
specified in subparagraphs (A) and (B) of paragraph (1).
``(B) Identification of all significant obstacles to
achieving those objectives and the means for overcoming those
obstacles.
``(C) Criteria for success for those programs and a
strategy for eventual termination of United States
contributions to those programs and assumption of the ongoing
support of those programs by the Russian Federation.
``(D) Specification of the fiscal and other resources
necessary in each of the eight fiscal years after fiscal year
2003 to achieve those objectives, including contributions from
the international community.
``(E) Arrangements for United States oversight and access
to sites.
``(F) Recommendations for any changes--
``(i) in the structure or organization of the
programs for carrying out those objectives; and
``(ii) in regulations or legislation that would
increase the efficiency and coordination of those
programs or would otherwise contribute to the
achievement of those objectives.
``(3) In developing the plan required by paragraph (1), the
President shall consult with--
``(A) the majority and minority leadership of the
appropriate committees of Congress; and
``(B) appropriate officials of the states of the former
Soviet Union.
``(4)(A) The President, after consultation with the majority and
minority leadership of the appropriate committees of Congress, shall
designate a senior official of the Executive Branch, and provide that
official with sufficient authority and staffing and other resources, to
coordinate the programs referred to in paragraph (2)(A).
``(B) The President shall designate that official not later than 12
months after the date of the enactment of this subsection.''.
(b) Report Required To Cover Both Plans.--Subsection (e) of section
1205 of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 115 Stat. 1247), as redesignated by subsection
(a), is amended--
(1) in the subsection heading, by striking ``Plan.--'' and
inserting ``Plans.--'';
(2) in paragraph (1)--
(A) by striking ``January 31, 2003,'' and inserting
``January 31, 2005,''; and
(B) by striking ``plan required by subsection (a)''
and inserting ``plans required by subsections (a) and
(d)(1)''; and
(3) in paragraph (2)--
(A) in subparagraph (A), by striking ``plan
required by subsection (a)'' and inserting ``plans
required by subsections (a) and (d)(1)''; and
(B) in subparagraphs (B), (C), and (D) by striking
``plan'' each place it appears and inserting ``plans''.
(c) Conforming Amendment.--The heading of section 1205 of the
National Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1247) is amended to read as follows:
``SEC. 1205. PLANS FOR SECURING NUCLEAR WEAPONS, MATERIAL, AND
EXPERTISE OF, AND FOR COORDINATING CHEMICAL AND
BIOLOGICAL WEAPONS NONPROLIFERATION PROGRAMS WITH, STATES
OF THE FORMER SOVIET UNION.''.
(d) Effective Date for First Report Covering Both Plans.--The
amendments made by subsection (b) shall apply with respect to the first
report due after January 31, 2004.
Subtitle C--United States--Russia Relations
SEC. 3631. COMPREHENSIVE INVENTORIES AND DATA EXCHANGES ON NUCLEAR
WEAPONS-GRADE MATERIAL AND NUCLEAR WEAPONS.
(a) Findings.--Congress finds that inventories of nuclear weapons-
grade material and nuclear weapons should be tracked in order, among
other things--
(1) to make it more likely that the Russian Federation can
fully account for its entire inventory of nuclear weapons-grade
material and nuclear weapons; and
(2) to make it more likely that the sources of any such
material or weapons possessed or used by any foreign state or
terrorist organization can be identified.
(b) Statement of Policy.--To the extent that the President
considers prudent, it is the policy of the United States to seek to
establish jointly with the Russian Federation comprehensive inventories
and data exchanges of Russian Federation and United States nuclear
weapons-grade material and nuclear weapons, with particular attention
to tactical warheads and warheads that are no longer operationally
deployed.
(c) Assistance in Developing Comprehensive Inventories.--
Notwithstanding any other provision of law, the United States should
seek to work with the Russian Federation to develop comprehensive
inventories of Russian highly enriched uranium, weapons-grade
plutonium, and assembled warheads, with special attention to be focused
on tactical warheads and warheads that are no longer operationally
deployed.
(d) Data Exchanges.--As part of the development of inventories
under subsection (c), to the maximum extent practicable and without
jeopardizing United States national security interests, the United
States may exchange data with the Russian Federation on categories of
material and weapons described in subsection (c).
(e) Report.--Not later than 12 months after the date of the
enactment of this Act, and annually thereafter until a comprehensive
inventory is created and the information collected from the inventory
is exchanged between the United States and the Russian Federation, the
President shall submit to Congress a report, in both classified and
unclassified form as necessary, describing the progress that has been
made toward creating an inventory and exchanging the information.
SEC. 3632. ESTABLISHMENT OF DUMA-CONGRESS NUCLEAR THREAT REDUCTION
WORKING GROUP.
(a) Establishment of Working Group.--There is hereby established a
working group to be known as the ``Nuclear Threat Reduction Working
Group'' as an interparliamentary group of the United States and the
Russian Federation.
(b) Purpose of Working Group.--The purpose of the Working Group
established by subsection (a) shall be to explore means to enhance
cooperation between the United States and the Russian Federation with
respect to nuclear nonproliferation and security, and such other issues
related to reducing nuclear weapons dangers as the delegations from the
two legislative bodies may consider appropriate.
(c) Membership.--(1) The majority leader of the Senate, after
consultation with the minority leader of the Senate, shall appoint 10
Senators to the Working Group established by subsection (a).
(2) The Speaker of the House of Representatives, after consultation
with the minority leader of the House of Representatives, shall appoint
30 Representatives to the Working Group.
SEC. 3633. JOINT UNITED STATES/NORTH ATLANTIC TREATY ORGANIZATION
COOPERATION WITH RUSSIA ON THEATER-LEVEL BALLISTIC
MISSILE DEFENSES.
(a) Policy.--It is the policy of the United States that the
President should seek to ensure that the United States takes the lead
in arranging for the United States, in conjunction with the North
Atlantic Treaty Organization, to enter into appropriate cooperative
relationships with the Russian Federation with respect to the
development and deployment of theater-level ballistic missile defenses.
(b) Purpose of Cooperative Relationships.--It is the policy of the
United States--
(1) that the purpose of the cooperative relationships
described in subsection (a) is to increase transparency and
confidence with the Russian Federation;
(2) that United States defense and security cooperation
with the Russian Federation should contribute to defining a new
bilateral strategic framework that is not rooted in the concept
of ``mutual assured destruction''; and
(3) that that new bilateral strategic framework should be
based upon improving the security of the United States and the
Russian Federation by promoting transparency and confidence
between the two countries.
(c) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the President shall transmit to Congress a
report (in unclassified or classified form as necessary) on the
feasibility of increasing cooperation with the Russian Federation on
the subject of theater-level ballistic missile defenses and on the
purposes and objectives set forth in subsection (b). The report shall
include--
(1) recommendations from the Department of Defense and
Missile Defense Agency;
(2) a threat assessment; and
(3) an assessment of possible benefits to missile defense
programs of the United States.
SEC. 3634. ENCOURAGEMENT OF ENHANCED COLLABORATION TO ACHIEVE MORE
RELIABLE RUSSIAN EARLY WARNING SYSTEMS.
(a) Findings.--Congress finds that--
(1) the innovative United States-Russian space-based remote
sensor research and development program known as the Russian-
American Observation Satellite (RAMOS) program addresses a
variety of defense concerns while promoting enhanced
transparency and confidence between the United States and the
Russian Federation; and
(2) an initial concept of co-orbiting United States and
Russian satellites for simultaneous stereo observations is
complete and should be continued.
(b) Policy.--To the exent that the President considers prudent, it
is the policy of the United States--
(1) to encourage joint efforts by the United States and the
Russian Federation to reduce the chances of a Russian nuclear
attack anywhere in the world as the result of misinformation or
miscalculation by developing the capabilities and increasing
the reliability of Russian ballistic missile early-warning
systems, including the Russian-American Observation Satellite
(RAMOS) program; and
(2) to encourage other United States-Russian programs to
ensure that the Russia Federation has reliable information,
including real-time data, regarding launches of ballistic
missiles anywhere in the world.
(c) Interim RAMOS Funding.--To the extent that the Secretary of
Defense considers prudent, the Secretary of Defense shall ensure that,
pending the execution of a new agreement between the United States and
the Russian Federation providing for the conduct of the RAMOS program,
sufficient amounts of funds appropriated for that program are used in
order to ensure the satisfactory continuation of that program during
fiscal years 2004 and 2005.
SEC. 3635. TELLER-KURCHATOV ALLIANCE FOR PEACE.
(a) Findings.--Congress finds that--
(1) Edward Teller of the United States and Igor Kurchatov
of the former Soviet Union were architects of the nuclear
weapons programs in their respective countries;
(2) these outstanding individuals both expressed a longing
for peace and opposition to war; and
(3) as the United States and the Russian Federation work
together to redirect the nations of the world towards the
peaceful use of nuclear energy, seeking to improve the quality
of life for all human beings, it is appropriate to establish an
alliance for peace in the names of Edward Teller and Igor
Kurchatov.
(b) Teller-Kurchatov Alliance for Peace.--(1) To the extent that
the Secretary of Energy considers prudent, the Secretary shall seek to
enter into an agreement with the Minister of Atomic Energy of the
Russian Federation to carry out a cooperative venture, to be known as
the Teller-Kurchatov Alliance for Peace, to develop and promote
peaceful, safe, and environmentally sensitive uses of nuclear energy.
(2) The cooperative venture referred to in paragraph (1) shall
involve the national security laboratories of the National Nuclear
Security Administration and the laboratories of the Ministry of Atomic
Energy and the Kurchatov Institute of the Russian Federation.
(3) The cooperative venture shall be directed by two co-chairs, one
each from the United States and the Russian Federation. The co-chair
from the United States shall serve for a term of two years and shall be
designated by the Administrator for Nuclear Security from among
officials of the three national security laboratories, with each
laboratory represented on a rotating basis.
SEC. 3636. NONPROLIFERATION FELLOWSHIPS.
(a) In General.--(1) From amounts made available to carry out this
section, the Administrator for Nuclear Security may carry out a program
under which the Administrator awards, to scientists employed at the
Kurchatov Institute of the Russian Federation and Lawrence Livermore
National Laboratory, international exchange fellowships, to be known as
Teller-Kurchatov Fellowships, in the nuclear nonproliferation sciences.
(2) The purpose of the program shall be to provide opportunities
for advancement in the field of nuclear nonproliferation to scientists
who, as demonstrated by their academic or professional achievements,
show particular promise of making significant contributions in that
field.
(3) A fellowship awarded to a scientist under the program shall be
for study and training at (and, where appropriate, at an institution of
higher education in the vicinity of)--
(A) the Kurchatov Institute, in the case of a scientist
employed at Lawrence Livermore National Laboratory; and
(B) Lawrence Livermore National Laboratory, in the case of
a scientist employed at the Kurchatov Institute.
(4) The duration of a fellowship under the program may not exceed
two years. The Administrator may provide for a longer duration in an
individual case to the extent warranted by extraordinary circumstances,
as determined by the Administrator.
(5) In a calendar year, the Administrator may not award more than--
(A) one fellowship to a scientist employed at the Kurchatov
Institute; and
(B) one fellowship to a scientist employed at Lawrence
Livermore National Laboratory.
(6) A fellowship under the program shall include--
(A) travel expenses;
(B) any tuition and fees at an institution of higher
education for study or training under the fellowship; and
(C) any other expenses that the Administrator considers
appropriate, such as room and board.
(b) Funding.--Amounts available to the Department of Energy for
defense nuclear nonproliferation activities shall be available for the
fellowships authorized by subsection (a).
(c) Definitions.--In this section--
(1) the term ``institution of higher education'' means a
college, university, or other educational institution that is
empowered by an appropriate authority, as determined by the
Administrator, to award degrees higher than the baccalaureate
level;
(2) the term ``nuclear nonproliferation sciences'' means
bodies of scientific knowledge relevant to developing or
advancing the means to prevent or impede the proliferation of
nuclear weaponry; and
(3) the term ``scientist'' means an individual who has a
degree from an institution of higher education in a science
that has practical application in the field of nuclear
nonproliferation.
Subtitle D--Other Matters
SEC. 3641. PROMOTION OF DISCUSSIONS ON NUCLEAR AND RADIOLOGICAL
SECURITY AND SAFETY BETWEEN THE INTERNATIONAL ATOMIC
ENERGY AGENCY AND THE ORGANIZATION FOR ECONOMIC
COOPERATION AND DEVELOPMENT.
(a) Findings.--Congress finds that--
(1) cooperative programs to control potential threats from
any fissile and radiological materials, whatever and wherever
their sources, should be expanded to include additional states
and international organizations; and
(2) addressing issues of nuclear weapons and materials, as
well as the issue of radiological dispersal bombs, in new
forums around the world is crucial to the generation of
innovative mechanisms directed at addressing the threats.
(b) Sense of Congress Regarding Initiation of Dialogue Between the
IAEA and the OECD.--It is the sense of Congress that--
(1) the United States should seek to initiate discussions
between the International Atomic Energy Agency and the
Organization for Economic Cooperation and Development for the
purpose of exploring issues of nuclear and radiological
security and safety, including the creation of new sources of
revenue (including debt reduction) for states to provide
nuclear security; and
(2) the discussions referred to in paragraph (1) should
also provide a forum to explore possible sources of funds in
support of the G-8 Global Partnership Against the Spread of
Weapons and Materials of Mass Destruction.
(c) Report.--Not later than 12 months after the date of the
enactment of this Act, the President shall submit to Congress a report
on--
(1) the efforts made by the United States to initiate the
discussions described in subsection (b);
(2) the results of those efforts; and
(3) any plans for further discussions and the purposes of
such discussions.
Passed the House of Representatives May 22, 2003.
Attest:
JEFF TRANDAHL,
Clerk.