[Congressional Record Volume 149, Number 71 (Tuesday, May 13, 2003)]
[Senate]
[Pages S6078-S6142]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. ENZI (for himself, Mr. Dorgan, Mr. Johnson, Mr. Daschle,
Mr. Thomas, and Mr. Conrad):
S. 1044. A bill to amend the Packers and Stockyards Act, 1921, to
prohibit the use of certain anti-competitive forward contracts; to the
Committee on Agriculture, Nutrition, and Forestry.
Mr. ENZI. Mr. President, we are having a crisis in the West.
Actually, we are having a crisis anywhere that there are people who
raise livestock. The crisis comes about as a result of neither fair
trade nor free trade--in fact, the elimination of both. This bill is
designed to make a correction in that. It is a clarification. I do not
think the clarification would be necessary if enforcement were done,
but this bill will clearly set out that a part of the problem can be
solved.
Part of the crisis that particularly the small farmers and ranchers
who raise livestock have is the drought we are having in the West. We
are in the fourth year of a drought right now. That is resulting in a
lot of for sale and auction signs going up on ranches. This is partly
because they are not getting the proper price for their product. It is
a controlled market; it is not a free market.
To bring it to a level that more people would understand, imagine
trying to sell a house where the U.S. tradition might have changed so
that everybody worked through a realtor, or at least 80 percent of the
people worked through a realtor, and the realtor did not really show
the house to other people. The realtor bought the house and then put it
on the market themselves. The realtor had the capability to set the
market price because of the other houses they owned.
That is what is happening with captive supply. There are a lot of
technicalities to it. I sincerely hope my colleagues will take a look
at it and understand it a little bit. It is very difficult. It is very
detailed. It is very complicated to understand, but it is very
important to understand. It is important to understand on behalf of the
ranchers and consumers.
Now, one would think that if the price were being driven down for the
rancher, those of us buying meat at the supermarket would get it for
less. But if one tracks the price the ranchers are getting and the
price the consumers are paying when the price goes down for the
rancher, everything stays level for the consumer. So where is the money
going? It is staying in the middle somewhere. We know where it is
staying, and we know why it is staying, and it is control of the
market. We do not usually allow that in the United States, but in this
instance we allow it.
So 80 percent of the market is controlled by four packers, and they
set the price. They set it in a way that the rancher has no control
over it whatsoever. So the ones suffering this drought and suffering
all the risk are the ones receiving the least money from the entire
process. We do not believe in that in America. My bill is designed to
change that.
Packers who practice price discrimination toward some producers and
provide undue preferences to other producers are clearly in violation
of the current law, but this law is not being enforced. What we are
left with is unenforced laws or no laws at all to protect the
independent producer. Since the Packers and Stockyards Act is not being
enforced, and the cost to enforcing the law on a case-by-case basis in
the courts is expensive and time consuming, today I propose the Senate
take action.
Most laws require enforcement. They are like speed limits on a
country road. No one pays attention to the sign unless the driver is
sharing the road with an agent of the law who will enforce it--like a
police car. This section of the Packers and Stockyards Act is like a
sign on the road of commerce that no one is paying any attention to
because the police are too busy doing something else.
The bill I am introducing today is not just another sign on the road,
it is a speed bump. It does not just warn cars to go slower, it makes
it more difficult for them to speed. Does it solve the whole problem?
No, but it is one speed bump on the way to solving the problem.
My bill does two things to create the speed bump. It requires that
livestock producers have a fixed base price in their contracts. It also
puts these contracts up for bid in the open market where they belong.
Under this bill, forward contracts and marketing agreements must
contain a fixed base price on the day the contract is signed. Now, in
other businesses, that sounds like how we already operate. But it is
not the way the packer operates. Producers are only given a contract
that says they will get a certain dollar above the average at the time
of the slaughter. And then if the person who controls the market drives
the price down, the average can be well below what they ever
anticipated it would be.
Under this bill, forward contracts and marketing agreements must
contain a fixed base price on the day the contract is signed. This
prevents packers from manipulating the base price after the point of
sale. You may hear allegations that this bill ends quality-driven
production, but it does not prevent adjustments to the base price after
slaughter for quality grade or other factors outside packer control. It
prevents packers from changing the base price based on the factors they
do control.
Contracts that are based on the futures market are also exempted from
the bill's requirements. In an open market, buyers and sellers would
have the opportunity to bid against each other for contracts and could
witness bids that are made and accepted. That would be pretty unique if
they knew what the prices were on the products, particularly when it is
captive supply. Whether they take the opportunity to bid or not is
their choice. The key is they have the access to do so.
I have worked on a number of bills and we have had success getting
them through the Senate, and then the lobbying effort in conference
knocks them out. That has sincerely convinced me there is a controlled
market. Every attempt we make to provide a little speed bump is taken
out and it is usually in conference. It usually passes the House,
passes the Senate--not in identical form--but it has trouble in the
conference committee. That is because there are a lot more lobbyists
for the packers than there are for the small ranchers and livestock
producers.
My bill also limits the size of the contracts to the rough equivalent
of a load of livestock, meaning 40 cattle or
[[Page S6079]]
30 swine. It does not limit the number of contracts that will be
offered by any individual. This key portion prevents small- and medium-
sized livestock producers like those found in Wyoming from being shut
out of deals containing thousands of livestock per contract. The more
animals you have in the contract, the less likely it is that people can
freely participate in the bidding process. It eliminates people.
We are sticking a small number of animals in each contract, but lots
of contracts will help us to arrive at a more fair price for the
livestock. Requiring a firm base price and an open and transparent
market ends the potential for price discrimination, price manipulation,
and undue preferences, the things mentioned in that 1921 act.
These are not the only benefits in my bill. It also preserves the
very useful risk management tool that contracts provide to livestock
producers. Contracts help producers plan and prepare for the future. My
bill makes contracts and marketing agreements an even better risk
management tool because it solidifies the base price for the producer.
He is not guessing what he will sell it for; he has an exact price.
Once the agreement is made, a producer can have confidence on shipping
day in his ability to feed his family during the next year because he
will know in advance how much he can expect to receive for his
livestock.
This bill also encourages electronic trading. An open and public
market would function much like the stock market where insider trading
is prohibited. The stock market provides a solid example of how
electronic livestock trading can work to the benefit of everyone
involved. For example, price discovery in an open and electronic market
is automatic. We tried a number of things to get price discovery so
that the producers out there would have an idea what the true market
is, whether it is being bought from other producers or being bought out
of the captive supply. Every attempt we have made has been thwarted.
They have found ways to put little loopholes in regulations so they do
not have to report prices. That is not fair. It does not provide an
open market.
Captive supply is still weighing on the minds and hurting the
pocketbooks of ranchers in Wyoming and across the United States.
Wyoming ranchers encourage me to keep up the good fight on this issue
on every trip I make to my home State. I wish I had time to share some
of the heartrending stories of the way they have been taken to the
cleaners on these unique contracts they are forced to sign if they want
to be able to sell their product.
The economic soul of Wyoming is built on the foundation of small
towns and small businesses. All livestock producers, even small and
medium ones, should have a fair chance to compete in an honest game
that allows them to get the best price possible for their product. We
must do everything we can to keep our small producers in business and
protect the consumers. If there was a fluctuation out here on the other
end where the consumer is, we might not have quite the same concern,
but the consumer is not getting the benefit of this fixed market. So we
need to change the fixed market.
We need to change captive supply. My bill removes one of the largest
obstructions preventing livestock producers from competing, and that is
formula price contracts. I ask my colleagues to assist me in giving
their constituents and mine the chance to perform on a level playing
field. It will help the economy of the entire United States. I ask for
your help on this bill. We will be circulating some letters and further
explanations so that we can have cosponsors; and pass the bill
unanimously, I hope. I know that is a little difficult to obtain around
here, but this is a very important issue and every State has livestock
producers. It is time we took care of the livestock producers in a way
that did not cost us a lot through enforcement.
I would love to see improved enforcement. I know there are other
priority issues on enforcement, particularly since September 11, so I
have tried to bring a little speed bump to provide accurate pricing. I
ask for your help on the bill.
To reiterate:
Whenever there is a crisis the media has always served to focus the
Nation's attention on the problem and who has been affected by it. Then
it has been up to us, in the Congress, to review the problem and
determine whether or not there was anything we could do to ease the
suffering and repair the damage to someone's property and their
livelihood.
Most of the time, when the media spots a crisis it is of such a
magnitude that the pictures we see of the suffering are devastating and
powerful. The images clearly cry out to us to take action and do what
we can to restore, as much as possible, the lives of these people to
normalcy.
We have all seen in these past few days the pictures of the
devastating tornadoes that have wreaked havoc wherever they have
touched down. Story after story has appeared in print and on television
showing property destroyed, places of business torn in pieces, jobs in
jeopardy and lives forever changed by the fury of a few moments of
severe weather. Tornadoes do not last a long time, but they leave a
path of devastation in their wake that leaves those affected by it
forever changed.
Our thoughts and prayers go out to all of those who have been so
affected and our hopes that they will be able to put their lives back
together and go on as difficult as that will be to do.
As we view the devastation of those tornadoes, there are those in my
State who have seen their livelihoods drastically affected by weather
and unfair market policy, but they have not been so visible to us
because we have not seen their faces on the nightly news or read their
stories in the national newspapers. That is because not everyone who
has seen their livelihood so drastically affected can be portrayed with
quite the same kind of powerful images that depict those who have been
touched by the ravages of severe weather patterns. Some problems that
destroy livelihoods and weaken industries are far more subtle and more
difficult to track.
Instead of being destroyed by a single blow, the industry I am
referring to is being slowly put to death by the cruelest of methods--
thousands of small cuts brought on by the lethal combination of several
years of drought, ambiguous regulations that are too easily taken
advantage of and the lax enforcement of existing law which has allowed
for the manipulation of the system to one group's advantage.
Our Nation's ranching industry is in trouble, and, due to the slower
pace with which it has been affected, the only stark images we will see
of the intensity of the problem are the ``for sale'' or ``up for
auction'' signs that acknowledge the closing of a family owned ranch
and the end of a family's dream that lasted for generations as the land
and the business was handed down for many, many years.
Right now, as I speak, if you are a rancher in the West, you have two
major problems affecting your ability to earn a living and provide for
your family. The first is the continuing drought which has made it so
difficult for ranchers to tend their cattle and provide them with good,
affordable grazing.
The second is a regulatory nightmare that has held livestock
producers captive by the chains of unfair and manipulative contracts.
It is this regulatory nightmare that must be addressed, and which
brings me to the floor today as I offer legislation to break the chains
and require livestock contracts to contain a fixed base price and be
traded in open, public markets.
So, what is this regulation that is destroying the health of our
family ranchers? It's a practice called ``captive supply,'' a business
practice not well known to those outside of the industry, but a
practice that has had a tremendous impact on the ranchers of the West.
If you have not heard about the problem, I must point out that our
ranchers have tried to bring it to our attention, but we have not fully
focused on their needs. Whenever I travel to Wyoming, or hold a town
meeting, or go over the week's mail that I receive from my
constituents, I hear the cries for help from our ranchers in Wyoming,
and throughout the West. One by one, and without exception, they are
all clamoring for attention and relief so they can continue the work
that so many in their family have done for so many years.
I could bring a stack of letters that come from people all across my
State
[[Page S6080]]
about the problems they face. But, in the interest of time, I will read
a small excerpt from one that will give you an idea of how bad things
are in the ranching industry as our ranchers try to deal with captive
supply.
A letter I received from a rancher in Lingle said that the issue of
captive supply needed to be reviewed and addressed because it was
``slowly but surely putting small farmers/feeders out of business.'' He
then added:
Until the existing laws are enforced in this area of
illegal activities, all other plans or laws will be of very
little consequence.
So what is captive supply and how is it harming our Nation's ranchers
to such an extent? Simply put, captive supply refers to the ownership
by meat packers of cattle or the contracts they issue to purchase
livestock. It is done to ensure that packers will always have a
consistent supply of livestock for their slaughterlines.
The original goal of captive supply makes good business sense. All
businesses want to maintain a steady supply of animals to ensure a
constant stream of production and control costs.
But captive supply allows packers to go beyond good organization and
business performance--to market manipulation--and this is where the
problem lies.
The packing industry is highly concentrated. Four companies control
more than half of all U.S. hog slaughter and more than 80 percent of
U.S. fed cattle slaughter. Using captive supply and the market power of
concentration, packers can purposefully drive down the prices by
refusing to buy in the open market. This deflates all livestock prices
and limits the market access of producers that have not aligned with
specific packers.
We made an attempt to address the problem of captive supply on the
Senate floor, but the amendment to ban packer ownership of livestock
more than 14 days before slaughter did not survive the conference
committee on the farm bill. However, the problems caused by captive
supplies are alive and well, just as Wyoming producers have testified
to me in the phone calls, letters, faxes and emails I receive from
them. Although I supported the packer ban and still do, I do not think
that banning packer ownership of livestock will solve the entire
captive supply problem. Packers are using numerous methods beyond
direct ownership to control cattle and other livestock.
Currently, packers maintain captive supply through various means
including direct ownership, forward contracts, and marketing
agreements. The difference between the three is subtle, so let me take
a moment to describe how they differ. Direct ownership refers to
livestock owned by the packer. In forward contracts, producers agree to
the delivery of cattle one week or more before slaughter with the price
determined before slaughter. Forward contracts are typically fixed,
meaning the base price is set.
As with forward contracts, marketing agreements also call for the
delivery of livestock more than one week before slaughter, but the
price is determined at or after slaughter. A formula pricing method is
commonly used for cattle sold under marketing agreements. In formula
pricing, instead of a fixed base price, an external reference price,
such as the average price paid for cattle at a certain packing plant
during one week, is used to determine the base price of the cattle. I
find this very disturbing because the packer has the ability to
manipulate the weekly average at a packing plant by refusing to buy in
the open market. Unfortunately, marketing agreements and formula
pricing are much more common than forward contracts.
In fact, the data published by USDA's Agricultural Marketing Service
indicates that in the first week of May 2003, 39,149 of the cattle
slaughtered were sold through a forward contract. By comparison,
207,955 of the cattle slaughtered were marketed through formula pricing
marketing agreements. Packers were using five times as many formula
pricing marketing agreements as forward contracts to purchase their
slaughter cattle. As we can see, packers use more marketing agreements
because of the advantages those ambiguous contracts give them over
producers.
In the same week, 36,899 of the cattle slaughtered were directly
owned by packers. These numbers demonstrate that the problem of captive
supply is far more extensive than just packer ownership. In the first
week of May, packer owned cattle only comprised 13 percent of captive
cattle slaughtered. This is why we must act to solve the entire captive
supply problem.
I realize it may be difficult to grasp the seriousness of the
situation if you are not familiar with the cattle market. Most of us
have not signed a contract to sell a load of livestock, but many of us
have sold a house. To illustrate the seriousness of the problem, let's
explore how you would sell a house using a formula-priced contract in a
market structured like the current livestock market.
It is May, and you know you will be selling your home in September.
As a wise seller, you want to find a buyer for your home before that
time. It turns out that other people do not really buy homes from each
other anymore. In fact, four main companies have taken over 80 percent
of all real estate transactions. You really have no choice but to deal
with one of these companies.
One of them offers you a contract, stating you will receive $10,000
over the average price of what other, similar homes are selling for in
your area in September. To manage your risk and ensure a buyer, you
have just been practically forced to sign a contract that doesn't
specify how much you will receive for your house.
That tingle of fear in the pit of your stomach becomes full-fledged
panic when you close the deal in September. You see, the four real
estate companies have been planning ahead. They decide to pull away
from the market. All the homes selling in September that are not
contracted to the companies flood the market and the price for homes in
your area drops $12,000. By trying to manage your risk, you sold your
home for $2,000 below average.
As a homeowner, you would be outraged, wouldn't you? You would want
to know why anyone had the ability to legally take advantage of you.
Livestock producers have the same questions when they lose to the
market pressures applied by captive supply. Captive supply gives
packers the ability to discriminate against some producers. And those
producers pay for it with their bottom line. At the same time, packers
use contracts and marketing agreements to give privileged access and
premiums to other producers regardless of the quality of their product.
These uses of captive supply should be illegal. In fact, they are.
Section 202 of the Packers and Stockyards Act states in (3) (a) and
(b):
It shall be unlawful for any packer with respect to
livestock . . . to:
(a) Engage in or use any unfair, unjustly discriminatory,
or deceptive practice or device; or
(b) Make or give any undue or unreasonable preference or
advantage to any particular person or locality in any
respect, or subject any particular person or locality to any
undue or unreasonable prejudice or disadvantage in any
respect.
Packers who practice price discrimination toward some producers and
provide undue preferences to other producers are clearly in violation
of the law. But this law is not being enforced. So what we are left
with are unenforced laws or no laws at all to protect the independent
producer. Since the Packers and Stockyards Act is not being enforced
and the cost of enforcing the law on a case-by-case basis in the courts
is expensive and time-consuming, today I propose that the Senate take
action.
Most laws require enforcement. They are like speed limits on a
country road. No one pays the sign any attention unless the driver is
sharing the road with an agent of the law who will enforce it--like a
police car. This section of the Packers and Stockyards Act is like a
sign on the road of commerce that no one is paying attention to because
the police are busy doing something else. The bill I am introducing
today is not just another sign on the road. It is a speed bump. It does
not just warn cars to go slower, it makes it much more difficult for
them to speed.
My bill does two things to create the speed bump. It requires that
livestock producers have a fixed base price in their contracts. It also
puts these contracts up for bid in the open market where they belong.
Under this bill, forward contracts and marketing agreements must
contain a fixed, base price on the day the contract is signed. This
prevents packers from manipulating the base price
[[Page S6081]]
after the point of sale. You may hear allegations that this bill ends
quality-driven production, but it does not prevent adjustments to the
base price after slaughter for quality, grade or other factors outside
packer control. It prevents packers from changing the base price based
on factors that they do control. Contracts that are based on the
futures market are also exempted from the bill's requirements.
In an open market, buyers and sellers would have the opportunity to
bid against each other for contracts and could witness bids that are
made and accepted. Whether they take the opportunity to bid or not is
their choice, the key here is that they have access to do so.
My bill also limits the size of contracts to the rough equivalent of
a load of livestock, meaning 40 cattle or 30 swine. It does not limit
the number of contracts that can be offered by an individual. This key
portion prevents small and medium-sized livestock producers, like those
found in Wyoming, from being shut out of deals that contain thousands
of livestock per contract.
Requiring a firm base price and an open and transparent market ends
the potential for price discrimination, price manipulation and undue
preferences. These are not the only benefits of my bill. It also
preserves the very useful risk management tool that contracts provide
to livestock producers. Contracts help producers plan and prepare for
the future. My bill makes contracts and marketing agreements an even
better risk management tool because it solidifies the base price for
the producer. Once the agreement is made, a producer can have
confidence on shipping day in his ability to feed his family during the
next year because he will know in advance how much he can expect to
receive for his livestock.
This bill also encourages electronic trading. An open and public
market would function much like the stock market, where insider trading
is prohibited. The stock market provides a solid example of how
electronic livestock trading can work to the benefit of everyone
involved. For example, price discovery in an open and electronic market
is automatic.
Captive supply is still weighing on the minds and hurting the
pocketbooks of ranchers in Wyoming and across the United States.
Wyoming ranchers encourage me to keep up the good fight on this issue
on every trip I make to my home State. The economic soul of Wyoming is
built on the foundation of small towns and small businesses. All
livestock producers, even small and medium-sized ones, should have a
fair chance to compete in an honest game that allows them to get the
best price possible for their product. We must do everything we can to
keep our small producers in business.
My bill removes one of the largest obstructions preventing livestock
producers from competing--formula-priced contracts. I ask my colleagues
to assist me in giving their constituents and mine the chance to
perform on a level playing field.
I yield the floor.
______
By Mr. AKAKA (for himself and Mr. Bingaman):
S. 1045. A bill to strengthen United States capabilities to safely
and securely dispose of all greater-than-Class C low-level radioactive
waste; to the Committee on Energy and Natural Resources.
Mr. AKAKA. Mr. President, I rise to introduce the Low-Level
Radioactive Waste Act of 2003. I am pleased that the Ranking Member of
the Energy and Natural Resources Committee, Senator Bingaman, is a
cosponsor of this important legislation. Our bill will address the
efforts made by the Department of Energy, DOE, to recover and dispose
of thousands of domestic Greater-than-Class-C, GTCC, radiological
sources. These have the highest radiation levels and, in general, pose
the greatest concern in terms of being used in a so-called ``dirty
bomb.''
Since September 11, we have faced the possibility that a terrorist
could use a dirty bomb in an attack in the United States. A dirty bomb
combines conventional explosives with highly radioactive materials.
When exploded, it would disperse the radioactive materials, reducing
the impact from radiation. But, if set off in the downtown of a major
city, it could still contaminate a wide area with radiation, cause
death and destruction due to the explosion, and panic and substantial
economic damage could result. It is not surprising that the Department
of Homeland Security has chosen as one of its training scenarios a
simulated ``dirty bomb'' attack on an American city.
Secretary of Energy Spencer Abraham told an International Atomic
Energy Agency conference in March, ``Radioactive sources can be found
all over the world, and terrorist are seeking to acquire them.'' CIA
Director George Tenet told Congress in February that he was concerned
about Al Qaeda's attempts to build a dirty bomb. He said,
``construction of such a device is well within Al Qaeda capabilities--
if it can obtain the radiological material.''
Radiological sources are used widely in industry, agriculture,
medicine, and research. Appropriately, Secretary Abraham has made it
priority for the Department of Energy to help other countries secure
their radiological sources. But as the United States works
internationally to secure dangerous radiological sources, we also must
be sure our own house is in order.
As chairman of the International Security Subcommittee of the Senate
Government Affairs Committee, I held hearings in the fall of 2001 that
covered the threat posed by dirty bombs. I also requested that GAO
examine U.S. efforts to secure radioactive sources within the United
States.
GAO recently finished their inquiry, and I am sorry to report that
GAO found our house is not in order. Many of you may have seen the
report on NBC Nightly News last night that featured GAO's
investigation.
GAO's report shows that not only the former Soviet Union, but also
the United States does not keep track of or account for its radioactive
sources in a reliable manner. There is not a precise count of GTCC
sources in the United States. Some quarter to half a million are
estimated to exist. Some 24,000 new GTCC sources are being produced
each year.
A central issue is what is being done with unwanted radioactive
devices. We don't have an accurate account of unwanted devices in this
country, and the program for recovering and securing them is proceeding
too slowly.
In 1985, Congress authorized DOE to provide a facility for disposing
of GTCC waste, including GTCC sealed radiological sources that were no
longer wanted by their owners. GAO found that after 18 years, DOE still
has not developed a facility for storing GTCC wastes.
DOE assumes a facility for receiving GTCC sealed sources will be
available by FY 2007. But DOE has not taken serious steps to insure
this facility will be built.
Instead, DOES has an interim program for collecting and holding
unwanted radiological sources. In 1999, DOE created an Off-site Source
Recovery Project, or OSR, in the Office of Environmental Management for
these purposes.
The OSR Project has recovered about 5,3000 sealed sources. Another
4,400 sources, held by 328 different owners across the United States,
are known to be in need of recovery. DOE estimates a further 4,600
sources will need to be recovered by 2010, when the OSR Project is
scheduled to end because the permanent storage facility should be
operating.
Thousands more sources, however, will need to be recovered outside
the OSR project once a depository opens.
Every State in the Union has radioactive sources that need to be
recovered, according to the GAO report. States with more than a 100
sources to be recovered include Arizona, California, Illinois,
Maryland, New York, and Texas. Another 25 States have between 10 and
100 sources to be recovered.
The GAO report notes that many of these are small sources with small
amounts of radiation but hundreds are larger sources with large amounts
of radioactivity.
Alarmingly, the question of dirty bombs aside, there are almost two
nuclear bombs worth of unwanted plutonium-239 sources that DOE cannot
recover because they lack storage space. GAO reports that universities
that have this material want to give it up, but cannot, because the DOE
does not have the space to store them.
We are concerned that the program to recover, secure, and store GTCC
radiological sources is not receiving the
[[Page S6082]]
priority it deserves. The disposal of thousands of radiological sources
must be addressed. But DOE will not be prepared to dispose of these
sources permanently in the next seven years because DOE has not
identified the type of facility or provided a cost estimate and time-
line for its construction.
This bill will address these concerns. To insure the permanent
disposal program gets the attention it needs within DOE, our
legislation requires DOE to designate a responsibility entity within
DOE to develop a facility for disposal of GTCC wastes.
It also requires the DOE to report to Congress on the current
situation and future plans for the disposal of GTCC radioactive waste.
After the completion of this report, the DOE must submit to Congress a
report on the cost and schedule to complete an environment impact
statement and record of decision on a permanent disposal facility for
GTCC radioactive wastes. Finally, before the year is out, DOE must
deliver to Congress a plan to provide for the short-term recovery of
the GTCC radioactive waste until a permanent facility is available.
I am also concerned that the short-term Offsite Source Recovery
Project may lack the funding required to ensure that all designated
radiological sources are safety and securely recovered in a timely
manner. The program apparently will be funded adequately through the
end of FY04. The FY02 emergency supplemental budget provided ten
millions dollars, and the President requested about two millions
dollars in his FY04 budget proposal. But I caution Congress to keep an
eye on this program to guarantee sufficient funds are requested in the
FY05 budget when it is submitted to Congress next year.
Thousands of sealed sources await disposal, some requiring security
measures greater than those in place at current storage sites. The
problem posed by these sources will not go away by itself. Universities
and industry do not have the means or facilities to secure these
materials and are asking the federal government for help.
When the United States began non-proliferation efforts in the former
Soviet Union, one of the first jobs was to begin consolidating nuclear
weapons and fissile materials in secure facilities to await disposal or
destruction. As Secretary Abraham has said, due to worries about
terrorists acquiring dirty bombs, the DOE now is working to secure
radiological sources overseas.
I support these efforts. The bill Senator Bingaman and I have
introduced will give radiological sources and waste on American soil
the same consideration. Collecting and securing these sources was once
a matter of public safety. It is now a national security concern that
deserves the attention of Congress.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1045
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 ``Low-Level Radioactive Waste
Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) section 3(b)(1)(D) of the Low-Level Radioactive Waste
Policy Act (42 U.S.C. 2021c(b)(1)(D)) requires the Secretary
of Energy to safely dispose of all greater-than-Class C low-
level radioactive waste (as defined in section 61.55 of title
10, Code of Federal Regulations);
(2) the Offsite Source Recovery Program, established by the
Department of Energy to recover and store sources of such
waste, is scheduled to cease operation by September 30, 2010;
(3) the Department of Energy estimates that about 14,000
sealed sources of such waste will become unwanted and will
have to be disposed of through the Offsite Source Recovery
Program by that date;
(4)(A) in February 1987 the Secretary of Energy submitted
to Congress a comprehensive report making recommendations for
ensuring the safe disposal of all greater-than-Class C low-
level radioactive waste; and
(B) 16 years later, it is likely that the information
contained in the report is no longer current and does not
reflect the new security threat environment;
(5) the Department of Energy--
(A) does not have the resources or storage facility to
recover and store all unwanted sources of greater-than-Class
C low-level radioactive waste; and
(B) has not identified a permanent disposal facility;
(6) it is unlikely that a permanent disposal facility will
be operational by the time that the Offsite Source Recovery
Program ceases operation;
(7) the initial steps in developing a disposal facility
(including preparation of an environmental impact statement
and issuance of a record of decision) could take several
years and will require dedicated funding to complete; and
(8) before a final decision on the disposal alternative to
be implemented is made, Congress must have an opportunity to
review the alternatives under consideration and provide
input.
SEC. 3. DEPARTMENT OF ENERGY RESPONSIBILITIES
(a) Designation of Responsibility.--The Secretary of Energy
shall designate an entity within the Department of Energy to
have the responsibility of completing activities needed to
develop a facility for safely disposing of all greater-than-
Class C low-level radioactive waste.
(b) Consultation With Congress.--In developing a plan for a
permanent disposal facility for greater-than-Class C low-
level radioactive waste (including preparation of an
environmental impact statement and issuance of a record of
decision), the Secretary of Energy shall consult with
Congress.
SEC. 4. REPORTS.
(a) Update of 1987 Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy shall submit
to Congress an update of the report referred to in section
2(4).
(2) Contents.--The update shall contain--
(A) an identification of the radioactive waste that is to
be disposed of (including the source of the waste and the
volume, concentration, and other relevant characteristics of
the waste);
(B) an identification of the Federal and non-Federal
options for disposal of the waste;
(C) a description of the actions proposed to ensure the
safe disposal of the waste;
(D) an estimate of the costs of the proposed actions;
(E) an identification of the options for ensuring that the
beneficiaries of the activities resulting in the generation
of the radioactive waste bear all reasonable costs of
disposing of the waste;
(F) an identification of any statutory authority required
for disposal of the waste; and
(G) in coordination with the Environmental Protection
Agency and the Nuclear Regulatory Commission, an
identification of any regulatory guidance needed for the
disposal of the waste.
(b) Report on Permanent Disposal Facility.--
(1) Report on cost and schedule for completion of eis and
rod.--Not later than 180 days after the date of submission of
the update under subsection (a), the Secretary of Energy
shall submit to Congress a report containing an estimate of
the cost and schedule to complete an environmental impact
statement and record of decision for a permanent disposal
facility for greater-than-Class C radioactive waste.
(2) Report on alternatives.--Before the Secretary of Energy
makes a final decision on the disposal alternative to be
implemented, the Secretary of Energy shall--
(A) submit to Congress a report that describes all
alternatives under consideration; and
(B) await action by Congress.
(c) Report on Short-Term Plan.--
(1) In general.--Not later than December 31, 2003, the
Secretary of Energy shall submit to Congress a plan to ensure
the continued recovery and storage of greater-than-Class C
low-level radioactive waste until a permanent disposal
facility is available.
(2) Contents.--The plan shall contain estimated cost,
resource, and facility needs.
______
By Mr. STEVENS (for himself, Mr. Hollings, Mr. Burns, Mr. Lott,
Mr. Dorgan, and Mr. Wyden):
S. 1046. A bill to amend the Communications Act of 1934 to preserve
localism, to foster and promote the diversity of television
programming, to foster and promote competition, and to prevent
excessive concentration of ownership of the nation's television
broadcast stations; to the Committee on Commerce, Science, and
Transportation.
Mr. STEVENS. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1046
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 ``Preservation of Localism,
Program Diversity, and Competition in Television Broadcast
Service Act of 2003''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
[[Page S6083]]
(1) The principle of localism is embedded in the
Communications Act in section 307(b) of the Communications
Act of 1934 (47 U.S.C. 307(b)). It has been the pole star for
regulation of the broadcast industry by the Federal
Communications Commission for nearly 70 years.
(2) In the Telecommunications Act of 1996, Congress
directed the Federal Communications Commission to increase
the limitations on national multiple television ownership so
that one party could not own or control television stations
whose aggregate national audience reach exceeded 35 percent.
Congress did so because it recognized that--
(A) further national concentration could not be undone;
(B) other regulatory changes, such as the repeal by the
Commission of its financial and syndication regulations,
would heighten the power of the national television networks;
and
(C) the independence of non-network-owned stations would be
threatened if network ownership exceeded 35 percent.
(3) If a limit to the national audience reach of television
stations that one party may own or control is not codified at
this time--
(A) further national concentration may occur whose
pernicious effects may be difficult to eradicate; and
(B) the independence of non-network-owned stations will be
threatened, placing local stations in danger of becoming mere
passive conduits for network transmissions.
(4) A cap on national multiple television ownership will
help preserve localism by limiting the networks ability to
dictate programming aired on local stations.
(5) The landscape of national ownership has changed
dramatically over the past two decades since the time when
the networks were limited to owning just seven television
stations nationwide:
(A) the Commissions financial and syndication regulations
have been repealed;
(B) the networks can own more than one television station
in many local markets;
(C) the networks have embraced programming ventures from
studios to syndication to foreign sales; and
(D) the networks own the most popular cable and Internet
content businesses.
Together these changes have strengthened the networks hands
and given them strong incentives to override local interests.
(6) Unlike non-network-owned stations which are only
concerned with local viewers, network-owned stations have
multiple interests they must consider: national advertising
interests, syndicated programming interests, foreign sales
interests, cable programming interests, and, lastly, local
station interests.
(7) The possibility of further nationalization threatens
the current give-and-take between non-network-owned
affiliates and networks which can result in programming being
edited, scheduled, or promoted in ways that are more
appropriate for local audiences.
(8) As network power has grown in recent years, the
networks have forced affiliation agreements to tilt the
balance of power even more in their favor. Contract
provisions encroach on the ability of non-network-owned
affiliates to reject programming that local stations
determine not to be in the best interests of their local
communities, and local stations are penalized for
unauthorized preemptions (as determined by the network) and
for exceeding preemption baskets.
(9) This Act will help to preserve localism in and to
prevent the further nationalization of the television
broadcast service.
(b) Purposes.--The purposes of this Act are--
(1) to promote the values of localism in the television
broadcast service;
(2) to promote diversity of television programming and
viewpoints;
(3) to promote competition; and
(4) to prevent excessive concentration of ownership by
establishing a limit to the national audience reach of the
television stations that any one party may own or control.
SEC. 3. NATIONAL TELEVISION MULTIPLE OWNERSHIP LIMITATIONS.
(a) Establishment of National Television Multiple Ownership
Limitations.--Part I of Title III of the Communications Act
of 1934 is amended by inserting after section 339 (47 U.S.C.
339) the following new section:
``SEC. 340. NATIONAL TELEVISION MULTIPLE OWNERSHIP
LIMITATIONS.
``(a) National Audience Reach Limitation.--The Commission
shall not permit any license for a commercial television
broadcast station to be granted, transferred, or assigned to
any party (including all parties under common control) if the
grant, transfer, or assignment of such license would result
in such party or any of its stockholders, partners, or
members, officers, or directors, directly or indirectly,
owning, operating or controlling, or having a cognizable
interest in television stations which have an aggregate
national audience reach exceeding 35 percent.
``(b) No Grandfathering.--The Commission shall require any
party (including all parties under common control) that holds
licenses for commercial television broadcast stations in
excess of the limitation contained in subsection (a) to
divest itself of such licenses as may be necessary to come
into compliance with such limitation within one year after
the date of enactment of this section.
``(c) Section Not Subject to Forbearance.--Section 10 of
this Act shall not apply to the requirements of this section.
``(d) Definitions.--
``(1) National audience reach.--The term `national audience
reach' means--
``(A) the total number of television households in the
Nielsen Designated Market Area (DMA) markets in which the
relevant stations are located, or as determined under a
successor measure adopted by the Commission to delineate
television markets for purposes of this section; divided by
``(B) the total national television households as measured
by such DMA data (or such successor measure) at the time of a
grant, transfer, or assignment of a license.
No market shall be counted more than once in making this
calculation.
``(2) Cognizable interest.--Except as may otherwise be
provided by regulation by the Commission, the term
`cognizable interest' means any partnership or direct
ownership interest and any voting stock interest amounting to
5 percent or more of the outstanding voting stock of a
licensee.''.
(b) Conforming Amendment.--Section 202(c)(1) of the
Telecommunications Act of 1934 (P.L. 104-104; 110 Stat. 111)
is amended--
(1) by striking ``its regulations'' and all that follows
through ``by eliminating'' and inserting ``its regulations
(47 CFR 73.3555) by eliminating'';
(2) by striking ``; and'' at the end of subparagraph (A)
and inserting a period; and
(3) by striking subparagraph (B).
______
By Mr. WARNER
S. 1050. An original bill 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; from the Committee on Armed Services;
placed on the calendar.
Mr. WARNER. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1050
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2004''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical agents and munitions destruction, Defense.
Sec. 107. Defense health programs.
Subtitle B--Army Programs
(reserved)
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for Navy programs.
Sec. 122. Pilot program for flexible funding of naval vessel
conversions and overhauls.
Subtitle D--Air Force Programs
Sec. 131. Elimination of quantity limitations on multiyear procurement
authority for C-130J aircraft.
Subtitle E--Other Matters
(reserved)
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for science and technology.
Sec. 203. Defense Inspector General.
Sec. 204. Defense health programs.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Prohibition on transfer of certain programs outside the
Office of the Secretary of Defense.
Sec. 212. Objective force indirect fires program.
Subtitle C--Ballistic Missile Defense
Sec. 221. Fielding of ballistic missile defense capabilities.
[[Page S6084]]
Sec. 222. Repeal of requirement for certain program elements for
Missile Defense Agency activities.
Sec. 223. Oversight of procurement of ballistic missile defense system
elements.
Sec. 224. Renewal of authority to assist local communities impacted by
ballistic missile defense system test bed.
Subtitle D--Other Matters
Sec. 231. Global Research Watch program in the Office of the Director
of Defense Research and Engineering.
Sec. 232. Defense Advanced Research Projects Agency biennial strategic
plan.
Sec. 233. Enhancement of authority of Secretary of Defense to support
science, mathematics, engineering, and technology
education.
Sec. 234. Department of Defense high-speed network-centric and
bandwidth expansion program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Armed Forces Emergency Services.
Sec. 312. Commercial imagery industrial base.
Subtitle C--Environmental Provisions
Sec. 321. General definitions applicable to facilities and operations.
Sec. 322. Military readiness and conservation of protected species.
Sec. 323. Arctic and Western Pacific Environmental Technology
Cooperation Program.
Sec. 324. Participation in wetland mitigation banks in connection with
military construction projects.
Sec. 325. Extension of authority to use environmental restoration
account funds for relocation of a contaminated facility.
Sec. 326. Applicability of certain procedural and administrative
requirements to restoration advisory boards.
Sec. 327. Expansion of authorities on use of vessels stricken from the
Naval Vessel Register for experimental purposes.
Sec. 328. Transfer of vessels stricken from the Naval Vessel Register
for use as artificial reefs.
Sec. 329. Salvage facilities.
Sec. 330. Task force on resolution of conflict between military
training and endangered species protection at Barry M.
Goldwater Range, Arizona.
Sec. 331. Public health assessment of exposure to perchlorate.
Subtitle D--Reimbursement Authorities
Sec. 341. Reimbursement of reserve component military personnel
accounts for personnel costs of special operations
reserve component personnel engaged in landmines
clearance.
Sec. 342. Reimbursement of reserve component accounts for costs of
intelligence activities support provided by reserve
component personnel.
Sec. 343. Reimbursement rate for airlift services provided to the
Department of State.
Subtitle E--Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 352. Impact aid for children with severe disabilities.
Subtitle F--Other Matters
Sec. 361. Sale of Defense Information Systems Agency services to
contractors performing the Navy-Marine Corps Intranet
contract.
Sec. 362. Use of the Defense Modernization Account for life cycle cost
reduction initiatives.
Sec. 363. Exemption of certain firefighting service contracts from
prohibition on contracts for performance of firefighting
functions.
Sec. 364. Technical amendment relating to termination of Sacramento
Army Depot, Sacramento, California.
Sec. 365. Exception to competition requirement for workloads previously
performed by depot-level activities.
Sec. 366. Support for transfers of decommissioned vessels and shipboard
equipment.
Sec. 367. Aircraft for performance of aerial refueling mission.
Sec. 368. Stability of certain existing military troop dining
facilities contracts.
Sec. 369. Repeal of calendar year limitations on use of commissary
stores by certain Reserves and others.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Increased maximum percentage of general and flag officers on
active duty authorized to be serving in grades above
brigadier general and rear admiral (lower half).
Sec. 403. Extension of certain authorities relating to management of
numbers of general and flag officers in certain grades.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2004 limitations on non-dual status technicians.
Subtitle C--Other Matters Relating to Personnel Strengths
Sec. 421. Revision of personnel strength authorization and accounting
process.
Sec. 422. Exclusion of recalled retired members from certain strength
limitations during period of war or national emergency.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Retention of health professions officers to fulfill active
duty service obligations following failure of selection
for promotion.
Sec. 502. Eligibility for appointment as Chief of Army Veterinary
Corps.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Expanded authority for use of Ready Reserve in response to
terrorism.
Sec. 512. Streamlined process for continuing officers on the reserve
active-status list.
Sec. 513. National Guard officers on active duty in command of National
Guard units.
Subtitle C--Revision of Retirement Authorities
Sec. 521. Permanent authority to reduce three-year time-in-grade
requirement for retirement in grade for officers in
grades above major and lieutenant commander.
Subtitle D--Education and Training
Sec. 531. Increased flexibility for management of senior level
education and post-education assignments.
Sec. 532. Expanded educational assistance authority for cadets and
midshipmen receiving ROTC scholarships.
Sec. 533. Eligibility and cost reimbursement requirements for personnel
to receive instruction at the Naval Postgraduate School.
Sec. 534. Actions to address sexual misconduct at the service
academies.
Subtitle E--Decorations, Awards, and Commendations
(reserved)
Subtitle F--Military Justice
Sec. 551. Extended limitation period for prosecution of child abuse
cases in courts-martial.
Sec. 552. Clarification of blood alcohol content limit for the offense
under the Uniform Code of Military Justice of drunken
operation of a vehicle, aircraft, or vessel.
Subtitle G--Other Matters
Sec. 561. High-tempo personnel management and allowance.
Sec. 562. Alternate initial military service obligation for persons
accessed under direct entry program.
Sec. 563. Policy on concurrent deployment to combat zones of both
military spouses of military families with minor
children.
Sec. 564. Enhancement of voting rights of members of the uniformed
services.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2004.
Sec. 602. Revised annual pay adjustment process.
Sec. 603. Computation of basic pay rate for commissioned officers with
prior enlisted or warrant officer service.
Sec. 604. Pilot program of monthly subsistence allowance for non-
scholarship Senior ROTC members committing to continue
ROTC participation -as sophomores.
Sec. 605. Basic allowance for housing for each member married to
another member without dependents when both spouses are
on sea duty.
Sec. 606. Increased rate of family separation allowance.
[[Page S6085]]
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Special pay for reserve officers holding positions of unusual
responsibility and of critical nature.
Sec. 616. Assignment incentive pay for service in Korea.
Sec. 617. Increased maximum amount of reenlistment bonus for active
members.
Sec. 618. Payment of Selected Reserve reenlistment bonus to members of
Selected Reserve who are mobilized.
Sec. 619. Increased rate of hostile fire and imminent danger special
pay.
Sec. 620. Availability of hostile fire and imminent danger special pay
for reserve component members on inactive duty.
Sec. 621. Expansion of overseas tour extension incentive program to
officers.
Sec. 622. Eligibility of warrant officers for accession bonus for new
officers in critical skills.
Sec. 623. Incentive bonus for conversion to military occupational
specialty to ease personnel shortage.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Shipment of privately owned motor vehicle within continental
United States.
Sec. 632. Payment or reimbursement of student baggage storage costs for
dependent children of members stationed overseas.
Sec. 633. Contracts for full replacement value for loss or damage to
personal property transported at Government expense.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Special rule for computation of retired pay base for
commanders of combatant commands.
Sec. 642. Survivor Benefit Plan annuities for surviving spouses of
Reserves not eligible for retirement who die from a cause
incurred or aggravated while on inactive-duty training.
Sec. 643. Increase in death gratuity payable with respect to deceased
members of the Armed Forces.
Subtitle E--Other Matters
Sec. 651. Retention of accumulated leave.
TITLE VII--HEALTH CARE
Sec. 701. Medical and dental screening for members of Selected Reserve
units alerted for mobilization.
Sec. 702. TRICARE beneficiary counseling and assistance coordinators
for reserve component beneficiaries.
Sec. 703. Extension of authority to enter into personal services
contracts for health care services to be performed at
locations outside medical treatment facilities.
Sec. 704. Department of Defense Medicare-Eligible Retiree Health Care
Fund valuations and contributions.
Sec. 705. Surveys on continued viability of TRICARE standard.
Sec. 706. Elimination of limitation on covered beneficiaries'
eligibility to receive health care services from former
Public Health Service treatment facilities.
Sec. 707. Modification of structure and duties of Department of
Veterans Affairs-Department of Defense Health Executive
Committee.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Temporary emergency procurement authority to facilitate
defense against or recovery from terrorism or nuclear,
biological, chemical, or radiological attack.
Sec. 802. Special temporary contract closeout authority.
Sec. 803. Defense acquisition program management for use of radio
frequency spectrum.
Sec. 804. National Security Agency Modernization Program.
Sec. 805. Quality control in procurement of aviation critical safety
items and related services.
Subtitle B--Procurement of Services
Sec. 811. Expansion and extension of incentive for use of performance-
based contracts in procurements of services.
Sec. 812. Public-private competitions for the performance of Department
of Defense functions.
Sec. 813. Authority to enter into personal services contracts.
Subtitle C--Major Defense Acquisition Programs
Sec. 821. Certain weapons-related prototype projects.
Sec. 822. Applicability of Clinger-Cohen Act policies and requirements
to equipment integral to a weapon or weapon system.
Sec. 823. Applicability of requirement for reports on maturity of
technology at initiation of major defense acquisition
programs.
Subtitle D--Domestic Source Requirements
Sec. 831. Exceptions to Berry amendment for contingency operations and
other urgent situations.
Sec. 832. Inapplicability of Berry amendment to procurements of waste
and byproducts of cotton and wool fiber for use in the
production of propellants and explosives.
Sec. 833. Waiver authority for domestic source or content requirements.
Sec. 834. Buy American exception for ball bearings and roller bearings
used in foreign products.
Subtitle E--Defense Acquisition and Support Workforce
Sec. 841. Flexibility for management of the defense acquisition and
support workforce.
Sec. 842. Limitation and reinvestment authority relating to reduction
of the defense acquisition and support workforce.
Sec. 843. Clarification and revision of authority for demonstration
project relating to certain acquisition personnel
management policies and procedures.
Subtitle F--Federal Support for Procurement of Anti-Terrorism
Technologies and Services by State and Local Governments
Sec. 851. Application of indemnification authority to State and local
government contractors.
Sec. 852. Procurements of anti-terrorism technologies and anti-
terrorism services by State and local governments through
Federal contracts.
Sec. 853. Definitions.
Subtitle G--General Contracting Authorities, Procedures, and
Limitations, and Other Matters
Sec. 861. Limited acquisition authority for Commander of United States
Joint Forces Command.
Sec. 862. Operational test and evaluation.
Sec. 863. Multiyear task and delivery order contracts.
Sec. 864. Repeal of requirement for contractor assurances regarding the
completeness, accuracy, and contractual sufficiency of
technical data provided by the contractor.
Sec. 865. Reestablishment of authority for short-term leases of real or
personal property across fiscal years.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department Officers and Agencies
Sec. 901. Clarification of responsibility of military departments to
support combatant commands.
Sec. 902. Redesignation of National Imagery and Mapping Agency as
National Geospatial-Intelligence Agency.
Sec. 903. Standards of conduct for members of the Defense Policy Board
and the Defense Science Board.
Subtitle B--Space Activities
Sec. 911. Coordination of space science and technology activities of
the Department of Defense.
Sec. 912. Space personnel cadre.
Sec. 913. Policy regarding assured access to space for United States
national security payloads.
Sec. 914. Pilot program to provide space surveillance network services
to entities outside the United States Government.
Sec. 915. Content of biennial global positioning system report.
Subtitle C--Other Matters
Sec. 921. Combatant Commander Initiative Fund.
Sec. 922. Authority for the Marine Corps University to award the degree
of master of operational studies.
Sec. 923. Report on changing roles of United States Special Operations
Command.
Sec. 924. Integration of Defense intelligence, surveillance, and
reconnaissance capabilities.
Sec. 925. Establishment of the National Guard of the Northern Mariana
Islands.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in
fiscal year 2004.
Sec. 1003. Authorization of supplemental appropriations for fiscal year
2003.
[[Page S6086]]
Subtitle B--Improvement of Travel Card Management
Sec. 1011. Mandatory disbursement of travel allowances directly to
travel card creditors.
Sec. 1012. Determinations of creditworthiness for issuance of Defense
travel card.
Sec. 1013. Disciplinary actions and assessing penalties for misuse of
Defense travel cards.
Subtitle C--Reports
Sec. 1021. Elimination and revision of various reporting requirements
applicable to the Department of Defense.
Sec. 1022. Global strike plan.
Sec. 1023. Report on the conduct of Operation Iraqi Freedom.
Sec. 1024. Report on mobilization of the reserves.
Subtitle D--Other Matters
Sec. 1031. Blue forces tracking initiative.
Sec. 1032. Loan, donation, or exchange of obsolete or surplus property.
Sec. 1033. Acceptance of gifts and donations for Asia-Pacific Center
for Security Studies.
Sec. 1034. Provision of living quarters for certain students working at
National Security Agency laboratory.
Sec. 1035. Protection of operational files of the National Security
Agency.
Sec. 1036. Transfer of administration of National Security Education
Program to Director of Central Intelligence.
Sec. 1037. Report on use of unmanned aerial vehicles for support of
homeland security missions.
Sec. 1038. Conveyance of surplus T-37 aircraft to Air Force Aviation
Heritage Foundation, Incorporated.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
Sec. 1101. Authority to employ civilian faculty members at the Western
Hemisphere Institute for Security Cooperation.
Sec. 1102. Pay authority for critical positions.
Sec. 1103. Extension, expansion, and revision of authority for
experimental personnel program for scientific and
technical personnel.
Sec. 1104. Transfer of personnel investigative functions and related
personnel of the Department of Defense.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Authority to use funds for payment of costs of attendance of
foreign visitors under Regional Defense Counterterrorism
Fellowship Program.
Sec. 1202. Availability of funds to recognize superior noncombat
achievements or performance of members of friendly
foreign forces and other foreign nationals.
Sec. 1203. Check cashing and exchange transactions for foreign
personnel in alliance or coalition forces.
Sec. 1204. Clarification and extension of authority to provide
assistance for international nonproliferation activities.
Sec. 1205. Reimbursable costs relating to national security controls on
satellite export licensing.
Sec. 1206. Annual report on the NATO Prague capabilities commitment and
the NATO response force.
Sec. 1207. Expansion and extension of authority to provide additional
support for counter-drug activities.
Sec. 1208. Use of funds for unified counterdrug and counterterrorism
campaign in Colombia.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Annual certifications on use of facilities being constructed
for Cooperative Threat Reduction projects or activities.
Sec. 1304. Authority to use Cooperative Threat Reduction funds outside
the former Soviet Union.
Sec. 1305. One-year extension of inapplicability of certain conditions
on use of funds for chemical weapons destruction.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Termination of authority to carry out certain fiscal year
2003 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2003 projects.
Sec. 2107. Modification of authority to carry out certain fiscal year
2002 project.
Sec. 2108. Modification of authority to carry out certain fiscal year
2001 project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Termination of authority to carry out certain fiscal year
2003 project.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of fiscal year 2003 authority relating to
improvement of military family housing units.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out certain fiscal year
2003 project.
Sec. 2407. Modification of authority to carry out certain fiscal year
2003 projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized guard and reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2001
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2000
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of general definitions relating to military
construction.
Sec. 2802. Increase in number of family housing units in Italy
authorized for lease by the Navy.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Increase in threshold for reports to Congress on real
property transactions.
Sec. 2812. Acceptance of in-kind consideration for easements.
Sec. 2813. Expansion to military unaccompanied housing of authority to
transfer property at military installations to be closed
in exchange for military housing.
Sec. 2814. Exemption from screening and use requirements under
McKinney-Vento Homeless Assistance Act of Department of
Defense property in emergency support of homeland
security.
Subtitle C--Land Conveyances
Sec. 2821. Transfer of land at Fort Campbell, Kentucky and Tennessee.
Sec. 2822. Land conveyance, Fort Knox, Kentucky.
Sec. 2823. Land conveyance, Marine Corps Logistics Base, Albany,
Georgia.
Sec. 2824. Land conveyance, Air Force and Army Exchange Service
property, Dallas, Texas.
Subtitle D--Review of Overseas Military Facility Structure
Sec. 2841. Short title.
Sec. 2842. Establishment of commission.
Sec. 2843. Duties of commission.
Sec. 2844. Powers of commission.
Sec. 2845. Commission personnel matters.
Sec. 2846. Security.
Sec. 2847. Termination of commission.
Sec. 2848. Funding.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
[[Page S6087]]
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense energy supply.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Repeal of prohibition on research and development of low-
yield nuclear weapons.
Sec. 3132. Readiness posture for resumption by the United States of
underground nuclear weapons tests.
Sec. 3133. Technical base and facilities maintenance and
recapitalization activities.
Sec. 3134. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Subtitle C--Proliferation Matters
Sec. 3141. Expansion of International Materials Protection, Control,
and Accounting program.
Sec. 3142. Semi-annual financial reports on defense nuclear
nonproliferation program.
Sec. 3143. Report on reduction of excessive uncosted balances for
defense nuclear nonproliferation activities.
Subtitle D--Other Matters
Sec. 3151. Modification of authorities on Department of Energy
personnel security investigations.
Sec. 3152. Responsibilities of Environmental Management program and
National Nuclear Security Administration of Department of
Energy for environmental cleanup, decontamination and
decommissioning, and waste management.
Sec. 3153. Update of report on stockpile stewardship criteria.
Sec. 3154. Progress reports on Energy Employees Occupational Illness
Compensation Program.
Subtitle E--Consolidation of General Provisions on Department of Energy
National Security Programs
Sec. 3161. Consolidation and assembly of recurring and general
provisions on Department of Energy national security
programs.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for procurement for the Army as follows:
(1) For aircraft, $2,158,485,000.
(2) For missiles, $1,553,462,000.
(3) For weapons and tracked combat vehicles,
$1,658,504,000.
(4) For ammunition, $1,363,305,000.
(5) For other procurement, $4,266,027,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2004 for procurement for the Navy as follows:
(1) For aircraft, $8,996,948,000.
(2) For weapons, including missiles and torpedoes, $
2,046,821,000.
(3) For shipbuilding and conversion, $11,707,984,000.
(4) For other procurement, $4,744,443,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2004 for procurement for the
Marine Corps in the amount of $1,089,599,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2004 for
procurement of ammunition for the Navy and the Marine Corps
in the amount of $924,355,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for procurement for the Air Force as follows:
(1) For aircraft, $12,082,760,000.
(2) For ammunition, $1,284,725,000.
(3) For missiles, $4,394,439,000.
(4) For other procurement, $11,630,659,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for Defense-wide procurement in the amount of
$3,884,106,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for procurement for the Inspector General of the
Department of Defense in the amount of $2,100,000.
SEC. 106. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
There is hereby authorized to be appropriated for the
Office of the Secretary of Defense for fiscal year 2004 the
amount of $1,530,261,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities
of the Department of Defense in the total amount of
$327,826,000.
Subtitle B--Army Programs
(reserved)
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR NAVY PROGRAMS.
(a) Authority.--Beginning with the fiscal year 2004 program
year, the Secretary of the Navy may, in accordance with
section 2306b of title 10, United States Code, enter into a
multiyear contract for procurement for the following
programs:
(1) The F/A-18 aircraft program.
(2) The E-2C aircraft program.
(3) The Tactical Tomahawk Cruise Missile program, subject
to subsection (b).
(4) The Virginia class submarine, subject to subsection
(c).
(b) Tactical Tomahawk Cruise Missiles.--The Secretary may
not enter into a multiyear contract for the procurement of
Tactical Tomahawk Cruise Missiles under subsection (a)(3)
until the Secretary determines on the basis of operational
testing that the Tactical Tomahawk Cruise Missile is
effective for fleet use.
(c) Virginia Class Submarines.--Paragraphs (2)(A), (3), and
(4) of section 121(b) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1648)
shall apply in the exercise of authority to enter into a
multiyear contract for the procurement of Virginia class
submarines under subsection (a)(4).
SEC. 122. PILOT PROGRAM FOR FLEXIBLE FUNDING OF NAVAL VESSEL
CONVERSIONS AND OVERHAULS.
(a) Establishment.--The Secretary of the Navy may carry out
a pilot program of flexible funding of conversions and
overhauls of cruisers of the Navy in accordance with this
section.
(b) Authority.--Under the pilot program the Secretary of
the Navy may, subject to subsection (d), transfer
appropriated funds described in subsection (c) to the
appropriation for the Navy for procurement for shipbuilding
and conversion for any fiscal year to continue to fund any
conversion or overhaul of a cruiser of the Navy that was
initially funded with the appropriation to which transferred.
(c) Funds Available for Transfer.--The appropriations
available for transfer under this section are the
appropriations to the Navy for any fiscal year after fiscal
year 2003 and before fiscal year 2013 for the following
purposes:
(1) For procurement, as follows:
(A) For shipbuilding and conversion.
(B) For weapons procurement.
(C) For other procurement.
(2) For operation and maintenance.
(d) Limitations.--(1) A transfer may be made with respect
to a cruiser under this section only to meet the following
requirements:
(A) Any increase in the size of the workload for conversion
or overhaul to meet existing requirements for the cruiser.
(B) Any new conversion or overhaul requirement resulting
from a revision of the original baseline conversion or
overhaul program for the cruiser.
(2) A transfer may not be made under this section before
the date that is 30 days after the date on which the
Secretary of the Navy transmits to the congressional defense
committees a written notification of the intended transfer.
The notification shall include the following matters:
(A) The purpose of the transfer.
(B) The amounts to be transferred.
(C) Each account from which the funds are to be
transferred.
(D) Each program, project, or activity from which the funds
are to be transferred.
(E) Each account to which the funds are to be transferred.
(F) A discussion of the implications of the transfer for
the total cost of the cruiser conversion or overhaul program
for which the transfer is to be made.
(e) Merger of Funds.--Amounts transferred to an
appropriation with respect to the conversion or overhaul of a
cruiser under this section shall be credited to and merged
with other funds in the appropriation to which transferred
and shall be available for the conversion or overhaul of such
cruiser for the same period as the appropriation with which
merged.
(f) Relationship to Other Transfer Authority.--The
authority to transfer funds under this section is in addition
to any other authority provided by law to transfer
appropriated funds and is not subject to any restriction,
limitation, or procedure that is applicable to the exercise
of any such other authority.
(g) Final Report.--Not later than October 1, 2011, the
Secretary of the Navy shall submit to the congressional
defense committees a report containing the Secretary's
evaluation of the efficacy of the authority provided under
this section.
(h) Termination of Program.--No transfer may be made under
this section after September 30, 2012.
[[Page S6088]]
Subtitle D--Air Force Programs
SEC. 131. ELIMINATION OF QUANTITY LIMITATIONS ON MULTIYEAR
PROCUREMENT AUTHORITY FOR C-130J AIRCRAFT.
Section 131(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2475) is amended by striking ``up to 40 C-130J
aircraft in the CC-130J configuration and up to 24 C-130J
aircraft in the KC-130J configuration'' and inserting ``C-
130J aircraft in the CC-130J and KC-130J configurations''.
Subtitle E--Other Matters
(reserved)
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $9,012,500,000.
(2) For the Navy, $14,590,284,000.
(3) For the Air Force, $20,382,407,000.
(4) For Defense-wide activities, $19,135,679,000, of which
$286,661,000 is authorized for the Director of Operational
Test and Evaluation.
SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.
(a) Amount for Projects.--Of the total amount authorized to
be appropriated by section 201, $10,705,561,000 shall be
available for science and technology projects.
(b) Science and Technology Defined.--In this section, the
term ``science and technology project'' means work funded in
program elements for defense research, development, test, and
evaluation under Department of Defense budget activities 1,
2, or 3.
SEC. 203. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for research, development, test, and evaluation for
the Inspector General of the Department of Defense in the
amount of $300,000.
SEC. 204. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for the Department of Defense for research,
development, test, and evaluation for carrying out health
care programs, projects, and activities of the Department of
Defense in the total amount of $65,796,000.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. PROHIBITION ON TRANSFER OF CERTAIN PROGRAMS OUTSIDE
THE OFFICE OF THE SECRETARY OF DEFENSE.
The Secretary of Defense may not designate any official
outside the Office of the Secretary of Defense to exercise
authority for programming or budgeting for any of the
following programs:
(1) Explosive demilitarization technology (program element
0603104D8Z).
(2) High energy laser research initiative (program element
0601108D8Z).
(3) High energy laser research (program element
0602890D8Z).
(4) High energy laser advanced development (program element
0603924D8Z).
(5) University research initiative (program element
0601103D8Z).
SEC. 212. OBJECTIVE FORCE INDIRECT FIRES PROGRAM.
(a) Distinct Program Element.--The Secretary of Defense
shall ensure that, not later than October 1, 2003, the
Objective Force Indirect Fires Program is being planned,
programmed, and budgeted for as a distinct program element
and that funds available for such program are being
administered consistent with the budgetary status of the
program as a distinct program element.
(b) Prohibition.--Effective on October 1, 2003, the
Objective Force Indirect Fires Program may not be planned,
programmed, and budgeted for, and funds available for such
program may not be administered, in one program element in
combination with the Armored Systems Modernization program.
(c) Certification Requirement.--At the same time that the
President submits the budget for fiscal year 2005 to Congress
under section 1105(a) of title 31, United States Code, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
written certification that the Objective Force Indirect Fires
Program is being planned, programmed, and budgeted for, and
funds available for such program are being administered, in
accordance with the requirement in subsection (a) and the
prohibition in subsection (b).
Subtitle C--Ballistic Missile Defense
SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
Funds authorized to be appropriated under section 201(4)
for the Missile Defense Agency may be used for the
development and fielding of an initial set of ballistic
missile defense capabilities.
SEC. 222. REPEAL OF REQUIREMENT FOR CERTAIN PROGRAM ELEMENTS
FOR MISSILE DEFENSE AGENCY ACTIVITIES.
Section 223 of title 10, United States Code is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(3) in subsection (b), as so redesignated, by striking
``specified in subsection (a)''.
SEC. 223. OVERSIGHT OF PROCUREMENT OF BALLISTIC MISSILE
DEFENSE SYSTEM ELEMENTS.
(a) Oversight Requirements.--Chapter 9 of title 10, United
States Code, is amended by inserting after section 223 the
following new section:
``Sec. 223a. Ballistic missile defense programs: procurement
``(a) Budget Justification Materials.--In the budget
justification materials submitted to Congress in support of
the Department of Defense budget for any fiscal year (as
submitted with the budget of the President under section
1105(a) of title 31), the Secretary of Defense shall specify,
for each ballistic missile defense system element for which
the Missile Defense Agency in engaged in planning for
production and initial fielding, the following information:
``(1) The production rate capabilities of the production
facilities planned to be used.
``(2) The potential date of availability of the element for
initial fielding.
``(3) The expected costs of the initial production and
fielding planned for the element.
``(4) The estimated date on which the administration of the
acquisition of the element is to be transferred to the
Secretary of a military department.
``(b) Future-Years Defense Program.--The future-years
defense program submitted to Congress each year under section
221 of this title shall include an estimate of the amount
necessary for procurement for each ballistic missile defense
system element, together with a discussion of the underlying
factors and reasoning justifying the estimate.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such chapter 9 is amended by inserting after the
item relating to section 223 the following new item:
``223a. Ballistic missile defense programs: procurement.''.
SEC. 224. RENEWAL OF AUTHORITY TO ASSIST LOCAL COMMUNITIES
IMPACTED BY BALLISTIC MISSILE DEFENSE SYSTEM
TEST BED.
Section 235(b) of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1041) is
amended--
(1) in paragraph (1), by inserting ``, 2004, 2005, or
2006'' after ``for fiscal year 2002''; and
(2) by adding at the end the following new paragraph:
``(3) In the budget justification materials for the
Department of Defense that the Secretary of Defense submits
to Congress in connection with the submission of the budget
for fiscal year 2004, the budget for fiscal year 2005, and
the budget for fiscal year 2006 under section 1105(a) of
title 31, United States Code, the Secretary shall include a
description of the community assistance projects that are to
be supported in such fiscal year under this subsection and an
estimate of the total cost of each such project.''.
Subtitle D--Other Matters
SEC. 231. GLOBAL RESEARCH WATCH PROGRAM IN THE OFFICE OF THE
DIRECTOR OF DEFENSE RESEARCH AND ENGINEERING.
Section 139a of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c)(1) The Director shall carry out a Global Research
Watch program.
``(2) The goals of the program are as follows:
``(A) To monitor and analyze the basic and applied research
activities and capabilities of foreign nations in areas of
military interest, including allies and competitors.
``(B) To provide standards for comparison and comparative
analysis of research capabilities of foreign nations in
relation to the research capabilities of the United States.
``(C) To assist Congress and Department of Defense
officials in making investment decisions for research in
technical areas where the United States may not be the global
leader.
``(D) To identify areas where significant opportunities for
cooperative research may exist.
``(E) To coordinate and promote the international
cooperative research and analysis activities of each of the
armed forces and Defense Agencies.
``(F) To establish and maintain an electronic database on
international research capabilities, comparative assessments
of capabilities, cooperative research opportunities, and
ongoing cooperative programs.
``(3) The program shall be focused on research and
technologies at a technical maturity level equivalent to
Department of Defense basic and applied research programs.
``(4) The Director shall coordinate the program with the
international cooperation and analysis activities of the
military departments and Defense Agencies.
``(5) Information in electronic databases of the Global
Research Watch program shall be maintained in unclassified
form and, as determined necessary by the Director, in
classified form in such databases.''.
SEC. 232. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY BIENNIAL
STRATEGIC PLAN.
(a) Requirement for Plan.--(1) Subchapter II of chapter 8
of title 10, United States Code, is amended by inserting
after section 201 the following new section:
``Sec. 202. Defense Advanced Research Projects Agency:
biennial strategic plan
``(a) Requirement for Strategic Plan.--(1) Every other
year, and in time for submission to Congress under subsection
(b), the Director of the Defense Advanced Research Projects
Agency shall prepare a strategic plan for the activities of
the agency.
[[Page S6089]]
``(2) The strategic plan shall include the following
matters:
``(A) The long-term strategic goals of the agency.
``(B) Identification of the research programs that
support--
``(i) achievement of the strategic goals; and
``(ii) exploitation of opportunities that hold the
potential for yielding significant military benefits.
``(C) The connection of agency activities and programs to
activities and missions of the armed forces.
``(D) A technology transition strategy for agency programs.
``(E) An assessment of agency policies on the management,
organization, and personnel of the agency.
``(b) Submission of Plan to Congress.--The Secretary of
Defense shall submit the latest biennial strategic plan of
the Defense Advanced Research Projects Agency to Congress at
the same time that the President submits the budget for an
even-numbered year to Congress under section 1105(a) of title
31.
``(c) Review Panel.--(1) The Secretary of Defense shall
establish a panel to advise the Director of the Defense
Research Projects Agency on the preparation, content, and
execution of the biennial strategic plan.
``(2) The panel shall be composed of members appointed by
the Secretary of Defense from among persons who are
experienced and knowledgeable in research activities of
potential military value, as follows:
``(A) The principal staff assistant to the Director of the
Defense Advanced Research Projects Agency, who shall serve as
chairman of the panel.
``(B) Three senior officers of the armed forces.
``(C) Three persons who are representative of--
``(i) private industry;
``(ii) academia; and
``(iii) federally funded research and development centers
or similar nongovernmental organizations.
``(3) The members appointed under subparagraphs (B) and (C)
of paragraph (2) shall be appointed for a term of two years.
The members may be reappointed, except that every two years
the Secretary of Defense shall appoint a replacement for at
least one of the members appointed under such subparagraph
(B) and a replacement for at least one of the members
appointed under such subparagraph (C). Any vacancy in the
membership of the panel shall be filled in the same manner as
the original appointment.
``(4) The panel shall meet at the call of the Chairman.
``(5) The panel shall provide the Director of the Defense
Advanced Research Projects Agency with the following support:
``(A) Objective advice on--
``(i) the strategic plan; and
``(ii) the appropriate mix of agency supported research
activities in technologies, including system-level
technologies, to address new and evolving national security
requirements and interests, and to fulfill the technology
development mission of the agency.
``(B) An assessment of the extent to which the agency is
successful in--
``(i) supporting missions of the armed forces; and
``(ii) achieving the transition of technologies into
acquisition programs of the military departments.
``(C) An assessment of agency policies on the management,
organization, and personnel of the agency, together with
recommended modifications of such policies that could improve
the mission performance of the agency.
``(D) Final approval of the biennial strategic plan.
``(6) Members of the panel who are not officers or
employees of the United States shall serve without pay by
reason of their work on the panel, and their services as
members may be accepted without regard to section 1342 of
title 31. However, such members shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5 while away from their homes or regular
places of business in the performance of services for the
panel.
``(7) The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the panel.''.
(2) The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to
section 201 the following new item:
``202. Defense Advanced Research Projects Agency: biennial strategic
plan.''.
(b) Initial Appointments to Review Panel.--The Secretary of
Defense shall appoint the panel under subsection (c) of
section 202 of title 10, United States Code (as added by
subsection (a)), not later than 60 days after the date of the
enactment of this Act.
SEC. 233. ENHANCEMENT OF AUTHORITY OF SECRETARY OF DEFENSE TO
SUPPORT SCIENCE, MATHEMATICS, ENGINEERING, AND
TECHNOLOGY EDUCATION.
Section 2192 of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b)(1) In furtherance of the authority of the Secretary
of Defense under this chapter or any other provision of law
to support educational programs in science, mathematics,
engineering, and technology, the Secretary of Defense may--
``(A) enter into contracts and cooperative agreements with
eligible persons;
``(B) make grants of financial assistance to eligible
persons;
``(C) provide cash awards and other items to eligible
persons; and
``(D) accept voluntary services from eligible persons.
``(2) In this subsection:
``(A) The term `eligible person' includes a department or
agency of the Federal Government, a State, a political
subdivision of a State, an individual, and a not-for-profit
or other organization in the private sector.
``(B) The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, American Samoa,
and any other territory or possession of the United
States.''.
SEC. 234. DEPARTMENT OF DEFENSE HIGH-SPEED NETWORK-CENTRIC
AND BANDWIDTH EXPANSION PROGRAM.
(a) In General.--The Secretary of Defense shall carry out a
program of research and development to promote greater
bandwidth capability with high-speed network-centric
communications.
(b) Purposes of Activities.--The purposes of activities
required by subsection (a) are as follows:
(1) To facilitate the acceleration of the network-centric
operational capabilities of the Armed Forces, including more
extensive utilization of unmanned vehicles, satellite
communications, and sensors, through the promotion of
research and development, and the focused coordination of
programs, to fully achieve high-bandwidth connectivity to
military assets.
(2) To provide for the development of equipment and
technologies for military high-bandwidth network-centric
communications facilities.
(c) Research and Development Program.--(1) In carrying out
the program of research and development required by
subsection (a)(1), the Secretary shall--
(A) identify areas of advanced wireless communications in
which research and development, or the leveraging of emerging
technologies, has significant potential to improve the
performance, efficiency, cost, and flexibility of advanced
network-centric communications systems;
(B) develop a coordinated plan for research and development
on--
(i) improved spectrum access through spectrum-efficient
network-centric communications systems;
(ii) networks, including complex ad hoc adaptive network
structures;
(iii) end user devices, including efficient receivers and
transmitter devices;
(iv) applications, including robust security and
encryption; and
(v) any other matters that the Secretary considers
appropriate for purposes of this section;
(C) ensure joint research and development, and promote
joint systems acquisition and deployment, among the various
services and Defense Agencies, including the development of
common cross-service technology requirements and doctrines,
so as to enhance interoperability among the various services
and Defense Agencies;
(D) conduct joint experimentation among the various Armed
Forces, and coordinate with the Joint Forces Command, on
experimentation to support network-centric warfare
capabilities to small units of the Armed Forces; and
(E) develop, to the extent practicable and in consultation
with other Federal entities and private industry, cooperative
research and development efforts.
(2) The Secretary shall carry out the program of research
and development through the Director of Defense Research and
Engineering, in full coordination with the Secretaries of the
military departments, the heads of appropriate Defense
Agencies, and the heads of other appropriate elements of the
Department of Defense.
(d) Report.--(1) The Secretary shall, acting through the
Director of Defense Research and Engineering, submit to the
congressional defense committees a report on the activities
undertaken under this section as of the date of such report.
The report shall be submitted together with the budget
justification materials submitted to Congress in support of
the Department of Defense budget for fiscal year 2005 (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code).
(2) The report under paragraph (1) shall include--
(A) a description of the research and development
activities carried out under subsection (a), including
particular activities under subsection (c)(1)(B);
(B) an assessment of current and proposed funding for the
activities set forth in each of clauses (i) through (v) of
subsection (c)(1)(B), including the adequacy of such funding
to support such activities;
(C) an assessment of the extent and success of any joint
research and development activities under subsection
(c)(1)(C);
(D) a description of any joint experimentation activities
under subsection (c)(1)(D);
(E) an assessment of the effects of limited communications
bandwidth, and of limited
[[Page S6090]]
access to electromagnetic spectrum, on recent military
operations; and
(F) such recommendations for additional activities under
this section as the Secretary considers appropriate to meet
the purposes of this section.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $24,668,004,000.
(2) For the Navy, $28,051,390,000.
(3) For the Marine Corps, $3,416,356,000.
(4) For the Air Force, $26,975,231,000.
(5) For Defense-wide activities, $15,739,047,000.
(6) For the Army Reserve, $1,952,009,000.
(7) For the Naval Reserve, $1,170,421,000.
(8) For the Marine Corps Reserve, $173,452,000.
(9) For the Air Force Reserve, $2,178,688,000.
(10) For the Army National Guard, $4,227,331,000.
(11) For the Air National Guard, $4,405,646,000.
(12) For the Defense Inspector General, $160,049,000.
(13) For the United States Court of Appeals for the Armed
Forces, $10,333,000.
(14) For Environmental Restoration, Army, $396,018,000.
(15) For Environmental Restoration, Navy, $256,153,000.
(16) For Environmental Restoration, Air Force,
$384,307,000.
(17) For Environmental Restoration, Defense-wide,
$24,081,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $252,619,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $817,371,000.
(21) For Defense Health Program, $14,862,900,000.
(22) For Cooperative Threat Reduction programs,
$450,800,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds, $1,661,307,000.
(2) For the National Defense Sealift Fund, $1,062,762,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2004 from the Armed Forces Retirement Home Trust Fund
the sum of $65,279,000 for the operation of the Armed Forces
Retirement Home, including the Armed Forces Retirement Home--
Washington and the Armed Forces Retirement Home--Gulfport.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. ARMED FORCES EMERGENCY SERVICES.
Of the amount authorized to be appropriated by section
301(5) for operation and maintenance for Defense-wide
activities, $5,000,000 shall be made available to the
American Red Cross to fund the Armed Forces Emergency
Services.
SEC. 312. COMMERCIAL IMAGERY INDUSTRIAL BASE.
(a) Limitation.--Not less than ninety percent of the total
amount authorized to be appropriated under this title for the
acquisition, processing, and licensing of commercial imagery,
including amounts authorized to be appropriated under this
title for experimentation related to commercial imagery,
shall be used for the following purposes:
(1) To acquire space-based imagery from commercial sources.
(2) To support the development of next-generation
commercial imagery satellites.
(b) Report.--(1) Not later than March 1, 2004, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the actions taken and to be taken by the Secretary
to implement the President's commercial remote sensing
policy. The Secretary shall consult with the Director of
Central Intelligence in preparing the report.
(2) The report under paragraph (1) shall include an
assessment of the following matters:
(A) The sufficiency of the policy, the funding for fiscal
year 2004 for the procurement of imagery from commercial
sources, and the funding planned in the future-years defense
program for the procurement of imagery from commercial
sources to sustain a viable commercial imagery industrial
base in the United States.
(B) The extent to which the United States policy and
programs relating to the procurement of imagery from
commercial sources are sufficient to ensure that imagery is
available to the Department of Defense from United States
commercial firms to timely meet the needs of the Department
of Defense for the imagery.
Subtitle C--Environmental Provisions
SEC. 321. GENERAL DEFINITIONS APPLICABLE TO FACILITIES AND
OPERATIONS.
(a) General Definitions Applicable to Facilities and
Operations.--Section 101 of title 10, United States Code, is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Facilities and Operations.--The following definitions
relating to facilities and operations shall apply in this
title:
``(1)(A) The term `military munitions' means all ammunition
products and components produced for or used by the armed
forces for national defense and security, including
ammunition products or components under the control of the
Department of Defense, the Coast Guard, the Department of
Energy, and the National Guard. The term includes confined
gaseous, liquid, and solid propellants, explosives,
pyrotechnics, chemical and riot control agents, smokes, and
incendiaries, including bulk explosives and chemical warfare
agents, chemical munitions, rockets, guided and ballistic
missiles, bombs, warheads, mortar rounds, artillery
ammunition, small arms ammunition, grenades, mines,
torpedoes, depth charges, cluster munitions and dispensers,
demolition charges, and devices and components thereof.
``(B) The term does not include wholly inert items,
improvised explosive devices, and nuclear weapons, nuclear
devices, and nuclear components, except that the term does
include nonnuclear components of nuclear devices that are
managed under the nuclear weapons program of the Department
of Energy after all required sanitization operations under
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have
been completed.
``(2) The term `operational range' means a range under the
jurisdiction, custody, or control of the Secretary concerned
that--
``(A) is used for range activities; or
``(B) is not currently used for range activities, but is
still considered by the Secretary concerned to be a range and
has not been put to a new use that is incompatible with range
activities.
``(3) The term `range' means a designated land or water
area that is set aside, managed, and used for range
activities. The term includes firing lines and positions,
maneuver areas, firing lanes, test pads, detonation pads,
impact areas, electronic scoring sites, and buffer zones with
restricted access and exclusionary areas. The term also
includes airspace areas designated for military use according
to regulations and procedures established by the Federal
Aviation Administration such as special use airspace areas,
military training routes, and other associated airspace.
``(4) The term `range activities' means--
``(A) research, development, testing, and evaluation of
military munitions, other ordnance, and weapons systems; and
``(B) the training of military personnel in the use and
handling of military munitions, other ordnance, and weapons
systems.
``(5) The term `unexploded ordnance' means military
munitions that--
``(A) have been primed, fused, armed, or otherwise prepared
for action;
``(B) have been fired, dropped, launched, projected, or
placed in such a manner as to constitute a hazard to
operations, installations, personnel, or material; and
``(C) remain unexploded either by malfunction, design, or
any other cause.''.
(b) Conforming Amendments.--Section 2710(e) of such title
is amended by striking paragraphs (3), (5), and (9) and
redesignating paragraphs (4), (6), (7), (8), and (10) as
paragraphs (3), (4), (5), (6), and (7), respectively.
SEC. 322. MILITARY READINESS AND CONSERVATION OF PROTECTED
SPECIES.
(a) In General.--Part III of subtitle A of title 10, United
States Code, is amended by inserting after chapter 101 the
following new chapter:
``CHAPTER 101A--READINESS AND RANGE PRESERVATION
``Sec.
``2020. Military readiness and conservation of protected species.
``Sec. 2020. Military readiness and conservation of protected
species
``(a) Limitation on Designation of Critical Habitat.--The
Secretary of the Interior may not designate as critical
habitat any lands or other geographical areas owned or
controlled by the Department of Defense, or designated for
its use, that are subject to an integrated natural resources
management plan prepared under section 101 of the Sikes Act
(16 U.S.C. 670a), if the Secretary determines that such plan
addresses special management considerations or protection (as
those terms are used in section 3(5)(A)(i) of the Endangered
Species Act (16 U.S.C. 1532(5)(A)(i))).
``(b) Construction With Consultation Requirement.--Nothing
in subsection (a) may be construed to affect the requirement
to consult under section 7(a)(2) of the Endangered Species
Act (16 U.S.C. 1536(a)(2)) with respect to an agency action
(as that term is defined in that section).''.
(b) Clerical Amendments.--The table of chapters at the
beginning of subtitle A of title 10, United States Code, and
at the beginning of part III of such subtitle, are each
amended by inserting after the item relating to chapter 101
the following new item:
``101A. Readiness and Range Preservation....................2020''.....
[[Page S6091]]
SEC. 323. ARCTIC AND WESTERN PACIFIC ENVIRONMENTAL TECHNOLOGY
COOPERATION PROGRAM.
(a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2350m. Arctic and Western Pacific Environmental
Technology Cooperation Program
``(a) Authority To Conduct Program.--The Secretary of
Defense may, with the concurrence of the Secretary of State,
conduct on a cooperative basis with countries located in the
Arctic and Western Pacific regions a program of environmental
activities provided for in subsection (b) in such regions.
The program shall be known as the `Arctic and Western Pacific
Environmental Technology Cooperation Program'.
``(b) Program Activities.--(1) Except as provided in
paragraph (3), activities under the program under subsection
(a) may include cooperation and assistance among elements of
the Department of Defense and military departments or
relevant agencies of other countries on activities that
contribute to the demonstration of environmental technology.
``(2) Activities under the program shall be consistent with
the requirements of the Cooperative Threat Reduction program.
``(3) Activities under the program may not include
activities for purposes prohibited under section 1403 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1960).
``(c) Limitation on Funding for Projects Other than
Radiological Projects.--Not more than 10 percent of the
amount made available for the program under subsection (a) in
any fiscal year may be available for projects under the
program other than projects on radiological matters.
``(d) Annual Report.--(1) Not later than March 1, 2004, and
each year thereafter, the Secretary of Defense shall submit
to Congress a report on activities under the program under
subsection (a) during the preceding fiscal year.
``(2) The report on the program for a fiscal year under
paragraph (1) shall include the following:
``(A) A description of the activities carried out under the
program during that fiscal year, including a separate
description of each project under the program.
``(B) A statement of the amounts obligated and expended for
the program during that fiscal year, set forth in aggregate
and by project.
``(C) A statement of the life cycle costs of each project,
including the life cycle costs of such project as of the end
of that fiscal year and an estimate of the total life cycle
costs of such project upon completion of such project.
``(D) A statement of the participants in the activities
carried out under the program during that fiscal year,
including the elements of the Department of Defense and the
military departments or agencies of other countries.
``(E) A description of the contributions of the military
departments and agencies of other countries to the activities
carried out under the program during that fiscal year,
including any financial or other contributions to such
activities.''.
(b) Clerical Amendment.--The table of sections at the
beginning of that subchapter is amended by adding at the end
the following new item:
``2350m. Arctic and Western Pacific Environmental Technology
Cooperation Program.''.
SEC. 324. PARTICIPATION IN WETLAND MITIGATION BANKS IN
CONNECTION WITH MILITARY CONSTRUCTION PROJECTS.
(a) Authority To Participate.--Chapter 159 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2697. Participation in wetland mitigation banks
``(a) Authority To Participate.--In the case of a military
construction project that results, or may result, in the
destruction of or impacts to wetlands, the Secretary
concerned may make one or more payments to a wetland
mitigation banking program or consolidated user site (also
referred to as an `in-lieu-fee' program) meeting the
requirement of subsection (b) in lieu of creating a wetland
on Federal property as mitigation for the project.
``(b) Approval of Program or Site Required.--The Secretary
concerned may make a payment to a program or site under
subsection (a) only if the program or site is approved in
accordance with the Federal Guidance for the Establishment,
Use, and Operation of Mitigation Banks or the Federal
Guidance on the Use of In-Lieu-Fee Arrangements for
Compensatory Mitigation under section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) or section 10 of
the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C.
403).
``(c) Availability of Funds.--Amounts authorized to be
appropriated for a military construction project for which a
payment is authorized by subsection (a) may be utilized for
purposes of making the payment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2697. Participation in wetland mitigation banks.''.
SEC. 325. EXTENSION OF AUTHORITY TO USE ENVIRONMENTAL
RESTORATION ACCOUNT FUNDS FOR RELOCATION OF A
CONTAMINATED FACILITY.
Section 2703(c)(2) of title 10, United States Code, is
amended by striking ``September 30, 2003'' and inserting
``September 30, 2006''.
SEC. 326. APPLICABILITY OF CERTAIN PROCEDURAL AND
ADMINISTRATIVE REQUIREMENTS TO RESTORATION
ADVISORY BOARDS.
Section 2705(d)(2) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(C)(i) Section 10(a)(2) of the Federal Advisory Committee
Act (5 U.S.C. App.), relating to publication in the Federal
Register of notices of meetings of advisory committees, shall
not apply to any meeting of a restoration advisory board
under this subsection, but a restoration advisory board shall
publish timely notice of each meeting of the restoration
advisory board in a local newspaper of general circulation.
``(ii) No limitation under any provision of law or
regulations on the total number of advisory committees (as
that term is defined in section 3(2) of the Federal Advisory
Committee Act) in existence at any one time shall operate to
limit the number of restoration advisory boards in existence
under this subsection at any one time.''.
SEC. 327. EXPANSION OF AUTHORITIES ON USE OF VESSELS STRICKEN
FROM THE NAVAL VESSEL REGISTER FOR EXPERIMENTAL
PURPOSES.
(a) Expansion of Authorities.--Subsection (b) of section
7306a of title 10, United States Code, is amended to read as
follows:
``(b) Stripping and Environmental Remediation of Vessels.--
(1) Before using a vessel for experimental purposes pursuant
to subsection (a), the Secretary shall carry out such
stripping of the vessel as is practicable and such
environmental remediation of the vessel as is required for
the use of the vessel for experimental purposes.
``(2) Material and equipment stripped from a vessel under
paragraph (1) may be sold by the contractor or by a sales
agent approved by the Secretary.
``(3) Amounts received as proceeds from the stripping of a
vessel pursuant to this subsection shall be credited to funds
available for stripping and environmental remediation of
other vessels for use for experimental purposes.''.
(b) Inclusion of Certain Purposes in Use for Experimental
Purposes.--That section is further amended by adding at the
end the following new subsection:
``(c) Use for Experimental Purposes.--For purposes of this
section, the term `use for experimental purposes', in the
case of a vessel, includes use of the vessel by the Navy in
sink exercises and as a target.''.
SEC. 328. TRANSFER OF VESSELS STRICKEN FROM THE NAVAL VESSEL
REGISTER FOR USE AS ARTIFICIAL REEFS.
(a) Authority To Make Transfer.--Chapter 633 of title 10,
United States Code, is amended by inserting after section
7306a the following new section:
``Sec. 7306b. Vessels stricken from Naval Vessel Register;
transfer by gift or otherwise for use as artificial reefs
``(a) Authority To Make Transfer.--Subject to subsection
(b), the Secretary of the Navy may transfer, by gift or
otherwise, any vessel stricken from the Naval Vessel Register
to any State, Commonwealth, or possession of the United
States or any municipal corporation or political subdivision
thereof.
``(b) Inapplicability to Certain Vessels.--The authority in
subsection (a) shall not apply to vessels transferable to the
Maritime Administration for disposal under section 548 of
title 40.
``(c) Vessel To Be Used as Artificial Reef.--An agreement
for the transfer of a vessel under subsection (a) shall
require that--
``(1) the recipient use, site, construct, monitor, and
manage the vessel only as an artificial reef in accordance
with the requirements of the National Fishing Enhancement Act
of 1984 (title II of Public Law 98-623; 33 U.S.C. 2101 et
seq.), except that the recipient may use the artificial reef
to enhance diving opportunities if such use does not have an
adverse effect on fishery resources (as that term is defined
in section 2(14) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1802(14)); and
``(2) the recipient obtain, and bear all responsibility for
complying with, applicable Federal, State, interstate, and
local permits for using, siting, constructing, monitoring,
and managing the vessel as an artificial reef.
``(d) Preparation of Vessel for Use as Artificial Reef.--
The Secretary shall ensure that the preparation of a vessel
transferred under subsection (a) for use as an artificial
reef is conducted in accordance with--
``(1) the environmental best management practices developed
pursuant to section 3504(b) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
16 U.S.C. 1220 note); and
``(2) any applicable environmental laws.
``(e) Cost Sharing.--The Secretary may share with the
recipient of a vessel transferred under subsection (a) any
costs associated with transferring the vessel under that
subsection, including costs of the preparation of the vessel
under subsection (d).
``(f) No Limitation on Number of Vessels Transferable to
Particular Recipient.--A State, Commonwealth, or possession
of the
[[Page S6092]]
United States, or any municipal corporation or political
subdivision thereof, may be the recipient of more than one
vessel transferred under subsection (a).
``(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with a transfer authorized by subsection (a) as the Secretary
considers appropriate.
``(h) Construction.--Nothing in this section shall be
construed to establish a preference for the use as artificial
reefs of vessels stricken from the Naval Vessel Register in
lieu of other authorized uses of such vessels, including the
domestic scrapping of such vessels, or other disposals of
such vessels, under this chapter or other applicable
authority.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7306a the following new item:
``7306b. Vessels stricken from Naval Vessel Register; transfer by gift
or otherwise for use as artificial reefs.''.
SEC. 329. SALVAGE FACILITIES.
(a) Facilities To Include Environmental Protection
Equipment.--Section 7361(a) of title 10, United States Code,
is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of this section, salvage facilities
shall include equipment and gear utilized to prevent, abate,
or minimize damage to the environment arising from salvage
activities.''.
(b) Claims To Include Compensation for Environmental
Protection.--Section 7363 of such title is amended--
(1) by inserting ``(a) Authority To Settle Claims.--''
before ``The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Environmental Protection Services.--A claim for
salvage services covered by subsection (a) may include, in
addition to a claim for such salvage services, a claim for
compensation for services to prevent, abate, or minimize
damage to the environment arising from such salvage
services.''.
SEC. 330. TASK FORCE ON RESOLUTION OF CONFLICT BETWEEN
MILITARY TRAINING AND ENDANGERED SPECIES
PROTECTION AT BARRY M. GOLDWATER RANGE,
ARIZONA.
(a) Purpose.--The purpose of this section is to facilitate
the determination of effective means of resolving the current
conflict between the dual objectives at Barry M. Goldwater
Range, Arizona, of the full utilization of live ordnance
delivery areas for military training and the protection of
endangered species.
(b) Task Force.--The Secretary of Defense shall establish a
task force to determine and assess various means of enabling
full use of the live ordnance delivery areas at Barry M.
Goldwater Range while also protecting endangered species that
are present at Barry M. Goldwater Range.
(c) Composition.--(1) The task force established under
subsection (b) shall be composed of the following:
(A) The Air Force range officer, who shall serve as chair
of the task force.
(B) The range officer at Barry M. Goldwater Range.
(C) The commander of Luke Air Force Base, Arizona.
(D) The commander of Marine Corps Air Station, Yuma,
Arizona.
(E) The Director of the United States Fish and Wildlife
Service.
(F) The manager of the Cabeza Prieta National Wildlife
Refuge, Arizona.
(G) A representative of the Department of Game and Fish of
the State of Arizona, as selected by the Secretary in
consultation with the Governor of the State of Arizona.
(H) A representative of a wildlife interest group in the
State of Arizona, as selected by the Secretary in
consultation with wildlife interest groups in the State of
Arizona.
(I) A representative of an environmental interest group
(other than a wildlife interest group) in the State of
Arizona, as selected by the Secretary in consultation with
environmental interest groups in the State of Arizona.
(2) The chair of the task force may secure for the task
force the services of such experts with respect to the duties
of the task force under subsection (d) as the chair considers
advisable to carry out such duties.
(d) Duties.--The task force established under subsection
(b) shall--
(1) assess the effects of the presence of endangered
species on military training activities in the live ordnance
delivery areas at Barry M. Goldwater Range and in any other
areas of the range that are adversely effected by the
presence of endangered species;
(2) determine various means of addressing any significant
adverse effects on military training activities on Barry M.
Goldwater Range that are identified pursuant to paragraph
(1); and
(3) determine the benefits and costs associated with the
implementation of each means identified under paragraph (2).
(e) Report.--Not later than February 28, 2005, the task
force under subsection (b) shall submit to Congress a report
on its activities under this section. The report shall
include--
(1) a description of the assessments and determinations
made under subsection (d);
(2) such recommendations for legislative and administrative
action as the task force considers appropriate; and
(3) an evaluation of the utility of task force proceedings
as a means of resolving conflicts between military training
objectives and protection of endangered species at other
military training and testing ranges.
SEC. 331. PUBLIC HEALTH ASSESSMENT OF EXPOSURE TO
PERCHLORATE.
(a) Epidemiological Study of Exposure to Perchlorate.--
(1) In general.--The Secretary of Defense shall provide for
an independent epidemiological study of exposure to
perchlorate in drinking water.
(2) Performance of study.--The Secretary shall provide for
the performance of the study under this subsection through
the Centers for Disease Control, the National Institutes of
Health, or another Federal entity with experience in
environmental toxicology selected by the Secretary for
purposes of the study.
(3) Matters to be included in study.--In providing for the
study under this subsection, the Secretary shall require the
Federal entity conducting the study--
(A) to assess the incidence of thyroid disease and
measurable effects of thyroid function in relation to
exposure to perchlorate;
(B) to ensure that the study is of sufficient scope and
scale to permit the making of meaningful conclusions of the
measurable public health threat associated with exposure to
perchlorate, especially the threat to sensitive
subpopulations; and
(C) to study thyroid function, including measurements of
urinary iodine and thyroid hormone levels, in a sufficient
number of pregnant women, neonates, and infants exposed to
perchlorate in drinking water and match measurements of
perchlorate levels in the drinking water of each study
participant in order to permit the development of meaningful
conclusions on the public health threat to individuals
exposed to perchlorate.
(4) Report on study.--The Secretary shall require the
Federal entity conducting the study under this subsection to
submit to the Secretary a report on the study not later than
June 1, 2005.
(b) Review of Effects of Perchlorate on Endocrine System.--
(1) In general.--The Secretary shall provide for an
independent review of the effects of perchlorate on the human
endocrine system.
(2) Performance of review.--The Secretary shall provide for
the performance of the review under this subsection through
the Centers for Disease Control, the National Institutes of
Health, or another appropriate Federal research entity with
experience in human endocrinology selected by the Secretary
for purposes of the review. The Secretary shall ensure that
the panel conducting the review is composed of individuals
with expertise in human endocrinology.
(3) Matters to be included in review.--In providing for the
review under this subsection, the Secretary shall require the
Federal entity conducting the review to assess--
(A) available data on human exposure to perchlorate,
including clinical data and data on exposure of sensitive
subpopulations, and the levels at which health effects were
observed; and
(B) available data on other substances that have endocrine
effects similar to perchlorate to which the public is
frequently exposed.
(4) Report on review.--The Secretary shall require the
Federal entity conducting the review under this subsection to
submit to the Secretary a report on the review not later than
June 1, 2005.
Subtitle D--Reimbursement Authorities
SEC. 341. REIMBURSEMENT OF RESERVE COMPONENT MILITARY
PERSONNEL ACCOUNTS FOR PERSONNEL COSTS OF
SPECIAL OPERATIONS RESERVE COMPONENT PERSONNEL
ENGAGED IN LANDMINES CLEARANCE.
(a) Reimbursement.--Funds authorized to be appropriated
under section 301 for Overseas Humanitarian, Disaster, and
Civic Aid programs shall be available for transfer to reserve
component military personnel accounts in reimbursement of
such accounts for the pay and allowances paid to reserve
component personnel under the United States Special
Operations Command for duty performed by such personnel in
connection with training and other activities relating to the
clearing of landmines for humanitarian purposes.
(b) Maximum Amount.--Not more than $5,000,000 may be
transferred under subsection (a).
(c) Merger of Transferred Funds.--Funds transferred to an
account under this section shall be merged with other sums in
the account and shall be available for the same period and
purposes as the sums with which merged.
(d) Relationship to Other Transfer Authority.--The transfer
authority under this section is in addition to the transfer
authority provided under section 1001.
SEC. 342. REIMBURSEMENT OF RESERVE COMPONENT ACCOUNTS FOR
COSTS OF INTELLIGENCE ACTIVITIES SUPPORT
PROVIDED BY RESERVE COMPONENT PERSONNEL.
(a) In General.--Chapter 1805 of title 10, United States
Code, is amended by inserting after section 18502 the
following new section:
``Sec. 18503. Reserve components: reimbursement for costs of
intelligence support provided by reserve component
personnel
``(a) Reimbursement Requirement.--The Secretary of Defense
or the Secretary concerned shall transfer to the appropriate
reserve component military personnel account
[[Page S6093]]
or operation and maintenance account the amount necessary to
reimburse such account for the costs charged that account for
military pay and allowances or operation and maintenance
associated with the performance of duty described in
subsection (b) by reserve component personnel.
``(b) Reimbursable Costs.--The transfer requirement under
subsection (a) applies with respect to the performance of
duty in providing intelligence support, counterintelligence
support, or intelligence and counterintelligence support to a
combatant command, Defense Agency, or joint intelligence
activity, including any activity or program within the
National Foreign Intelligence Program, the Joint Military
Intelligence Program, or the Tactical Intelligence and
Related Activities Program.
``(c) Sources of Reimbursements.--Funds available for
operation and maintenance for the Army, Navy, Air Force, or
Marine Corps, for a combatant command, or for a Defense
Agency shall be available for transfer under this section to
military personnel accounts and operation and maintenance
accounts of the reserve components.
``(d) Distribution to Units.--Amounts reimbursed to an
account for duty performed by reserve component personnel
shall be distributed to the lowest level unit or other
organization of such personnel that administers and is
accountable for the appropriated funds charged the costs that
are being reimbursed.
``(e) Merger of Transferred Funds.--Funds transferred to an
account under this section shall be merged with other sums in
the account and shall be available for the same period and
purposes as the sums with which merged.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended inserting after the item
relating to section 18502 the following new item:
``18503. Reserve components: reimbursement for costs of intelligence
support provided by reserve component personnel.''.
SEC. 343. REIMBURSEMENT RATE FOR AIRLIFT SERVICES PROVIDED TO
THE DEPARTMENT OF STATE.
(a) Authority.--Subsection (a) of section 2642 of title 10,
United States Code, is amended--
(1) by striking ``(a) Authority'' and all that follows
through ``the Department of Defense'' and inserting the
following:
``(a) Authority.--The Secretary of Defense may authorize
the use of the Department of Defense reimbursement rate for
military airlift services provided by a component of the
Department of Defense as follows:
``(1) Military airlift services provided''; and
(2) by adding at the end the following new paragraph:
``(2) Military airlift services provided to the Department
of State for the transportation of armored motor vehicles to
a foreign country to meet unfulfilled requirements of the
Department of State for armored motor vehicles in such
foreign country.''.
(b) Conforming and Clerical Amendments.--(1) The heading
for such section is amended to read as follows:
``Sec. 2642. Reimbursement rate for airlift services provided
to Central Intelligence Agency or Department of State''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 157 of such title is
amended to read as follows:
``2642. Reimbursement rate for airlift services provided to Central
Intelligence Agency or Department of State.''.
Subtitle E--Defense Dependents Education
SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Continuation of Department of Defense Program for
Fiscal Year 2004.--Of the amount authorized to be
appropriated pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $30,000,000 shall be
available only for the purpose of providing educational
agencies assistance to local educational agencies.
(b) Notification.--Not later than June 30, 2004, the
Secretary of Defense shall notify each local educational
agency that is eligible for educational agencies assistance
for fiscal year 2004 of--
(1) that agency's eligibility for the assistance; and
(2) the amount of the assistance for which that agency is
eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall
disburse funds made available under subsection (a) not later
than 30 days after the date on which notification to the
eligible local educational agencies is provided pursuant to
subsection (b).
(d) 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. 352. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to
section 301(5) for operation and maintenance for Defense-wide
activities, $5,000,000 shall be available for payments under
section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).
Subtitle F--Other Matters
SEC. 361. SALE OF DEFENSE INFORMATION SYSTEMS AGENCY SERVICES
TO CONTRACTORS PERFORMING THE NAVY-MARINE CORPS
INTRANET CONTRACT.
(a) Authority.--The Secretary of Defense may sell working-
capital funded services of the Defense Information Systems
Agency to a person outside the Department of Defense for use
by that person in the performance of the Navy-Marine Corps
Intranet contract.
(b) Reimbursement.--The Secretary shall require
reimbursement of each working-capital fund for the costs of
services sold under subsection (a) that were paid for out of
such fund. The sources of the reimbursement shall be the
appropriation or appropriations funding the Navy-Marine Corps
Intranet contract or any cash payments received by the
Secretary for the services.
(c) Navy-Marine Corps Intranet Contract Defined.--In this
section, the term ``Navy-Marine Corps Intranet contract'' has
the meaning given such term in section 814 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398 (114 Stat.
1654A-217)).
SEC. 362. USE OF THE DEFENSE MODERNIZATION ACCOUNT FOR LIFE
CYCLE COST REDUCTION INITIATIVES.
(a) Funds Available for Defense Modernization Account.--
Section 2216 of title 10, United States Code is amended--
(1) by striking subsection (c);
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Funds Available for Account.--The Defense
Modernization Account shall consist of the following:
``(1) Amounts appropriated to the Defense Modernization
Account for the costs of commencing projects described in
subsection (d)(1), and amounts reimbursed to the Defense
Modernization Account under subsections (c)(1)(B)(iii) out of
savings derived from such projects.
``(2) Amounts transferred to the Defense Modernization
Account under subsection (c).''.
(b) Start-Up Funding.--Subsection (d) of such section is
amended--
(1) by striking ``available from the Defense Modernization
Account pursuant to subsection (f) or (g)'' and inserting
``in the Defense Modernization Account'';
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(3) by inserting after ``purposes:'' the following new
paragraph (1):
``(1) For paying the costs of commencing any project that,
in accordance with criteria prescribed by the Secretary of
Defense, is undertaken by the Secretary of a military
department or the head of a Defense Agency or other element
of the Department of Defense to reduce the life cycle cost of
a new or existing system.''.
(c) Reimbursement of Account Out of Savings.--(1) Paragraph
(1)(B) of subsection (c) of such section, as redesignated by
subsection (a)(2), is amended by adding at the end the
following new clause:
``(iii) Unexpired funds in appropriations accounts that are
available for procurement or operation and maintenance of a
system, if and to the extent that savings are achieved for
such accounts through reductions in life cycle costs of such
system that result from one or more projects undertaken with
respect to such systems with funds made available from the
Defense Modernization Account under subsection (b)(1).''.
(2) Paragraph (2) of such subsection is amended by
inserting ``, other than funds referred to in paragraph
subparagraph (B)(iii) of such paragraph,'' after ``Funds
referred to in paragraph (1)''.
(d) Regulations.--Subsection (h) of such section is
amended--
(1) by inserting ``(1)'' after ``Comptroller.--'';
and
(2) by adding at the end the following new paragraph (2):
``(2) The regulations prescribed under paragraph (1) shall,
at a minimum, provide for--
``(A) the submission of proposals by the Secretaries
concerned or heads of Defense Agencies or other elements of
the Department of Defense to the Comptroller for the use of
Defense Modernization Account funds for purposes set forth in
subsection (d);
``(B) the use of a competitive process for the evaluation
of such proposals and the selection of programs, projects,
and activities to be funded out of the Defense Modernization
Account from among those proposed for such funding; and
``(C) the calculation of--
``(i) the savings to be derived from projects described in
subsection (d)(1) that are to be funded out of the Defense
Modernization Account; and
``(ii) the amounts to be reimbursed to the Defense
Modernization Account out of such savings pursuant to
subsection (c)(1)(B)(iii).''.
(e) Annual Report.--Subsection (i) of such section is
amended--
(1) by striking ``(i) Quarterly Reports.--(1) Not later
than 15 days after the end of each calendar quarter,'' and
inserting ``(i) Annual Report.--(1) Not later than 15 days
after the end of each fiscal year''; and
[[Page S6094]]
(2) in paragraph (1), by striking ``quarter'' in
subparagraphs (A), (B), and (C), and inserting ``fiscal
year''.
(f) Extension of Authority.--Section 912(c)(1) of the
National Defense Authorization Act for Fiscal Year 1996 is
amended--
(1) by striking ``section 2216(b)'' and inserting ``section
2216(c)''; and
(2) by striking ``September 30, 2003'' and inserting
``September 30, 2006''.
SEC. 363. EXEMPTION OF CERTAIN FIREFIGHTING SERVICE CONTRACTS
FROM PROHIBITION ON CONTRACTS FOR PERFORMANCE
OF FIREFIGHTING FUNCTIONS.
Section 2465(b) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(4) to a contract for the performance for firefighting
functions if the contract is--
``(A) for a period of one year or less; and
``(B) for the performance of firefighting functions that
would otherwise be performed by military firefighters who are
otherwise deployed.''.
SEC. 364. TECHNICAL AMENDMENT RELATING TO TERMINATION OF
SACRAMENTO ARMY DEPOT, SACRAMENTO, CALIFORNIA.
Section 2466 of title 10, United States Code, is amended by
striking subsection (d).
SEC. 365. EXCEPTION TO COMPETITION REQUIREMENT FOR WORKLOADS
PREVIOUSLY PERFORMED BY DEPOT-LEVEL ACTIVITIES.
Section 2469 of title 10, United States Code, is amended--
(1) in subsection (b), by inserting ``, except as provided
in subsection (c)'' before the period at the end;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Exception.--Subsection (a) does not apply to any
depot-level maintenance and repair workload that is performed
by a public-private partnership under section 2474(b) of this
title consisting of a depot-level activity and a private
entity.''.
SEC. 366. SUPPORT FOR TRANSFERS OF DECOMMISSIONED VESSELS AND
SHIPBOARD EQUIPMENT.
(a) In General.--Chapter 633 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7316. Support for transfers of decommissioned vessels
and shipboard equipment
``(a) Authority To Provide Assistance.--The Secretary of
the Navy may provide an entity described in subsection (b)
with assistance in support of a transfer of a vessel or
shipboard equipment described in such subsection that is
being executed under section 2572, 7306, 7307, or 7545 of
this title, or under any other authority.
``(b) Covered Vessels and Equipment.--The authority under
this section applies--
``(1) in the case of a decommissioned vessel that--
``(A) is owned and maintained by the Navy, is located at a
Navy facility, and is not in active use; and
``(B) is being transferred to an entity designated by the
Secretary of the Navy or by law to receive transfer of the
vessel; and
``(2) in the case of any shipboard equipment that--
``(A) is on a vessel described in paragraph (1)(A); and
``(B) is being transferred to an entity designated by the
Secretary of the Navy or by law to receive transfer of the
equipment.
``(c) Reimbursement.--The Secretary may require a recipient
of assistance under subsection (a) to reimburse the Navy for
amounts expended by the Navy in providing the assistance.
``(d) Deposit of Funds Received.--Funds received in a
fiscal year under subsection (c) shall be credited to the
appropriation available for such fiscal year for operation
and maintenance for the office of the Navy managing inactive
ships, shall be merged with other sums in the appropriation
that are available for such office, and shall be available
for the same purposes and period as the sums with which
merged.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``7316. Support for transfers of decommissioned vessels and shipboard
equipment.''.
SEC. 367. AIRCRAFT FOR PERFORMANCE OF AERIAL REFUELING
MISSION.
(a) Restriction on Retirement of KC-135E Aircraft.--The
Secretary of the Air Force shall ensure that the number of
KC-135E aircraft of the Air Force that are retired in fiscal
year 2004, if any, does not exceed 12 such aircraft.
(b) Required Analysis.--Not later than March 1, 2004, the
Secretary of the Air Force shall submit to the congressional
defense committees an analysis of alternatives for meeting
the aerial refueling requirements that the Air Force has the
mission to meet. The Secretary shall provide for the analysis
to be performed by a federally funded research and
development center or another entity independent of the
Department of Defense.
SEC. 368. STABILITY OF CERTAIN EXISTING MILITARY TROOP DINING
FACILITIES CONTRACTS.
(a) Inapplicability of Randolph-Sheppard Act.--The
Randolph-Sheppard Act does not apply to any contract
described in subsection (b) for so long as the contract is in
effect, including for any period for which the contract is
extended pursuant to an option provided in the contract.
(b) Javits-Wagner-O'Day Contracts.--Subsection (a) applies
to any contract for the operation of a Department of Defense
facility described in subsection (c) that was entered into
before the date of the enactment of this Act with a nonprofit
agency for the blind or an agency for other severely
handicapped in compliance with section 3 of the Javits-
Wagner-O'Day Act (41 U.S.C. 48) and is in effect on such
date.
(c) Covered Facilities.--The Department of Defense
facilities referred to in subsection (b) are as follows:
(1) A military troop dining facility.
(2) A military mess hall.
(3) Any similar dining facility operated for the purpose of
providing meals to members of the Armed Forces.
(d) Enactment of Popular Name as Short Title.--The Act
entitled ``An Act to authorize the operation of stands in
Federal buildings by blind persons, to enlarge the economic
opportunities of the blind, and for other purposes'',
approved June 20, 1936 (commonly known as the ``Randolph-
Sheppard Act'') (20 U.S.C. 107 et seq.), is amended by adding
at the end the following new section:
``Sec. 11. This Act may be cited as the `Randolph-Sheppard
Act'.''.
SEC. 369. REPEAL OF CALENDAR YEAR LIMITATIONS ON USE OF
COMMISSARY STORES BY CERTAIN RESERVES AND
OTHERS.
(a) Members of the Ready Reserve.--Section 1063(a) of title
10, United States Code, is amended by striking the period at
the end of the first sentence and all that follows and
inserting ``in that calendar year.''.
(b) Certain Other Persons.--Section 1064 of such title is
amended by striking ``for 24 days each calendar year''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2004, as follows:
(1) The Army, 480,000.
(2) The Navy, 373,800.
(3) The Marine Corps, 175,000.
(4) The Air Force, 359,300.
SEC. 402. INCREASED MAXIMUM PERCENTAGE OF GENERAL AND FLAG
OFFICERS ON ACTIVE DUTY AUTHORIZED TO BE
SERVING IN GRADES ABOVE BRIGADIER GENERAL AND
REAR ADMIRAL (LOWER HALF).
Section 525(a) of title 10, United States Code, is amended
by striking ``50 percent'' both places it appears and
inserting ``55 percent''.
SEC. 403. EXTENSION OF CERTAIN AUTHORITIES RELATING TO
MANAGEMENT OF NUMBERS OF GENERAL AND FLAG
OFFICERS IN CERTAIN GRADES.
(a) Senior Joint Officer Positions.--Section 604(c) of
title 10, United States Code, is amended by striking
``December 31, 2004'' and inserting ``December 31, 2005''.
(b) Distribution of Officers on Active Duty in General and
Flag Officer Grades.--Section 525(b)(5)(C) of such title is
amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(c) Authorized Strength for General and Flag Officers on
Active Duty.--Section 526(b)(3) of such title is amended by
striking ``December 31, 2004'' and inserting ``December 31,
2005''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2004, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 85,900.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 107,000.
(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.
[[Page S6095]]
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2004, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 25,599.
(2) The Army Reserve, 14,374.
(3) The Naval Reserve, 14,384.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 12,191.
(6) The Air Force Reserve, 1,660.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2004 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army Reserve, 6,699.
(2) For the Army National Guard of the United States,
24,589.
(3) For the Air Force Reserve, 9,991.
(4) For the Air National Guard of the United States,
22,806.
SEC. 414. FISCAL YEAR 2004 LIMITATIONS ON NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--(1) Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the
number of non-dual status technicians employed by the
National Guard as of September 30, 2004, may not exceed the
following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) The number of non-dual status technicians employed by
the Army Reserve as of September 30, 2004, may not exceed
895.
(3) The number of non-dual status technicians employed by
the Air Force Reserve as of September 30, 2004, may not
exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
the term in section 10217(a) of title 10, United States Code.
Subtitle C--Other Matters Relating to Personnel Strengths
SEC. 421. REVISION OF PERSONNEL STRENGTH AUTHORIZATION AND
ACCOUNTING PROCESS.
(a) Annual Authorization of Strengths.--Subsection (a) of
section 115 of title 10, United States Code, is amended to
read as follows:
``(a) Congress shall authorize personnel strength levels
for each fiscal year for each of the following:
``(1) The average strength for each of the armed forces
(other than the Coast Guard) for active-duty personnel who
are to be paid from funds appropriated for active-duty
personnel.
``(2) The average strength for each of the armed forces
(other than the Coast Guard) for active-duty personnel and
full-time National Guard duty personnel who are to be paid
from funds appropriated for reserve personnel.
``(3) The average strength for the Selected Reserve of each
reserve component of the armed forces.''.
(b) Limitation on Use of Funds.--Subsection (b) of such
section is amended by striking ``end strength'' in paragraphs
(1) and (2) and inserting ``strength''.
(c) Authority of Secretary of Defense To Vary Strengths.--
Subsection (c) of such section is amended--
(1) by striking ``end strength'' each place it appears and
inserting ``strength'';
(2) in paragraph (1), by striking ``subsection (a)(1)(A)''
and inserting ``subsection (a)(1)'';
(3) in paragraph (2), by striking ``subsection (a)(1)(B)''
and inserting ``subsection (a)(2)''; and
(4) in paragraph (3), by striking ``subsection (a)(2)'' and
inserting ``subsection (a)(3)''.
(d) Counting Personnel.--Subsection (d) of such section is
amended--
(1) by striking ``end-strengths authorized pursuant to
subsection (a)(1)'' and inserting ``strengths authorized
pursuant to paragraphs (1) and (2) of subsection (a)''; and
(2) in paragraph (9)(B), by striking ``subsection
(a)(1)(A)'' and inserting ``subsection (a)(1)''.
(e) Navy Strength When Augmented by Coast Guard.--
Subsection (e) of such section is amended by striking
``subsection (a)(1)'' and inserting ``paragraphs (1) and (2)
of subsection (a)''.
(f) Authority of Secretaries of Military Departments To
Vary Strengths.--Subsection (f) of such section is amended--
(1) by striking ``end strength'' both places it appears and
inserting ``strength''; and
(2) by striking ``subsection (a)(1)(A)'' in the first
sentence and inserting ``subsection (a)(1)''.
(g) Authorization of Strengths for Dual Status Military
Technicians.--Subsection (g) of such section is amended by
striking ``end strength'' both places it appears and
inserting ``strength''.
(h) Conforming Amendments.--(1) Section 168(f)(1)(A) of
title 10, United States Code, is amended by striking ``end
strength for active-duty personnel authorized pursuant to
section 115(a)(1)'' and inserting ``strengths for active-duty
personnel authorized pursuant to paragraphs (1) and (2) of
section 115(a)''.
(2) Section 691(f) of such title is amended by striking
``section 115(a)(1)'' and inserting ``paragraphs (1) and (2)
of section 115(a)''.
(3) Section 3201(b) of such title is amended by striking
``section 115(a)(1)'' and inserting ``paragraphs (1) and (2)
of section 115(a)''.
(4)(A) Section 10216 of such title is amended--
(i) by striking ``end strengths'' in subsections (b)(1) and
(c)(1) and inserting ``strengths''; and
(ii) by striking ``end strength'' each place it appears in
subsection (c)(2)(A) and inserting ``strength''.
(B) The heading for subsection (c) is amended by striking
``End''.
(5) Section 12310(c)(4) of such title is amended by
striking ``end strength authorizations required by section
115(a)(1)(B) and 115(a)(2)'' and inserting ``strength
authorizations required by paragraphs (2) and (3) of section
115(a)''.
(6) Section 16132(d) of such title is amended by striking
``end strength required to be authorized each year by section
115(a)(1)(B)'' in the second sentence and inserting
``strength required to be authorized each year by section
115(a)(2)''.
(7) Section 112 of title 32, United States Code, is
amended--
(A) in subsection (e)--
(i) in the heading, by striking ``End-Strength'' and
inserting ``Strength''; and
(ii) by striking ``end strength'' and inserting
``strength'';
(B) in subsection (f)--
(i) in the heading, by striking ``End Strength'' and
inserting ``Strength''; and
(ii) in paragraph (2), by striking ``end strength'' and
inserting ``strength''; and
(C) in subsection (g)(1), by striking ``end strengths'' and
inserting ``strengths''.
SEC. 422. EXCLUSION OF RECALLED RETIRED MEMBERS FROM CERTAIN
STRENGTH LIMITATIONS DURING PERIOD OF WAR OR
NATIONAL EMERGENCY.
(a) Annual Authorized End Strengths.--Section 115(d) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(12) Members of the armed forces ordered to active duty
under section 688 of this title during any period of war
declared by Congress or any period of national emergency
declared by Congress or the President in which members of a
reserve component are serving on active duty pursuant to an
order to active duty under section 12301 or 12302 of this
title, for so long as the members ordered to active duty
under such section 688 continue to serve on active duty
during the period of the war or national emergency and the
one-year period beginning on the date of the termination of
the war or national emergency, as the case may be.''
(b) Strength Limitations for Officers in Pay Grades O-4
Through O-6.--Section 523(b) of such title is amended by
adding at the end the following new paragraph:
``(8) Officers ordered to active duty under section 688 of
this title during any period of war declared by Congress or
any period of national emergency declared by Congress or the
President in which members of a reserve component are serving
on active duty pursuant to an order to active duty under
section 12301 or 12302 of this title, for so long as the
members ordered to active duty under such section 688
continue to serve on active duty during the period of the war
or national emergency and the one-year period beginning on
the date of the termination of the war or national emergency,
as the case may be.''.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2004 a total of $99,194,206,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2004.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. RETENTION OF HEALTH PROFESSIONS OFFICERS TO FULFILL
ACTIVE DUTY SERVICE OBLIGATIONS FOLLOWING
FAILURE OF SELECTION FOR PROMOTION.
(a) In General.--Subsection (a) of section 632 of title 10,
United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(4) if the officer is a health professions officer
described in subsection (c) who, as of the date of discharge
determined for the officer under paragraph (1), has not
completed an active duty service obligation incurred by the
officer under section 2005, 2114, 2123, or 2603 of this
title, be retained on active duty until the officer completes
the active duty service for which obligated, unless the
Secretary concerned determines that the completion of the
service obligation by the officer is not in the best interest
of the Army, Navy, Air Force, or Marine Corps, as the case
may be.''.
(b) Covered Health Professions Officers.--Section 632 of
such title is amended
[[Page S6096]]
by adding at the end the following new subsection:
``(c) Health Professions Officers.--Subsection (a)(4)
applies to the following officers:
``(1) A medical officer.
``(2) A dental officer.
``(3) Any other officer appointed in a medical skill (as
defined in regulations prescribed by the Secretary of
Defense).''.
(c) Technical Amendment.--Subsection (a)(3) of such section
is amended by striking ``clause (1)'' and inserting
``paragraph (1)''.
SEC. 502. ELIGIBILITY FOR APPOINTMENT AS CHIEF OF ARMY
VETERINARY CORPS.
(a) Appointment From Among Members of the Corps.--Section
3084 of title 10, United States Code, is amended by inserting
after ``The Chief of the Veterinary Corps of the Army'' the
following: ``shall be appointed from among officers of the
Veterinary Corps. The Chief of the Veterinary Corps''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to appointments of the Chief of the Veterinary
Corps of the Army that are made on or after the date of the
enactment of this Act.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. EXPANDED AUTHORITY FOR USE OF READY RESERVE IN
RESPONSE TO TERRORISM.
Section 12304(b)(2) of title 10, United States Code, is
amended by striking ``catastrophic''.
SEC. 512. STREAMLINED PROCESS FOR CONTINUING OFFICERS ON THE
RESERVE ACTIVE-STATUS LIST.
(a) Continuation.--Section 14701 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``by a selection board
convened under section 14101(b) of this title'' and inserting
``under regulations prescribed under subsection (b)'';
(B) in paragraph (6), by striking ``as a result of the
convening of a selection board under section 14101(b) of this
title'';
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).
(b) Conforming Amendments.--Subsection (b) of section 14101
of such title is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
SEC. 513. NATIONAL GUARD OFFICERS ON ACTIVE DUTY IN COMMAND
OF NATIONAL GUARD UNITS.
(a) Continuation in State Status.--Subsection (a) of
section 325 of title 32, United States Code, is amended--
(1) by striking ``(a) Each'' and inserting ``(a) Relief
Required.--(1) Except as provided in paragraph (2), each'';
and
(2) by adding at the end the following new paragraph:
``(2) An officer of the Army National Guard of the United
States or the Air National Guard of the United States is not
relieved from duty in the National Guard of his State or
Territory, or of Puerto Rico or the District of Columbia,
under paragraph (1) while serving on active duty in command
of a National Guard unit if--
``(A) the President authorizes such service in both duty
statuses; and
``(B) the Governor of his State or Territory or Puerto
Rico, or the Commanding General of the District of Columbia
National Guard, as the case may be, consents to such service
in both duty statuses.''.
(b) Format Amendment.--Subsection (b) of such section is
amended by inserting ``Return to State Status.--'' after
``(b)''.
Subtitle C--Revision of Retirement Authorities
SEC. 521. PERMANENT AUTHORITY TO REDUCE THREE-YEAR TIME-IN-
GRADE REQUIREMENT FOR RETIREMENT IN GRADE FOR
OFFICERS IN GRADES ABOVE MAJOR AND LIEUTENANT
COMMANDER.
Section 1370(a)(2)(A) of title 10, United States Code, is
amended by striking ``during the period beginning on October
1, 2002, and ending on December 31, 2003'' and inserting
``after September 30, 2002''.
Subtitle D--Education and Training
SEC. 531. INCREASED FLEXIBILITY FOR MANAGEMENT OF SENIOR
LEVEL EDUCATION AND POST-EDUCATION ASSIGNMENTS.
(a) Repeal of Post-Education Joint Duty Assignments
Requirement.--Subsection (d) of section 663 of title 10,
United States Code, is repealed.
(b) Repeal of Minimum Duration Requirement for Principal
Course of Instruction at the Joint Forces Staff College.--
Subsection (e) of such section is repealed.
SEC. 532. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR
CADETS AND MIDSHIPMEN RECEIVING ROTC
SCHOLARSHIPS.
(a) Financial Assistance Program for Service on Active
Duty.--Section 2107(c) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking the first sentence and
inserting the following: ``The Secretary concerned may
provide financial assistance described in paragraph (3) for a
student appointed as a cadet or midshipman by the Secretary
under subsection (a).'';
(2) in paragraph (2), by striking ``as described in
paragraph (1)'' and inserting ``as described in paragraph
(3)''; and
(3) by adding at the end the following new paragraphs:
``(3)(A) The financial assistance provided for a student
under this subsection shall be the payment of one of the two
sets of expenses selected by the Secretary, as follows:
``(i) Tuition, fees, books, and laboratory expenses.
``(ii) Expenses for room and board and any other necessary
expenses imposed by the student's educational institution for
the academic program in which the student is enrolled, which
may include any of the expenses described in clause (i).
``(B) The total amount of the financial assistance provided
for a student for an academic year under clause (ii) of
subparagraph (A) may not exceed the total amount of the
financial assistance that would otherwise have been provided
for the student for that academic year under clause (i) of
such subparagraph.
``(4) The Secretary of the military department concerned
may provide for the payment of all expenses in the
Secretary's department of administering the financial
assistance program under this section, including the payment
of expenses described in paragraph (3).''.
(b) Financial Assistance Program for Service in Troop
Program Units.--Section 2107a(c) of such title is amended to
read as follows:
``(c)(1) The Secretary of the Army may provide financial
assistance described in paragraph (2) for a student appointed
as a cadet by the Secretary under subsection (a).
``(2)(A) The financial assistance provided for a student
under this subsection shall be the payment of one of the two
sets of expenses selected by the Secretary concerned, as
follows:
``(i) Tuition, fees, books, and laboratory expenses.
``(ii) Expenses for room and board and any other necessary
expenses imposed by the student's educational institution for
the academic program in which the student is enrolled, which
may include any of the expenses described in clause (i).
``(B) The total amount of the financial assistance provided
for a student for an academic year under clause (ii) of
subparagraph (A) may not exceed the total amount of the
financial assistance that would otherwise have been provided
for the student for that academic year under clause (i) of
such subparagraph.
``(3) The Secretary may provide for the payment of all
expenses in the Department of the Army for administering the
financial assistance program under this section, including
the payment of expenses described in paragraph (2).''.
SEC. 533. ELIGIBILITY AND COST REIMBURSEMENT REQUIREMENTS FOR
PERSONNEL TO RECEIVE INSTRUCTION AT THE NAVAL
POSTGRADUATE SCHOOL.
(a) Expanded Eligibility for Enlisted Personnel.--
Subsection (a)(2) of section 7045 of title 10, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking ``this paragraph'' in the second sentence
and inserting ``this subparagraph''; and
(3) by adding at the end the following new subparagraphs:
``(B) The Secretary may permit an enlisted member of the
armed forces to receive instruction in an executive level
seminar at the Naval Postgraduate School.
``(C) The Secretary may permit an eligible enlisted member
of the armed forces to receive instruction in connection with
pursuit of a program of education in information assurance as
a participant in the Information Security Scholarship program
under chapter 112 of this title. To be eligible for
instruction under this subparagraph, the enlisted member must
have been awarded a baccalaureate degree by an institution of
higher education.''.
(b) Payment of Costs for Participants in Information
Security Scholarship Program.--Subsection (b) of such section
is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) The requirements for payment of costs and fees under
paragraph (1) shall be subject to such exceptions as the
Secretary of Defense may prescribe for members of the armed
forces who receive instruction at the Postgraduate School in
connection with pursuit of a degree or certification as
participants in the Information Security Scholarship program
under chapter 112 of this title.''.
(c) Conforming Amendments.--Paragraph (1) of such
subsection (b), as redesignated by subsection (b)(1) of this
section, is amended--
(A) in the first sentence, by striking ``officers'' and
inserting ``members of the armed forces who are''; and
(B) in the second sentence--
(i) by inserting ``under subsection (a)(2)(A)'' after ``at
the Postgraduate School''; and
(ii) by striking ``(taking into consideration the admission
of enlisted members on a space-available basis)''.
SEC. 534. ACTIONS TO ADDRESS SEXUAL MISCONDUCT AT THE SERVICE
ACADEMIES.
(a) Policy on Sexual Misconduct.--(1) The Secretary of the
Army, the Secretary of the Navy, and the Secretary of the Air
Force shall, under guidance prescribed by the Secretary of
Defense, direct the Superintendent of the United States
Military Academy, the Superintendent of the United States
Naval Academy, and the Superintendent of the
[[Page S6097]]
United States Air Force Academy, respectively, to prescribe a
policy on sexual misconduct applicable to the personnel of
the United States Military Academy, the United States Naval
Academy, and the United States Air Force Academy,
respectively.
(2) The policy on sexual misconduct prescribed for an
academy shall specify the following:
(A) Programs to promote awareness of the incidence of rape,
acquaintance rape, and other sexual offenses of a criminal
nature that involve academy personnel.
(B) Procedures that a cadet or midshipman, as the case may
be, should follow in the case of an occurrence of sexual
misconduct, including--
(i) a specification of the person or persons to whom the
alleged offense should be reported;
(ii) a specification of any other person whom the victim
should contact; and
(iii) procedures on the preservation of evidence
potentially necessary for proof of criminal sexual assault.
(C) Procedures for disciplinary action in cases of alleged
criminal sexual assault involving academy personnel.
(D) Any other sanctions authorized to be imposed in a
substantiated case of misconduct involving academy personnel
in rape, acquaintance rape, or any other criminal sexual
offense, whether forcible or nonforcible.
(E) Required training on the policy for all academy
personnel, including the specific training required for
personnel who process allegations of sexual misconduct
involving academy personnel.
(b) Annual Assessment.--(1) The Secretary of Defense,
through the Secretaries of the military departments, shall
direct each Superintendent to conduct at the academy under
the jurisdiction of the Superintendent an assessment in each
academy program year to determine the effectiveness of the
academy's policies, training, and procedures on sexual
misconduct to prevent criminal sexual misconduct involving
academy personnel.
(2) For the assessment for each of the 2004, 2005, 2006,
2007, and 2008 academy program years, the Superintendent of
the academy shall conduct a survey of all academy personnel--
(A) to measure--
(i) the incidence, in such program year, of sexual
misconduct events, on or off the academy reservation, that
have been reported to officials of the academy; and
(ii) the incidence, in such program year, of sexual
misconduct events, on or off the academy reservation, that
have not been reported to officials of the academy; and
(B) to assess the perceptions of academy personnel on--
(i) the policies, training, and procedures on sexual
misconduct involving academy personnel;
(ii) the enforcement of such policies;
(iii) the incidence of sexual misconduct involving academy
personnel in such program year; and
(iv) any other issues relating to sexual misconduct
involving academy personnel.
(c) Annual Report.--(1) The Secretary of the Army, the
Secretary of the Navy, and the Secretary of the Air Force
shall direct the Superintendent of the United States Military
Academy, the Superintendent of the United States Naval
Academy, and the Superintendent of the United States Air
Force Academy, respectively, to submit to the Secretary a
report on sexual misconduct involving academy personnel for
each of the 2004, 2005, 2006, 2007, and 2008 academy program
years.
(2) The annual report for an academy under paragraph (1)
shall contain, for the academy program year covered by the
report, the following matters:
(A) The number of sexual assaults, rapes, and other sexual
offenses involving academy personnel that have been reported
to academy officials during the program year, and the number
of the reported cases that have been substantiated.
(B) The policies, procedures, and processes implemented by
the Secretary of the military department concerned and the
leadership of the academy in response to sexual misconduct
involving academy personnel during the program year.
(C) In the report for the 2004 academy program year, a
discussion of the survey conducted under subsection (b),
together with an analysis of the results of the survey and a
discussion of any initiatives undertaken on the basis of such
results and analysis.
(D) In the report for each of the subsequent academy
program years, the results of the annual survey conducted in
such program year under subsection (b).
(E) A plan for the actions that are to be taken in the
following academy program year regarding prevention of and
response to sexual misconduct involving academy personnel.
(3) The Secretary of a military department shall transmit
the annual report on an academy under this subsection,
together with the Secretary's comments on the report, to the
Secretary of Defense and the Board of Visitors of the
academy.
(4) The Secretary of Defense shall transmit the annual
report on each academy under this subsection, together with
the Secretary's comments on the report to, the Committees on
Armed Services of the Senate and the House of
Representatives.
(5) The report for the 2004 academy program year for an
academy shall be submitted to the Secretary of the military
department concerned not later than one year after the date
of the enactment of this Act.
(6) In this subsection, the term ``academy program year''
with respect to a year, means the academy program year that
ends in that year.
Subtitle E--Decorations, Awards, and Commendations
(reserved)
Subtitle F--Military Justice
SEC. 551. EXTENDED LIMITATION PERIOD FOR PROSECUTION OF CHILD
ABUSE CASES IN COURTS-MARTIAL.
Section 843(b) of title 10, United States Code (article 43
of the Uniform Code of Military Justice) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) A person charged with having committed a child
abuse offense against a child is liable to be tried by court-
martial if the sworn charges and specifications are received
before the child reaches the age of 25 years by an officer
exercising summary court-martial jurisdiction with respect to
that person.
``(B) In subparagraph (A), the term `child abuse offense'
means an act that involves sexual or physical abuse of a
person under 16 years of age and constitutes any of the
following offenses:
``(i) Rape or carnal knowledge in violation of section 920
of this title (article 120).
``(ii) Maiming in violation of section 924 of this title
(article 124).
``(iii) Sodomy in violation of section 925 of this title
(article 126).
``(iv) Aggravated assault or assault consummated by a
battery in violation of section 928 of this title (article
128).
``(v) Indecent assault, assault with intent to commit
murder, voluntary manslaughter, rape, or sodomy, or indecent
acts or liberties with a child in violation of section 934 of
this title (article 134).''.
SEC. 552. CLARIFICATION OF BLOOD ALCOHOL CONTENT LIMIT FOR
THE OFFENSE UNDER THE UNIFORM CODE OF MILITARY
JUSTICE OF DRUNKEN OPERATION OF A VEHICLE,
AIRCRAFT, OR VESSEL.
Section 911 of title 10, United States Code (article 111 of
the Uniform Code of Military Justice), is amended--
(1) in subsection (a)(2), by striking ``is in excess of''
and inserting ``is equal to or exceeds''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking subparagraph (A) and
inserting the following:
``(A) In the case of the operation or control of a vehicle,
aircraft, or vessel in the United States, such limit is the
lesser of--
``(i) the blood alcohol content limit under the law of the
State in which the conduct occurred, except as may be
provided under paragraph (2) for conduct on a military
installation that is in more than one State; or
``(ii) the blood alcohol content limit specified in
paragraph (3).''; and
(B) by striking ``maximum'' in paragraphs (1)(B) and (3).
Subtitle G--Other Matters
SEC. 561. HIGH-TEMPO PERSONNEL MANAGEMENT AND ALLOWANCE.
(a) Deployment Management.--Section 991(a) of title 10,
United States Code, is amended to read as follows:
``(a) Management Responsibilities.--(1) The deployment (or
potential deployment) of a member of the armed forces shall
be managed to ensure that the member is not deployed, or
continued in a deployment, on any day on which the total
number of days on which the member has been deployed out of
the preceding 365 days would exceed the maximum number of
deployment days prescribed for the purposes of this section
by the Under Secretary of Defense for Personnel and
Readiness. The maximum number of deployment days so
prescribed may not exceed 220 days.
``(2) A member may be deployed, or continued in a
deployment, without regard to paragraph (1) if such
deployment, or continued deployment, is approved by--
``(A) a member of the Senior Executive Service designated
by the Secretary of Defense to do so; or
``(B) the first officer in the member's chain of command
who is--
``(i) a general officer or, in the case of the Navy, an
officer in a grade above captain; or
``(ii) a colonel or, in the case of the Navy, a captain who
is recommended for promotion to brigadier general or rear
admiral, respectively, in a report of a selection board
convened under section 611(a) or 14101(a) of this title that
has been approved by the President.''.
(b) High-Tempo Allowance.--(1) Subsection (a) of section
436 of title 37, United States Code, is amended to read as
follows:
``(a) Monthly Allowance.--The Secretary of the military
department concerned shall pay a high-tempo allowance to a
member of the armed forces under the Secretary's jurisdiction
for the following months:
``(1) Each month during which the member is deployed and
has, as of any day during that month, been deployed--
``(A) for at least the number of days out of the preceding
730 days that is prescribed for the purpose of this
subparagraph by the Under Secretary of Defense for Personnel
and Readiness, except that the number of days so prescribed
may not be more than 401 days; or
``(B) at least the number of consecutive days that is
prescribed for the purpose of this subparagraph by the Under
Secretary of
[[Page S6098]]
Defense for Personnel and Readiness, except that the number
of days so prescribed may not be more than 191 days.
``(2) Each month that includes a day on which the member
serves on active duty pursuant to a call or order to active
duty for a period of more than 30 days under a provision of
law referred to in section 101(a)(13)(B) of title 10, if such
period begins within one year after the date on which the
member was released from previous service on active duty for
a period of more than 30 days under a call or order issued
under such a provision of law.''.
(2) Subsection (c) of such section is amended to read as
follows:
``(c) Monthly Amount.--The Secretary of Defense shall
prescribe the amount of the monthly allowance payable to a
member under this section. The amount may not exceed
$1,000.''.
(3) Such section is further amended by adding at the end
the following new subsection:
``(g) Service in Exempted Duty Positions.--(1) Except as
provided in paragraph (2), a member is not eligible for the
high-tempo allowance under this section while serving in a
duty position designated as exempt for the purpose of this
subsection by the Secretary concerned with the approval of
the Under Secretary of Defense for Personnel and Readiness.
``(2) A designation of a duty position as exempt under
paragraph (1) does not terminate the eligibility for the
high-tempo allowance under this section of a member serving
in the duty position at the time the designation is made.
``(h) Payment From Operation and Maintenance Funds.--The
monthly allowance payable to a member under this section
shall be paid from appropriations available for operation and
maintenance for the armed force in which the member
serves.''.
(4) Such section is further amended--
(A) in subsections (d) and (e), by striking ``high-
deployment per diem'' and inserting ``high-tempo allowance'';
and
(B) in subsection (f)--
(i) by striking ``per diem'' and inserting ``allowance'';
and
(ii) by striking ``day on which'' and inserting ``month
during which''.
(5)(A) The heading of such section is amended to read as
follows:
``Sec. 436. High-tempo allowance: lengthy or numerous
deployments; frequent mobilizations''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 7 of such title is
amended to read as follows:
``436. High-tempo allowance: lengthy or numerous deployments; frequent
mobilizations.''
(c) Modified Reporting Requirement.--Section 487(b)(5) of
title 10, United States Code, is amended to read as follows:
``(5) For each of the armed forces, the description shall
indicate the number of members who received the high-tempo
allowance under section 436 of title 37, the total number of
months for which the allowance was paid to members, and the
total amount spent on the allowance.''.
SEC. 562. ALTERNATE INITIAL MILITARY SERVICE OBLIGATION FOR
PERSONS ACCESSED UNDER DIRECT ENTRY PROGRAM.
(a) Requirement for Program.--The Secretary of Defense
shall carry out a direct entry program for persons with
critical military skills who enter the Armed Forces for an
initial period of service in the Armed Forces.
(b) Eligible Persons.--The Secretary shall prescribe the
eligibility requirements for entering the Armed Forces under
the direct entry program carried out under this section. The
Secretary may limit eligibility as the Secretary determines
appropriate to meet the needs of the Armed Forces.
(c) Critical Military Skills.--The Secretary shall
designate the military skills that are critical military
skills for the purposes of this section.
(d) Initial Service Obligation.--(1) The Secretary shall
prescribe the period of initial service in the Armed Forces
that is to be required of a person entering the Armed Forces
under the direct entry program. The period may not be less
than three years.
(2) Section 651(a) of title 10, United States Code, shall
not apply to a person who enters the Armed Forces under the
direct entry program.
(e) Reports.--(1) Not later than 30 days after the direct
entry program commences under this section, the Secretary
shall submit a report on the establishment of the program to
the Committees on Armed Services of the Senate and the House
of Representatives. The report shall include the following:
(A) A list of the military skills designated as critical
military skills for the purposes of this section.
(B) The eligibility requirements for entering the Armed
Forces under the program.
(C) A detailed discussion of the other features of the
program.
(2) Whenever the list of critical military skills is
revised, the Secretary shall promptly submit the revised list
to the committees referred to in paragraph (1).
(3) The Secretary shall submit a final report on the
program to Congress not later than 180 days after the date on
which the direct entry program terminates under subsection
(f). The report shall include the Secretary's assessment of
the effectiveness of the direct entry program for recruiting
personnel with critical military skills for the Armed Forces.
(f) Period of Program.--The direct entry program under this
section shall commence on October 1, 2003, and shall
terminate on September 30, 2005.
SEC. 563. POLICY ON CONCURRENT DEPLOYMENT TO COMBAT ZONES OF
BOTH MILITARY SPOUSES OF MILITARY FAMILIES WITH
MINOR CHILDREN.
(a) Publication of Policy.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall--
(1) prescribe the policy of the Department of Defense on
concurrent deployment to a combat zone of both spouses of a
dual-military family with one or more minor children; and
(2) transmit the policy to the Committees on Armed Services
of the Senate and the House of Representatives.
(b) Dual-Military Family Defined.--In this section, the
term ``dual-military family'' means a family in which both
spouses are members of the Armed Forces.
SEC. 564. ENHANCEMENT OF VOTING RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES.
(a) Standard for Invalidation of Ballots Cast by Absent
Uniformed Services Voters in Federal Elections.--.(1) Section
102 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-1) is amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (b) the following new
subsection (c):
``(c) Standards for Invalidation of Certain Ballots.--
``(1) In general.--A State may not refuse to count a ballot
submitted in an election for Federal office by an absent
uniformed services voter--
``(A) solely on the grounds that the ballot lacked--
``(i) a notarized witness signature;
``(ii) an address (other than on a Federal write-in
absentee ballot, commonly known as `SF186');
``(iii) a postmark if there are any other indicia that the
vote was cast in a timely manner; or
``(iv) an overseas postmark; or
``(B) solely on the basis of a comparison of signatures on
ballots, envelopes, or registration forms unless there is a
lack of reasonable similarity between the signatures.
``(2) No effect on filing deadlines under state law.--
Nothing in this subsection may be construed to affect the
application to ballots submitted by absent uniformed services
voters of any ballot submission deadline applicable under
State law.''.
(2) The amendments made by paragraph (1) shall apply with
respect to ballots described in section 102(c) of the
Uniformed and Overseas Citizens Absentee Voting Act, as added
by paragraph (1), that are submitted with respect to
elections that occur after the date of the enactment of this
Act.
(b) Maximization of Access of Recently Separated Uniformed
Services Voters to the Polls.--(1) Section 102(a) of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-1) is amended--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(6) in addition to using the postcard form for the
purpose described in paragraph (4), accept and process any
otherwise valid voter registration application submitted by a
uniformed service voter for the purpose of voting in an
election for Federal office; and
``(7) permit each recently separated uniformed services
voter to vote in any election for which a voter registration
application has been accepted and processed under this
section if that voter--
``(A) has registered to vote under this section; and
``(B) is eligible to vote in that election under State
law.''.
(2) The amendments made by paragraph (1) shall apply with
respect to elections for Federal office that occur after the
date of the enactment of this Act.
(c) Definitions.--Section 107 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is
amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(9) and (11), respectively;
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) `recently separated uniformed services voter' means
any individual who was a uniformed services voter on the date
that is 60 days before the date on which the individual seeks
to vote and who--
``(A) presents to the election official Department of
Defense form 214 evidencing the individual's former status as
such a voter, or any other official proof of such status;
``(B) is no longer such a voter; and
``(C) is otherwise qualified to vote in that election;'';
and
(3) by inserting after paragraph (9), as so redesignated,
the following new paragraph:
``(10) `uniformed services voter' means--
``(A) a member of a uniformed service in active service;
``(B) a member of the merchant marine; and
``(C) a spouse or dependent of a member referred to in
subparagraph (A) or (B) who is qualified to vote; and''.
[[Page S6099]]
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2004.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2004 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2004,
the rates of monthly basic pay for members of the uniformed
services within each pay grade are as follows:
COMMISSIONED OFFICERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 7,751.10 8,004.90 8,173.20 8,220.60 8,430.30
O-7............. 6,440.70 6,739.80 6,878.40 6,988.50 7,187.40
O-6............. 4,773.60 5,244.30 5,588.40 5,588.40 5,609.70
O-5............. 3,979.50 4,482.90 4,793.40 4,851.60 5,044.80
O-4............. 3,433.50 3,974.70 4,239.90 4,299.00 4,545.30
O-3 \3\......... 3,018.90 3,422.40 3,693.90 4,027.20 4,220.10
O-2 \3\......... 2,608.20 2,970.60 3,421.50 3,537.00 3,609.90
O-1 \3\......... 2,264.40 2,356.50 2,848.50 2,848.50 2,848.50
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 8,781.90 8,863.50 9,197.10 9,292.80 9,579.90
O-7............. 7,384.20 7,611.90 7,839.00 8,066.70 8,781.90
O-6............. 5,850.00 5,882.10 5,882.10 6,216.30 6,807.30
O-5............. 5,161.20 5,415.90 5,602.80 5,844.00 6,213.60
O-4............. 4,809.30 5,137.80 5,394.00 5,571.60 5,673.60
O-3 \3\......... 4,431.60 4,568.70 4,794.30 4,911.30 4,911.30
O-2 \3\......... 3,609.90 3,609.90 3,609.90 3,609.90 3,609.90
O-1 \3\......... 2,848.50 2,848.50 2,848.50 2,848.50 2,848.50
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-10 \2\........ $0.00 $12,524.7 $12,586.2 $12,847.8 $13,303.80
0 0 0
O-9............. 0.00 10,954.50 11,112.30 11,340.30 11,738.40
O-8............. 9,995.70 10,379.10 10,635.30 10,635.30 10,635.30
O-7............. 9,386.10 9,386.10 9,386.10 9,386.10 9,433.50
O-6............. 7,154.10 7,500.90 7,698.30 7,897.80 8,285.40
O-5............. 6,389.70 6,563.40 6,760.80 6,760.80 6,760.80
O-4............. 5,733.00 5,733.00 5,733.00 5,733.00 5,733.00
O-3 \3\......... 4,911.30 4,911.30 4,911.30 4,911.30 4,911.30
O-2 \3\......... 3,609.50 3,609.50 3,609.50 3,609.50 3,609.50
O-1 \3\......... 2,848.50 2,848.50 2,848.50 2,848.50 2,848.50
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for commissioned officers in pay grades O-7
through O-10 may not exceed the rate of pay for level III of the
Executive Schedule and the actual rate of basic pay for all other
officers may not exceed the rate of pay for level V of the Executive
Schedule.
\2\ Subject to the preceding footnote, the rate of basic pay for an
officer in this grade while serving as Chairman or Vice Chairman of
the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, Commandant of the Coast Guard, or commander of a unified or
specified combatant command (as defined in section 161(c) of title 10,
United States Code) is $14,634.20, regardless of cumulative years of
service computed under section 205 of title 37, United States Code.
\3\ This table does not apply to commissioned officers in pay grade O-1,
O-2, or O-3 who have been credited with over 4 years of active duty
service as an enlisted member or warrant officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-3E............ $0.00 $0.00 $0.00 $4,027.20 $4,220.10
O-2E............ 0.00 0.00 0.00 3,537.00 3,609.90
O-1E............ 0.00 0.00 0.00 2,848.50 3,042.30
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-3E............ $4,431.60 $4,568.70 $4,794.30 $4,984.20 $5,092.80
O-2E............ 3,724.80 3,918.60 4,068.60 4,180.20 4,180.20
O-1E............ 3,154.50 3,269.40 3,382.20 3,537.00 3,537.00
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-3E............ $5,241.30 $5,241.30 $5,241.30 $5,241.30 $5,241.30
O-2E............ 4,180.20 4,180.20 4,180.20 4,180.20 4,180.20
O-1E............ 3,537.00 3,537.00 3,537.00 3,537.00 3,537.00
------------------------------------------------------------------------
WARRANT OFFICERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,119.40 3,355.80 3,452.40 3,547.20 3,710.40
W-3.............. 2,848.80 2,967.90 3,089.40 3,129.30 3,257.10
[[Page S6100]]
W-2.............. 2,505.90 2,649.00 2,774.10 2,865.30 2,943.30
W-1.............. 2,212.80 2,394.00 2,515.20 2,593.50 2,802.30
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,871.50 4,035.00 4,194.30 4,359.00 4,617.30
W-3.............. 3,403.20 3,595.80 3,786.30 3,988.80 4,140.60
W-2.............. 3,157.80 3,321.60 3,443.40 3,562.20 3,643.80
W-1.............. 2,928.30 3,039.90 3,164.70 3,247.20 3,321.90
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
W-5.............. $0.00 $5,360.70 $5,544.30 $5,728.80 $5,914.20
W-4.............. 4,782.60 4,944.30 5,112.00 5,277.00 5,445.90
W-3.............. 4,291.80 4,356.90 4,424.10 4,570.20 4,716.30
W-2.............. 3,712.50 3,843.00 3,972.60 4,103.70 4,103.70
W-1.............. 3,443.70 3,535.80 3,535.80 3,535.80 3,535.80
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for warrant officers may not exceed the rate
of pay for level V of the Executive Schedule.
ENLISTED MEMBERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-9 \2\.......... $0.00 $0.00 $0.00 $0.00 $0.00
E-8.............. 0.00 0.00 0.00 0.00 0.00
E-7.............. 2,145.00 2,341.20 2,430.60 2,549.70 2,642.10
E-6.............. 1,855.50 2,041.20 2,131.20 2,218.80 2,310.00
E-5.............. 1,700.10 1,813.50 1,901.10 1,991.10 2,130.60
E-4.............. 1,558.20 1,638.30 1,726.80 1,814.10 1,891.50
E-3.............. 1,407.00 1,495.50 1,585.50 1,585.50 1,585.50
E-2.............. 1,337.70 1,337.70 1,337.70 1,337.70 1,337.70
E-1 \3\.......... 1,193.40 1,193.40 1,193.40 1,193.40 1,193.40
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-9 \2\.......... $0.00 $3,769.20 $3,854.70 $3,962.40 $4,089.30
E-8.............. 3,085.50 3,222.00 3,306.30 3,407.70 3,517.50
E-7.............. 2,801.40 2,891.10 2,980.20 3,139.80 3,219.60
E-6.............. 2,516.10 2,596.20 2,685.30 2,763.30 2,790.90
E-5.............. 2,250.90 2,339.70 2,367.90 2,367.90 2,367.90
E-4.............. 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50
E-3.............. 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50
E-2.............. 1,337.70 1,337.70 1,337.70 1,337.70 1,337.70
E-1 \3\.......... 1,193.40 1,193.40 1,193.40 1,193.40 1,193.40
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-9 \2\.......... $4,216.50 $4,421.10 $4,594.20 $4,776.60 $5,054.70
E-8.............. 3,715.50 3,815.70 3,986.40 4,081.20 4,314.30
E-7.............. 3,295.50 3,341.70 3,498.00 3,599.10 3,855.00
E-6.............. 2,809.80 2,809.80 2,809.80 2,809.80 2,809.80
E-5.............. 2,367.90 2,367.90 2,367.90 2,367.90 2,367.90
E-4.............. 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50
E-3.............. 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50
E-2.............. 1,337.70 1,337.70 1,337.70 1,337.70 1,337.70
E-1 \3\.......... 1,193.40 1,193.40 1,193.40 1,193.40 1,193.40
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for enlisted members may not exceed the rate
of pay for level V of the Executive Schedule.
\2\ Subject to the preceding footnote, the rate of basic pay for an
enlisted member in this grade while serving as Sergeant Major of the
Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of
the Air Force, Sergeant Major of the Marine Corps, or Master Chief
Petty Officer of the Coast Guard, is $6,090.90, regardless of
cumulative years of service computed under section 205 of title 37,
United States Code.
\3\ In the case of members in pay grade E-1 who have served less than 4
months on active duty, the rate of basic pay is $1,104.00.
SEC. 602. REVISED ANNUAL PAY ADJUSTMENT PROCESS.
(a) Requirement for Annual Adjustment.--Subsection (a) of
section 1009 of title 37, United States Code, is amended to
read as follows:
``(a) Requirement for Annual Adjustment.--Effective on
January 1 of each year, the rates of basic pay for members of
the uniformed services under section 203(a) of this title
shall be increased under this section.''.
(b) Effectiveness of Adjustment.--Subsection (b) of such
section is amended by striking ``shall--'' and all that
follows and inserting ``shall have the force and effect of
law.''.
(c) Percentage of Adjustment.--Subsection (c) of such
section is amended to read as follow:
``(c) Equal Percentage Increase for All Members.--(1) An
adjustment made under this section in a year shall provide
all eligible members with an increase in the monthly basic
pay that is the percentage (rounded to the nearest one-tenth
of 1 percent) by which the ECI for the base quarter of the
year before the preceding year exceeds the ECI for the base
quarter of the second year before the preceding calendar year
(if at all).
``(2) Notwithstanding paragraph (1), but subject to
subsection (d), the percentage of the adjustment taking
effect under this section during each of fiscal years 2004,
2005, and 2006, shall be one-half of 1 percentage point
higher than the percentage that would otherwise be applicable
under such paragraph.''.
(d) Repeal of Allocation Authority.--Such section is
further amended--
(1) by striking subsections (d), (e), and (g); and
(2) redesignating subsection (f) as subsection (d).
(e) Presidential Determination of Need for Alternative Pay
Adjustment.--Such
[[Page S6101]]
section, as amended by subsection (d), is further amended
adding at the end the following new subsection:
``(e) Presidential Determination of Need for Alternative
Pay Adjustment.--(1) If, because of national emergency or
serious economic conditions affecting the general welfare,
the President considers the pay adjustment which would
otherwise be required by this section in any year to be
inappropriate, the President shall prepare and transmit to
Congress before September 1 of the preceding year a plan for
such alternative pay adjustments as the President considers
appropriate, together with the reasons therefor.
``(2) In evaluating an economic condition affecting the
general welfare under this subsection, the President shall
consider pertinent economic measures including the Indexes of
Leading Economic Indicators, the Gross National Product, the
unemployment rate, the budget deficit, the Consumer Price
Index, the Producer Price Index, the Employment Cost Index,
and the Implicit Price Deflator for Personal Consumption
Expenditures.
``(3) The President shall include in the plan submitted to
Congress under paragraph (1) an assessment of the impact that
the alternative pay adjustments proposed in the plan would
have on the Government's ability to recruit and retain well-
qualified persons for the uniformed services.''.
(f) Definitions.--Such section, as amended by subsection
(e), is further amended by adding at the end the following:
``(f) Definitions.--In this section:
``(1) The term `ECI' means the Employment Cost Index (wages
and salaries, private industry workers) published quarterly
by the Bureau of Labor Statistics.
``(2) The term `base quarter' for any year is the 3-month
period ending on September 30 of such year.''.
SEC. 603. COMPUTATION OF BASIC PAY RATE FOR COMMISSIONED
OFFICERS WITH PRIOR ENLISTED OR WARRANT OFFICER
SERVICE.
Section 203(d)(2) of title 37, United States Code, is
amended--
(1) in subparagraph (A), by striking ``enlisted member,''
and all that follows through the period and inserting
``enlisted member.''; and
(2) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Service as a warrant officer, as an enlisted member,
or as a warrant officer and an enlisted member, for which at
least 1,460 points have been credited to the officer for the
purposes of section 12732(a)(2) of title 10.''.
SEC. 604. PILOT PROGRAM OF MONTHLY SUBSISTENCE ALLOWANCE FOR
NON-SCHOLARSHIP SENIOR ROTC MEMBERS COMMITTING
TO CONTINUE ROTC PARTICIPATION -AS SOPHOMORES.
(a) Authority.--Section 209 of title 37, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Non-Scholarship Senior ROTC Members Not in Advanced
Training.--(1) A member of the Senior Reserve Officers'
Training Corps described in subsection (b) is entitled to a
monthly subsistence allowance at a rate prescribed under
subsection (a).
``(2) To be entitled to receive a subsistence allowance
under this subsection, a member must--
``(A) be a citizen of the United States;
``(B) enlist in an armed force under the jurisdiction of
the Secretary of the military department concerned for the
period prescribed by the Secretary;
``(C) contract, with the consent of his parent or guardian
if he is a minor, with the Secretary of the military
department concerned, or his designated representative, to
serve for the period required by the program;
``(D) agree in writing that he will accept an appointment,
if offered, as a commissioned officer in the Army, Navy, Air
Force, or Marine Corps, as the case may be, and that he will
serve in the armed forces for the period prescribed by the
Secretary;
``(E) successfully complete the first year of a four-year
Senior Reserve Officers' Training Corps course;
``(F) not be eligible for advanced training under section
2104 of title 10;
``(G) not be appointed under section 2107 of title 10; and
``(H) execute a certificate of loyalty in such form as the
Secretary of Defense prescribes or take a loyalty oath as
prescribed by the Secretary.
``(3) The first month for which a monthly subsistence
allowance is payable to a member under this subsection shall
be a month designated by the Secretary of the military
department concerned that begins after the member satisfies
the condition in subparagraph (E) of paragraph (2). Payment
of the subsistence allowance shall continue for as long as
the member continues to meet the conditions in such paragraph
and the member's obligations under the enlistment, contract,
and agreement entered into as described in such paragraph. In
no event, however, may a member receive the monthly
subsistence allowance for more than 20 months.
``(4) In this subsection, the term `program' means the
Senior Reserve Officers' Training Corps of an armed force.
``(5) No subsistence allowance may be paid under this
subsection with respect to a contract that is entered into as
described in paragraph (2)(C) after December 31, 2006.''.
(b) Effective Date.--Subsection (e) of section 209 of title
37, United States Code (as added by subsection (a)), shall
take effect on January 1, 2004.
SEC. 605. BASIC ALLOWANCE FOR HOUSING FOR EACH MEMBER MARRIED
TO ANOTHER MEMBER WITHOUT DEPENDENTS WHEN BOTH
SPOUSES ARE ON SEA DUTY.
(a) Entitlement.--Section 403(f)(2)(C) of title 37, United
States Code, is amended--
(1) in the first sentence, by striking ``are jointly
entitled to one basic allowance for housing'' and inserting
``are each entitled to a basic allowance for housing''; and
(2) by striking ``The amount of the allowance'' and all
that follows and inserting ``The amount of the allowance
payable to a member under the preceding sentence shall be
based on the without dependents rate for the pay grade of the
member.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2003.
SEC. 606. INCREASED RATE OF FAMILY SEPARATION ALLOWANCE.
(a) Rate.--Section 427(a)(1) of title 37, United States
Code, is amended by striking ``$100'' and inserting ``$250''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2003.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(f )
of title 37, United States Code, is amended by striking
``December 31, 2003'' and inserting ``December 31, 2004''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of
such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(c) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is
amended by striking ``December 31, 2003'' and inserting
``December 31, 2004''.
(d) Selected Reserve Affiliation Bonus.--Section 308e(e) of
such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(e) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of such title is amended by striking
``December 31, 2003'' and inserting ``December 31, 2004''.
(f) Prior Service Enlistment Bonus.--Section 308i(f ) of
such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR CERTAIN HEALTH CARE
PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 2003'' and inserting ``December 31,
2004''.
(b) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of such title is amended by striking ``January 1,
2004'' and inserting ``January 1, 2005''.
(c) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2003'' and inserting ``December 31,
2004''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December
31, 2003'' and inserting ``December 31, 2004''.
(e) Special Pay for Selected Reserve Health Professionals
in Critically Short Wartime Specialties.--Section 302g(f ) of
such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(f) Accession Bonus for Dental Officers.--Section
302h(a)(1) of such title is amended by striking ``December
31, 2003'' and inserting ``December 31, 2004''.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of title 37, United
States Code, is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2003''
and inserting ``December 31, 2004''.
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking
``December 31, 2003'' and inserting ``December 31, 2004''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 2003''
and inserting ``December 31, 2004''.
(c) Enlistment Bonus for Active Members.--Section 309(e) of
such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(d) Retention Bonus for Members With Critical Military
Skills.--Section 323(i) of such title is amended by striking
``December 31, 2003'' and inserting ``December 31, 2004''.
(e) Accession Bonus for New Officers in Critical Skills.--
Section 324(g) of such title
[[Page S6102]]
is amended by striking ``December 31, 2003'' and inserting
``December 31, 2004''.
SEC. 615. SPECIAL PAY FOR RESERVE OFFICERS HOLDING POSITIONS
OF UNUSUAL RESPONSIBILITY AND OF CRITICAL
NATURE.
(a) Eligibility.--Section 306 of title 37, United States
Code, is amended--
(1) in subsection (a), by inserting ``under section 201 of
this title, or the compensation under section 206 of this
title,'' after ``is entitled to the basic pay'';
(2) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) In the case of an officer who is a member of a
reserve component, special pay under subsection (a) shall be
paid at the rate of \1/30\ of the monthly rate authorized by
that subsection for each day of the performance of duties
described in that subsection.''.
(b) Limitation.--Subsection (d) of such section, as
redesignated by subsection (a)(2) of this section, is
amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following new paragraph:
``(2) Of the number of officers in the Selected Reserve of
the Ready Reserve of an armed force who are not on active
duty (other than for training), not more than 5 percent of
the number of such officers in each of the pay grades O-3 and
below, and not more than 10 percent of the number of such
officers in pay grade O-4, O-5, or O-6, may be paid special
pay under subsection (b).''.
SEC. 616. ASSIGNMENT INCENTIVE PAY FOR SERVICE IN KOREA.
(a) Authority.--(1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 307a the
following new section:
``Sec. 307b. Special pay: Korea service incentive pay
``(a) Authority.--The Secretary concerned shall pay monthly
incentive pay under this section to a member of a uniformed
service for the period that the member performs service in
Korea while entitled to basic pay.
``(b) Rate.--The monthly rate of incentive pay payable to a
member under this section is $100.
``(c) Relationship to Other Pay and Allowances.--Incentive
pay paid to a member under this section is in addition to any
other pay and allowances to which the member is entitled.
``(d) Status Not Affected by Temporary Duty or Leave.--The
service of a member in an assignment referred to in
subsection (a) shall not be considered discontinued during
any period that the member is not performing service in the
assignment by reason of temporary duty performed by the
member pursuant to orders or absence of the member for
authorized leave.
``(e) Termination of Authority.--Special pay may not be
paid under this section for months beginning after December
31, 2005.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
307a the following new item:
``307b. Special pay: Korea service incentive pay.''.
(b) Effective Date.--Section 307(b) of title 37, United
States Code (as added by subsection (a)), shall take effect
on October 1, 2003.
SEC. 617. INCREASED MAXIMUM AMOUNT OF REENLISTMENT BONUS FOR
ACTIVE MEMBERS.
(a) Maximum Amount.--Section 308(a)(2)(B) of title 37,
United States Code, is amended by striking ``$60,000'' and
inserting ``$70,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2003, and shall apply with
respect to reenlistments and extensions of enlistments that
take effect on or after that date.
SEC. 618. PAYMENT OF SELECTED RESERVE REENLISTMENT BONUS TO
MEMBERS OF SELECTED RESERVE WHO ARE MOBILIZED.
Section 308b of title 37, United States Code, is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Payment to Mobilized Members.--In the case of a
member entitled to a bonus under this section who is called
or ordered to active duty, any amount of such bonus that is
payable to the member during the period of active duty of the
member shall be paid the member during that period of active
duty without regard to the fact that the member is serving on
active duty pursuant to such call or order to active duty.''.
SEC. 619. INCREASED RATE OF HOSTILE FIRE AND IMMINENT DANGER
SPECIAL PAY.
(a) Rate.--Section 310(a) of title 37, United States Code,
is amended by striking ``$150'' and inserting ``$225''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2003.
SEC. 620. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER
SPECIAL PAY FOR RESERVE COMPONENT MEMBERS ON
INACTIVE DUTY.
(a) Expansion and Clarification of Current Law.--Section
310 of title 37, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by striking subsection (a) and inserting the following
new subsections:
``(a) Eligibility and Special Pay Amount.--Under
regulations prescribed by the Secretary of Defense, a member
of a uniformed service may be paid special pay at the rate of
$150 for any month in which--
``(1) the member was entitled to basic pay or compensation
under section 204 or 206 of this title; and
``(2) the member--
``(A) was subject to hostile fire or explosion of hostile
mines;
``(B) was on duty in an area in which the member was in
imminent danger of being exposed to hostile fire or explosion
of hostile mines and in which, during the period the member
was on duty in the area, other members of the uniformed
services were subject to hostile fire or explosion of hostile
mines;
``(C) was killed, injured, or wounded by hostile fire,
explosion of a hostile mine, or any other hostile action; or
``(D) was on duty in a foreign area in which the member was
subject to the threat of physical harm or imminent danger on
the basis of civil insurrection, civil war, terrorism, or
wartime conditions.
``(b) Continuation During Hospitalization.--A member
covered by subsection (a)(2)(C) who is hospitalized for the
treatment of the injury or wound may be paid special pay
under this section for not more than three additional months
during which the member is so hospitalized.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (c), as redesignated by subsection
(a)(1), by inserting ``Limitations and Administration.--''
before ``(1)''; and
(2) in subsection (d), as redesignated by subsection
(a)(1), by inserting ``Determinations of Fact.--'' before
``Any''.
(c) Effective Date.--Subsections (a) and (b) of section 310
of title 37, United States Code, as added by subsection
(a)(2), shall take effect as of September 11, 2001.
SEC. 621. EXPANSION OF OVERSEAS TOUR EXTENSION INCENTIVE
PROGRAM TO OFFICERS.
(a) Special Pay or Bonus for Extending Overseas Tour of
Duty.--(1) Subsections (a) and (b) of section 314 of title
37, United States Code, are amended by striking ``an enlisted
member'' and inserting ``a member''.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 314. Special pay or bonus: qualified members extending
duty at designated locations overseas''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 5 of such title is
amended to read as follows:
``314. Special pay or bonus: qualified members extending duty at
designated locations overseas.''.
(b) Rest and Recuperative Absence in Lieu of Pay or
Bonus.--(1) Subsection (a) of section 705 of title 10, United
States Code, is amended by striking ``an enlisted member''
and inserting ``a member''.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 705. Rest and recuperation absence: qualified members
extending duty at designated locations overseas''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 40 of such title is
amended to read as follows:
``705. Rest and recuperation absence: qualified members extending duty
at designated locations overseas.''.
SEC. 622. ELIGIBILITY OF WARRANT OFFICERS FOR ACCESSION BONUS
FOR NEW OFFICERS IN CRITICAL SKILLS.
(a) Eligibility.--Section 324 of title 37, United States
Code, is amended in subsections (a) and (f)(1) by inserting
``or an appointment'' after ``commission''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2003.
SEC. 623. INCENTIVE BONUS FOR CONVERSION TO MILITARY
OCCUPATIONAL SPECIALTY TO EASE PERSONNEL
SHORTAGE.
(a) In General.--Chapter 5 of title 37, United States Code,
is amended by adding at the end the following new section:
``Sec. 326. Incentive bonus: conversion to military
occupational specialty to ease personnel shortage
``(a) Incentive Bonus Authorized.--The Secretary concerned
may pay a bonus under this section to an eligible member of
the armed forces who executes a written agreement to convert
to, and serve for a period of not less than four years in, a
military occupational specialty for which there is a shortage
of trained and qualified personnel.
``(b) Eligible Members.--A member is eligible for a bonus
under this section if--
``(1) the member is entitled to basic pay; and
``(2) at the time the agreement under subsection (a) is
executed, the member is serving in--
``(A) pay grade E-6 with not more than 10 years of service
computed under section 205 of this title; or
``(B) pay grade E-5 or below, regardless of years of
service.
``(c) Amount and Payment of Bonus.--(1) A bonus under this
section may not exceed $4,000.
[[Page S6103]]
``(2) A bonus payable under this section shall be disbursed
in one lump sum when the member's conversion to the military
occupational specialty is approved by the chief personnel
officer of the member's armed force.
``(d) Relationship to Other Pay and Allowances.--A bonus
paid to a member under this section is in addition to any
other pay and allowances to which the member is entitled.
``(e) Repayment of Bonus.--(1) A member who receives a
bonus for conversion to a military occupational specialty
under this section and who, voluntarily or because of
misconduct, fails to serve in such military occupational
specialty for the period specified in the agreement shall
refund to the United States an amount that bears the same
ratio to the bonus amount paid to the member as the unserved
part of such period bears to the total period agreed to be
served.
``(2) An obligation to reimburse the United States imposed
under paragraph (1) is, for all purposes, a debt owed to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of the
agreement for which a bonus was paid under this section shall
not discharge the person signing such agreement from the debt
arising under paragraph (1).
``(4) Under regulations prescribed pursuant to subsection
(f), the Secretary concerned may waive, in whole or in part,
a refund required under paragraph (1) if the Secretary
determines that recovery would be against equity and good
conscience or would be contrary to the best interests of the
United States.
``(f) Regulations.--The Secretaries concerned shall
prescribe regulations to carry out this section. Regulations
prescribed by the Secretary of a military department shall be
subject to the approval of the Secretary of Defense.
``(g) Termination of Authority.--No agreement under this
section may be entered into after December 31, 2006.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``326. Incentive bonus: conversion to military occupational specialty
to ease personnel shortage.''.
Subtitle C--Travel and Transportation Allowances
SEC. 631. SHIPMENT OF PRIVATELY OWNED MOTOR VEHICLE WITHIN
CONTINENTAL UNITED STATES.
(a) Authority To Procure Contract for Transportation of
Motor Vehicle.--Section 2634 of title 10, United States Code,
is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) In the case of a member's change of permanent station
described in subparagraph (A) or (B) of subsection (i)(1),
the Secretary concerned may authorize the member to arrange
for the shipment of the motor vehicle in lieu of
transportation at the expense of the United States under this
section. The Secretary concerned may pay the member a
monetary allowance in lieu of transportation, as established
under section 404(d)(1) of title 37, and the member shall be
responsible for any transportation costs in excess of such
allowance.''.
(b) Allowance for Self-Procurement of Transportation of
Motor Vehicle.--Section 406(b)(1)(B) of title 37, United
States Code, is amended by adding at the end the following
new sentence: ``In the case of the transportation of a motor
vehicle arranged by the member under section 2634(h) of title
10, the Secretary concerned may pay the member, upon
presentation of proof of shipment, a monetary allowance in
lieu of transportation, as established under section
404(d)(1) of this title.''.
SEC. 632. PAYMENT OR REIMBURSEMENT OF STUDENT BAGGAGE STORAGE
COSTS FOR DEPENDENT CHILDREN OF MEMBERS
STATIONED OVERSEAS.
Section 430(b)(2) of title 37, United States Code, is
amended in the first sentence by inserting before the period
at the end the following: ``or during a different period in
the same fiscal year selected by the member''.
SEC. 633. CONTRACTS FOR FULL REPLACEMENT VALUE FOR LOSS OR
DAMAGE TO PERSONAL PROPERTY TRANSPORTED AT
GOVERNMENT EXPENSE.
(a) Authority.--Chapter 157 of title 10, United States
Code, is amended by inserting after section 2636 the
following new section:
``Sec. 2636a. Loss or damage to personal property transported
at Government expense: full replacement value; deduction
from amounts due carriers
``(a) Procurement of Coverage.--The Secretary of Defense
may include in a contract for the transportation of baggage
and household effects for members of the armed forces at
Government expense a clause that requires the carrier under
the contract to pay the full replacement value for loss or
damage to the baggage or household effects transported under
the contract.
``(b) Deduction Upon Failure of Carrier To Settle.--In the
case of a loss or damage of baggage or household effects
transported under a contract with a carrier that includes a
clause described in subsection (a), the amount equal to the
full replacement value for the baggage or household effects
may be deducted from the amount owed by the United States to
the carrier under the contract upon a failure of the carrier
to settle a claim for such loss or total damage within a
reasonable time. The amount so deducted shall be remitted to
the claimant, notwithstanding section 2636 of this title.
``(c) Inapplicability of Related Limits.--The limitations
on amounts of claims that may be settled under section
3721(b) of title 31 do not apply to a carrier's contractual
obligation to pay full replacement value under this section.
``(d) Regulations.--The Secretary of Defense shall
prescribe regulations for administering this section. The
regulations shall include policies and procedures for
validating and evaluating claims, validating proper
claimants, and determining reasonable time for settlement.
``(e) Transportation Defined.--In this section, the terms
`transportation' and `transport', with respect to baggage or
household effects, includes packing, crating, drayage,
temporary storage, and unpacking of the baggage or household
effects.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2636 the following new item:
``2636a. Loss or damage to personal property transported at Government
expense: full replacement value; deduction from amounts
due carriers.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. SPECIAL RULE FOR COMPUTATION OF RETIRED PAY BASE
FOR COMMANDERS OF COMBATANT COMMANDS.
(a) Treatment Equivalent to Chiefs of Service.--Subsection
(i) of section 1406 of title 10, United States Code, is
amended by inserting ``as a commander of a unified or
specified combatant command (as defined in section 161(c) of
this title),'' after ``Chief of Service,''.
(b) Conforming Amendment.--The heading for such subsection
is amended by inserting ``Commanders of Combatant Commands,''
after ``Chiefs of Service,''.
(c) Effective Date and Applicability.--The amendments made
by this section shall take effect on the date of the
enactment of this Act and shall apply with respect to
officers who first become entitled to retired pay under title
10, United States Code, on or after such date.
SEC. 642. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVING
SPOUSES OF RESERVES NOT ELIGIBLE FOR RETIREMENT
WHO DIE FROM A CAUSE INCURRED OR AGGRAVATED
WHILE ON INACTIVE-DUTY TRAINING.
(a) Surviving Spouse Annuity.--Paragraph (1) of section
1448(f) of title 10, United States Code, is amended to read
as follows:
``(1) Surviving spouse annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of--
``(A) a person who is eligible to provide a reserve-
component annuity and who dies--
``(i) before being notified under section 12731(d) of this
title that he has completed the years of service required for
eligibility for reserve-component retired pay; or
``(ii) during the 90-day period beginning on the date he
receives notification under section 12731(d) of this title
that he has completed the years of service required for
eligibility for reserve-component retired pay if he had not
made an election under subsection (a)(2)(B) to participate in
the Plan; or
``(B) a member of a reserve component not described in
subparagraph (A) who dies from an injury or illness incurred
or aggravated in the line of duty during inactive-duty
training.''.
(b) Conforming Amendment.--The heading for subsection (f)
of section 1448 of such title is amended by inserting ``or
Before'' after ``Dying When''.
(c) Effective Date.--The amendments made by this section
shall take effect as of September 10, 2001, and shall apply
with respect to performance of inactive-duty training (as
defined in section 101(d) of title 10, United States Code) on
or after that date.
SEC. 643. INCREASE IN DEATH GRATUITY PAYABLE WITH RESPECT TO
DECEASED MEMBERS OF THE ARMED FORCES.
(a) Amount of Death Gratuity.--Section 1478(a) of title 10,
United States Code, is amended by striking ``$6,000'' and
inserting ``$12,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of September 11, 2001, and shall apply
with respect to deaths occurring on or after that date.
Subtitle E--Other Matters
SEC. 651. RETENTION OF ACCUMULATED LEAVE.
(a) Higher Maximum Limitation Associated With Certain
Service.--Section 701(f) of title 10, United States Code, is
amended to read as follows:
``(f)(1) The Secretary of Defense may authorize a member
eligible under paragraph (2) to retain 120 days' leave
accumulated by
[[Page S6104]]
the end of the fiscal year described in such paragraph.
``(2) Paragraph (1) applies to a member who--
``(A) during a fiscal year--
``(i) serves on active duty for a continuous period of at
least 120 days in an area in which the member is entitled to
special pay under section 310(a) of title 37; or
``(ii) is assigned to a deployable ship, to a mobile unit,
to duty in support of a contingency operation, or to other
duty designated for the purpose of this section; and
``(B) except for paragraph (1), would lose any accumulated
leave in excess of 60 days at the end of the fiscal year.
``(3) Leave in excess of 60 days accumulated under this
subsection is lost unless it is used by the member before the
end of the third fiscal year after the fiscal year in which
the service described in paragraph (2) terminated.''.
(b) Savings Provisions.--Regulations in effect under
subsection (f) of section 701 of title 10, United States
Code, on the day before the date of the enactment of this Act
shall remain in effect until revised or superseded by
regulations prescribed to implement the authority under the
amendment made by subsection (a).
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2003.
TITLE VII--HEALTH CARE
SEC. 701. MEDICAL AND DENTAL SCREENING FOR MEMBERS OF
SELECTED RESERVE UNITS ALERTED FOR
MOBILIZATION.
Section 1074a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(f)(1) At any time after the Secretary concerned notifies
the commander of a unit of the Selected Reserve of the Ready
Reserve that members of the unit are to be called or ordered
to active duty under a provision of law referred to in
section 101(a)(13)(B) in support of an operational mission or
contingency operation during a national emergency or in time
of war, the administering Secretaries may provide to each
such member any medical and dental screening and care that is
necessary to ensure that the member meets the applicable
medical and dental standards for deployment.
``(2) A member provided medical or dental screening or care
under paragraph (1) may not be charged for the screening or
care.''.
SEC. 702. TRICARE BENEFICIARY COUNSELING AND ASSISTANCE
COORDINATORS FOR RESERVE COMPONENT
BENEFICIARIES.
Section 1095e(a)(1) of title 10, United States Code, is
amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) designate for each of the TRICARE program regions at
least one person (other than a person designated under
subparagraph (A)) to serve full-time as a beneficiary
counseling and assistance coordinator solely for members of
the reserve components and their dependents who are
beneficiaries under the TRICARE program; and''.
SEC. 703. EXTENSION OF AUTHORITY TO ENTER INTO PERSONAL
SERVICES CONTRACTS FOR HEALTH CARE SERVICES TO
BE PERFORMED AT LOCATIONS OUTSIDE MEDICAL
TREATMENT FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is
amended by striking ``December 31, 2003'' and inserting
``December 31, 2008''.
SEC. 704. DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE
HEALTH CARE FUND VALUATIONS AND CONTRIBUTIONS.
(a) Separate Periodic Actuarial Valuation for Single
Uniformed Service.-- Section 1115(c) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(6) The Secretary of Defense may determine a single level
dollar amount under subparagraph (A) or (B) of paragraph (1)
for each or any of the participating uniformed services
separately from the other participating uniformed services if
the Secretary determines that a more accurate and appropriate
actuarial valuation under such subparagraph would be achieved
by doing so.''.
(b) Associated Calculations of Payments Into the Fund.--
Section 1116 of such title is amended--
(1) in subsection (a), by striking ``the amount that'' in
the matter preceding paragraph (1) and inserting ``the amount
that, subject to subsection (b),'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) If an actuarial valuation referred to in paragraph
(1) or (2) of subsection (a) has been calculated in a single
level dollar amount for a participating uniformed service
separately from the other participating uniformed services
under section 1115(c)(6) of this title, the administering
Secretary for the department in which such uniformed service
is operating shall calculate the amount under such paragraph
separately for such uniformed service. If the administering
Secretary is not the Secretary of Defense, the administering
Secretary shall notify the Secretary of Defense of the amount
so calculated. To determine a single amount for the purpose
of paragraph (1) or (2) of subsection (a), as the case may
be, the Secretary of Defense shall aggregate the amount
calculated under this subsection for a uniformed service for
the purpose of such paragraph with the amount or amounts
calculated (whether separately or otherwise) for the other
uniformed services for the purpose of such paragraph.''.
(c) Technical Correction.--Section 1115(c)(1)(B) of such
title is amended by striking ``and other than members'' and
inserting ``(other than members''
(d) Conforming Amendment.--Subsections (a) and (c)(5) of
section 1115 of such title are amended by striking ``section
1116(b) of this title'' and inserting section ``1116(c) of
this title''.
SEC. 705. SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD.
(a) Requirement for Surveys.--(1) The Secretary of Defense
shall conduct surveys in the TRICARE Standard market areas in
the continental United States to determine how many health
care providers are accepting new patients under TRICARE
Standard in each such market area.
(2) The Secretary shall carry out the surveys in at least
20 TRICARE market areas in the continental United States each
fiscal year after fiscal year 2003 until all such market
areas in the continental United States have been surveyed.
The Secretary shall complete six of the fiscal year 2004
surveys not later than March 31, 2004.
(3) In prioritizing the market areas for the sequence in
which market areas are to be surveyed under this subsection,
the Secretary shall consult with representatives of TRICARE
beneficiaries and health care providers to identify locations
where TRICARE Standard beneficiaries are experiencing
significant levels of access-to-care problems under TRICARE
Standard and shall give a high priority to surveying health
care providers in such areas.
(b) Supervision.--(1) The Secretary shall designate a
senior official of the Department of Defense to take the
actions necessary for achieving and maintaining participation
of health care providers in TRICARE Standard in each TRICARE
market area in a number that is adequate to ensure the
viability of TRICARE Standard for TRICARE beneficiaries in
that market area.
(2) The official designated under paragraph (1) shall have
the following duties:
(A) To educate health care providers about TRICARE
Standard.
(B) To encourage health care providers to accept patients
under TRICARE Standard.
(C) To ensure that TRICARE beneficiaries have the
information necessary to locate TRICARE Standard providers
readily.
(D) To recommend adjustments in TRICARE Standard provider
payment rates that the official considers necessary to ensure
adequate availability of TRICARE Standard providers for
TRICARE Standard beneficiaries.
(c) GAO Review.--(1) The Comptroller General shall, on an
ongoing basis, review--
(A) the processes, procedures, and analysis used by the
Department of Defense to determine the adequacy of the number
of health care providers accepting TRICARE Standard
beneficiaries as patients under TRICARE Standard in each
TRICARE market area; and
(B) the actions taken by the Department of Defense to
ensure ready access of TRICARE Standard beneficiaries to
health care under TRICARE Standard in each TRICARE market
area.
(2)(A) The Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a semiannual report on the results of the
review under paragraph (1). The first semiannual report shall
be submitted not later than June 30, 2004.
(B) The semiannual report under subparagraph (A) shall
include the following:
(i) An analysis of the adequacy of the surveys under
subsection (a).
(ii) The adequacy of existing statutory authority to
address inadequate levels of participation by health care
providers in TRICARE Standard.
(iii) Identification of policy-based obstacles to achieving
adequacy of availability of TRICARE Standard health care in
the TRICARE Standard market areas.
(iv) An assessment of the adequacy of Department of Defense
education programs to inform health care providers about
TRICARE Standard.
(v) An assessment of the adequacy of Department of Defense
initiatives to encourage health care providers to accept
patients under TRICARE Standard.
(vi) An assessment of the adequacy of information to
TRICARE Standard beneficiaries to facilitate access by such
beneficiaries to health care under TRICARE Standard.
(vii) Any need for adjustment of health care provider
payment rates to attract participation in TRICARE Standard by
appropriate numbers of health care providers.
(d) Definition.--In this section, the term ``TRICARE
Standard'' means the option of the TRICARE program that is
also known as the Civilian Health and Medical Program of the
Uniformed Services, as defined in section 1072(4) of title
10, United States Code.
[[Page S6105]]
SEC. 706. ELIMINATION OF LIMITATION ON COVERED BENEFICIARIES'
ELIGIBILITY TO RECEIVE HEALTH CARE SERVICES
FROM FORMER PUBLIC HEALTH SERVICE TREATMENT
FACILITIES.
Section 724(d) of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073
note) is amended by striking ``who--'' and all that follows
through ``(2) are enrolled'' and inserting ``who are
enrolled''.
SEC. 707. MODIFICATION OF STRUCTURE AND DUTIES OF DEPARTMENT
OF VETERANS AFFAIRS-DEPARTMENT OF DEFENSE
HEALTH EXECUTIVE COMMITTEE.
(a) In General.--Subsection (c) of section 8111 of title
38, United States Code, is amended to read as follows:
``(c) DOD-VA Joint Executive Committee.--(1) There is
established an interagency committee to be known as the
Department of Veterans Affairs-Department of Defense Joint
Executive Committee (hereinafter in this section referred to
as the `Committee').
``(2) The Committee shall be composed of--
``(A) the Deputy Secretary of Veterans Affairs and such
other officers and employees of the Department as the
Secretary may designate; and
``(B) the Under Secretary of Defense for Personnel and
Readiness and such other officers and employees of the
Department of Defense as the Secretary of Defense may
designate.
``(3)(A) The Deputy Secretary and the Under Secretary shall
determine the size and structure of the Committee, except
that the Committee shall have subordinate committees as
follows:
``(i) A Health Executive Committee.
``(ii) A Benefits Executive Committee.
``(iii) Such other subordinate committees as the Deputy
Secretary and the Under Secretary consider appropriate.
``(B) The Deputy Secretary and the Under Secretary shall
establish the administrative and procedural guidelines for
the operation of the Committee.
``(C) The two Departments shall supply staff and resources
to the Committee in order to provide such administrative
support and services for the Committee as are necessary for
the efficient operation of the Committee.
``(4) The Committee shall recommend to the Secretaries
strategic direction for the joint coordination and sharing of
efforts between and within the two Departments under this
section, and shall oversee implementation of such
coordination and efforts.
``(5) In order to enable the Committee to make
recommendations under paragraph (4) in its annual report
under paragraph (6), the Committee shall--
``(A) review existing policies, procedures, and practices
relating to the coordination and sharing of health care
resources and other resources between the two Departments;
``(B) identify changes in policies, procedures, and
practices that, in the judgment of the Committee, would
promote mutually beneficial coordination, use, or exchange of
use of services and health care resources and other resources
of the two Departments in order to achieve the goal of
improving the quality, efficiency, and effectiveness of the
delivery of benefits and services to veterans, members of the
Armed Forces, military retirees, and their families through
an enhanced partnership between the two Departments;
``(C) identify and assess further opportunities for
coordination and collaboration between the two Departments
that, in the judgment of the Committee, would not adversely
affect the range of services, the quality of care, or the
established priorities for benefits provided by either
Department;
``(D) review the plans of both agencies for the acquisition
of additional health care resources and other resources,
especially new facilities and major equipment and technology,
in order to assess the potential effect of such plans on
further opportunities for the coordination and sharing of
such resources; and
``(E) review the implementation of activities designed to
promote the coordination and sharing of health care resources
and other resources between the two Departments.
``(6) The Committee shall submit to the Secretaries, and to
Congress, each year a report containing such recommendations
as the Committee considers appropriate, including
recommendations in light of activities under paragraph
(5).''.
(b) Conforming Amendments.--Subsection (e)(1) of such
section is amended by striking ``subsection (c)(2)'' and
inserting ``subsection (c)(4)''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2003, as if included in the
amendments to section 8111 of title 38, United States Code,
made by section 721 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2589), to which the amendments made by this section
relate.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. TEMPORARY EMERGENCY PROCUREMENT AUTHORITY TO
FACILITATE DEFENSE AGAINST OR RECOVERY FROM
TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR
RADIOLOGICAL ATTACK.
(a) Extension of Authority.--Section 836(a) of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1192; 10 U.S.C. 2302 note) is amended by
striking ``fiscal year 2002 and 2003'' and inserting ``fiscal
years 2002, 2003, 2004, and 2005''.
(b) Expanded Scope.--Such section 836(a) is further
amended--
(1) in paragraph (1), by striking ``the defense against
terrorism or biological or chemical attack'' and inserting
``defense against or recovery from terrorism or nuclear,
biological, chemical, or radiological attack''; and
(2) in paragraph (2), by striking ``the defense against
terrorism or biological attack'' and inserting ``defense
against or recovery from terrorism or nuclear, biological,
chemical, or radiological attack''.
(c) Conforming Amendment.--The heading for such section is
amended to read as follows:
``SEC. 836. TEMPORARY EMERGENCY PROCUREMENT AUTHORITY TO
FACILITATE DEFENSE AGAINST OR RECOVERY FROM
TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR
RADIOLOGICAL ATTACK.''.
SEC. 802. SPECIAL TEMPORARY CONTRACT CLOSEOUT AUTHORITY.
(a) Authority.--The Secretary of Defense may settle any
financial account for a contract entered into by the
Secretary or the Secretary of a military department before
October 1, 1996, that is administratively complete if the
financial account has an unreconciled balance, either
positive or negative, that is less than $100,000.
(b) Finality of Decision.--A settlement under this section
shall be final and conclusive upon the accounting officers of
the United States.
(c) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of the authority under
this section.
(d) Termination of Authority.--A financial account may not
be settled under this section after September 30, 2006.
SEC. 803. DEFENSE ACQUISITION PROGRAM MANAGEMENT FOR USE OF
RADIO FREQUENCY SPECTRUM.
(a) Revision of Department of Defense Directive.--Not later
than one year after the date of the enactment of this Act,
the Secretary of Defense shall revise and reissue Department
of Defense Directive 4650.1, relating to management and use
of the radio frequency spectrum, last issued on June 24,
1987, to update the procedures applicable to Department of
Defense management and use of the radio frequency spectrum.
(b) Acquisition Program Requirements.--The Secretary of
Defense shall--
(1) require that each military department or Defense Agency
carrying out a program for the acquisition of a system that
is to use the radio frequency spectrum consult with the
official or board designated under subsection (c) on the
usage of the spectrum by the system as early as practicable
during the concept exploration and technology development
phases of the acquisition program;
(2) prohibit the program from proceeding into system
development and demonstration, or otherwise obtaining
production or procuring any unit of the system, until--
(A) an evaluation of the proposed radio frequency spectrum
usage by the system is completed in accordance with
requirements prescribed by the Secretary; and
(B) the designated official or board reviews and approves
the proposed usage of the spectrum by the system; and
(3) prescribe a procedure for waiving the prohibition
imposed under paragraph (2) in any case in which it is
determined necessary to do so in the national security
interests of the United States.
(c) Designation of Official or Board.--The Secretary of
Defense shall designate an appropriate official or board of
the Department of Defense to perform the functions described
for the official or board in subsection (b).
SEC. 804. NATIONAL SECURITY AGENCY MODERNIZATION PROGRAM.
(a) Responsibilities of Under Secretary of Defense for
Acquisition, Technology, and Logistics.--The Secretary of
Defense, acting through the Under Secretary of Defense for
Acquisition, Technology, and Logistics, shall--
(1) direct and manage the acquisitions under the National
Security Agency Modernization Program; and
(2) designate the projects under such program as major
defense acquisition programs.
(b) Projects Comprising Program.--The National Security
Agency Modernization Program includes the following projects
of the National Security Agency:
(1) The Trailblazer project.
(2) The Groundbreaker project.
(3) Each cryptological mission management project.
(4) Each other project that--
(A) meets either of the dollar threshold requirements set
forth in subsection (a)(2) of section 2430 of title 10,
United States Code (as adjusted under subsection (b) of such
section); and
(B) is determined by the Under Secretary of Defense for
Acquisition, Technology, and Logistics as being a
modernization project of the National Security Agency.
(c) Milestone Decision Authority.--(1) In the
administration of subsection (a),
[[Page S6106]]
the Under Secretary of Defense for Acquisition, Technology,
and Logistics shall exercise the milestone decision authority
for--
(A) each major defense acquisition program under the
National Security Agency Modernization Program, as designated
under subsection (a)(2); and
(B) the acquisition of each major system under the National
Security Agency Modernization Program, as described in
subsection (d).
(2) The Under Secretary may not delegate the milestone
decision authority to any other official before October 1,
2006.
(3) The Under Secretary may delegate the milestone decision
authority to the Director of the National Security Agency at
any time after the later of September 30, 2006, or the date
on which the following conditions are satisfied:
(A) The Under Secretary has determined that the Director
has implemented acquisition management policies, procedures,
and practices that are sufficiently mature to ensure that
National Security Agency acquisitions are conducted in a
manner consistent with a sound, efficient acquisition
enterprise.
(B) The Under Secretary has consulted with the Under
Secretary of Defense for Intelligence and the Deputy Director
of Central Intelligence for Community Management on the
delegation.
(C) The Secretary of Defense has approved the delegation.
(D) The Under Secretary has transmitted to the Committees
on Armed Services of the Senate and the House of
Representatives, the Select Committee on Intelligence of the
Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives a notification of the intention
to delegate the authority, together with a detailed
discussion of the justification for the delegation of
authority.
(d) Major System Defined.--In this section, the term
``major system'' means a system that meets either of the
dollar threshold requirements set forth in paragraph (1) or
(2) of subsection (a) of section 2302d of title 10, United
States Code (as adjusted under subsection (c) of such
section).
SEC. 805. QUALITY CONTROL IN PROCUREMENT OF AVIATION CRITICAL
SAFETY ITEMS AND RELATED SERVICES.
(a) Quality Control Policy.--The Secretary of Defense shall
prescribe a quality control policy for the procurement of
aviation critical safety items and the procurement of
modifications, repair, and overhaul of such items.
(b) Content of Policy.--The policy shall include the
following requirements:
(1) That the head of the design control activity for
aviation critical safety items establish processes to
identify and manage aviation critical safety items and
modifications, repair, and overhaul of such items.
(2) That the head of the contracting activity for an
aviation critical safety item enter into a contract for such
item only with a source approved by the design control
activity in accordance with section 2319 of title 10, United
States Code.
(3) That the aviation critical safety items delivered, and
the services performed with respect to aviation critical
safety items, meet all technical and quality requirements
specified by the design control activity, except for any
requirement determined unnecessary by the Secretary of
Defense in writing.
(c) Definitions.--In this section, the terms ``aviation
critical safety item'' and ``design control activity'' have
the meanings given such terms in section 2319(g) of title 10,
United States Code, as amended by subsection (d).
(d) Conforming Amendment to Title 10.--Section 2319 of
title 10, United States Code, is amended--
(1) in subsection (c)(3), by inserting after ``the
contracting officer'' the following: ``(or, in the case of a
contract for the procurement of an aviation critical item,
the head of the design control activity for such item)''; and
(2) by adding at the end the following new subsection:
``(g) Definitions.--In this section:
``(1) The term `aviation critical safety item' means a
part, an assembly, installation equipment, launch equipment,
recovery equipment, or support equipment for an aircraft or
aviation weapon system if the part, assembly, or equipment
contains a characteristic any failure, malfunction, or
absence of which could cause a catastrophic or critical
failure resulting in the loss of or serious damage to the
aircraft or weapon system, an unacceptable risk of personal
injury or loss of life, an uncommanded engine shutdown that
jeopardizes safety, or the failure of a military mission.
``(2) The term `design control activity', with respect to
an aviation critical safety item, means the systems command
of a military department that is specifically responsible for
ensuring the airworthiness of an aviation system or equipment
in which the item is to be used.''.
Subtitle B--Procurement of Services
SEC. 811. EXPANSION AND EXTENSION OF INCENTIVE FOR USE OF
PERFORMANCE-BASED CONTRACTS IN PROCUREMENTS OF
SERVICES.
(a) Increased Maximum Amount of Procurement Eligible for
Commercial Items Treatment.--Paragraph (1)(A) of section
821(b) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398; 114 Stat. 1654A-218; 10 U.S.C. 2302 note) is amended
by striking ``$5,000,000'' and inserting `$10,000,000''.
(b) Extension of Authority.--Paragraph (4) of such section
821(b) is amended by striking ``more than 3 years after the
date of the enactment of this Act'' and inserting ``after
October 30, 2006''.
SEC. 812. PUBLIC-PRIVATE COMPETITIONS FOR THE PERFORMANCE OF
DEPARTMENT OF DEFENSE FUNCTIONS.-
(a) Pilot Program for Best Value Source Selection for the
Performance of Information Technology Services.--
(1) Authority.--The Secretary of Defense may carry out a
pilot program for use of a best value criterion in the
selection of sources for performance of information
technology services for the Department of Defense.
(2) Conversion to private sector performance.--(A) Under
the pilot program, an analysis of the performance of an
information technology services function for the Department
of Defense under section 2461(b)(3) of title 10, United
States Code, shall include an examination of the performance
of the function by Department of Defense civilian employees
and by one or more private contractors to demonstrate whether
change to performance by the private sector will result in
the best value to the Government over the life of the
contract, including in the examination the following:
(i) The cost to the Government, estimated by the Secretary
of Defense (based on offers received), for performance of the
function by the private sector.
(ii) The estimated cost to the Government of Department of
Defense civilian employees performing the function.
(iii) Benefits in addition to price that warrant
performance of the function by a particular source at a cost
higher than that of performance by Department of Defense
civilian employees.
(iv) In addition to the cost referred to in clause (i), an
estimate of all other costs and expenditures that the
Government would incur because of the award of such a
contract.
(B) Under the pilot program, subparagraph (A) of such
section 2461(b)(3) shall not apply to an analysis of the
performance of an information technology services function
for the Department of Defense.
(3) Contracting for information technology services.--(A)
Under the pilot program, except as otherwise provided by law,
the Secretary shall procure information technology services
necessary for or beneficial to the accomplishment of the
authorized functions of the Department of Defense (other than
functions which the Secretary of Defense determines must be
performed by military or Government personnel) from a source
in the private sector if performance by that source
represents the best value to the United States, determined in
accordance with the competition requirements of Office of
Management and Budget Circular A-76.
(B) Under the pilot program, section 2462(a) of title 10,
United States Code, shall not apply to a procurement
described in paragraph (1).
(4) Duration of pilot program.--(A) The period for which
the pilot program may be carried out under this subsection
shall be fiscal years 2004 through 2008.
(B) An analysis commenced under the pilot program in
accordance with paragraph (2), and a procurement for which a
solicitation has been issued in accordance with paragraph
(3), before the end of the pilot program period may be
continued in accordance with paragraph (2) or (3),
respectively, after the end of such period.
(5) GAO review.--(A) The Comptroller General shall review
the administration of any pilot program carried out under
this subsection to assess the extent to which the program is
effective and is equitable for the potential public sources
and the potential private sources of information technology
services for the Department of Defense.
(B) Not later than February 1, 2008, the Comptroller
General shall submit to the congressional defense committees
a report on the review of the program under subparagraph (A).
The report shall include the Comptroller General's assessment
of the matters required under that subparagraph and any other
conclusions resulting from the review.
(6) Information technology services defined.--In this
subsection, the term ``information technology service'' means
any service performed in the operation or maintenance of
information technology (as defined in section 11101 of title
40, United States Code).
(b) Resources-Based Schedules for Completion of Public-
Private Competitions.--
(1) Application of timeframes.--Any interim or final
deadline or other schedule-related milestone for the
completion of a Department of Defense public-private
competition shall be established solely on the basis of
considered research and sound analysis regarding the
availability of sufficient personnel, training, and technical
resources to the Department of Defense to carry out such
competition in a timely manner.
(2) Extension of timeframes.--Any interim or final deadline
or other schedule-related milestone established (consistent
with paragraph (1)) for the completion of a Department of
Defense public-private competition shall be extended if the
Department of Defense official responsible for managing the
competition determines under procedures
[[Page S6107]]
prescribed by the Secretary of Defense that the personnel,
training, or technical resources available to the Department
of Defense to carry out such competition timely are
insufficient.
SEC. 813. AUTHORITY TO ENTER INTO PERSONAL SERVICES
CONTRACTS.
(a) Authority.--Chapter 141 of title 10, United States
Code, is amended by inserting after section 2396 the
following new section:
``Sec. 2397. Personal services: procurement by certain
elements of the Department of Defense
``(a) Authority.--The head of an element of the Department
of Defense referred to in subsection (b) may enter into a
contract for the procurement of services described in section
3109 of title 5 that are necessary to carry out a mission of
that element without regard to the limitations in such
section if the head of that element determines in writing
that the services to be procured are unique and that it would
not be practicable to obtain such services by other means.
``(b) Applicability.--Subsection (a) applies to--
``(1) any element of the Department of Defense within the
intelligence community, as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)); and
``(2) the United States Special Operations Command, with
respect to special operations activities described in
paragraphs (1), (2), (3), and (4) of section 167(j) of this
title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2396 the following new item:
``2397. Personal services: procurement by certain elements of the
Department of Defense.''.
Subtitle C--Major Defense Acquisition Programs
SEC. 821. CERTAIN WEAPONS-RELATED PROTOTYPE PROJECTS.
(a) Extension of Authority.--Subsection (g) of section 845
of the National Defense Authorization Act for Fiscal Year
1994 (10 U.S.C. 2371 note) is amended by striking ``September
30, 2004'' and inserting ``September 30, 2007''.
(b) Increased Scope of Authority.--Subsection (a) of such
section is amended by inserting before the period at the end
the following: ``, or to improvement of weapons or weapon
systems in use by the Armed Forces''.
(c) Pilot Program for Transition to Follow-on Contracts.--
Such section, as amended by subsection (a), is further
amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Pilot Program for Transition to Follow-on
Contracts.--(1) The Secretary of Defense is authorized to
carry out a pilot program for follow-on contracting for the
production of items or processes that are developed by
nontraditional defense contractors under prototype projects
carried out under this section.
``(2) Under the pilot program--
``(A) a qualifying contract for the procurement of such an
item or process, or a qualifying subcontract under a contract
for the procurement of such an item or process, may be
treated as a contract or subcontract, respectively, for the
procurement of commercial items, as defined in section 4(12)
of the Office of Federal Procurement Policy Act (41 U.S.C.
403(12)); and
``(B) the item or process may be treated as an item or
process, respectively, that is developed in part with Federal
funds and in part at private expense for the purposes of
section 2320 of title 10, United States Code.
``(3) For the purposes of the pilot program, a qualifying
contract or subcontract is a contract or subcontract,
respectively, with a nontraditional defense contractor that--
``(A) does not exceed $50,000,000; and
``(B) is either--
``(i) a firm, fixed-price contract or subcontract; or
``(ii) a fixed-price contract or subcontract with economic
price adjustment.
``(4) The authority to conduct a pilot program under this
subsection shall terminate on September 30, 2007. The
termination of the authority shall not affect the validity of
contracts or subcontracts that are awarded or modified during
the period of the pilot program, without regard to whether
the contracts or subcontracts are performed during the
period.''.
SEC. 822. APPLICABILITY OF CLINGER-COHEN ACT POLICIES AND
REQUIREMENTS TO EQUIPMENT INTEGRAL TO A WEAPON
OR WEAPON SYSTEM.
(a) In General.--(1) Chapter 131 of title 10, United States
Code, is amended by inserting after section 2223 the
following:
``Sec. 2223a. Acquisition of equipment integral to a weapon
or a weapon system: applicability of certain acquisition
reform authorities and information technology-related
requirements
``(a) Board of Senior Acquisition Officials.--(1) The
Secretary of Defense shall establish a board of senior
acquisition officials to administer the implementation of the
policies and requirements of chapter 113 of title 40 in
procurements of information technology equipment determined
by the Secretary as being an integral part of a weapon or a
weapon system.
``(2) The Board shall be composed of the following
officials:
``(A) Under Secretary of Defense for Acquisition,
Technology, and Logistics, who shall be the Chairman.
``(B) The acquisition executive of each of the military
departments.
``(C) The Chief Information Officer of the Department of
Defense.
``(c) Responsibilities of Board.--The Board shall be
responsible for ensuring that--
``(1) the acquisition of information technology equipment
determined by the Secretary of Defense as being an integral
part of a weapon or a weapon system is conducted in a manner
that is consistent with the capital planning, investment
control, and performance and results-based management
processes and requirements provided under sections 11302,
11303, 11312, and 11313 of title 40, to the extent that such
processes requirements are applicable to the acquisition of
such equipment;
``(2) issues of spectrum availability, interoperability,
and information security are appropriately addressed in the
development of weapons and weapon systems; and
``(3) in the case of information technology equipment that
is to be incorporated into a weapon or a weapon system under
a major defense acquisition program, the information
technology equipment is incorporated in a manner that is
consistent with--
``(A) the planned approach to applying certain provisions
of law to major defense acquisition programs following the
evolutionary acquisition process that the Secretary of
Defense reported to Congress under section 802 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 116 Stat. 2602);
``(B) the acquisition policies that apply to spiral
development programs under section 803 of such Act (116 Stat.
2603; 10 U.S.C. 2430 note); and
``(C) the software acquisition processes of the military
department or Defense Agency concerned under section 804 of
such Act (116 Stat. 2604; 10 U.S.C. 2430 note).
``(d) Inapplicability of Other Laws.--The following
provisions of law do not apply to information technology
equipment that is determined by the Secretary of Defense as
being an integral part of a weapon or a weapon system:
``(1) Section 11315 of title 40.
``(2) The policies and procedures established under section
11316 of title 40.
``(3) Subsections (d) and (e) of section 811 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-211), and the requirements and prohibitions that are
imposed by Department of Defense Directive 5000.1 pursuant to
subsections (b) and (c) of such section.
``(4) Section 351 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2516; 10 U.S.C. 221 note).
``(e) Definitions.--In this section:
``(1) The term `acquisition executive', with respect to a
military department, means the official who is designated as
the senior procurement executive of the military department
under section 16(3) of the Office of Federal Procurement
Policy Act (41 U.S.C. 414(3)).
``(2) The term `information technology' has the meaning
given such term in section 11101 of title 40.
``(3) The term `major defense acquisition program' has the
meaning given such term in section 2430 of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2223 the following new item:
``2223a. Acquisition of equipment integral to a weapon or a weapon
system: applicability of certain acquisition reform
authorities and information technology-related
requirements.''.
(b) Conforming Amendment.--Section 2223 of such title is
amended by adding at the end the following new subsection:
``(c) Equipment Integral to a Weapon or Weapon System.--(1)
In the case of information technology equipment determined by
the Secretary of Defense as being an integral part of a
weapon or a weapon system, the responsibilities under this
section shall be performed by the board of senior acquisition
officials established pursuant to section 2223a of this
title.
``(2) In this subsection, the term `information technology'
has the meaning given such term in section 11101 of title
40.''.
SEC. 823. APPLICABILITY OF REQUIREMENT FOR REPORTS ON
MATURITY OF TECHNOLOGY AT INITIATION OF MAJOR
DEFENSE ACQUISITION PROGRAMS.
Section 804(a) of the National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107-107; 115 Stat. 1180) is
amended by striking ``, as in effect on the date of enactment
of this Act,'' and inserting ``(as in effect on the date of
the enactment of this Act), and the corresponding provision
of any successor to such Instruction,''.
Subtitle D--Domestic Source Requirements
SEC. 831. EXCEPTIONS TO BERRY AMENDMENT FOR CONTINGENCY
OPERATIONS AND OTHER URGENT SITUATIONS.
Section 2533a(d) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting ``or contingency
operations'' after ``in support of combat operations''; and
[[Page S6108]]
(2) by adding at the end the following new paragraph:
``(4) Procurements for which the use of procedures other
than competitive procedures has been approved on the basis of
section 2304(c)(2) of this title, relating to unusual and
compelling urgency of need.''.
SEC. 832. INAPPLICABILITY OF BERRY AMENDMENT TO PROCUREMENTS
OF WASTE AND BYPRODUCTS OF COTTON AND WOOL
FIBER FOR USE IN THE PRODUCTION OF PROPELLANTS
AND EXPLOSIVES.
Section 2533a(f) of title 10, United States Code, is
amended--
(1) by striking ``(f) Exception'' and all that follows
through ``the procurement of'' and inserting the following:
``(f) Exceptions for Certain Other Commodities and Items.--
Subsection (a) does not preclude the procurement of the
following:
``(1)'';
(2) by capitalizing the initial letter of the word
following ``(1)'', as added by paragraph (1); and
(3) by adding at the end the following new paragraph:
``(2) Waste and byproducts of cotton and wool fiber for use
in the production of propellants and explosives.''.
SEC. 833. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT
REQUIREMENTS.
(a) Authority.--Subchapter V of chapter 148 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2539c. Waiver of domestic source or content
requirements
``(a) Authority.--Except as provided in subsection (f), the
Secretary of Defense may waive the application of any
domestic source requirement or domestic content requirement
referred to in subsection (b) and thereby authorize the
procurement of items that are grown, reprocessed, reused,
produced, or manufactured--
``(1) in a foreign country that has a reciprocal defense
procurement memorandum of understanding or agreement with the
United States;
``(2) in a foreign country that has a reciprocal defense
procurement memorandum of understanding or agreement with the
United States substantially from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States or any foreign country that has a reciprocal
defense procurement memorandum of understanding or agreement
with the United States; or
``(3) in the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a reciprocal defense procurement memorandum of
understanding or agreement with the United States.
``(b) Covered Requirements.--For purposes of this section:
``(1) A domestic source requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item that is grown,
reprocessed, reused, produced, or manufactured in the United
States or by a manufacturer that is a part of the national
technology and industrial base (as defined in section 2500(1)
of this title).
``(2) A domestic content requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item produced or
manufactured partly or wholly from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States.
``(c) Applicability.--The authority of the Secretary to
waive the application of a domestic source or content
requirements under subsection (a) applies to the procurement
of items for which the Secretary of Defense determines that--
``(1) application of the requirement would impede the
reciprocal procurement of defense items under a memorandum of
understanding providing for reciprocal procurement of defense
items between a foreign country and the United States in
accordance with section 2531 of this title; and
``(2) such country does not discriminate against defense
items produced in the United States to a greater degree than
the United States discriminates against defense items
produced in that country.
``(d) Limitation on Delegation.--The authority of the
Secretary to waive the application of domestic source or
content requirements under subsection (a) may not be
delegated to any officer or employee other than the Under
Secretary of Defense for Acquisition, Technology and
Logistics.
``(e) Consultations.--The Secretary may grant a waiver of
the application of a domestic source or content requirement
under subsection (a) only after consultation with the United
States Trade Representative, the Secretary of Commerce, and
the Secretary of State.
``(f) Laws Not Waivable.--The Secretary of Defense may not
exercise the authority under subsection (a) to waive any
domestic source or content requirement contained in any of
the following laws:
``(1) The Small Business Act (15 U.S.C. 631 et seq.).
``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
``(3) Sections 7309 and 7310 of this title.
``(4) Section 2533a of this title.
``(g) Relationship to Other Waiver Authority.--The
authority under subsection (a) to waive a domestic source
requirement or domestic content requirement is in addition to
any other authority to waive such requirement.
``(h) Construction With Respect to Later Enacted Laws.--
This section may not be construed as being inapplicable to a
domestic source requirement or domestic content requirement
that is set forth in a law enacted after the enactment of
this section solely on the basis of the later enactment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2539b the following new item:
``2539c. Waiver of domestic source or content requirements.''.
SEC. 834. BUY AMERICAN EXCEPTION FOR BALL BEARINGS AND ROLLER
BEARINGS USED IN FOREIGN PRODUCTS.
Section 2534(a)(5) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``, except ball bearings and roller bearings being
procured for use in an end product manufactured by a
manufacturer that does not satisfy the requirements of
subsection (b) or in a component part manufactured by such a
manufacturer''.
Subtitle E--Defense Acquisition and Support Workforce
SEC. 841. FLEXIBILITY FOR MANAGEMENT OF THE DEFENSE
ACQUISITION AND SUPPORT WORKFORCE.
(a) Management Structure.--(1) Sections 1703, 1705, 1706,
and 1707 of title 10, United States Code, are repealed.
(2) Section 1724(d) of such title is amended--
(A) in the first sentence, by striking ``The acquisition
career program board concerned'' and all that follows through
``if the board certifies'' and inserting ``The Secretary of
Defense may waive any or all of the requirements of
subsections (a) and (b) with respect to an employee of the
Department of Defense or member of the armed forces if the
Secretary determines'';
(B) in the second sentence, by striking ``the board'' and
inserting ``the Secretary''; and
(C) by striking the third sentence.
(3) Section 1732(b) of such title is amended--
(A) in paragraph (1)(C), by striking ``, as validated by
the appropriate career program management board''; and
(B) in paragraph (2)(A)(ii), by striking ``has been
certified by the acquisition career program board of the
employing military department as possessing'' and inserting
``possess''.
(4) Section 1732(d) of such title is amended--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``the acquisition
career program board of a military department'' and all that
follows through ``if the board certifies'' and inserting
``The Secretary of Defense may waive any or all of the
requirements of subsection (b) with respect to an employee if
the Secretary determines'';
(ii) in the second sentence, by striking ``the board'' and
inserting ``the Secretary''; and
(iii) by striking the third sentence; and
(B) in paragraph (2), by striking ``The acquisition career
program board of a military department'' and inserting ``The
Secretary''.
(5) Section 1734(d) of such title is amended--
(A) in subsection (d)--
(i) by striking paragraph (2); and
(ii) in paragraph (3), by striking the second sentence; and
(B) in subsection (e)(2), by striking ``, by the
acquisition career program board of the department
concerned,''.
(6) Section 1737(c) of such title is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1) The Secretary'' and inserting ``The
Secretary''.
(b) Elimination of Role of Office of Personnel
Management.--(1) Section 1725 of such title is repealed.
(2) Section 1731 of such title is amended by striking
subsection (c).
(3) Section 1732(c)(2) of such title is amended by striking
the second and third sentences.
(4) Section 1734(g) of such title is amended--
(A) by striking paragraph (2); and
(B) in paragraph (1) by striking ``(1) The Secretary'' and
inserting ``The Secretary''.
(5) Section 1737 of such title is amended by striking
subsection (d).
(6) Section 1744(c)(3)(A)(i) of such title is amended by
striking ``and such other requirements as the Office of
Personnel Management may prescribe''.
(c) Single Acquisition Corps.--(1) Section 1731 of such
title is amended--
(A) in subsection (a)--
(i) by striking ``each of the military departments and one
or more Corps, as he considers appropriate, for the other
components of'' in the first sentence; and
(ii) by striking the second sentence; and
(B) in subsection (b), by striking ``an Acquisition Corps''
and inserting ``the Acquisition Corps''.
(2) Sections 1732(a), 1732(e)(1), 1732(e)(2), 1733(a),
1734(e)(1), and 1737(a)(1) of such title are amended by
striking ``an Acquisition Corps'' and inserting ``the
Acquisition Corps''.
(3) Section 1734 of such title is amended--
(A) in subsection (g), by striking ``each Acquisition
Corps, a test program in which
[[Page S6109]]
members of a Corps'' and inserting ``the Acquisition Corps, a
test program in which members of the Corps''; and
(B) in subsection (h), by striking ``making assignments of
civilian and military members of the Acquisition Corps of
that military department'' and inserting ``making assignments
of civilian and military personnel of that military
department who are members of the Acquisition Corps''.
(d) Consolidation of Certain Education and Training Program
Requirements.--(1) Section 1742 of such title is amended to
read as follows:
``Sec. 1742. Internship, cooperative education, and
scholarship programs
``The Secretary of Defense shall conduct the following
education and training programs:
``(1) An intern program for purposes of providing highly
qualified and talented individuals an opportunity for
accelerated promotions, career broadening assignments, and
specified training to prepare them for entry into the
Acquisition Corps.
``(2) A cooperative education credit program under which
the Secretary arranges, through cooperative arrangements
entered into with one or more accredited institutions of
higher education, for such institutions to grant
undergraduate credit for work performed by students who are
employed by the Department of Defense in acquisition
positions.
``(3) A scholarship program for the purpose of qualifying
personnel for acquisition positions in the Department of
Defense.''.
(2) Sections 1743 and 1744 of such title are repealed.
(e) General Management Provisions.--Subchapter V of chapter
87 of such title is amended--
(1) by striking section 1763; and
(2) by adding at the end the following new section 1764:
``Sec. 1764. Authority to establish different minimum
requirements
``(a) Authority.--(1) The Secretary of Defense may
prescribe a different minimum number of years of experience,
different minimum education qualifications, and different
tenure of service qualifications to be required for
eligibility for appointment or advancement to an acquisition
position referred to in subsection (b) than is required for
such position under or pursuant to any provision of this
chapter.
``(2) Any requirement prescribed under paragraph (1) for a
position referred to in any paragraph of subsection (b) shall
be applied uniformly to all positions referred to in such
paragraph.
``(b) Applicability.--This section applies to the following
acquisition positions in the Department of Defense:
``(1) Contracting officer, except a position referred to in
paragraph (5).
``(2) Program executive officer.
``(3) Senior contracting official.
``(4) Program manager.
``(5) A position in the contract contingency force of an
armed force that is filled by a member of that armed force.
``(c) Definition.--In this section, the term `contract
contingency force', with respect to an armed force, has the
meaning given such term in regulations prescribed by the
Secretary concerned.''.
(f) Clerical Amendments.--(1) The table of sections at the
beginning of subchapter I of chapter 87 of title 10, United
States Code, is amended by striking the items relating to
sections 1703, 1705, 1706, and 1707.
(2) The table of sections at the beginning of subchapter II
of such chapter is amended by striking the item relating to
section 1725.
(3) The table of sections at the beginning of subchapter IV
of such chapter is amended by striking the items relating to
sections 1742, 1743, and 1744 and inserting the following:
``1742. Internship, cooperative education, and scholarship programs.''.
(3) The table of sections at the beginning of subchapter V
of such chapter is amended by striking the item relating to
section 1763 and inserting the following:
``1764. Authority to establish different minimum requirements.''.
SEC. 842. LIMITATION AND REINVESTMENT AUTHORITY RELATING TO
REDUCTION OF THE DEFENSE ACQUISITION AND
SUPPORT WORKFORCE.
(a) Limitation.--Notwithstanding any other provision of
law, the defense acquisition and support workforce may not be
reduced, during fiscal years 2004, 2005, and 2006, below the
level of that workforce as of September 30, 2002, determined
on the basis of full-time equivalent positions, except as may
be necessary to strengthen the defense acquisition and
support workforce in higher priority positions in accordance
with this section.
(b) Workforce Flexibility.--During fiscal years 2004, 2005,
and 2006, the Secretary of Defense may realign any part of
the defense acquisition and support workforce to support
reinvestment in other, higher priority positions in such
workforce.
(c) Higher Priority Positions.--For the purposes of this
section, higher priority positions in the defense acquisition
and support workforce include the following positions:
(1) Positions the responsibilities of which include
drafting performance-based work statements for services
contracts and overseeing the performance of contracts awarded
pursuant to such work statements.
(2) Positions the responsibilities of which include
conducting spending analyses, negotiating company-wide
pricing agreements, and taking other measures to reduce
contract costs.
(3) Positions the responsibilities of which include
reviewing contractor quality control systems, assessing and
analyzing quality deficiency reports, and taking other
measures to improve product quality.
(4) Positions the responsibilities of which include
effectively conducting public-private competitions in
accordance with Office of Management and Budget Circular A-
76.
(5) Any other positions in the defense acquisition and
support workforce that the Secretary identifies as being
higher priority positions that are staffed at levels not
likely to ensure efficient and effective performance of all
of the responsibilities of those positions.
(d) Defense Acquisition and Support Workforce Defined.--In
this section, the term ``defense acquisition and support
workforce'' means members of the Armed Forces and civilian
personnel who are assigned to, or are employed in, an
organization of the Department of Defense that has
acquisition as its predominant mission, as determined by the
Secretary of Defense.
SEC. 843. CLARIFICATION AND REVISION OF AUTHORITY FOR
DEMONSTRATION PROJECT RELATING TO CERTAIN
ACQUISITION PERSONNEL MANAGEMENT POLICIES AND
PROCEDURES.
Section 4308 of the National Defense Authorization Act for
Fiscal Year 1996 (10 U.S.C. 1701 note) is amended--
(1) in subsection (b), by striking paragraph (3) and
inserting the following:
``(3) Conditions.--Paragraph (2) shall not apply with
respect to a demonstration project unless--
``(A) for each organization or team participating in the
demonstration project--
``(i) at least one-third of the workforce participating in
the demonstration project consists of members of the
acquisition workforce; and
``(ii) at least two-thirds of the workforce participating
in the demonstration project consists of members of the
acquisition workforce and supporting personnel assigned to
work directly with the acquisition workforce; and
``(B) the demonstration project commences before October 1,
2007.'';
(2) in subsection (d), by striking ``95,000'' in subsection
(d) and inserting ``120,000'';
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting after subsection (d) the following:
``(e) Effect of Reorganizations.--The applicability of
paragraph (2) of subsection (b) to an organization or team
shall not terminate by reason that the organization or team,
after having satisfied the conditions in paragraph (3) of
such subsection when it began to participate in a
demonstration project under this section, ceases to meet one
or both of the conditions set forth in subparagraph (A) of
such paragraph (3) as a result of a reorganization,
restructuring, realignment, consolidation, or other
organizational change.''.
Subtitle F--Federal Support for Procurement of Anti-Terrorism
Technologies and Services by State and Local Governments
SEC. 851. APPLICATION OF INDEMNIFICATION AUTHORITY TO STATE
AND LOCAL GOVERNMENT CONTRACTORS.
(a) Authority.--Subject to the limitations of subsection
(b), the President may exercise the discretionary authority
under Public Law 85-804 (50 U.S.C. 1431 et seq.) so as to
provide under such law for indemnification of contractors and
subcontractors in procurements by States or units of local
government of an anti-terrorism technology or an anti-
terrorism service for the purpose of preventing, detecting,
identifying, otherwise deterring, or recovering from acts of
terrorism.
(b) Limitations.--Any authority that is delegated by the
President under subsection (a) to the head of a Federal
agency to provide for the indemnification of contractors and
subcontractors under Public Law 85-804 (50 U.S.C. 1431 et
seq.) for procurements by States or units of local government
may be exercised only--
(1) in the case of a procurement by a State or unit of
local government that--
(A) is made under a contract awarded pursuant to section
852; and
(B) is approved, in writing, for the provision of
indemnification by the President or the official designated
by the President under section 852(a); and
(2) with respect to--
(A) amounts of losses or damages not fully covered by
private liability insurance and State or local government-
provided indemnification; and
(B) liabilities of a contractor or subcontractor not
arising out of willful misconduct or lack of good faith on
the part of the contractor or subcontractor, respectively.
SEC. 852. PROCUREMENTS OF ANTI-TERRORISM TECHNOLOGIES AND
ANTI-TERRORISM SERVICES BY STATE AND LOCAL
GOVERNMENTS THROUGH FEDERAL CONTRACTS.
(a) In General.--
(1) Establishment of program.--The President shall
designate an officer or employee of the United States to
establish, and the designated official shall establish, a
program under which States and units of local government may
procure through contracts entered into by the designated
official anti-terrorism technologies or anti-terrorism
services for the purpose of preventing, detecting,
identifying, otherwise deterring, or recovering from acts of
terrorism.
[[Page S6110]]
(2) Designated federal procurement official for program.--
In this section, the officer or employee designated by the
President under paragraph (1) shall be referred to as the
``designated Federal procurement official''.
(3) Authorities.--Under the program, the designated Federal
procurement official may, but shall not be required to, award
contracts using the same authorities as are provided to the
Administrator of General Services under section 309(b)(3) of
the Federal Property and Administrative Services Act (41
U.S.C. 259(b)(3)).
(4) Offers not required to state and local governments.--A
contractor that sells anti-terrorism technology or anti-
terrorism services to the Federal Government may not be
required to offer such technology or services to a State or
unit of local government under the program.
(b) Responsibilities of the Contracting Official.--In
carrying out the program established under this section, the
designated Federal procurement official shall--
(1) produce and maintain a catalog of anti-terrorism
technologies and anti-terrorism services suitable for
procurement by States and units of local government under
this program; and
(2) establish procedures in accordance with subsection (c)
to address the procurement of anti-terrorism technologies and
anti-terrorism services by States and units of local
government under contracts awarded by the designated
official.
(c) Required Procedures.--The procedures required by
subsection (b)(2) shall implement the following requirements
and authorities:
(1) Submissions by states.--
(A) Requests and payments.--Except as provided in
subparagraph (B), each State desiring to participate in a
procurement of anti-terrorism technologies or anti-terrorism
services through a contract entered into by the designated
Federal procurement official under this section shall submit
to that official in such form and manner and at such times as
such official prescribes, the following:
(i) Request.--A request consisting of an enumeration of the
technologies or services, respectively, that are desired by
the State and units of local government within the State.
(ii) Payment.--Advance payment for each requested
technology or service in an amount determined by the
designated official based on estimated or actual costs of the
technology or service and administrative costs incurred by
such official.
(B) Other contracts.--The designated Federal procurement
official may award and designate contracts under which States
and units of local government may procure anti-terrorism
technologies and anti-terrorism services directly from the
contractors. No indemnification may be provided under Public
Law 85-804 pursuant to an exercise of authority under section
851 for procurements that are made directly between
contractors and States or units of local government.
(2) Permitted catalog technologies and services.--A State
may include in a request submitted under paragraph (1) only a
technology or service listed in the catalog produced under
subsection (b)(1).
(3) Coordination of local requests within state.--The
Governor of a State may establish such procedures as the
Governor considers appropriate for administering and
coordinating requests for anti-terrorism technologies or
anti-terrorism services from units of local government within
the State.
(4) Shipment and transportation costs.--A State requesting
anti-terrorism technologies or anti-terrorism services shall
be responsible for arranging and paying for any shipment or
transportation of the technologies or services, respectively,
to the State and localities within the State.
(d) Reimbursement of Actual Costs.--In the case of a
procurement made by or for a State or unit of local
government under the procedures established under this
section, the designated Federal procurement official shall
require the State or unit of local government to reimburse
the Department for the actual costs it has incurred for such
procurement.
(e) Time for Implementation.--The catalog and procedures
required by subsection (b) of this section shall be completed
as soon as practicable and no later than 210 days after the
enactment of this Act.
SEC. 853. DEFINITIONS.
In this subtitle:
(1) Anti-terrorism technology and service.--The terms
``anti-terrorism technology'' and ``anti-terrorism service''
mean any product, equipment, or device, including information
technology, and any service, system integration, or other
kind of service (including a support service), respectively,
that is related to technology and is designed, developed,
modified, or procured for the purpose of preventing,
detecting, identifying, otherwise deterring, or recovering
from acts of terrorism.
(2) Information technology.--The term ``information
technology'' has the meaning given such term in section
11101(6) of title 40, United States Code.
(3) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, and any territory or
possession of the United States.
(4) Unit of local government.--The term ``unit of local
government'' means any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State; an Indian tribe which performs law
enforcement functions as determined by the Secretary of the
Interior; or any agency of the District of Columbia
Government or the United States Government performing law
enforcement functions in and for the District of Columbia or
the Trust Territory of the Pacific Islands.
Subtitle G--General Contracting Authorities, Procedures, and
Limitations, and Other Matters
SEC. 861. LIMITED ACQUISITION AUTHORITY FOR COMMANDER OF
UNITED STATES JOINT FORCES COMMAND.
Section 164 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h) Limited Acquisition Authority for Commander of
Certain Unified Combatant Command.--(1) The Secretary of
Defense shall delegate to the commander of the unified
combatant command referred to in paragraph (2) authority of
the Secretary under chapter 137 of this title sufficient to
enable the commander to develop and acquire equipment
described in paragraph (3). The exercise of authority so
delegated is subject to the authority, direction, and control
of the Secretary.
``(2) The commander to which authority is delegated under
paragraph (1) is the commander of the unified combatant
command that has the mission for joint warfighting
experimentation, as assigned by the Secretary of Defense.
``(3) The equipment referred to in paragraph (1) is as
follows:
``(A) Battlefield command, control, communications, and
intelligence equipment.
``(B) Any other equipment that the commander referred to in
that paragraph determines necessary and appropriate for--
``(i) facilitating the use of joint forces in military
operations; or
``(ii) enhancing the interoperability of equipment used by
the various components of joint forces on the battlefield.
``(4) The authority delegated under paragraph (1) does not
apply to the development or acquisition of a system for
which--
``(A) the total expenditure for research, development,
test, and evaluation is estimated to be $10,000,000 or more;
or
``(B) the total expenditure for procurement of the system
is estimated to be $50,000,000 or more.
``(5) The commander of the unified combatant command
referred to in paragraph (1) shall require the inspector
general of the command to conduct internal audits and
inspections of purchasing and contracting administered by the
commander under the authority delegated under subsection
(a).''.
SEC. 862. OPERATIONAL TEST AND EVALUATION.
(a) Leadership and Duties of Department of Defense Test
Resource Management Center.--(1) Subsection (b)(1) of section
196 of title 10, United States Code, is amended--
(A) by striking ``on active duty. The Director'' and
inserting ``on active duty or from among senior civilian
officers and employees of the Department of Defense. A
commissioned officer serving as the Director''; and
(B) by adding at the end the following: ``A civilian
officer or employee serving as the Director shall serve in a
pay level equivalent in rank to lieutenant general.''.
(2)(A) Subsection (c)(1)(B) of such section is amended by
inserting after ``Department of Defense'' the following:
``other than budgets and expenditures for activities
described in section 139(i) of this title''.
(B) Subsection (e)(1) of such section is amended--
(i) by striking ``, the Director of Operational Test and
Evaluation,''; and
(ii) by striking ``, Director's''.
(b) Deployment Before Completion of OT&E.--Section 806(c)
of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2607; 10
U.S.C. 2302 note) is amended by adding at the end the
following new paragraph:
``(3) If items are deployed under the rapid acquisition and
deployment procedures prescribed pursuant to this section, or
under any other authority, before the completion of
operational test and evaluation of the items, the Director of
Operational Test and Evaluation shall have access to
operational records and data relevant to such items in
accordance with section 139(e)(3) of title 10, United States
Code, for the purpose of completing operational test and
evaluation of the items. The access to the operational
records and data shall be provided in a time and manner
determined by the Secretary of Defense consistent with
requirements of operational security and other relevant
operational requirements.''.
SEC. 863. MULTIYEAR TASK AND DELIVERY ORDER CONTRACTS.
(a) Repeal of Applicability of Existing Authority and
Limitations.--Section 2306c of title 10, United States Code,
is amended--
(1) by striking subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
(b) Multiyear Contracting Authority.--Section 2304a of such
title is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Multiyear Contracts.--The head of an agency entering
into a task or delivery order contract under this section may
provide for the contract to cover any period up to five years
and may extend the contract period for one or more successive
periods
[[Page S6111]]
pursuant to an option provided in the contract or a
modification of the contract. In no event, however, may the
total contract period as extended exceed eight years.''.
SEC. 864. REPEAL OF REQUIREMENT FOR CONTRACTOR ASSURANCES
REGARDING THE COMPLETENESS, ACCURACY, AND
CONTRACTUAL SUFFICIENCY OF TECHNICAL DATA
PROVIDED BY THE CONTRACTOR.
Section 2320(b) of title 10, United States Code, is
amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8) and (9) as paragraphs
(7) and (8), respectively.
SEC. 865. REESTABLISHMENT OF AUTHORITY FOR SHORT-TERM LEASES
OF REAL OR PERSONAL PROPERTY ACROSS FISCAL
YEARS.
(a) Reestablishment of Authority.--Subsection (a) of
section 2410a of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense'';
(2) by striking ``for procurement of severable services''
and inserting ``for a purpose described in paragraph (2)'';
and
(3) by adding at the end the following new paragraph:
``(2) The purpose of a contract described in this paragraph
is as follows:
``(A) The procurement of severable services.
``(B) The lease of real or personal property, including the
maintenance of such property when contracted for as part of
the lease agreement.''.
(b) Conforming and Clerical Amendments.--(1) The heading of
such section is amended to read as follows:
``Sec. 2410a. Contracts for periods crossing fiscal years:
severable service contracts; leases of real or personal
property''.
(2) The table of sections at the beginning of chapter 141
of such title is amended by striking the item relating to
section 2410a and inserting the following new item:
``2410a. Contracts for periods crossing fiscal years: severable service
contracts; leases of real or personal property.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department Officers and Agencies
SEC. 901. CLARIFICATION OF RESPONSIBILITY OF MILITARY
DEPARTMENTS TO SUPPORT COMBATANT COMMANDS.
Sections 3013(c)(4), 5013(c)(4), and 8013(3)(c)(4) of title
10, United States Code, are amended by striking ``(to the
maximum extent practicable)''.
SEC. 902. REDESIGNATION OF NATIONAL IMAGERY AND MAPPING
AGENCY AS NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY.
(a) Redesignation.--The National Imagery and Mapping Agency
(NIMA) is hereby redesignated as the National Geospatial-
Intelligence Agency (NGA).
(b) Conforming Amendments.--
(1) Title 10, united states code.--(A) Chapter 22 of title
10, United States Code, is amended by striking ``National
Imagery and Mapping Agency'' each place it appears (other
than the penultimate place it appears in section 461(b) of
such title) and inserting ``National Geospatial-Intelligence
Agency''.
(B) Section 453(b) of such title is amended by striking
``NIMA'' each place it appears and inserting ``NGA''.
(C)(i) Subsection (b)(3) of section 424 of such title is
amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.
(ii) The heading for such section is amended to read as
follows:
``Sec. 424. Disclosure of organizational and personnel
information: exemption for Defense Intelligence Agency,
National Reconnaissance Office, and National Geospatial
Intelligence Agency''.
(iii) The table of sections at the beginning of subchapter
I of chapter 21 of such title is amended in the item relating
to section 424 by striking ``National Imagery and Mapping
Agency'' and inserting ``National Geospatial-Intelligence
Agency''.
(D) Section 425(a) of such title is amended--
(i) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(ii) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The words `National Geospatial-Intelligence Agency',
the initials `NGA', or the seal of the National Geospatial-
Intelligence Agency.''.
(E) Section 1614(2)(C) of such title is amended by striking
``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
(F)(i) The heading for chapter 22 of such title is amended
to read as follows:
``CHAPTER 22--NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY''.
(ii) The table of chapters at the beginning of subtitle A
of such title, and at the beginning of part I of such
subtitle, are each amended by striking the item relating to
chapter 22 and inserting the following new item:
``22. National Geospatial-Intelligence Agency................441''.....
(2) National security act of 1947.--(A) Section 3(4)(E) of
the National Security Act of 1947 (50 U.S.C. 401a(4)(E)) is
amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.
(B) That Act is further amended by striking ``National
Imagery and Mapping Agency'' each place it appears in
sections 105, 105A, 105C, 106, and 110 (50 U.S.C. 403-5, 403-
5a, 403-5c, 403-6, 404e) and inserting ``National Geospatial-
Intelligence Agency''.
(C) Section 105C of that Act (50 U.S.C. 403-5c) is further
amended--
(i) by striking ``NIMA'' each place it appears and
inserting ``NGA''; and
(ii) in subsection (a)(6)(B)(iv)(II), by striking
``NIMA's'' and inserting ``NGA's''.
(D) The heading for section 105C of that Act (50 U.S.C.
403-5c) is amended to read as follows:
``protection of operational files of the national geospatial-
intelligence agency''.
(E) The heading for section 110 of that Act (50 U.S.C.
404e) is amended to read as follows:
``national mission of national geospatial-intelligence agency''.
(F) The table of contents for that Act is amended--
(i) by striking the item relating to section 105C and
inserting the following new item:
``Sec. 105C. Protection of operational files of the National
Geospatial-Intelligence Agency.''; and
(ii) by striking the item relating to section 110 and
inserting the following new item:
``Sec. 110. National mission of National Geospatial-Intelligence
Agency.''.
(c) References.--Any reference to the National Imagery and
Mapping Agency or NIMA in any law, regulation, document,
paper, or other record of the United States shall be deemed
to be a reference to the National Geospatial-Intelligence
Agency or NGA, respectively.
(d) Matters Relating to Geospatial Intelligence.--(1)
Section 442(a)(2) of title 10, United States Code, is amended
by striking ``Imagery, intelligence, and information'' and
inserting ``Geospatial intelligence''.
(2) Section 467 of such title is amended by adding at the
end the following new paragraph:
``(5) The term `geospatial intelligence' means the
exploitation and analysis of imagery and geospatial
information to describe, assess, and visually depict physical
features and geographically referenced activities on the
earth, and includes imagery, imagery intelligence, and
geospatial information.''.
(3) Section 110(a) of the National Security Act of 1947 (50
U.S.C. 404e(a)) is amended by striking ``imagery
requirements'' and inserting ``geospatial intelligence
requirements''.
SEC. 903. STANDARDS OF CONDUCT FOR MEMBERS OF THE DEFENSE
POLICY BOARD AND THE DEFENSE SCIENCE BOARD.
(a) Standards Required.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall promulgate standards of conduct for members of the
Defense Policy Board and the Defense Science Board. The
purpose of the standards of conduct shall be to ensure public
confidence in the Defense Policy Board and the Defense
Science Board.
(b) Issues To Be Addressed.--The standards of conduct
promulgated pursuant to subsection (a) shall address, at a
minimum, the following:
(1) Conditions governing the access of Board members to
classified information and other confidential information
about the plans and operations of the Department of Defense
and appropriate limitations on any use of such information
for private gain.
(2) Guidelines for addressing conflicting financial
interests and recusal from participation in matters affecting
such interests.
(3) Guidelines regarding the lobbying of Department of
Defense officials or other contacts with Department of
Defense officials regarding matters in which Board members
may have financial interests.
(c) Report to Congress.--The Secretary of Defense shall
provide the Committees on Armed Services of the Senate and
the House of Representatives with a copy of the standards of
conduct promulgated pursuant to subsection (a) immediately
upon promulgation of the standards.
Subtitle B--Space Activities
SEC. 911. COORDINATION OF SPACE SCIENCE AND TECHNOLOGY
ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) Space Science and Technology Strategy.--(1) The Under
Secretary of the Air Force, in consultation with the Director
of Defense Research and Engineering, shall develop a space
science and technology strategy and shall review and, as
appropriate, revise the strategy annually.
(2) The strategy shall, at a minimum, address the following
issues:
(A) Short-term and long-term goals of the space science and
technology programs of the Department of Defense.
(B) The process for achieving the goals, including an
implementation plan.
(C) The process for assessing progress made toward
achieving the goals.
(3) Not later than March 15, 2004, the Under Secretary
shall submit a report on the space science and technology
strategy to the Committees on Armed Services of the Senate
and the House of Representatives.
(b) Required Coordination.--In executing the space science
and technology strategy, the directors of the research
laboratories of the Department of Defense, the heads of other
Department of Defense research components, and the heads of
all
[[Page S6112]]
other appropriate organizations identified jointly by the
Under Secretary of the Air Force and the Director of Defense
Research and Engineering--
(1) shall identify research laboratory projects that make
contributions pertaining directly and uniquely to the
development of space technology; and
(2) may execute the identified projects only with the
concurrence of the Under Secretary of the Air Force.
(c) General Accounting Office Review.--(1) The Comptroller
General shall review and assess the space science and
technology strategy developed under subsection (a) and the
effectiveness of the coordination process required under
subsection (b).
(2) Not later than September 1, 2004, the Comptroller
General shall submit a report containing the findings and
assessment under paragraph (1) to the committees on Armed
Services of the Senate and the House of Representatives.
(d) Definitions.--In this section:
(1) The term ``research laboratory of the Department of
Defense'' means the following:
(A) The Air Force Research Laboratory.
(B) The Naval Research Laboratory.
(C) The Office of Naval Research.
(D) The Army Research Laboratory.
(2) The term ``other Department of Defense research
component'' means the following:
(A) The Defense Advanced Research Projects Agency.
(B) The National Reconnaissance Office.
SEC. 912. SPACE PERSONNEL CADRE.
(a) Strategy Required.--(1) The Secretary of Defense shall
develop a human capital resources strategy for space
personnel of the Department of Defense.
(2) The strategy shall be designed to ensure that the space
career fields of the military departments are integrated to
the maximum extent practicable.
(b) Report.--Not later than February 1, 2004, the Secretary
shall submit a report on the strategy to the Committees on
Armed Services of the Senate and the House of
Representatives. The report shall contain the following
information:
(1) The strategy.
(2) An assessment of the progress made in integrating the
space career fields of the military departments.
(3) A comprehensive assessment of the adequacy of the
establishment of the Air Force officer career field for space
under section 8084 of title 10, United States Code, as a
solution for correcting deficiencies identified by the
Commission To Assess United States National Security Space
Management and Organization (established under section 1621
of Public Law 106-65; 113 Stat. 813; 10 U.S.C. 111 note).
(c) General Accounting Office Review.--(1) The Comptroller
General shall review the strategy developed under subsection
(a) the space career fields of the military departments and
the plans of the military departments for developing space
career fields. The review shall include an assessment of how
effective the strategy and the space career fields and plans,
when implemented, are likely to be for developing the
necessary cadre of personnel who are expert in space systems
development and space systems operations.
(2) Not later than June 15, 2004, the Comptroller General
shall submit to the Committees referred to in subsection
(a)(2) a report on the results of the review under paragraph
(1), including the assessment required by such paragraph.
SEC. 913. POLICY REGARDING ASSURED ACCESS TO SPACE FOR UNITED
STATES NATIONAL SECURITY PAYLOADS.
(a) Policy.--It is the policy of the United States for the
President to undertake actions appropriate to ensure, to the
maximum extent practicable, that the United States has the
capabilities necessary to launch and insert United States
national security payloads into space whenever such payloads
are needed in space.
(b) Included Actions.--The appropriate actions referred to
in subsection (a) shall include, at a minimum, providing
resources and policy guidance to sustain--
(1) the availability of at least two space launch vehicles
or families of space launch vehicles capable of delivering
into space all payloads designated as national security
payloads by the Secretary of Defense and the Director of
Central Intelligence; and
(2) a robust space launch infrastructure and industrial
base.
(c) Coordination.--The Secretary of Defense shall, to the
maximum extent practicable, pursue the attainment of the
capabilities described in subsection (a) in coordination with
the Administrator of the National Space and Aeronautics
Administration.
SEC. 914. PILOT PROGRAM TO PROVIDE SPACE SURVEILLANCE NETWORK
SERVICES TO ENTITIES OUTSIDE THE UNITED STATES
GOVERNMENT.
(a) Establishment.--The Secretary of Defense shall carry
out a pilot program to provide eligible entities outside the
Federal Government with satellite tracking services using
assets owned or controlled by the Department of Defense.
(b) Eligible Entities.--The Secretary shall prescribe the
requirements for eligibility to obtain services under the
pilot program. The requirements shall, at a minimum, provide
eligibility for the following entities:
(1) The governments of States.
(2) The governments of political subdivisions of States.
(3) United States commercial entities.
(4) The governments of foreign countries.
(5) Foreign commercial entities.
(c) Sale of Services.--Services under the pilot program may
be provided by sale, except in the case of services provided
to a government described in paragraph (1) or (2) of
subsection (b).
(d) Contractor Intermediaries.--Services under the pilot
program may be provided either directly to an eligible entity
or through a contractor of the United States or a contractor
of an eligible entity.
(e) Satellite Data and Related Analyses.--The services
provided under the pilot program may include satellite
tracking data or any analysis of satellite data if the
Secretary determines that it is in the national security
interests of the United States for the services to include
such data or analysis, respectively.
(f) Reimbursement of Costs.--The Secretary may require an
entity purchasing services under the pilot program to
reimburse the Department of Defense for the costs incurred by
the Department in entering into the sale.
(g) Crediting to Charged Accounts.--(1) The proceeds of a
sale of services under the pilot program, together with any
amounts reimbursed under subsection (f) in connection with
the sale, shall be credited to the appropriation for the
fiscal year in which collected that is or corresponds to the
appropriation charged the costs of such services.
(2) Amounts credited to an appropriation under paragraph
(1) shall be merged with other sums in the appropriation and
shall be available for the same period and the same purposes
as the sums with which merged.
(h) Nontransferability Agreement.--The Secretary shall
require a recipient of services under the pilot program to
enter into an agreement not to transfer any data or technical
information, including any analysis of satellite tracking
data, to any other entity without the expressed approval of
the Secretary.
(i) Prohibition Concerning Intelligence Assets or Data.--
Services and information concerning, or derived from, United
States intelligence assets or data may not be provided under
the pilot program.
(j) Definitions.--In this section:
(1) The term ``United States commercial entity'' means an
entity that is involved in commerce and is organized under
laws of a State, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, or American
Samoa.
(2) The term ``foreign commercial entity'' means an entity
that is involved in commerce and is organized under laws of a
foreign country.
(k) Duration of Pilot Program.--The pilot program under
this section shall be conducted for three years beginning on
a date designated by the Secretary of Defense, but not later
than 180 days after the date of the enactment of this Act.
SEC. 915. CONTENT OF BIENNIAL GLOBAL POSITIONING SYSTEM
REPORT.
(a) Revised Content.--Paragraph (1) of section 2281(d) of
title 10, United States Code, is amended--
(1) by striking subparagraph (C);
(2) in subparagraph (E), by striking ``Any progress made
toward'' and inserting ``Progress and challenges in'';
(3) by striking subparagraph (F), and inserting the
following:
``(F) Progress and challenges in protecting GPS from
jamming, disruption, and interference.'';
(4) by redesignating subparagraphs (D), (E), and (F), as
subparagraphs (C), (D), and (E), respectively; and
(5) by inserting after subparagraph (E), as so
redesignated, the following new subparagraph (F):
``(F) Progress and challenges in developing the enhanced
Global Positioning System required by section 218(b) of
Public Law 105-261 (112 Stat. 1951; 10 U.S.C. 2281 note).''.
(b) Conforming Amendment.--Paragraph (2) of such section
2281(d) is amended by inserting ``(C),'' after ``under
subparagraphs''.
Subtitle C--Other Matters
SEC. 921. COMBATANT COMMANDER INITIATIVE FUND.
(a) Redesignation of CINC Initiative Fund.--(1) The CINC
Initiative Fund administered under section 166a of title 10,
United States Code, is redesignated as the ``Combatant
Commander Initiative Fund''.
(2) Section 166a of title 10, United States Code, is
amended--
(A) by striking the heading for subsection (a) and
inserting ``Combatant Commander Initiative Fund.--``; and
(B) by striking ``CINC Initiative Fund'' in subsections
(a), (c), and (d), and inserting ``Combatant Commander
Initiative Fund''.
(3) Any reference to the CINC Initiative Fund in any other
provision of law or in any regulation, document, record, or
other paper of the United States shall be considered to be a
reference to the Combatant Commander Initiative Fund.
(b) Authorized Activities.--Subsection (b) of section 166a
of title 10, United States Code, is amended by adding at the
end the following new paragraph:
``(10) Joint warfighting capabilities.''.
(c) Increased Maximum Amounts Authorized for Use.--
Subsection (e)(1) of such section is amended--
[[Page S6113]]
(1) in subparagraph (A), by striking ``$7,000,000'' and
inserting ``$15,000,000'';
(2) in subparagraph (B), by striking ``$1,000,000'' and
inserting ``$10,000,000''; and
(3) in subparagraph (C), by striking ``$2,000,000'' and
inserting ``$10,000,000''.
SEC. 922. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD
THE DEGREE OF MASTER OF OPERATIONAL STUDIES.
Section 7102(b) of title 10, United States Code, is
amended--
(1) by striking ``Marine Corps War College.--'' and
inserting ``Awarding of Degrees.--(1)''; and
(2) by adding at the end the following new paragraph:
``(2) Upon the recommendation of the Director and faculty
of the Command and Staff College of the Marine Corps
University, the President of the Marine Corps University may
confer the degree of master of operational studies upon
graduates of the School of Advanced Warfighting of the
Command and Staff College who fulfill the requirements for
that degree.''.
SEC. 923. REPORT ON CHANGING ROLES OF UNITED STATES SPECIAL
OPERATIONS COMMAND.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
changing roles of the United States Special Operations
Command.
(b) Content of Report.--(1) The report shall specifically
discuss in detail the following matters:
(A) The expanded role of the United States Special
Operations Command in the global war on terrorism.
(B) The reorganization of the United States Special
Operations Command to function as a supported combatant
command for planning and executing operations.
(C) The role of the United States Special Operations
Command as a supporting combatant command.
(2) The report shall also include, in addition to the
matters discussed pursuant to paragraph (1), a discussion of
the following matters:
(A) The military strategy to employ the United States
Special Operations Command to fight the war on terrorism and
how that strategy contributes to the overall national
security strategy with regard to the global war on terrorism.
(B) The scope of the authority granted to the commander of
the United States Special Operations Command to act as a
supported commander and to prosecute the global war on
terrorism.
(C) The operational and legal parameters within which the
commander of the United States Special Operations Command is
to exercise command authority in foreign countries when
taking action against foreign and United States citizens
engaged in terrorist activities.
(D) The decisionmaking procedures for authorizing,
planning, and conducting individual missions, including
procedures for consultation with Congress.
(E) The procedures for the commander of the United States
Special Operations Command to use to coordinate with
commanders of other combatant commands, especially geographic
commands.
(F) Future organization plans and resource requirements for
conducting the global counterterrorism mission.
(G) The impact of the changing role of the United States
Special Operations Command on other special operations
missions, including foreign internal defense, psychological
operations, civil affairs, unconventional warfare,
counterdrug activities, and humanitarian activities.
(c) Forms of Report.--The report shall be submitted in
unclassified form and, as necessary, in classified form.
SEC. 924. INTEGRATION OF DEFENSE INTELLIGENCE, SURVEILLANCE,
AND RECONNAISSANCE CAPABILITIES
(a) Findings.--Congress makes the following findings:
(1) As part of transformation efforts within the Department
of Defense, each of the Armed Forces is developing
intelligence, surveillance, and reconnaissance capabilities
that best support future war fighting as envisioned by the
leadership of the military department concerned.
(2) Concurrently, intelligence agencies of the Department
of Defense outside the military departments are developing
transformation roadmaps to best support the future
decisionmaking and war fighting needs of their principal
customers, but are not always closely coordinating those
efforts with the intelligence, surveillance, and
reconnaissance development efforts of the military
departments.
(3) A senior official of each military department has been
designated as the integrator of intelligence, surveillance,
and reconnaissance for each of the Armed Forces in such
military department, but there is not currently a well-
defined forum where the integrators of intelligence,
surveillance, and reconnaissance capabilities for each of the
Armed Forces can routinely interact with each other and with
senior representatives of Department of Defense intelligence
agencies, as well as with other members of the intelligence
community, to ensure unity of effort and to preclude
unnecessary duplication of effort.
(4) The current funding structure of a National Foreign
Intelligence Program (NFIP), Joint Military Intelligence
Program (JMIP), and Tactical Intelligence and Related
Activities Program (TIARA) might not be the best approach for
supporting the development of an intelligence, surveillance,
and reconnaissance structure that is integrated to meet the
national security requirements of the United States in the
21st century.
(5) The position of Under Secretary of Defense for
Intelligence was established in 2002 by Public Law 107-314 in
order to facilitate resolution of the challenges to achieving
an integrated intelligence, surveillance, and reconnaissance
structure in the Department of Defense to meet such 21st
century requirements.
(b) Goal.--It shall be a goal of the Department of Defense
to fully coordinate and integrate the intelligence,
surveillance, and reconnaissance capabilities and
developmental activities of the military departments,
intelligence agencies of the Department of Defense, and
relevant combatant commands as those departments, agencies,
and commands transform their intelligence, surveillance, and
reconnaissance systems to meet current and future needs.
(c) Requirement.--(1) The Under Secretary of Defense for
Intelligence shall establish an Intelligence, Surveillance,
and Reconnaissance Integration Council to provide a permanent
forum for the discussion and arbitration of issues relating
to the integration of intelligence, surveillance, and
reconnaissance capabilities.
(2) The Council shall be composed of the senior
intelligence officers of the Armed Forces and the United
States Special Operations Command, the Director of Operations
of the Joint Staff, and the directors of the intelligence
agencies of the Department of Defense.
(3) The Under Secretary of Defense for Intelligence shall
invite the participation of the Director of Central
Intelligence or his representative in the proceedings of the
Council.
(d) ISR Integration Roadmap.--The Under Secretary of
Defense for Intelligence, in consultation with the
Intelligence, Surveillance, and Reconnaissance Integration
Council and the Director of Central Intelligence, shall
develop a comprehensive Defense Intelligence, Surveillance,
and Reconnaissance Integration Roadmap to guide the
development and integration of the Department of Defense
intelligence, surveillance, and reconnaissance capabilities
for 15 years.
(e) Report.--(1) Not later than September 30, 2004, the
Under Secretary of Defense for Intelligence shall submit to
the committees of Congress specified in paragraph (2) a
report on the Defense Intelligence, Surveillance, and
Reconnaissance Integration Roadmap developed under subsection
(d). The report shall include the following matters:
(A) The fundamental goals established in the roadmap.
(B) An overview of the intelligence, surveillance, and
reconnaissance integration activities of the military
departments and the intelligence agencies of the Department
of Defense.
(C) An investment strategy for achieving--
(i) an integration of Department of Defense intelligence,
surveillance, and reconnaissance capabilities that ensures
sustainment of needed tactical and operational efforts; and
(ii) efficient investment in new intelligence,
surveillance, and reconnaissance capabilities.
(D) A discussion of how intelligence gathered and analyzed
by the Department of Defense can enhance the role of the
Department of Defense in fulfilling its homeland security
responsibilities.
(E) A discussion of how counterintelligence activities of
the Armed Forces and the Department of Defense intelligence
agencies can be better integrated.
(F) Recommendations on how annual funding authorizations
and appropriations can be optimally structured to best
support the development of a fully integrated Department of
Defense intelligence, surveillance, and reconnaissance
architecture.
(2) The committees of Congress referred to in paragraph (1)
are as follows:
(A) The Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate.
(B) The Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 925. ESTABLISHMENT OF THE NATIONAL GUARD OF THE NORTHERN
MARIANA ISLANDS.
(a) Establishment.--The Secretary of Defense may cooperate
with the Governor of the Northern Mariana Islands to
establish the National Guard of the Northern Mariana Islands,
and may integrate into the Army National Guard of the United
States and the Air National Guard of the United States the
members of the National Guard of the Northern Mariana Islands
who are granted Federal recognition under title 32, United
States Code.
(b) Amendments to Title 10.--(1) Section 101 of title 10,
United States Code, is amended--
(A) in subsection (c), by inserting ``the Northern Mariana
Islands,'' after ``Puerto Rico,'' in paragraphs (2) and (4);
and
(B) in subsection (d)(5), by inserting ``the Commonwealth
of the Northern Mariana Islands,'' after ``the Commonwealth
of Puerto Rico,''.
[[Page S6114]]
(2) Section 10001 of such title is amended by inserting
``the Commonwealth of the Northern Mariana Islands,'' after
``the Commonwealth of Puerto Rico,''.
(c) Amendments to Title 32.--Title 32, United States Code,
is amended as follows:
(1) Section 101 is amended--
(A) in paragraphs (4) and (6), by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''; and
(B) in paragraph (19), by inserting ``the Commonwealth of
the Northern Mariana Islands,'' after ``the Commonwealth of
Puerto Rico,''.
(2) Section 103 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico''.
(3) Section 104 is amended--
(A) in subsection (a), by striking ``and Puerto Rico'' and
inserting ``, Puerto Rico, and the Northern Mariana
Islands''; and
(B) in subsections (c) and (d), by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''.
(4) Section 107(b) is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico''.
(5) Section 109 is amended by inserting ``the Northern
Mariana Islands'' in subsections (a), (b), and (c) after
``Puerto Rico,''.
(6) Section 112(i)(3) is amended by inserting ``the
Commonwealth of the Northern Mariana Islands,'' after ``the
Commonwealth of Puerto Rico,''.
(7) Section 304 is amended by inserting ``, the Northern
Mariana Islands,'' after ``or of Puerto Rico'' in the
sentence following the oath.
(8) Section 314 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico'' in subsections (a)
and (d).
(9) Section 315 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico'' each place it
appears.
(10) Section 325(a) is amended by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''.
(11) Section 501(b) is amended by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''.
(12) Section 503(b) is amended by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''.
(13) Section 504(b) is amended by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''.
(14) Section 505 is amended by inserting ``or the Northern
Mariana Islands,'' after ``Puerto Rico,'' in the first
sentence.
(15) Section 509(l)(1) is amended by inserting ``the
Commonwealth of the Northern Mariana Islands,'' after ``the
Commonwealth of Puerto Rico,''.
(16) Section 702 is amended--
(A) in subsection (a), by inserting ``, or the Northern
Mariana Islands,'' after ``Puerto Rico''; and
(B) in subsections (b), (c), and (d), by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''.
(17) Section 703 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico'' in subsections (a)
and (b).
(18) Section 704 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico'' in subsections (a)
and (b).
(19) Section 708 is amended--
(A) in subsection (a), by striking ``and Puerto Rico,'' and
inserting ``Puerto Rico, and the Northern Mariana Islands,'';
and
(B) in subsection (d), by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico''.
(20) Section 710 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico'' each place it
appears in subsections (c), (d)(3), (e), and (f)(1).
(21) Section 711 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico''.
(22) Section 712(1) is amended by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''.
(23) Section 715(c) is amended by striking ``or the
District of Columbia or Puerto Rico,'' and inserting ``, the
District of Columbia, Puerto Rico, or the Northern Mariana
Islands''.
(d) Amendments to Title 37.--Section 101 of title 37,
United States Code, is amended by striking ``the Canal
Zone,'' in paragraphs (7) and (9) and inserting ``the
Northern Mariana Islands,''.
(e) Other References.--Any reference that is made in any
other provision of law or in any regulation of the United
States to a State, or to the Governor of a State, in relation
to the National Guard (as defined in section 101(3) of title
32, United States Code) shall be considered to include a
reference to the Commonwealth of the Northern Mariana Islands
or to the Governor of the Northern Mariana Islands,
respectively.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 2004
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not
exceed $3,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2004.
(a) Fiscal Year 2004 Limitation.--The total amount
contributed by the Secretary of Defense in fiscal year 2004
for the common-funded budgets of NATO may be any amount up
to, but not in excess of, the amount specified in subsection
(b) (rather than the maximum amount that would otherwise be
applicable to those contributions under the fiscal year 1998
baseline limitation).
(b) Total Amount.--The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2003, of funds appropriated for fiscal years
before fiscal year 2004 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be
appropriated by titles II and III of this Act are available
for contributions for the common-funded budgets of NATO as
follows:
(1) Of the amount provided in section 201(1), $853,000 for
the Civil Budget.
(2) Of the amount provided in section 301(1), $207,125,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO'' means the Military Budget, the
Security Investment Program, and the Civil Budget of the
North Atlantic Treaty Organization (and any successor or
additional account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.
SEC. 1003. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2003.
(a) DOD and DOE Authorizations.--Amounts authorized to be
appropriated to the Department of Defense and the Department
of Energy for fiscal year 2003 in the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314) are hereby adjusted, with respect to any such
authorized amount, by the amount by which appropriations
pursuant to such authorization are increased (by a
supplemental appropriation) or decreased (by a rescission),
or both, or are increased by a transfer of funds, pursuant to
title I of Public Law 108-11.
(b) Report on Fiscal Year 2003 Transfers.--Not later than
30 days after the end of each fiscal quarter for which
unexpended balances of funds appropriated under title I of
Public Law 108-11 are available for the Department of
Defense, the Secretary of Defense shall submit to the
congressional defense committees a report stating, for each
transfer of such funds during such fiscal quarter of an
amount provided for the Department of Defense through a so-
called ``transfer account'', including the Iraqi Freedom Fund
or any other similar account--
(1) the amount of the transfer;
(2) the appropriation account to which the transfer was
made; and
(3) the specific purpose for which the transferred funds
were used or are to be used.
Subtitle B--Improvement of Travel Card Management
SEC. 1011. MANDATORY DISBURSEMENT OF TRAVEL ALLOWANCES
DIRECTLY TO TRAVEL CARD CREDITORS.
Section 2784a(a) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``The Secretary of
Defense may require'' and inserting ``The Secretary of
Defense shall require'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary of Defense may waive the requirement
for a direct payment to a travel care issuer under paragraph
(1) in any
[[Page S6115]]
case in which it is determined under regulations prescribed
by the Secretary that the direct payment would be against
equity and good conscience or would be contrary to the best
interests of the United States.''.
SEC. 1012. DETERMINATIONS OF CREDITWORTHINESS FOR ISSUANCE OF
DEFENSE TRAVEL CARD.
Section 2784a of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Determinations of Creditworthiness for Issuance of
Defense Travel Card.--(1) The Secretary of Defense shall
require that the creditworthiness of an individual be
evaluated before a Defense travel card is issued to the
individual. The evaluation may include an examination of the
individual's credit history in available credit records.
``(2) An individual may not be issued a Defense travel card
if the individual is found not creditworthy as a result of
the evaluation required under paragraph (1).''.
SEC. 1013. DISCIPLINARY ACTIONS AND ASSESSING PENALTIES FOR
MISUSE OF DEFENSE TRAVEL CARDS.
(a) Requirement for Guidance.--The Secretary of Defense
shall prescribe guidelines and procedures for making
determinations regarding the taking of disciplinary action,
including assessment of penalties, against Department of
Defense personnel for improper, fraudulent, or abusive use of
Defense travel cards by such personnel.
(b) Actions Covered.--The disciplinary actions and
penalties covered by the guidance and procedures prescribed
under subsection (a) may include the following:
(1) Civil actions for false claims under sections 3729
through 3731 of title 31, United States Code.
(2) Administrative remedies for false claims and statements
provided under chapter 38 of title 31, United States Code.
(3) In the case of civilian personnel, adverse personnel
actions under chapter 75 of title 5, United States Code, and
any other disciplinary actions available under law for
employees of the United States.
(4) In the case of members of the Armed Forces,
disciplinary actions and penalties under chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice).
(c) Report.--Not later than February 1, 2004, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on
the guidelines and penalties prescribed under subsection (a).
The report shall include the following:
(1) The guidelines and penalties.
(2) A discussion of the implementation of the guidelines
and penalties.
(3) A discussion of any additional administrative action,
or any recommended legislation, that the Secretary considers
necessary to effectively take disciplinary action against and
penalize Department of Defense personnel for improper,
fraudulent, or abusive use of Defense travel cards by such
personnel.
(d) Defense Travel Card Defined.--In this section, the term
``Defense travel card'' has the meaning given such term in
section 2784a(d)(1) of title 10, United States Code.
Subtitle C--Reports
SEC. 1021. ELIMINATION AND REVISION OF VARIOUS REPORTING
REQUIREMENTS APPLICABLE TO THE DEPARTMENT OF
DEFENSE.
(a) Provisions of Title 10.--Title 10, United States Code,
is amended as follows:
(1) Section 128 is amended by striking subsection (d).
(2) Section 437 is amended--
(A) by striking subsection (b); and
(B) in subsection (c)--
(i) by striking ``and'' at the end of paragraph (2);
(ii) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(iii) by adding at the end the following new paragraph:
``(4) a description of each corporation, partnership, and
other legal entity that was established during such fiscal
year.''.
(3)(A) Section 520c is amended--
(i) by striking subsection (b);
(ii) by striking ``(a) Provision of Meals and
Refreshments.''; and
(iii) by striking the heading for such section and
inserting the following:
``Sec. 520c. Provision of meals and refreshments for
recruiting purposes''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 31 of such title is
amended to read as follow:
``520c. Provision of meals and refreshments for recruiting purposes.''.
(4) Section 986 is amended by striking subsection (e).
(5) Section 1060 is amended by striking subsection (d).
(6) Section 2212 is amended by striking subsections (d) and
(e).
(7) Section 2224 is amended by striking subsection (e).
(8) Section 2255(b) is amended--
(A) by striking paragraph (2);
(B) by striking ``(b) Exception.--(1)'' and inserting ``(b)
Exception.--'';
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(D) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively.
(9) Section 2323(i) is amended by striking paragraph (3).
(10) Section 2350a is amended by striking subsection (f).
(11) Section 2350b(d) is amended--
(A) by striking paragraphs (1) and (2) and inserting the
following new paragraph:
``(1) Not later than 90 days after the end of each fiscal
year in which the Secretary of Defense has authority
delegated as described in subsection (a), the Secretary shall
submit to Congress a report on the administration of such
authority under this section. The report for a fiscal year
shall include the following information:
``(A) Each prime contract that the Secretary required to be
awarded to a particular prime contractor during such fiscal
year, and each subcontract that the Secretary required be
awarded to a particular subcontractor during such fiscal
year, to comply with a cooperative agreement, together with
the reasons that the Secretary exercised authority to
designate a particular contractor or subcontractor, as the
case may be.
``(B) Each exercise of the waiver authority under
subsection (c) during such fiscal year, including the
particular provision or provisions of law that were
waived.''; and
(B) by redesignating paragraph (3) as paragraph (2).
(12) Section 2371(h) is amended by adding at the end the
following new paragraph:
``(3) No report is required under this section for fiscal
years after fiscal year 2006.''.
(13) Section 2515(d) is amended--
(A) by striking ``Annual Report.--'' and inserting
``Biennial Report.--''; and
(B) in paragraph (1)--
(i) in the second sentence, by striking ``each year'' and
inserting ``each even-numbered year''; and
(ii) in the third sentence, by striking ``during the fiscal
year'' and inserting ``during the two fiscal years''.
(14) Section 2541d is amended--
(A) by striking subsection (b); and
(B) by striking ``(a) Report by Commercial Firms to
Secretary of Defense.--''.
(15) Section 2645(d) is amended--
(A) by striking ``to Congress'' and all that follows
through ``notification of the loss'' in paragraph (1) and
inserting ``to Congress notification of the loss'';
(B) by striking ``loss; and'' and inserting ``loss.''; and
(C) by striking paragraph (2).
(16) Section 2680 is amended by striking subsection (e).
(17) Section 2688(e) is amended to read as follows:
``(e) Quarterly Report.--(1) Not later than 30 days after
the end of each quarter of a fiscal year, the Secretary shall
submit to the congressional defense committees a report on
the conveyances made under subsection (a) during such fiscal
quarter. The report shall include, for each such conveyance,
an economic analysis (based upon accepted life-cycle costing
procedures approved by the Secretary of Defense)
demonstrating that--
``(A) the long-term economic benefit of the conveyance to
the United States exceeds the long-term economic cost of the
conveyance to the United States; and
``(B) the conveyance will reduce the long-term costs of the
United States for utility services provided by the utility
system concerned.
``(2) In this section, the term `congressional defense
committees' means the following:
``(A) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
``(B) The Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.''.
(18) Section 2807(b) is amended by striking ``$500,000''
and inserting ``$1,000,000''.
(19) Section 2827 is amended--
(A) by striking subsection (b); and
(B) by striking ``(a) Subject to subsection (b), the
Secretary'' and inserting ``The Secretary''.
(20) Section 2902(g) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(g)(1)'' and inserting ``(g)''.
(21) Section 9514 is amended--
(A) in subsection (c)--
(i) by striking ``to Congress'' and all that follows
through ``notification of the loss'' in paragraph (1) and
inserting ``to Congress notification of the loss'';
(ii) by striking ``loss; and'' and inserting ``loss.''; and
(iii) by striking paragraph (2); and
(B) by striking subsection (f).
(b) National Defense Authorization Act for Fiscal Years
1992 and 1993.--Section 734 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 105 Stat. 1411; 10 U.S.C. 1074 note) is amended by
striking subsection (c).
(c) National Defense Authorization Act for Fiscal Year
1993.--Section 324 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2367; 10
U.S.C. 2701 note) is amended--
(1) by striking subsection (b); and
(2) in subsection (a), by striking ``(a) Sense of
Congress.--''.
(d) National Defense Authorization Act for Fiscal Year
1995.--Section 721 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2804; 10
U.S.C. 1074 note) is amended by striking subsection (h).
(e) National Defense Authorization Act for Fiscal Year
1997.--Section 324(c) of the
[[Page S6116]]
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2480; 10 U.S.C. 2706 note) is
amended by inserting ``before 2006'' after ``submitted to
Congress''.
(f) Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999.--The Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261)
is amended--
(1) in section 745(e) (112 Stat. 2078; 10 U.S.C. 1071
note)--
(A) by striking paragraph (2); and
(B) by striking ``TRICARE.--(1) The'' and inserting
``TRICARE.--The'' ; and
(2) effective on January 1, 2004, by striking section 1223
(112 Stat. 2154; 22 U.S.C. 1928 note).
(g) National Defense Authorization Act for Fiscal Year
2000.--The National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65) is amended--
(1) by striking section 1025 (113 Stat. 748; 10 U.S.C. 113
note);
(2) in section 1039 (113 Stat. 756; 10 U.S.C. 113 note), by
striking subsection (b); and
(3) in section 1201 (113 Stat. 779; 10 U.S.C. 168 note) by
striking subsection (d).
(h) Department of Defense and Emergency Supplemental
Appropriations for Recovery From and Response to Terrorist
Attacks on the United States Act, 2002.--Section 8009 of the
Department of Defense and Emergency Supplemental
Appropriations for Recovery from and Response to Terrorist
Attacks on the United States Act, 2002 (Public Law 107-117;
115 Stat. 2249) is amended by striking ``, and these
obligations shall be reported to the Congress as of September
30 of each year''.
SEC. 1022. GLOBAL STRIKE PLAN.
(a) Integrated Plan for Prompt Global Strike.--The
Secretary of Defense shall prescribe an integrated plan for
developing, deploying, and sustaining a prompt global strike
capability in the Armed Forces. The Secretary shall update
the plan annually.
(b) Reports Required.--(1) Not later than April 1 of each
of 2004, 2005, and 2006, the Secretary shall submit to the
congressional defense committees a report on the plan
prescribed under subsection (a).
(2) Each report required under paragraph (1) shall include
the following:
(A) A description and assessment of the targets against
which long-range strike assets might be directed and the
conditions under which the assets might be used.
(B) The role of, and plans for ensuring, sustainment and
modernization of current long-range strike assets, including
bombers, intercontinental ballistic missiles, and submarine
launched ballistic missiles.
(C) A description of the capabilities desired for advanced
long-range strike assets and plans to achieve those
capabilities.
(D) A description of the capabilities desired for advanced
conventional munitions and the plans to achieve those
capabilities.
(E) An assessment of advanced nuclear concepts that could
contribute to the prompt global strike mission.
(F) An assessment of the command, control, and
communications capabilities necessary to support prompt
global strike capabilities.
(G) An assessment of intelligence, surveillance, and
reconnaissance capabilities necessary to support prompt
global strike capabilities.
(H) A description of how prompt global strike capabilities
are to be integrated with theater strike capabilities.
(I) An estimated schedule for achieving the desired prompt
global strike capabilities.
(J) The estimated cost of achieving the desired prompt
global strike capabilities.
(K) A description of ongoing and future studies necessary
for updating the plan appropriately.
SEC. 1023. REPORT ON THE CONDUCT OF OPERATION IRAQI FREEDOM.
(a) Report Required.--(1) The Secretary of Defense shall
summit to the congressional defense committees, not later
than March 31, 2004, a report on the conduct of military
operations under Operation Iraqi Freedom.
(2) The report shall be prepared in consultation with the
Chairman of the Joint Chiefs of Staff, the Commander of the
United States Central Command, and such other officials as
the Secretary considers appropriate.
(b) Content.--(1) The report shall include a discussion of
the matters described in paragraph (2), with a particular
emphasis on accomplishments and shortcomings and on near-term
and long-term corrective actions to address the shortcomings.
(2) The matters to be discussed in the report are as
follows:
(A) The military objectives of the international coalition
conducting Operation Iraqi Freedom, the military strategy
selected to achieve the objectives, and an assessment of the
execution of the military strategy.
(B) The deployment process, including the adaptability of
the process to unforeseen contingencies and changing
requirements.
(C) The reserve component mobilization process, including
the timeliness of notification, training, and subsequent
demobilization.
(D) The use and performance of major items of United States
military equipment, weapon systems, and munitions (including
items classified under special access procedures and items
drawn from prepositioned stocks) and any expected effects of
the experience with the use and performance of those items on
the doctrinal and tactical employment of such items and on
plans for continuing the acquisition of such items.
(E) Any additional identified requirements for military
equipment, weapon systems, and munitions, including mix and
quantity for future contingencies.
(F) The effectiveness of joint air operations, including
the doctrine for the employment of close air support in the
varied environments of Operation Iraqi Freedom, and the
effectiveness of attack helicopter operations.
(G) The use of special operations forces, including
operational and intelligence uses.
(H) The scope of logistics support, including support from
other nations.
(I) The incidents of accidental fratricide, together with a
discussion of the effectiveness of the tracking of friendly
forces and of the combat identification systems in mitigating
friendly fire incidents.
(J) The adequacy of spectrum and bandwidth to transmit all
necessary information to operational forces and assets,
including unmanned aerial vehicles, ground vehicles, and
individual soldiers.
(K) The effectiveness of information operations, including
the effectiveness of Commando Solo and other psychological
operations assets, in achieving established objectives,
together with a description of technological and other
restrictions on the use of psychological operations
capabilities.
(L) The effectiveness of the reserve component forces used
in Operation Iraqi Freedom.
(M) The adequacy of intelligence support to the warfighter
before, during, and after combat operations, including the
adequacy of such support to facilitate searches for weapons
of mass destruction.
(N) The rapid insertion and integration, if any, of
developmental but mission-essential equipment during all
phases of the operation.
(O) The most critical lessons learned that could lead to
long-term doctrinal, organizational, and technological
changes, and the probable effects that an implementation of
those changes would have on current visions, goals, and plans
for transformation of the Armed Forces.
(c) Forms of Report.--The report shall be submitted in
unclassified form, but may also be submitted in classified
form if necessary.
SEC. 1024. REPORT ON MOBILIZATION OF THE RESERVES.
(a) Requirement for Report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
mobilization of reserve component forces during fiscal years
2002 and 2003.
(b) Content.--The report under subsection (a) shall
include, for the period covered by the report, the following
information:
(1) The number of Reserves who were called or ordered to
active duty under a provision of law referred to in section
101(a)(13)(B) of title 10, United States Code.
(2) The number of such Reserves who were called or ordered
to active duty for one year or more, including any extensions
on active duty.
(3) The military specialties of the Reserves counted under
paragraph (2).
(4) The number of Reserves who were called or ordered to
active duty more than once under a provision of law referred
to in section 101(a)(13)(B) of title 10, United States Code.
(5) The military specialties of the Reserves counted under
paragraph (4).
(6) The known effects on the reserve components, including
the effects on recruitment and retention of personnel for the
reserve components, that have resulted from--
(A) the calls and orders of Reserves to active duty; and
(B) the tempo of the service of the Reserves on the active
duty to which called or ordered.
(7) The changes in the Armed Forces, including any changes
in the allocation of roles and missions between the active
components and the reserve components of the Armed Forces,
that are envisioned by the Secretary of Defense on the basis
of--
(A) the effects discussed under paragraph (6); or
(B) the experienced need for calling and ordering Reserves
to active duty during the period.
(8) An assessment of how necessary it would be to call or
order Reserves to active duty in the event of a war or
contingency operation (as defined in section 101(a)(13) of
title 10, United States Code) if such changes were
implemented.
(9) On the basis of the experience of calling and ordering
Reserves to active duty during the period, an assessment of
the process for calling and ordering Reserves to active duty,
preparing such Reserves for the active duty, processing the
Reserves into the force upon entry onto active duty, and
deploying the Reserves, including an assessment of the
adequacy of the alert and notification process from the
perspectives of the individual Reserves, reserve component
units, and employers of Reserves.
Subtitle D--Other Matters
SEC. 1031. BLUE FORCES TRACKING INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) For military commanders, a principal purpose of
technology is to enable the commanders to ascertain the
location of the units in their commands in near real time.
[[Page S6117]]
(2) Each of the Armed Forces is developing and testing a
variety of technologies for tracking friendly forces (known
as ``blue forces'').
(3) Situational awareness of blue forces has been much
improved since the 1991 Persian Gulf War, but blue forces
tracking remains a complex problem characterized by
information that is incomplete, not fully accurate, or
untimely.
(4) Casualties in recent warfare have declined, but
casualties associated with friendly fire incidents have
remained relatively constant.
(5) Despite significant investment, a coordinated,
interoperable plan for tracking blue forces throughout a
United States or coalition forces theater of operations has
not been developed.
(b) Goal.--It shall be a goal of the Department of Defense
to fully coordinate the various efforts of the Joint Staff,
the commanders of the combatant commands, and the military
departments to develop an effective blue forces tracking
system.
(c) Joint Blue Forces Tracking Experiment.--(1) The
Secretary of Defense, through the Commander of the United
States Joint Forces Command, shall carry out a joint
experiment in fiscal year 2004 to demonstrate and evaluate
available joint blue forces tracking technologies.
(2) The objectives of the experiment are as follows:
(A) To explore various options for tracking United States
and other friendly forces during combat operations.
(B) To determine an optimal, achievable, and ungradable
solution for the development, acquisition, and fielding of a
system for tracking all United States military forces that is
coordinated and interoperable and also accommodates the
participation of military forces of allied nations with
United States forces in combat operations.
(d) Report.--Not later than 60 days after the conclusion of
the experiment under subsection (c), but not later than
December 1, 2004, the Secretary shall submit to the
congressional defense committees a report on the results of
the experiment, together with a comprehensive plan for the
development, acquisition, and fielding of a functional, near
real time blue forces tracking system.
SEC. 1032. LOAN, DONATION, OR EXCHANGE OF OBSOLETE OR SURPLUS
PROPERTY.
During fiscal years 2004 and 2005, the Secretary of the
military department concerned may exchange for an historical
artifact any obsolete or surplus property held by such
military department in accordance with section 2572 of title
10, United States Code, without regard to whether the
property is described in subsection (c) of such section.
SEC. 1033. ACCEPTANCE OF GIFTS AND DONATIONS FOR ASIA-PACIFIC
CENTER FOR SECURITY STUDIES.
(a) Authorized Sources of Gifts and Donations.--Subsection
(a) of section 2611 of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``foreign gifts and
donations'' and inserting ``gifts and donations from sources
described in paragraph (2)'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The sources from which gifts and donations may be
accepted under paragraph (1) are as follows:
``(A) A department or agency of the Federal Government.
``(B) The government of a State or of a political
subdivision of a State.
``(C) The government of a foreign country.
``(D) A foundation or other charitable organization,
including a foundation or charitable organization that is
organized or operates under the laws of a foreign country.
``(E) Any source in the private sector of the United States
or a foreign country.''.
(b) Conforming Amendments.--(1) The headings for
subsections (a) and (f) of such section are amended by
striking ``Foreign''.
(2) Subsection (c) is amended by striking ``foreign''.
(3) Subsection (f) is amended--
(A) by striking ``foreign''; and
(B) by striking ``faculty services)'' and all that follows
and inserting ``faculty services).''.
(4)(A) The heading of such section is amended to read as
follows:
``Sec. 2611. Asia-Pacific Center for Security Studies:
acceptance of gifts and donations''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 155 is amended to read
as follows:
``2611. Asia-Pacific Center for Security Studies: acceptance of gifts
and donations.''.
SEC. 1034. PROVISION OF LIVING QUARTERS FOR CERTAIN STUDENTS
WORKING AT NATIONAL SECURITY AGENCY LABORATORY.
Section 2195 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) The Director of the National Security Agency may
provide living quarters to a student in the Student
Educational Employment Program or similar program (as
prescribed by the Office of Personnel Management) while the
student is employed at the laboratory of the Agency.
``(2) Notwithstanding section 5911(c) of title 5, living
quarters may be provided under paragraph (1) without charge,
or at rates or charges specified in regulations prescribed by
the Director.''.
SEC. 1035. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
SECURITY AGENCY.
(a) In General.--Subchapter II of chapter 8 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 204. Operational files of the National Security
Agency: authority to withhold from public disclosure
``(a) Authority.--The Secretary of Defense may withhold
from public disclosure operational files of the National
Security Agency to the same extent that operational files may
be withheld under section 701 of the National Security Act of
1947 (50 U.S.C. 431).
``(b) Operational Files Defined.--In 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. Files that contain disseminated intelligence are not
operational files.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``204. Operational files of the National Security Agency: authority to
withhold from public disclosure.''.
SEC. 1036. TRANSFER OF ADMINISTRATION OF NATIONAL SECURITY
EDUCATION PROGRAM TO DIRECTOR OF CENTRAL
INTELLIGENCE.
(a) In General.--Section 802 of the David L. Boren National
Security Education Act of 1991 (title VIII of Public Law 102-
183; 50 U.S.C. 1902) is amended--
(1) in subsection (a), by striking ``Secretary of Defense''
and inserting ``Director of Central Intelligence''; and
(2) by striking ``Secretary'' each place it appears (other
than in subsection (h)) and inserting ``Director''.
(b) Awards To Attend Foreign Language Center.--Section
802(h) of such Act (50 U.S.C. 1902(h)) is amended by
inserting ``of Defense'' after ``Secretary'' each place it
appears.
(c) National Security Education Board.--(1) Section 803 of
such Act (50 U.S.C. 1903) is amended--
(A) in subsection (a), by striking ``Secretary of Defense''
and inserting ``Director'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Secretary of Defense''
and inserting ``Director'';
(ii) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(iii) by inserting after paragraph (1), as so amended, the
following new paragraph (2):
``(2) The Secretary of Defense.'';
(C) in subsection (c), by striking ``subsection (b)(6)''
and inserting ``subsection (b)(8)''; and
(D) in subsection (d), by striking ``Secretary'' each place
it appears and inserting ``Director''.
(2) Section 806(d) of such Act (50 U.S.C. 1906(d)) is
amended by striking ``paragraphs (1) through (7)'' and
inserting ``paragraphs (2) through (8)''.
(d) Administrative Provisions.--Section 805 of such Act (50
U.S.C. 1905) is amended by striking ``Secretary'' each place
it appears and inserting ``Director''.
(e) Annual Report.--Section 806 of such Act (50 U.S.C.
1906) is amended by striking ``Secretary'' each place it
appears and inserting ``Director''.
(f) Audits.--Section 807 of such Act (50 U.S.C. 1907) is
amended by striking ``Department of Defense'' and inserting
``Central Intelligence Agency''.
(g) Definition.--Section 808 of such Act (50 U.S.C. 1908)
is amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(2) by inserting before paragraph (2) the following new
paragraph (1):
``(1) The term `Director' means the Director of Central
Intelligence.''.
(h) Matters Relating to National Flagship Language
Initiative.--(1) Effective as if included therein as enacted
by section 333(a) of the Intelligence Authorization Act for
Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2396),
section 802(i)(1) of the David L. Boren National Security
Education Act of 1991 is amended by striking ``Secretary''
and inserting ``Director''.
(2) Effective as if included therein as enacted by section
333(b) of the Intelligence Authorization Act for Fiscal Year
2003 (116 Stat. 2397), section 811(a) of the David L. Boren
National Security Education Act of 1991 is amended by
striking ``Secretary'' each place it appears and inserting
``Director''.
(i) Effect of Transfer of Administration on Service
Agreements.--(1) The transfer to the Director of Central
Intelligence of the administration of the National Security
Education Program as a result of the amendments made by this
section shall not affect the force, validity, or terms of any
service agreement entered into under section 802(b) of the
David L. Boren National Security Education Act of 1991 (title
VIII of Public Law 102-183; 50 U.S.C. 1902(b)) before the
date of the enactment of this Act that is in force as of that
date, except that the Director shall administer such service
agreement in lieu of the Secretary of Defense.
(2) Notwithstanding any other provision of law, the
Director of Central Intelligence may, for purposes of the
implementation of any service agreement referred to in
paragraph (1), adopt regulations for the implementation of
such service agreement that
[[Page S6118]]
were prescribed by the Secretary of Defense under the David
L. Boren National Security Education Act of 1991 before the
date of the enactment of this Act.
(j) Repeal of Satisfied Requirements.--Section 802(g) of
the David L. Boren National Security Education Act of 1991
(title VIII of Public Law 102-183; 50 U.S.C. 1902(g)) is
amended--
(1) in paragraph (1)--
(A) by striking ``(1)''; and
(B) by striking the second sentence; and
(2) by striking paragraph (2).
(k) Technical Amendment.--Paragraph (5)(A) of section 808
of such Act, as redesignated by subsection (g)(1) of this
section, is further amended by striking ``a agency'' and
inserting ``an agency''.
SEC. 1037. REPORT ON USE OF UNMANNED AERIAL VEHICLES FOR
SUPPORT OF HOMELAND SECURITY MISSIONS.
(a) Requirement for Report.--Not later than April 1, 2004,
the President shall submit to Congress a report on the
potential uses of unmanned aerial vehicles for support of the
performance of homeland security missions.
(b) Content.--The report shall, at a minimum, include the
following matters:
(1) An assessment of the potential for using unmanned
aerial vehicles for monitoring activities in remote areas
along the northern and southern borders of the United States.
(2) An assessment of the potential for using long-
endurance, land-based unmanned aerial vehicles for supporting
the Coast Guard in the performance of its homeland security
missions, drug interdiction missions, and other maritime
missions along the approximately 95,000 miles of inland
waterways in the United States.
(3) An assessment of the potential for using unmanned
aerial vehicles for monitoring the safety and integrity of
critical infrastructure within the territory of the United
States, including the following:
(A) Oil and gas pipelines.
(B) Dams.
(C) Hydroelectric power plants.
(D) Nuclear power plants.
(E) Drinking water utilities.
(F) Long-distance power transmission lines.
(4) An assessment of the potential for using unmanned
aerial vehicles for monitoring the transportation of
hazardous cargo.
(5) A discussion of the safety issues involved in--
(A) the use of unmanned aerial vehicles by agencies other
than the Department of Defense; and
(B) the operation of unmanned aerial vehicles over
populated areas of the United States.
(6) A discussion of--
(A) the effects on privacy and civil liberties that could
result from the monitoring uses of unmanned aerial vehicles
operated over the territory of the United States; and
(B) any restrictions on the domestic use of unmanned aerial
vehicles that should be imposed, or any other actions that
should be taken, to prevent any adverse effect of such a use
of unmanned aerial vehicles on privacy or civil liberties.
(7) A discussion of what, if any, legislation and
organizational changes may be necessary to accommodate the
use of unmanned aerial vehicles of the Department of Defense
in support of the performance of homeland security missions,
including any amendment of section 1385 of title 18, United
States Code (popularly referred to as the ``Posse Comitatus
Act'').
(8) An evaluation of the capabilities of manufacturers of
unmanned aerial vehicles to produce such vehicles at higher
rates if necessary to meet any increased requirements for
homeland security and homeland defense missions.
(c) Referral to Committees.--The report under subsection
(a) shall be referred--
(1) upon receipt in the Senate, to the Committee on Armed
Services of the Senate; and
(2) upon receipt in the House of Representatives, to the
Committee on Armed Services of the House of Representatives.
SEC. 1038. CONVEYANCE OF SURPLUS T-37 AIRCRAFT TO AIR FORCE
AVIATION HERITAGE FOUNDATION, INCORPORATED.
(a) Authority.--The Secretary of the Air Force may convey,
without consideration, to the Air Force Aviation Heritage
Foundation, Incorporated, of Georgia (in this section
referred to as the ``Foundation''), all right, title, and
interest of the United States in and to one surplus T-37
``Tweet'' aircraft. The conveyance shall be made by means of
a conditional deed of gift.
(b) Condition of Aircraft.--The Secretary may not convey
ownership of the aircraft under subsection (a) until the
Secretary determines that the Foundation has altered the
aircraft in such manner as the Secretary determines necessary
to ensure that the aircraft does not have any capability for
use as a platform for launching or releasing munitions or any
other combat capability that it was designed to have. The
Secretary is not required to repair or alter the condition of
the aircraft before conveying ownership of the aircraft.
(c) Conditions for Conveyance.--(1) The conveyance of a T-
37 aircraft under this section shall be subject to the
following conditions:
(A) That the Foundation not convey any ownership interest
in, or transfer possession of, the aircraft to any other
party without the prior approval of the Secretary of the Air
Force.
(B) That the operation and maintenance of the aircraft
comply with all applicable limitations and maintenance
requirements imposed by the Administrator of the Federal
Aviation Administration.
(C) That if the Secretary of the Air Force determines at
any time that the Foundation has conveyed an ownership
interest in, or transferred possession of, the aircraft to
any other party without the prior approval of the Secretary,
or has failed to comply with the condition set forth in
subparagraph (B), all right, title, and interest in and to
the aircraft, including any repair or alteration of the
aircraft, shall revert to the United States, and the United
States shall have the right of immediate possession of the
aircraft.
(2) The Secretary shall include the conditions under
paragraph (1) in the instrument of conveyance of the T-37
aircraft.
(d) Conveyance at No Cost to the United States.--Any
conveyance of a T-37 aircraft under this section shall be
made at no cost to the United States. Any costs associated
with such conveyance, costs of determining compliance by the
Foundation with the conditions in subsection (b), and costs
of operation and maintenance of the aircraft conveyed shall
be borne by the Foundation.
(e) Additional Terms and Conditions.--The Secretary of the
Air Force may require such additional terms and conditions in
connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
(f) Clarification of Liability.--Notwithstanding any other
provision of law, upon the conveyance of ownership of a T-37
aircraft to the Foundation under subsection (a), the United
States shall not be liable for any death, injury, loss, or
damage that results from any use of that aircraft by any
person other than the United States.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
SEC. 1101. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT
THE WESTERN HEMISPHERE INSTITUTE FOR SECURITY
COOPERATION.
Section 1595(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(6) The Western Hemisphere Institute for Security
Cooperation.''.
SEC. 1102. PAY AUTHORITY FOR CRITICAL POSITIONS.
(a) Authority.--Chapter 81 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 1599e. Pay authority for critical positions
``(a) Authority Generally.--(1) When the Secretary of
Defense seeks a grant of authority under section 5377 of
title 5 for critical pay for one or more positions within the
Department of Defense, the Director of the Office of
Management and Budget may fix the rate of basic pay,
notwithstanding sections 5377(d)(2) and 5307 of such title,
at any rate up to the salary set in accordance with section
104 of title 3.
``(2) Notwithstanding section 5307 of title 5, no
allowance, differential, bonus, award, or similar cash
payment may be paid to any employee receiving critical pay at
a rate fixed under paragraph (1), in any calendar year if, or
to the extent that, the employee's total annual compensation
will exceed the maximum amount of total annual compensation
payable at the salary set in accordance with section 104 of
title 3.
``(b) Temporary Streamlined Critical Pay Authority.--(1)
The Secretary of Defense may establish, fix the compensation
of, and appoint persons to positions designated as critical
administrative, technical, or professional positions needed
to carry out the functions of the Department of Defense,
subject to paragraph (2).
``(2) The authority under paragraph (1) may be exercised
with respect to a position only if--
``(A) the position--
``(i) requires expertise of an extremely high level in an
administrative, technical, or professional field; and
``(ii) is critical to the successful accomplishment of an
important mission by the Department of Defense;
``(B) the exercise of the authority is necessary to recruit
or retain a person exceptionally well qualified for the
position;
``(C) the number of all positions covered by the exercise
of the authority does not exceed 40 at any one time;
``(D) in the case of a position designated as a critical
administrative, technical, or professional position by an
official other than the Secretary of Defense, the designation
is approved by the Secretary;
``(E) the term of appointment to the position is limited to
not more than four years;
``(F) the appointee to the position was not a Department of
Defense employee before the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2004;
``(G) the total annual compensation for the appointee to
the position does not exceed the highest total annual
compensation payable at the rate determined under section 104
of title 3; and
``(H) the position is excluded from collective bargaining
units.
``(3) The authority under this subsection may be exercised
without regard to--
``(A) subsection (a);
``(B) the provisions of title 5 governing appointments in
the competitive service or the Senior Executive Service; and
``(C) chapters 51 and 53 of title 5, relating to
classification and pay rates.
[[Page S6119]]
``(4) The authority under this subsection may not be
exercised after the date that is 10 years after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2004.
``(5) For so long as a person continues to serve without a
break in service in a position to which appointed under this
subsection, the expiration of authority under this subsection
does not terminate the position, terminate the person's
appointment in the position before the end of the term for
which appointed under this subsection, or affect the
compensation fixed for the person's service in the position
under this subsection during such term of appointment.
``(6) Subchapter II of chapter 75 of title 5 does not apply
to an employee during a term of service in a critical
administrative, technical, or professional position to which
the employee is appointed under this subsection.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1599e. Pay authority for critical positions.''.
SEC. 1103. EXTENSION, EXPANSION, AND REVISION OF AUTHORITY
FOR EXPERIMENTAL PERSONNEL PROGRAM FOR
SCIENTIFIC AND TECHNICAL PERSONNEL.
(a) Extension of Program.--Subsection (e)(1) of section
1101 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2139; 5
U.S.C. 3104 note) is amended by striking ``October 16, 2005''
and inserting ``September 30, 2008''.
(b) Increased Limitation on Number of Appointments.--
Subsection (b)(1)(A) of such section is amended by striking
``40'' and inserting ``50''.
(c) Commensurate Extension of Requirement for Annual
Report.--Subsection (g) of such section is amended by
striking ``2006'' and inserting ``2009''.
SEC. 1104. TRANSFER OF PERSONNEL INVESTIGATIVE FUNCTIONS AND
RELATED PERSONNEL OF THE DEPARTMENT OF DEFENSE.
(a) Transfer of Functions.--(1) With the consent of the
Director of the Office of Personnel Management, the Secretary
of Defense may transfer to the Office of Personnel Management
the personnel security investigations functions that, as of
the date of the enactment of this Act, are performed by the
Defense Security Service of the Department of Defense.
(2) The Director of the Office of Personnel Management may
accept a transfer of functions under paragraph (1).
(3) Any transfer of a function under this subsection is a
transfer of function within the meaning of section 3503 of
title 5, United States Code.
(b) Transfer of Personnel.--(1) If the Director of the
Office of Personnel Management accepts a transfer of
functions under subsection (a), the Secretary of Defense
shall also transfer to the Office of Personnel Management,
and the Director shall accept--
(A) the Defense Security Service employees who perform
those functions immediately before the transfer of functions;
and
(B) the Defense Security Service employees who, as of such
time, are first level supervisors of employees transferred
under subparagraph (A).
(2) The Secretary may also transfer to the Office of
Personnel Management any Defense Security Service employees
(including higher level supervisors) who provide support
services for the performance of the functions transferred
under subsection (a) or for the personnel (including
supervisors) transferred under paragraph (1) if the
Director--
(A) determines that the transfer of such additional
employees and the positions of such employees to the Office
of Personnel Management is necessary in the interest of
effective performance of the transferred functions; and
(B) accepts the transfer of the additional employees.
(3) In the case of an employee transferred to the Office of
Personnel Management under paragraph (1) or (2), whether a
full-time or part-time employee--
(A) subsections (b) and (c) of section 5362 of title 5,
United States Code, relating to grade retention, shall apply
to the employee, except that--
(i) the grade retention period shall be the one-year period
beginning on the date of the transfer; and
(ii) paragraphs (1), (2), and (3) of such subsection (c)
shall not apply to the employee; and
(B) the employee may not be separated, other than pursuant
to chapter 75 of title 5, United States Code, during such
one-year period.
(c) Actions After Transfer.--(1) Not later than one year
after a transfer of functions to the Office of Personnel
Management under subsection (a), the Secretary of Defense
shall review all functions performed by personnel of the
Defense Security Service at the time of the transfer and make
a written determination regarding whether each such function
is inherently governmental or is otherwise inappropriate for
performance by contractor personnel.
(2) A function performed by Defense Security Service
employees as of the date of the enactment of this Act may not
be converted to contractor performance by the Director of the
Office of Personnel Management until--
(A) the Secretary of Defense reviews the function in
accordance with the requirements of paragraph (1) and makes a
written determination that the function is not inherently
governmental and is not otherwise inappropriate for
contractor performance; and
(B) the Director conducts a public-private competition
regarding the performance of that function in accordance with
the requirements of the Office of Management and Budget
Circular A-76.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SEC. 1201. AUTHORITY TO USE FUNDS FOR PAYMENT OF COSTS OF
ATTENDANCE OF FOREIGN VISITORS UNDER REGIONAL
DEFENSE COUNTERTERRORISM FELLOWSHIP PROGRAM.
(a) Authority To Use Funds.--(1) Subchapter I of chapter
134 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 2249c. Authority to use appropriated funds for costs
of attendance of foreign visitors under Regional Defense
Counterterrorism Fellowship Program
``(a) Authority To Use Funds.--Under regulations prescribed
by the Secretary of Defense, funds appropriated to the
Department of Defense may be used to pay any costs associated
with the attendance of foreign military officers, ministry of
defense officials, or security officials at United States
military educational institutions, regional centers,
conferences, seminars, or other training programs conducted
under the Regional Defense Counterterrorism Fellowship
Program, including costs of transportation and travel and
subsistence costs.
``(b) Limitation.--The total amount of funds used under the
authority in subsection (a) in any fiscal year may not exceed
$20,000,000.
``(c) Annual Report.--Not later than December 1 of each
year, the Secretary of Defense shall submit to Congress a
report on the administration of this section during the
fiscal year ended in such year. The report shall include the
following matters:
``(1) A complete accounting of the expenditure of
appropriated funds for purposes authorized under subsection
(a), including--
``(A) the countries of the foreign officers and officials
for whom costs were paid; and
``(B) for each such country, the total amount of the costs
paid.
``(2) The training courses attended by the foreign officers
and officials, including a specification of which, if any,
courses were conducted in foreign countries.
``(3) An assessment of the effectiveness of the Regional
Defense Counterterrorism Fellowship Program in increasing the
cooperation of the governments of foreign countries with the
United States in the global war on terrorism.
``(4) A discussion of any actions being taken to improve
the program.''.
(2) The table of sections at the beginning of such
subchapter is amended by adding at the end the following new
item:
``2249c. Authority to use appropriated funds for costs of attendance of
foreign visitors under Regional Defense Counterterrorism
Fellowship Program.''.
(b) Notification of Congress.--Not later than December 1,
2003, the Secretary of Defense shall--
(1) promulgate the final regulations for carrying out
section 2249c of title 10, United States Code, as added by
subsection (a); and
(2) notify the congressional defense committees of the
promulgation of such regulations.
SEC. 1202. AVAILABILITY OF FUNDS TO RECOGNIZE SUPERIOR
NONCOMBAT ACHIEVEMENTS OR PERFORMANCE OF
MEMBERS OF FRIENDLY FOREIGN FORCES AND OTHER
FOREIGN NATIONALS.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by inserting the following new section:
``Sec. 1051a. Bilateral or regional cooperation programs:
availability of funds to recognize superior noncombat
achievements or performance
``(a) In General.--The Secretary of Defense may expend
amounts available to the Department of Defense or the
military departments for operation and maintenance for the
purpose of recognizing superior noncombat achievements or
performance of members of friendly foreign forces, or other
foreign nationals, that significantly enhance or support the
national security strategy of the United States.
``(b) Covered Achievements or Performance.--The
achievements or performance that may be recognized under
subsection (a) include achievements or performance that--
``(1) play a crucial role in shaping the international
security environment in a manner that protects and promotes
the interests of the United States;
``(2) support or enhance the United States presence
overseas or support or enhance United States peacetime
engagement activities such as defense cooperation
initiatives, security assistance training and programs, or
training and exercises with the armed forces of the United
States;
``(3) help deter aggression and coercion, build coalitions,
or promote regional stability; or
``(4) serve as models for appropriate conduct for military
forces in emerging democracies.
``(c) Limitation on Value of Mementos.--The value of any
memento procured or produced under subsection (a) may not
exceed
[[Page S6120]]
the minimal value in effect under section 7342(a)(5) of title
5.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1051 the following new item:
``1051a. Bilateral or regional cooperation programs: availability of
funds to recognize superior noncombat achievements or
performance.''.
SEC. 1203. CHECK CASHING AND EXCHANGE TRANSACTIONS FOR
FOREIGN PERSONNEL IN ALLIANCE OR COALITION
FORCES.
Section 3342(b) of title 31, United States Code, is
amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(8) a member of the armed forces of a foreign nation who
is participating in a combined operation, combined exercise,
or combined humanitarian or peacekeeping mission that is
carried out with armed forces of the United States pursuant
to an alliance or coalition of the foreign nation with the
United States if--
``(A) the senior commander of the armed forces of the
United States participating in the operation, exercise, or
mission has authorized the action under paragraph (1) or (2)
of subsection (a);
``(B) the government of the foreign nation has guaranteed
payment for any deficiency resulting from such action; and
``(C) in the case of an action on a negotiable instrument,
the negotiable instrument is drawn on a financial institution
located in the United States or on a foreign branch of such
an institution.''.
SEC. 1204. CLARIFICATION AND EXTENSION OF AUTHORITY TO
PROVIDE ASSISTANCE FOR INTERNATIONAL
NONPROLIFERATION ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year
2004.--The total amount of the assistance for fiscal year
2004 that is provided by the Secretary of Defense under
section 1505 of the Weapons of Mass Destruction Control Act
of 1992 (22 U.S.C. 5859a), including funds used for
activities of the Department of Defense in support of the
United Nations Monitoring, Verification and Inspection
Commission, shall not exceed $15,000,000.
(b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended
by striking ``fiscal year 2003'' and inserting ``fiscal year
2004''.
(c) References to United Nations Special Commission on
Iraq.--Section 1505 of the Weapons of Mass Destruction
Control Act of 1992 (22 U.S.C. 5859a) is further amended--
(1) in subsection (b)(2), by striking ``United Nations
Special Commission on Iraq (or any successor organization)''
and inserting ``United Nations Monitoring, Verification and
Inspection Commission''; and
(2) in subsection (d)(4)(A), by striking ``United Nations
Special Commission on Iraq (or any successor organization)''
and inserting ``United Nations Monitoring, Verification and
Inspection Commission''.
SEC. 1205. REIMBURSABLE COSTS RELATING TO NATIONAL SECURITY
CONTROLS ON SATELLITE EXPORT LICENSING.
(a) Direct Costs of Monitoring Foreign Launches of
Satellites.--Section 1514(a)(1)(A) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 22 U.S.C. 2778 note) is amended by
striking ``The costs of such monitoring services'' in the
second sentence and inserting the following: ``The Department
of Defense costs that are directly related to monitoring the
launch, including transportation and per diem costs,''.
(b) GAO Study.--(1) The Comptroller General shall conduct a
study of the Department of Defense costs of monitoring
launches of satellites in a foreign country under section
1514 of Public Law 105-261.
(2) Not later than April 1, 2004, the Comptroller General
shall submit a report on the study to the Committees on Armed
Services of the Senate and the House of Representatives. The
report shall include the following:
(A) An assessment of the Department of Defense costs of
monitoring the satellite launches described in paragraph (1).
(B) A review of the costs reimbursed to the Department of
Defense by each person or entity receiving the satellite
launch monitoring services, including the extent to which
indirect costs have been included.
SEC. 1206. ANNUAL REPORT ON THE NATO PRAGUE CAPABILITIES
COMMITMENT AND THE NATO RESPONSE FORCE.
(a) Findings.--Congress makes the following findings:
(1) At the meeting of the North Atlantic Council held in
Prague in November 2002, the heads of states and governments
of the North Atlantic Treaty Organization (NATO) launched a
Prague Capabilities Commitment and decided to create a NATO
Response Force.
(2) The Prague Capabilities Commitment is part of the
continuing NATO effort to improve and develop new military
capabilities for modern warfare in a high-threat environment.
As part of this commitment, individual NATO allies have made
firm and specific political commitments to improve their
capabilities in the areas of--
(A) chemical, biological, radiological, and nuclear
defense;
(B) intelligence, surveillance, and target acquisition;
(C) air-to-ground surveillance;
(D) command, control, and communications;
(E) combat effectiveness, including precision guided
munitions and suppression of enemy air defenses;
(F) strategic air and sea lift;
(G) air-to-air refueling; and
(H) deployable combat support and combat service support
units.
(3) The NATO Response Force is envisioned to be a
technologically advanced, flexible, deployable,
interoperable, and sustainable force that includes land, sea,
and air elements ready to move quickly to wherever needed, as
determined by the North Atlantic Council. The NATO Response
Force is also intended to be a catalyst for focusing and
promoting improvements in NATO's military capabilities. It is
expected to have initial operational capability by October
2004, and full operational capability by October 2006.
(b) Annual Report.--(1) Not later than January 31 of each
year, the Secretary of Defense shall submit to the Committees
on Armed Services and Foreign Relations of the Senate and the
Committees on Armed Services and International Relations of
the House of Representatives a report, to be prepared in
consultation with the Secretary of State, on implementation
of the Prague Capabilities Commitment and development of the
NATO Response Force by the member nations of NATO. The report
shall include the following matters:
(A) A description of the actions taken by NATO as a whole
and by each member nation of NATO other than the United
States to further the Prague Capabilities Commitment,
including any actions taken to improve capability shortfalls
in the areas identified for improvement.
(B) A description of the actions taken by NATO as a whole
and by each member nation of NATO, including the United
States, to create the NATO Response Force.
(C) A discussion of the relationship between NATO's efforts
to improve capabilities through the Prague Capabilities
Commitment and those of the European Union to enhance
European capabilities through the European Capabilities
Action Plan, including the extent to which they are mutually
reinforcing.
(2) The report shall be submitted in unclassified form, but
may also be submitted in classified form if necessary.
SEC. 1207. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE
ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES.
(a) General Extension of Authority.--Section 1033 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1881), as amended by section
1021 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398; 114 Stat. 1654A-255), is further amended--
(1) in subsection (a)--
(A) by inserting after ``subsection (f),'' the following:
``during fiscal years 1998 through 2006 in the case of the
foreign governments named in paragraphs (1) and (2) of
subsection (b), and fiscal years 2004 through 2006 in the
case of the foreign governments named in paragraphs (3)
through (9) of subsection (b),''; and
(B) by striking ``either or both'' and inserting ``any'';
and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``, for fiscal years 1998
through 2002''; and
(B) in paragraph (2), by striking ``, for fiscal years 1998
through 2006''.
(b) Additional Governments Eligible To Receive Support.--
Subsection (b) of such section 1033 is further amended by
adding at the end the following new paragraphs:
``(3) The Government of Afghanistan.
``(4) The Government of Bolivia.
``(5) The Government of Ecuador.
``(6) The Government of Pakistan.
``(7) The Government of Tajikistan.
``(8) The Government of Turkmenistan.
``(9) The Government of Uzbekistan.''.
(c) Types of Support.--Subsection (c) of such section 1033
is amended--
(1) in paragraph (2), by striking ``riverine''; and
(2) in paragraph (3), by inserting ``or upgrade'' after
``maintenance and repair''.
(d) Maximum Annual Amount of Support.--Subsection (e)(2) of
such section 1033, as amended by such section 1021, is
further amended by striking ``$20,000,000 during any of the
fiscal years 1999 through 2006'' and inserting ``$20,000,000
during any of fiscal years 1999 through 2003, or $40,000,000
during any of fiscal years 2004 through 2006''.
(e) Counter-Drug Plan.--(1) Subsection (h) of such section
1033 is amended--
(A) in the subsection caption, by striking ``Riverine'';
(B) in the matter preceding paragraph (1)--
(i) by inserting ``in the case of the governments named in
paragraphs (1) and (2) of subsection (b) and for fiscal year
2004 in the case of the governments named in paragraphs (3)
through (9) of subsection (b)''; and
(ii) by striking ``riverine''; and
(C) by striking ``riverine'' each place it appears in
paragraphs (2), (7), (8), and (9).
(2) Subsection (f)(2)(A) of such section 1033 is amended by
striking ``riverine''.
(f) Clerical Amendment.--The heading for such section 1033
is amended by striking ``PERU AND COLOMBIA'' and inserting
``OTHER COUNTRIES''.
[[Page S6121]]
SEC. 1208. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
(a) Authority.--(1) In fiscal years 2004 and 2005, the
Secretary of Defense may use funds available for assistance
to the Government of Colombia to support a unified campaign
against narcotics trafficking and against activities by
organizations designated as terrorist organizations such as
the Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), and the United Self-Defense
Forces of Colombia (AUC).
(2) The authority to provide assistance for a campaign
under this subsection includes authority to take actions to
protect human health and welfare in emergency circumstances,
including the undertaking of rescue operations.
(b) Applicability of Certain Laws and Limitations.--The use
of funds pursuant to the authority in subsection (a) shall be
subject to the following:
(1) Sections 556, 567, and 568 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2002 (Public Law 107-115; 115 Stat. 2160, 2165, and 2166).
(2) Section 8093 of the Department of Defense
Appropriations Act, 2002 (division A of Public Law 107-117;
115 Stat. 2267).
(3) The numerical limitations on the number of United
States military personnel and United States individual
civilian contractors in section 3204(b)(1) of the Emergency
Supplemental Act, 2000 (division B of Public Law 106-246; 114
Stat. 575).
(c) Limitation on Participation of United States
Personnel.--No United States Armed Forces personnel or United
States civilian contractor personnel employed by the United
States may participate in any combat operation in connection
with assistance using funds pursuant to the authority in
subsection (a), except for the purpose of acting in self
defense or of rescuing any United States citizen (including
any United States Armed Forces personnel, United States
civilian employee, or civilian contractor employed by the
United States).
(d) Construction with Other Authority.--The authority in
subsection (a) to use funds to provide assistance to the
Government of Colombia is in addition to any other authority
in law to provide assistance to the Government of Colombia.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2004 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2004
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $450,800,000
authorized to be appropriated to the Department of Defense
for fiscal year 2004 in section 301(22) for Cooperative
Threat Reduction programs, not more than the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$57,600,000.
(2) For strategic nuclear arms elimination in Ukraine,
$3,900,000.
(3) For nuclear weapons transportation security in Russia,
$23,200,000.
(4) For weapons storage security in Russia, $48,000,000.
(5) For weapons of mass destruction proliferation
prevention activities in the states of the former Soviet
Union, $39,400,000.
(6) For chemical weapons destruction in Russia,
$200,300,000.
(7) For biological weapons proliferation prevention
activities in the former Soviet Union, $54,200,000.
(8) For defense and military contacts, $11,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $13,100,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2004 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (9) of subsection
(a) until 30 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2004 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2004 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any
of paragraphs (6) through (9) of subsection (a) in excess of
125 percent of the specific amount authorized for such
purpose.
SEC. 1303. ANNUAL CERTIFICATIONS ON USE OF FACILITIES BEING
CONSTRUCTED FOR COOPERATIVE THREAT REDUCTION
PROJECTS OR ACTIVITIES.
(a) Certification on Use of Facilities Being Constructed.--
Not later than the first Monday of February each year, the
Secretary of Defense shall submit to the congressional
defense committees a certification for each facility for a
Cooperative Threat Reduction project or activity for which
construction occurred during the preceding fiscal year on
matters as follows:
(1) Whether or not such facility will be used for its
intended purpose by the country in which the facility is
constructed.
(2) Whether or not the country remains committed to the use
of such facility for its intended purpose.
(b) Applicability.--Subsection (a) shall apply to--
(1) any facility the construction of which commences on or
after the date of the enactment of this Act; and
(2) any facility the construction of which is ongoing as of
that date.
SEC. 1304. AUTHORITY TO USE COOPERATIVE THREAT REDUCTION
FUNDS OUTSIDE THE FORMER SOVIET UNION.
(a) Authority.--The President may obligate and expend
Cooperative Threat Reduction funds for a fiscal year, and any
Cooperative Threat Reduction funds for a fiscal year before
such fiscal year that remain available for obligation, for a
proliferation threat reduction project or activity outside
the states of the former Soviet Union if the President
determines that such project or activity will--
(1) assist the United States in the resolution of a
critical emerging proliferation threat; or
(2) permit the United States to take advantage of
opportunities to achieve long-standing nonproliferation
goals.
(b) Scope of Authority.--The authority in subsection (a) to
obligate and expend funds for a project or activity includes
authority to provide equipment, goods, and services for the
project or activity utilizing such funds, but does not
include authority to provide cash directly to the project or
activity.
(c) Limitation.--The amount that may be obligated in a
fiscal year under the authority in subsection (a) may not
exceed $50,000,000.
(d) Additional Limitations and Requirements.--Except as
otherwise provided in subsections (a) and (b), the exercise
of the authority in subsection (a) shall be subject to any
requirement or limitation under another provision of law as
follows:
(1) Any requirement for prior notice or other reports to
Congress on the use of Cooperative Threat Reduction funds or
on Cooperative Threat Reduction projects or activities.
(2) Any limitation on the obligation or expenditure of
Cooperative Threat Reduction funds.
(3) Any limitation on Cooperative Threat Reduction projects
or activities.
SEC. 1305. ONE-YEAR EXTENSION OF INAPPLICABILITY OF CERTAIN
CONDITIONS ON USE OF FUNDS FOR CHEMICAL WEAPONS
DESTRUCTION.
Section 8144 of Public Law 107-248 (116 Stat. 1571) is
amended--
(1) in subsection (a), by striking ``and 2003'' and
inserting ``2003, and 2004''; and
(2) in subsection (b), by striking ``September 30, 2003''
and inserting ``September 30, 2004''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2004''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
[[Page S6122]]
Army: INSIDE THE UNITED STATES
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Redstone Arsenal..... $5,500,000
Fort Richardson...... $10,700,000
Alaska......................... Fort Wainwright...... $138,800,000
Georgia........................ Fort Benning......... $30,000,000
Fort Stewart/Hunter $138,550,000
Army Air Field......
Fort Gordon.......... $4,350,000
Hawaii......................... Helemano Military $20,800,000
Reservation.
Schofield Barracks... $100,000,000
Kansas......................... Fort Leavenworth..... $115,000,000
Fort Riley........... $40,000,000
Kentucky....................... Fort Knox............ $13,500,000
Louisiana...................... Fort Polk............ $72,000,000
Maryland....................... Aberdeen Proving $13,000,000
Ground.
Fort Meade........... $9,600,000
New York....................... Fort Drum............ $125,500,000
North Carolina................. Fort Bragg........... $152,000,000
Oklahoma....................... Fort Sill............ $3,500,000
Texas.......................... Fort Hood............ $49,800,000
Virginia....................... Fort Myer............ $9,000,000
Washington..................... Fort Lewis........... $3,900,000
-----------------
Total.............. $1,055,500,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
ARMY: OUTSIDE THE UNITED STATES
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Italy.......................... Aviano Air Base........ $15,500,000
Livorno................ $22,000,000
Korea.......................... Camp Humphreys......... $105,000,000
Kwajalein Atoll................ Kwajalein Atoll........ $9,400,000
---------------
Total.................. $151,900,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--(1) Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(3) and amounts, not to exceed $150,000,000, provided
under Public Law 107-38 (115 Stat. 220), the Secretary of the
Army may acquire personal services and real property, and may
provide for the operation and construction of critical
infrastructure and allied systems to ensure essential
governmental functions for the installation or location, and
in the amount, set forth in the following table:
ARMY: UNSPECIFIED WORLDWIDE
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Worldwide Unspecified.......... Unspecified Worldwide.. $663,900,000
---------------
Total.................. $663,900,000
------------------------------------------------------------------------
(2) Military construction projects, including those funded
in whole or in part using amounts made available under Public
Law 107-38, containing national security classified
information and carried out for the purpose of preventing,
responding to, or countering the effects of, terrorist
attacks shall comply, to the extent practical, with
applicable Federal, State, and local laws and other orders
regarding regulatory compliance, consultation, coordination
and inspection, except that in carrying out such a project--
(A) no such compliance, consultation, coordination, or
inspection may expose, endanger, or otherwise compromise
national security; and
(B) any anticipated exception to such compliance,
consultation, coordination or inspection shall be addressed
in project documentation submitted to Congress under
paragraph (3).
(3) When applicable, project documentation submitted to the
congressional defense committees with respect to a military
construction project described in paragraph (2) shall satisfy
the requirements of section 1001 of Public Law 107-117 (115
Stat. 2326) and address any exception to compliance,
consultation, coordination, or inspection anticipated under
subparagraph (A) of paragraph (2).
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(6)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations,
for the purposes, and in the amounts set forth in the
following table:
ARMY: FAMILY HOUSING
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Wainwright........... 140 Units................ $64,000,000
Arizona............................... Fort Huachuca............. 220 Units................ $41,000,000
Kansas................................ Fort Riley................ 72 Units................ $16,700,000
Kentucky.............................. Fort Knox................. 178 Units................ $41,000,000
New Mexico............................ White Sands Missile Range. 58 Units................ $14,600,000
Oklahoma.............................. Fort Sill................. 120 Units................ $25,373,000
Virginia.............................. Fort Lee.................. 90 Units................ $18,000,000
------------------
Total:................. $220,673,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $34,488,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(6)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $156,030,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2003, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $2,980,454,000, as follows:
[[Page S6123]]
(1) For military construction projects inside the United
States authorized by section 2101(a), $843,500,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $151,900,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2101(c),
$178,700,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $20,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $122,710,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$409,191,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,031,853,000.
(7) For the construction of phase 3 of Saddle Access Road,
Pohakoula Training Facility, Hawaii, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-389)), as
amended by section 2107 of this Act, $17,000,000.
(8) For the construction of phase 3 of a barracks complex,
D Street, at Fort Richardson, Alaska, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat.
1280), as amended by section 2107 of this Act, $33,000,000.
(9) For the construction of phase 3 of a barracks complex,
17th and B Streets, at Fort Lewis, Washington, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1280), $48,000,000.
(10) For the construction of phase 2 of a barracks complex,
Capron Road, at Schofield Barracks, Hawaii, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law 107-314;
116 Stat. 2681), $49,000,000.
(11) For the construction of phase 2 of a combined arms
collective training facility at Fort Riley, Kansas,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2681), $13,600,000.
(12) For the construction of phase 2 of a barracks complex,
Range Road, at Fort Campbell, Kentucky, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
2681), $49,000,000.
(13) For the construction of phase 2 of a maintenance
complex at Fort Sill, Oklahoma, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal
year 2003 (division B of Public Law 107-314; 116 Stat. 2681)
$13,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
sum of--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a);
(2) $32,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks, Fort Stewart,
Georgia);
(3) $87,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a Lewis and Clark
instructional facility, Fort Leavenworth, Kansas);
(4) $43,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of a barracks complex,
Wheeler-Sack Army Airfield, Fort Drum, New York); and
(5) $50,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex,
Bastogne Drive, Fort Bragg, North Carolina).
SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2003 PROJECTS.
(a) Military Construction Projects Outside the United
States.--The table in section 2101(b) of the Military
Construction Authorization Act for Fiscal Year 2003 (division
B of Public Law 107-314; 116 Stat. 2682) is amended--
(1) by striking the item relating to Area Support Group,
Bamberg, Germany;
(2) by striking the item relating to Coleman Barracks,
Germany;
(3) by striking the item relating to Darmstadt, Germany;
(4) by striking the item relating to Mannheim, Germany;
(5) by striking the item relating to Schweinfurt, Germany;
and
(6) by striking the amount identified as the total in the
amount column and inserting ``$288,066,000''.
(b) Family Housing Outside the United States.--The table in
section 2102(a) of that Act (116 Stat. 2683) is amended--
(1) by striking the item relating to Yongsan, Korea; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$23,852,000''.
(c) Improvements to Military Family Housing Units.--Section
2103 of that Act (116 Stat. 2683) is amended by striking
``$239,751,000'' and inserting ``$190,551,000''.
(d) Conforming Amendments.--Section 2104(a) of that Act
(116 Stat. 2683) is amended--
(1) in the matter preceding paragraph (1), by striking
``$3,104,176,000'' and inserting ``$2,985,826,000'';
(2) in paragraph (2), by striking ``$354,116,000'' and
inserting ``$288,066,000''; and
(3) in paragraph (6)(A), by striking ``$282,356,000'' and
inserting ``$230,056,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2003 PROJECTS.
(a) Military Construction Inside the United States.--The
table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2681) is amended--
(1) in the item relating to Fort Riley, Kansas, by striking
``$81,095,000'' in the amount column and inserting
``$81,495,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,156,167,000''.
(b) Military Construction Outside the United States.--The
table in section 2101(b) of that Act (116 Stat. 2682) is
amended--
(1) by striking the item relating to Camp Castle, Korea;
(2) by striking the item relating to Camp Hovey, Korea;
(3) in the item relating to Camp Humphreys, Korea, by
striking ``$36,000,000'' in the amount column and inserting
``$107,800,000'' ; and
(4) by striking the item relating to K16 Airfield, Korea.
(c) Conforming Amendment.--Section 2104(b)(4) of that Act
(116 Stat. 2684) is amended by striking ``$13,200,000'' and
inserting ``$13,600,000''.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2002 PROJECT.
(a) Modification.--The table in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1281), as
amended by section 2105 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2689), is further amended--
(1) in the item relating to Fort Richardson, Alaska, by
striking ``$115,000,000'' in the amount column and inserting
``$117,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,364,750,000''.
(b) Conforming Amendment.--Section 2104(b)(2) of that Act
(115 Stat. 1284) is amended by striking ``$52,000,000'' and
inserting ``$54,000,000''.
SEC. 2108. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECT.
(a) In General.--The table in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2001
(division B of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-389)), as amended by
section 2105 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 115
Stat. 1285), is further amended--
(1) in the item relating to Pohakoula Training Facility,
Hawaii, by striking ``$32,000,000'' in the amount column and
inserting ``$42,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$636,374,000''.
(b) Conforming Amendment.--Section 2104(b)(7) of the
Military Construction Authorization Act for Fiscal Year 2001
(114 Stat. 1654A-392) is amended by striking ``$20,000,000''
and inserting ``$30,000,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
NAVY: INSIDE THE UNITED STATES
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $22,230,000
Station, Yuma.
California..................... Marine Corps Base, $73,580,000
Camp Pendleton.
Naval Air Station, $34,510,000
Lemoore.
Marine Corps Air $4,740,000
Station, Miramar.
Naval Air Station, $49,240,000
North Island.
[[Page S6124]]
Naval Air Warfare $12,890,000
Center, China Lake...
Naval Air Warfare $9,150,000
Center, Point Mugu,
San Nicholas Island..
Naval Air Facility, $18,940,000
San Clemente Island..
Naval Postgraduate $35,550,000
School, Monterey.
Naval Station, San $42,710,000
Diego.
Marine Air Ground Task $28,390,000
Force Training
Center, Twentynine
Palms................
Connecticut.................... New London............ $3,000,000
District of Columbia........... Marine Corps Barracks. $1,550,000
Florida........................ Naval Air Station, $3,190,000
Jacksonville.
Naval Air Station, $4,830,000
Whiting Field, Milton
Naval Surface Warfare $9,550,000
Center, Coastal
Systems Station,
Panama City..........
Blount Island $115,711,000
(Jacksonville).
Georgia........................ Strategic Weapons $11,510,000
Facility Atlantic,
Kings Bay............
Hawaii......................... Fleet and Industrial $32,180,000
Supply Center, Pearl
Harbor...............
Naval Magazine, $6,320,000
Lualualei.
Naval Shipyard, Pearl $7,010,000
Harbor.
Illinois....................... Naval Training Center, $137,120,000
Great Lakes.
Maryland....................... Naval Air Warfare $24,370,000
Center, Patuxent
River................
Naval Surface Warfare $14,850,000
Center, Indian Head..
Mississippi.................... Naval Air Station, $4,570,000
Meridian.
Nevada......................... Naval Air Station, $4,700,000
Fallon.
New Jersey..................... Naval Air Warfare $20,681,000
Center, Lakehurst.
Naval Weapons Station, $123,720,000
Earle.
North Carolina................. Marine Corps Air $1,270,000
Station, Cherry Point.
Marine Corps Air $6,240,000
Station, New River...
Marine Corps Base, $29,450,000
Camp Lejeune.
Pennsylvania................... Philadelphia Foundry.. $10,200,000
Rhode Island................... Naval Station, Newport $18,690,000
Naval Undersea Warfare $10,890,000
Center, Newport......
Texas.......................... Naval Station, $7,070,000
Ingleside.
Virginia....................... Henderson Hall, $1,970,000
Arlington.
Marine Corps Combat $18,120,000
Development Command,
Quantico.............
Naval Amphibious Base, $3,810,000
Little Creek.
Naval Station, Norfolk $182,240,000
Naval Space Command $24,020,000
Center, Dahlgren.....
Norfolk Naval $17,770,000
Shipyard, Portsmouth.
Washington..................... Naval Magazine, Indian $2,240,000
Island.
Naval Submarine Base, $33,820,000
Bangor.
Strategic Weapons $6,530,000
Facility Pacific,
Bangor...............
Various Locations.............. Various Locations, $56,360,000
CONUS.
----------------
Total............... $1,287,482,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
NAVY: OUTSIDE THE UNITED STATES
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Naval Support Activity, $18,030,000
Bahrain...............
Italy.......................... Naval Support Activity, $39,020,000
La Madalena...........
Naval Air Station, $34,070,000
Sigonella.
United Kingdom................. Joint Maritime $7,070,000
Facility, St. Mawgan..
---------------
Total................ $98,190,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(5)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations,
for the purposes, and in the amounts set forth in the
following table:
NAVY: FAMILY HOUSING
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California............................. Naval Air Station, Lemoore. 187 Units................. $41,585,000
Florida................................ Naval Air Station, 25 Units................. $3,197,000
Pensacola.................
North Carolina......................... Marine Corps Base, Camp 519 Units................. $67,781,000
Lejeune...................
Marine Corps Air Station, 339 Units................. $42,803,000
Cherry Point..............
---------------
Total................... $155,366,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriation in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $8,381,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $20,446,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2003, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,179,919,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $959,702,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $98,190,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $12,334,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $65,612,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$184,193,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $813,158,000.
(6) For construction of phase 2 of a bachelor enlisted
quarters shipboard ashore at
[[Page S6125]]
Naval Shipyard Norfolk, Virginia, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
2687), $46,730,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
sum of--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $25,690,000 (the balance of the amount authorized under
section 2201(a) for the construction of a tertiary sewage
treatment complex, Marine Corps Base, Camp Pendleton,
California);
(3) $58,190,000 (the balance of the amount authorized under
section 2201(a) for the construction of a battle station
training facility, Naval Training Center, Great Lakes,
Illinois);
(4) $96,980,000 (the balance of the amount authorized under
section 2201(a) for replacement of a general purpose berthing
pier, Naval Weapons Station, Earle, New Jersey);
(5) $118,170,000 (the balance of the amount authorized
under section 2201(a) for replacement of pier 11, Naval
Station, Norfolk, Virginia); and
(6) $28,750,000 (the balance of the amount authorized under
section 2201(a) for the construction of an outlying landing
field and facilities at a location to be determined).
SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2003 PROJECT.
(a) Termination.--The table in section 2201(b) of the
Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2687) is
amended--
(1) by striking the item relating to Naval Air Station,
Keflavik, Iceland; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$135,900,000''.
(b) Conforming Amendments.--Section 2204(a) of that Act
(116 Stat. 2688) is amended--
(1) in the matter preceding paragraph (1), by striking
``$2,576,381,000'' and inserting ``$2,561,461,000''; and
(2) in paragraph (2), by striking ``$148,250,000'' and
inserting ``$133,330,000''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
AIR FORCE: INSIDE THE UNITED STATES
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $13,400,000
Alaska......................... Eielson Air Force Base. $48,774,000
Elmendorf Air Force $2,000,000
Base.
Arizona........................ Davis-Monthan Air Force $9,864,000
Base.
Luke Air Force Base.... $14,300,000
Arkansas....................... Little Rock Air Force $7,372,000
Base.
California..................... Beale Air Force Base... $22,300,000
Edwards Air Force Base. $19,060,000
Los Angeles Air Force $5,000,000
Base.
Vandenberg Air Force $16,500,000
Base.
Colorado....................... Buckley Air Force Base. $6,957,000
Peterson Air Force Base $10,200,000
Delaware....................... Dover Air Force Base... $8,500,000
District of Columbia........... Bolling Air Force Base. $9,300,000
Florida........................ Hurlburt Field......... $27,200,000
Patrick Air Force Base. $8,800,000
Tyndall Air Force Base. $6,195,000
Georgia........................ Moody Air Force Base... $7,600,000
Robins Air Force Base.. $28,685,000
Hawaii......................... Hickam Air Force Base.. $78,276,000
Idaho.......................... Mountain Home Air Force $15,137,000
Base.
Illinois....................... Scott Air Force Base... $1,900,000
Mississippi.................... Columbus Air Force Base $5,500,000
Keesler Air Force Base. $2,900,000
Nevada......................... Nellis Air Force Base.. $11,800,000
New Jersey..................... McGuire Air Force Base. $11,627,000
New Mexico..................... Cannon Air Force Base.. $9,000,000
Kirtland Air Force Base $6,957,000
Tularosa Radar Test $3,600,000
Site.
North Carolina................. Pope Air Force Base.... $24,015,000
Seymour Johnson Air $22,430,000
Force Base.
North Dakota................... Minot Air Force Base... $12,550,000
Ohio........................... Wright-Patterson Air $10,500,000
Force Base.
Oklahoma....................... Altus Air Force Base... $1,144,000
Tinker Air Force Base.. $25,560,000
Vance Air Force Base... $15,000,000
South Carolina................. Charleston Air Force $8,863,000
Base.
Shaw Air Force Base.... $8,500,000
South Dakota................... Ellsworth Air Force $9,300,000
Base.
Texas.......................... Goodfellow Air Force $19,970,000
Base.
Lackland Air Force Base $64,926,000
Randolph Air Force Base $13,600,000
Sheppard Air Force Base $28,590,000
Utah........................... Hill Air Force Base.... $21,711,000
Virginia....................... Langley Air Force Base. $24,969,000
Washington..................... McChord Air Force Base. $19,000,000
Wyoming........................ F.E. Warren Air Force $10,000,000
Base.
---------------
Total.................. $740,909,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
AIR FORCE: OUTSIDE THE UNITED STATES
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Base...... $35,616,000
Spangdahlem Air Base... $5,411,000
Italy.......................... Aviano Air Base........ $14,025,000
Korea.......................... Kunsan Air Base........ $7,059,000
Osan Air Base.......... $16,638,000
Portugal....................... Lajes Field, Azores.... $4,086,000
United Kingdom................. Royal Air Force, $42,487,000
Lakenheath.
Royal Air Force, $10,558,000
Mildenhall.
Wake Island.................... Wake Island............ $24,000,000
---------------
[[Page S6126]]
Total................ $159,880,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(3), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installation and location, and in the amount, set forth in
the following table:
AIR FORCE: UNSPECIFIED WORLDWIDE
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $28,981,000
---------------
Total................ $28,981,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations,
for the purposes, and in the amounts set forth in the
following table:
AIR FORCE: FAMILY HOUSING
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................ Davis-Monthan Air Force 93 Units................. $19,357,000
Base......................
California............................. Travis Air Force Base...... 56 Units................. $12,723,000
Delaware............................... Dover Air Force Base....... 112 Units................. $19,601,000
Florida................................ Eglin Air Force Base....... 279 Units................. $32,166,000
Idaho.................................. Mountain Home Air Force 186 Units................. $37,126,000
Base......................
Maryland............................... Andrews Air Force Base..... 50 Units................. $20,233,000
Missouri............................... Whiteman Air Force Base.... 100 Units................. $18,221,000
Montana................................ Malmstrom Air Force Base... 94 Units................. $19,368,000
North Carolina......................... Seymour Johnson Air Force 138 Units................. $18,336,000
Base......................
North Dakota........................... Grand Forks Air Force Base. 144 Units................. $29,550,000
Minot Air Force Base....... 200 Units................. $41,117,000
South Dakota........................... Ellsworth Air Force Base... 75 Units................. $16,240,000
Texas.................................. Dyess Air Force Base....... 116 Units................. $19,973,000
Randolph Air Force Base.... 96 Units................. $13,754,000
Korea.................................. Osan Air Base.............. 111 Units................. $44,765,000
Portugal............................... Lajes Field, Azores........ 42 Units................. $13,428,000
United Kingdom......................... Royal Air Force, Lakenheath 89 Units................. $23,640,000
---------------
Total................... $399,598,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $33,488,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(6)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $223,979,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2003, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $2,505,373,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $760,332,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $159,880,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2301(c),
$28,981,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $12,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $74,345,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$657,065,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $812,770,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1), (2), and (3) of subsection (a).
SEC. 2305. MODIFICATION OF FISCAL YEAR 2003 AUTHORITY
RELATING TO IMPROVEMENT OF MILITARY FAMILY
HOUSING UNITS.
(a) Modification.--Section 2303 of the Military
Construction Authorization Act for Fiscal Year 2003 (division
B of Public Law 107-314; 116 Stat. 2693) is amended by
striking ``$226,068,000'' and inserting ``$206,721,000''.
(b) Conforming Amendments.--Section 2304(a) of that Act
(116 Stat. 2693) is amended--
(1) in the matter preceding paragraph (1), by striking
``$2,633,738,000'' and inserting ``$2,614,391,000''; and
(2) in paragraph (6)(A), by striking ``$689,824,000'' and
inserting ``$670,477,000''.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
[[Page S6127]]
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Marine Corps Base, Camp $15,259,000
Lejeune, North
Carolina..............
Defense Logistics Agency....... Defense Distribution $27,000,000
Depot, New Cumberland,
Pennsylvania..........
Eglin Air Force Base, $4,800,000
Florida...............
Eielson Air Force Base, $17,000,000
Alaska................
Hickam Air Force Base, $14,100,000
Hawaii................
Hurlburt Field, Florida $3,500,000
Langley Air Force Base, $13,000,000
Virginia..............
Laughlin Air Force $4,688,000
Base, Texas...........
McChord Air Force Base, $8,100,000
Washington............
Nellis Air Force Base, $12,800,000
Nevada................
Offutt Air Force Base, $13,400,000
Nebraska..............
National Security Agency....... Fort Meade, Maryland... $1,842,000
Special Operations Command..... Dam Neck, Virginia..... $15,281,000
Fort Benning, Georgia.. $2,100,000
Fort Bragg, North $36,300,000
Carolina.
Fort Campbell, Kentucky $7,800,000
Harrisburg $3,000,000
International Airport,
Pennsylvania..........
Hurlburt Field, Florida $6,000,000
Little Creek, Virginia. $9,000,000
MacDill Air Force Base, $25,500,000
Florida.
Tri-Care Management Activity... Naval Station, $15,714,000
Anacostia, District of
Columbia..............
Naval Submarine Base, $6,400,000
New London,
Connecticut...........
United States Air Force $21,500,000
Academy, Colorado.....
Walter Reed Medical $9,000,000
Center, District of
Columbia..............
Washington Headquarters Arlington, Virginia.... $38,086,000
Services......................
---------------
Total................ $331,170,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Agency....... Grafenwoehr, Germany... $36,247,000
Heidelberg, Germany.... $3,086,000
Sigonella, Italy....... $30,234,000
Vicenza, Italy......... $16,374,000
Vilseck, Germany....... $1,773,000
Special Operations Command..... Stuttgart, Germany..... $11,400,000
Tri-Care Management Activity... Andersen Air Force $24,900,000
Base, Guam............
Grafenwoehr, Germany... $12,585,000
---------------
Total................ $136,599,000
------------------------------------------------------------------------
SEC. 2402. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(8)(A), the Secretary of
Defense may carry out architectural and engineering services
and construction design activities with respect to the
construction or improvement of military family housing units
in an amount not to exceed $300,000.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2405(a)(8)(A), the Secretary of
Defense may improve existing military family housing units in
an amount not to exceed $50,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(6), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code, in the amount
of $69,500,000.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2003, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments) in the total
amount of $1,154,402,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $331,170,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $102,703,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $16,153,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $8,960,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $59,884,000.
(6) For energy conservation projects authorized by section
2404, $69,500,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $370,427,000.
(8) For military family housing functions:
(A) For planning, design, and improvement of military
family housing and facilities, $350,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $49,440,000.
(C) For credit to the Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1) of title
10, United States Code, $300,000.
(9) For construction of the Defense Threat Reduction Center
at Fort Belvoir, Virginia, authorized by section 2401(a) of
the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107-314; 116 Stat. 2695),
$25,700,000.
(10) For construction of phase 5 of an ammunition
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division
B of Public Law 104-201; 110 Stat. 2775), as amended by
section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 839) and section 2407 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), $88,388,000.
(11) For construction of phase 6 of an ammunition
demilitarization facility at Newport Army Depot, Indiana,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2193), as amended by section 2406 of
the Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107-107; 115 Stat. 1299) and
section 2406 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2698), $15,207,000.
(12) For construction of phase 4 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298) and
section 2405 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2698), $16,220,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
sum of--
[[Page S6128]]
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a);
(2) $16,265,000 (the balance of the amount authorized under
section 2401(b) for the renovation and construction of an
elementary and high school, Naval Station Sigonella, Italy);
and
(3) $17,631,000 (the balance of the amount authorized under
section 2401(b) for the construction of an elementary and
middle school, Grafenwoehr, Germany).
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2003 PROJECT.
The table in section 2401(b) of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2695) is amended in the matter
relating to Department of Defense Dependent Schools by
striking ``Seoul, Korea'' in the installation or location
column and inserting ``Camp Humphreys, Korea''.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2003 PROJECTS.
(a) Modification.--The table in section 2401(b) of the
Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2695) is
amended--
(1) in the matter relating to Department of Defense
Dependent Schools--
(A) by striking ``Seoul, Korea'' in the installation or
location column and inserting ``Camp Humphreys, Korea''; and
(B) by striking the item relating to Spangdahlem Air Base,
Germany; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$205,586,000''.
(b) Conforming Amendments.--Section 2404(a) of that Act
(116 Stat. 2696) is amended--
(1) in the matter preceding paragraph (1), by striking
$1,434,795,000'' and inserting ``$1,433,798,000''; and
(2) in paragraph (2), by striking ``$206,583,000'' and
inserting ``$205,586,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2003, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment program authorized by section 2501, in
the amount of $169,300,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years
beginning after September 30, 2003, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$276,779,000; and
(B) for the Army Reserve, $74,478,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $34,132,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$208,530,000; and
(B) for the Air Force Reserve, $53,912,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2006; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2007.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects, and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have
been obligated before the later of--
(1) October 1, 2006; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2007 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2001 PROJECTS.
(a) Extension of Certain Projects.--Notwithstanding section
2701 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398; 114 Stat. 1654A-407), authorizations set forth in
the tables in subsection (b), as provided in section 2102,
2201, 2401, or 2601 of that Act, shall remain in effect until
October 1, 2004, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2005, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina........................ Fort Jackson............. New Construction--Family $250,000
Housing (1 Unit)............
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania.......................... Naval Surface Warfare Gas Turbine Test Facility.... $10,680,000
Center Shipyard Systems
Engineering Station,
Philadelphia............
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 2001 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State or country Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Defense Education Activity............ Seoul, Korea............. Elementary School Full Day $2,317,000
Kindergarten Classroom
Addition....................
Taegu, Korea............. Elementary/High School Full $762,000
Day Kindergarten Classroom
Addition....................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 2001 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Papago Park.............. Add/Alter Readiness Center... $2,265,000
Pennsylvania Mansfield................ Readiness Center............. $3,100,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2000 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 841),
authorizations set forth in the tables in subsection (b), as
provided in section 2302 or 2601 of that Act and extended by
section 2702 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2700), shall remain in effect until October 1, 2004, or
the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2005, whichever is
later.
[[Page S6129]]
(b) Tables.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oklahoma.............................. Tinker Air Force Base.... Replace Family Housing (41 $6,000,000
Units)......................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Fort Pickett............. Multi-purpose Range-Heavy.... $13,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act
shall take effect on the later of--
(1) October 1, 2003; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. MODIFICATION OF GENERAL DEFINITIONS RELATING TO
MILITARY CONSTRUCTION.
(a) Military Construction.--Subsection (a) of section 2801
of title 10, United States Code, is amended by inserting
before the period the following: ``, whether to satisfy
temporary or permanent requirements''.
(b) Military Installation.--Subsection (c)(2) of such
section is amended by inserting before the period the
following: ``, without regard to the duration of operational
control''.
SEC. 2802. INCREASE IN NUMBER OF FAMILY HOUSING UNITS IN
ITALY AUTHORIZED FOR LEASE BY THE NAVY.
Section 2828(e)(2) of title 10, United States Code, is
amended by striking ``2,000'' and inserting ``2,800''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. INCREASE IN THRESHOLD FOR REPORTS TO CONGRESS ON
REAL PROPERTY TRANSACTIONS.
Section 2662 of title 10, United States Code, is amended by
striking ``$500,000'' each place it appears and inserting
``$750,000''.
SEC. 2812. ACCEPTANCE OF IN-KIND CONSIDERATION FOR EASEMENTS.
(a) Easements for Rights-of-Way.--Section 2668 of title 10,
United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Subsection (c) of section 2667 of this title shall
apply with respect to in-kind consideration received by the
Secretary of a military department in connection with an
easement granted under this section in the same manner as
such subsection applies to in-kind consideration received
pursuant to leases entered into by that Secretary under such
section.''.
(b) Easements for Utility Lines.--Section 2669 of such
title is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Subsection (c) of section 2667 of this title shall
apply with respect to in-kind consideration received by the
Secretary of a military department in connection with an
easement granted under this section in the same manner as
such subsection applies to in-kind consideration received
pursuant to leases entered into by that Secretary under such
section.''.
SEC. 2813. EXPANSION TO MILITARY UNACCOMPANIED HOUSING OF
AUTHORITY TO TRANSFER PROPERTY AT MILITARY
INSTALLATIONS TO BE CLOSED IN EXCHANGE FOR
MILITARY HOUSING.
Section 2905(f)(1) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended--
(1) by inserting ``unaccompanied members of the Armed
Forces or'' before ``members of the Armed Forces and their
dependents''; and
(2) by striking ``Family'' in the subsection heading.
SEC. 2814. EXEMPTION FROM SCREENING AND USE REQUIREMENTS
UNDER MCKINNEY-VENTO HOMELESS ASSISTANCE ACT OF
DEPARTMENT OF DEFENSE PROPERTY IN EMERGENCY
SUPPORT OF HOMELAND SECURITY.
Section 501 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11411) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Applicability to Department of Defense Property in
Emergency Support of Homeland Security.--The provisions of
this section shall not apply to a building or property under
the jurisdiction of the Department of Defense that the
Secretary of Defense determines should be made available for
use by a State or local government, or private entity, on a
temporary basis, for emergency activities in support of
homeland security.''.
Subtitle C--Land Conveyances
SEC. 2821. TRANSFER OF LAND AT FORT CAMPBELL, KENTUCKY AND
TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the State of Tennessee, all right, title, and
interest of the United States in and to a parcel of real
property (right-of-way), including improvements thereon,
located at Fort Campbell, Kentucky and Tennessee, for the
purpose of realigning and upgrading United States Highway 79
from a 2-lane highway to a 4-lane highway.
(b) Consideration.--
(1) Payment.--As consideration for the conveyance of the
right-of-way parcel to be conveyed by subsection (a), the
State of Tennessee shall pay from any source (including
Federal funds made available to the State from the Highway
Trust Fund) all of the Secretary's costs associated with the
following:
(A) Costs of conveyance.--The conveyance of the right-of-
way parcel, including the preparation of documents under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), surveys (including surveys under subsection (c)),
appraisals, cultural reviews, administrative expenses,
cemetery relocation, and other expenses necessary to transfer
the property.
(B) Acquisition of replacement land.--The acquisition of
approximately 200 acres of mission-essential replacement land
required to support the training mission at Fort Campbell.
(C) Disposal of residual property.--The disposal of
residual land located south of the realigned highway.
(2) Acceptance and credit.--The Secretary may accept funds
under this subsection from the Federal Highway Administration
or the State of Tennessee to pay the costs described in
paragraph (1) and shall credit the funds to the appropriate
Department of the Army accounts for the purpose of paying
such costs.
(3) Period of availability.--All funds accepted by the
Secretary under this subsection shall remain available until
expended.
(c) Description of Property.--The acreage of the real
property to be conveyed, acquired, and disposed of under this
section shall be determined by surveys satisfactory to the
Secretary.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2822. LAND CONVEYANCE, FORT KNOX, KENTUCKY.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Department of Veterans
Affairs of the Commonwealth of Kentucky (in this section
referred to as the ``Department''), all right, title, and
interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 93 acres at Fort Knox, Kentucky, for the
purpose of permitting the Department to establish and operate
a State-run cemetery for veterans of the Armed Forces.
(b) Reimbursement for Costs of Conveyance.--(1) The
Department shall reimburse the Secretary for any costs
incurred by the Secretary in making the conveyance authorized
by subsection (a), including costs related to environmental
documentation and other administrative costs. This paragraph
does not apply to costs associated with the environmental
remediation of the real property to be conveyed under such
subsection.
(2) Any reimbursements received under paragraph (1) for
costs described in that paragraph shall be deposited into the
accounts from which the costs were paid, and amounts so
deposited shall be merged with amounts in such accounts and
available for the same purposes, and subject to the same
conditions and limitations, as the amounts in such accounts
with which merged.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the Department.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
[[Page S6130]]
SEC. 2823. LAND CONVEYANCE, MARINE CORPS LOGISTICS BASE,
ALBANY, GEORGIA.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey through negotiated sale to the Preferred Development
Group Corporation, a corporation incorporated in the State of
Georgia and authorized to do business in the State of Georgia
(referred to in this section as the ``Corporation''), all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
consisting of approximately 10.44 acres located at Boyett
Village/Turner Field and McAdams Road in Albany, Georgia, for
the purpose of permitting the Corporation to use the property
for economic development.
(b) Conditions of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the following
conditions:
(1) That the Corporation accept the real property conveyed
under subsection (a) as is.
(2) That the Corporation bear all costs related to the use
and redevelopment of the real property.
(c) Consideration.--As consideration for the conveyance
authorized by subsection (a), the Corporation shall pay the
United States an amount, determined pursuant to negotiations
between the Secretary and the Corporation and based upon the
fair market value of the property (as determined pursuant to
an appraisal acceptable to the Secretary), that is
appropriate for the property.
(d) Reimbursement for Costs of Conveyance.--The Secretary
may require the Corporation to reimburse the Secretary for
any costs incurred by the Secretary in making the conveyance
authorized by subsection (a).
(e) Deposit of Amounts.--(1) The consideration received
under subsection (c) shall be deposited in the Department of
Defense Base Closure Account 1990 established by section 2906
of the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
(2) Any reimbursements received under subsection (d) for
costs described in that subsection shall be deposited into
the accounts from which the costs were paid, and amounts so
deposited shall be merged with amounts in such accounts and
available for the same purposes, and subject to the same
conditions and limitations, as the amounts in such accounts
with which merged.
(f) Exemption.--The conveyance authorized by subsection (a)
shall be exempt from the requirement in section 2696 of title
10, United States Code, to screen the property for further
Federal use.
(g) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2824. LAND CONVEYANCE, AIR FORCE AND ARMY EXCHANGE
SERVICE PROPERTY, DALLAS, TEXAS.
(a) Conveyance Authorized.--The Secretary of Defense may
authorize the Army and Air Force Exchange Service to convey
through negotiated sale all right, title, and interest of the
United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 7.5
acres located at 1515 Roundtable Drive in Dallas, Texas.
(b) Consideration.--As consideration for the conveyance
authorized by subsection (a), the purchaser shall pay the
United States a single payment equal to the fair market value
of the real property, as determined pursuant to an appraisal
acceptable to the Secretary.
(c) Deposit of Amounts.--Section 574 of title 40, United
States Code, shall apply to the consideration received under
subsection (b), except that in the application of such
section, all of the proceeds shall be returned to the Army
and Air Force Exchange Service.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the purchaser.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
Subtitle D--Review of Overseas Military Facility Structure
SEC. 2841. SHORT TITLE.
This subtitle may be cited as the ``Overseas Military
Facility and Range Structure Review Act of 2003''.
SEC. 2842. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Commission on
the Review of the Overseas Military Facility and Range
Structure of the United States (in this subtitle referred to
as the ``Commission'').
(b) Membership.--(1) The Commission shall be composed of 9
members of whom--
(A) one shall be appointed by the Secretary of Defense;
(B) two shall be appointed by the Majority Leader of the
Senate, in consultation with the Chairman of the Committee on
Armed Services of the Senate and the Chairman of the
Subcommittee on Defense of the Committee on Appropriations of
the Senate;
(C) two shall be appointed by the Minority Leader of the
Senate, in consultation with the Ranking Member of the
Committee on Armed Services of the Senate and the Ranking
Member of the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) two shall be appointed by the Speaker of the House of
Representatives, in consultation with the Chairman of the
Committee on Armed Services of the House of Representatives
and the Chairman of the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives;
and
(E) two shall be appointed by the Minority Leader of the
House of Representatives, in consultation with the Ranking
Member of the Committee on Armed Services of the House of
Representatives and the Ranking Member of the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
(2) Individuals appointed to the Commission shall have
significant experience in the national security or foreign
policy of the United States.
(3) Appointments of the members of the Commission shall be
made not later than 45 days after the date of the enactment
of this Act.
(c) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment.
(d) Initial Meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairman.
(f) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) Chairman and Vice Chairman.--The Commission shall
select a Chairman and Vice Chairman from among its members.
SEC. 2843. DUTIES OF COMMISSION.
(a) Study.--The Commission shall conduct a thorough study
of matters relating to the military facility and range
structure of the United States overseas.
(b) Matters To Be Studied.--In conducting the study, the
Commission shall--
(1) assess the number of military personnel of the United
States required to be based outside the United States;
(2) examine the current state of the military facilities
and training ranges of the United States overseas for all
permanent stations and deployed locations, including the
condition of land and improvements at such facilities and
ranges and the availability of additional land, if required,
for such facilities and ranges;
(3) identify the amounts received by the United States,
whether in direct payments, in-kind contributions, or
otherwise, from foreign countries by reason of military
facilities of the United States overseas;
(4) assess whether or not the current military basing and
training range structure of the United States overseas is
adequate to meet the current and future mission of the
Department of Defense, including contingency, mobilization,
and future force requirements;
(5) assess the feasibility and advisability of the closure
or realignment of military facilities of the United States
overseas, or the establishment of new military facilities of
the United States overseas, to meet the requirements of the
Department of Defense to provide for the national security of
the United States; and
(6) consider or assess any other issue relating to military
facilities and ranges of the United States overseas that the
Commission considers appropriate.
(c) Report.--(1) Not later than August 30, 2004, the
Commission shall submit to the President and Congress a
report which shall contain a detailed statement of the
findings and conclusions of the Commission, together with its
recommendations for such legislation and administrative
actions as it considers appropriate.
(2) In addition to the matters specified in paragraph (1),
the report shall also include a proposal by the Commission
for an overseas basing strategy for the Department of Defense
in order to meet the current and future mission of the
Department.
SEC. 2844. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out this subtitle.
(b) Information From Federal Agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry
out this subtitle. Upon request of the Chairman of the
Commission, the head of such department or agency shall
furnish such information to the Commission.
(c) Administrative Support Services.--Upon request of the
Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support necessary for the Commission to carry
out its duties under this subtitle.
(d) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
[[Page S6131]]
(e) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
SEC. 2845. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission under this subtitle. All members of the
Commission who are officers or employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(b) Travel.--(1) Members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from their homes or regular places of business in
the performance of services for the Commission under this
subtitle.
(2) Members and staff of the Commission may receive
transportation on aircraft of the Military Airlift Command to
and from the United States, and overseas, for purposes of the
performance of the duties of the Commission to the extent
that such transportation will not interfere with the
requirements of military operations.
(c) Staff.--(1) The Chairman of the Commission may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and such other additional
personnel as may be necessary to enable the Commission to
perform its duties under this subtitle. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) The Commission may employ a staff to assist the
Commission in carrying out its duties. The total number of
the staff of the Commission, including an executive director
under paragraph (1), may not exceed 12.
(3) The Chairman of the Commission may fix the compensation
of the executive director and other personnel without regard
to chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay
for the executive director and other personnel may not exceed
the rate payable for level V of the Executive Schedule under
section 5316 of such title.
(d) Detail of Government Employees.--Any employee of the
Department of Defense, the Department of State, or the
General Accounting Office may be detailed to the Commission
without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
SEC. 2846. SECURITY.
(a) Security Clearances.--Members and staff of the
Commission, and any experts and consultants to the
Commission, shall possess security clearances appropriate for
their duties with the Commission under this subtitle.
(b) In General.--The Secretary of Defense shall assume
responsibility for the handling and disposition of any
information relating to the national security of the United
States that is received, considered, or used by the
Commission under this subtitle.
SEC. 2847. TERMINATION OF COMMISSION.
The Commission shall terminate 45 days after the date on
which the Commission submits its report under section
2843(c).
SEC. 2848. FUNDING.
(a) In General.--Of the amount authorized to be
appropriated by section 301(5) for the Department of Defense
for operation and maintenance, Defense-wide, $3,000,000 shall
be available to the Commission to carry out this subtitle.
(b) Availability.--The amount authorized to be appropriated
by subsection (a) shall remain available, without fiscal year
limitation, until September 30, 2005.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2004 for the activities of the National Nuclear
Security Administration in carrying out programs necessary
for national security in the amount of $8,933,847,000, to be
allocated as follows:
(1) For weapons activities, $6,457,272,000.
(2) For defense nuclear nonproliferation activities,
$1,340,195,000.
(3) For naval reactors, $788,400,000.
(4) For the Office of the Administrator for Nuclear
Security, $347,980,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for weapons activities, as follows:
(1) Project 04-D-101, test capabilities revitalization,
phase I, Sandia National Laboratories, Albuquerque, New
Mexico, $36,450,000.
(2) Project 04-D-102, exterior communications
infrastructure modernization, Sandia National Laboratories,
Albuquerque, New Mexico, $20,000,000.
(3) Project 04-D-103, project engineering and design,
various locations, $2,000,000.
(4) Project 04-D-125, chemistry and metallurgy research
(CMR) facility replacement, Los Alamos National Laboratory,
Los Alamos, New Mexico, $20,500,000.
(5) Project 04-D-126, building 12-44 production cells
upgrade, Pantex Plant, Amarillo, Texas, $8,780,000.
(6) Project 04-D-127, cleaning and loading modifications
(CALM), Savannah River Site, Aiken, South Carolina,
$2,750,000.
(7) Project 04-D-128, TA-18 mission relocation project, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$8,820,000.
(8) Project 04-D-203, project engineering and design,
facilities and infrastructure recapitalization program,
various locations, $3,719,000.
(9) Project 03-D-102, sm.43 replacement administration
building, Los Alamos National Laboratory, Los Alamos, New
Mexico, $50,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2004 for environmental management activities in
carrying out programs necessary for national security in the
amount of $6,809,814,000, to be allocated as follows:
(1) For defense site acceleration completion,
$5,814,635,000.
(2) For defense environmental services in carrying out
environmental restoration and waste management activities
necessary for national security programs, $995,179,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for defense site acceleration completion
activities, as follows:
(1) Project 04-D-408, glass waste storage building #2,
Savannah River Site, Aiken, South Carolina, $20,259,000.
(2) Project 04-D-414, project engineering and design,
various locations, $23,500,000.
(3) Project 04-D-423, 3013 container surveillance
capability in 235-F, Savannah River Site, Aiken, South
Carolina, $1,134,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2004 for other defense
activities in carrying out programs necessary for national
security in the amount of $465,059,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2004 for defense nuclear
waste disposal for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10222(c)) in the amount of $360,000,000.
SEC. 3105. DEFENSE ENERGY SUPPLY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2004 for defense energy
supply in carrying out programs necessary for national
security in the amount of $110,473,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3131. REPEAL OF PROHIBITION ON RESEARCH AND DEVELOPMENT
OF LOW-YIELD NUCLEAR WEAPONS.
(a) Repeal.--Section 3136 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1946; 42 U.S.C. 2121 note) is repealed.
(b) Construction.--Nothing in the repeal made by subsection
(a) shall be construed as authorizing the testing,
acquisition, or deployment of a low-yield nuclear weapon.
SEC. 3132. READINESS POSTURE FOR RESUMPTION BY THE UNITED
STATES OF UNDERGROUND NUCLEAR WEAPONS TESTS.
(a) 18-Month Readiness Posture Required.--Commencing not
later than October 1, 2006, the Secretary of Energy shall
achieve, and thereafter maintain, a readiness posture of 18
months for resumption by the United States of underground
nuclear tests, subject to subsection (b).
(b) Alternative Readiness Posture.--If as a result of the
review conducted by the Secretary for purposes of the report
required by section 3142(c) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2733) the Secretary, in consultation with the
Administrator for Nuclear Security, determines that the
optimal, advisable, and preferred readiness posture for
resumption by the United States of underground nuclear tests
is a number of months other than 18 months, the Secretary
may, and is encouraged to, achieve and thereafter maintain
under subsection (a) such optimal, advisable, and preferred
readiness posture instead of the readiness posture of 18
months.
(c) Report on Determination.--(1) The Secretary shall
submit to the congressional defense committees a report on a
determination described in subsection (b) if the
determination leads to the achievement by the
[[Page S6132]]
Secretary of a readiness posture of other than 18 months
under that subsection.
(2) The report under paragraph (1) shall set forth--
(A) the determination described in that paragraph,
including the reasons for the determination; and
(B) the number of months of the readiness posture to be
achieved and maintained under subsection (b) as a result of
the determination.
(3) The requirement for a report, if any, under paragraph
(1) is in addition to the requirement for a report under
section 3142(c) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, and the requirement
in that paragraph shall not be construed as terminating,
modifying, or otherwise affecting the requirement for a
report under such section.
(d) Readiness Posture.--For purposes of this section, a
readiness posture of a specified number of months for
resumption by the United States of underground nuclear
weapons tests is achieved when the Department of Energy has
the capability to resume such tests, if directed by the
President to resume such tests, not later than the specified
number of months after the date on which the President so
directs.
SEC. 3133. TECHNICAL BASE AND FACILITIES MAINTENANCE AND
RECAPITALIZATION ACTIVITIES.
(a) Deadline for Inclusion of Projects in Facilities and
Infrastructure Recapitalization Program.--(1) The
Administrator for Nuclear Security shall complete the
selection of projects for inclusion in the Facilities and
Infrastructure Recapitalization Program (FIRP) of the
National Nuclear Security Administration not later than
September 30, 2004.
(2) No project may be included in the Facilities and
Infrastructure Recapitalization Program after September 30,
2004, unless such project has been selected for inclusion in
that program as of that date.
(b) Termination of Facilities and Infrastructure
Recapitalization Program.--The Administrator shall terminate
the Facilities and Infrastructure Recapitalization Program
not later than September 30, 2011.
(c) Readiness in Technical Base and Facilities Program.--
(1) Not later than September 30, 2004, the Administrator
shall submit to the congressional defense committees a report
setting forth guidelines on the conduct of the Readiness in
Technical Base and Facilities (RTBF) program of the National
Nuclear Security Administration.
(2) The guidelines on the Readiness in Technical Base and
Facilities program shall include the following:
(A) Criteria for the inclusion of projects in the program,
and for establishing priorities among projects included in
the program.
(B) Mechanisms for the management of facilities under the
program, including maintenance as provided pursuant to
subparagraph (C).
(C) A description of the scope of maintenance activities
under the program, including recurring maintenance,
construction of facilities, recapitalization of facilities,
and decontamination and decommissioning of facilities.
(3) The guidelines on the Readiness in Technical Base and
Facilities program shall ensure that the maintenance
activities provided for under paragraph (2)(C) are carried
out in a timely and efficient manner designed to avoid
maintenance backlogs.
(d) Operations of Facilities Program.--(1) The
Administration shall provide for the administration of the
Operations of Facilities Program of the National Nuclear
Security Administration as a program independent of the
Readiness in Technical Base and Facilities Program and of any
other programs that the Operations of Facilities Program is
intended to support.
(2) The Operations of Facilities Program shall be managed
by the Associate Administrator of the National Nuclear
Security Administration for Facilities and Operations, or by
such other official within the National Nuclear Security
Administration as the Administrator shall designate for that
purpose.
SEC. 3134. CONTINUATION OF PROCESSING, TREATMENT, AND
DISPOSITION OF LEGACY NUCLEAR MATERIALS.
(a) Continuation of H-Canyon Facility.--Subsection (a) of
section 3137 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-460) is amended by
striking ``F-canyon and H-canyon facilities'' and inserting
``H-canyon facility''.
(b) Modification of Limitation on Use of Funds for
Decommissioning F-Canyon Facility.--Subsection (b) of such
section is amended--
(1) by striking ``and the Defense Nuclear Facilities Safety
Board'' and all that follows through ``House of
Representatives'' and inserting ``submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, and the Defense
Nuclear Facilities Safety Board,''; and
(2) by striking ``the following:'' and all that follows and
inserting ``a report setting forth--
``(1) an assessment whether or not all materials present in
the F-canyon facility as of the date of the report that
required stabilization have been safely stabilized as of that
date;
``(2) an assessment whether or not the requirements
applicable to the F-canyon facility to meet the future needs
of the United States for fissile materials disposition can be
met through full use of the H-canyon facility at the Savannah
River Site; and
``(3) if it appears that one or more of the requirements
described in paragraph (2) cannot be met through full use of
the H-canyon facility--
``(A) an identification by the Secretary of each such
requirement that cannot be met through full use of the H-
canyon facility; and
``(B) for each requirement so identified, the reasons why
such requirement cannot be met through full use of the H-
canyon facility and a description of the alternative
capability for fissile materials disposition that is needed
to meet such requirement.''.
(c) Repeal of Superseded Plan Requirement.--Subsection (c)
of such section is repealed.
Subtitle C--Proliferation Matters
SEC. 3141. EXPANSION OF INTERNATIONAL MATERIALS PROTECTION,
CONTROL, AND ACCOUNTING PROGRAM.
(a) Expansion of Program to Additional Countries.--The
Secretary of Energy may expand the International Materials,
Protection, Control, and Accounting Program to carry out
nuclear nonproliferation threat reduction activities and
projects outside the states of the former Soviet Union.
(b) Notice to Congress of Use of Funds.--Not later than 15
days before the Secretary obligates funds for the
International Materials Protection, Control, and Accounting
Program for a project or activity in or with respect to a
country outside the former Soviet Union pursuant to the
authority in subsection (a), the Secretary shall submit to
the congressional defense committees a notice on the
obligation of such funds for the project or activity that
shall specify--
(1) the project or activity, and forms of assistance, for
which the Secretary proposes to obligate such funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement (if any) of any United States
department or agency (other than the Department of Energy),
or the private sector, in the project, activity, or
assistance for which the Secretary proposes to obligate such
funds.
SEC. 3142. SEMI-ANNUAL FINANCIAL REPORTS ON DEFENSE NUCLEAR
NONPROLIFERATION PROGRAM.
(a) Semiannual Reports Required.--Not later than April 30
and October 30 each year, the Administrator for Nuclear
Security shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
financial status during the half fiscal year ending at the
end of the preceding month of all Department of Energy
defense nuclear nonproliferation programs for which funds
were authorized to be appropriated for the fiscal year in
which such half fiscal year falls.
(b) Contents.--Each report on a half fiscal year under
subsection (a) shall set forth for each Department of Energy
defense nuclear nonproliferation program for which funds were
authorized to be appropriated for the fiscal year in which
such half fiscal year falls--
(1) the aggregate amount appropriated for such fiscal year
for such program; and
(2) of the aggregate amount appropriated for such fiscal
year for such program--
(A) the amounts obligated for such program as of the end of
the half fiscal year;
(B) the amounts committed for such program as of the end of
the half fiscal year;
(C) the amounts disbursed for such program as of the end of
the half fiscal year; and
(D) the amounts that remain available for obligation for
such program as of the end of the half fiscal year.
(c) Applicability.--This section shall apply with respect
to fiscal years after fiscal year 2003.
SEC. 3143. REPORT ON REDUCTION OF EXCESSIVE UNCOSTED BALANCES
FOR DEFENSE NUCLEAR NONPROLIFERATION
ACTIVITIES.
(a) Contingent Requirement for Report.--If as of September
30, 2004, the aggregate amount obligated but not expended for
defense nuclear nonproliferation activities from amounts
authorized to be appropriated for such activities in fiscal
year 2004 exceeds an amount equal to 20 percent of the
aggregate amount so obligated for such activities, the
Administrator for Nuclear Security shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing an aggressive plan to
provide for the timely expenditure of amounts so obligated
but not expended.
(b) Submittal Date.--If required to be submitted under
subsection (a), the submittal date for the report under that
subsection shall be November 30, 2004.
Subtitle D--Other Matters
SEC. 3151. MODIFICATION OF AUTHORITIES ON DEPARTMENT OF
ENERGY PERSONNEL SECURITY INVESTIGATIONS.
(a) In General.--Subsection e. of section 145 of the Atomic
Energy Act of 1954 (42 U.S.C. 2165) is amended by striking
paragraph (2) and inserting the following new paragraph (2):
``(2) In the case of any program designated by the
Secretary of Energy as sensitive, the Secretary may require
that any investigation required by subsections a., b., and c.
of an individual employed in the program be made by the
Federal Bureau of Investigation.''.
(b) Conforming Amendment.--Subsection f. of such section is
amended by striking ``a
[[Page S6133]]
majority of the members of the Commission shall certify those
specific positions'' and inserting ``the Secretary of Energy
may certify specific positions (in addition to positions in
programs designated as sensitive under subsection e.)''.
SEC. 3152. RESPONSIBILITIES OF ENVIRONMENTAL MANAGEMENT
PROGRAM AND NATIONAL NUCLEAR SECURITY
ADMINISTRATION OF DEPARTMENT OF ENERGY FOR
ENVIRONMENTAL CLEANUP, DECONTAMINATION AND
DECOMMISSIONING, AND WASTE MANAGEMENT.
(a) Delineation of Responsibilities.--The Secretary of
Energy shall include in the budget justification materials
submitted to Congress in support of the Department of Energy
budget for fiscal year 2005 (as submitted with the budget of
the President under section 1105(a) of title 31, United
States Code) a report setting forth a delineation of
responsibilities between and among the Environmental
Management (EM) program and the National Nuclear Security
Administration (NNSA) of the Department of Energy for
activities on each of the following:
(1) Environmental cleanup.
(2) Decontamination and decommissioning (D&D).
(3) Waste management.
(b) Plan for Implementation of Delineated
Responsibilities.--(1) The Secretary shall include in the
budget justification materials submitted to Congress in
support of the Department of Energy budget for fiscal year
2006 (as so submitted) a report setting forth a plan to
implement among the Environmental Management program and the
National Nuclear Security Administration the responsibilities
for activities referred to in subsection (a) as delineated
under that subsection.
(2) The report under paragraph (1) shall include such
recommendations for legislative action as the Secretary
considers appropriate in order to--
(A) clarify in law the responsibilities delineated under
subsection (a); and
(B) facilitate the implementation of the plan set forth in
the report.
(c) Consultation.--The Secretary shall carry out this
section in consultation with the Administrator for Nuclear
Security and the Under Secretary of Energy for Energy,
Science, and Environment.
SEC. 3153. UPDATE OF REPORT ON STOCKPILE STEWARDSHIP
CRITERIA.
(a) Update of Report.--Not later than March 1, 2005, the
Secretary of Energy shall submit to the committees referred
to in subsection (c) of section 4202 of the Atomic Energy
Defense Act a report updating the report submitted under
subsection (a) of such section.
(b) Elements.--The report under subsection (a) of this
section shall--
(1) update any information or criteria described in the
report submitted under such section 4202;
(2) describe any additional information identified, or
criteria established, on matters covered by such section 4202
during the period beginning on the date of the submittal of
the report under such section 4202 and ending on the date of
the submittal of the report under subsection (a) of this
section; and
(3) for each science-based tool developed by the Department
of Energy during such period--
(A) a description of the relationship of such science-based
tool to the collection of information needed to determine
that the nuclear weapons stockpile is safe and reliable; and
(B) a description of the criteria for judging whether or
not such science-based tool provides for the collection of
such information.
SEC. 3154. PROGRESS REPORTS ON ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.
(a) Report on Access to Information for Performance of
Radiation Dose Reconstructions.--(1) Not later than 90 days
after the date of the enactment of this Act, the National
Institute for Occupational Safety and Health shall submit to
Congress a report on the ability of the Institute to obtain,
in a timely, accurate, and complete manner, information
necessary for the purpose of carrying out radiation dose
reconstructions under the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et
seq.), including information requested from any element of
the Department of Energy.
(2) The report shall include the following:
(A) An identification of each matter adversely affecting
the ability of the Institute to obtain information described
in paragraph (1) in a timely, accurate, and complete manner.
(B) For each facility with respect to which the Institute
is carrying out one or more dose reconstructions described in
paragraph (1)--
(i) a specification of the total number of claims requiring
dose reconstruction;
(ii) a specification of the number of claims for which dose
reconstruction has been adversely affected by any matter
identified under paragraph (1); and
(iii) a specification of the number of claims requiring
dose reconstruction for which, because of any matter
identified under paragraph (1), dose reconstruction has not
been completed within 150 days after the date on which the
Secretary of Labor submitted the claim to the Secretary of
Health and Human Services.
(b) Report on Denial of Claims.--(1) Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Labor shall submit to Congress a report on the denial of
claims under the Energy Employees Occupational Illness
Compensation Program Act of 2000 as of the date of such
report.
(2) The report shall include for each facility with respect
to which the Secretary has received one or more claims under
that Act the following:
(A) The number of claims received with respect to such
facility that have been denied, including the percentage of
total number of claims received with respect to such facility
that have been denied.
(B) The reasons for the denial of such claims, including
the number of claims denied for each such reason.
Subtitle E--Consolidation of General Provisions on Department of Energy
National Security Programs
SEC. 3161. CONSOLIDATION AND ASSEMBLY OF RECURRING AND
GENERAL PROVISIONS ON DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS.
(a) Purpose.--
(1) In general.--The purpose of this section is to assemble
together, without substantive amendment but with technical
and conforming amendments of a non-substantive nature,
recurring and general provisions of law on Department of
Energy national security programs that remain in force in
order to consolidate and organize such provisions of law into
a single Act intended to comprise general provisions of law
on such programs.
(2) Construction of transfers.--The transfer of a provision
of law by this section shall not be construed as amending,
altering, or otherwise modifying the substantive effect of
such provision.
(3) Treatment of satisfied requirements.--Any requirement
in a provision of law transferred under this section that has
been fully satisfied in accordance with the terms of such
provision of law as of the date of transfer under this
section shall be treated as so fully satisfied, and shall not
be treated as being revived solely by reason of transfer
under this section.
(4) Classification.--The provisions of the Atomic Energy
Defense Act, as amended by this section, shall be classified
to the United States Code as a new chapter of title 50,
United States Code.
(b) Division Heading.--The Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314)
is amended by adding at the end the following new division
heading:
``DIVISION D--ATOMIC ENERGY DEFENSE PROVISIONS''.
(c) Short Title; Definition.--
(1) Short title.--Section 3601 of the Atomic Energy Defense
Act (title XXXVI of Public Law 107-314; 116 Stat. 2756) is--
(A) transferred to the end of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003;
(B) redesignated as section 4001;
(C) inserted after the heading for division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as added by subsection (b); and
(D) amended by striking ``title'' and inserting
``division''.
(2) Definition.--Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this section, is further amended by adding at the end the
following new section:
``SEC. 4002. DEFINITION.
``In this division, the term `congressional defense
committees' means--
``(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.''.
(d) Organizational Matters.--
(1) Title heading.--Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this section, is further amended by adding at the end the
following:
``TITLE XLI--ORGANIZATIONAL MATTERS''.
(2) Naval nuclear propulsion program.--Section 1634 of the
Department of Defense Authorization Act, 1985 (Public Law 98-
525; 98 Stat. 2649) is--
(A) transferred to title XLI of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
added by paragraph (1);
(B) inserted after the title heading for such title, as so
added; and
(C) amended--
(i) by striking the section heading and inserting the
following new section heading:
``SEC. 4101. NAVAL NUCLEAR PROPULSION PROGRAM.'';
and
(ii) by striking ``Sec. 1634.''.
(3) Management structure for facilities and laboratories.--
Section 3140 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2833) is--
(A) transferred to title XLI of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4102;
(C) inserted after section 4101, as added by paragraph (2);
and
(D) amended in subsection (d)(2), by striking ``120 days
after the date of the enactment of this Act,'' and inserting
``January 21, 1997,''.
[[Page S6134]]
(4) Restriction on licensing requirements for certain
activities and facilities.--Section 210 of the Department of
Energy National Security and Military Applications of Nuclear
Energy Authorization Act of 1981 (Public Law 96-540; 94 Stat.
3202) is--
(A) transferred to title XLI of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) inserted after section 4102, as added by paragraph (3);
and
(C) amended--
(i) by striking the section heading and inserting the
following new section heading:
``SEC. 4103. RESTRICTION ON LICENSING REQUIREMENT FOR CERTAIN
DEFENSE ACTIVITIES AND FACILITIES.'';
(ii) by striking ``Sec. 210.''; and
(iii) by striking ``this or any other Act'' and inserting
``the Department of Energy National Security and Military
Applications of Nuclear Energy Authorization Act of 1981
(Public Law 96-540) or any other Act''.
(e) Nuclear Weapons Stockpile Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the
following new headings:
``TITLE XLII--NUCLEAR WEAPONS STOCKPILE MATTERS
``Subtitle A--Stockpile Stewardship and Weapons Production''.
(2) Stockpile stewardship program.--Section 3138 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1946), as amended by section
3152(e) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 2042), is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as added by paragraph (1);
(B) redesignated as section 4201; and
(C) inserted after the heading for subtitle A of such
title, as so added.
(3) Stockpile stewardship criteria.--Section 3158 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2257), as amended,
is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4202; and
(C) inserted after section 4201, as added by paragraph (2).
(4) Plan for stewardship, management, and certification of
warheads in stockpile.--Section 3151 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 2041) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4203; and
(C) inserted after section 4202, as added by paragraph (3).
(5) Stockpile life extension program.--Section 3133 of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 926) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4204;
(C) inserted after section 4203, as added by paragraph (4);
and
(D) amended in subsection (c)(1) by striking ``the date of
the enactment of this Act'' and inserting ``October 5,
1999''.
(6) Annual assessments and reports on condition of
stockpile.--Section 3141 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2730) is--
(A) transferred to title XLII of division D of such Act, as
amended by this subsection;
(B) redesignated as section 4205;
(C) inserted after section 4204, as added by paragraph (5);
and
(D) amended in subsection (d)(3)(B) by striking ``section
3137 of the National Defense Authorization Act for Fiscal
Year 1996 (42 U.S.C. 2121 note)'' and inserting ``section
4213''.
(7) Form of certain certifications regarding stockpile.--
Section 3194 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-481) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4206; and
(C) inserted after section 4205, as added by paragraph (6).
(8) Nuclear test ban readiness program.--Section 1436 of
the National Defense Authorization Act, Fiscal Year 1989
(Public Law 100-456; 102 Stat. 2075) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4207;
(C) inserted after section 4206, as added by paragraph (7);
and
(D) amended in the section heading by adding a period at
the end.
(9) Study on nuclear test readiness postures.--Section 3152
of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 623), as amended by
section 3192 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-480), is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4208; and
(C) inserted after section 4207, as added by paragraph (8).
(10) Requirements for requests for new or modified nuclear
weapons.--Section 3143 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2733) is--
(A) transferred to title XLII of division D of such Act, as
amended by this subsection;
(B) redesignated as section 4209; and
(C) inserted after section 4208, as added by paragraph (9).
(11) Limitation on underground nuclear weapons tests.--
Subsection (f) of section 507 of the Energy and Water
Development Appropriations Act, 1993 (Public Law 102-337; 106
Stat. 1345) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after section 4209, as added by paragraph
(10); and
(C) amended--
(i) by inserting before the text the following new section
heading:
``SEC. 4210. LIMITATION ON UNDERGROUND NUCLEAR WEAPONS
TESTS.'';
and
(ii) by striking ``(f)''.
(12) Prohibition on research and development of low-yield
nuclear weapons.--Section 3136 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1946) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4211;
(C) inserted after section 4210, as added by paragraph
(11); and
(D) amended in subsection (b) by striking ``the date of the
enactment of this Act,'' and inserting ``November 30,
1993,''.
(13) Testing of nuclear weapons.--Section 3137 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1946) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4212;
(C) inserted after section 4211, as added by paragraph
(12); and
(D) amended--
(i) in subsection (a), by inserting ``of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160)'' after ``section 3101(a)(2)''; and
(ii) in subsection (b), by striking ``this Act'' and
inserting ``the National Defense Authorization Act for Fiscal
Year 1994''.
(14) Manufacturing infrastructure for stockpile.--Section
3137 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 620), as amended by
section 3132 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2829), is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4213;
(C) inserted after section 4212, as added by paragraph
(13); and
(D) amended in subsection (d) by inserting ``of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106)'' after ``section 3101(b)''.
(15) Reports on critical difficulties at laboratories and
plants.--Section 3159 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2842), as amended by section 1305 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1954) and section 3163 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 944), is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4214; and
(C) inserted after section 4213, as added by paragraph
(14).
(16) Subtitle heading on tritium.--Title XLII of division D
of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
``Subtitle B--Tritium''.
(17) Tritium production program.--Section 3133 of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 618) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4231;
(C) inserted after the heading for subtitle B of such title
XLII, as added by paragraph (16); and
(D) amended--
[[Page S6135]]
(i) by striking ``the date of the enactment of this Act''
each place it appears and inserting ``February 10, 1996'';
and
(ii) in subsection (b), by inserting ``of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106)'' after ``section 3101''.
(18) Tritium recycling.--Section 3136 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 620) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4232; and
(C) inserted after section 4231, as added by paragraph
(17).
(19) Tritium Production.--Subsections (c) and (d) of
section 3133 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2830) are--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after section 4232, as added by paragraph
(18); and
(C) amended--
(i) by inserting before the text the following new section
heading:
``SEC. 4233. TRITIUM PRODUCTION.'';
(ii) by redesignating such subsections as subsections (a)
and (b), respectively; and
(iii) in subsection (a), as so redesignated, by inserting
``of Energy'' after ``The Secretary''.
(20) Modernization and consolidation of tritium recycling
facilities.--Section 3134 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2830) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4234;
(C) inserted after section 4233, as added by paragraph
(19); and
(D) amended in subsection (b) by inserting ``of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201)'' after ``section 3101''.
(21) Procedures for meeting tritium production
requirements.--Section 3134 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 927) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4235; and
(C) inserted after section 4234, as added by paragraph
(20).
(f) Proliferation Matters.--
(1) Title heading.--Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this section, is further amended by adding at the end the
following new title heading:
``TITLE XLIII--PROLIFERATION MATTERS''.
(2) International cooperative stockpile stewardship.--
Section 3133 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2036), as
amended by sections 1069 and 3131 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2136, 2246), is--
(A) transferred to title XLIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as added by paragraph (1);
(B) redesignated as section 4301;
(C) inserted after the heading for such title, as so added;
and
(D) amended in subsection (b)(3) by striking ``of this
Act'' and inserting ``of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85)''.
(3) Nonproliferation initiatives and activities.--Section
3136 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 927) is--
(A) transferred to title XLIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4302;
(C) inserted after section 4301, as added by paragraph (2);
and
(D) amended in subsection (b)(1) by striking ``this title''
and inserting ``title XXXI of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65)''.
(4) Annual report on materials protection, control, and
accounting program.--Section 3171 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1645A-475)
is--
(A) transferred to title XLIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4303;
(C) inserted after section 4302, as added by paragraph (3);
and
(D) amended in subsection (c)(1) by striking ``this Act''
and inserting ``the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398)''.
(5) Nuclear cities initiative.--Section 3172 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1645A-476) is--
(A) transferred to title XLIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4304; and
(C) inserted after section 4303, as added by paragraph (4).
(6) Programs on fissile materials.--Section 3131 of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 617), as amended by section
3152 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2738), is--
(A) transferred to title XLIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4305; and
(C) inserted after section 4304, as added by paragraph (5).
(7) Disposition of weapons usable plutonium.--Section 3182
of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2747) is--
(A) transferred to title XLIII of division D of such Act,
as amended by this subsection;
(B) redesignated as section 4306; and
(C) inserted after section 4305, as added by paragraph (7).
(8) Disposition of surplus defense plutonium.--Section 3155
of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107; 115 Stat. 1378) is--
(A) transferred to title XLIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4307; and
(C) inserted after section 4306, as added by paragraph (7).
(g) Environmental Restoration and Waste Management
Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the
following new headings:
``TITLE XLIV--ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT MATTERS
``Subtitle A--Environmental Restoration and Waste Management''.
(2) Defense environmental restoration and waste management
account.--Section 3134 of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105
Stat. 1575) is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as added by paragraph (1);
(B) redesignated as section 4401; and
(C) inserted after the heading for subtitle A of such
title, as so added.
(3) Future use plans for environmental management
program.--Section 3153 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2839)
is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4402;
(C) inserted after section 4401, as added by paragraph (2);
and
(D) amended--
(i) in subsection (d), by striking ``the date of the
enactment of this Act'' and inserting ``September 23,
1996,''; and
(ii) in subsection (h)(1), by striking ``the date of the
enactment of this Act'' and inserting ``September 23, 1996''.
(4) Integrated fissile materials management plan.--Section
3172 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 948) is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4403; and
(C) inserted after section 4402, as added by paragraph (3).
(5) Baseline environmental management reports.--Section
3153 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1950), as amended by
section 3160 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3094),
section 3152 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2839), and
section 3160 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2048), is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4404; and
(C) inserted after section 4403, as added by paragraph (4).
(6) Accelerated schedule for environmental restoration and
waste management.--Section 3156 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 625) is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4405;
(C) inserted after section 4404, as added by paragraph (5);
and
(D) amended in subsection (b)(2) by inserting before the
period the following: ``, the predecessor provision to
section 4404 of this Act''.
[[Page S6136]]
(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;
(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;
[[Page S6137]]
(B) redesignated as section 4506;
(C) inserted after section 4505, as added by paragraph (6);
and
(D) amended in subsection (b) by inserting ``of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 2048; 42 U.S.C. 7251 note)''
after ``section 3161''.
(8) Report on counterintelligence and security practices at
laboratories.--Section 3152 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 940) is--
(A) transferred to title XLV of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4507;
(C) inserted after section 4506, as added by paragraph (7);
and
(D) amended by adding at the end the following new
subsection:
``(c) National Laboratory Defined.--In this section, the
term `national laboratory' has the meaning given that term in
section 4502(g)(3).''.
(9) Report on security vulnerabilities of national
laboratory computers.--Section 3153 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 940) is--
(A) transferred to title XLV of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4508;
(C) inserted after section 4507, as added by paragraph (8);
and
(D) amended by adding at the end the following new
subsection:
``(f) National Laboratory Defined.--In this section, the
term `national laboratory' has the meaning given that term in
section 4502(g)(3).''.
(10) Subtitle heading on classified information.--Title XLV
of division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new
subtitle heading:
``Subtitle B--Classified Information''.
(11) Review of certain documents before declassification
and release.--Section 3155 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 625) is--
(A) transferred to title XLV of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4521; and
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (10).
(12) Protection against inadvertent release of restricted
data and formerly restricted data.--Section 3161 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2259), as amended by
section 1067(3) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 774) and
section 3193 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-480), is--
(A) transferred to title XLV of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4522;
(C) inserted after section 4521, as added by paragraph
(11); and
(D) amended--
(i) in subsection (c)(1), by striking ``the date of the
enactment of this Act'' and inserting ``October 17, 1998,'';
(ii) in subsection (f)(1), by striking ``the date of the
enactment of this Act'' and inserting ``October 17, 1998'';
and
(iii) in subsection (f)(2), by striking ``The Secretary''
and inserting ``Commencing with inadvertent releases
discovered on or after October 30, 2000, the Secretary''.
(13) Supplement to plan for declassification of restricted
data and formerly restricted data.--Section 3149 of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 938) is--
(A) transferred to title XLV of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4523;
(C) inserted after section 4522, as added by paragraph
(12); and
(D) amended--
(i) in subsection (a), by striking ``subsection (a) of
section 3161 of the Strom Thurmond National Defense Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2260; 50
U.S.C. 435 note)'' and inserting ``subsection (a) of section
4522'';
(ii) in subsection (b)--
(I) by striking ``section 3161(b)(1) of that Act'' and
inserting ``subsection (b)(1) of section 4522''; and
(II) by striking ``the date of the enactment of that Act''
and inserting ``October 17, 1998,'';
(iii) in subsection (c)--
(I) by striking ``section 3161(c) of that Act'' and
inserting ``subsection (c) of section 4522''; and
(II) by striking ``section 3161(a) of that Act'' and
inserting ``subsection (a) of such section''; and
(iv) in subsection (d), by striking ``section 3161(d) of
that Act'' and inserting ``subsection (d) of section 4522''.
(14) Protection of classified information during
laboratory-to-laboratory exchanges.--Section 3145 of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 935) is--
(A) transferred to title XLV of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4524; and
(C) inserted after section 4523, as added by paragraph
(13).
(15) Identification in budgets of amount for
declassification activities.--Section 3173 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 949) is--
(A) transferred to title XLV of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4525;
(C) inserted after section 4524, as added by paragraph
(14); and
(D) amended in subsection (b) by striking ``the date of the
enactment of this Act'' and inserting ``October 5, 1999,''.
(16) Subtitle heading on emergency response.--Title XLV of
division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new
subtitle heading:
``Subtitle C--Emergency Response''.
(17) Responsibility for defense programs emergency response
program.--Section 3158 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 626)
is--
(A) transferred to title XLV of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4541; and
(C) inserted after the heading for subtitle C of such
title, as added by paragraph (16).
(i) Personnel Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the
following new headings:
``TITLE XLVI--PERSONNEL MATTERS
``Subtitle A--Personnel Management''.
(2) Authority for appointment of certain scientific,
engineering, and technical personnel.--Section 3161 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 3095), as amended by section
3139 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 2040), sections 3152
and 3155 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2253,
2257), and section 3191 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-480), is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as added by paragraph (1);
(B) redesignated as section 4601; and
(C) inserted after the heading for subtitle A of such
title, as so added.
(3) Whistleblower protection program.--Section 3164 of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 946) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4602;
(C) inserted after section 4601, as added by paragraph (2);
and
(D) amended in subsection (n) by striking ``60 days after
the date of the enactment of this Act,'' and inserting
``December 5, 1999,''.
(4) Employee incentives for workers at closure project
facilities.--Section 3136 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-458) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4603;
(C) inserted after section 4602, as added by paragraph (3);
and
(D) amended--
(i) in subsections (c) and (i)(1)(A), by striking ``section
3143 of the National Defense Authorization Act for Fiscal
Year 1997 (42 U.S.C. 7274n)'' and inserting ``section 4421'';
and
(ii) in subsection (g), by striking ``section 3143(h) of
the National Defense Authorization Act for Fiscal Year 1997''
and inserting ``section 4421(h)''.
(5) Defense nuclear facility workforce restructuring
plan.--Section 3161 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644), as
amended by section 1070(c)(2) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
108 Stat. 2857), Public Law 105-277 (112 Stat. 2681-419,
2681-430), and section 1048(h)(1) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107;
115 Stat. 1229), is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4604;
[[Page S6138]]
(C) inserted after section 4603, as added by paragraph (4);
and
(D) amended--
(i) in subsection (a), by striking ``(hereinafter in this
subtitle referred to as the `Secretary')''; and
(ii) by adding at the end the following new subsection:
``(g) Department of Energy Defense Nuclear Facility
Defined.--In this section, the term `Department of Energy
defense nuclear facility' means--
``(1) a production facility or utilization facility (as
those terms are defined in section 11 of the Atomic Energy
Act of 1954 (42 U.S.C. 2014)) that is under the control or
jurisdiction of the Secretary and that is operated for
national security purposes (including the tritium loading
facility at Savannah River, South Carolina, the 236 H
facility at Savannah River, South Carolina; and the Mound
Laboratory, Ohio), but the term does not include any facility
that does not conduct atomic energy defense activities and
does not include any facility or activity covered by
Executive Order Number 12344, dated February 1, 1982,
pertaining to the naval nuclear propulsion program;
``(2) a nuclear waste storage or disposal facility that is
under the control or jurisdiction of the Secretary;
``(3) a testing and assembly facility that is under the
control or jurisdiction of the Secretary and that is operated
for national security purposes (including the Nevada Test
Site, Nevada; the Pinnellas Plant, Florida; and the Pantex
facility, Texas);
``(4) an atomic weapons research facility that is under the
control or jurisdiction of the Secretary (including Lawrence
Livermore, Los Alamos, and Sandia National Laboratories); or
``(5) any facility described in paragraphs (1) through (4)
that--
``(A) is no longer in operation;
``(B) was under the control or jurisdiction of the
Department of Defense, the Atomic Energy Commission, or the
Energy Research and Development Administration; and
``(C) was operated for national security purposes.''.
(6) Authority to provide certificate of commendation to
employees.--Section 3195 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-481) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4605; and
(C) inserted after section 4604, as added by paragraph (5).
(7) Subtitle heading on training and education.--Title XLVI
of division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new
subtitle heading:
``Subtitle B--Education and Training''.
(8) Executive management training.--Section 3142 of the
National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 103 Stat. 1680) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4621;
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (7); and
(D) amended in the section heading by adding a period at
the end.
(9) Stockpile stewardship recruitment and training
program.--Section 3131 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3085)
is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4622;
(C) inserted after section 4621, as added by paragraph (8);
and
(D) amended--
(i) in subsection (a)(1), by striking ``section 3138 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1946; 42 U.S.C. 2121 note)''
and inserting ``section 4201''; and
(ii) in subsection (b)(2), by inserting ``of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337)'' after ``section 3101(a)(1)''.
(10) Fellowship program for development of skills critical
to nuclear weapons complex.--Section 3140 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat 621), as amended by section 3162 of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 943), is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4623; and
(C) inserted after section 4622, as added by paragraph (9).
(11) Subtitle heading on worker safety.--Title XLVI of
division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new
subtitle heading:
``Subtitle C--Worker Safety''.
(12) Worker protection at nuclear weapons facilities.--
Section 3131 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1571) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4641;
(C) inserted after the heading for subtitle C of such
title, as added by paragraph (11); and
(D) amended in subsection (e) by inserting ``of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190)'' after ``section 3101(9)(A)''.
(13) Safety oversight and enforcement at defense nuclear
facilities.--Section 3163 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
108 Stat. 3097) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4642;
(C) inserted after section 4641, as added by paragraph
(12); and
(D) amended in subsection (b) by striking ``90 days after
the date of the enactment of this Act,'' and inserting
``January 5, 1995,''.
(14) Program to monitor workers at defense nuclear
facilities exposed to hazardous and radioactive substances.--
Section 3162 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2646) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4643;
(C) inserted after section 4642, as added by paragraph
(13); and
(D) amended--
(i) in subsection (b)(6), by striking ``1 year after the
date of the enactment of this Act'' and inserting ``October
23, 1993'';
(ii) in subsection (c), by striking ``180 days after the
date of the enactment of this Act,'' and inserting ``April
23, 1993,''; and
(iii) by adding at the end the following new subsection:
``(c) Definitions.--In this section:
``(1) The term `Department of Energy defense nuclear
facility' has the meaning given that term in section 4604(g).
``(2) The term `Department of Energy employee' means any
employee of the Department of Energy employed at a Department
of Energy defense nuclear facility, including any employee of
a contractor of subcontractor of the Department of Energy
employed at such a facility.''.
(j) Budget and Financial Management Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the
following new headings:
``TITLE XLVII--BUDGET AND FINANCIAL MANAGEMENT MATTERS
``Subtitle A--Recurring National Security Authorization Provisions''.
(2) Recurring national security authorization provisions.--
Sections 3620 through 3631 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2756) are--
(A) transferred to title XLVII of division D of such Act,
as added by paragraph (1);
(B) redesignated as sections 4701 through 4712,
respectively;
(C) inserted after the heading for subtitle A of such
title, as so added; and
(D) amended--
(i) in section 4702, as so redesignated, by striking
``sections 3629 and 3630'' and inserting ``sections 4710 and
4711'';
(ii) in section 4706(a)(3)(B), as so redesignated, by
striking ``section 3626'' and inserting ``section 4707'';
(iii) in section 4707(c), as so redesignated, by striking
``section 3625(b)(2)'' and inserting ``section 4706(b)(2)'';
(iv) in section 4710(c), as so redesignated, by striking
``section 3621'' and inserting ``section 4702'';
(v) in section 4711(c), as so redesignated, by striking
``section 3621'' and inserting ``section 4702''; and
(vi) in section 4712, as so redesignated, by striking
``section 3621'' and inserting ``section 4702''.
(3) Subtitle heading on penalties.--Title XLVII of division
D of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
``Subtitle B--Penalties''.
(4) Restriction on use of funds to pay penalties under
environmental laws.--Section 3132 of the National Defense
Authorization Act for Fiscal Year 1987 (Public Law 99-661;
100 Stat. 4063) is--
(A) transferred to title XLVII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4721;
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (3); and
(D) amended in the section heading by adding a period at
the end.
(5) Restriction on use of funds to pay penalties under
clean air act.--Section 211 of the Department of Energy
National Security and Military Applications of Nuclear Energy
Authorization Act of 1981 (Public Law 96-540; 94 Stat. 3203)
is--
[[Page S6139]]
(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;
[[Page S6140]]
(B) redesignated as section 4833;
(C) inserted after section 4832, as added by paragraph
(12); and
(D) amended in subsection (d) by striking ``sections 202
and 203(j) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 483 and 484(j))'' and
inserting ``subchapter II of chapter 5 and section 549 of
title 40, United States Code,''.
(14) Subtitle heading on other matters.--Title XLVIII of
division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new
subtitle heading:
``Subtitle D--Other Matters''.
(15) Semiannual reports on local impact assistance.--
Subsection (f) of section 3153 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 2044) is--
(A) transferred to title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after the heading for subtitle D of such
title, as added by paragraph (14); and
(C) amended--
(i) by inserting before the text the following new section
heading:
``SEC. 4851. SEMIANNUAL REPORTS ON LOCAL IMPACT
ASSISTANCE.'';
(ii) by striking ``(f) Semiannual Reports on Local Impact
Assistance.--''; and
(iii) by striking ``section 3161(c)(6) of the National
Defense Authorization Act of Fisca Year 1993 (42 U.S.C.
7274h(c)(6))'' and inserting ``section 4604(c)(6)''.
(l) Matters Relating to Particular Facilities.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the
following new headings:
``TITLE XLIX--MATTERS RELATING TO PARTICULAR FACILITIES
``Subtitle A--Hanford Reservation, Washington''.
(2) Safety measures for waste tanks.--Section 3137 of the
National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 104 Stat. 1833) is--
(A) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as added by paragraph (1);
(B) redesignated as section 4901;
(C) inserted after the heading for subtitle A of such
title, as so added; and
(D) amended--
(i) in the section heading, by adding a period at the end;
(ii) in subsection (a), by striking ``Within 90 days after
the date of the enactment of this Act,'' and inserting ``Not
later than February 3, 1991,'';
(iii) in subsection (b), by striking ``Within 120 days
after the date of the enactment of this Act,'' and inserting
``Not later than March 5, 1991,'';
(iv) in subsection (c), by striking ``Beginning 120 days
after the date of the enactment of this Act,'' and inserting
``Beginning March 5, 1991,''; and
(v) in subsection (d), by striking ``Within six months of
the date of the enactment of this Act,'' and inserting ``Not
later than May 5, 1991,''.
(3) Programs for persons who may have been exposed to
radiation released from hanford reservation.--Section 3138 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 104 Stat. 1834), as amended by section
3138 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 3087), is--
(A) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4902;
(C) inserted after section 4901, as added by paragraph (2);
and
(D) amended--
(i) in the section heading, by adding a period at the end;
(ii) in subsection (a), by striking ``this title'' and
inserting ``title XXXI of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510)''; and
(iii) in subsection (c)--
(I) in paragraph (2), by striking ``six months after the
date of the enactment of this Act,'' and inserting ``May 5,
1991,''; and
(II) in paragraph (3), by striking ``18 months after the
date of the enactment of this Act,'' and inserting ``May 5,
1992,''.
(4) Waste tank cleanup program.--Section 3139 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2250), as amended by
section 3141 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-463) and section 3135
of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107; 115 Stat. 1368), is--
(A) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4903;
(C) inserted after section 4902, as added by paragraph (3);
and
(D) amended in subsection (d) by striking ``30 days after
the date of the enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001,'' and
inserting ``November 29, 2000,''.
(5) River protection project.--Subsection (a) of section
3141 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398; 114 Stat. 1654A-462) is--
(A) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after section 4903, as added by paragraph (4);
and
(C) amended--
(i) by inserting before the text the following new section
heading:
``SEC. 4904. RIVER PROTECTION PROJECT.''; AND
(ii) by striking ``(a) Redesignation of Project.--''.
(6) Funding for termination costs of river protection
project.--Section 3131 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-454) is--
(A) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4905;
(C) inserted after section 4904, as added by paragraph (5);
and
(D) amended--
(i) by striking ``section 3141'' and inserting ``section
4904''; and
(ii) by striking ``the date of the enactment of this Act''
and inserting ``October 30, 2000''.
(7) Subtitle heading on savannah river site, south
carolina.--Title XLIX of division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this subsection, is further amended by adding at the end the
following new subtitle heading:
``Subtitle B--Savannah River Site, South Carolina''.
(8) Accelerated schedule for isolating high-level nuclear
waste at defense waste processing facility.--Section 3141 of
the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2834) is--
(A) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4911; and
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (7).
(9) Multi-year plan for clean-up.--Subsection (e) of
section 3142 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2834) is--
(A) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after section 4911, as added by paragraph (8);
and
(C) amended--
(i) by inserting before the text the following new section
heading:
``SEC. 4912. MULTI-YEAR PLAN FOR CLEAN-UP.''; AND
(ii) by striking ``(e) Multi-Year Plan for Clean-Up at
Savannah River Site.--The Secretary'' and inserting ``The
Secretary of Energy''.
(10) Continuation of processing, treatment, and disposal of
legacy nuclear materials.--
(A) Fiscal year 2001.--Subsection (a) of section 3137 of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat 1654A-460) is--
(i) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) inserted after section 4912, as added by paragraph
(9); and
(iii) amended--
(I) by inserting before the text the following new section
heading:
``SEC. 4913. CONTINUATION OF PROCESSING, TREATMENT, AND
DISPOSAL OF LEGACY NUCLEAR MATERIALS.''; AND
(II) by striking ``(a) Continuation.--''.
(B) Fiscal year 2000.--Section 3132 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 924) is--
(i) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) redesignated as section 4913A; and
(iii) inserted after section 4913, as added by subparagraph
(A).
(C) Fiscal year 1999.--Section 3135 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2248) is--
(i) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) redesignated as section 4913B; and
(iii) inserted after section 4913A, as added by
subparagraph (B).
(D) Fiscal year 1998.--Subsection (b) of section 3136 of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 2038) is--
(i) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
[[Page S6141]]
(ii) inserted after section 4913B, as added by subparagraph
(C); and
(iii) amended--
(I) by inserting before the text the following new section
heading:
``SEC. 4913C. CONTINUATION OF PROCESSING, TREATMENT, AND
DISPOSAL OF LEGACY NUCLEAR MATERIALS.''; AND
(II) by striking ``(b) Requirement for Continuing
Operations at Savannah River Site.--''.
(E) Fiscal year 1997.--Subsection (f) of section 3142 of
the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2836) is--
(i) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) inserted after section 4913C, as added by subparagraph
(D); and
(iii) amended--
(I) by inserting before the text the following new section
heading:
``SEC. 4913D. CONTINUATION OF PROCESSING, TREATMENT, AND
DISPOSAL OF LEGACY NUCLEAR MATERIALS.'';
(II) by striking ``(f) Requirement for Continuing
Operations at Savannah River Site.--The Secretary'' and
inserting ``The Secretary of Energy''; and
(III) by striking ``subsection (e)'' and inserting
``section 4912''.
(11) Limitation on use of funds for decommissioning f-
canyon facility.--Subsection (b) of section 3137 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-460) is--
(A) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after section 4913D, as added by paragraph
(10)(E); and
(C) amended--
(i) by inserting before the text the following new section
heading:
``SEC. 4914. LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING
F-CANYON FACILITY.'';
(ii) by striking ``(b) Limitation on Use of Funds for
Decommissioning F-Canyon Facility.--'';
(iii) by striking ``this or any other Act'' and inserting
``the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398)
or any other Act''; and
(iv) by striking ``the Secretary'' in the matter preceding
paragraph (1) and inserting ``the Secretary of Energy''.
(12) Subtitle heading on other facilities.--Title XLIX of
division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new
subtitle heading:
``Subtitle C--Other Facilities''.
(13) Payment of costs of operation and maintenance of
infrastructure at nevada test site.--Section 3144 of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2838) is--
(A) transferred to title XLIX of division D of such Act, as
amended by this subsection;
(B) redesignated as section 4921; and
(C) inserted after the heading for subtitle C of such
title, as added by paragraph (12).
(m) Conforming Amendments.--(1) Title XXXVI of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 116 Stat. 1756) is repealed.
(2) Subtitle E of title XXXI of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
42 U.S.C. 7274h et seq.) is repealed.
(3) Section 8905a(d)(5)(A) of title 5, United States Code,
is amended by striking ``section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)''
and inserting ``section 4421 of the Atomic Energy Defense
Act''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2004, $19,559,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
______
By Mr. DOMENICI (for himself, Mr. Reid, and Mr. Bingaman):
S. 1051. A bill to direct the Secretary of the Interior to carry out
a demonstration program to assess potential water savings through
control of Salt Cedar and Russian Olive; to the Committee on
Environment and Public Works.
Mr. DOMENICI. Mr. President, I rise today to introduce a piece of
legislation that is of paramount importance to the State of New Mexico
and many other Western States. This bill will address the mounting
pressures brought on by the growing demands throughout the West of a
diminishing water supply.
A water crisis has ravaged the West for 4 years. Drought conditions
are expected to expand into the upper Midwest this year. Last year snow
packs were abnormally low, causing severe drought conditions. Snow pack
conditions this year are still low, but marginally better in the
Southwest. The rest of the West does not look any more promising.
I know that the seriousness of the water situation in New Mexico
becomes more acute every single day. This drought has affected every
New Mexican and nearly everyone in the West in some way. Wells are
running dry, farmers are being forced to sell livestock, many of our
cities are in various stages of conservation and many, many acres have
been charred by catastrophic wildfires.
The drought conditions also have other consequences. For example, the
lack of stream flow makes it very difficult for New Mexico to meet its
compact delivery obligations to the State of Texas.
The bill that I am introducing today deals more specifically with the
issue of in-stream water flows. To compound the drought situation, New
Mexico is home to a vast amount of salt cedar. Salt cedar is a water-
thirsty non-native tree that continually strips massive amounts of
water out of New Mexico's two predominant water supplies--the Pecos and
the Rio Grande rivers.
Estimates show that one mature salt cedar tree can consume as much as
200 gallons of water per day; over the growing season that's 7 acre
feet of water for each acre of salt cedar. In addition to the excessive
water consumption, salt cedars increase fire, increase river
channelization and flood frequency, decrease water flow and increase
water and soil salinity along the river. Studies indicate that
eradication of the salt cedars could increase river flows. Increasing
river flows could help alleviate mounting pressure to meet compact
delivery obligations--both on the Pecos and the Rio Grande.
The drought and the mounting legal requirements on both the Pecos and
Rio Grande rivers are forcing us toward a severe water crisis. Every
river in the intermountain West seems to be facing these same problems.
Solving such water problems has become one of my top priorities.
I ask unanimous consent that a copy of the bill be printed in the
Record.
Mr. REID. Will the Senator yield?
Mr. DOMENICI. I am happy to yield.
Mr. REID. I apologize for interrupting the Senator. I applaud and
commend the author of this legislation, with whom I joined, in
presenting this legislation.
For the State of Nevada, with the limited agriculture we have, and
the very few rivers we have, the tamarisk is removing our agricultural
possibilities, our recreational possibilities. If we can figure out a
way to get rid of this salt cedar that has been ruining Nevada's rivers
for decades now, it will do as much to help the State of Nevada and the
environment as any one thing we can do. This will actually improve the
environment of the State of Nevada.
I want the record to reflect how much I, on behalf of the State of
Nevada, applaud the Senator from New Mexico for offering this
legislation.
Mr. DOMENICI. This map which we just showed indicates that your
problem is not just yours, my problem is not just mine. All the States
that are green on the chart have tamarisk or one of these foreign
plants such as salt cedar, that have infested the area, sucking up
their water for no good use.
Estimates show that a mature salt cedar tree can consume as much as
200 gallons of water a day over the growing season or 7 acre feet of
water for each acre of salt cedar.
In addition to the excessive water consumption, the salt cedar
increases fire, increases river channelization, flood frequency,
decreases water flow, increases water and soil salinity over the
various river basins.
Mr. REID. If I could just say one more thing to my friend from New
Mexico, in addition to that, they are not good for shade.
Mr. DOMENICI. They are good for nothing.
Mr. REID. They are not good for birds to nest in. They are just an
ugly blight on Nevada's environment.
Mr. DOMENICI. I thank the Senator for joining me.
Mr. DOMENICI. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
[[Page S6142]]
S. 1051
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SEC. 1. SHORT TITLE.
This Act may be cited as the `Salt Cedar Control
Demonstration Act'.
SEC. 2. DEMONSTRATION PROGRAM.
(a) Assessment.--Not later than 1 year after the date when
funds are made available to carry out this section, the
Secretary of the Interior (``Secretary'') shall complete an
assessment of the extent of Salt Cedar and Russian Olive
invasion in the Western United States, past and on-going
research on tested and innovative methods to control these
phreatophytes, the feasibility of reducing water consumption,
methods and challenges in land restoration, estimated costs
for all aspects of destruction, biomass removal, land
restoration and maintenance, and shall identify long-term
management and funding stragtegies that could be implemented
by federal, state and private land managers.
(b) Demonstration.--The Secretary will initiate a program
of not fewer than 3 projects to demonstrate and evaluate the
most effective control methods including at least one project
primarily using air-born application of herbicides, at least
one project using mechanical removal and at least one project
using biocontrol such as goats or insects or any combination
thereof. Each demonstration project shall be designed and
carried out over time frames and spatial scales large enough
to--
(1) monitor and fully document the water saved due to
control of Salt Cedar and Russian Oliver infestation and what
portions of the saved water returns to surface water supplies
and at what rates;
(2) assess the optimum application approach and tools for
an array of control methods,
(3) assess all costs and benefits associated with the
control methods, land restoration and maintenance,
(4) determine what conditions indicate the need to remove
biomass and the optimal methods for disposal or use of
biomass;
(5) define appropriate final vegetative states, optimal re-
vegetation methods, and methods to prevent regrowth and
reintroduction of the invasive species.
(c) Costs.--The total cost of each project may not exceed
7,000,000 dollars including costs of planning, design,
implementation, maintenance and monitoring. The Federal share
of the costs of any activity funded under this program shall
be no more than 65 percent of the total cost. The Secretary
may apply the value of in-kind contributions including State
Agency provided services to the non-Federal share of the
costs.
(d) Cooperation.--The Secretary shall use the expertise of
institutions of higher education, state agencies, and soil
and water conservation districts that are actively conducting
research on or implementing Salt Cedar and Russian Olive
control activities and shall cooperate with other federal
agencies including the Department of Agriculture, Corp of
Engineers, affected states, local units of government, and
Indian Tribes.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the
provisions of this Act $50,000,000 for fiscal year 2004, and
such sums as are necessary for each fiscal year thereafter.
______
By Mr. NELSON of Florida:
S. 1052. A bill to ensure that recipients of unsolicited bulk
commercial electronic mail can identify the sender of such electronic
mail, and for other purposes; to the Committee on Commerce, Science,
and Transportation.
Mr. NELSON of Florida. Mr. President, unwanted e-mail has become a
problem of such gargantuan proportions that today's consumers find it
difficult to engage in the normal commerce of e-mail because their e-
mail screen is so cluttered with so many unwanted messages.
Commercially, clearly there is a desirable reason to have commercial
messages, but a consumer ought to be able to opt out if that consumer
does not want to continue to get those commercial messages. A consumer,
particularly, should not have to endure the affront of messages that
are clearly inappropriate, including pornographic messages.
It is unbelievable. Yesterday, I was in my Tampa office, and in just
one day, in the Tampa office, a U.S. Senate office, we had an e-mail
sheet filled with unwanted messages, including pornographic messages.
You can imagine if it is happening to a U.S. Senator's e-mail account
what is happening across the land.
So today I am introducing legislation that will give the consumer the
opportunity to opt out, that will create penalties, both in jail time
and fines, for deceptive and untruthful messages, as well as messages
that do not have a return address where somebody is masking their
identity.
And, Mr. President, we are going to put some teeth in this
legislation because we are going to make the infraction of this
particular onerous activity of unwanted e-mail an element of the
Racketeer Influenced and Corrupt Organizations Act, the RICO Act, which
will give prosecutors the tools to go after the criminal enterprise and
take the assets of that criminal enterprise that has become such a
plague upon the consumers of this Nation who want and desire and, in
fact, use a new kind of communication, e-mail.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1052
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 ``Ban on Deceptive Unsolicited
Bulk Electronic Mail Act of 2003''.
SEC. 2. DECEPTIVE UNSOLICITED ELECTRONIC MAIL.
(a) Violations.--It shall be unlawful for any person to
knowingly and intentionally use a computer or computer
network to--
(1) falsify or forge electronic mail transmission
information or other source, destination, routing, or subject
heading information in any manner in connection with the
transmission of unsolicited bulk commercial electronic mail
through, or into, the computer network of an electronic mail
service provider or its subscribers;
(2) transmit an electronic mail message to a recipient who
requests not to receive unsolicited bulk commercial
electronic mail; or
(3) collect electronic mail addresses from public and
private spaces for the purpose of transmitting unsolicited
bulk commercial electronic mail.
(b) Penalty.--Any violation of subsection (a) shall be--
(1) considered a predicate offense for the purposes of
applying the Racketeering Influenced and Corrupt Organization
Act (RICO) (18 U.S.C. 1961 et seq.);
(2) constitute an unfair or deceptive act or practice in
violation of section 5(a) of the Federal Trade Commission Act
(15 U.S.C. 45(a)); and
(3) punishable by--
(A) a civil penalty; and
(B) a fine in accordance with title 18, United States Code,
or imprisonment for not more than 5 years, or both.
(c) Opportunity to Option Out of Receiving Unsolicited
Mail.--Any person sending unsolicited bulk commercial
electronic mail shall provide recipients of such electronic
mail a clear and conspicuous opportunity to request not to
receive future unsolicited electronic mail.
(d) Definitions.--In this section:
(1) Electronic mail message.--The term ``electronic mail
message'' means a message sent to an electronic mail address.
(2) Electronic mail address.--The term ``electronic mail
address'' means a destination, commonly expressed as a string
of characters, consisting of a unique user name or mailbox
(commonly referred to as the ``local part'') and a reference
to an Internet domain (commonly referred to as the ``domain
part'') to which an electronic mail message can be sent or
delivered.
____________________