[Congressional Record Volume 149, Number 76 (Wednesday, May 21, 2003)]
[House]
[Pages H4402-H4511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004
The SPEAKER pro tempore (Mr. Sweeney). Pursuant to House Resolution
245 and rule XVIII, the Chair declares the House in the Committee of
the Whole House on the State of the Union for the consideration of the
bill, H.R. 1588.
The Chair designates the gentleman from Texas (Mr. Bonilla) as
chairman of the Committee of the Whole, and requests the gentleman from
New York (Mr. Sweeney) to assume the chair temporarily.
{time} 1346
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 1588) to authorize appropriations for fiscal year 2004 for
military activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2004, and for other purposes, with
Mr. Sweeney (Chairman pro tempore) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. Pursuant to the rule, the bill is
considered as having been read the first time.
Under the rule, the gentleman from California (Mr. Hunter) and the
gentleman from Missouri (Mr. Skelton) each will control 60 minutes.
The Chair recognizes the gentleman from California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
We have an excellent defense bill before us today. We have learned a
number of lessons from the conflict we just concluded in Iraq. I think
the lessons of the last 15 years are that we must have in this country
broad military capabilities, and that means we have got to be able to
handle a conventional armored attack or conventional warfare. We must
be able to handle guerilla warfare. We must be able, at the same time,
to conduct the war against terrorism, and we have to prepare for the
eventuality that ballistic missiles may at some point be launched
against the United States.
Mr. Chairman, this bill addresses America's military issues. We
address all of the issues that are brought up with respect to
personnel. We have a 4.1 percent average pay increase in this bill. We
have targeted bonuses where we have critical skills requirements and
critical grade requirements. We provide for family housing. We do all
the things that are important for people. At the same time, we
modernize and we have more money for modernization than we have in
years past, Mr. Chairman.
We have lots of old platforms. We know that our Army helicopters
average 18.6 years of age. Two-thirds of the Naval aircraft are over 15
years. And if you go down the line you even come up with some
antiquities. You come up with B-52 bombers, the youngest of which was
built in 1962. So we have many years where modernization is required,
and we have embarked on this first step of modernization with this bill
that provides a little over $70 billion for modernization.
Mr. Chairman, we have learned lessons in Iraq, and this committee,
which worked very hard, Democrats and Republicans on all of our
subcommittees listened to our military after the operation in Iraq, and
we asked them what their lessons learned were, what new systems, what
new capabilities could we work on to give them even more effectiveness
on the battlefield. They talked to us, and we have embedded some of
these requests, Mr. Chairman, in this bill.
So this bill reflects not just recommendations from the
administration over the last several years, but it reflects what war-
fighting leaders need on the battlefields and what they have learned is
required as a result of this most recent conflict. So this is a very
up-to-date bill.
Mr. Chairman, we need a number of what I would call so-called
enablers to continue to fight today's wars and also prepare for
tomorrow's wars. We need airlifts. You have to have the ability to move
that air bridge and move across that air bridge either from the United
States to a military operation around the world, or to move from
foreign-based troops, troops in Germany or other places, move them into
the battlefields and not only move troops in but move equipment in and
provide that bridge of tankers to be able to move strike aircraft in,
long-range strike aircraft or short-range tactical aircraft which,
combined with precision munitions, can hit those targets, whether it is
an al Qaeda cave in Afghanistan or a leadership bunker in
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Iraq or in some other part of the world. We have supplied more money
for that very important area, Mr. Chairman.
We also need to bolster precision-guided munitions which have
provided us with so much leverage in this operation. We do that here.
We also provide for more robust missile defense because we know that
Scud missiles launched in a theater can paralyze our tactical
airfields. Until we can take care of those airfields and bring people
in and bring aircraft in, we know we have to have the ability to pull
down Scud-class ballistic missiles and increasingly effective ballistic
missiles that are actually more high-powered, more capable than Scuds.
For that reason, Mr. Chairman, we have money in this bill for Patriot
missile systems, for more procurement of our missile systems, so we can
protect our troops in theater and project American power around the
world. That is another enabler.
We also put money in for the deep strike program, Mr. Chairman. That
is important. That will follow on and bolster this fleet of B-1s, B-2s
and B-52s that carried the war to the enemy so effectively in this last
theater.
So we do a number of things, Mr. Chairman, that will enable us to not
only fight today's wars but also look beyond the horizon and will help
us fight tomorrow's wars.
Let me tell you, Mr. Chairman, you will be listening to the reports
of our subcommittee chairman and the ranking members of those
subcommittees and you will see that this bill is a product of a lot of
hard work, a lot of folks who sat in those chairs and listened not only
to the daily briefings on the Iraq operation but listened very intently
to our people in uniform when they told us what we are going to need to
protect this country. Our folks have done a great job.
So, finally, let me commend our commander-in-chief, President Bush,
for the blueprint that he laid out for us, for Secretary Rumsfeld, our
military leaders, but, lastly, everybody who projected American power
in this last conflict, who went out, right down to that 19-year-old kid
carrying an M-16 trying to go through the choke point at Nasiriya in
Iraq.
America's military team has performed brilliantly for us. Now it is
time for us to perform for them.
I want to thank my ranking member, the gentleman from Missouri (Mr.
Skelton), for his great partnership in putting this bill together. We
have had a few contentious moments and we may have a few more as we go
through this bill. There are a few items that do not come up very often
in the defense bill but will come up. But after the arm wrestling is
over, Mr. Chairman, you will see a united Committee on Armed Services
and hopefully a united House of Representatives standing tall behind
the uniformed people in the United States military. So I am very
grateful to the gentleman from Missouri (Mr. Skelton) for his work.
I want to also say I am very grateful to our subcommittee chairman,
the gentleman from Pennsylvania (Mr. Weldon), the gentleman from
Colorado (Mr. Hefley), the gentleman from New Jersey (Mr. Saxton), the
gentleman from New York (Mr. McHugh), the gentleman from Alabama (Mr.
Everett), and the gentleman from Maryland (Mr. Bartlett), and also all
of their ranking members on their subcommittees for the hard work they
have put in.
Mr. Chairman, we will start presenting our subcommittee reports
momentarily.
Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield my myself such time as I may
consume.
Mr. Chairman, I rise in support of this Armed Services bill. I would
like to first pay tribute to our chairman, the gentleman from
California (Mr. Hunter), if I may, for his sincerity, for his hard
work, and for his determination in taking care of the troops and making
sure that they have the right equipment and ammunition that they need
to succeed on the battlefield.
We are so very, very proud of the young men and young women and the
victory that they have brought about in the fields of battle in Iraq
for several reasons; and a lot of it is tied right back to the work we
have done on the Committee on Armed Services through the years.
The first is the high caliber of young men and young women that we
have. They are professionals. They are dedicated and highly trained.
The operation and maintenance dollars we have given towards training
has paid off.
Secondly, the equipment that they have had. When you speak of the M-
1, A-1 tanks, the Bradley fighting vehicles or the B-2 bombers or
whatever, their equipment has been the very best available.
Number three is the ammunition they have had, the precise ammunition,
the targeted ammunition they have. Whether you are speaking about a red
dot on the target through a rifle at 300 meters or a JDAM bomb being
dropped from a B-2 bomber at 40,000 feet that goes through a window of
choice, all of that has contributed.
On top of that, it was interesting to note that the gentleman in
charge of all of the British troops, Air Marshall Brian Burrage, gave
tribute to the plans that came out of the American war colleges through
this whole effort in Iraq. He said that the plans that were fulfilled
in the Iraqi campaign will be studied in war colleges for decades to
come.
The last reason we did so well and as a result of a lot of work in
the Committee on Armed Services going back a number of years was the
jointness that was apparently seamless between each of the services.
All of that came about as a result of the work that we did on the
Committee on Armed Services.
This bill, Mr. Chairman, is a good bill. As the chairman has noted,
it does a lot of good things for the troops: the 4.1 percent average
pay raise, the family housing, the medical care, all of this combined
together does a great deal. The research and development that grows
into future systems. The procurement of the weapons systems and
ammunition that we provide for and authorize is so very important. The
O&M, Operation and Maintenance, which allows not just keeping the
lights on but allows for extensive training, whether it be at Fort
Irwin or whether it be on a ship or on an airplane.
All of this is so very important to the uniformed services. We are
very proud of them, every one of them. We salute them on their recent
victory.
We are, as you know, compelled to remind ourselves sadly that we are
in a war against terrorism and there will be great burden on the
military forces as we proceed with this war against those terrorists of
which we have learned so much.
But I must say, Mr. Chairman, that there are provisions in this bill
that I wish that the Committee on Rules had allowed full and fair
debate thereon. We still have one more rule to go, so I am hopeful that
the Committee on Rules will allow some of these amendments to be made
in order, such as the one involving Civil Service. I think it is very
important that we have a full and fair debate on that. Cooperative
threat reduction should be a very important issue that we should debate
here, among others. The base closing issue should be one that we should
at least have a debate on in this forum.
So with that exception, hoping that the Committee on Rules can
reverse itself and help us have a more complete debate probably
tomorrow as a result of the second rule that will be forthcoming from
the Committee on Rules, I certainly hope we can continue that
insistence.
{time} 1400
Overall, this is a good bill. Whether it is a young sailor on a ship
or whether it is a general directing an operation, all of them fare
well as a result of the work, and hard work by this committee.
Again, let me thank Chairman Hunter for his sincerity through all of
this.
Mr. Chairman, I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield such time as he may consume to the
gentleman from Pennsylvania (Mr. Weldon), the vice chairman of the
committee, who is chairman of the Subcommittee on Tactical Air and Land
Forces.
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Chairman, this bill is about
America's patriots. This bill is about America's heroes. From Kabul to
Baghdad, from Riyadh to Graznyy, our sons and
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daughters are in harm's way doing a fantastic job, and we applaud them
with this legislation.
But this bill is also about two other patriots. This bill is about
the gentleman from California (Mr. Hunter), and it is about the
gentleman from Missouri (Mr. Skelton), two great Americans, Mr.
Chairman, who brought us together; two great Americans who worked us
for 30 hours over 2 days in the most extensive markup that I have been
involved in in 17 years in this body. And while there were some issues
that were very tightly split, in the end only two Members out of 60
dissented. And as we have done in the past, we will work our will and
our way today to come up with a bill that we can be proud of.
But I want to pay tribute, especially to Duncan Hunter and Ike
Skelton for their leadership. They are both great Americans. They both
served their country in military combat. They both understand as much
as anyone else in this body what this bill is all about. It is an honor
and a privilege for me to serve with both of them. And I know my
colleagues on the Committee on Armed Services and in this body
understand and appreciated the leadership of both of these outstanding
individuals.
So this bill is about their leadership in helping us mold a bill that
will provide the support for our patriots. In our subcommittee, the
Subcommittee on Tactical Air and Land Forces, we increased funding,
with the help of our two patriotic leaders, by almost $2 billion. And
where do we put that money? We put $600 million of it into additional
authorization for M1 tanks and Bradley Fighting Vehicles, because they
did so well in the recent battles in Iraq. We put $200 million of extra
money to maintain our ammunition industrial base, vitally important for
our capabilities for the future.
On the F-22 program, we kept the authorized amount at the level
requested by the Air Force and DOD; but we performed our legitimate
role of oversight, and we said to the contractors in the Air Force, you
are not making enough progress on the software for this vital aircraft;
and until you do, we are going to fence a portion of this money.
Because as stewards for the taxpayers, we must make sure that the money
we spend is, in fact, spent in the most cost-effective way possible.
Mr. Chairman, we also put $1.7 billion in the legislation for the
Future Combat System in transition of our Army, and we provided
multiyear procurement for the E-2C and the F-18, as well as the C-130J.
Mr. Chairman, this bill will not be perfect to each one of us
individually; but collectively, as we come together as 60 Members of
the committee and 435 Members of the House, it is a bill that we all
can support, a bill that would do what needs to be done to support
those brave patriots who are today serving our Nation.
In addition, on some of the more contentious issues involving
cooperative threat reduction and involving nuclear policy, the chairman
and the ranking member have worked with us to craft some important
additions in this bill. We, in fact, include in the bill the
requirement of establishing a Strategic Nuclear Commission to look at
what our nuclear posture should be over the next 20 years in a
bipartisan approach. We have included language to find compromises on
the way that we assist the former Soviet states in taking apart their
weapons of mass destruction.
So, Mr. Chairman, I have no problem in supporting this legislation.
There will be some amendments that will be offered that will be helping
to perfect it even more. And in closing, besides thanking our two
patriots, I want to thank my good friend and colleague, the gentleman
from Hawaii (Mr. Abercrombie). He is the ranking member of our
subcommittee. He is an outstanding American. He has been involved in
every aspect of the development of this portion of our bill. He is a
quiet man, who never speaks his mind; but all of us love him because,
in the end, we know that he means well by those soldiers, sailors,
Marines, and corpsmen who this bill is written to support.
Mr. Chairman, I thank our colleagues and urge a ``yes'' vote on the
bill and again thank our two leaders for their great work.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Mississippi (Mr. Taylor), the ranking member on the Subcommittee on
Projection Forces.
Mr. TAYLOR of Mississippi. Mr. Chairman, I regret that my Republican
colleague, the gentleman from Maryland (Mr. Bartlett), is not here, so
I hope I do not steal his thunder. From the Subcommittee on Projection
Forces, we have done a number of things for America's industrial base;
but, more importantly, we have done a lot of good things for the men
and women who serve our country. It is unconscionable to send them out
to sea in old ships, old helicopters, and old planes. So we do take
some steps to address those needs with this bill.
I regret that we really do not do enough. We are now down to a fleet
of about 300 ships. And at the rate we are going, we are on our way to
a fleet of 140 ships. Fleet age used to be about 30 years. We are now
down to keeping them for about 20, and we are only putting 7 in the
budget. So quick math tells you if you are going to build 7 ships a
year, and only keep them for 20 years, you are down to a 140-ship
fleet. I hope we can turn that around. We have not had much help from
this administration. Quite frankly, we did not have much help from the
previous administration. And I do think a navy is important for force
projection, so I do think the Congress needs to pay more attention to
that.
We authorized three DDG-51s, one LPD-17 advanced funding, two T-AKE
ships, one Virginia-class submarine, which will be purchased with
multiyear funds. The idea being that things are so expensive, things
that take 4 or 5 years to build, we can go ahead and pay for them in
four or five installments rather than one. Two SSBN to SSGN
conversions. One LHD-8. $35 million for the Littoral Combat Ship, our
next generation of small ships to operate in the Littoral zones around
the world. One LCAC SLEP Program, Service Life Extension Program.
Additionally, we have authorized the money to replace about 333
Tomahawk missiles that were used up in the course of the most recent
war, and about a $40 million increase to the production line so that
they can be built quicker than they would have been. One C-17 for
airlift, $229 million for aerial refueling, which gives the Pentagon
the option to either purchase or lease those planes that we need. Long-
range bombers. We add about $100 million for the next generation of the
manned bomber, and we will see to it that a number of B-2s will be kept
in the inventory that would have been expired.
So, again, we are not doing everything that I think any of us would
like to do; and, quite frankly, I very much regret the Committee on
Rules not allowing an amendment to be put on the floor so that every
Member of this body could vote whether or not we are going to have
another round of base closures. I think it is a particularly bad idea
and a particularly bad idea when our Nation is at war.
I very much regret that the democratic process will not be given an
opportunity to express itself. I hope the Committee on Rules will
change their mind between now and tomorrow.
The CHAIRMAN. Does the gentleman from New Jersey (Mr. Saxton) request
unanimous consent to control the time on behalf of Chairman Hunter?
Mr. SAXTON. I do, Mr. Chairman.
The CHAIRMAN. Without objection, the gentleman from New Jersey (Mr.
Saxton) is recognized.
There was no objection.
Mr. SAXTON. Mr. Chairman, I yield such time as he may consume to the
gentleman from Colorado (Mr. Hefley). This year, for the first time in
the new subcommittee laydown, the chairman and the committee members
decided to combine the Subcommittee on Readiness and the Subcommittee
on Military Construction as part of the new configuration. The
gentleman from Colorado (Mr. Hefley) has a committee report on this new
subcommittee.
Mr. HEFLEY. Mr. Chairman, I thank the gentleman for yielding me this
time, and I rise today in strong support of H.R. 1588, the National
Defense Authorization Act for fiscal year 2004.
We have all witnessed our military success in Afghanistan and Iraq
and in the rest of the world. These successes are a tribute to the
quality of our
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servicemembers as well as to the importance of realistic and frequent
military training. The act contains three environmental provisions that
will ensure the military's continued ability to train in realistic
scenarios without neglecting the military's commitment to be
responsible environmental stewards. The act amends the Endangered
Species Act, the Marine Mammal Protection Act, and reauthorizes the
Sikes Act. I will speak to these environmental provisions as we go on
during the course of the next few days when those subjects come up, but
I think these are very important provisions.
H.R. 1588 also recognizes that the military services will face real
challenges as personnel and equipment return home from the war. The
level of effort necessary to resurge this equipment at our maintenance
depots will be extraordinary. So the act recognizes this and adds
funding to the key readiness depot accounts in order to take care of
this problem. This act recommends an additional $680 million for active
and reserve depot maintenance, an unprecedented but vital funding
increase.
I am disappointed the military services have allowed funding to slip
to an unacceptably low level during these times, and I hope the
military services take advantage of the circumstances that have allowed
the committee to add such a large increase and urge the Department to
avoid getting itself into this situation in the future where such large
increases from Congress are necessary.
This act also provides an additional $180 million for maintenance-
related repair parts or flying hour spares to support readiness
missions. This act also takes the unprecedented step of funding every
unfunded requirement identified by the commandant of the United States
Marine Corps.
In addition to readiness issues, I would like to address the Military
Construction and Base Realignment and Closure, the BRAC, process. Once
again, the Department's budget request for military construction and
family housing fell far short of meeting the services' needs. To
address some of the greatest readiness and quality-of-life shortfalls,
H.R. 15888 includes $9.8 million in military construction and family
housing, which is a real increase to the President's budget of more
than $400 million.
H.R. 1588 also includes a number of commonsense improvements to
existing base closure laws. First, H.R. 1588 establishes a force
structure floor. U.S. forces are already under severe strain, and this
provision would prevent further cuts that could further damage military
readiness.
Second, the bill requires that the 2005 BRAC round result in a basing
plan that is capable of supporting the base force, a modest but capable
level of forces that was crafted immediately following the Cold War. In
creating the basing plan, DOD would be required to assume a worst-case
scenario in which no U.S. forces could be permanently stationed outside
the United States. The act uses the base force, a slightly larger force
than we have today, as the force baseline because it represents the
level to which we might reasonably expect the United States military to
surge to meet a future crisis or to change or a change in threats
facing our Nation.
Finally, H.R. 1588 requires the Secretary of Defense to establish an
``early off'' list of military installations that are critical to our
national defense. This list would include at least one-half of all U.S.
installations and would spare many communities the worry and cost
associated with the BRAC process by allowing their early removal from
the list of facilities that the BRAC Commission may consider for
closure. In other words, there are some bases that absolutely the
Defense Department cannot do without. They know it. They know what
these bases are. They know they are not going to be on the closure. For
pity sake, get them off the list and spare these communities. And this
amendment would do that.
H.R. 1588 will make real improvements in U.S. military readiness and
ensure the continued strength of U.S. Armed Forces for years to come,
and I urge my colleagues to join me in supporting this act.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Massachusetts (Mr. Meehan), the ranking member of the Subcommittee on
Terrorism, Unconventional Threats and Capabilities.
Mr. MEEHAN. Mr. Chairman, I thank the ranking member, the gentleman
from Missouri (Mr. Skelton), for yielding the time.
Mr. Chairman, I rise to speak on the Department of Defense
authorization bill, and let me first of all say that I am concerned the
technical corrections amendment aims to rewrite the Endangered Species
Act and the Marine Mammal Protection Act, two critical environmental
laws.
{time} 1415
The House Committee on Armed Services marked this bill up in a
session that lasted over 24 hours. We debated issue after issue, and we
raised serious concerns about the Department's efforts to effectively
eliminate the Civil Service system and to gut important environmental
protections. While the debate certainly was contentious, it was an open
debate.
Today we are faced with a much different scenario. Amendments to
restore Civil Service protections and protect the environment were not
made in order. A rewrite of major environmental laws was included in
the manager's amendment. I did not get an opportunity to speak on the
rule, but I believe strongly that the rule that was passed by this
House makes a mockery of the deliberative process.
As the ranking member of the Subcommittee on Terrorism,
Unconventional Threats and Capabilities, I believe the committee's
work, the legislative product before us, is on the whole a solid
proposal. At a time when our Nation's military is being called upon to
make greater than normal sacrifices, this bill in my estimation
represents a step in the right direction, for I have seen firsthand an
example of this personal sacrifice in traveling around the world to
Afghanistan and other places.
I recognize the importance of providing a truly bipartisan
authorization package in order to maintain a second-to-none military.
Towards this end, the Subcommittee on Terrorism, Unconventional Threats
and Capabilities authorized increased spending on DARPA, chemical and
biological defense measures, and at the Special Operations Command. I
applaud the gentleman from New Jersey (Mr. Saxton) for his leadership
for the ultimate approval of these issues.
That said, I would like to address a few less-than-impressive
measures contained in the portion of the bill that pertains to the
Subcommittee on Terrorism, Unconventional Threats and Capabilities. For
starters, this bill reduces funding for information technology or IT
programs by as much as $2 billion to fund in some cases initiatives
perhaps more suited for the conflict of yesterday rather than those of
tomorrow.
I am particularly concerned about the nature of the proposed cut to
the Navy-Marine Corps Internet. In my mind, the depth and breadth of
the IT cuts represents a stunning recommendation, given that our
military's complete transition into the information age is well under
way.
Mr. Chairman, I sincerely hope that as this legislation moves forward
that much work can be done in the conference committee, because, as of
today, I believe this bill is a flawed bill, and I hope that we are
open to operating, as we move further, in working with the conference
committee to correct these flaws.
Mr. SAXTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in strong support of H.R. 1588, the National
Defense Authorization Act for Fiscal Year 2004.
Last week, the Committee on Armed Services approved this bill by a
vote of 58-2, continuing the committee's tradition of bipartisanship in
addressing the defense needs of this Nation. The bill contains several
initiatives that will aid the armed services and the Federal Government
as a whole in the ongoing war against terrorism and contains several
promising provisions which will help to transform the military services
into the condition in which they need to be for the future.
I have the honor of chairing the first standing committee in this
House devoted exclusively to defending from the terrorist threat, the
Subcommittee on
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Terrorism, Unconventional Threats and Capabilities. As many in this
body know, I worked for many years toward the establishment of such a
subcommittee, and I thank the gentleman from California (Mr. Hunter)
for his wisdom in bringing this idea to fruition.
I believe our subcommittee has already proven its worth, and we plan
to do much more in the weeks and months to come.
The subcommittee's ranking member, the gentleman from Massachusetts
(Mr. Meehan), and I have worked hard together to explore a multitude of
ways to provide the Department of Defense with the capability to defeat
and defend against terrorists at home as well as abroad.
I will be the first to acknowledge that we are off to a good start,
but we have a long, long way to go before we are satisfied that we on
this committee and in the Congress have done all we can to protect our
country against the scourge of terrorism. There are many areas to
address and so many good ideas abound that in some ways it is difficult
to know where to concentrate our efforts. However, several enduring
themes have appeared since the establishment of our subcommittee, all
of which are addressed in some measure in this bill.
For example, we learned that the best way to fight terrorism is to
keep terrorists as far from our shores as possible. I believe the
Special Operations Command is our best weapon for this mission. This
bill bolsters the bill's capabilities in several areas.
Let me just say this about the Special Operations Command. The
defense of our country in the new war on terrorism is a many-fold type
of defense, but for the purposes of this conversation, let me just
separate it into two parts. The area of homeland security is important;
and, to that end, this Congress and our government have established a
new Department on Homeland Security. It is important. It works here
within and close to the borders of the United States to put in place
defensive measures as well as measures that will help us react properly
should a terrorist attack occur.
The second part, and perhaps at least from my point of view an
equally important part of the task, is the offensive and defensive
capabilities offered to us through the Special Operations Command. In
both Afghanistan and Iraq, an immense part of the effort went largely
unnoticed by the American public. We embedded reporters, hundreds of
them, within the ranks of our troops, and each day on television we
could watch as we progressed in the desert.
A lady back home said, why did the American Department of Defense
decide to put the Special Operations Command on television? I said,
ma'am, we did not. You did not see what they did. But suffice it to say
in this conversation, they were an extremely effective force that did a
great deal. They are made up of Navy Seals, Army Rangers, Green Berets.
There is an Air Force unit located at its permanent base here in
Herbert Field in Texas, and we are standing up new Marine units to act
in concert with the Special Forces groups.
This year we believe that they are so important that we are
increasing the funding allotted for Special Forces by 33 percent, from
about $4.3 billion to about $6 billion. This is important, and we
recognize the wonderful job they have done. I will not go on to
describe their methods of operation and the kinds of things that they
do because it would in some ways perhaps inhibit their capabilities,
but suffice it to say they are extremely important to today's war on
terrorism.
In addition to the groups that I listed, there are some folks that do
some other special kinds of jobs that are also in the Special Forces.
Civil operations, for example. During a fight, is it important to try
to bring along the people, the population within whom our Special
Forces are working? Of course it is. We have civil operations units to
do that. We also have communicators known as psychological operators
who are part of the Special Forces, and they do a wonderful job in
communicating messages to the people in the theater of operation.
Last week I had an opportunity to go to Walter Reed Hospital and
visit some of our wounded soldiers. There were some special operators
who had been wounded as well. They are great people, and to the person
when I asked them what it is that they would wish most about their
future, they said I would like to get out of this bed and go back to my
unit. They are great people, and my hat is off to them for the great
job they do under the leadership that we have provided them.
There are also emerging issues involving the role of the National
Guard. We are working on these questions with the new Assistant
Secretary of Defense for Homeland Defense and will involve the
Department of Homeland Security and the National Guard in the
resolution of these matters.
There is need for more and better and cheaper chemical and biological
detectors and countermeasures of various sorts. To meet this need, we
have established a chemical and biological initiative fund to allow
promising ideas to compete for funding.
Mr. Chairman, I could go on for a long time and talk about the
activities of the subcommittee and the things that we oversee. The
gentleman from Massachusetts (Mr. Meehan) mentioned information
technology which is critical. We are trying to get our arms around
that.
I strongly encourage all Members to support H.R. 1588. This is an
excellent bill that should receive the overwhelming support of this
body.
Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. Ortiz), the ranking member of the Subcommittee on Readiness.
(Mr. ORTIZ asked and was given permission to revise and extend his
remarks.)
Mr. ORTIZ. Mr. Chairman, I rise in support of H.R. 1588, the National
Defense Authorization Act for Fiscal Year 2004.
I want to specifically address the provisions of the act relating to
military readiness.
First, I thank my colleagues on the subcommittee and the full
committee for the manner in which they participated in the business of
the subcommittee this session.
I also want to express my appreciation to the gentleman from Colorado
(Mr. Hefley) for his leadership and example in developing the readiness
portion of the fiscal year 2004 National Defense Authorization Act. We
were on an accelerated pace this session, and there were many issues
that we were unable to address.
Additionally, this authorization act is based on a peacetime bill
request from the administration that did not address many of the known
reconstitution or post-conflict requirements. Our dedicated military
and civilian personnel continue to do their part in protecting the
security of this great Nation. We are obligated to do our part.
Mr. Chairman, while I am concerned that this act does not provide all
that I would like to see in the direct readiness accounts, I am more
distressed over the process.
First, there were issues that should have been addressed in the
Subcommittee on Readiness that were presented during the full committee
mark. I speak especially about the environmental provisions and the
civilian personnel provisions that were inserted in the chairman's
mark. Most troubling to me are the broad changes dismantling the
safeguards in the civilian personnel system. Many of the changes are
based on the homeland security model that has not been implemented yet.
This bill would extend these experimental rollbacks to the more than
700,000 Department of Defense civilian employees who performed
tremendously during Operation Enduring Freedom and Operation Iraqi
Freedom, a performance that we acknowledge.
There is no doubt in my mind that additional changes are needed to
the civilian personnel management system, but that does not include
wholesale removal of safeguards that ensure access and fair treatment
for those dedicated civilian personnel who, like their military
colleagues, also serve.
Second, for the first time in my long tenure here in the House and on
the Committee on Armed Services, I am concerned about the partisan
nature of the committee and its deliberations during the mark. We have
debated many contentious issues in the past, and I see no reason why I
should believe that the future will be different,
[[Page H4407]]
but I trust that in the future we will remember that the legislative
process is a consultative process in which compromise among the parties
is key to crafting some policy that would have a lasting effect and
that it can only take place in an environment where mutual respect and
bipartisanship is the norm.
Mr. Chairman, I support this act and will vote for it. On balance, it
is not a bad start. It contains a lot of things that I am convinced are
needed to permit the Department of Defense to perform its national
security mission, but I do not want us to forget that significant work
still needs to be done.
I urge Members to support this bill.
{time} 1430
Mr. SAXTON. Mr. Chairman, I yield such time as he may consume to the
gentleman from Alabama (Mr. Everett), chairman of the Subcommittee on
Strategic Forces.
(Mr. EVERETT asked and was given permission to revise and extend his
remarks.)
Mr. EVERETT. Mr. Chairman, the bill reported out by the committee
supports the administration's objectives while making significant
improvements to the budget request. The recent conflict in Iraq
dramatically demonstrated the effectiveness of emerging military
technologies and at the same time validated the requirement to sustain
and upgrade the Legacy Force. The committee's report strikes a balance
between future investments and near-term priorities.
In the area of missile defense, the committee's bipartisan
recommendation provides the full $9.1 billion requested by the
administration, but shifts $282 million from longer-term and less well-
defined objectives to nearer-term priorities, particularly in the area
of theater missile defense. Notably, it provides $20 million for
improved Patriot IFF, identification, friend or foe, to address
friendly fire incidents in Iraq. It also supports the President's
program to achieve an initial defensive operational capability in
fiscal year 2004 by expanding the Pacific missile defense test bed.
In the area of military space, the committee's recommendation
accelerates the next generation of satellite communications and
navigation capabilities which have so recently allowed our military
forces to act with unprecedented speed and precision. It also provides
additional funds for operationally responsive space launch to shorten
launch preparation times from months and years to days and weeks. Given
the increasing importance of space to both the United States and
potential adversaries, the committee recommends increased funding for
space surveillance activities. The committee's recommendation provides
for the sustainment and life extension of our strategic nuclear
deterrent, which will remain a cornerstone of our national security
posture for years to come.
It provides the funds necessary to ensure the Nation's enduring
stockpile remains safe and reliable even as the weapons in that
stockpile age well beyond their designed service lives. The committee's
recommendation also funds at the budget request several programs of
special interest. Specifically, this includes the robust nuclear Earth
penetrator, the advanced concepts initiative, and the enhanced test
readiness program. The report also contains a provision that would
repeal the prohibition on low yield nuclear weapons research. These
actions will allow the defense nuclear complex to better respond to new
and future military requirements.
To quickly shift gears to an issue close to my heart, I am pleased to
say that the committee was able to include an additional $147 million
for Army aviation training to fully fund the Army's Flight School XXI
program. Flight School XXI incorporates a new training syllabus derived
from lessons learned from Kosovo's Task Force Hawk. Aviation students
were being sent to operational units undertrained. To address this
dilemma, Flight School XXI provides students with more flying hours in
their ``go to war'' aircraft and calls for greater utilization of
modern, state-of-the-art training simulators. Improved pilot and crew
training is needed, and I firmly believe that Flight School XXI will
better prepare Army aviators for real-world flying situations.
I would also like to pay tribute to my ranking member, the gentleman
from Texas (Mr. Reyes), for the great work he has done on these complex
issues and to both the majority and the minority staffs for their long
hours and hard work they put in on the issues before the subcommittee.
Mr. Chairman, the committee's recommendation addresses administration
objectives, Defense Department unfunded requirements, and Member
priorities. I urge my colleagues to support this important legislation.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. Reyes), the ranking member of the Subcommittee on Strategic
Forces.
Mr. REYES. Mr. Chairman, I thank the gentleman for yielding me this
time. I am proud to be here to rise in strong support of the National
Defense Authorization Act. In doing so, I would like to thank the
gentleman from California (Mr. Hunter), the gentleman from Missouri
(Mr. Skelton), and in particular the gentleman from Alabama (Mr.
Everett), chairman of the Subcommittee on Strategic Forces, and both
staffs for their hard work and the great work they have done in order
to report out of our subcommittee to the committee on issues that at
times can be very contentious for all of us.
While I am concerned that this bill contains a few very dangerous
provisions, especially related to civil service reform, I believe that
this bill makes strides to help our men and women in uniform. This bill
allows for an average pay raise of 4.1 percent for all personnel,
reduces out-of-pocket expenses for housing, and eases the financial
burdens when reservists are mobilized.
Mr. Chairman, I had the privilege of accompanying Chairman David
Hobson and four other Members of Congress on a visit two weekends ago
to the Middle East where we received briefings in Kuwait and Bahrain
and Baghdad. I notice in the gallery we have got represented here
members of all of our armed services who are watching with great
interest the things that we do and the things that we say about this
defense authorization bill here. I would like to share with you and
with them in particular some of the comments that I heard from our men
and women in uniform on that recent trip two weekends ago.
They were particularly proud of the job that they had done in winning
this war in record time, with minimum losses; but they were not happy
because they were asked to transition from war fighters to
peacekeepers. That is one of the areas where I think we have a lot of
work to do, Mr. Chairman, in terms of making sure that we are mindful
of the role that our men and women in uniform play in terms of
transitioning them from having just fought and won a war to the role of
peacekeeper. Several times they made mention to me that they were happy
to be involved in combat for this country, but they felt that their
role as peacekeepers should be best done by somebody else. They
mentioned the United Nations and other alternatives. They felt that
being warriors they were not suited to become traffic cops immediately
after a conflict. They did not have an interest in being city guards or
maintainers of infrastructure or any of those kinds of things. Frankly,
those are the kinds of issues that I hope as members of this committee
and Members of Congress, we do a better job at doing this.
In conclusion, Mr. Chairman, these are the same men and women in
uniform that later on in this authorization we are going to be talking
about an amendment that would conceivably put them on the border as
peacekeepers or law enforcement personnel. I hope that every Member of
Congress remembers that these men and women have done us proud. Let us
do them proud by keeping them focused on their role.
Announcement by the Chairman
The CHAIRMAN. The Chair would remind Members to refrain from
referencing occupants of the gallery.
Mr. SAXTON. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Calvert), whose congressional district includes Camp
Pendleton.
Mr. CALVERT. Mr. Chairman, I rise in strong support of H.R. 1588. As
we have done in our recent successes with our fine troops, sailors,
Marines, airmen, they have done a fantastic job. The reason they have
done such a great job, Mr. Chairman, is because their success is
dependent upon training.
[[Page H4408]]
The motto is ``train as you fight.'' I want to congratulate all of our
people at all our military bases of the fine job that they do at
managing those bases in spite of difficulties of increasing
bureaucracies and restrictions to provide such training. In spite of
that, they have done as good a job as they can. Not only have they
succeeded in providing that training, but they have done a wonderful
job in conserving our natural heritage.
In my own home State of California, Camp Pendleton, I cannot think of
an area that has done a better job in preserving the heritage of
Southern California. You can go down Highway 5 and look upon Camp
Pendleton, a part of California that you do not see today. As a matter
of fact, they have done such a fine job, the old motto goes, the other
motto, ``no good deed goes unpunished,'' that many people try to
restrict our Marines in training the way they fight. Right now of the
many miles of beach front along Camp Pendleton, I believe it is close
to 40 miles, only 500 yards can be used for training along that beach
front. We have to make believe that there are foxholes there. We have
to put these young Marines in buses and ship them to another location.
They cannot train as they fight. We want to do just some modest
modifications in this legislation which would allow our military, as I
said, to train as they fight.
This is the right thing to do, Mr. Chairman. This is a good bill.
This is going to provide the kind of training that those young men and
women deserve. I would urge everyone to support this legislation.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Illinois (Mr. Evans), a member of the Committee on Armed Services.
Mr. EVANS. Mr. Chairman, this legislation is vital to continuing our
military readiness to further the war on terrorism and provide for the
defense of our homeland. This bill also gives our troops and their
commanders the tools necessary for the 21st century warfighting.
Further, this legislation strengthens our Armed Forces, which so aptly
demonstrated their effectiveness and survivability in Iraq.
I was pleased to hear the previous speaker talk about Camp Pendleton.
I am a former Marine. Camp Pendleton is important to the Marine Corps,
and it is a key base that we have had for many, many years. I believe
that even a modest increase in funding can help it immensely.
I urge my colleagues to support these efforts to help our Nation
remain strong and free. I salute Chairman Hunter and ranking member
Skelton and their staffs for their hard work on this legislation.
Mr. BARTLETT of Maryland. Mr. Chairman, I ask unanimous consent to
manage the time of the chairman of the Committee on Armed Services.
The CHAIRMAN. Is there objection to the request of the gentleman from
Maryland?
There was no objection.
Mr. BARTLETT of Maryland. Mr. Chairman, I yield such time as he may
consume to the gentleman from California (Mr. McKeon).
Mr. McKEON. Mr. Chairman, I rise today in strong support of H.R.
1588, the National Defense Authorization Act for Fiscal Year 2004.
First and foremost, I would like to thank our troops, the troops of the
United States Armed Forces, for their sacrifices and their outstanding
work in Operation Iraqi Freedom, as well as in our ongoing fight in our
war against terror. I also commend our Commander in Chief, President
George W. Bush, for his leadership during recent operations, as well as
in the rebuilding of a free Iraqi nation. I recognize Secretary of
Defense Donald Rumsfeld for managing along with his team including
Chairman of the Joint Chiefs General Ryan and Field Commander General
Tommy Franks for managing our troops in a very successful military
campaign and also Secretary Rumsfeld for his vision for the
transformation of the U.S. military into a more powerful and more
efficient military force. Finally, I express deep respect for my
friend, House Armed Services Committee Chairman Duncan Hunter, for his
leadership in bringing this authorization bill to the floor. I
appreciate his respect and his responsiveness to all of the members of
the committee, along with our ranking member and his sidekick Ike
Skelton.
Mr. Chairman, the bill before us balances the need to address today's
national security threats while preparing for tomorrow's challenges. It
implements lessons learned from recent conflicts and addresses ongoing
concerns by appropriately increasing funding for critical capabilities
such as heavy armor, precision guided munitions, deep strike
capability, airlift, and missile defense. H.R. 1588 incorporates needed
policy, personnel, and procedural reforms at the Department of Defense,
including modernizing the Department of Defense management system,
which is imperative to national security and the retention and
recruitment of civilian personnel.
Also, the bill addresses environmental concerns. While we must be
responsible stewards of our environment, it is troubling when military
officers return from operations and report that their ability to train
for operations is far from ideal due to environmental issues affecting
their mission profile. This legislation authorizes approximately $4
billion for environmental protection and cleanup programs while
recommending a responsible set of initiatives intended to restore the
balance between protecting the environment and military readiness.
Additionally, H.R. 1588 authorizes better pay and benefits for U.S.
servicemembers by providing a 4.1 percent pay raise as well as an
additional increase of allowances to cover the 96.5 percent of all
housing costs. Finally, Mr. Chairman, the fiscal year DOD authorization
bill is a courageous undertaking that strikes an appropriate balance
between modernizing our existing forces and investing in next-
generation capabilities that will empower the U.S. military and
strengthen our national security. I strongly urge adoption of this
legislation.
{time} 1445
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Arkansas (Mr. Snyder), the ranking member on the Subcommittee on Total
Force.
Mr. SNYDER. Mr. Chairman, I want to acknowledge the presence of our
pages here today. I have a page from my district, Maggie Hobson, and
their last day is June 6. So over the next couple of weeks if the
Members have not said hello to them and thanked them, this would be a
great time to do it.
I want to thank the gentleman from New York (Mr. McHugh), our
subcommittee chairman, for his leadership in defense issues. It has
been a pleasure working with him and other members of the Subcommittee
on Total Force. I also want to thank the gentleman from California
(Chairman Hunter) and the gentleman from Missouri (Mr. Skelton),
ranking member, for their continued leadership.
While I support and hope to support H.R. 1588 in its final form, the
National Defense Authorization Act for Fiscal Year 2004, I am very
disappointed in the manner in which this bill was brought to the floor.
We have had many contentious issues come before the Congress on defense
over the years, but we have usually approached these in a deliberate
and thoughtful process which allowed for the consideration of many
different viewpoints both for and against, helping develop a sound and
thoughtful final product.
But the committee broke with that tradition this year and included
provisions that made wholesale changes to current systems without
benefit of thorough hearings or in-depth analysis of the information
and proposals that were provided by the Department of Defense.
Unfortunately, the decision to proceed on this path has distracted from
the numerous very good provisions that were included that improved the
quality of life for our military personnel, retirees, and their
families: an average 4.1 percent pay raise, a reduction in out-of-
pocket housing expenses, equity in certain reserve hazard pays, and
improvements to the military healthcare system.
Mr. Chairman, there are items in this bill that are excellent, but
there are also items in this bill that should have had greater thought
and reflection. I hope that we will continue our efforts to improve and
strengthen this bill on the floor over the next 2 days. We are all
proud of our men and women and their service to our country. Surely we
can produce a defense authorization bill that all of us, Americans all,
[[Page H4409]]
Democrats and Republicans, can be proud of.
The gentleman from California (Mr. Hunter) in his opening statement
talked about the professionalism of our military and how well they
performed in Iraq, and I concur in his assessment, and he also said it
is now our turn. But it is also our turn to work together, Americans
all, on this product; and that has not occurred. I also hope after the
conclusion of this bill that we will do a very good job of providing
oversight in Iraq and Afghanistan because we must succeed in the peace
in those two countries.
Mr. SKELTON. Mr. Chairman, may I inquire about the time remaining on
each side, please.
The CHAIRMAN. The gentleman from Missouri (Mr. Skelton) has 40
minutes remaining. The gentleman from Maryland (Mr. Bartlett) has 27
minutes remaining.
Mr. BARTLETT of Maryland. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, before proceeding, as chairman of the Subcommittee on
Projection Forces, I believe it appropriate to first highlight the
magnificent service rendered the Nation by the men and women serving in
our Armed Forces all around the world. We have called upon them and
continue to call upon them to be ready to make the ultimate sacrifice
in their service to our Nation. They continue to meet every challenge
with true dedication and commitment. We thank all of them for their
service, and we thank all Americans for their steadfast support of our
servicemen and women.
History has taught us that we achieve peace through strength. It is
not easy to quickly grasp and apply the lessons from the ongoing war on
terrorism and Operation Iraqi Freedom. The National Defense
Authorization Act for Fiscal Year 2004 takes important steps to make
our country more secure. It does so by strengthening our military's
ability to project the force our Nation requires at almost a moment's
notice anywhere in the world by sea and by air.
I am pleased to report that the National Defense Authorization Act
for Fiscal Year 2004 increases the requested authorization for
Department of Defense programs within the jurisdiction of the
Subcommittee on Projection Forces by $1.8 billion to nearly $30
billion. Nearly $400 million of the additional authorization is for
programs on the military service chiefs' unfunded requirements list.
Authorization is included for the administration's request of one
Virginia class submarine, three DDG-51 destroyers, one LPD-17
amphibious assault ship, and two cargo and ammunition ships.
We have also taken several initiatives to begin to address shortfalls
in important requirements of the Department of Defense. All of these
programs are viewed as critical enablers in conducting operations of
the type we have just concluded in Iraq. These programs include one
additional C-17 aircraft for $182 million; an additional $20 million to
sustain a force structure of 83 B-1's, 23 aircraft above the level
planned; an airborne tanker initiative of $229 million that would give
the Air Force the flexibility of retaining KC-135E aircraft, meeting
unfunded requirements for depot maintenance for tanker aircraft, and/or
preparing to, procure or lease KC-767 airborne tanker aircraft; an
additional $376 million for Tomahawk missiles to increase our
production capacity and procure missiles to meet the long-term
inventory goal of the Navy; an additional $178 million for the
Affordable Weapon, a relatively low-cost cruise missile; and an
additional $100 million bomber R&D initiative for the next generation,
follow-on stealth, deep strike bomber.
In addition, the recommended mark includes several important
legislative proposals: first, a multiyear procurement authorization for
Tomahawk missiles and Virginia class submarines; second, a limitation
on C-5A aircraft retirement until a reliability and reengineering
program completes testing and the results of which are reported to
Congress; third, an electromagnetic gun initiative; fourth, a
requirement that the Center for Naval Analysis initiate several
independently conducted studies on potential future fleet architectures
for the Navy; and, fifth, a transfer of authorization to advance
procurement for LPD-17 should Congress enact appropriations for
Tomahawk missiles for fiscal year 2003.
In conclusion, I would like to thank all of the members of the
Subcommittee on Projection Forces and in particular the gentleman from
Mississippi (Mr. Taylor), my very good friend. Every member of the
subcommittee was diligent in their commitment and support to achieve
the mission of strengthening our military. I would also like to thank
the gentleman from California (Chairman Hunter) for his leadership and
the gentleman from Missouri (Mr. Skelton), our ranking member. I thank
them both. I would particularly like to thank the staff and
particularly the staff director, Doug Roach. When one is a Member, one
appreciates the staff. When one is a chairman, one really appreciates
the staff. I thank them very much.
The National Defense Authorization Act for Fiscal Year 2004 is the
product of a strong and cooperative bipartisan effort. I urge all of my
colleagues to support the bill.
Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from
Connecticut (Mr. Larson), who is not only a member of the Committee on
Armed Services but is the ranking member of the Committee on House
Administration.
Mr. LARSON of Connecticut. Mr. Chairman, I thank the gentleman from
Missouri (Mr. Skelton) for yielding me this time.
I applaud the efforts of the gentleman from Missouri, who has
distinguished himself on this committee, along with the gentleman from
California (Chairman Hunter). I do rise, however, with strong
reservation, as was already noted earlier today, about the
environmental concerns, an issue with the Spratt amendment on
cooperative threat reduction. Only recently on PBS we saw the
documentary on avoiding Armageddon, and clearly we need that amendment
to make sure that we are able to address this crucial and vital
national security interest.
But my main objection stems from denying more than 750,000 workers
their collective bargaining rights under civil service. The other body
saw fit not to provide that in their proposal. I hope that through the
rule or through discussion we are going to be able to alleviate that in
our proposal as these deliberations go forward. As the gentlewoman from
California (Ms. Pelosi), our leader, has often said, our troops deserve
a bill that is worthy of their sacrifice. It is my sincere hope that
through the continued efforts of these two fine gentlemen, both the
gentleman from Missouri (Mr. Skelton) and the gentleman from California
(Mr. Hunter), that allows us to be in a position in a bipartisan manner
to support this bill.
Mr. BARTLETT of Maryland. Mr. Chairman, I yield such time as he may
consume to the gentleman from Maryland (Mr. Gilchrest), my colleague
and very good friend, who is not on our committee but has a very
important contribution to make to this debate.
Mr. GILCHREST. Mr. Chairman, I rise in strong support of H.R. 1588
and urge my colleagues to vote for it. I also rise, if I may, in
support of all the young men and women who are serving in our Armed
Forces. I also want to say that the gentleman from California (Chairman
Hunter); the gentleman from Missouri (Mr. Skelton), ranking member; the
gentleman from New Jersey (Mr. Saxton); and certainly the gentleman
from Maryland (Mr. Bartlett) have brought a fine bill to the House
floor.
I want to speak briefly to the environmental provisions in the bill
here this afternoon. Some slightly unknown provision called the Sikes
Act has been in effect since 1960 and has provided a means for our
military to conserve fish and wildlife with the fish and wildlife
agencies on 25 million acres of military land across this country; and
for the most part they have done quite well, in some circumstances a
magnificent job. It has been on this floor today alleged that we are
going to change or degrade or reduce the effectiveness of the
Endangered Species Act. This is not true. There is a provision in this
bill that authorizes military facilities with cooperation of the Fish
and Wildlife Service, with National Marine Fishery Service, and the
fish and game agencies
[[Page H4410]]
of the States to create what is called a Natural Resource Management
plan, and what that Natural Resource Management plan does, it can or it
may replace ESA's critical habitat designation. This Integrated Natural
Resource Management plan is actually more effective than the critical
habitat as described in the Endangered Species Act because it is a
holistic approach, it is an ecosystem approach to those problems which
threaten an endangered species. It also integrates what the military
does with off-site private land. This is an integrated approach. It is
an approach that can be extremely effective and the criteria on which
these Integrated Natural Resource Management plans are based are very
specific criteria to ensure the protection and recovery of species. So
this legislation improves the Endangered Species Act.
It has also been said that it is going to reduce the effectiveness of
the Marine Mammal Protection Act under certain circumstances. This also
is not true, and I understand the disagreement as to the language when
one deals with what is harassing a marine mammal. What we have done
across the board is to hold many hearings with the Department of
Defense, with Fish and Wildlife, with the National Marine Fishery
Service, with university scientists from as far afield as Hawaii, where
we visited to look at marine mammals; Woodshole in Massachusetts, which
we visited again to look at the problems with marine mammals.
When we implemented the change of the definition, we had two things
in mind: the effectiveness of military training, which is critical; and
enhanced protection for marine mammals and an understanding of how we
as human beings coordinate our activities with the world's oceans. We
took into consideration noise. We took into consideration resonance,
decibels, variations in sonar. So in places in this legislation we are
improving the process of understanding human activity in the ocean by
protecting marine mammals and improving the quality of training for our
military. So we have improved ESA. We have improved the Marine Mammal
Protection Act. We have improved the Sikes Act provision which protects
conservation on 25 million acres of land, and we have improved
America's ability to train young people that go into harm's way. And I
urge support on H.R. 1588.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Rhode Island (Mr. Langevin), a member of the Committee on Armed
Services.
Mr. LANGEVIN. Mr. Chairman, I thank the gentleman for yielding me
this time.
As a member of the House Committee on Armed Services, I am very
pleased to speak in support of this bill before us. I wish to thank the
gentleman from California (Chairman Hunter) and the gentleman from
Missouri (Mr. Skelton), ranking member, for their outstanding
leadership in crafting a bill that will provide for our military and
the men and women who serve in it the resources they need to keep
America strong in the 21st century.
I am pleased with the provisions of the legislation, particularly
that demonstrate Congress's commitment to the role of submarines as an
essential part of a strong naval fleet. The authorization of multiyear
procurement for the Virginia class submarine will encourage more rapid
and cost-effective production of this important system and give the
United States Navy new capabilities to respond to future threats.
{time} 1500
The people of Rhode Island have historically played an integral role
in submarine production, and I am pleased that we will be a part of
this important aspect of military transformation.
I remain concerned, however, with several controversial provisions of
the measure that would undermine existing environmental and civil
service protections. The Department of Defense's legislation
recommendations delivered to Congress only shortly before the Committee
on Armed Services began its markup requested changes to make its
civilian employees more competitive and to enhance military readiness.
Well, if the DOD wants assistance in these areas, then I believe it is
our duty to work with them toward that important goal. However, their
unprecedented effort to alter employment rules for 700,000 workers
deserves no less than extensive and thoughtful discussion, which we,
unfortunately, did not have.
Furthermore, the broad environmental exemptions in the bill exceed
the needs of military readiness, and, unless amended, could pose a
serious threat to mammals and endangered species.
Mr. Chairman, I hope that we will be able to address these problems
during the upcoming amendment process so that all of my colleagues will
be able to support this measure without reservation.
Mr. BARTLETT of Maryland. Mr. Chairman, I reserve the balance of my
time.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Tennessee (Mr. Cooper), a member of the Committee on Armed Services.
Mr. COOPER. Mr. Chairman, I thank the chairman and the ranking member
of the Committee on Armed Services for their overall fine work on this
bill.
Due to the shortness of time, I would like to focus on one,
unfortunately, negative aspect of the bill. It starts on page 349.
I would urge all of my colleagues not on the committee to pay
particular attention to these sections, because they deal with the
750,000 Pentagon civilian employees, DOD employees, who are some of the
finest civil servants in our Nation's history.
Remember, these are the employees who were attacked viciously on
September 11, 2001, with the terrorist attack on the Pentagon. These
are the employees who have served so skillfully and with such hard work
and dedication that we honored them in our committee last week with a
resolution commending them for their actions.
This section of the bill is one of the most radical and risky reforms
undertaken in almost half a century; and, unfortunately, it is being
undertaken with very little real consideration. The first draft of
language was presented to Congress on April 29, just about 3 weeks ago.
We had one hurried hearing. There was no subcommittee markup of this
language; and no improving amendment was allowed in full committee,
despite the great length of the markup at full committee.
Members should be aware of the radical changes that are undertaken by
this language. I think we all in this House support our troops. I would
hope that we also support the civilian workers in DOD who are
supporting our troops every day.
What does this language do? Well, at best, it throws these careers
into great uncertainty, and, at worst, it could harm the morale and
throw them into a situation of favoritism and patronage.
We have an amendment that we are hoping the Committee on Rules will
allow us to offer. This amendment would establish a DOD Civilian
Employee Bill of Rights so that we could make it clear that we are in
favor of flexibility in management in the Pentagon, that we are in
favor of pay for performance, but we are also in favor of basic civil
rights for our DOD employees.
This amendment, for example, makes it clear in plain English, which
the text of the bill does not do, that employees at the Pentagon and
DOD should be free from favoritism or discrimination. We preserve the
veterans' preference. If veterans do not get preference as Pentagon
employees, where on Earth can they get it?
We require the Pentagon to bargain in good faith. That language is
nowhere in this bill. We preserve such things as hazardous duty and
overtime pay for these workers. Why were these protections explicitly
taken out of the language that is in this bill? We preserve the right
to collective bargaining, a fundamental American right.
So, Mr. Chairman, it is important that House Members pay attention,
and hopefully the Committee on Rules will allow our amendment to be
made in order so this can be a fairer bill.
Mr. BARTLETT of Maryland. Mr. Chairman, I yield such time as he may
consume to the gentleman from Ohio (Mr. Turner), an expert on civil
service regulations, from Dayton, Ohio, the home of a great military
base, Wright-Patterson, where there are a lot of civil servants.
[[Page H4411]]
Mr. TURNER of Ohio. Mr. Chairman, this bill is an important bill
because it provides an opportunity for true reformation of the
Department of Defense in its effort to go into the new century.
Certainly we have tremendous successes that we have seen through the
Department of Defense and our civilian employees and our men and women
in uniform. But the opportunity to always achieve more and to have
greater efficiencies is there before us.
What we are doing in this bill in the area of the civil service is
not something that is unknown or is speculative. It is based upon
demonstration projects throughout the country, where civil service
employees who have participated in it have found greater satisfaction,
greater pay based on performance, greater retention of those employees
who are contributing, a greater feeling that their work actually makes
a difference with respect to their success and certainly the overall
success of the Department of Defense.
There have been many things that have been said over the past debate
concerning this that are just absolutely not true. There have been
allegations that collective bargaining is not preserved in the bill,
but in fact the bill specifically references collective bargaining, and
on page 1118, lines 14 to 15 of the bill before the Committee on Armed
Services specifically set out language requiring collective bargaining.
Similarly, the civil rights provisions are specifically provided in
the bill, both by reference and by specific statement.
The allegations of nepotism are specifically not true. Section
9902(b)(3)(A) and (B) and also the incorporation of 5 USC 2302(b)(7)
specifically prohibit nepotism.
Within the area of political patronage allegations, the bill
specifically says that employees are protected against any actions
based upon political affiliation. This is language in the bill.
What is interesting as we listen to the debate, as we listen to
people that make allegations that say this bill is egregious in its
impact to employees of the Department of Defense, their allegations
really go to the extent that they would shock your conscience, if they
were true.
But they are not true, because, in fact, in the committee 58 to 2 was
the vote in the Committee on Armed Services, and the gentleman from
Tennessee voted for the bill that includes all of these provisions.
Certainly, if all of these things were true, the gentleman from
Tennessee and others would have found it in their conscience to try to
defend them. But the reality is they are specifically included in the
bill.
Veterans preferences are specifically identified and referenced in 5
U.S. 2302(b)(11). The Department of Defense has done a great job in
making certain our veterans have access to the Department of Defense as
part of the workforce.
The McHugh amendment in this provides for a grievance protection
system in the civil service system.
In short, this bill provides the opportunity for the Department of
Defense to look to the future, while protecting the rights of civil
servants and actually giving them opportunities in known demonstration
projects for greater achievement.
Mr. SKELTON. Mr. Chairman, I yield 30 seconds to the gentleman from
Tennessee (Mr. Cooper).
Mr. COOPER. Mr. Chairman, the gentleman, my friend from Ohio,
realizes that this bill is being rammed through Congress with an
absolute minimum of discussion. The protections that the gentleman
makes an effort to reference, such as collective bargaining, is not
collective bargaining as the Nation understands it but collective
bargaining as defined in that chapter in that bill, which really gives
no definition. Ask folks who know about collective bargaining, and the
gentleman will find that real collective bargaining rights are not
preserved in the bill.
Mr. SKELTON. Mr. Chairman, I yield 30 seconds to the gentleman from
Maryland (Mr. Hoyer), the minority whip.
Mr. HOYER. Mr. Chairman, I have been working 23 years on civil
service. I was very pleased to hear the observations of the gentleman,
who has had 5 months experience here dealing with this issue.
I agree with the gentleman from Tennessee. The only reason to rush
this to judgment is because they are unwilling to debate it fully and
to have it open for amendment fully. If they had the courage of the
gentleman from Ohio's assertions, they would not fear having this fully
considered and debated. That is not the case though, I tell my friend.
Mr. Chairman, I hope we have an amendment. I hope we are able to
discuss it fully, at which time we will be able to discuss his
thoughts, as the gentleman indicated, which gives some rhetorical tip
of the hat to those protections. But they ultimately will be in the
discretion of the Secretary and the management at the Pentagon, not of
the Congress or the President.
I would hope that the gentleman would review more closely his
assertions and that perhaps we could discuss them at greater length at
some time in the future.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentlewoman from
Guam (Mr. Bordallo), a member of the Committee on Armed Services.
Ms. BORDALLO. Mr. Chairman, as a member of the Committee on Armed
Services, I rise in support of the bill before us.
Let me briefly highlight three provisions of which I am very proud.
First, the legislation increases the number of nominations to a
military academy that a Delegate may have.
Second, the act authorizes a new 5-year pilot program for invasive
species eradication on military installations in Guam.
Third, the legislation includes two military construction projects
for Guam in fiscal year 2004. It authorizes $1.7 million for the
construction of the Victor Wharf Fender System for our nuclear
submarines, and it authorizes $25 million for the construction of a new
medical and dental clinic at Anderson Air Force Base.
Much could be said, Mr. Chairman, as to the procedures by which
contentious aspects of this legislation have appeared, such as the
civil service provisions, but, nonetheless I am pleased that we have
taken action to strengthen the defense of our Nation through this piece
of legislation.
I would like to thank the gentleman from California (Chairman Hunter)
and the ranking member, the gentleman from Missouri (Mr. Skelton), for
managing this challenging process.
Mr. BARTLETT of Maryland. Mr. Chairman, I reserve the balance of my
time.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
South Carolina (Mr. Spratt), not only a member of the Committee on
Armed Services but the ranking member on the Committee on the Budget.
(Mr. SPRATT asked and was given permission to revise and extend his
remarks.)
Mr. SPRATT. Mr. Chairman, I thank the gentleman for yielding me time.
Mr. Chairman, we are going through what is basically a pro forma
debate here, because this bill is off limits to serious debate. When
you cannot offer an amendment you are only shadowboxing about the
provisions of the bill, if you are not really putting in the well the
issue itself and letting the House work its will on the bill, and that
is the situation we have here.
We are seeing procedural devices employed by virtue of this rule
which keep us from having substantive consideration for the most
contentious parts of this bill.
This bill runs rough-shod over two major environmental laws. No
recourse. This bill dis-establishes the civil service as we have known
it for almost 100 years. Virtually no recourse on the floor. This bill
takes a provision that the President of the United States requested for
funding a very important project under the Nunn-Lugar Act, Cooperative
Threat Reduction, in Shchuch'ye, Russia, where some 75 percent of the
deadly chemical weapons in the arsenal of the former Soviet Union are
stored in makeshift buildings with porous roofs under woeful conditions
that, in my opinion, are security risks.
We have finally gotten everything together so we can move forward
with a facility here. The funding is requested by the President of the
United States to move forward with this facility. And guess what? We
are right at the threshold of a significant undertaking that matters to
our security and the rest of the world, and this bill hog-ties the
[[Page H4412]]
President's request, hamstrings everything that is carefully laid in
place, so we cannot begin. We cannot use the money that the President
has requested.
This bill takes $28 million out of that project and puts it in
offensive arms elimination, which is fully funded. It then fences
another $100 million until they can show us that every permit needed
over the lifetime of the project is procured, which is an impossible
hurdle to clear.
{time} 1515
So that is what is at stake here. That project, in my opinion, is not
as important as the substantive decision to disestablish the civil
service, but it is important. It sets a model for how cooperative
threat reduction will proceed in Russia. It is the single most
important thing we are doing in that realm in terms of ridding that
country of chemical weapons which could one day show up in our subways,
on our streets, used by terrorists and rogue states against us.
But we will not be able to have a free, full, and fair debate about
that because the rule that now prevails prevents us from doing that.
What I would say, Mr. Chairman, as one last plea, is that we need a
rule that allows us to work the will of the House on this highly
important bill. This bill will increase defense spending to $400
billion, makes major allocations within our budget. That is a $110
billion increase over the last 3 years.
On a matter of this gravity, of this importance, we need to have full
and free and fair debate here in the well of the House. This should be
America's forum, a crucible where we work out important issues like
this. The rule they have adopted diminishes the stature of the House of
Representatives.
Mr. Chairman, the rule governing today's debate on the fiscal year
2004 defense authorization act, we are told, is just part one of two. I
hope that in part two we are allowed to debate an amendment I offered,
together with Adam Schiff, on behalf of scores of Members supportive of
the President's request for Cooperative Threat Reduction.
When I testified at the Rules Committee yesterday, I filed and sought
consideration of only one amendment, which I offered with
Representative Schiff, who has been active on these issues. I can
describe our amendment in very simple terms: it seeks to restore the
President's request for the fiscal year 2004 program. Let me elaborate.
The President's request for the Department of Defense Cooperative
Threat Reduction (CTR) program from fiscal year 2004 totaled $450.8
million, and the Armed Services Committee authorized that amount. But
don't be fooled: the committee bill makes substantial changes to the
President's request for CTR.
First, the committee bill transfers $28.8 million from chemical
weapons destruction activities in Russia--work at the Shchuch'ye
facility--to strategic offensive arms elimination. The cut of nearly
$30 million from the Schchuch'ye project will slow construction of this
critically needed facility and postpone the day we begin to destroy
chemical weapons there. My amendment restores these funds to Shchuch'ye
leaving funds for both strategic offensive arms elimination and
Shchuch'ye at the requested level.
Shchuch'ye represents a wake up call as to urgency of the problem of
proliferable chemical weapons. In a building that is little more than a
fortified barn, chemical munitions are lined up like wine bottles.
Shchuch'ye is home to a majority of Russia's weaponized stocks of
nerve gas and sarin. While security there has been upgraded by the CTR
program, the munitions at Shchuch'ye remain portable, and the security
almost certainly penetrable. None of us that visited left without
believing the United States should accelerate the destruction of these
munitions, and I was pleased to see the President recommended exactly
this course in his fiscal year 2004 request.
At Shchuch'ye, the United States has complete access to a critical
WMD storage site, where some of the deadliest and most portable
chemical munitions in the world are housed with minimal security, and
the Russians are saying, come on, we'll work with you to build a
facility to destroy the weapons. The bottom line is this: the chemical
weapons stored at Shchuch'ye represent a critical threat to U.S.
security, and a cut to the President's request for this project is both
unwise and unwarranted.
My amendment also strikes several new restrictions imposed on the CTR
program by the committee bill, found in sections 1303 through 1307.
In section 1303, the Chairmans' mark creates an impossible hurdle for
the work at Shchuch'ye or any other CTR project, by requiring that all
permits ever needed over the lifespan of a CTR project be presented to
Congress before more than 35 percent of the cost of the project can be
obligated. There is literally no way for a planner or program manager
to reliably envision each and every permit that might ever be needed to
complete that project. Yet the committee mark says funding for any
project, new or incomplete, stops at 35 percent of total cost until
every permit is not only identified, but obtained. Our amendment
restores the President's request by striking section 1303 and replacing
it with a common sense proposal.
I agree with Chairman Hunter that the Department of Defense needs to
do a better job planning for the uncertainties that come with doing
business in Russia. DOD testified on March 4 to the Armed Services
Committee that they have taken specific measures to address the issue.
Assistant Secretary J.D. Crouch told the committee DOD has ``instituted
a program of semi-annual executive reviews with Russia to re-validate
project plans, assumptions, and schedules on a regular basis,'' and
noted that OSD has asked the DOD inspector general to review how CTR is
organized, more broadly. The first phase of the IG review is already
complete.
That said, I understand that Congress needs visibility into potential
problems, like the one at Votkinsk, and I have a proposal that will
give us just that. My amendment would require annual notice to Congress
of all permits ``expected to be required'' for completion of a project,
and an annual status report on DOD efforts to obtain them. To ensure we
get this information annually, with the budget submission, only 35
percent of funds for CTR projects would be available each year until
DOD submits the report. This information will enable Congress to make
wise decisions about specific CTR programs, without grinding important
work to a halt, and is in keeping with the administration's request to
Congress.
Section 1304 of the bill adds another new restriction: it requires
on-site managers at any Department of Energy nonproliferation project
in the former Soviet Union. The administration opposes the requirement,
and has noted that the cost, both in dollars and in diplomatic capital,
of such a requirement could be prohibitive. In fact, DOE has noted that
it already has strong oversight of its program activities in place,
which includes frequent visits to sites, stringent contract access and
work-performance requirements, and close cooperation with the U.S.
Embassy and DOE Moscow Embassy Office.
Section 1305 of the bill is not a fence, but it would undo an
important administration request that the DOD be allowed to spend up to
$50 million in prior year unobligated balances on WMD destruction
outside the FSU, if such work becomes necessary. The committee bill
mandates that if any such work is to be done, it be done by the State
Department, with funds transferred from DOD to State. This is misguided
policy, at odds with both the administration's request and a bipartisan
effort last year to create such authority. Our amendment strikes
section 1305 and restores the President's request.
Another fence can be found in section 1306, which establishes new
requirements for any work at biological weapons sites. The
administration did not request oversight at this point, and new
restrictions will likely only slow progress.
Finally, section 1307(b) fences $100 million of the President's
request for chemical weapons destruction at Shchuch'ye--that is, of
what's left after the $29 million cut in the base bill--until Russia,
or some other nation, puts up one-third of the total cost of the
project. But our agreements with Russia for construction at Shchuch'ye
require no such percentage-based contribution. Our agreement specifies
a functional division of labor: Russia builds the infrastructure needed
to manufacture a city next to nowhere in the Urals; we construct the
chemical weapons destruction facility.
According to DOD, Russia is meeting its financial obligation at
Shchuch'ye, and further, is contributing a significant resources
elsewhere to destroy other chemical munitions, including blister agents
no housed at Shchuch'ye. The Congress already gets regular updates on
funding and international contributions to Shchuch'ye. And the
administration testified earlier this year before this committee that
it does not need new oversight measures. Now, with Russia on board and
the administration asking to accelerate work at the facility, is not
the time to add new and unwarranted hurdle.
Let me just conclude by saying again, the intent of our amendment is
simply to uphold the administration's request. In terms of policy and
funding, that is what the amendment does, with the modest exception the
accountability provision I mentioned, which should equip Congress a
good tool to enhance its already vigorous oversight of these programs.
This amendment should win bipartisan support, and I hope rule No. 2
for this defense bill
[[Page H4413]]
will make the Spratt-Schiff amendment in order.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from
Ohio (Mr. Ryan), a member of the Committee on Armed Services.
(Mr. RYAN of Ohio asked and was given permission to revise and extend
his remarks.)
Mr. RYAN of Ohio. Mr. Chairman, I thank the gentleman from Missouri
for yielding to me, and I thank the gentleman for his fine leadership,
especially on the ``Buy American'' provisions that are in this bill
that we have strengthened, and also the gentleman from Illinois
(Chairman Manzullo) from the Committee on Small Business, and the
gentleman from Ohio (Mr. Hobson), as well, the gentleman from Missouri
(Mr. Skelton), for all their help strengthening the ``Buy American''
provision.
This is really not a Democrat or Republican thing; this is a shift
from the United States Congress to the executive branch to make major
decisions.
Nobody came before the people to say it was okay. We are losing. The
right to receive a veterans' preference is gone. The right to be free
from discrimination based upon political opinion is gone. The right to
overtime pay is gone. The right to collective bargaining rights is
gone. The right to due process, gone; the right to an attorney if you
are fired inappropriately, gone.
We just won a war in less than 100 days. This is the thanks we give
these people. We want flexibility. We understand the new global order
and we want to help. We should pass a bill of rights, which the
gentleman from Tennessee (Mr. Cooper) has been pushing. We should pass
it, not because we are going to protect the Constitution, not because
it is a Democratic thing, but because these ladies and gentlemen in the
Department of Defense deserve it.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentlewoman from
the District of Columbia (Ms. Norton).
Ms. NORTON. Mr. Chairman, I thank the distinguished gentleman from
Missouri for yielding time to me. I thank him for his hard work on this
bill, which I find for the most part unexceptional.
My amendment essentially from the Committee on Government Reform
preserving certain appeal rights for Department of Defense civil
servants, has been included in this bill. My concern is that the
Committee on Armed Services had thrust upon it an area that should not
be in that bill. Yet they said to deal with it, because that is the way
the rule works, involving the civil service.
What essentially happens in this bill is the establishment of a new
and separate personnel system without basic civil service protection or
collective bargaining rights for Department of Defense employees. It is
the first time we have separated out any civilian employees in this way
in 100 years. We have taken OPM out of it, even though they are the
only organization with expertise in civil service.
Of course, there are some stated collective bargaining and civil
service rights here, but they are all waivable. They are either waived
or waivable. We have somehow decided to reform the personnel system for
DOD before we reform military DOD itself. It mars this bill. I hope
somehow we are able to fix it.
Mr. SKELTON. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Georgia (Mr. Scott), a member of the Committee on Financial
Services.
Mr. SCOTT of Georgia. Mr. Chairman, I thank the gentleman for
yielding time to me. I am delighted to be here. I want to certainly
extend my commendations to the Committee on Armed Services. This is a
very important bill, and I rise to support this measure wholeheartedly
and very strongly.
In my district of Georgia, I represent Fort McPherson and I also
represent Fort Gillam, two very critical bases that play an important
role.
We need to pass this measure as a strong, strong vindication and a
way of showing great appreciation to members of our Armed Forces, who
put their lives on the line and brought victory in Iraq. But also, as
we look ahead into the future, we see a time and we see issues
developing of unknown certainty.
Let nobody misunderstand: we want the world to know that the United
States of America is going to and must always have the foremost and
strongest military presence in the world. This bill, H.R. 1588, goes a
long measure to doing that.
Also, Mr. Chairman, as one of those strong supporters of this
measure, I do want to call attention to this issue of civil service,
where we are taking away the collective bargaining and employment
rights of 700,000 employees.
The issue here is not whether we do it or not, but the issue is, in
this legislative body, is it not our function to ask the questions?
This should not be done in the quiet of night in a back room. We are
affecting employees, defense employees in this country. We need to ask
the question why. Is it needed? Is it a matter of national security
that we allow changes for the Pentagon civilian personnel system to
allow the Secretary of Defense to strip from the Department of Defense
employees their most basic workers' rights, including collective
bargaining, due process, appeal rights, and the annual congressional
pay raise?
These are very important questions. All we ask for is the opportunity
to do our job as Congressmen and Congresswomen, to ask the questions,
and to get the answers. If this is a measure that must be passed, then
we will do so.
Mr. BARTLETT of Maryland. Mr. Chairman, I yield such time as he may
consume to the gentleman from Ohio (Mr. Turner).
Mr. Chairman, the thinnest sheet of paper has two sides, and I yield
to the gentleman for a look at the other side of this sheet of paper.
Mr. TURNER of Ohio. Mr. Chairman, it is interesting, hearing the
debate about this bill, and the issues and opportunities for debate on
the issues and input for amendments.
I serve on the Committee on Government Reform and the Committee on
Armed Services, which this bill went through. We had over 10 hours of
committee debate, including consideration of numerous amendments, and
20 hours on the Committee on Armed Services, including numerous
amendments.
Clearly, we had a full and exhaustive discussion. No back-room
discussions here. This was out in the open, with full participation and
full airing of the amendments that were presented.
One thing we know is that the need for this is evident in some of the
circumstances that we currently have in the Department of Defense.
Members can look at some of the experiences that have occurred.
It took the American Federation of Government Employees and the Air
Force 10 years to bargain over day care centers. Bargaining disputes
led to an arbitration hearing, two appeals to the Federal Labor
Relations Authority, two court challenges, a petition to the Supreme
Court, a Court of Claims case, a decision by the Comptroller General,
and $750,000.
Similarly, a case in St. Louis over an annual employee picnic took 6
years and $275,000.
A dispute over an agency's decision to close its facilities over a
holiday weekend and require employees to use 1 day of leave took 8
years to resolve.
These are not issues that should be addressed at the expense of
national security. Other agencies have similar flexibilities that we
are providing to the Department of Defense, the CIA, the DIA, the NSA,
NIMA, TSA, FAA, IRS, Foreign Service, and the GAO.
The Department of Homeland Security has many of the same
flexibilities, including equally broad labor-management flexibility.
What is really important, and the allegations of what this is doing
to employees are not true, the basic rights of employees are protected.
Collective bargaining is specifically mentioned in the bill and is a
right granted to the employees, both on a national and local level.
Civil rights are specifically protected and are referenced in
9902(b)(3)(c), and also the ability to have an appeals process. The
McHugh amendment provided for an appeals process so grievances and
disputes can be heard. The bill protects employees' rights, at the same
time providing the flexibility we need as we move into the next
century.
Mr. SKELTON. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from Maryland (Mr. Van Hollen).
Mr. VAN HOLLEN. Mr. Chairman, I thank my colleague for yielding time
to me.
[[Page H4414]]
As we have heard, tucked into this bill, Mr. Chairman, which is so
important to our national defense, is a provision that I believe could
have long-term negative consequences for our military readiness and
effectiveness. It is a provision that will rewrite the rules for
700,000 civil service employees in the Department of Defense.
Mr. Chairman, in our committee, the Committee on Government Reform,
when the representatives from the Department of Defense came to
testify, they made it clear that our military success in Iraq was the
result of a team effort, a team effort between the military and between
the civil servants within the Department of Defense that provided them
the support. It was a true partnership.
Yet, just a few weeks after our military success in Iraq, the
Pentagon launched what can only be described as a sneak, surprise
attack on the rights of those civil servants within the Department of
Defense. It is very ironic that just a few weeks after this body passed
legislation endorsing the good work of public employees, that we would
take this action that treats them so unfairly.
Mr. Chairman, there has been an amendment proposed that would strip
these provisions or change these provisions in the bill. It should be a
bipartisan amendment, it should be a nonpartisan amendment, because
otherwise what this bill does is gives the Secretary of Defense, not
just this Secretary but any Secretary of Defense, Republican or
Democrat down the road, the unchecked authority to rewrite the rules
for civil servants within the Department of Defense, the rules with
respect to hiring, firing, pay, bonuses.
It will greatly damage our security if we open the Department of
Defense to party politics. We want a personnel system that rewards
people based on merit, not based on political favoritism. We want, for
example, our procurement officers to be looking out for the public
interest, to be looking out for our national interests, not the
interests of the most politically connected contractors.
I strongly support pay for performance; but it should be merit-based
performance, not a political loyalty test. Last December we saw the big
bonuses going to those who were political appointees within the
administration.
I think this bill, which is so important to our national security,
should not contain this one provision that I think will damage our
national security interests in the long run.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida (Mr. Meek), a member of the Committee on Armed Services.
Mr. MEEK of Florida. Mr. Chairman, I thank the gentleman for yielding
time to me.
Mr. Chairman, I think it is important for us to remember that this
Committee on Armed Services bill is a needed bill and something that
this country and our troops need. But at the same time, as it relates
to those individuals that we hold up most, those civilian employees
that are in the Department of Defense, some 700,000-plus employees,
they are getting ready to be a part and victim of a political patronage
situation.
We had an opportunity in the committee and we have an opportunity, or
hopefully we will have an opportunity on this floor if we can get an
amendment up, to put in this bill directing the Secretary of Defense to
consult with legal counsel in making sure that we have strong rules
against political favors, political pay increases, or whatever the case
may be.
I will tell the Members of this Congress throughout all of our
districts throughout this country, we do not want people at the
Supervisor of Elections Office changing their party affiliation based
on the administration that is serving.
{time} 1530
If we appreciate and care about these employees, the politicalization
of the Department of Defense is not the place for it to happen. This is
a very serious, serious issue; and I want to make sure that the Members
of this House are on full alert that it is very important that we do
not allow individuals to have to, because they were a part of some
campaign, that they are now a part of the Department of Defense. We
want the best employees there possible; and I think it is very, very
important that Members give strong consideration to this.
Please allow the Democrats on this side to be able to put forth
amendments that are going to make this bill better. If this career
service employment bill was so great, if this reform was so great, why
can it not be a stand-alone bill? Why can it not be a stand-alone bill
without putting it in the Department of Defense? Please let us not have
to put donkeys and elephants on the canteens on our military bases.
Mr. SKELTON. Mr. Chairman, how much time do I have remaining?
The CHAIRMAN. The gentleman from Missouri (Mr. Skelton) has 21\1/2\
minutes remaining, and the gentleman from Maryland (Mr. Bartlett) has
13 minutes remaining.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Massachusetts (Mr. Markey).
Mr. MARKEY. Mr. Chairman, we are not going to be debating star wars,
the missile defense program, out here on the House floor.
Now I made a request to the Committee on Rules that they put in order
an amendment which I wanted to make which said that the missile defense
system cannot be deployed until it is proven to work. In other words,
the old defense test that you have got to fly before you buy. And that
applies to every other weapons system, but it is not going to apply to
missile defense. They want to deploy it even before they have proven
that it works.
Now the interesting thing is that it is kind of a fantastical
concept, but the Missile Defense Agency has actually put together, I am
not kidding you, a Missile Defense Agency coloring book which they pass
out to schools so they can help kids to understand how this system,
which they do not want to test before it flies, will work. They
actually have crayons that go with it. I am not kidding you. But
unfortunately it says ``Made in China'' on the crayons, which means we
should color this part Red in the book for the Red Chinese that we are
going to deploy the missile system to protect ourselves against.
Then you reach the next part of the little coloring book, Ronald
Reagan, who we can color red, white and blue, a great patriot who
really believed in this system. He always did. But unfortunately it has
yet to be proven to work. So that is red, white and blue.
Next we have the ground-based mid-course defense. Unfortunately, the
incoming missile has to yell ``yoo-hoo'' at the rest of the world so
that it can be shot down by the Defense Department. So we can color
that black.
Finally, we have the airborne laser in the cartoon which is supposed
to be on a plane. But the plane is so weighted down that it cannot fly,
so we can color that gold for gold-plated for the Defense Department.
None of this will be debated on the House floor, although they have
taken the time to give us a missile defense coloring book so we can all
play out here on the floor rather than debate the national defense of
our country.
Mr. SKELTON. Mr. Chairman, I yield 1 minute 40 seconds to the
gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the distinguished
ranking member for yielding me time, and I would like to add my
appreciation to the gentleman from Missouri (Mr. Skelton) for his
continued commitment to this process and the chairman of the committee
for his continued commitment and the collaborative efforts that they
have made together.
I would like to rise to cite that there are very important aspects of
this bill, Mr. Chairman, that I support. It is noteworthy that Fort
Hood in Texas sent more troops to the war in Iraq than they sent over
the last couple of wars and particularly World War I, World War II. So
we have a stake in the outcome of treatment of the United States
military and the outcome of this war in Iraq.
So the first order of business would be to thank our troops for their
service and to acknowledge as we go home this weekend that we will be
honoring the dead and celebrating and mourning with their families for
the great and ultimate sacrifice that they gave. That is why this bill
is so important to be accurate and to be inclusive.
I would have hoped that the gentleman from Tennessee's (Mr. Cooper)
[[Page H4415]]
amendment could have been included. That was responsive to many
concerns of many of my constituents.
I also believe it is important to note, as I believe General Franks
was very clear in his words to some of us who visited him in Doha
Qatar, that he understands Americans stand side by side in their
support for the troops, but it is important that we now begin to focus
in an inclusive way on the aftermath, peace in Iraq, and we have not
done that. And there is not much, as I understand, in this legislation
that deals with that question. So we have to focus on that, how the
military and Ambassador Bremer work together.
Finally, Mr. Chairman, I think it is extremely important that we
focus on the question of making sure that there is transparency in the
contracts for rebuilding Iraq, more opportunities for women-owned
business, more opportunities for small businesses, more opportunity for
minority businesses. It is extremely important.
I hope that we will have the opportunity to debate these amendments
because I have small business persons in my office today wondering why
they have not been exposed to the opportunities of helping America,
helping our troops and helping to rebuild Iraq by the American people.
Let us open the doors of opportunity. Let everybody work for the
betterment of this nation.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Hawaii (Mr. Abercrombie), the ranking member of the Subcommittee on
Tactical Air and Land Forces.
Mr. ABERCROMBIE. Mr. Chairman, aloha. I delighted to see you today.
Mr. Chairman, as the ranking Democrat on the Subcommittee on Tactical
Air and Land Force, I have the distinct pleasure of working with my
good friend, the gentleman from Pennsylvania (Mr. Weldon). I do not
believe I see him on the floor at the moment. I see other good friends
from the committee.
I wanted to express my personal appreciation to the gentleman from
Pennsylvania (Mr. Weldon). His impressive familiarity with the details
of the numerous programs under our subcommittee purview is one of the
major reasons we are considering a defense authorization that correctly
addresses the hardware needs of the military.
Our subcommittee held many in-depth, rigorous oversight hearings on a
variety of programs, and I think our adherence to a sound process in
this arena has served our committee, the Congress, and the Department
of Defense very well.
While we dealt with significant programs in all services, this bill
explicitly recognizes the importance of a strong Army. The Army has had
an uphill fight inside the Pentagon the last few years, and I think the
recent war showed how capable they really are.
I am especially pleased that our bill does no harm to the future
Stryker Brigades and that the committee was able to come to an
agreement about fencing off funding for the remaining brigades. We have
struck a blow in a couple of cases for better program management. I am
glad to see that the F-22 cut its cost. We fenced further money until
its software works the way as it is promised.
The Army's future combat system may be a good thing. It is hard to
tell because its budget structure makes it hard to evaluate. We changed
that structure so that everybody can see whether the future combat
system will work.
We are working on some very advanced systems in all the services. I
believe we have struck the right balance between future forces and our
legacy systems. In funding modernization of our heavy forces, this bill
ensures that we do not sacrifice the real combat capability today for
the promise of capability in the future.
I would like to conclude and I would be remiss, Mr. Chairman, if I
did not acknowledge the hard work and long hours put in by our
committee staff on all levels.
Mr. Chairman, I would like to close by again thanking the gentleman
from Pennsylvania (Mr. Weldon) and all the members of the various
subcommittee with whom I have had the pleasure of working on this bill.
Mr. BARTLETT of Maryland. Mr. Chairman, I yield such time as he may
consume to the gentleman from Georgia (Mr. Gingrey), a valued member of
our Committee on Armed Services.
(Mr. GINGREY asked and was given permission to revise and extend his
remarks.)
Mr. GINGREY. Mr. Chairman, I thank the subcommittee chairman, the
gentleman from Maryland (Mr. Bartlett), for yielding me time.
Mr. Chairman, I rise today in strong support of H.R. 1588, the
National Defense Authorization Act for Fiscal Year 2004, and I urge my
colleagues to support the bill as well.
I represent Columbus, Georgia, and Fort Benning, the home of the
infantry as well as NAS Atlanta and Dobbins Air Reserve Base in my
home, Marietta, Georgia, of Cobb County.
Mr. Chairman, as a first-term member of the House Committee on Armed
Services, I am extremely proud of this legislation for many reasons;
and I sincerely thank the chairman, the gentleman from California (Mr.
Hunter), the ranking member, the gentleman from Missouri (Mr. Skelton),
and all the subcommittee chairmen, especially my subcommittee chairmen,
the gentleman from Pennsylvania (Mr. Weldon) and the gentleman from New
York (Mr. McHugh), the ranking members, the gentleman from Hawaii (Mr.
Abercrombie) and the gentleman from Arkansas (Mr. Snyder) for the
manner in which they have led our committee and for producing a bill
that accomplishes so many important goals.
As all Americans have seen over recent months, the American military
today faces many different challenges, from urban warfare to more
traditional air and ground combat to special operations missions and
battles with irregular forces. Our brave men and women in uniform have
met all kind of threats. They are committed to protecting our American
homeland and to fostering democracy and liberty around the world.
Today, Congress matches this commitment with the passage of H.R. 1588.
Mr. Chairman, this bill increases the combat capabilities of our
Armed Forces with appropriate levels of spending for readiness,
procurement and research and development. It funds programs such as the
M-1 Abrams tank and the Bradley fighting vehicles that are used in
current conflicts and transforms our military to meet the threats of
tomorrow with futuristic systems like the Air Force's F/A-22 Raptor.
The bill provides funding to make our homeland safe as well by
combatting terrorism at home and abroad and continuing to develop the
ballistic missile defense system.
Finally, Mr. Chairman, I support H.R. 1588 because it contains a
number of benefits for our extremely valuable and often overlooked
service members. This bill provides a 4.1 percent pay raise across the
services and funds important military family housing priorities. It
also improves the TRICARE system, the survivor benefit program, and has
several provisions to improve the quality of life for members of
National Guard and Reserves.
Mr. Chairman, we must remember that we owe all of our freedoms and
safety to our brave men and women in uniform; and I am proud that many
of them are with us today in the gallery. I am glad that Congress can
help them in a small way with the passage of this bill.
Mr. Chairman, I urge all of them to support this very important
legislation.
announcement by the chairman
The CHAIRMAN. The Chair would remind Members not to reference
occupants of the gallery.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Chairman, I appreciate the gentleman yielding me
time and his courtesy in allowing me to speak on this important issue.
I think we are all impressed with the gravity of the myriad of issues
that deal with national defense and security. Mr. Chairman, there are a
number of things that I would speak on, but there is one in particular
that concerns me. I had an opportunity to hear, Mr. Chairman, the
chairman of the committee reference some of the rationale for short-
circuiting the environmental protections that we have come to rely on
that deal with our Department of Defense and under this bill would
actually be extended to other armies of the Federal Government.
There was reference made to Camp Pendleton. You saw the map and then
[[Page H4416]]
you saw overlays that made it appear as though 57 percent of 125,000
acres were unavailable for training activities.
Mr. Chairman, with all due respect, we ought to, I know there is no
time to debate it, there is no time to fully be engaged in amendments
that would allow the give and take that this body and the American
public and the military deserve, but let me just suggest that between
now and when we finally deal with the passage of this legislation,
maybe we can clear up this one little item.
I have here a map that shows, according to information from the U.S.
Fish and Wildlife Service and the U.S. Marine Corps itself, how much
has been set aside for critical habit. It is 840 acres, and I have them
outlined here. According to, again, the judge in place here in Fish and
Wildlife, it would not interfere with amphibious landings, 840 acres,
not 57 percent, when you went through and you used the process with
Fish and Wildlife, with the Department of Defense, with the Marine
Corps, which actually happened.
Now, I find, Mr. Chairman, that using short-circuited activity like
this, exaggerating the problems, is not helping us at all.
The real threats to military readiness are here on this map; and they
are encroachment from Oceanside, from Vista, from Fallbrook, from San
Clemente. Does this bill have anything in it that deals with military
encroachment like recently-passed legislation in the California
legislature? No, it is silent. It just wants to gut environmental
protections. We have a nuclear power plant that is located right here,
Interstate 5, and we have areas that are a popular California State
Park.
{time} 1545
These are issues that affect military readiness. This bill ignores
them. It would just simply gut environmental protection.
My experience, Mr. Chairman, is that when we give our fighting men
and women the right resources and the right orders, they can accomplish
anything. And we should be directing that they protect the environment,
they clean up after themselves, and they solve problems, not
eliminating simple commonsense environmental protections that, after
all, not only protect everybody in this area, but they ultimately
protect the fighting men and women, their families, and the overall
Earth that we inhabit.
Mr. BARTLETT of Maryland. Mr. Chairman, may I inquire as to the
amount of time remaining.
The CHAIRMAN. The gentleman from Maryland (Mr. Bartlett) has 10
minutes remaining and the gentleman from Missouri (Mr. Skelton) has
12\3/4\ minutes remaining.
Mr. BARTLETT of Maryland. Mr. Chairman, I yield such time as he may
consume to the gentleman from New York (Mr. McHugh), the chairman of
the Subcommittee on Total Force.
Mr. McHUGH. Mr. Chairman, I thank the gentleman, my colleague on the
Committee on Armed Services, for yielding me this time.
Mr. Chairman this is the 11th year in which I have had the great
honor of serving on this very august, very important committee. And as
happens every year, we obviously come to the floor with some
disagreements, some perhaps that cause a great deal of controversy and
a great deal of conflict amongst the various Members. But one thing
that has been most heartening to me with respect to this committee has
been the strong commitment on both sides of the aisle, both when my
friends on the Democrat side were in the majority and now when the
Republicans are in the majority, shared by both parties, and that is
our interest, our primary commitment to the good, the welfare of the
individuals throughout the various branches of the United States
military, who, as has been seen so directly, particularly in recent
months and years, fought the hard fight of freedom wherever the
challenges arose.
As someone who has had the distinct honor now for 3 years to serve
first as the chairman of the Subcommittee on Personnel and now the
Subcommittee on Total Force, I can say without equivocation that this
bill is not just a good bill; it is absolutely essential to the
continued welfare, to the continued interest of those brave men and
women in uniform who wear the patch of the United States military.
Because this is a bill that not only addresses the emerging lessons
learned from the global war on terrorism and with the war in Iraq, but
also it reflects the longstanding committee concerns about the
inadequacy of military manpower and the damaging effect of excessive
operations, both personnel and operations tempo.
This bill reflects not just the Committee on Armed Services' belief
in the need to be proactive in military personnel and policy matters,
but also, I think, the belief of the entire United States population;
and it acts to sustain the commitment and the professionalism of the
men and women of America's magnificent all-volunteer armed services
and, equally important, the families that support them and all of us.
I would also say, Mr. Chairman, this bill contains legislative and
funding initiatives that enhance the ability of the National Guard and
Reserves to play their important role, to continue their integration as
a vital irreplaceable part of the new total force that is the United
States military.
I would like to, Mr. Chairman, just highlight a couple of the
initiatives that are contained in this legislation, many of which have
been referenced by my colleagues on both sides of the aisle that are
contained in the total force portion of this very important
legislation.
Active end strength increases of 6,240 above the requested levels,
with the $291 million necessary to support those increases.
We provide for growth in reserve component full-time support
strength.
Military pay raises that average 4.1 percent, continuing this
Congress's, this government's commitment and recognition of the
understanding that we need to do better by these brave men and women in
terms of what we pay them.
Reserve component pay and personnel policy enhancements that respond
to the needs of the National Guard and Reserve personnel training in
that total force.
Continuation of war-time pays that were approved in fiscal year 2003
for members engaged in both Operation Enduring Freedom and Operation
Iraqi Freedom.
We have taken steps to open up the access to the commissaries and
exchange benefits to better define and protect those important benefits
and to also make them available on a more regular basis to reserve
component members, those in vital portions of the total force concept.
And we have provided a menu of health care improvements for the
entire Department of Defense.
This is a vitally important bill at one of the most critical
junctures in our Nation's history. And I should say, Mr. Chairman, in
closing, that none of these great outcomes is achieved in a vacuum. I
want to pay particular words of appreciation to the ranking member on
the subcommittee which I have the honor of chairing, the gentleman from
Arkansas (Mr. Snyder), who has done just a great job in both leading
and providing invaluable support and insight into our activities, and
to all of the committee's staff on both sides of the aisle for their
absolutely unwavering commitment to this initiative.
This bill, at the end of the day, in spite of our disagreements as
they may exist, needs to be supported. We need to continue our
commitment to our great men and women in uniform who are protecting our
freedoms each and every day.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Illinois (Mr. Davis).
Mr. DAVIS of Illinois. Mr. Chairman, I thank the gentleman for
yielding me this time, and I also want to agree with all of those who
have extolled many of the virtues of this legislation; who have talked
about the need for it to be efficient and effective; who have talked
about making sure that we protect all of our military personnel and be
in a position to protect our citizens.
But I must confess that I do not believe in throwing out the baby
with the bath water. When we talk about getting rid of the personnel
system, when we talk about taking away the rights of workers to
unionize, when we talk about taking away the rights of individuals to
appeal, when we talk about individuals not having the right to discuss
their grievances, then I think that
[[Page H4417]]
is going a bit far. I agree there is a tremendous need for flexibility,
and I believe that there ought to be those moved out of civilian
positions who are part of the military; but I do not believe that all
of the years of developing workers' rights ought to be taken away in
one fell swoop.
Quite frankly, Mr. Chairman, I do not even understand why those
provisions are in the legislation. They simply are not needed, they are
of no value, and I disagree with that part of it. If we cannot
guarantee the rights of people who work, then what are we fighting for
when we talk about protecting the rights of all the rest? I disagree
with that portion of the legislation.
Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from
Ohio (Mr. Turner).
Mr. TURNER of Ohio. Mr. Chairman, our friends on the other side of
the aisle continue to tell horror stories of what this bill, if
enacted, would do with respect to civil service and the employees in
the Department of Defense. I think we all know that we honor our
employees at the Department of Defense. Just like the men and women in
uniform who gave us the success in Iraq and in Afghanistan, they too
make the difference in our success. They give us the tools, the
weapons, the technology, the expertise that allow us to be successful
on the battlefield and to have a strong national defense.
Certainly, if the horrors our friends on the other side of the aisle
were true, then we should vote this bill down. They say the horrors are
that this will result in political patronage; that civil rights will be
taken away; that there will be no rights for collective bargaining.
Surely if those things were the outcome of this bill, I would vote
against it myself. So one would expect that our friends on the other
side of the aisle voted against it too. But they did not. In fact, the
gentleman from Florida, who told us of the horrors of the possibilities
of political patronage, voted for this bill. The gentleman from
Tennessee, who spoke about there being no civil rights or collective
bargaining for employees of the Department of Defense, voted for this
bill.
This bill comes to this floor out of the Committee on Armed Services
with bipartisan support and a vote of 58 to two. The horrors they
describe are not true. And instead of telling us the sections that
would reference the truth about this bill, I thought it would be best
to read from it. With respect to political patronage: ``The public
employment principles of merit and fitness set forth in section 2301,
including the principles of hiring based on merit, fair treatment
without regard to political affiliation or other nonmerit
considerations, equal pay for equal work, and protection of employees
against reprisal for whistleblowing.'' Those are preserved and
specifically set forth in the bill.
Then, with respect to collective bargaining, which again our friends
on the other side of the aisle say do not exist if this bill passes,
the bill specifically says: ``Ensure that employees may organize,
bargain collectively as provided for in this chapter, and participate
through labor organizations of their own choosing in decisions which
affect them, subject to the provisions of this chapter.''
Clearly, the fact that this bill comes before us with bipartisan
support, a vote of 58 to two out of the Committee on Armed Services,
shows that the bipartisan support should carry through to passage of
this bill; and that, truly, this system of increased flexibility would
provide increased opportunity and actually honor our Department of
Defense employees.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Shorty we will end the general debate on this all-important bill. And
of course I wish first to thank the members of the committee on both
sides of the aisle for tremendously hard work. A special thanks to that
wonderful staff that we have for the efforts, the late hours they have
put in. This could not have been done without them.
We have discussed in the last 2 hours the various problems that have
crept into the bill. Hopefully, they will be debated at least on the
second rule, which has not been made in order, so we can have a full
and fair airing of those.
But on a larger notes than that, I would like to quote the great
Roman orator, Mr. Chairman, who once said that ``gratitude is the
greatest of all virtues.'' So in what we do today, in passing this
bill, which is basically a very good and strong bill for the military
of the United States, we are saying ``thank you.'' And we express our
gratitude to them, to the men and women of all ranks, to the men and
women of all branches, regardless of their specialty. They have done
good. Back home in Missouri, the finest compliment you can give in the
Ozarks-part of our State is, ``You done good.''
So to each one of the men and women, regardless of where they are,
whether they be aboard ship, whether they be in a camp, whether they be
in a plane, whether they are training or serving as a peacekeeper in
one of those distant places, all of us, both sides of the aisle, should
give them a special thanks and word of gratitude.
Mr. Chairman, I reserve the balance of my time.
{time} 1600
Mr. HUNTER. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from Colorado (Mr. Hefley).
Mr. HEFLEY. Mr. Chairman, I thank the gentleman for yielding me this
time.
I want to speak to the amendment that is going to come up in just a
moment, if I might. I appreciate the gentleman incorporating into that
amendment an amendment I had that we could not do in committee because
of a jurisdictional problem. It is an amendment to take care of two
environmental relief points that the Department of Defense needs. I
think they are well-thought out.
The amendment as it came to us in committee from the Committee on
Resources broadened this. I want to narrow it back down to just deal
with the Department of Defense. Here is what the two are:
In section 317 of H.R. 1588 last year, which amends the Endangered
Species Act, it provides that the Secretary of Interior will not make
future designations of critical habitat on military lands or threaten
an endangered species where the installation has negotiated a mutually
agreed upon, integrated natural resources management plan between the
State Fish and Wildlife Service and the National Fish and Wildlife
Service.
This is something that was in the bill last year, passed this House
overwhelmingly on a bipartisan basis, passed the committee
overwhelmingly on a bipartisan basis, and ran into some difficulty over
in the Senate. We want to reenact this and narrow it down from what is
actually in the bill. So the gentleman's en bloc amendment will do
that, and it will be a tremendous help to the Department of Defense in
their readiness activities when preparing to train as they prepare to
fight wars.
The second aspect in the amendment is that the Department of Defense
requested an adaptation of a new definition of harassment for the
Marine Mammal Protection Act. Generally, you cannot take marine
mammals. We are not out to kill marine mammals, but the term
``harassment'' has been interpreted in court cases in a ridiculous
manner. This changes the definition of harassment so we do not have, if
a sea lion is sleeping on a buoy and a Navy ship goes down the channel
and the sea lion wakes up and looks at the boat, that can be defined as
harassment under the present law.
What we are talking about making is major life changes. We do not
want marine whales to beach themselves and that kind of thing, of
course. This narrows that down.
Mr. Chairman, this amendment carefully defines the situation. It is a
rifle shot dealing with the problems that the Department of Defense
has. I think it will help tremendously in our preparation of our young
men and women for fighting wars.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Stenholm).
Mr. STENHOLM. Mr. Chairman, I thank the gentleman for yielding me
this time.
I commend the chairman of this committee and the ranking member for
their work in putting together this very important bill. As a strong
supporter of the B-1 bomber program, I appreciate the committee's
recognition
[[Page H4418]]
of the excellence of B-1 in combat and their importance in operations
in the Korean Peninsula by directing the Air Force to restore the 23
aircraft set to be retired.
I hope it is the full intent of this committee that, should these 23
planes be restored to the fleet, that these bombers will be given
adequate manpower and maintenance with additional funding to ensure
that these costs will not come out of the operations and maintenance
funds of the existing 60 bombers.
Mr. Chairman, I also commend the gentleman from California for his
attention in this bill to the national defense needs of our Nation, and
I also applaud his efforts to hold the Base Realignment and Closure
round in 2005 accountable to our emerging national defense needs.
This bill stipulates that the required force structure for the armed
services meet prescribed levels and that the Air Force would include in
its force structure not less than 96 combat-coded bomber aircraft in
active service. I hope it is the intent of this committee in this
legislation that the 23 B-1s that would be restored to the fleet under
this bill will be incorporated into the parameters of the Air Force
bomber structure and taken into consideration for purposes of the base
realignment process.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume
to engage in a colloquy with the gentleman from California (Chairman
Hunter).
The gentleman will recall in this Chamber the very arduous series of
debates that we had on what was then known as the Stealth bomber, now
known as the B-2 bomber; and with the gentleman's leadership, some
additional funds were put into this bill for additional research and
development regarding a new wave of bombers. Would the gentleman be
inclined to share that thought with us, please?
Mr. HUNTER. Mr. Chairman, will the gentleman yield?
Mr. SKELTON. I yield to the gentleman from California.
Mr. HUNTER. Mr. Chairman, the gentleman from Missouri (Mr. Skelton)
has been a champion of the idea of utilizing Stealth bombers and
Stealth aircraft and coupling them with precision munitions and being
able to give enormous leverage to American air power.
If we look at our array of deep-strike platforms, we have the 21 B-2s
that are based in the gentleman's district, which are extremely
valuable assets. We have a few, over 60 now, B-1 bombers, now that 23
are being retrieved or taken out of the force; and we are retrieving a
number of those 23 bombers, bringing those back to the force. They
worked very effectively in Iraq. And the balance of our 130 or so
combat-coded bombers are made up of the old B-52s, the youngest one of
which was built in July of 1962, so the newest B-52 is over 40 years
old.
We need to strike out and to design and build a new deep-strike
platform. So we put $100 million in this bill to commence pursuit of a
new deep-strike platform, which may be manned or on the advice of some
people may be unmanned. We could certainly have what I call the B-2
Chevy. That is the new variant of the B-2 that does not have some of
the Cold War components but nonetheless would be excellent for
conventional missions, and that would be somewhat less in terms of cost
than the B-2s that were built for strategic delivery.
So it could be a manned system, it could be an unmanned system, but
the point is we better start now because it is going to be years before
we have new platforms for deep strike.
At the same time, we plussed up the purchases of precision munitions,
those joint direct attack munitions that are used to eliminate the need
for literally thousands of bombs, hundreds of bombs to one in terms of
ratio where again, instead of carpet bombing a bridge to knock it out,
you hit that one strut and bring that entire bridge down.
The gentleman is talking about our two most important systems, that
is deep-strike platforms and precision munitions. When those two
leveraged systems are coupled together, the United States has enormous
capability, and I thank the gentleman for his efforts along these
lines.
Mr. SKELTON. Mr. Chairman, I thank the gentleman for his full
explanation and a special compliment on his foresight in helping insert
these dollars for that additional research and development.
I remember the early days of the then Stealth, now B-2 bomber, when
so many had such serious questions about it. And I might say, in three
conflicts now, the B-2 bomber has spoken well for America. I thank the
gentleman for his help and leadership in that area.
Mr. HUNTER. Mr. Chairman, if the gentleman would continue to yield, I
thank the gentleman for his work; and if I could just mention, the
gentleman from Texas (Mr. Stenholm) just spoke. One of his comments was
to the effect that he knew that we were retrieving some of these B-1
bombers that the Air Force decided last year to shelve, and he hoped
that the cost of maintaining those bombers would not be drawn from the
spare parts accounts of the 60 or so bombers that we have right now.
Let me just say in response to the gentleman, who is a great friend
of mine, the intent of the committee is to try to get a high mission-
capable rate with our entire bomber force, all of the B-1s, and that
means spending what it takes to keep those birds in the air, to give
them the ability to deliver their platforms with deep ranges, with good
protection to the crew. So we want to see higher maintenance dollars
expended on that entire force because it is such an important leverage
force.
We saw the B-1s being extremely flexible in its pursuit of targets in
the Iraq theater. That was appreciated by the committee. I did not get
a chance to respond to the gentleman from Texas (Mr. Stenholm), but I
want to assure him that we are going to try to make sure that entire
bomber force has a high mission-capable rate, both B-2s that the
gentleman is so proud of, and home bases in his district, B-1s, and of
course those ancient B-52s.
I know the gentleman from Texas (Mr. Sam Johnson) talked about
looking out his prison window in Hanoi in 1972 during Operation
Linebacker and watching a B-52 explode in midair as it was hit by a
Sand missile. Those planes were shot down over 40 years ago, and by the
aircraft, anti-aircraft and Sand capability being delivered to North
Vietnam by Russia. That means that we need to move along and develop
this new technology as quickly as possible and get new birds in the air
as quickly as possible. I know the gentleman from Missouri (Mr.
Skelton) and I share that goal.
Mr. SKELTON. Mr. Chairman, I thank the gentleman, and it appears in
this bill regarding the additional research and development funding for
future system or systems of advanced Stealth techniques, I think it is
certainly on the right track.
Mr. OXLEY. Mr. Chairman, I rise today to congratulate Chairman Hunter
and the Armed Services Committee on their work on the Defense
authorization. This authorization better prepares the United States to
face the new threats to our world.
I am pleased the committee has recognized that after playing a
dominant role in Operation Iraqi Freedom, the Abrams battle tank proved
that it will continue to play a central role in the defense of our
Nation in the years to come. With the 129 Abrams System Enhancement
Program upgrades the committee has provided for, the armored cavalry
regiment, the ``eyes and ears'' of the Army's Counter Attack Corps,
will join the 4th Infantry Division as the most advanced in the world.
As the Army begins transforming itself for future combat situations,
heavy armor will continue to play an important role. We should take the
lessons we learned in Iraq, and use those in the future. As the
centerpiece of the Operation, the Abrams not only proved it's mettle in
the desert, it also dominated in urban areas. The tank provided cover
for infantrymen and offered precision fire helicopters and planes were
not able to. Acting as a battering ram, the Abrams is the safest
vehicle in our arsenal, not having suffered one combat-related
casualty.
Whether it be the Sherman tank in World War II or the Abrams in the
gulf war and Operation Iraqi Freedom, tanks have been critical to
military success. The Abrams tank has proven that the tank will
continue to play a prominent role in the defense of America well into
the 21st century.
Mrs. MALONEY. Mr. Chairman, traditionally, the Defense Authorization
Act has been a bipartisan bill. Unfortunately, this year the majority
has added highly controversial provisions to the bill regarding civil
services law, contracting, environmental exemptions, and nuclear
weapons policy.
[[Page H4419]]
As we all know, there has been significant controversy over the
process of awarding contracts in Iraq, I would like to highlight one
provision in the Defense authorization bill that adds much needed
sunshine to the Iraq rebuilding effort (section 1456). I thank the
Government Reform and Armed Services Committee members for including
this section.
In a markup of H.R. 1837, the Services Acquisition Reform Act of
2003, I offered this public disclosure language in the form of an
amendment. It was unanimously accepted by the House Government Reform
Committee. H.R. 1837 was referred to House Armed Services and included
in H.R. 1588, the National Defense Authorization Act for FY 2004.
In the House Armed Services Committee, the Iraqi sunshine amendment
was also offered by Mr. Snyder of Arkansas. I thank Mr. Snyder for his
hard work. The amendment was accepted and included in an en bloc
amendment to H.R. 1588. The amendment, now section 1456, will ensure
that agencies entering into a contract for the repair, maintenance, or
construction of the infrastructure in Iraq without full and open
competition, publish details regarding the contract.
This section is very simple. It merely requires the government to
publish details regarding these noncompetitive contractors.
It has been said that sunshine is the best disinfectant. The public
has a right to know how billions of dollars will be spent in Iraq. As
the people's Representatives, we have a duty and responsibility to
ensure that funding Congress has appropriated for the Iraqi
reconstruction is spent in a fair and open manner. Given the recent
controversy, the least we could do is ensure that there is full
disclose to the American people.
In recent weeks, we have seen several press reports that United
States Agency for International Development (USAID) and other Federal
agencies have been awarding no-bid or invitation-only contracts to
firms for the rebuilding of Iraq.
For instance, one firm secured a $2 million Iraq school contract
through an invitation-only process. USAID awarded an invitation-only
contract for $680 million to rebuild Iraq's infrasture. A $50 million
policing contract was awarded through a closed bidding process and so
on.
I acknowledge that in some instances, noncompetitive contract will be
awarded. USAID and others have argued that because of the need to move
quickly, they chose to use noncompetitive procedure. The law clearly
allows for these procedures. However, if a noncompetitive process is
used, the American people have a right to know that it is being used
and why it is being used. Section 1456 requires the Federal agencies to
make these details public.
Section 1456 mirrors legislation offered in the Senate by Senators
Wyden, Collins, and Clinton, S. 876, the ``Sunshine in Iraq
Reconstruction Contracting Act of 2003.'' S. 876 is a bipartisan bill
that sets out requirements for the government to publicly justify any
closed bidding process used for Iraqi reconstruction work.
I thank Chairman Davis, Ranking Member Waxman, Chairman Hunter, and
Ranking Member Skelton, and members of the Government Reform and Armed
Services Committees, for their support of this straightforward, good-
government provision.
I wholeheartedly support its inclusion in H.R. 1588.
Mr. FALEOMAVAEGA. Mr. Speaker, I want to thank the chairman, the
ranking member and both Republican and Democratic members of the Armed
Service Subcommittee on Total Force and the full committee for
unanimously supporting an amendment to increase the number of military
academy appointments from American Samoa, Guam, and the Virgin Islands
to the U.S. Military Academy, the U.S. Naval Academy, and the U.S. Air
Force Academy.
For my constituents, this means that American Samoa will be able to
send two students to each service academy. Given that American Samoa
has a population of over 57,000 people, a per capita income of less
than $4,500 and almost 5,000 men and women serving in the U.S. armed
services, I am pleased that we may be able to offer more students the
opportunity to attend one of the our Nation's prestigious military
academies.
Like other States and Territories, American Samoa has a long and
proud tradition of supporting and defending the United States of
America. In 1900, the traditional leaders of American Samoa ceded the
island of Tutuila to the United States.
Tutuila's harbor is the deepest in the South Pacific and the port
village of Pago Pago was used as a coaling station for U.S. naval ships
in the early part of the century and as a support base for U.S.
soldiers during WWII. To this day, American Samoa serves as a refueling
point for U.S. naval ships and military aircraft.
American Samoa also has a per capital enlistment rate in the U.S.
military which is as high as any State or U.S. Territory. Our sons and
daughters have served in record numbers in every U.S. military
engagement from WWII to present operations in our war against
terrorists. We have stood by the United States in good times and bad
and I believe it is only appropriate that this relationship should be
acknowledged by increasing our number of military academy appointments.
Again, I want to thank Chairman John McHugh and Ranking Member Vic
Snyder of the Subcommittee on Total Force for supporting my request to
increase the number of military academy appointments for American
Samoa. I also want to thank my good friends, the chairman of the
Committee on Armed Services, Congressman Duncan Hunter, and Ranking
Member Ike Skelton, for their support.
On a personal note and as a Vietnam Veteran, I also want to thank the
sons and daughters of this great Nation who are currently serving in
the U.S. Armed Forces. As we consider the National Defense
Authorization for Fiscal Year 2004, I am hopeful that we will remember
the sacrifices they are making to protect our liberties and in so
remembering I urge my colleagues to support this reauthorization.
Mr. SCHIFF. Mr. Chairman, I rise today to object to the sweeping,
permanent exemptions from environmental laws at military bases included
in this Defense authorization bill.
This set of provisions, the so-called ``Range and Readiness
Preservation Initiative,'' would change critical provisions of the
Clean Air Act, the Marine Mammal Protection Act, and the Endangered
Species Act. These changes would remove Federal and State authority to
require the Department of Defense to clean up its thousands of
contaminated sites nationwide.
I am a staunch supporter of a strong military and a strong national
defense. Yet the changes that have been included in this bill go well
beyond any consideration of military preparedness, are overboard, and
are ill-advised.
Environmental laws already include provisions for exemptions in the
event of a national security issue. The proposals are rendered even
more questionable by the fact that the Defense Department has not yet
found a compelling case to plead for such an exemption. EPA
Administrator Christine Todd Whitman has testified before Congress that
compliance with environmental regulations has never impeded military
readiness.
Furthermore, these blanket exemptions for the Department of Defense
from environmental statutes are inappropriate. I have grave concerns
regarding the adverse environmental impact of this initiative. This
legislation would relax current requirements protecting wildlife
habitats on military installations, as well as requirements to clean up
contaminated sites and control air emissions. The Department of Defense
is our nation's biggest polluter. I believe that, unless national
security is directly affected, the Department of Defense should be
required to comply with Federal environmental laws.
I call on my colleagues to strike these provisions.
Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore (Mr. Bereuter). All time for general debate
has expired.
Pursuant to the rule, the committee amendment in the nature of a
substitute printed in the bill is considered as an original bill for
the purpose of amendment and is considered read.
The text of the committee amendment in the nature of a substitute is
as follows:
H.R. 1588
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2004''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
[[Page H4420]]
Subtitle B--Army Programs
Sec. 111. Stryker vehicle program.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for F/A-18 aircraft program.
Sec. 122. Multiyear procurement authority for Tactical Tomahawk cruise
missile program.
Sec. 123. Multiyear procurement authority for Virginia class submarine
program.
Sec. 124. Multiyear procurement authority for E-2C aircraft program.
Sec. 125. LPD-17 class vessel.
Subtitle D--Air Force Programs
Sec. 131. Air Force air refueling transfer account.
Sec. 132. Increase in number of aircraft authorized to be procured
under multiyear procurement authority for Air Force C-
130J aircraft program.
Sec. 133. Limitation on retiring C-5 aircraft.
Sec. 134. Limitation on obligation of funds for procurement of F/A-22
aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Collaborative program for development of electromagnetic gun
technology.
Sec. 212. Authority to select civilian employee of Department of
Defense as director of Department of Defense Test
Resource Management Center.
Sec. 213. Development of the Joint Tactical Radio System.
Sec. 214. Future Combat Systems.
Sec. 215. Army program to pursue technologies leading to the enhanced
production of titanium by the United States.
Sec. 216. Extension of reporting requirement for RAH-66 Comanche
aircraft program.
Sec. 217. Studies of fleet platform architectures for the Navy.
Subtitle C--Ballistic Missile Defense
Sec. 221. Enhanced flexibility for ballistic missile defense systems.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B--Environmental Provisions
Sec. 311. Reauthorization and modification of title I of Sikes Act.
Sec. 312. Authorization for defense participation in wetland mitigation
banks.
Sec. 313. Inclusion of environmental response equipment and services in
Navy definitions of salvage facilities and salvage
services.
Sec. 314. Clarification of Department of Defense response to
environmental emergencies.
Sec. 315. Requirements for restoration advisory boards and exemption
from Federal Advisory Committee Act.
Sec. 316. Report regarding impact of civilian community encroachment
and certain legal requirements on military installations
and ranges.
Sec. 317. Military readiness and conservation of protected species.
Sec. 318. Military readiness and marine mammal protection.
Sec. 319. Limitation on Department of Defense responsibility for
civilian water consumption impacts related to Fort
Huachuca, Arizona.
Sec. 320. Construction of wetland crossings, Camp Shelby Combined Arms
Maneuver Area, Camp Shelby, Mississippi.
Subtitle C--Workplace and Depot Issues
Sec. 321. Exclusion of certain expenditures from percentage limitation
on contracting for performance of depot-level maintenance
and repair workloads.
Sec. 322. High-performing organization business process reengineering
pilot program.
Sec. 323. Delayed implementation of revised Office of Management and
Budget Circular A-76 by Department of Defense pending
report.
Sec. 324. Naval Aviation Depots multi-trades demonstration project.
Subtitle D--Information Technology
Sec. 331. Performance-based and results-based management requirements
for Chief Information Officers of Department of Defense.
Subtitle E--Other Matters
Sec. 341. Cataloging and standardization for defense supply management.
Sec. 342. Space-available transportation for dependents of members
assigned to overseas duty locations for continuous period
in excess of one year.
Sec. 343. Preservation of Air Force Reserve weather reconnaissance
mission.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2004 limitation on non-dual status technicians.
Sec. 415. Permanent limitations on number of non-dual status
technicians.
Subtitle C--Authorizations of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--General and Flag Officer Matters
Sec. 501. Standardization of qualifications for appointment as service
chief.
Subtitle B--Other Officer Personnel Policy Matters
Sec. 511. Repeal of prohibition on transfer between line of the Navy
and Navy staff corps applicable to regular Navy officers
in grades above lieutenant commander.
Sec. 512. Retention of health professions officers to fulfill active-
duty service commitments following promotion
nonselection.
Sec. 513. Increased flexibility for voluntary retirement for military
officers.
Subtitle C--Reserve Component Matters
Sec. 521. Streamlined process for continuation of officers on the
reserve active-status list.
Sec. 522. Consideration of reserve officers for position vacancy
promotions in time of war or national emergency.
Sec. 523. Simplification of determination of annual participation for
purposes of Ready Reserve training requirements.
Sec. 524. Authority for delegation of required secretarial special
finding for placement of certain retired members in Ready
Reserve.
Sec. 525. Authority to provide expenses of Army and Air Staff personnel
and National Guard Bureau personnel attending national
conventions of certain military associations.
Subtitle D--Military Education and Training
Sec. 531. Authority for the Marine Corps University to award the degree
of master of operational studies.
Sec. 532. Expanded educational assistance authority for cadets and
midshipmen receiving ROTC scholarships.
Sec. 533. Increase in allocation of scholarships under Army Reserve
ROTC scholarship program to students at military junior
colleges.
Sec. 534. Inclusion of accrued interest in amounts that may be repaid
under Selected Reserve critical specialties education
loan repayment program.
Sec. 535. Authority for nonscholarship senior ROTC sophomores to
voluntarily contract for and receive subsistence
allowance.
Sec. 536. Appointments to military service academies from nominations
made by delegates from Guam, Virgin Islands, and American
Samoa.
Sec. 537. Readmission to service academies of certain former cadets and
midshipmen.
Sec. 538. Authorization for Naval Postgraduate School to provide
instruction to enlisted members participating in certain
programs.
Sec. 539. Defense task force on sexual harassment and violence at the
military service academies.
Subtitle E--Administrative Matters
Sec. 541. Enhancements to high-tempo personnel program.
Sec. 542. Enhanced retention of accumulated leave for high-deployment
members.
Sec. 543. Standardization of time-in-service requirements for voluntary
retirement of members of the Navy and Marine Corps with
Army and Air Force requirements.
Sec. 544. Standardization of statutory authorities for exemptions from
requirement for access to secondary schools by military
recruiters.
Sec. 545. Procedures for consideration of applications for award of the
Purple Heart medal to veterans held as prisoners of war
before April 25, 1962.
Sec. 546. Authority for reserve and retired regular officers to hold
State and local elective office notwithstanding call to
active duty.
Sec. 547. Clarification of offense under the Uniform Code of Military
Justice relating to drunken or reckless operation of a
vehicle, aircraft, or vessel.
Sec. 548. Public identification of casualties no sooner than 24 hours
after notification of next-of-kin.
Subtitle F--Benefits
Sec. 551. Additional classes of individuals eligible to participate in
the Federal long-term care insurance program.
Sec. 552. Authority to transport remains of retirees and retiree
dependents who die in military treatment facilities
outside the United States.
[[Page H4421]]
Sec. 553. Eligibility for dependents of certain mobilized reservists
stationed overseas to attend defense dependents schools
overseas.
Subtitle G--Other Matters
Sec. 561. Extension of requirement for exemplary conduct by commanding
officers and others in authority to include civilians in
authority in the Department of Defense.
Sec. 562. Recognition of military families.
Sec. 563. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 564. Permanent authority for support for certain chaplain-led
military family support programs.
Sec. 565. Department of Defense-Department of Veterans Affairs Joint
Executive Committee.
Sec. 566. Limitation on aviation force structure changes in the
Department of the Navy.
Sec. 567. Impact-aid eligibility for heavily impacted local educational
agencies affected by privitization of military housing.
Sec. 568. Investigation into the 1991 death of Marine Corps Colonel
James E. Sabow.
Subtitle H--Domestic Violence
Sec. 571. Travel and transportation for dependents relocating for
reasons of personal safety.
Sec. 572. Commencement and duration of payment of transitional
compensation.
Sec. 573. Flexibility in eligibility for transitional compensation.
Sec. 574. Types of administrative separations triggering coverage.
Sec. 575. On-going review group.
Sec. 576. Resources for Department of Defense implementation
organization.
Sec. 577. Fatality reviews.
Sec. 578. Sense of Congress.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2004.
Sec. 602. Computation of basic pay rate for commissioned officers with
prior enlisted or warrant officer service.
Sec. 603. Special subsistence allowance authorities for members
assigned to high-cost duty location or under other unique
and unusual circumstances.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Computation of hazardous duty incentive pay for demolition
duty and parachute jumping by members of reserve
components entitled to compensation under section 206 of
title 37.
Sec. 616. Availability of hostile fire and imminent danger pay for
reserve component members on inactive duty.
Sec. 617. Expansion of overseas tour extension incentive program to
officers.
Sec. 618. Eligibility of appointed warrant officers for accession bonus
for new officers in critical skills.
Sec. 619. Incentive pay for duty on ground in Antarctica or on Arctic
icepack.
Sec. 620. Special pay for service as member of Weapons of Mass
Destruction Civil Support Team.
Sec. 621. Incentive bonus for agreement to serve in critically short
military occupational specialty.
Sec. 622. Increase in rate for imminent danger pay and family
separation allowance related to service in Operation
Iraqi Freedom or Operation Enduring Freedom.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Shipment of privately owned motor vehicle within continental
United States.
Sec. 632. Payment or reimbursement of student baggage storage costs for
dependent children of members stationed overseas.
Sec. 633. Reimbursement for lodging expenses of certain reserve
component and retired members during authorized leave
from temporary duty location.
Subtitle D--Retired Pay and Survivors Benefits
Sec. 641. Funding for special compensation authorities for Department
of Defense retirees.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 651. Expanded commissary access for Selected Reserve members,
reserve retirees under age 60, and their dependents.
Sec. 652. Defense commissary system and exchange stores system.
Sec. 653. Limitations on private operation of defense commissary store
functions.
Sec. 654. Use of appropriated funds to operate defense commissary
system.
Sec. 655. Recovery of nonappropriated fund instrumentality and
commissary store investments in real property at military
installations closed or realigned.
Sec. 656. Commissary shelf-stocking pilot program.
Subtitle F--Other Matters
Sec. 661. Repeal of congressional notification requirement for
designation of critical military skills for retention
bonus.
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Revision of Department of Defense medicare-eligible retiree
health care fund to permit more accurate actuarial
valuations.
Sec. 702. Transfer of certain members from pharmacy and therapeutics
committee to Uniform Formulary Beneficiary Advisory Panel
under the pharmacy benefits program.
Sec. 703. Permanent extension of authority to enter into personal
services contracts for the performance of health care
responsibilities at locations other than military medical
treatment facilities.
Sec. 704. Plan for providing health coverage information to members,
former members, and dependents eligible for certain
health benefits.
Sec. 705. Working group on military health care for persons reliant on
health care facilities at military installations to be
closed or realigned.
Sec. 706. Acceleration of implementation of chiropractic health care
for members on active duty.
Sec. 707. Medical and dental screening for members of selected reserve
units alerted for mobilization.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Extension of authority to carry out certain prototype
projects.
Sec. 802. Elimination of certain subcontract notification requirements.
Sec. 803. Elimination of requirement to furnish written assurances of
technical data conformity.
Sec. 804. Limitation period for task and delivery order contracts.
Sec. 805. Additional authorities relating to obtaining personal
services.
Sec. 806. Evaluation of prompt payment provisions.
Subtitle B--United States Defense Industrial Base Provisions
Part I--Critical Items Identification and Domestic Production
Capabilities Improvement Program
Sec. 811. Assessment of United States defense industrial base
capabilities.
Sec. 812. Identification of critical items: military system breakout
list.
Sec. 813. Procurement of certain critical items from American sources.
Sec. 814. Production capabilities improvement for certain critical
items using Defense Industrial Base Capabilities Fund.
Part II--Requirements Relating to Specific Items
Sec. 821. Domestic source limitation for certain additional items.
Sec. 822. Requirements relating to buying commercial items containing
specialty metals from American sources.
Sec. 823. Elimination of unreliable sources of defense items and
components.
Sec. 824. Congressional notification required before exercising
exception to requirement to buy specialty metals from
American sources.
Sec. 825. Repeal of authority for foreign procurement of para-aramid
fibers and yarns.
Sec. 826. Requirement for major defense acquisition programs to use
machine tools entirely produced within the United States.
Part III--General Provisions
Sec. 831. Definitions.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Change in title of Secretary of the Navy to Secretary of the
Navy and Marine Corps.
Sec. 902. Redesignation of National Imagery and Mapping Agency as
National Geospatial-intelligence Agency.
Sec. 903. Pilot program for provision of space surveillance network
services to non-United States governmental entities.
Sec. 904. Clarification of responsibility of military departments to
support combatant commands.
Sec. 905. Biennial review of national military strategy by Chairman of
the Joint Chiefs of Staff.
Sec. 906. Authority for acceptance by Asia-Pacific Center for Security
Studies of gifts and donations from nonforeign sources.
Sec. 907. Repeal of rotating chairmanship of Economic Adjustment
Committee.
Sec. 908. Pilot program for improved civilian personnel management.
[[Page H4422]]
Sec. 909. Extension of certain authorities applicable to the Pentagon
Reservation to include designated Pentagon continuity-of-
government locations.
Sec. 910. Defense acquisition workforce reductions.
Sec. 911. Required force structure.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authorization of supplemental appropriations for fiscal year
2003.
Sec. 1003. Authority to transfer procurement funds for a major defense
acquisition program for continued development work on
that program.
Sec. 1004. Restoration of authority to enter into 12-month leases at
any time during the fiscal year.
Sec. 1005. Authority for retention of additional amounts realized from
energy cost savings.
Sec. 1006. Repeal of requirement for two-year budget cycle for the
Department of Defense.
Sec. 1007. Authority to provide reimbursement for use of personal
cellular telephones when used for official government
business.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Repeal of requirement regarding preservation of surge
capability for naval surface combatants.
Sec. 1012. Enhancement of authority relating to use for experimental
purposes of vessels stricken from Naval Vessel Register.
Sec. 1013. Authorization for transfer of vessels stricken from Naval
Vessel Register for use as artificial reefs.
Sec. 1014. Pilot program for sealift ship construction.
Subtitle C--Reports
Sec. 1021. Repeal and modification of various reporting requirements
applicable to the Department of Defense.
Sec. 1022. Report on Operation Iraqi Freedom.
Sec. 1023. Report on Department of Defense post-conflict activities in
Iraq.
Sec. 1024. Report on development of mechanisms to better connect
Department of Defense space capabilities to the war
fighter.
Subtitle D--Procurement of Defense Biomedical Countermeasures
Sec. 1031. Research and development of defense biomedical
countermeasures.
Sec. 1032. Procurement of defense biomedical countermeasures.
Sec. 1033. Authorization for use of medical products in emergencies.
Subtitle E--Other Matters
Sec. 1041. Codification and revision of defense counterintelligence
polygraph program authority.
Sec. 1042. Codification and revision of limitation on modification of
major items of equipment scheduled for retirement or
disposal.
Sec. 1043. Additional definitions for purposes of title 10, United
States Code.
Sec. 1044. Inclusion of annual military construction authorization
request in annual defense authorization request.
Sec. 1045. Technical and clerical amendments.
Sec. 1046. Authority to provide living quarters for certain students in
cooperative and summer education programs of the National
Security Agency.
Sec. 1047. Use of drug interdiction and counter-drug funds to support
activities of the Government of Colombia.
Sec. 1048. Authority for joint task forces to provide support to law
enforcement agencies conducting counter-terrorism
activities.
Sec. 1049. Use of National Driver Register for personnel security
investigations and determinations.
Sec. 1050. Protection of operational files of the National Security
Agency.
Sec. 1051. Assistance for study of feasibility of biennial
international air trade show in the United States and for
initial implementation.
Sec. 1052. Continuation of reasonable access to military installations
for personal commercial solicitation.
Sec. 1053. Commission on Nuclear Strategy of the United States.
Sec. 1054. Extension of Counterproliferation Program Review Committee.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A--Department of Defense Civilian Personnel Generally
Sec. 1101. Modification of the overtime pay cap.
Sec. 1102. Military leave for mobilized Federal civilian employees.
Sec. 1103. Common occupational and health standards for differential
payments as a consequence of exposure to asbestos.
Sec. 1104. Increase in annual student loan repayment authority.
Sec. 1105. Authorization for cabinet secretaries, secretaries of
military departments, and heads of executive agencies to
be paid on a biweekly basis.
Sec. 1106. Senior executive service and performance.
Sec. 1107. Design elements of pay-for-performance systems in
demonstration projects.
Sec. 1108. Federal flexible benefits plan administrative costs.
Sec. 1109. Clarification to Hatch Act; limitation on disclosure of
certain records.
Sec. 1110. Employee surveys.
Subtitle B--Department of Defense National Security Personnel System
Sec. 1111. Department of Defense national security personnel system.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Expansion of authority to provide administrative support and
services and travel and subsistence expenses for certain
foreign liaison officers.
Sec. 1202. Recognition of superior noncombat achievements or
performance by members of friendly foreign forces and
other foreign nationals.
Sec. 1203. Expansion of authority to waive charges for costs of
attendance at George C. Marshall European Center for
Security Studies.
Sec. 1204. Identification of goods and technologies critical for
military superiority.
Sec. 1205. Report on acquisition by Iraq of advanced weapons.
Sec. 1206. Authority for check cashing and currency exchange services
to be provided to foreign military members participating
in certain activities with United States forces.
Sec. 1207. Requirements for transfer to foreign countries of certain
specified types of excess aircraft.
Sec. 1208. Limitation on number of United States military personnel in
Colombia.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds until certain permits obtained.
Sec. 1304. Limitation on use of funds for biological research in the
former Soviet Union.
Sec. 1305. Authority and funds for nonproliferation and disarmament.
Sec. 1306. Requirement for on-site managers.
Sec. 1307. Provisions relating to funding for chemical weapons
destruction facility in Russia.
TITLE XIV--SERVICES ACQUISITION REFORM
Sec. 1401. Short title.
Sec. 1402. Executive agency defined.
Subtitle A--Acquisition Workforce and Training
Sec. 1411. Definition of acquisition.
Sec. 1412. Acquisition workforce training fund.
Sec. 1413. Acquisition workforce recruitment program.
Sec. 1414. Architectural and engineering acquisition workforce.
Subtitle B--Adaptation of Business Acquisition Practices
Part I--Adaptation of Business Management Practices
Sec. 1421. Chief Acquisition Officers.
Sec. 1422. Chief Acquisition Officers Council.
Sec. 1423. Statutory and regulatory review.
Part II--Other Acquisition Improvements
Sec. 1426. Extension of authority to carry out franchise fund programs.
Sec. 1427. Agency acquisition protests.
Sec. 1428. Improvements in contracting for architectural and
engineering services.
Sec. 1429. Authorization of telecommuting for Federal contractors.
Subtitle C--Contract Incentives
Sec. 1431. Incentives for contract efficiency.
Subtitle D--Acquisitions of Commercial Items
Sec. 1441. Preference for performance-based contracting.
Sec. 1442. Authorization of additional commercial contract types.
Sec. 1443. Clarification of commercial services definition.
Sec. 1444. Designation of commercial business entities.
Subtitle E--Other Matters
Sec. 1451. Authority to enter into certain procurement-related
transactions and to carry out certain prototype projects.
Sec. 1452. Authority to make inflation adjustments to simplified
acquisition threshold.
Sec. 1453. Technical corrections related to duplicative amendments.
Sec. 1454. Prohibition on use of quotas.
Sec. 1455. Applicability of certain provisions to sole source contracts
for goods and services treated as commercial items.
Sec. 1456. Public disclosure of noncompetitive contracting for the
reconstruction of infrastructure in Iraq.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2002 projects.
[[Page H4423]]
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorization of certain fiscal year 2001
project.
Sec. 2703. Extension of authorizations of certain fiscal year 2000
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in maximum amount of authorized annual emergency
construction.
Sec. 2802. Authority to lease military family housing units in Italy.
Sec. 2803. Changes to alternative authority for acquisition and
improvement of military housing.
Sec. 2804. Additional material for annual report on housing
privatization program.
Sec. 2805. Authority to convey property at military installations
closed or to be closed in exchange for military
construction activities.
Sec. 2806. Congressional notification and reporting requirements and
limitations regarding use of operation and maintenance
funds for construction.
Sec. 2807. Increase in authorized maximum lease term for family housing
and other facilities in certain foreign countries.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Real property transactions.
Subtitle C--Land Conveyances
Sec. 2821. Termination of lease and conveyance of Army Reserve
facility, Conway, Arkansas.
Sec. 2822. Actions to quiet title, Fallin Waters Subdivision, Eglin Air
Force Base, Florida.
Sec. 2823. Modification of land conveyance, Eglin Air Force Base,
Florida.
Sec. 2824. Land conveyance, Fort Campbell, Kentucky and Tennessee.
Sec. 2825. Land conveyance, Army and Air Force Exchange Service
Property, Dallas, Texas.
Sec. 2826. Land conveyance, Naval Reserve Center, Orange, Texas.
Subtitle D--Other Matters
Sec. 2841. Redesignation of Yuma Training Range Complex as Bob Stump
Training Range Complex.
Sec. 2842. Modification of authority to conduct a round of realignments
and closures of military installations in 2005.
Sec. 2843. Use of force-structure plan for the Armed Forces in
preparation of selection criteria for base closure round.
Sec. 2844. Requirement for unanimous vote of Defense Base Closure and
Realignment Commission to recommend closure of military
installations not recommended for closure by Secretary of
Defense.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy supply.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Modification of prohibition relating to low-yield nuclear
weapons.
Sec. 3112. Termination of requirement for annual updates of long-term
plan for nuclear weapons stockpile life extension
program.
Sec. 3113. Extension to all DOE facilities of authority to prohibit
dissemination of certain unclassified information.
Sec. 3114. Department of Energy project review groups not subject to
Federal Advisory Committee Act by reason of inclusion of
employees of Department of Energy management and
operating contractors.
Sec. 3115. Availability of funds.
Sec. 3116. Limitation on obligation of funds for Nuclear Test Readiness
program.
Sec. 3117. Requirement for on-site managers.
Subtitle C--Consolidation of National Security Provisions
Sec. 3121. Transfer and consolidation of recurring and general
provisions on Department of Energy national security
programs.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to objectives for receipts for fiscal year 2000
disposals.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--General Provisions
Sec. 3501. Short title.
Sec. 3502. Definitions.
Subtitle B--Maritime Security Fleet
Sec. 3511. Establishment of Maritime Security Fleet.
Sec. 3512. Award of operating agreements.
Sec. 3513. Effectiveness of operating agreements.
Sec. 3514. Obligations and rights under operating agreements.
Sec. 3515. Payments.
Sec. 3516. National security requirements.
Sec. 3517. Regulatory relief.
Sec. 3518. Special rule regarding age of former participating fleet
vessel.
Sec. 3519. Authorization of appropriations.
Sec. 3520. Amendment to Shipping Act, 1916.
Sec. 3521. Regulations.
Sec. 3522. Repeals and conforming amendments.
Sec. 3523. Effective dates.
Subtitle C--National Defense Tank Vessel Construction Assistance
Sec. 3531. National defense tank vessel construction program.
Sec. 3532. Application procedure.
Sec. 3533. Award of assistance.
Sec. 3534. Priority for title XI assistance.
Sec. 3535. Authorization of appropriations.
Subtitle D--Maritime Administration Authorization
Sec. 3541. Authorization of appropriations for Maritime Administration
for fiscal year 2004.
Sec. 3542. Authority to convey vessel USS HOIST (ARS-40).
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for procurement for the Army as follows:
(1) For aircraft, $2,194,585,000.
(2) For missiles, $1,594,662,000.
(3) For weapons and tracked combat vehicles,
$2,197,404,000.
(4) For ammunition, $1,428,966,000.
(5) For other procurement, $4,321,496,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2004 for procurement for the Navy as follows:
(1) For aircraft, $9,050,048,000.
(2) For weapons, including missiles and torpedoes,
$2,529,821,000.
(3) For ammunition, $963,355,000.
(4) For shipbuilding and conversion, $11,472,384,000.
(5) For other procurement, $4,614,892,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2004 for procurement for the
Marine Corps in the amount of $1,154,299,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for procurement for the Air Force as follows:
(1) For aircraft, $12,604,451,000.
(2) For ammunition, $1,324,725,000.
(3) For missiles, $4,348,039,000.
(4) For other procurement, $11,376,059,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for Defense-wide procurement in the amount of
$3,734,821,000.
Subtitle B--Army Programs
SEC. 111. STRYKER VEHICLE PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated
under section 101 for procurement for the Army for fiscal
year 2004 that are
[[Page H4424]]
available for the Stryker vehicle program, not more than
$655,000,000 may be obligated until--
(1) the Secretary of the Army has submitted to the Deputy
Secretary of Defense the report specified in subsection (b);
(2) the Secretary of Defense has submitted to the
congressional defense committees the report and certification
referred to in subsection (c); and
(3) a period of 30 days has elapsed after the date of the
receipt by those committees of the report and certification
under paragraph (2).
(b) Secretary of the Army Report.--The report referred to
in subsection (a)(1) is the report required to be submitted
by the Secretary of the Army to the Deputy Secretary of
Defense not later than July 8, 2003, that identifies options
for modifications to the equipment and configuration of the
Army brigade designated as ``Stryker brigades'' to assure
that those brigades, after incorporating such modifications,
provide--
(1) a higher level of combat capability and sustainability;
(2) a capability across a broader spectrum of combat
operations; and
(3) a capability to be employed independently of higher-
level command formations and support.
(c) Secretary of Defense Report and Certification.--The
Secretary of Defense shall transmit to the congressional
defense committees not later than 30 days after the date of
the receipt by the Deputy Secretary of Defense of the report
of the Secretary of the Army referred to in subsection (b),
the modification options identified by the Secretary of the
Army for purposes of that report. The Secretary of Defense
shall include any comments that may be applicable to the
analysis of the Secretary of the Army's report and shall
certify to the committees whether in the Secretary's judgment
fielding the fourth Stryker brigade as planned by the Army in
a different configuration from the first three such brigades
will fulfill the three objectives set forth in subsection
(b).
(d) Authorized Use of Remainder of Funds.--The funds
authorized to be appropriated for procurement for the Army
for fiscal year 2004 that are available for the Stryker
vehicle program and that become available for obligation upon
the conditions of subsection (a) being met shall be obligated
either--
(1) to develop, procure, and field equipment and
capabilities for the fourth Stryker brigade combat team that
would accelerate the options for modifications to enhance
Stryker brigades identified in subsection (b); or
(2) for the equipment identified in the fiscal year 2004
budget request to be procured for the fourth Stryker brigade,
if the Secretary of Defense, after reviewing the Secretary of
Army's report under subsection (b), determines that the
current configuration of the fourth Stryker brigade meets the
criteria in paragraphs (1) through (3) of subsection (b) and
certifies to the congressional defense committees that the
equipment identified in the fiscal year 2004 budget request
to be procured for the fourth Stryker brigade provides those
capabilities.
(e) Limitations.--(1) In obligating funds in accordance
with either paragraph (1) or paragraph (2) of subsection (d),
no action may be taken that would delay, hinder, or otherwise
disrupt the current production and fielding schedule for the
fourth Stryker brigade.
(2) Notwithstanding any other provision of this section,
all funds authorized to be appropriated under section 101 for
procurement for the Army for fiscal year 2004 that are
available for the Stryker vehicle program shall be used
exclusively to develop, procure, and field Stryker combat
vehicles.
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18 AIRCRAFT
PROGRAM.
The Secretary of the Navy may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear
contract, beginning with the fiscal year 2005 program year,
for procurement of aircraft in the F/A-18E, F/A-18F, and EA-
18G configurations. The total number of aircraft procured
through a multiyear contract under this section may not
exceed 234.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR TACTICAL
TOMAHAWK CRUISE MISSILE PROGRAM.
The Secretary of the Navy may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear
contract, beginning with the fiscal year 2004 program year,
for procurement of Tactical Tomahawk cruise missiles. The
total number of missiles procured through a multiyear
contract under this section shall be determined by the
Secretary of the Navy, based upon the funds available, but
not to exceed 900 in any year.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS
SUBMARINE PROGRAM.
(a) Authority.--The Secretary of the Navy may, in
accordance with section 2306b of title 10, United States
Code, enter into a multiyear contract, beginning with the
fiscal year 2004 program year, for procurement of seven
Virginia-class submarines.
(b) Limitation.--The Secretary of the Navy may not enter
into a contract authorized by subsection (a) until--
(1) the Secretary submits to the congressional defense
committees a certification that the Secretary has made each
of the findings with respect to such contract specified in
subsection (a) of section 2306b of title 10, United States
Code; and
(2) a period of 30 days has elapsed after the date of the
transmission of such certification.
SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR E-2C AIRCRAFT
PROGRAM.
(a) Aircraft.--The Secretary of the Navy may, in accordance
with section 2306b of title 10, United States Code, enter
into a multiyear contract, beginning with the fiscal year
2004 program year, for procurement of four E-2C and four TE-
2C aircraft.
(b) Engines.--The Secretary of the Navy may, in accordance
with section 2306b of title 10, United States Code, enter
into a multiyear contract, beginning with the fiscal year
2004 program year, for procurement of 16 engines for aircraft
in the E-2C or TE-2C configuration.
(c) Limitation on Term of Contracts.--Notwithstanding
subsection (k) of section 2306b of title 10, United States
Code, a contract under this section may not be for a period
in excess of four program years.
SEC. 125. LPD-17 CLASS VESSEL.
If after May 7, 2003, there is enacted an Act making
supplemental appropriations for the Department of Defense for
fiscal year 2003 that includes appropriation of an amount for
procurement of Tomahawk cruise missiles for the Navy, then--
(1) the amount provided in section 102 for procurement of
weapons for the Navy is reduced by the amount so appropriated
or by $200,000,000, whichever is less, with such reduction to
be derived from amounts authorized for procurement of
Tomahawk cruise missiles; and
(2) the amount provided in section 102 for shipbuilding and
conversion is increased by the amount of the reduction under
paragraph (1), with the amount of such increase to be
available for advance procurement of long-lead items,
including the advance fabrication of components, for one LPD-
17 class vessel.
Subtitle D--Air Force Programs
SEC. 131. AIR FORCE AIR REFUELING TRANSFER ACCOUNT.
(a) Transfer Account.--There is hereby established an
account for the Department of the Air Force to be known as
the Air Force Air Refueling Transfer Account. Amounts in such
account may be used in accordance with subsection (c).
(b) Authorization of Appropriations.--Within the amount
provided in section 103(1), there is authorized to be
appropriated to the Air Force Air Refueling Transfer Account
for fiscal year 2004 the amount of $229,200,000.
(c) Authorized Use of Funds.--Amounts in the Air Force Air
Refueling Transfer Account may be used for any of the
following purposes, as determined by the Secretary of the Air
Force:
(1) Necessary expenses for fiscal year 2004 to prepare for
leasing of tanker aircraft under section 8159 of the
Department of Defense Appropriations Act, 2002 (division A of
Public Law 107-117; 115 Stat. 2284; 10 U.S.C. 2401a note).
(2) Necessary expenses for fiscal year 2004 to prepare for
purchase of tanker aircraft for the Air Force.
(3) Retaining in active service (rather than retiring) KC-
135E aircraft.
(4) Maintenance of equipment for KC-135 aircraft that was
purchased through a depot.
(d) Authorized Transfers.--Subject to subsections (e) and
(f), the Secretary of the Air Force may transfer funds in the
Air Force Air Refueling Transfer Account to appropriations of
the Air Force available for purposes set forth in subsection
(c), including appropriations available for procurement, for
research, development, test, and evaluation, for operation
and maintenance, and for military personnel (in the case of
retaining KC-135E aircraft in active service), in such
amounts as the Secretary determines necessary for such
purpose.
(e) Limitation.--Amounts appropriated to the Air Force Air
Refueling Transfer Account pursuant to the authorization of
appropriations in subsection (b) may not be used to enter
into a lease for tanker aircraft or to enter into a contract
for procurement of tanker aircraft.
(f) Notice to Congress.--A transfer of funds under
subsection (d) may not be made until--
(1) the Secretary of the Air Force notifies the
congressional defense committees in writing of the amount and
purpose of the proposed transfer, including each account to
which the transfer is to be made; and
(2) a period of 30 days has elapsed after the date on which
the notice is received by those committees.
SEC. 132. INCREASE IN NUMBER OF AIRCRAFT AUTHORIZED TO BE
PROCURED UNDER MULTIYEAR PROCUREMENT AUTHORITY
FOR AIR FORCE C-130J AIRCRAFT PROGRAM.
Section 131(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2475) is amended by striking ``40 C-130J aircraft''
and inserting ``42 C-130J aircraft''.
SEC. 133. LIMITATION ON RETIRING C-5 AIRCRAFT.
(a) Limitation.--The Secretary of the Air Force may not
proceed with a decision to retire C-5A aircraft from the
active inventory of the Air Force in any number that which
would reduce the total number of such aircraft in the active
inventory below 112 until--
(1) the Air Force has modified a C-5A aircraft to the
configuration referred to as the Reliability Enhancement and
Reengining Program (RERP) configuration, as planned under the
C-5 System Development and Demonstration program as of May 1,
2003; and
(2) the Director of Operational Test and Evaluation of the
Department of Defense--
(A) conducts an operational evaluation of that aircraft, as
so modified; and
(B) provides to the Secretary of Defense and the
congressional defense committees an operational assessment.
(b) Operational Evaluation.--An operational evaluation for
purposes of paragraph (2)(A) of subsection (a) is an
evaluation, conducted during operational testing and
evaluation of the aircraft, as so modified, of the
performance of the aircraft with respect to reliability,
maintainability, and availability and with respect to
critical operational issues
[[Page H4425]]
(c) Operational Assessment.--An operational assessment for
purposes of paragraph (2)(B) of subsection (a) is an
operational assessment of the program to modify C-5A aircraft
to the configuration referred to in subsection (a)(1)
regarding both overall suitability and deficiencies of the
program to improve performance of the C-5A aircraft relative
to requirements and specifications for reliability,
maintainability, and availability of that aircraft as in
effect on May 1, 2003.
SEC. 134. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT
OF F/A-22 AIRCRAFT.
(a) Limitation.--Of the amount appropriated for fiscal year
2004 for procurement of F/A-22 aircraft, $136,000,000 may not
be obligated until the Under Secretary of Defense for
Acquisition, Technology, and Logistics submits to the
congressional defense committees the Under Secretary's
certification that--
(1) the four primary aircraft designated to participate in
the dedicated initial operational test and evaluation program
for the F/A-22 aircraft have each been equipped with the
version of the avionics software operational flight program
that is designated as version 3.1.2 or a later version; and
(2) before the commencement of that dedicated initial
operational test and evaluation program, those four aircraft
(as so equipped) demonstrate, on average, an avionics
software mean time between instability events of at least 20
hours.
(b) Contingency Waiver Authority.--If the Under Secretary
notifies the Secretary of Defense that the Under Secretary is
unable to make the certification described in subsection (a),
the Secretary may waive the limitation under that subsection.
Upon making such a waiver--
(1) the Secretary of Defense shall notify the congressional
defense committees of the waiver and of the reasons therefor;
and
(2) the funds described in subsection (a) may then be
obligated, by reason of such waiver, after the end of the 30-
day period beginning on the date on which the Secretary's
notification is received by those committees.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $9,332,382,000.
(2) For the Navy, $14,343,360,000.
(3) For the Air Force, $20,548,867,000.
(4) For Defense-wide activities, $18,461,046,000, of which
$286,661,000 is authorized for the Director of Operational
Test and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2004.--Of the amounts authorized to be
appropriated by section 201, $10,893,077,000 shall be
available for the Defense Science and Technology Program,
including basic research, applied research, and advanced
technology development projects.
(b) Basic Research, Applied Research, and Advanced
Technology Development Defined.--For purposes of this
section, the term ``basic research, applied research, and
advanced technology development'' means work funded in
program elements for defense research and development under
Department of Defense category 6.1, 6.2, or 6.3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. COLLABORATIVE PROGRAM FOR DEVELOPMENT OF
ELECTROMAGNETIC GUN TECHNOLOGY.
(a) Program Required.--The Secretary of Defense shall
establish and carry out a collaborative program for
evaluation and demonstration of advanced technologies and
concepts for advanced gun systems that use electromagnetic
propulsion for direct and indirect fire applications.
(b) Description of Program.--The program under subsection
(a) shall be carried out collaboratively pursuant to a
memorandum of agreement to be entered into among the
Secretary of the Army, the Secretary of the Navy, and the
Director of the Defense Advanced Research Projects Agency.
The program shall include the following activities:
(1) Identification of technical objectives, quantified
technical barriers, and enabling technologies associated with
development of the objective electromagnetic gun systems
envisioned to meet the needs of each of the Armed Forces and,
in so doing, identification of opportunities for development
of components or subsystems common to those envisioned gun
systems.
(2) Preparation of a time-based plan for development of
electromagnetic gun systems for direct fire applications,
indirect fire applications, or both direct and indirect fire
applications (in the case of the Army and Marine Corps) and
for indirect fire applications (in the case of the Navy),
which--
(A) includes the programs currently planned by the Army and
by the Navy and demonstrates how the enabling technologies
common to such Army and Navy programs are used; and
(B) provides estimated dates for decision points, prototype
demonstrations, and transitions of successful cases from the
collaborative program under this section to an acquisition
program.
(3) For each of the enabling technologies common to the
Army and Navy programs, identification of whether lead
responsibility for developing that technology should be
assigned to the Secretary of the Army, the Secretary of the
Navy, or the Director, with the Director favored in cases in
which the technology is highly challenging or high risk, high
reward, and with each such Secretary favored in cases in
which that Secretary's military department possesses superior
expertise or experience with the technology.
(4) Identification of a strategy for the participation of
industry in the program.
(c) Matters Included.--The advanced technologies and
concepts included under the program may include, but are not
limited to, the following:
(1) Advanced electrical power, energy storage, and
switching systems.
(2) Electromagnetic launcher materials and construction
techniques for long barrel life.
(3) Guidance and control systems for electromagnetically
launched projectiles.
(4) Advanced projectiles and other munitions for
electromagnetic gun systems.
(5) Hypervelocity terminal effects.
(d) Relationship to Separate Programs of Military
Departments.--The Secretary of the Army and the Secretary of
the Navy shall carry out separate programs for the evaluation
and demonstration of advanced technologies and concepts for,
and for the further development and acquisition of, advanced
gun systems referred to in subsection (a). Each such
Secretary shall incorporate in that Secretary's program the
most promising of the technology products matured under the
program under subsection (a).
(e) Report.--Not later than March 31, 2004, the Secretary
of the Army, the Secretary of the Navy, and the Director of
the Defense Advanced Research Projects Agency shall jointly
submit a report to the congressional defense committees on
the implementation of the program under subsection (a). The
report shall include the following:
(1) A description of the memorandum of agreement entered
into under subsection (b).
(2) The time-based plan required by subsection (b)(2).
(3) A description of the goals and objectives of the
program.
(4) Identification of funding required for fiscal year 2004
and for the future years defense program to carry out the
program.
(5) A description of a plan for industry participation in
the program.
SEC. 212. AUTHORITY TO SELECT CIVILIAN EMPLOYEE OF DEPARTMENT
OF DEFENSE AS DIRECTOR OF DEPARTMENT OF DEFENSE
TEST RESOURCE MANAGEMENT CENTER.
Section 196(b)(1) of title 10, United States Code, is
amended--
(1) in the first sentence, by inserting before the period
at the end the following: ``or from among senior civilian
officials or employees of the Department of Defense who have
substantial experience in the field of test and evaluation'';
and
(2) in the second sentence, by striking ``vice admiral''
and inserting ``the grade of vice admiral, or, in the case of
a civilian official or employee, an equivalent level.''.
SEC. 213. DEVELOPMENT OF THE JOINT TACTICAL RADIO SYSTEM.
(a) Joint Program Office.--The Secretary of Defense shall
designate a single joint program office within the Department
of Defense for management of the Joint Tactical Radio System
development program. The Secretary shall provide for the head
of that office to be selected on a rotating basis from among
officers of different Armed Forces.
(b) Consolidated Program Elements.--The Secretary shall
provide that all funds for development and procurement of the
Joint Tactical Radio System program shall be consolidated
under and managed by the head of the joint program office
designated under subsection (a).
(c) Program Development.--The Secretary shall provide that,
subject to the authority, direction, and control of the
Secretary, the head of the joint program office designated
under subsection (a) shall--
(1) establish and control the performance specifications
for the Joint Tactical Radio System;
(2) establish and control the standards for development of
the software and equipment for that system;
(3) establish and control the standards for operation of
that system; and
(4) develop a single, unified concept of operations for all
users of that system.
SEC. 214. FUTURE COMBAT SYSTEMS.
(a) Limitation.--None of the funds authorized to be
appropriated under section 201(1) for development and
demonstration of systems for the Future Combat Systems
program may be obligated or expended until 30 days after the
Secretary of the Army submits to the congressional defense
committees a report on such program. The report shall include
the following:
(1) The findings and conclusions of--
(A) the review of the Future Combat Systems program carried
out by the independent panel at the direction of the
Secretary of Defense; and
(B) the milestone B review of the Future Combat Systems
program carried out by the defense acquisition board.
(2) For each of the key performance parameters relating to
the Future Combat Systems program, the threshold value at
which the utility of the individual systems comprising the
Future Combat Systems program become questionable.
(3) For each of the three projects requested under program
element 64645A, Armored Systems Modernization, a completed
analysis of alternatives.
(b) Separate Program Elements.--For fiscal years beginning
with 2004, the Secretary of Defense shall ensure that--
(1) each project under the Army's Future Combat Systems
program (whether in existence before, on, or after the date
of the enactment of this Act) is assigned a separate,
dedicated program element; and
(2) before such a program element is assigned to such a
project, an analysis of alternatives for such project is
completed.
[[Page H4426]]
SEC. 215. ARMY PROGRAM TO PURSUE TECHNOLOGIES LEADING TO THE
ENHANCED PRODUCTION OF TITANIUM BY THE UNITED
STATES.
(a) Efforts Required.--The Secretary of Defense shall--
(1) assess promising technologies leading to the enhanced
production of titanium by the United States; and
(2) select, on a competitive basis, the most viable such
technologies for research, development, and production.
(b) Executive Agent.--The Secretary of the Army shall serve
as executive agent in carrying out subsection (a).
(c) Funding.--Of the funds authorized to be appropriated by
section 201(1) for research, development, test, and
evaluation, Army, for fiscal year 2004, $8,000,000 shall be
available in program element 62624A to carry out this
section.
SEC. 216. EXTENSION OF REPORTING REQUIREMENT FOR RAH-66
COMANCHE AIRCRAFT PROGRAM.
Section 211 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2479)
is amended in subsection (a) by inserting ``and fiscal year
2004'' after ``fiscal year 2003''.
SEC. 217. STUDIES OF FLEET PLATFORM ARCHITECTURES FOR THE
NAVY.
(a) Independent Studies.--(1) The Secretary of Defense
shall provide for the performance of eight independent
studies on alternative future fleet platform architectures
for the Navy.
(2) The Secretary shall forward the results of each study
to the congressional defense committees not later than March
1, 2004.
(3) Each such study shall be submitted both in
unclassified, and to the extent necessary, in classified
versions.
(b) Entities to Perform Studies.--The Secretary of Defense
shall provide for the studies under subsection (a) to be
performed as follows:
(1) One shall be performed by the Secretary of the Navy,
using Department of the Navy personnel.
(2) Four shall be performed by qualified analytical
organizations external to Department of Defense.
(3) Three shall be performed by defense firms, or teams of
defense firms, in the private sector.
(c) Performance of Studies.--(1) The Secretary of Defense
shall require each entity undertaking one of the studies
under this section to commit to performing the study
independently from the other studies and, in the case of the
entities selected under paragraphs (2) and (3) of subsection
(b), independently from the Navy, so as to ensure independent
analysis.
(2) In performing a study under this section, the entity
performing the study shall consider the following:
(A) The National Security Strategy of the United States.
(B) Potential future threats to the United States and to
United States naval forces.
(C) The traditional roles and missions of United States
naval forces.
(D) Alternative roles and missions.
(E) The role of evolving technology on future naval forces.
(F) Opportunities for reduced manning and unmanned ships
and vehicles in future naval forces.
(3) Each entity performing a study under this section,
while cognizant of current overall fleet platform
architecture, shall not allow the current features of fleet
platform architecture to constrain the analysis for purposes
of that study.
(d) Naval Studies.--Each study under this section shall
present one or two possible overall fleet platform
architectures. For each such architecture presented, the
study shall include the following:
(1) The numbers, kinds, and sizes of vessels, the numbers
and types of associated manned and unmanned vehicles, and the
basic capabilities of each of those platforms.
(2) Other information needed to understand that
architecture in basic form and the supporting analysis.
(e) Costs.--Within the amount provided in section 201(2),
the amount of $1,600,000 is authorized, within Program
Element 65154N, for the purposes of this section.
Subtitle C--Ballistic Missile Defense
SEC. 221. ENHANCED FLEXIBILITY FOR BALLISTIC MISSILE DEFENSE
SYSTEMS.
(a) Flexibility for Specification of Program Elements.--
Subsection (a) of section 223 of title 10, United States
Code, is amended--
(1) by inserting ``by President'' in the subsection heading
after ``Specified'';
(2) by striking ``program elements governing functional
areas as follows:'' and inserting ``such program elements as
the President may specify.''; and
(3) by striking paragraphs (1) through (6).
(b) Conforming Amendments.--(1) Subsection (c) of such
section is amended by striking ``for each program element
specified in subsection (a)'' and inserting ``for a fiscal
year for any program element specified for that fiscal year
pursuant to subsection (a)''.
(2) Subsection (c)(3) of section 232 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1037; 10 U.S.C. 2431 note) is amended by
striking ``each functional area'' and all that follows
through ``subsection (b),'' and inserting ``each then-current
program element for ballistic missile defense systems in
effect pursuant to subsection (a) or (b)''.
(c) Amendments Relating to Changes in Acquisition
Terminology.--(1) Section 223(b)(2) of title 10, United
States Code, is amended by striking ``means the development
phase whose'' and inserting ``means the period in the course
of an acquisition program during which the''.
(2) Subsection (d)(1) of section 232 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1037; 10 U.S.C. 2431 note) is amended by
striking ``, as added by subsection (b)''.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $25,050,587,000.
(2) For the Navy, $27,901,790,000.
(3) For the Marine Corps, $3,517,756,000.
(4) For the Air Force, $25,434,460,000.
(5) For Defense-wide activities, $16,134,047,000.
(6) For the Army Reserve, $1,954,009,000.
(7) For the Naval Reserve, $1,171,921,000.
(8) For the Marine Corps Reserve, $199,452,000.
(9) For the Air Force Reserve, $2,170,188,000.
(10) For the Army National Guard, $4,194,331,000.
(11) For the Air National Guard, $4,404,646,000.
(12) For the United States Court of Appeals for the Armed
Forces, $10,333,000.
(13) For Environmental Restoration, Army, $396,018,000.
(14) For Environmental Restoration, Navy, $256,153,000.
(15) For Environmental Restoration, Air Force,
$384,307,000.
(16) For Environmental Restoration, Defense-wide,
$24,081,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $212,619,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(19) For Cooperative Threat Reduction programs,
$450,800,000.
(20) United States Industrial Base Capabilities Fund,
$100,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds, $632,261,000.
(2) For the National Defense Sealift Fund, $1,102,762,000.
(3) For the Defense Commissary Agency Working Capital Fund,
$1,089,246,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year
2004 for expenses, not otherwise provided for, for the
Defense Health Program, $15,317,063,000, of which--
(1) $14,923,441,000 is for Operation and Maintenance;
(2) $65,796,000 is for Research, Development, Test, and
Evaluation; and
(3) $327,826,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Defense.--
(1) Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2004 for expenses, not
otherwise provided for, for Chemical Agents and Munitions
Destruction, Defense, $1,580,261,000, of which--
(A) $1,249,168,000 is for Operation and Maintenance;
(B) $251,881,000 is for Research, Development, Test, and
Evaluation; and
(C) $79,212,000 is for Procurement.
(2) Amounts authorized to be appropriated under paragraph
(1) are authorized for--
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
(c) Drug Interdiction and Counter-Drug Activities, Defense-
wide.--Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2004 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, $817,371,000.
(d) Defense Inspector General.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal
year 2004 for expenses, not otherwise provided for, for the
Office of the Inspector General of the Department of Defense,
$162,449,000.
Subtitle B--Environmental Provisions
SEC. 311. REAUTHORIZATION AND MODIFICATION OF TITLE I OF
SIKES ACT.
(a) Reauthorization.--Section 108 of the Sikes Act (16
U.S.C. 670f) is amended by striking ``fiscal years 1998
through 2003'' each place it appears and inserting ``fiscal
years 2004 through 2008''.
(b) Sense of Congress Regarding Section 107.--(1) Congress
finds the following:
(A) The Department of Defense maintains over 25,000,000
acres of valuable fish and wildlife habitat on approximately
400 military installations nationwide.
(B) These lands contain a wealth of plant and animal life,
vital wetlands for migratory birds, and nearly 300 federally
listed threatened species and endangered species.
(C) Increasingly, land surrounding military bases are being
developed with residential and commercial infrastructure that
fragments fish and wildlife habitat and decreases its ability
to support a diversity of species.
(D) Comprehensive conservation plans, such as integrated
natural resource management
[[Page H4427]]
plans under the Sikes Act (16 U.S.C. 670 et seq.), can ensure
that these ecosystem values can be protected and enhanced
while allowing these lands to meet the needs of military
operations.
(E) Section 107 of the Sikes Act (16 U.S.C. 670e-2)
requires sufficient numbers of professionally trained natural
resources management personnel and natural resources law
enforcement personnel to be available and assigned
responsibility to perform tasks necessary to carry out title
I of the Sikes Act, including the preparation and
implementation of integrated natural resource management
plans.
(F) Managerial and policymaking functions performed by
Department of Defense on-site professionally trained natural
resource management personnel on military installations are
appropriate governmental functions.
(G) Professionally trained civilian biologists in permanent
Federal Government career managerial positions are essential
to oversee fish and wildlife and natural resource
conservation programs are essential to the conservation of
wildlife species on military land.
(2) It is the sense of Congress that the Secretary of
Defense should take whatever steps are necessary to ensure
that section 107 of the Sikes Act (16 U.S.C. 670e-2) is fully
implemented consistent with the findings made in paragraph
(1).
(c) Pilot Program for Invasive Species Management for
Military Installations.--(1) Section 101(b)(1) of the Sikes
Act (16 U.S.C. 670a(b)(1)) is amended by redesignating
subparagraphs (D) through (J) in order as subparagraphs (E)
through (K), and by inserting after subparagraph (C) the
following:
``(D) during fiscal years 2004 through 2008, in the case of
a plan for a military installation in Guam, management,
control, and eradication of invasive species that are not
native to the ecosystem of the military installation and the
introduction of which cause or may cause harm to military
readiness, the environment, the economy, or human health and
safety;''.
(2) The amendment made by paragraph (1) shall apply--
(A) to any integrated natural resources management plan
prepared for a military installation in Guam under section
101(a)(1) of the Sikes Act (16 U.S.C. 670a(a)(1)) on or after
the date of the enactment of this Act; and
(B) to any integrated natural resources management plan
prepared for a military installation in Guam under section
101(a)(1) of the Sikes Act (16 U.S.C. 670a(a)(1)) before the
date of the enactment of this Act, effective March 1, 2004.
SEC. 312. AUTHORIZATION FOR DEFENSE PARTICIPATION IN WETLAND
MITIGATION BANKS.
(a) In General.--Chapter 159 of title 10, United States
Code, is amended by inserting after section 2694a the
following new section:
``Sec. 2694b. Participation in wetland mitigation banks
``(a) Authority to Participate.--The Secretary of a
military department, and the Secretary of Defense with
respect to matters concerning a Defense Agency, when engaged
in an authorized activity that may or will result in the
destruction of, or an adverse impact to, a wetland, may make
payments to a wetland mitigation banking program or `in-lieu-
fee' mitigation sponsor approved in accordance with the
Federal Guidance for the Establishment, Use and Operation of
Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995) or
the Federal Guidance on the Use of In-Lieu-Fee Arrangements
for Compensatory Mitigation Under Section 404 of the Clean
Water Act and Section 10 of the Rivers and Harbors Act (65
Fed. Reg. 66913; November 7, 2000), or any successor
administrative guidance.
``(b) Alternative to Creation of Wetland.--Participation in
a wetland mitigation banking program or consolidated user
site under subsection (a) shall be in lieu of mitigating
wetland impacts through the creation of a wetland on Federal
property.
``(c) Treatment of Payments.--Payments made under
subsection (a) to a wetland mitigation banking program or
consolidated user site may be treated as eligible project
costs for military construction.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2694a the following new item:
``2694b. Participation in wetland mitigation banks.''.
SEC. 313. INCLUSION OF ENVIRONMENTAL RESPONSE EQUIPMENT AND
SERVICES IN NAVY DEFINITIONS OF SALVAGE
FACILITIES AND SALVAGE SERVICES.
(a) Salvage Facilities.--Section 7361 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(e) Salvage Facilities Defined.--In this section, the
term `salvage facilities' includes equipment and gear
utilized to prevent, abate, or minimize damage to the
environment in connection with a marine salvage operation.''.
(b) Settlement of Claims for Salvage Services.--Section
7363 of such title is amended--
(1) by inserting ``(a) Authority to Settle Claim.--''
before ``The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Salvage Services Defined.--In this section, the term
`salvage services' includes services performed in connection
with a marine salvage operation that are intended to prevent,
abate, or minimize damage to the environment.''.
SEC. 314. CLARIFICATION OF DEPARTMENT OF DEFENSE RESPONSE TO
ENVIRONMENTAL EMERGENCIES.
(a) Transportation of Humanitarian Relief Supplies to
Respond to Environmental Emergencies.--Section 402 of title
10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Response to Environmental Emergencies.--The authority
of the Secretary of Defense to transport humanitarian relief
supplies under this section includes the authority to
transport supplies intended for use to respond to, or
mitigate the effects of, an event or condition, such as an
oil spill, that threatens serious harm to the environment.''.
(b) Conditions on Provision of Transportation.--Subsection
(b) of such section is amended--
(1) in paragraph (1)(C), by inserting ``or entity'' after
``people'';
(2) in paragraph (1)(E), by inserting ``or use'' after
``distribution''; and
(3) in paragraph (3), by striking ``donor to ensure that
supplies to be transported under this section'' and inserting
``entity requesting the transport of supplies under this
section to ensure that the supplies''.
(c) Provision of Disaster Assistance.--Section 404 of such
title is amended--
(1) in subsection (a), by inserting ``or serious harm to
the environment'' after ``loss of lives''; and
(2) in subsection (c)(2), by inserting ``or the
environment'' after ``human lives''.
(d) Provision of Humanitarian Assistance.--Section 2561(a)
of such title is amended--
(1) by inserting ``(1)'' before ``To the extent''; and
(2) by adding at the end the following new paragraph
``(2) The authority of the Department of Defense to provide
humanitarian assistance under this section includes the
authority to transport supplies or provide assistance
intended for use to respond to, or mitigate the effects of,
an event or condition, such as an oil spill, that threatens
serious harm to the environment.''.
SEC. 315. REQUIREMENTS FOR RESTORATION ADVISORY BOARDS AND
EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.
(a) Membership and Meeting Requirements for Restoration
Advisory Boards.--The Secretary of Defense shall amend the
regulations required by section 2705(d)(2) of title 10,
United States Code, relating to the establishment,
characteristics, composition, and funding of restoration
advisory boards to ensure that each restoration advisory
board complies with the following requirements:
(1) Each restoration advisory board shall be fairly
balanced in its membership in terms of the points of view
represented and the functions to be performed.
(2) Unless a closed or partially closed meeting is
determined to be proper in accordance with one or more of the
exceptions listed in the section 552b(c) of title 5, United
States Code, each meeting of a restoration advisory board
shall be--
(A) held at a reasonable time and in a manner or place
reasonably accessible to the public, including individuals
with disabilities; and
(B) open to the public.
(3) Timely notice of each meeting of a restoration advisory
board shall be published in a local newspaper of general
circulation.
(4) Interested persons may appear before or file statements
with a restoration advisory board, subject to such reasonable
restrictions as the Secretary may prescribe.
(5) Subject to section 552 of title 5, United States Code,
the records, reports, minutes, appendixes, working papers,
drafts, studies, agenda, or other documents that were made
available to, prepared for, or prepared by each restoration
advisory board shall be available for public inspection and
copying at a single, publicly accessible location, such as a
public library or an appropriate office of the military
installation for which the restoration advisory board is
established, at least until the restoration advisory board is
terminated.
(6) Detailed minutes of each meeting of each restoration
advisory board shall be kept and shall contain a record of
the persons present, a complete and accurate description of
matters discussed and conclusions reached, and copies of all
reports received, issued, or approved by the restoration
advisory board. The accuracy of the minutes of a restoration
advisory board shall be certified by the chairperson of the
board.
(b) FACA Exemption.--Section 2705(d)(2) of title 10, United
States Code, is amended by adding at the end the following
new subparagraph:
``(C) The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to a restoration advisory board established
under this subsection.''.
SEC. 316. REPORT REGARDING IMPACT OF CIVILIAN COMMUNITY
ENCROACHMENT AND CERTAIN LEGAL REQUIREMENTS ON
MILITARY INSTALLATIONS AND RANGES.
(a) Study Required.--The Secretary of Defense shall conduct
a study on the impact, if any, of the following types of
activities at military installations and operational ranges:
(1) Civilian community encroachment on those military
installations and ranges whose operational training
activities, research, development, test, and evaluation
activities, or other operational, test and evaluation,
maintenance, storage, disposal, or other support functions
require, or in the future reasonably may require, safety or
operational buffer areas. The requirement for such a buffer
area may be due to a variety of factors, including air
operations, ordnance operations and storage, or other
activities that generate or might generate noise, electro-
magnetic interference, ordnance arcs, or environmental
impacts that require or may require safety or operational
buffer areas.
[[Page H4428]]
(2) Compliance by the Department of Defense with State
Implementation Plans for Air Quality under section 110 of the
Clean Air Act (42 U.S.C. 7410).
(3) Compliance by the Department of Defense with the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.) and the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(b) Matters To Be Included With Respect to Civilian
Encroachments.--With respect to paragraph (1) of subsection
(a), the study shall include the following:
(1) A list of all military installations described in
subsection (a)(1) at which civilian community encroachment is
occurring.
(2) A description and analysis of the types and degree of
such civilian community encroachment at each military
installation included on the list.
(3) An analysis, including views and estimates of the
Secretary of Defense, of the current and potential future
impact of such civilian community encroachment on operational
training activities, research, development, test, and
evaluation activities, and other significant operational,
test and evaluation, maintenance, storage, disposal, or other
support functions performed by military installations
included on the list. The analysis shall include the
following:
(A) A review of training and test ranges at military
installations, including laboratories and technical centers
of the military departments, included on the list.
(B) A description and explanation of the trends of such
encroachment, as well as consideration of potential future
readiness problems resulting from unabated encroachment.
(4) An estimate of the costs associated with current and
anticipated partnerships between the Department of Defense
and non-Federal entities to create buffer zones to preclude
further development around military installations included on
the list, and the costs associated with the conveyance of
surplus property around such military installations for
purposes of creating buffer zones.
(5) Options and recommendations for possible legislative or
budgetary changes necessary to mitigate current and
anticipated future civilian community encroachment problems.
(c) Matters To Be Included With Respect to Specified
Laws.--With respect to paragraphs (2) and (3) of subsection
(a), the study shall include the following:
(1) A list of all military installations and other
locations at which the Armed Forces are encountering problems
related to compliance with the laws specified in such
paragraphs.
(2) A description and analysis of the types and degree of
compliance problems encountered.
(3) An analysis, including views and estimates of the
Secretary of Defense, of the current and potential future
impact of such compliance problems on the following functions
performed at military installations:
(A) Operational training activities.
(B) Research, development, test, and evaluation activities.
(C) Other significant operational, test and evaluation,
maintenance, storage, disposal, or other support functions.
(4) A description and explanation of the trends of such
compliance problems, as well as consideration of potential
future readiness problems resulting from such compliance
problems.
(d) Report.--Not later than January 31, 2004, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report containing the results of the
study conducted under subsection (a), including the specific
matters required to be addressed by paragraphs (1) through
(5) of subsection (b) and paragraphs (1) through (4) of
subsection (c).
SEC. 317. MILITARY READINESS AND CONSERVATION OF PROTECTED
SPECIES.
(a) Designation of Critical Habitat.--Section 4(a)(3) of
the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is
amended by striking ``prudent and determinable'' and
inserting ``necessary''.
(b) Limitation on Designation of Critical Habitat.--Section
4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)(3)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ``(A)'' after ``(3)''; and
(3) by adding at the end the following:
``(B)(i) The Secretary shall not designate as critical
habitat any lands or other geographical areas owned or
controlled by the Department of Defense, or designated for
its use, that are subject to an integrated natural resources
management plan prepared under section 101 of the Sikes Act
(16 U.S.C. 670a), if the Secretary determines that such plan
addresses special management considerations or protection (as
those terms are used in section 3(5)(A)(i)).
``(ii) Nothing in this paragraph affects the requirement to
consult under section 7(a)(2) with respect to an agency
action (as that term is defined in that section).
``(iii) Nothing in this paragraph affects the obligation of
the Department of Defense to comply with section 9, including
the prohibition preventing extinction and taking of
endangered species and threatened species.''.
(c) Consideration of Effects of Designation of Critical
Habitat.--Section 4(b)(2) of the Endangered Species Act of
1973 (16 U.S.C. 1533(b)(2)) is amended by inserting ``the
impact on national security,'' after ``the economic
impact,''.
SEC. 318. MILITARY READINESS AND MARINE MAMMAL PROTECTION.
(a) Definition of Harassment.--Section 3(18) of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1362(18)) is amended
by striking the matter preceding subparagraph (B) and
inserting the following:
``(18)(A) The term `harassment' means--
``(i) any act that injures or has the significant potential
to injure a marine mammal or marine mammal stock in the wild;
or
``(ii) any act that disturbs or is likely to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of natural behavioral patterns, including, but not
limited to, migration, surfacing, nursing, breeding, feeding,
or sheltering, to a point where such behavioral patterns are
abandoned or significantly altered.''.
(b) Exemption of Actions Necessary for National Defense.--
Section 101 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1371) is amended by inserting after subsection (e) the
following:
``(f) Exemption of Actions Necessary for National
Defense.--(1) The Secretary of Defense, after conferring with
the Secretary of Commerce, the Secretary of the Interior, or
both, as appropriate, may exempt any action or category of
actions undertaken by the Department of Defense or its
components from compliance with any requirement of this Act,
if the Secretary determines that it is necessary for national
defense.
``(2) An exemption granted under this subsection--
``(A) subject to subparagraph (B), shall be effective for a
period specified by the Secretary of Defense; and
``(B) shall not be effective for more than 2 years.
``(3)(A) The Secretary of Defense may issue additional
exemptions under this subsection for the same action or
category of actions, after--
``(i) conferring with the Secretary of Commerce, the
Secretary of the Interior, or both as appropriate; and
``(ii) making a new determination that the additional
exemption is necessary for national defense.
``(B) Each additional exemption under this paragraph shall
be effective for a period specified by the Secretary of
Defense, of not more than 2 years.''.
(c) Incidental Takings of Marine Mammals in Military
Readiness Activities.--Section 101(a)(5) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1371(a)(5)) is amended--
(1) in subparagraph (A)--
(A) by striking ``within a specified geographical region'';
(B) by striking ``within that region of small numbers'';
and
(C) by adding at the end the following:
``Notwithstanding the preceding sentence, the Secretary is
not required to publish notice under this subparagraph with
respect to incidental takings while engaged in a military
readiness activity (as defined in section 315(f) of Public
Law 107-314; 16 U.S.C. 703 note) authorized by the Secretary
of Defense, except in the Federal Register.'';
(2) in subparagraph (B)--
(A) by striking ``within a specified geographical region'';
and
(B) by striking ``within one or more regions''; and
(3) in subparagraph (D)--
(A) in clause (i)--
(i) by striking ``within a specific geographic region'';
(ii) by striking ``of small numbers''; and
(iii) by striking ``within that region''; and
(B) by adding at the end the following:
``(vi) Notwithstanding clause (iii), the Secretary is not
required to publish notice under this subparagraph with
respect to an authorization under clause (i) of incidental
takings while engaged in a military readiness activity (as
defined in section 315(f) of Public Law 107-314; 16 U.S.C.
703 note) authorized by the Secretary of Defense, except in
the Federal Register.''.
SEC. 319. LIMITATION ON DEPARTMENT OF DEFENSE RESPONSIBILITY
FOR CIVILIAN WATER CONSUMPTION IMPACTS RELATED
TO FORT HUACHUCA, ARIZONA.
(a) Rule of Construction.--For purposes of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536), in the case
of Fort Huachuca, Arizona, the Secretary of the Army may be
held responsible for water consumption that occurs on that
military installation (or outside of that installation but
under the direct authority and control of the Secretary). The
Secretary of the Army is not responsible for water
consumption that occurs outside of Fort Huachuca and is
beyond the direct authority and control of the Secretary even
though the water is derived from a watershed basin shared by
that military installation and the water consumption outside
of that installation may impact a critical habitat or
endangered species outside the installation.
(b) Voluntary Efforts.--Nothing in this section shall
prohibit the Secretary of the Army from voluntarily
undertaking efforts to mitigate water consumption related to
Fort Huachuca.
(c) Definition of Water Consumption.--In this section, the
term ``water consumption'' means the consumption of water,
from any source, for human purposes of any kind, including
household or industrial use, irrigation, or landscaping.
(d) Effective Date.--This section applies only to
Department of Defense actions regarding which consultation or
reconsultation under section 7 of the Endangered Species Act
of 1973 (16 U.S.C. 1536) is first required with regard to
Fort Huachuca on or after the date of the enactment of this
Act.
SEC. 320. CONSTRUCTION OF WETLAND CROSSINGS, CAMP SHELBY
COMBINED ARMS MANEUVER AREA, CAMP SHELBY,
MISSISSIPPI.
Amounts authorized to be appropriated by section 301(1) for
operation and maintenance for the Army shall be available to
the Secretary of the Army to construct wetlands crossings at
the
[[Page H4429]]
Camp Shelby Combined Arms Maneuver Area at Camp Shelby,
Mississippi, for the purpose of ensuring that combat arms
training performed at that area is conducted in conformance
with the spirit and intent of applicable environmental laws.
Subtitle C--Workplace and Depot Issues
SEC. 321. EXCLUSION OF CERTAIN EXPENDITURES FROM PERCENTAGE
LIMITATION ON CONTRACTING FOR PERFORMANCE OF
DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS.
Section 2474(f)(1) of title 10, United States Code, is
amended by striking ``entered into during fiscal years 2003
through 2006''.
SEC. 322. HIGH-PERFORMING ORGANIZATION BUSINESS PROCESS
REENGINEERING PILOT PROGRAM.
(a) Pilot Program.--(1) The Secretary of Defense shall
establish a pilot program under which the Secretary of each
military department shall administer, or continue the
implementation of, high-performing organizations at military
installations through the conduct of a Business Process
Reengineering initiative.
(2) The implementation and management of a Business Process
Reengineering initiative under the pilot program shall be the
responsibility of the commander of the military installation
at which the Business Process Reengineering initiative is
carried out.
(b) Eligible Organizations.--Two types of organizations are
eligible for selection to participate in the pilot program:
(1) Organizations that underwent a Business Process
Reengineering initiative within the preceding five years,
achieved major performance enhancements under the initiative,
and will be able to sustain previous or achieve new
performance goals through the continuation of its existing or
completed Business Process Reengineering plan.
(2) Organizations that have not undergone or have not
successfully completed a Business Process Reengineering
initiative, but which propose to achieve, and reasonably
could reach, enhanced performance goals through
implementation of a Business Process Reengineering
initiative.
(c) Additional Eligibility Requirements.--(1) To be
eligible for selection to participate in the pilot program
under subsection (b)(1), an organization described in such
subsection must be able to demonstrate the completion of a
total organizational assessment that resulted in enhanced
performance measures at least comparable to those that might
be achieved through competitive sourcing.
(2) To be eligible for selection to participate in the
pilot program under subsection (b)(2), an organization
described in such subsection must be able to identify--
(A) functions, processes, and measures to be studied under
the Business Process Reengineering initiative;
(B) adequate resources for assignment to carry out the
Business Process Reengineering initiative; and
(C) labor/management agreements in place to ensure
effective implementation of the Business Process
Reengineering initiative.
(d) Pilot Program Limitations.--The pilot program shall be
subject to the following limitations:
(1) Total participants is limited to 15 military
installations, with some participants to be drawn from
organizations described in subsection (b)(1) and some
participants drawn from organizations described in subsection
(b)(2).
(2) During the implementation period for the Business
Process Reengineering initiative, but not to exceed one year,
a participating organization shall not be subject to any
Office of Management and Budget Circular A-76 competition or
other public-private competition involving any function
covered by the Business Process Reengineering initiative.
(e) Effect of Successful Implementation.--An organization
designated as a high-performing organization as a result of
successful implementation of a Business Process Reengineering
initiative under the pilot program shall be exempt, during
the five-year period following such designation, from any
Office of Management and Budget Circular A-76 competition or
other public-private competition involving any function that
was studied under the Business Process Reengineering
initiative.
(f) Reviews and Reports.--The Secretaries of the military
departments shall conduct annual performance reviews of the
participating organizations or functions within their
respective departments. Reviews and reports shall evaluate
organizational performance measures or functional performance
measures and determine whether organizations are performing
satisfactorily for purposes of continuing participation in
the pilot program.
(g) Performance Measures.--Performance measures should
include the following, which shall be measured against
organizational baselines determined before participation in
the pilot program:
(1) Costs, savings, and overall financial performance of
the organization.
(2) Organic knowledge, skills or expertise.
(3) Efficiency and effectiveness of key functions or
processes.
(4) Efficiency and effectiveness of the overall
organization.
(5) General customer satisfaction.
(h) Definitions.--In this section
(1) The term ``high-performing organization'' means an
organization whose performance exceeds that of comparable
providers, whether public or private.
(2) The term ``Business Process Reengineering'' refers to
an organization's complete and thorough analysis and
reengineering of mission and support functions and processes
to achieve improvements in performance, including a
fundamental reshaping of the way work is done to better
support an organization's mission and reduce costs.
SEC. 323. DELAYED IMPLEMENTATION OF REVISED OFFICE OF
MANAGEMENT AND BUDGET CIRCULAR A-76 BY
DEPARTMENT OF DEFENSE PENDING REPORT.
(a) Limitation Pending Report.--No studies or competitions
may be conducted under the policies and procedures contained
in any revisions to Office of Management and Budget Circular
A-76, as the circular exists as of May 1, 2003, for possible
contracting out of work being performed, as of such date, by
employees of the Department of Defense, until the end of the
45-day period beginning on the date on which the Secretary of
Defense submits to Congress a report on the impacts and
effects of the revisions.
(b) Content of Report.--The report required by subsection
(a) shall contain, at a minimum, specific information
regarding the following:
(1) The extent to which the revisions will ensure that
employees of the Department of Defense have the opportunity
to compete to retain their jobs.
(2) The extent to which the revisions will provide appeal
and protest rights to employees of the Department of Defense
that are equivalent to those available to contractors.
(3) Identify safeguards in the revisions to ensure that all
public-private competitions are fair, appropriate, and comply
with requirements of full and open competition.
(4) The plans and strategies of the Department to ensure an
appropriate phase-in period for the revisions, as recommended
by the Commercial Activities Panel of the Government
Accounting Office in its April 2002 report to Congress,
including recommendations for any legislative changes that
may be required to ensure a smooth and efficient phase-in
period.
(5) The plans and strategies of the Department to collect
and analyze data on the costs and quality of work contracted
out or retained in-house as a result of a sourcing process
conducted under the revised Office of Management and Budget
circular A-76.
SEC. 324. NAVAL AVIATION DEPOTS MULTI-TRADES DEMONSTRATION
PROJECT.
(a) Demonstration Project Required.--In accordance with
section 4703 of title 5, United States Code, the Secretary of
the Navy shall establish a demonstration project under which
three Naval Aviation Depots are given the flexibility to
promote by one grade level workers who are certified at the
journey level as able to perform multiple trades.
(b) Selection Requirements.--As a condition on eligibility
for selection to participate in the demonstration project, a
Naval Aviation Depot shall submit to the Secretary a business
case analysis and concept plan--
(1) that, on the basis of the results of analysis of work
processes, demonstrate that process improvements would result
from the trade combinations proposed to be implemented under
the demonstration project; and
(2) that describes the resulting improvements in cost,
quality, or schedule.
(c) Participating Workers.--(1) Actual worker participation
in the demonstration project shall be determined through
competitive selection. Not more than 15 percent of the wage
grade journeyman at a demonstration project location may be
selected to participate.
(2) Job descriptions and competency-based training plans
must be developed for each worker while in training under the
demonstration project and once certified as a multi-trade
worker. A certified multi-trade worker who receives a pay
grade promotion under the demonstration project must use each
new skill during at least 25 percent of the worker's work
week.
(d) Funding Source.--Amounts appropriated for operation and
maintenance of the Naval Aviation Depots selected to
participate in the demonstration project shall be used as the
source of funds to carry out the demonstration project,
including the source of funds for pay increases made under
the project.
(e) Duration.--The demonstration project shall be conducted
during fiscal years 2004 through 2006.
(f) Report.--Not later than January 15, 2007, the Secretary
shall submit a report to Congress describing the results of
the demonstration project.
(g) GAO Evaluation.--The Secretary shall transmit a copy
the report to the Comptroller General. Within 90 days after
receiving a report, the Comptroller General shall submit to
Congress an evaluation of the report.
Subtitle D--Information Technology
SEC. 331. PERFORMANCE-BASED AND RESULTS-BASED MANAGEMENT
REQUIREMENTS FOR CHIEF INFORMATION OFFICERS OF
DEPARTMENT OF DEFENSE.
(a) Accountability.--Section 2223 of title 10, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Performance-based and Results-based Management.--In
addition to the responsibilities provided for in subsections
(a) and (b), the Chief Information Officer of the Department
of Defense and the Chief Information Officer of a military
department shall--
``(1) encourage the use of performance-based and results-
based management in fulfilling the responsibilities provided
for in subsections (a) and (b), as applicable;
``(2) evaluate the information resources management
practices of the department concerned with respect to the
performance and results of the investments made by the
department in information technology;
``(3) establish effective and efficient capital planning
processes for selecting, managing, and evaluating the results
of all of the department's major investments in information
systems;
[[Page H4430]]
``(4) ensure that any analysis of the missions of the
department is adequate and make recommendations, as
appropriate, on the department's mission-related processes,
administrative processes, and any significant investments in
information technology to be used in support of those
missions; and
``(5) ensure that information security policies,
procedures, and practices are adequate.''.
(b) Defense Agency Responsibilities.--Section 2223 of title
10, United States Code, is further amended by inserting after
subsection (c), as added by subsection (a), the following new
subsection:
``(d) Defense Agencies and Field Activities.--The Secretary
of Defense shall require the Director of each Defense Agency
and Department of Defense Field Activity to ensure that the
responsibilities set forth in subsections (b) and (c) for
Chief Information Officers of military departments are
carried out within the Agency or Field Activity by any
officer or employee acting as a chief information officer or
carrying out duties similar to a chief information
officer.''.
Subtitle E--Other Matters
SEC. 341. CATALOGING AND STANDARDIZATION FOR DEFENSE SUPPLY
MANAGEMENT.
(a) Standardization Methods.--Section 2451 of title 10,
United States Code, is amended to read as follows:
``Sec. 2451. Defense supply management
``(a) Single Catalog System.--The Secretary of Defense
shall adopt, implement and maintain a single catalog system
for standardizing supplies for the Department of Defense. The
single catalog system shall be used for each supply the
Department uses, buys, stocks, or distributes.
``(b) Standardization Requirements.--To the highest degree
practicable, the Secretary of Defense shall--
``(1) adopt and use single commercial standards or
voluntary standards, in consultation with industry advisory
groups, in order to eliminate overlapping and duplicate
specifications for supplies for the Department of Defense and
to reduce the number of sizes and kind of supplies that are
generally similar;
``(2) standardize the methods of packing, packaging, and
preserving supplies; and
``(3) make efficient use of the services and facilities for
inspecting, testing, and accepting supplies.
``(c) Consultation and Cooperation.--The Secretary of
Defense shall maintain liaison with industry advisory groups
to coordinate the development of the supply catalog and the
standardization program with the best practices of industry
and to obtain the fullest practicable cooperation and
participation of industry in developing the supply catalog
and the standardization program.''.
(b) Equipment Standardization with NATO Members.--Section
2457 of such title is amended by striking subsection (d).
(c) Conforming Repeals.--(1) Chapter 145 of such title is
amended by striking sections 2452, 2453, and 2454.
(2) The table of sections at the beginning of such chapter
is amended by striking the items related to sections 2452,
2453, and 2454.
SEC. 342. SPACE-AVAILABLE TRANSPORTATION FOR DEPENDENTS OF
MEMBERS ASSIGNED TO OVERSEAS DUTY LOCATIONS FOR
CONTINUOUS PERIOD IN EXCESS OF ONE YEAR.
(a) In General.--Chapter 157 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2648. Dependents of members assigned to overseas duty
locations for continuous period in excess of one year:
space-available transportation
``(a) Authority.--The Secretary of Defense shall authorize
travel on Government aircraft on a space-available basis for
dependents of members on active duty assigned to duty at an
overseas location as described in subsection (b) to the same
extent as such travel is authorized for a dependent of a
member assigned to that duty location in a permanent change
of station status.
``(b) Duty Status Covered.--Duty at an overseas location
described in this subsection is duty for a continuous period
in excess of one year that is in a temporary duty status or
that is in a permanent duty status without change of station.
``(c) Types of Transportation Authorized.--If authorized
for other members at that duty location, travel provided
under this section may include (1) travel between the
overseas duty location and the United States and return, and
(2) travel between the overseas duty location and another
overseas location and return.
``(d) Alaska and Hawaii.--For purposes of this section,
duty in Alaska or Hawaii shall be considered to be duty at an
overseas location.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2648. Dependents of members assigned to overseas duty locations for
continuous period in excess of one year: space-available
transportation.''.
SEC. 343. PRESERVATION OF AIR FORCE RESERVE WEATHER
RECONNAISSANCE MISSION.
The Secretary of Defense shall not disestablish,
discontinue, or transfer the weather reconnaissance mission
of the Air Force Reserve unless the Secretary determines that
another organization or entity can demonstrate that it has
the capability to perform the same mission with the same
capability as the Air Force Reserve.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2004, as follows:
(1) The Army, 482,375.
(2) The Navy, 375,700.
(3) The Marine Corps, 175,000.
(4) The Air Force, 361,268.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Effective October 1, 2003, section 691(b) of title 10,
United States Code, is amended as follows:
(1) Army.--Paragraph (1) is amended by striking ``480,000''
and inserting ``482,375''.
(2) Air force.--Paragraph (4) is amended by striking
``359,000'' and inserting ``361,268''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2004, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 85,900.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 107,000.
(6) The Air Force Reserve, 75,800.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2004, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 25,386.
(2) The Army Reserve, 14,374.
(3) The Naval Reserve, 14,384.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 12,140.
(6) The Air Force Reserve, 1,660.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2004 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army National Guard of the United States,
24,589.
(2) For the Army Reserve, 7,844.
(3) For the Air National Guard of the United States,
22,806.
(4) For the Air Force Reserve, 9,991.
SEC. 414. FISCAL YEAR 2004 LIMITATION ON NON-DUAL STATUS
TECHNICIANS.
The number of non-dual status technicians of a reserve
component of the Army or the Air Force as of September 30,
2004, may not exceed the following:
(1) For the Army Reserve, 910.
(2) For the Army National Guard of the United States,
1,600.
(3) For the Air Force Reserve, 90.
(4) For the Air National Guard of the United States, 350.
SEC. 415. PERMANENT LIMITATIONS ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
Section 10217(c) of title 10, United States Code, is
amended by striking ``and Air Force Reserve may not exceed
175'' and inserting ``may not exceed 595 and by the Air Force
Reserve may not exceed 90''.
Subtitle C--Authorizations of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2004 a total of $98,938,511,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2004.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2004 from the Armed Forces Retirement Home Trust Fund
the sum of $65,279,000 for the operation of the Armed Forces
Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--General and Flag Officer Matters
SEC. 501. STANDARDIZATION OF QUALIFICATIONS FOR APPOINTMENT
AS SERVICE CHIEF.
(a) Chief of Naval Operations.--Section 5033(a)(1) of title
10, United States Code, is
[[Page H4431]]
amended by striking ``from officers on the active-duty list
in the line of the Navy who are eligible to command at sea
and who hold the grade of rear admiral or above'' and
inserting ``flag officers of the Navy''.
(b) Commandant of the Marine Corps.--Section 5043(a)(1) of
title 10, United States Code, is amended by striking ``from
officers on the active-duty list of the Marine Corps not
below the grade of colonel'' and inserting ``general officers
of the Marine Corps''.
Subtitle B--Other Officer Personnel Policy Matters
SEC. 511. REPEAL OF PROHIBITION ON TRANSFER BETWEEN LINE OF
THE NAVY AND NAVY STAFF CORPS APPLICABLE TO
REGULAR NAVY OFFICERS IN GRADES ABOVE
LIEUTENANT COMMANDER.
(a) Repeal.--Section 5582 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 539 of such title is amended by striking
the item relating to section 5582.
SEC. 512. RETENTION OF HEALTH PROFESSIONS OFFICERS TO FULFILL
ACTIVE-DUTY SERVICE COMMITMENTS FOLLOWING
PROMOTION NONSELECTION.
(a) In General.--Section 632 of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by inserting ``except as provided
in paragraph (3) and in subsection (c),'' before ``be
discharged''; and
(3) by adding at the end the following new subsection:
``(c)(1) If a health professions officer described in
paragraph (2) is subject to discharge under subsection (a)(1)
and, as of the date on which the officer is to be discharged
under that paragraph, the officer has not completed a period
of active duty service obligation that the officer incurred
under section 2005, 2114, 2123, or 2603 of this title, the
officer shall be retained on active duty until completion of
such active duty service obligation, and then be discharged
under that subsection, unless sooner retired or discharged
under another provision of law.
``(2) The Secretary concerned may waive the applicability
of paragraph (1) to any officer if the Secretary determines
that completion of the active duty service obligation of that
officer is not in the best interest of the service.
``(3) This subsection applies to a medical officer or
dental officer or an officer appointed in a medical skill
other than as a medical officer or dental officer (as defined
in regulations prescribed by the Secretary of Defense).''.
(b) Technical Amendments.--Sections 630(2), 631(a)(3), and
632(a)(3) of such title are amended by striking ``clause''
and inserting ``paragraph''.
(c) Effective Date.--The amendments made by subsection (a)
shall not apply in the case of an officer who as of the date
of the enactment of this Act is required to be discharged
under section 632(a)(1) of title 10, United States Code, by
reason of having failed of selection for promotion to the
next higher regular grade a second time.
SEC. 513. INCREASED FLEXIBILITY FOR VOLUNTARY RETIREMENT FOR
MILITARY OFFICERS.
(a) In General.--Section 1370 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``except as provided in paragraph (2)'' and
inserting ``subject to paragraphs (2) and (3)''; and
(ii) by striking ``, for not less than six months'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by striking paragraph (2) and inserting the following:
``(2) In order to be eligible for voluntary retirement
under this title in a grade below the grade of lieutenant
colonel or commander, a commissioned officer of the Army,
Navy, Air Force, or Marine Corps covered by paragraph (1)
must have served on active duty in that grade for not less
than six months.
``(3)(A) In order to be eligible for voluntary retirement
in a grade above major or lieutenant commander and below
brigadier general or rear admiral (lower half), a
commissioned officer of the Army, Navy, Air Force, or Marine
Corps covered by paragraph (1) must have served on active
duty in that grade for not less than three years, except that
the Secretary of Defense may authorize the Secretary of the
military department concerned to reduce such period to a
period not less than two years.
``(B) In order to be eligible for voluntary retirement in a
grade above colonel or captain, in the case of the Navy, a
commissioned officer of the Army, Navy, Air Force, or Marine
Corps covered by paragraph (1) must have served on active
duty in that grade for not less than one year.
``(C) An officer in a grade above major general or rear
admiral may be retired in the highest grade in which the
officer served on active duty satisfactorily for not less
than one year, upon approval by the Secretary of the military
department concerned and concurrence by the Secretary of
Defense. The function of the Secretary of Defense under the
preceding sentence may only be delegated to a civilian
official in the Office of the Secretary of Defense appointed
by the President, by and with the advice and consent of the
Senate.
``(D) The President may waive subparagraph (A), (B) or (C)
in individual cases involving extreme hardship or exceptional
or unusual circumstances. The authority of the President
under the preceding sentence may not be delegated.'';
(2) in subsection (b), by inserting ``or whose service on
active duty in that grade was not determined to be
satisfactory by the Secretary of the military department
concerned'' after ``specified in subsection (a)'';
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as subsection (c) and
in that subsection--
(A) in paragraph (3)--
(i) in subparagraph (A)--
(I) by inserting ``(i)'' after ``(3)(A)'';
(II) by inserting ``and below brigadier general or rear
admiral (lower half)'' after ``lieutenant commander'';
(III) by inserting ``, except that the Secretary of Defense
may authorize the Secretary of the military department
concerned to reduce such period to a period not less than two
years'' after ``three years''; and
(IV) by adding at the end the following new clauses:
``(ii) In order to be credited with satisfactory service in
a grade above colonel or captain, in the case of the Navy, a
person covered by paragraph (1) must have served
satisfactorily in that grade (as determined by the Secretary
of the military department concerned) as a reserve
commissioned officer in active status, or in a retired status
on active duty, for not less than one year.
``(iii) An officer covered by paragraph (1) who is in a
grade above the grade of major general or rear admiral may be
retired in the highest grade in which the officer served
satisfactorily for not less than one year, upon approval by
the Secretary of the military department concerned and
concurrence by the Secretary of Defense. The function of the
Secretary of Defense under the preceding sentence may only be
delegated to a civilian official in the Office of the
Secretary of Defense appointed by the president, by and with
the advice and consent of the Senate.'';
(ii) in subparagraphs (D) and (E), by striking subparagraph
(A)'' and inserting ``subparagraph (A)(i)''; and
(iii) by striking subparagraph (F); and
(B) by striking paragraphs (5) and (6); and
(5) by striking subsection (e).
(b) Conforming Amendments.--Section 1406(i)(2) of such
title is amended--
(1) in the paragraph heading, by striking ``members'' and
all that follows through ``satisfactorily'' and inserting
``enlisted members reduced in grade'';
(2) by striking ``a member'' and inserting ``an enlisted
member'';
(3) by striking ``1998--'' and all that follows through
``is reduced in'' and inserting ``1998, is reduced in'';
(4) by striking ``; or'' and inserting a period; and
(5) by striking subparagraph (B).
(c) Effective Date.--The amendments made by this section
shall apply with respect to the determination of the retired
grade of members of the Armed Forces retiring on or after the
date of the enactment of this Act.
Subtitle C--Reserve Component Matters
SEC. 521. STREAMLINED PROCESS FOR CONTINUATION OF OFFICERS ON
THE RESERVE ACTIVE-STATUS LIST.
(a) Repeal of Requirement for Use of Selection Boards.--
Section 14701 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``by a selection board
convened under section 14101(b) of this title'' and inserting
``under regulations prescribed by the Secretary of Defense;
and
(B) in paragraph (6), by striking ``as a result of the
convening of a selection board under section 14101(b) of this
title'' and inserting ``under regulations prescribed under
paragraph (1)'';
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).
(b) Conforming Amendments.--(1) Section 14101(b) of such
title is amended--
(A) by striking ``Continuation Boards'' and inserting
``Selective Early Separation Boards'';
(B) by striking paragraph (1);
(C) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(D) by striking the last sentence.
(2) Section 14102(a) of such title is amended by striking
``Continuation boards'' and inserting ``Selection boards
convened under section 14101(b) of this title''.
(3) Section 14705(b)(1) of such title is amended by
striking ``continuation board'' and inserting ``selection
board''.
SEC. 522. CONSIDERATION OF RESERVE OFFICERS FOR POSITION
VACANCY PROMOTIONS IN TIME OF WAR OR NATIONAL
EMERGENCY.
(a) Promotion Consideration While on Active-Duty List.--(1)
Subsection (d) of section 14317 of title 10, United States
Code, is amended by striking ``If a reserve officer'' and
inserting ``Except as provided in subsection (e), if a
reserve officer''.
(2) Subsection (e) of such section is amended to read as
follows:
``(e) Officers Ordered to Active Duty in Time of War or
National Emergency.--(1) A reserve officer who is not on the
active-duty list and who is ordered to active duty in time of
war or national emergency may, if eligible, be considered for
promotion--
``(A) by a mandatory promotion board convened under section
14101(a) of this title or a special selection board convened
under section 14502 of this title; or
``(B) in the case of an officer who has been ordered to or
is serving on active duty in support of a contingency
operation, by a vacancy promotion board convened under
section 14101(a) of this title.
``(2) An officer may not be considered for promotion under
this subsection after the end of the two-year period
beginning on the date on which the officer is ordered to
active duty.
``(3) An officer may not be considered for promotion under
this subsection during a period
[[Page H4432]]
when the operation of this section has been suspended by the
President under the provisions of section 123 or 10213 of
this title.
``(4) Consideration of an officer for promotion under this
subsection shall be under regulations prescribed by the
Secretary of the military department concerned.''.
(b) Conforming Amendment.--Section 14315(a)(1) of such
title is amended by striking ``as determined by the Secretary
concerned, is available'' and inserting ``under regulations
prescribed by the Secretary concerned, has been
recommended''.
SEC. 523. SIMPLIFICATION OF DETERMINATION OF ANNUAL
PARTICIPATION FOR PURPOSES OF READY RESERVE
TRAINING REQUIREMENTS.
Subsection (a) of section 10147 of title 10, United States
Code, is amended to read as follows:
``(a)(1) Except as provided pursuant to paragraph (2), each
person who is enlisted, inducted, or appointed in an armed
force and who becomes a member of the Ready Reserve under any
provision of law other than section 513 or 10145(b) of this
title shall be required, while in the Ready Reserve, to
participate in a combination of drills, training periods, and
active duty equivalent to 38 days (exclusive of travel)
during each year.
``(2) The Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy, may prescribe
regulations providing specific exceptions for the
requirements of paragraph (1).''.
SEC. 524. AUTHORITY FOR DELEGATION OF REQUIRED SECRETARIAL
SPECIAL FINDING FOR PLACEMENT OF CERTAIN
RETIRED MEMBERS IN READY RESERVE.
The last sentence of section 10145(d) of title 10, United
States Code, is amended to read as follows: ``The authority
of the Secretary concerned under the preceding sentence may
not be delegated--
``(1) to a civilian officer or employee of the military
department concerned below the level of the Assistant
Secretary of the military department concerned; or
``(2) to a member of the armed forces below the level of
the lieutenant general or vice admiral in an armed force with
responsibility for military personnel policy in that armed
force.''.
SEC. 525. AUTHORITY TO PROVIDE EXPENSES OF ARMY AND AIR STAFF
PERSONNEL AND NATIONAL GUARD BUREAU PERSONNEL
ATTENDING NATIONAL CONVENTIONS OF CERTAIN
MILITARY ASSOCIATIONS.
(a) Authority.--Section 107(a)(2) of title 32, United
States Code, is amended--
(1) by striking ``officers'' and inserting ``members'';
(2) by striking ``Army General Staff'' and inserting ``Army
Staff''; and
(3) by striking ``National Guard Association of the United
States'' and inserting ``, Enlisted Association of the
National Guard of the United States, National Guard
Association of the United States,''.
(b) Effective Date.--The amendments made by subsection (a)
shall not apply with respect to funds appropriated for a
fiscal year before fiscal year 2004.
Subtitle D--Military Education and Training
SEC. 531. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD
THE DEGREE OF MASTER OF OPERATIONAL STUDIES.
(a) Authority.--Section 7102 of title 10, United States
Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Command and Staff College of the Marine Corp
University.--Upon the recommendation of the Director and
faculty of the Command and Staff College of the Marine Corps
University, the President of the Marine Corps University may
confer the degree of master of operational studies upon
graduates of the Command and Staff College's School of
Advanced Warfighting who fulfill the requirements for that
degree.''.
(b) Effective Date.--The authority to confer the degree of
master of operational studies under section 7102(c) of title
10, United States Code (as added by subsection (a)) may not
be exercised until the Secretary of Education determines, and
certifies to the President of the Marine Corps University,
that the requirements established by the Command and General
Staff College of the Marine Corps University for that degree
are in accordance with generally applicable requirements for
a degree of master of arts. Upon receipt of such a
certification, the President of the University shall promptly
transmit a copy of the certification to the Committee on
Armed Services of the Senate and Committee on Armed Services
of the House of Representatives.
SEC. 532. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR
CADETS AND MIDSHIPMEN RECEIVING ROTC
SCHOLARSHIPS.
(a) Financial Assistance Program for Service on Active
Duty.--Section 2107(c) of title 10, United States Code, is
amended by adding at the end the following new paragraphs:
``(3) In the case of a cadet or midshipman eligible to
receive financial assistance under paragraph (1) or (2), the
Secretary of the military department concerned may, in lieu
of all or part of the financial assistance described in
paragraph (1), provide financial assistance in the form of
room and board expenses for the cadet or midshipman and other
expenses required by the educational institution.
``(4) The total amount of financial assistance, including
the payment of room and board and other educational expenses,
provided to a cadet or midshipman in an academic year under
this subsection may not exceed an amount equal to the amount
that could be provided as financial assistance for such cadet
or midshipman under paragraph (1) or (2), or other amount
determined by the Secretary concerned, without regard to
whether room and board and other educational expenses for
such cadet or midshipman are paid under paragraph (3).''.
``(b) Financial Assistance Program for Service in Troop
Program Units.--Section 2107a(c) of such title is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraphs:
``(2) In the case of a cadet eligible to receive financial
assistance under paragraph (1), the Secretary of the military
department concerned may, in lieu of all or part of the
financial assistance described in paragraph (1), provide
financial assistance in the form of room and board expenses
for such cadet and other expenses required by the educational
institution.
``(3) The total amount of financial assistance, including
the payment of room and board and any other educational
expenses, provided to a cadet in an academic year under this
subsection may not exceed an amount equal to the amount that
could be provided as financial assistance for such cadet
under paragraph (1), or other amount determined by the
Secretary of the Army, without regard to whether the room and
board and other educational expenses for such cadet are paid
under paragraph (2).''.
(c) Effective Date.--The amendments made by this section
shall apply to payment of expenses of cadets and midshipmen
of the Senior Reserve Officers' Training Corps program that
are due after the date of the enactment of this Act.
SEC. 533. INCREASE IN ALLOCATION OF SCHOLARSHIPS UNDER ARMY
RESERVE ROTC SCHOLARSHIP PROGRAM TO STUDENTS AT
MILITARY JUNIOR COLLEGES.
Section 2107a(h) of title 10, United States Code, is
amended by striking ``10'' each place it appears and
inserting ``17''.
SEC. 534. INCLUSION OF ACCRUED INTEREST IN AMOUNTS THAT MAY
BE REPAID UNDER SELECTED RESERVE CRITICAL
SPECIALTIES EDUCATION LOAN REPAYMENT PROGRAM.
Section 16301 of title 10, United States Code, is amended--
(1) in subsection (b), by inserting before the period at
the end the following: ``, plus the amount of any interest
that may accrue during the current year''; and
(2) in subsection (c), by adding at the end the following
new sentence: ``For the purposes of this section, any
interest that has accrued on the loan for periods before the
current year shall be considered as within the total loan
amount that shall be repaid.''.
SEC. 535. AUTHORITY FOR NONSCHOLARSHIP SENIOR ROTC SOPHOMORES
TO VOLUNTARILY CONTRACT FOR AND RECEIVE
SUBSISTENCE ALLOWANCE.
(a) Authority for Allowance.--Section 209 of title 37,
United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Nonscholarship Senior ROTC Members Not in Advanced
Training.--A member of the Selected Reserve Officers'
Training Corps who has entered into an agreement under
section 2103a of title 10 is entitled to a monthly
subsistence allowance at a rate prescribed under subsection
(a). The allowance may be paid to the member for a maximum of
20 months.''.
(b) Authority to Accept Enrollment.--(1) Chapter 103 of
title 10, United States Code, is amended by inserting after
section 2103 the following new section:
``Sec. 2103a. Students not eligible for advanced training:
commitment to military service
``(a) A member of the program who has completed
successfully the first year of a four-year Senior Reserve
Officers' Training Corps course and who is not eligible for
advanced training under section 2104 of this title and is not
a cadet or midshipman appointed under section 2107 of this
title may--
``(1) contract with the Secretary of the military
department concerned, or the Secretary's designated
representative, to serve for the period required by the
program; and
``(2) agree in writing to accept an appointment, if
offered, as a commissioned officer in the Army, Navy, Air
Force, or Marine Corps, as the case may be, and to serve in
the armed forces for the period prescribed by the Secretary.
``(b) A member of the program may enter into a contract and
agreement under this section (and receive a subsistence
allowance under section 209(c) of title 37) only if the
person--
``(1) is a citizen of the United States;
``(2) enlists in an armed force under the jurisdiction of
the Secretary of the military department concerned for the
period prescribed by the Secretary; and
``(3) executes a certificate of loyalty in such form as the
Secretary of Defense prescribes or take a loyalty oath as
prescribed by the Secretary.
``(c) A member of the program who is a minor may enter into
a contract under subsection (a)(1) only with the consent of
the member's parent or guardian.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2103a. Students not eligible for advanced training: commitment to
military service.''.
[[Page H4433]]
SEC. 536. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM
NOMINATIONS MADE BY DELEGATES FROM GUAM, VIRGIN
ISLANDS, AND AMERICAN SAMOA.
(a) United States Military Academy.--Section 4342(a) of
title 10, United States Code, is amended--
(1) in paragraphs (6) and (8), by striking ``Two'' and
inserting ``Three''; and
(2) in paragraph (9), by striking ``One'' and inserting
``Two''.
(b) United States Naval Academy.--Section 6954(a) of such
title is amended--
(1) in paragraphs (6) and (8), by striking ``Two'' and
inserting ``Three''; and
(2) in paragraph (9), by striking ``One'' and inserting
``Two''.
(c) United States Air Force Academy.--Section 9342(a) of
such title is amended--
(1) in paragraphs (6) and (8), by striking ``Two'' and
inserting ``Three''; and
(2) in paragraph (9), by striking ``One'' and inserting
``Two''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to the nomination of candidates for
appointment to the United States Military Academy, the United
States Naval Academy, and the United States Air Force Academy
for classes entering those academies after the date of the
enactment of this Act.
SEC. 537. READMISSION TO SERVICE ACADEMIES OF CERTAIN FORMER
CADETS AND MIDSHIPMEN.
(a) Inspector General Report as Basis for Readmission.--(1)
When a formal report by an Inspector General within the
Department of Defense concerning the circumstances of the
separation of a cadet or midshipman from one of the service
academies contains a specific finding specified in paragraph
(2), the Secretary of the military department concerned may
use that report as the sole basis for readmission of the
former cadet or midshipman to the respective service or
service academy.
(2) A finding specified in this paragraph is a finding that
substantiates that a former service academy cadet or
midshipman, while attending the service academy--
(A) received administrative or punitive action or
nonjudicial punishment as a result of reprisal;
(B) resigned in lieu of disciplinary, administrative, or
other action that the formal report concludes constituted a
threat of reprisal; or
(C) otherwise suffered an injustice that contributed to the
resignation of the cadet or midshipman.
(b) Readmission.--In the case of a formal report by an
Inspector General described in subsection (a), the Secretary
concerned shall offer the former cadet or midshipman an
opportunity for readmission to the service academy from which
the former cadet or midshipman resigned, if the former cadet
or midshipman is otherwise eligible for such readmission.
(c) Applications for Readmission.--A former cadet or
midshipman described in a report referred to in subsection
(a) may apply for readmission to the service academy on the
basis of that report and shall not be required to submit the
request for readmission through a board for the correction of
military records.
(d) Regulations to Minimize Adverse Impact Upon
Readmission.--The Secretary of each military department shall
prescribe regulations for the readmission of a former cadet
or midshipman described in subsections (a), with the goal, to
the maximum extent practicable, of readmitting the former
cadet or midshipman at no loss of the academic or military
status held by the former cadet at the time of resignation.
(e) Construction With Other Remedies.--This section does
not preempt or supercede any other remedy that may be
available to a former cadet or midshipman.
(f) Service Academies.--In this section, the term ``service
academy'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
SEC. 538. AUTHORIZATION FOR NAVAL POSTGRADUATE SCHOOL TO
PROVIDE INSTRUCTION TO ENLISTED MEMBERS
PARTICIPATING IN CERTAIN PROGRAMS.
(a) Instruction of Enlisted Members.--Subsection (a) of
section 7045 of title 10, United States Code, is amended by
striking paragraph (2) and inserting the following:
``(2) The Secretary may permit enlisted members of the
armed forces to receive instruction at the Naval Postgraduate
School for the purpose of attending--
``(A) executive level seminars; or
``(B) the information security scholarship program under
chapter 112 of this title.
``(3) In addition to instruction authorized under paragraph
(2), the Secretary may, on a space-available basis, permit an
enlisted member of any of the armed forces to receive
instruction at the Naval Postgraduate School if the member is
assigned permanently to the staff of the Naval Postgraduate
School or to a nearby command.''.
(b) Reimbursement.--Subsection (b) of such section is
amended--
(1) by striking ``The Department'' and inserting ``(1)
Except as provided under paragraph (3), the Department '';
(2) by striking ``officers'' in the first sentence and
inserting ``members'';
(3) by designating the second sentence as paragraph (2) and
in that sentence--
(A) by inserting ``under subsection (a)(3)'' after
``permitted'';
(B) by inserting ``on a space-available basis'' after
``instruction at the Postgraduate School''; and
(C) by striking ``(taking into consideration the admission
of enlisted members on a space-available basis)''; and
(4) by adding at the end the following new paragraph:
``(3) The Secretary of Defense may prescribe exceptions to
the requirements of paragraph (1) with regard to attendance
at the Postgraduate School pursuant to chapter 112 of this
title.''.
SEC. 539. DEFENSE TASK FORCE ON SEXUAL HARASSMENT AND
VIOLENCE AT THE MILITARY SERVICE ACADEMIES.
(a) Establishment.--The Secretary of Defense shall
establish a Department of Defense task force to examine
matters relating to sexual harassment and violence at the
United States Military Academy and the United States Naval
Academy.
(b) Recommendations.--Not later than 12 months after the
date on which all members of the task force have been
appointed, the task force shall submit to the Secretary of
Defense a report recommending ways by which the Department of
Defense and the military services may more effectively
address matters relating to sexual harassment and violence at
the United States Military Academy and the United States
Naval Academy. The report shall include an assessment of, and
recommendations (including changes in law) for measures to
improve, the following with respect to sexual harassment and
violence at those academies:
(1) Victims' safety programs.
(2) Offender accountability.
(3) Effective prevention of sexual harassment and violence.
(4) Collaboration among military organizations with
responsibility or jurisdiction with respect to sexual
harassment and violence.
(5) Coordination between military and civilian communities,
including local support organizations, with respect to sexual
harassment and violence.
(6) Coordination between military and civilian communities,
including civilian law enforcement relating to acts of sexual
harassment and violence.
(7) Data collection and case management and tracking.
(8) Curricula and training, including standard training
programs for cadets at the United States Military Academy and
midshipmen at the United States Naval Academy and for
permanent personnel assigned to those academies.
(9) Responses to sexual harassment and violence at those
academies, including standard guidelines.
(10) Other issues identified by the task force relating to
sexual harassment and violence at those academies.
(c) Methodology.--The task force shall consider the
findings and recommendations of previous reviews and
investigations of sexual harassment and violence conducted
for those academies as one of the bases for its assessment.
(d) Report.--(1) The task force shall submit to the
Secretary of Defense and the Secretaries of the Army and the
Navy a report on the activities of the task force and on the
activities of the United States Military Academy and the
United States Naval Academy to respond to sexual harassment
and violence at those academies.
(2) The report shall include the following:
(A) Any barriers to implementation of improvements as a
result of those efforts.
(B) Other areas of concern not previously addressed in
prior reports.
(C) The findings and conclusions of the task force.
(D) Any recommendations for changes to policy and law as
the task force considers appropriate, including whether cases
of sexual assault at those academies should be included in
the Department of Defense database known as the Defense
Incident-Based Reporting System.
(3) Within 90 days of receipt of the report under paragraph
(1) the Secretary of Defense shall submit the report,
together with the Secretary's evaluation of the report, to
the Committees on Armed Services of the Senate and House of
Representatives.
(e) Report on Air Force Academy.--Simultaneously with the
submission of the report under subsection (d)(3), the
Secretary of Defense, in coordination with the Secretary of
the Air Force, shall submit to the committees specified in
that subsection the Secretary's assessment of the
effectiveness of corrective actions being taken at the United
States Air Force Academy as a result of various
investigations conducted at that Academy into matters
involving sexual assault and harassment.
(f) Composition.--(1) The task force shall consist of not
more than 14 members, to be appointed by the Secretary of
Defense. Members shall be appointed from each of the Army,
Navy, Air Force, and Marine Corps, and shall include an equal
number of personnel of the Department of Defense (military
and civilian) and persons from outside the Department of
Defense. Members appointed from outside the Department of
Defense may be appointed from other Federal departments and
agencies, from State and local agencies, or from the private
sector.
(2) The Secretary shall ensure that the membership of the
task force appointed from the Department of Defense includes
at least one judge advocate.
(3) In appointing members to the task force, the Secretary
may--
(A) consult with the Attorney General regarding a
representative from the Office of Violence Against Women of
the Department of Justice; and
(B) consult with the Secretary of Health and Human Services
regarding a representative from the Women's Health office of
the Department of Health and Human Services.
(4) Each member of the task force appointed from outside
the Department of Defense shall be an individual who has
demonstrated expertise in the area of sexual harassment and
violence or shall be appointed from one of the following:
(A) A representative from the Office of Civil Right in the
Department of Education.
(B) A representative from the Center for Disease Control.
[[Page H4434]]
(C) A sexual assault policy and advocacy organization.
(D) A civilian law enforcement agency.
(E) A judicial policy organization.
(F) A national crime victim policy organization.
(5) The members of the task force shall be appointed not
later than 120 days after the date of the enactment of this
Act.
(g) Co-Chairs of the Task Force.--There shall be two co-
chairs of the task force. One of the co-chairs shall be
designated by the Secretary of the Defense at the time of
appointment from among the Department of Defense personnel on
the task force. The other co-chair shall be selected from
among the members appointed from outside the Department of
Defense by those members.
(h) Administrative Support.--(1) Each member of the task
force who is a member of the Armed Forces or a civilian
officer or employee of the United States shall serve without
compensation (other than compensation to which entitled as a
member of the Armed Forces or an officer or employee of the
United States, as the case may be). Other members of the task
force shall be appointed in accordance with, and subject to,
section 3161 of title 5, United States Code.
(2) The Deputy Under Secretary of Defense for Personnel and
Readiness, under the direction of the Under Secretary of
Defense for Personnel and Readiness, shall provide oversight
of the task force. The Washington Headquarters Service of the
Department of Defense shall provide the task force with
personnel, facilities, and other administrative support as
necessary for the performance of the task force's duties.
(3) The Deputy Under Secretary shall coordinate with the
Secretary of the Army to provide visits of the task force to
the United States Military Academy and with the Secretary of
the Navy to provide visits of the task force to the United
States Naval Academy.
(i) Termination.--The task force shall terminate 90 days
after the date on which the report of the task force is
submitted to the Committees on Armed Services of the Senate
and House of Representatives pursuant to subsection (d)(3).
Subtitle E--Administrative Matters
SEC. 541. ENHANCEMENTS TO HIGH-TEMPO PERSONNEL PROGRAM.
(a) Revisions to Deployment Limits and Authority To
Authorize Exemptions.--Subsection (a) of section 991 of title
10, United States Code, is amended to read as follows:
``(a) Service and General or Flag Officer
Responsibilities.--(1) Subject to paragraph (3), the
deployment (or potential deployment) of members of the armed
forces shall be managed to ensure that a member is not
deployed, or continued in a deployment, on any day on which
the total number of days on which the member has been
deployed out of the preceding 730 days would exceed the high-
deployment threshold.
``(2) In this subsection, the term `high-deployment
threshold' means--
``(A) 400 days; or
``(B) a lower number of days prescribed by the Secretary of
Defense.
``(3) A member may be deployed, or continued in a
deployment, without regard to paragraph (1) if the
deployment, or continued deployment, is approved by the
Secretary of Defense. The authority of the Secretary under
the preceding sentence may only be delegated to--
``(A) a civilian officer of the Department of Defense
appointed by the President, by and with the advise and
consent of the Senate, or a member of the Senior Executive
Service; or
``(B) a general or flag officer in that member's chain of
command (including an officer in the grade of colonel, or in
the case of the Navy, captain, serving an in a general or
flag officer position who has been selected for promotion to
the grade of brigadier general or rear admiral (lower
half)).''.
(b) Changes From Per Diem to High-Deployment Allowance.--
(1) Subsection (a) of section 436 of title 37, United States
Code, is amended to read as follows:
``(a) Monthly Allowance.--The Secretary of the military
department concerned shall pay a high-deployment allowance to
a member of the armed forces under the Secretary's
jurisdiction for each month during which the member--
``(1) is deployed; and
``(2) at any time during that month--
``(A) has been deployed for 191 or more consecutive days
(or a lower number of consecutive days prescribed by the
Secretary of Defense);
``(B) has been deployed, out of the preceding 730 days, for
a total of 401 or more days (or a lower number of days
prescribed by the Secretary of Defense); or
``(C) in the case of a member of a reserve component, is on
active duty under a call or order to active duty for a period
of more than 30 days that is the second (or later) such call
or order to active duty (whether voluntary or involuntary)
for that member in support of the same contingency
operation.''.
(2) Subsection (c) of such section is amended to read as
follows:
``(c) Rate.--The monthly rate of the allowance payable to a
member under this section shall be determined by the
Secretary concerned, not to exceed $1,000 per month.''.
(3) Such section is further amended--
(A) in subsection (d), by striking ``per diem'';
(B) in subsection (e), by striking ``per diem'' and
inserting ``allowance'';
(C) in subsection (f)--
(i) by striking ``per diem'' and inserting ``allowance'';
and
(ii) by striking ``day on'' and inserting ``month during'';
and
(D) by adding at the end the following new subsection:
``(g) Authority to Exclude Certain Duty Assignments.--The
Secretary concerned may exclude members serving in specified
duty assignments from eligibility for the high-deployment
allowance while serving in those assignments. Any such
specification of duty assignments may only be made with the
approval of the Secretary of Defense. Specification of a
particular duty assignment for purposes of this subsection
may not be implemented so as to apply to the member serving
in that position at the time of such specification.''.
(4)(A) The heading of such section is amended to read as
follows:
``Sec. 436. Monthly high-deployment allowance for lengthy or
numerous deployments''.
(B) The item relating to that section in the table of
sections at the beginning of chapter 7 of such title is
amended to read as follows:
``436. Monthly high-deployment allowance for lengthy or numerous
deployments.''.
(c) Changes to Reporting Requirement.--Section 487(b)(5) of
title 10, United States Code, is amended to read as follows:
``(5) For each of the armed forces, the description shall
indicate, for the period covered by the report--
``(A) the number of members who received the high-
deployment allowance under section 436 of title 37;
``(B) the number of members who received each rate of
allowance paid;
``(C) the number of members who received the allowance for
one month, for two months, for three months, for four months,
for five months, for six months, and for more than six
months; and
``(D) the total amount spent on the allowance.''.
SEC. 542. ENHANCED RETENTION OF ACCUMULATED LEAVE FOR HIGH-
DEPLOYMENT MEMBERS.
(a) Enhanced Authority to Retain Accumulated Leave.--
Paragraph (1) of section 701(f) of title 10, United States
Code, is amended to read as follows:
``(f)(1)(A) The Secretary concerned, under uniform
regulations to be prescribed by the Secretary of Defense, may
authorize a member described in subparagraph (B) who, except
for this paragraph, would lose any accumulated leave in
excess of 60 days at the end of the fiscal year, to retain an
accumulated total of 120 days leave.
``(B) This subsection applies to a member who serves on
active duty for a continuous period of at least 120 days--
``(i) in an area in which the member is entitled to special
pay under section 310(a) of title 37; or
``(ii) while assigned to a deployable ship or mobile unit
or to other duty comparable to that specified in clause (i)
that is designated for the purpose of this subsection.
``(C) Except as provided in paragraph (2), Leave in excess
of 60 days accumulated under this paragraph is lost unless it
is used by the member before the end of the third fiscal year
after the fiscal year in which the continuous period of
service referred to in subparagraph (B) terminated.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2003, or the date of the
enactment of this Act, whichever is later.
SEC. 543. STANDARDIZATION OF TIME-IN-SERVICE REQUIREMENTS FOR
VOLUNTARY RETIREMENT OF MEMBERS OF THE NAVY AND
MARINE CORPS WITH ARMY AND AIR FORCE
REQUIREMENTS.
(a) Officers in Regular Navy or Marine Corps Who Completed
40 Years of Active Service.--Section 6321(a) of title 10,
United States Code, is amended by striking ``after completing
40 or more years'' and inserting ``and has at least 40
years''.
(b) Officers in Regular Navy or Marine Corps Who Completed
30 Years of Active Service.--Section 6322(a) of such title is
amended by striking ``after completing 30 or more years'' and
inserting ``and has at least 30 years''.
(c) Officers in Navy or Marine Corps Who Completed 20 Years
of Active Service.--Section 6323(a)(1) of such title is
amended by striking ``after completing more than 20 years''
and inserting ``and has at least 20 years''.
(d) Enlisted Members in Regular Navy or Marine Corps Who
Completed 30 Years of Active Service.--Section 6326(a) of
such title is amended by striking ``after completing 30 or
more years'' and inserting ``and has at least 30 years''.
(e) Transfer of Enlisted Members to the Fleet Reserve and
Fleet Marine Corps Reserve.--Section 6330(b) of such title is
amended by striking ``who has completed 20 or more years''
both places it appears and inserting ``who has at least 20
years''.
(f) Transfer of Members of the Fleet Reserve and Fleet
Marine Corps Reserve to the Retired List.--Section 6331(a) of
such title is amended by striking ``completed 30 years'' and
inserting ``has at least 30 years''.
(g) Effective Date.--The Secretary of the Navy shall
prescribe the date on which the amendments made by this
section shall take effect. The Secretary shall publish such
date, when prescribed, in the Federal Register.
SEC. 544. STANDARDIZATION OF STATUTORY AUTHORITIES FOR
EXEMPTIONS FROM REQUIREMENT FOR ACCESS TO
SECONDARY SCHOOLS BY MILITARY RECRUITERS.
(a) Consistency With Elementary and Secondary Education Act
of 1965.--Paragraph (5) of section 503(c) of title 10, United
States Code, is amended by striking ``apply to--'' and all
that follows through ``school which'' and inserting ``apply
to a private secondary school that''.
(b) Correction of Cross Reference.--Paragraph (6)(A)(i) of
such section is amended by striking ``14101'' and ``8801''
and inserting ``9101'' and ``7801'', respectively.
[[Page H4435]]
SEC. 545. PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR
AWARD OF THE PURPLE HEART MEDAL TO VETERANS
HELD AS PRISONERS OF WAR BEFORE APRIL 25, 1962.
Subsection (b) of section 521 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 309; 10 U.S.C. 1129 note) is amended to read as
follows:
``(b) Standards and Procedures for Award.--In determining
whether a former prisoner of war is eligible for the award of
the Purple Heart under subsection (a), the Secretary
concerned shall apply the following procedures:
``(1) The standard to be used by the Secretary concerned
for awarding the Purple Heart under this section shall be to
award the Purple Heart in any case in which a prisoner of war
(A) was wounded while in captivity, or (B) while in captivity
was subjected to systematic and prolonged deprivation of
food, medical treatment, and other forms of deprivation or
mistreatment likely to have prolonged aftereffects on the
individual concerned.
``(2) When a former prisoner of war applies for the Purple
Heart under subsection (a), the Secretary concerned may
request the former prisoner of war to provide any
documentation that the Secretary would otherwise require, but
failure of the former prisoner of war to provide such
documentation shall not by itself be a disqualification for
award of the Purple Heart.
``(3) The Secretary concerned shall inform the former
prisoner of war that historical information as to the prison
camp or other circumstances in which the former prisoner of
war was held captive and other information as to the
circumstances of the former prisoner of war's captivity may
be considered by the Secretary in evaluating the application
for the award of the Purple Heart and that the former
prisoner of war may submit such information.
``(4) The Secretary concerned shall provide assistance to
the applicant for the Purple Heart in obtaining information
referred to in paragraph (3).
``(5) The Secretary shall review a completed application
under this section based upon the totality of the evidence
presented and shall take into account the length of time
between the period during which the applicant was held as a
prisoner of war and the date of the application.
``(6) In considering an application under this section, the
Secretary shall take into account the length of time that the
applicant was held in captivity, which while not in itself
establishing entitlement of the applicant to award of the
Purple Heart, can and should be a factor in determining
whether a former prisoner of war was likely to have been
wounded, starved, or denied medical treatment to the extent
likely to have prolonged aftereffects on the individual
concerned.''.
SEC. 546. AUTHORITY FOR RESERVE AND RETIRED REGULAR OFFICERS
TO HOLD STATE AND LOCAL ELECTIVE OFFICE
NOTWITHSTANDING CALL TO ACTIVE DUTY.
Section 973(b)(3) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following:
``(B) The prohibition in subparagraph (A) does not apply to
the functions of a civil office held by election, in the case
of an officer to whom this subsection applies by reason of
subparagraph (B) or (C) of paragraph (1).''.
SEC. 547. CLARIFICATION OF OFFENSE UNDER THE UNIFORM CODE OF
MILITARY JUSTICE RELATING TO DRUNKEN OR
RECKLESS OPERATION OF A VEHICLE, AIRCRAFT, OR
VESSEL.
Section 551 of title 10, United States Code (article 111 of
the Uniform Code of Military Justice), is amended--
(1) in subsection (a)(2) by striking ``in excess of'' and
inserting ``at, or in excess of,''; and
(2) in subsection (b)(4), by striking ``maximum
permissible'' and all that follows through the period at the
end and inserting ``amount of alcohol concentration in a
person's blood or breath at which operation or control of a
vehicle, aircraft, or vessel is prohibited.''.
SEC. 548. PUBLIC IDENTIFICATION OF CASUALTIES NO SOONER THAN
24 HOURS AFTER NOTIFICATION OF NEXT-OF-KIN.
The Secretary of Defense may not publicly release the name
or other personally identifying information of any member of
the Army, Navy, Air Force, or Marine Corps who while on
active duty or performing inactive duty training is killed or
injured, whose duty status becomes unknown, or who is
otherwise considered to be a casualty until a period of 24
hours has elapsed after the notification of the next-of-kin
of such member.
Subtitle F--Benefits
SEC. 551. ADDITIONAL CLASSES OF INDIVIDUALS ELIGIBLE TO
PARTICIPATE IN THE FEDERAL LONG-TERM CARE
INSURANCE PROGRAM.
(a) Certain Employees of the District of Columbia
Government.--Section 9001(1) of title 5, United States Code,
is amended by striking ``2105(c),'' and all that follows and
inserting ``2105(c).''.
(b) Former Federal Employees Who Would Be Eligible To Begin
Receiving an Annuity Upon Attaining the Requisite Minimum
Age.--Section 9001(2) of title 5, United States Code, is
amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) any former employee who, on the basis of his or her
service, would meet all requirements for being considered an
`annuitant' within the meaning of subchapter III of chapter
83, chapter 84, or any other retirement system for employees
of the Government, but for the fact that such former employee
has not attained the minimum age for title to annuity.''.
(c) Reservists Transferred to the Retired Reserve Who Are
Under Age 60.--Section 9001(4) of title 5, United States
Code, is amended by striking ``including'' and all that
follows through ``who has'' and inserting ``and a member who
has been transferred to the Retired Reserve and who would be
entitled to retired pay under chapter 1223 of title 10 but
for not having''.
SEC. 552. AUTHORITY TO TRANSPORT REMAINS OF RETIREES AND
RETIREE DEPENDENTS WHO DIE IN MILITARY
TREATMENT FACILITIES OUTSIDE THE UNITED STATES.
(a) Authorized Transportation.--Section 1490 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``located in the United
States''; and
(2) in subsection (b)(1), by striking ``outside the United
States or to a place''.
(b) Conforming Amendment.--Subsection (c) of such section
is amended to read as follows:
``(c) Definition of Dependent.--In this section, the term
`dependent' has the meaning given such term in section
1072(2) of this title.''.
(c) Effective Date.--The amendments made by this section
shall apply only with respect to persons dying on or after
the date of the enactment of this Act.
SEC. 553. ELIGIBILITY FOR DEPENDENTS OF CERTAIN MOBILIZED
RESERVISTS STATIONED OVERSEAS TO ATTEND DEFENSE
DEPENDENTS SCHOOLS OVERSEAS.
(a) Tuition-Free Status Parity With Dependents of Other
Reservists.--Section 1404(c) of the Defense Dependents'
Education Act of 1978 (20 U.S.C. 923(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The Secretary shall include in the regulations
prescribed under this subsection a requirement that children
in the class of children described in subparagraph (B) shall
be subject to the same tuition requirements, or waiver of
tuition requirements, as children in the class of children
described in subparagraph (C).
``(B) The class of children described in this subparagraph
are children of members of reserve components of the Armed
Forces who--
``(i) are on active duty under an order to active duty
under section 12301 or 12302 of title 10, United States Code;
``(ii) were ordered to active duty from a location in the
United States (other than in Alaska or Hawaii); and
``(iii) are serving on active duty outside the United
States or in Alaska or Hawaii in a tour of duty that
(voluntarily or involuntarily) has been extended to a period
in excess of one year.
``(C) The class of children described in this subparagraph
are children of members of reserve components of the Armed
Forces who--
``(i) are on active duty under an order to active duty
under section 12301 or 12302 of title 10, United States Code;
``(ii) were ordered to active duty from a location outside
the United States (or in Alaska or Hawaii); and
``(iii) are serving on active duty outside the United
States or in Alaska or Hawaii.''.
(b) Clerical Amendment.--The heading of such section is
amended to read as follows:
``space-available enrollment of students; tuition''.
(c) Implementation of Required New Regulations.--
Regulations required by paragraph (2) of section 1404(c) of
the Defense Dependents' Education Act of 1978 (20 U.S.C.
923(c)), as added by subsection (a), shall be prescribed as
soon as practicable after the date of the enactment of this
Act in order to provide the earliest opportunity for
dependents covered by that paragraph to enroll in Department
of Defense dependents' schools, and in no event later than
the beginning of the first school term beginning after the
date of the enactment of this Act.
Subtitle G--Other Matters
SEC. 561. EXTENSION OF REQUIREMENT FOR EXEMPLARY CONDUCT BY
COMMANDING OFFICERS AND OTHERS IN AUTHORITY TO
INCLUDE CIVILIANS IN AUTHORITY IN THE
DEPARTMENT OF DEFENSE.
(a) In General.--(1) Chapter 50 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 992. Requirement of exemplary conduct: commanding
officers and others in authority
``All commanding officers and others in authority in the
Department of Defense are required--
``(1) to show in themselves a good example of virtue,
honor, patriotism, and subordination;
``(2) to be vigilant in inspecting the conduct of all
persons who are placed under their command or charge;
``(3) to guard against and to suppress all dissolute and
immoral practices and to correct, according to applicable
laws and regulations, all persons who are guilty of them; and
``(4) to take all necessary and proper measures, under the
laws, regulations, and customs applicable to the armed
forces, to promote and safeguard the morale, the physical
well-being, and the general welfare of all under their
command or charge.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``992. Requirement of exemplary conduct: commanding officers and others
in authority.''.
(b) Conforming Repeals.--Title 10, United States Code, is
further amended as follows:
(1) Section 3583, 5947, and 8583 are repealed.
[[Page H4436]]
(2)(A) The table of sections at the beginning of chapter
345 is amended by striking the item relating to section 3583.
(B) The table of sections at the beginning of chapter 551
is amended by striking the item relating to section 5947.
(C) The table of sections at the beginning of chapter 845
is amended by striking the item relating to section 8583.
SEC. 562. RECOGNITION OF MILITARY FAMILIES.
(a) Findings.--Congress makes the following findings:
(1) The families of both active and reserve component
military personnel, through their sacrifices and their
dedication to the Nation and its values, contribute
immeasurably to the readiness of the Nation's Armed Forces.
(2) Without the continued support of military families, the
Nation's ability to sustain a high quality all-volunteer
military force would be undermined.
(3) In these perilous and challenging times, with hundreds
of thousands of active and reserve military personnel
deployed overseas in places of combat and imminent danger,
military families are making extraordinary sacrifices and
will be required to do so for the foreseeable future.
(4) Beginning in 1997, military family service and support
centers have received materials from private, non-profit
organizational sources which are designed to encourage and
assist those centers in conducting activities to celebrate
the American military family during the Thanksgiving period
each November.
(b) Military Family Recognition.-- In view of the findings
in subsection (a), Congress determines that it is appropriate
that special measures be taken annually to recognize and
honor the American military family.
(c) Department of Defense Programs and Activities.--The
Secretary of Defense shall--
(1) implement and sustain programs, including appropriate
ceremonies and activities, to celebrate the contributions and
sacrifices of the American military family, including both
families of both active and reserve component military
personnel;
(2) focus the celebration of the American military family
during a specific period of each year to give full and proper
highlight to those families; and
(3) seek the assistance and support of appropriate civilian
organizations, associations, and other entities in carrying
out not only the annual celebration of the American military
family, but also in sustaining longer-term efforts.
SEC. 563. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Continuation of Department of Defense Program for
Fiscal Year 2004.--Of the amount authorized to be
appropriated pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $35,000,000 shall be
available only for the purpose of providing educational
agencies assistance to local educational agencies.
(b) Notification.--Not later than June 30, 2004, the
Secretary of Defense shall notify each local educational
agency that is eligible for educational agencies assistance
for fiscal year 2004 of--
(1) that agency's eligibility for the assistance; and
(2) the amount of the assistance for which that agency is
eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall
disburse funds made available under subsection (a) not later
than 30 days after the date on which notification to the
eligible local educational agencies is provided pursuant to
subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 564. PERMANENT AUTHORITY FOR SUPPORT FOR CERTAIN
CHAPLAIN-LED MILITARY FAMILY SUPPORT PROGRAMS.
(a) In General.--(1) Chapter 88 of title 10, United States
Code, is amended by inserting at the end of subchapter I the
following new section:
``Sec. 1789. Chaplain-led programs: authorized support
``(a) Authority.--The Secretary of a military department
may provide support services described in subsection (b) to
support chaplain-led programs to assist members of the armed
forces on active duty and their immediate family members, and
members of reserve components in an active status and their
immediate family members, in building and maintaining a
strong family structure.
``(b) Authorized Support Services.--The support services
referred to in subsection (a) are costs of transportation,
food, lodging, child care, supplies, fees, and training
materials for members of the armed forces and their family
members while participating in programs referred to in that
subsection, including participation at retreats and
conferences.
``(c) Immediate Family Members.--In this section, the term
`immediate family members', with respect to a member of the
armed forces, means--
``(1) the member's spouse; and
``(2) any child (as defined in section 1072(6) of this
title) of the member who is described in subparagraph (D) of
section 1072(2) of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1788 the following new item:
``1789. Chaplain-led programs: authorized support.''.
(b) Effective Date.--Section 1789 of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 2003.
SEC. 565. DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS JOINT EXECUTIVE COMMITTEE.
(a) Establishment of Joint Committee.--(1) Chapter 3 of
title 38, United States Code, is amended by adding at the end
the following new section:
``Sec. 320. Department of Veterans Affairs-Department of
Defense Joint Executive Committee
``(a) Joint Executive Committee.--(1) There is established
an interagency committee to be known as the Department of
Veterans Affairs-Department of Defense Joint Executive
Committee (hereinafter in this section referred to as the
`Committee').
``(2) The Committee is composed of--
``(A) the Deputy Secretary of Veterans Affairs and such
other officers and employees of the Department of Veterans
Affairs as the Secretary of Veterans Affairs may designate;
and
``(B) the Under Secretary of Defense for Personnel and
Readiness and such other officers and employees of the
Department of Defense as the Secretary of Defense may
designate.
``(b) Administrative Matters.--(1) The Deputy Secretary of
Veterans Affairs and the Under Secretary of Defense shall
determine the size and structure of the Committee, as well as
the administrative and procedural guidelines for the
operation of the Committee.
``(2) The two Departments shall supply appropriate staff
and resources to provide administrative support and services.
Support for such purposes shall be provided at a level
sufficient for the efficient operation of the Committee,
including a subordinate Health Executive Committee, a
subordinate Benefits Executive Committee, and such other
committees or working groups as considered necessary by the
Deputy Secretary and Under Secretary.
``(c) Recommendations.--(1) The Committee shall recommend
to the Secretaries strategic direction for the joint
coordination and sharing efforts between and within the two
Departments under section 8111 of this title and shall
oversee implementation of those efforts.
``(2) The Committee shall submit to the two Secretaries and
to Congress an annual report containing such recommendations
as the Committee considers appropriate.
``(d) Functions.--In order to enable the Committee to make
recommendations in its annual report under subsection (c)(2),
the Committee shall do the following:
``(1) Review existing policies, procedures, and practices
relating to the coordination and sharing of resources between
the two Departments.
``(2) Identify changes in policies, procedures, and
practices that, in the judgment of the Committee, would
promote mutually beneficial coordination, use, or exchange of
use of services and resources of the two Departments, with
the goal of improving the quality, efficiency and
effectiveness of the delivery of benefits and services to
veterans, service members, military retirees and their
families through an enhanced Department of Veterans Affairs
and Department of Defense partnership.
``(3) Identify and assess further opportunities for the
coordination and collaboration between the Departments that,
in the judgment of the Committee, would not adversely affect
the range of services, the quality of care, or the
established priorities for benefits provided by either
Department.
``(4) Review the plans of both Departments for the
acquisition of additional resources, especially new
facilities and major equipment and technology, in order to
assess the potential effect of such plans on further
opportunities for the coordination and sharing of resources.
``(5) Review the implementation of activities designed to
promote the coordination and sharing of resources between the
Departments.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``320. Department of Veterans Affairs-Department of Defense Joint
Executive Committee.''.
(b) Conforming Amendments.--(1) Subsection (c) of section
8111 of such title is repealed.
(2) Such section is further amended--
(A) in subsection (b)(2), by striking ``subsection (c)''
and inserting ``section 320 of this title'';
(B) in subsection (d)(1), by striking ``Committee
established in subsection (c)'' and inserting ``Department of
Veterans Affairs-Department of Defense Joint Executive
Committee'';
(C) in subsection (e)(1), by striking ``Committee under
subsection (c)(2)'' and inserting ``Department of Veterans
Affairs-Department of Defense Joint Executive Committee with
respect to health care resources''; and
(D) in subsection (f)(2), by striking subparagraphs (B) and
(C) and inserting the following:
``(B) The assessment of further opportunities identified by
the Department of Veterans Affairs-Department of Defense
Joint Executive Committee under subsection (d)(3) of section
320 of this title for the sharing of health-care resources
between the two Departments.
``(C) Any recommendation made by that committee under
subsection (c)(2) of that section during that fiscal year.''.
(c) Technical Amendments.--Subsection (f) of such section
is further amended by inserting ``(Public Law 107-314)'' in
paragraphs (3), (4)(A), (4)(B), and (5) after ``for Fiscal
Year 2003''.
(d) Effective Date.--(1) If this Act is enacted before
October 1, 2003--
[[Page H4437]]
(A) section 320 of title 38, United States Code, as added
by subsection (a), shall take effect on October 1, 2003; and
(B) the amendments made by subsections (b) and (c) shall
take effect on October 1, 2003, immediately after the
amendment made by section 721(a)(1) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314; 116 2589).
(2) If this Act is enacted on or after October 1, 2003, the
amendments made by this section shall take effect on the date
of the enactment of this Act.
SEC. 566. LIMITATION ON AVIATION FORCE STRUCTURE CHANGES IN
THE DEPARTMENT OF THE NAVY.
(a) Limitation.--The Secretary of the Navy shall ensure
that no reductions are made in the active and reserve force
structure of the Navy and Marine Corps for fixed- and rotary-
wing aircraft until 90 days have elapsed after the date as of
which both of the reports required by subsections (b) and (c)
have been received by the committees named in those
subsections.
(b) Naval Aviation Force Structure Plan.--The Secretary of
the Navy shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a detailed report on the changes to the
active and reserve aviation force structure in the Department
of the Navy that are proposed for fiscal years 2004 through
2009. The report shall include the following:
(1) The numbers of aircraft and helicopter force structure
planned for retirement.
(2) The amounts of planned budget authority to be saved,
shown by year and by appropriation, compared to the May 1,
2003, force structure.
(3) An assessment by the Chief of Naval Operations
comparing the future force structure plan with capabilities
of the Department of the Navy's aviation force structure on
May 1, 2003.
(4) A risk assessment of the planned force structure to
carry out the National Security Strategy of the United
States, dated September 2002.
(5) A risk assessment of the planned force based on the
assumptions applied in the September 30, 2001, Quadrennial
Defense Review Report.
(c) Active and Reserve Component Integration Plan.--The
Secretary of the Navy shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a concept of operations for
increasing the integration and use of Naval Reserve surface,
aviation, and other units and personnel with active component
forces in carrying out operational missions across the
peacetime and wartime spectrum of naval operations during the
period of 2004 through 2009.
SEC. 567. IMPACT AID ELIGIBILITY FOR HEAVILY IMPACTED LOCAL
EDUCATIONAL AGENCIES AFFECTED BY PRIVITIZATION
OF MILITARY HOUSING.
Section 8003(b)(2)(H) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2)(H)) is amended by
striking clauses (i) and (ii) and inserting the following:
``(i) Eligibility.--For any fiscal year beginning with
fiscal 2003, a heavily impacted local educational agency that
received a basic support payment under paragraph (b)(2) for
the prior fiscal year, but is ineligible for such payment for
the current fiscal year under subparagraph (B), (C), (D), or
(E), as the case may be, by reason of the conversion of
military housing units to private housing described in clause
(iii), shall be deemed to meet the eligibility requirements
under subparagraph (B) or (C), as the case may be for the
period during which the housing units are undergoing such
conversion.
``(ii) Amount of payment.--The amount of a payment to a
heavily impacted local educational agency for a fiscal year
by reason of the application of clause (i), and calculated in
accordance with subparagraph (D) or (E), as the case may be,
shall be based on the number of children in average daily
attendance in the schools of such agency for the fiscal year
and under the same provisions of subparagraph (D) or (E)
under which the agency was paid during the prior fiscal
year.''.
SEC. 568. INVESTIGATION INTO THE 1991 DEATH OF MARINE CORPS
COLONEL JAMES E. SABOW.
(a) Investigation Required.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of
Defense shall commence a new investigation into the death of
Colonel James S. Sabow, United States Marine Corps, who died
on January 22, 1991, at the Marine Corps Air Station, El
Toro, California.
(b) Focus of Investigation.--The principal focus of the
investigation under subsection (a) shall be to determine the
cause of Colonel Sabow's death, given the medical and
forensic factors associated with that death.
(c) Review by Outside Experts.--The Secretary of Defense
shall provide that the evidence concerning the cause of
Colonel Sabow's death and the medical and forensic factors
associated with his death shall be reviewed by medical and
forensic experts outside the Department of Defense.
(d) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a written report on the findings of the
investigation under subsection (a). The Secretary shall
include in the report (1) the Secretary's conclusions as a
result of the investigation, including the Secretary's
conclusions regarding the cause of death of Colonel Sabow,
and (2) the conclusions of the experts reviewing the matter
under subsection (c).
Subtitle H--Domestic Violence
SEC. 571. TRAVEL AND TRANSPORTATION FOR DEPENDENTS RELOCATING
FOR REASONS OF PERSONAL SAFETY.
Section 406(h) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
``(4)(A) The Secretary concerned shall provide to the
dependents of a member the travel and transportation
allowances described in paragraphs (1) and (3) in a case in
which--
``(i) a commander has substantiated that the member has
committed dependent abuse, as defined in section 1059(c) of
title 10;
``(ii) a safety plan and counseling have been provided;
``(iii) there has been a determination that the victim's
safety is at stake and that relocation is the best course of
action; and
``(iv) the abused dependent, or parent of the abused
dependent if the abused dependent is a child, requests
relocation,
``(B) In the case of allowances paid under subparagraph
(A), any monetary allowances shall accrue to the dependents
in lieu of the member and may be paid to the dependents.
``(C) Shipment of the dependent's baggage and household
effects, and of any motor vehicle, may not be provided until
there is a property division established by written agreement
with the member or by order of a court of competent
jurisdiction .''.
SEC. 572. COMMENCEMENT AND DURATION OF PAYMENT OF
TRANSITIONAL COMPENSATION.
(a) Commencement.--Paragraph (1)(A) of section 1059(e) of
title 10, United States Code, is amended by striking ``shall
commence'' and all that follows and inserting ``shall
commence--
``(i) as of the date the court martial sentence is adjudged
if the sentence, as adjudged, includes a dismissal,
dishonorable discharge, bad conduct discharge, or forfeiture
of all pay and allowances; or
``(ii) if there is a pretrial agreement that includes
disapproval or suspension of the dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay
and allowances, as of the date of the approval of the court-
martial sentence by the person acting under section 860(c) of
this title (article 60(c) of the Uniform Code of Military
Justice) if the sentence, as approved, includes an
unsuspended dismissal, dishonorable discharge, bad conduct
discharge, or forfeiture of all pay and allowances;''.
(b) Duration.--Paragraph (2) of such section is amended by
striking ``, except that'' and all that follows through ``12
months''.
(c) Termination.--Paragraph (3)(A) of such section is
amended by striking ``punishment applicable to the member
under the sentence is remitted, set aside, or mitigated'' and
inserting ``conviction is disapproved by the person acting
under section 860(c) of this title (article 60(c) of the
Uniform Code of Military Justice) or set aside, or each such
punishment applicable to the member under the sentence is
disapproved by the person acting under section 860(c) of this
title, remitted, set aside, suspended, or mitigated''.
SEC. 573. FLEXIBILITY IN ELIGIBILITY FOR TRANSITIONAL
COMPENSATION.
(a) Authority.--Section 1059 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(m) Additional Eligibility.--The Secretary concerned,
under regulations prescribed under subsection (k), may
authorize eligibility for benefits under this section to
dependents of a member or former member of the armed forces
not covered by subsection (b) if the Secretary concerned
determines that there are extenuating circumstances such that
granting benefits under this section is consistent with the
intent of this section.''.
(b) Effective Date.--The authority under subsection (m) of
section 1059 of title 10, United States Code, as added by
subsection (a), may only be exercised with respect to
eligibility for benefits under such section by reason of
conduct on or after the date of the enactment of this Act.
SEC. 574. TYPES OF ADMINISTRATIVE SEPARATIONS TRIGGERING
COVERAGE.
Section 1059(b)(2) of title 10, United States Code, is
amended by inserting ``, voluntarily or involuntarily,''
after ``administratively separated''.
SEC. 575. ON-GOING REVIEW GROUP.
Not later than two years after the date of the enactment of
this Act, the Secretary of Defense shall convene a working
group of not less than 12 members, composed in the same
manner as the Defense Task Force on Domestic Violence
established pursuant to section 591 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65).
The purpose of the working group shall be to review and
assess the progress of the Department of Defense in
implementation of the recommendations of the Defense Task
Force on Domestic Violence. In reviewing the status of the
Department's efforts, the group should specifically focus on
the Department's efforts to ensure confidentiality for
victims and accountability and education of commanding
officers and chaplains.
SEC. 576. RESOURCES FOR DEPARTMENT OF DEFENSE IMPLEMENTATION
ORGANIZATION.
The Secretary of Defense shall ensure that necessary
resources, including personnel, facilities, and other
administrative support, are provided to the organization
within the Office of the Secretary of Defense with direct
responsibility for oversight of implementation by the
military departments of recommendations of the Task Force in
order for that organization to carry out its duties and
responsibilities.
SEC. 577. FATALITY REVIEWS.
(a) Review of Fatalities.--The Secretary of Defense shall
conduct a multidisciplinary, impartial review (referred to as
a ``fatality review'') in the case of each fatality known or
[[Page H4438]]
suspected to have resulted from domestic violence or child
abuse against--
(1) a member of the Armed Forces;
(2) a current or former dependent of a member of the Armed
Forces; or
(3) a current or former intimate partner who has a child in
common or has shared a common domicile with a member of the
Armed Forces.
(b) Matters to be Included.--The report of a fatality
review under subsection (a) shall, at a minimum, include the
following:
(1) An executive summary.
(2) Data setting forth victim demographics, injuries,
autopsy findings, homicide or suicide methods, weapons,
police information, assailant demographics, and household and
family information.
(3) Legal disposition.
(4) System intervention and failures within the Department
of Defense.
(5) A discussion of significant findings.
(6) Recommendations for systemic changes within the
Department of Defense.
SEC. 578. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Secretary of Defense should adopt the strategic
plan proposed by the Defense Task Force on Domestic Violence
in its Third Year Report, as required by section 591(a) of
the Department of Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65); and
(2) the Secretary of each military department should
establish and support a Victim Advocate Protocol and provide
for nondisclosure to ensure confidentiality for victims who
come forward to receive advocacy, support, information, and
resources, as recommended by the Defense Task Force on
Domestic Violence.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2004.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2004 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay for Members of Armed Forces.--
Effective on January 1, 2004, the rates of monthly basic pay
for members of the Armed Forces within each pay grade are as
follows:
COMMISSIONED OFFICERS \1\
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------------------------------------------------------
O-10 \2\.................................. $0.00 $0.00 $0.00 $0.00 $0.00
O-9....................................... 0.00 0.00 0.00 0.00 0.00
O-8....................................... 7,751.10 8,004.90 8,173.20 8,220.60 8,430.30
O-7....................................... 6,440.70 6,739.80 6,878.40 6,988.50 7,187.40
O-6....................................... 4,773.60 5,244.30 5,588.40 5,588.40 5,609.70
O-5....................................... 3,979.50 4,482.90 4,793.40 4,851.60 5,044.80
O-4....................................... 3,433.50 3,974.70 4,239.90 4,299.00 4,545.30
O-3 \3\................................... 3,018.90 3,422.40 3,693.90 4,027.20 4,220.10
O-2 \3\................................... 2,595.60 2,956.50 3,405.00 3,519.90 3,592.50
O-1 \3\................................... 2,253.60 2,345.10 2,834.70 2,834.70 2,834.70
---------------------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
---------------------------------------------------------------------
O-10 \2\.................................. $0.00 $0.00 $0.00 $0.00 $0.00
O-9....................................... 0.00 0.00 0.00 0.00 0.00
O-8....................................... 8,781.90 8,863.50 9,197.10 9,292.80 9,579.90
O-7....................................... 7,384.20 7,611.90 7,839.00 8,066.70 8,781.90
O-6....................................... 5,850.00 5,882.10 5,882.10 6,216.30 6,807.30
O-5....................................... 5,161.20 5,415.90 5,602.80 5,844.00 6,213.60
O-4....................................... 4,809.30 5,137.80 5,394.00 5,571.60 5,673.60
O-3 \3\................................... 4,431.60 4,568.70 4,794.30 4,911.30 4,911.30
O-2 \3\................................... 3,592.50 3,592.50 3,592.50 3,592.50 3,592.50
O-1 \3\................................... 2,834.70 2,834.70 2,834.70 2,834.70 2,834.70
---------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
---------------------------------------------------------------------
O-10 \2\.................................. $0.00 $12,524.70 $12,586.20 $12,847.80 $13,303.80
O-9....................................... 0.00 10,954.50 11,112.30 11,340.30 11,738.40
O-8....................................... 9,995.70 10,379.10 10,635.30 10,635.30 10,635.30
O-7....................................... 9,386.10 9,386.10 9,386.10 9,386.10 9,433.50
O-6....................................... 7,154.10 7,500.90 7,698.30 7,897.80 8,285.40
O-5....................................... 6,389.70 6,563.40 6,760.80 6,760.80 6,760.80
O-4....................................... 5,733.00 5,733.00 5,733.00 5,733.00 5,733.00
O-3 \3\................................... 4,911.30 4,911.30 4,911.30 4,911.30 4,911.30
O-2 \3\................................... 3,592.50 3,592.50 3,592.50 3,592.50 3,592.50
O-1 \3\................................... 2,834.70 2,834.70 2,834.70 2,834.70 2,834.70
----------------------------------------------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned
officers in pay grades O-7 through O-10 may not exceed the rate of pay for level III of the Executive Schedule
and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the
Executive Schedule.
\2\ Subject to the preceding footnote, the rate of basic pay for an officer in this grade while serving as
Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations,
Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, is
$14,679.30, regardless of cumulative years of service computed under section 205 of title 37, United States
Code.
\3\ This table does not apply to commissioned officers in pay grade O-1, O-2, or O-3 who have been credited with
over 4 years of active duty service as an enlisted member or warrant officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------------------------------------------------------
O-3E...................................... $0.00 $0.00 $0.00 $4,027.20 $4,220.10
O-2E...................................... 0.00 0.00 0.00 3,537.00 3,609.90
O-1E...................................... 0.00 0.00 0.00 2,848.50 3,042.30
---------------------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
---------------------------------------------------------------------
O-3E...................................... $4,431.60 $4,568.70 $4,794.30 $4,984.20 $5,092.80
O-2E...................................... 3,724.80 3,918.60 4,068.60 4,180.20 4,180.20
O-1E...................................... 3,154.50 3,269.40 3,382.20 3,537.00 3,537.00
---------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
---------------------------------------------------------------------
[[Page H4439]]
O-3E...................................... $5,241.30 $5,241.30 $5,241.30 $5,241.30 $5,241.30
O-2E...................................... 4,180.20 4,180.20 4,180.20 4,180.20 4,180.20
O-1E...................................... 3,537.00 3,537.00 3,537.00 3,537.00 3,537.00
----------------------------------------------------------------------------------------------------------------
WARRANT OFFICERS \1\
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------------------------------------------------------
W-5....................................... $0.00 $0.00 $0.00 $0.00 $0.00
W-4....................................... 3,119.40 3,355.80 3,452.40 3,547.20 3,710.40
W-3....................................... 2,848.80 2,967.90 3,089.40 3,129.30 3,257.10
W-2....................................... 2,505.90 2,649.00 2,774.10 2,865.30 2,943.30
W-1....................................... 2,212.80 2,394.00 2,515.20 2,593.50 2,802.30
---------------------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
---------------------------------------------------------------------
W-5....................................... $0.00 $0.00 $0.00 $0.00 $0.00
W-4....................................... 3,871.50 4,035.00 4,194.30 4,359.00 4,617.30
W-3....................................... 3,403.20 3,595.80 3,786.30 3,988.80 4,140.60
W-2....................................... 3,157.80 3,321.60 3,443.40 3,562.20 3,643.80
W-1....................................... 2,928.30 3,039.90 3,164.70 3,247.20 3,321.90
---------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
---------------------------------------------------------------------
W-5....................................... $0.00 $5,360.70 $5,544.30 $5,728.80 $5,914.20
W-4....................................... 4,782.60 4,944.30 5,112.00 5,277.00 5,445.90
W-3....................................... 4,291.80 4,356.90 4,424.10 4,570.20 4,716.30
W-2....................................... 3,712.50 3,843.00 3,972.60 4,103.70 4,103.70
W-1....................................... 3,443.70 3,535.80 3,535.80 3,535.80 3,535.80
----------------------------------------------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for warrant
officers may not exceed the rate of pay for level V of the Executive Schedule.
ENLISTED MEMBERS \1\
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------------------------------------------------------
E-9 \2\................................... $0.00 $0.00 $0.00 $0.00 $0.00
E-8....................................... 0.00 0.00 0.00 0.00 0.00
E-7....................................... 2,145.00 2,341.20 2,430.60 2,549.70 2,642.10
E-6....................................... 1,855.50 2,041.20 2,131.20 2,218.80 2,310.00
E-5....................................... 1,700.10 1,813.50 1,901.10 1,991.10 2,130.60
E-4....................................... 1,558.20 1,638.30 1,726.80 1,814.10 1,891.50
E-3....................................... 1,407.00 1,495.50 1,585.50 1,585.50 1,585.50
E-2....................................... 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40
E-1 \3\................................... 1,173.90 1,173.90 1,173.90 1,173.90 1,173.90
---------------------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
---------------------------------------------------------------------
E-9 \2\................................... $0.00 $3,769.20 $3,854.70 $3,962.40 $4,089.30
E-8....................................... 3,085.50 3,222.00 3,306.30 3,407.70 3,517.50
E-7....................................... 2,801.40 2,891.10 2,980.20 3,139.80 3,219.60
E-6....................................... 2,516.10 2,596.20 2,685.30 2,763.30 2,790.90
E-5....................................... 2,250.90 2,339.70 2,367.90 2,367.90 2,367.90
E-4....................................... 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50
E-3....................................... 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50
E-2....................................... 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40
E-1 \3\................................... 1,173.90 1,173.90 1,173.90 1,173.90 1,173.90
---------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
---------------------------------------------------------------------
E-9 \2\................................... $4,216.50 $4,421.10 $4,594.20 $4,776.60 $5,054.70
E-8....................................... 3,715.50 3,815.70 3,986.40 4,081.20 4,314.30
E-7....................................... 3,295.50 3,341.70 3,498.00 3,599.10 3,855.00
E-6....................................... 2,809.80 2,809.80 2,809.80 2,809.80 2,809.80
E-5....................................... 2,367.90 2,367.90 2,367.90 2,367.90 2,367.90
E-4....................................... 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50
E-3....................................... 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50
E-2....................................... 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40
E-1 \3\................................... 1,173.90 1,173.90 1,173.90 1,173.90 1,173.90
----------------------------------------------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for enlisted
members may not exceed the rate of pay for level V of the Executive Schedule.
\2\ Subject to the preceding footnote, the rate of basic pay for an enlisted member in this grade while serving
as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force,
Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, is $6,090.90, regardless
of cumulative years of service computed under section 205 of title 37, United States Code.
\3\ In the case of members in pay grade E-1 who have served less than 4 months on active duty, the rate of basic
pay is $1,086.00.
(c) Increase in Basic Pay for Other Members of Uniformed
Services.--Effective on January 1, 2004, the rates of monthly
basic pay for members of the National Oceanic and Atmospheric
Administration and the Public Health Service are increased by
2 percent.
(d) Definitions.--In this section, the terms ``armed
forces'' and ``uniformed services'' have the meanings given
such terms in section 101 of title 37, United States Code.
[[Page H4440]]
SEC. 602. COMPUTATION OF BASIC PAY RATE FOR COMMISSIONED
OFFICERS WITH PRIOR ENLISTED OR WARRANT OFFICER
SERVICE.
Section 203(d)(2) of title 37, United States Code, is
amended--
(1) in subparagraph (A), by striking ``enlisted member,''
and all that follows through the period and inserting
``enlisted member.''; and
(2) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Service as a warrant officer, as an enlisted member,
or as a warrant officer and an enlisted member, for which at
least 1,460 points have been credited to the officer for the
purposes of section 12732(a)(2) of title 10.''.
SEC. 603. SPECIAL SUBSISTENCE ALLOWANCE AUTHORITIES FOR
MEMBERS ASSIGNED TO HIGH-COST DUTY LOCATION OR
UNDER OTHER UNIQUE AND UNUSUAL CIRCUMSTANCES.
(a) In General.--Section 402 of title 37, United States
Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Special Rule for High-Cost Duty Locations and Other
Unique and Unusual Circumstances.--The Secretary of Defense
may authorize a member of the armed forces who is assigned to
duty in a high-cost duty location or under other unique and
unusual circumstances, but is not entitled to the meals
portion of the per diem in connection with that duty, to
receive any or all of the following:
``(1) Meals at no cost to the member, regardless of the
entitlement of the member to a basic allowance for
subsistence under subsection (a).
``(2) A basic allowance for subsistence at the standard
rate, regardless of the entitlement of the member for all
meals or select meals during the duty day.
``(3) A supplemental subsistence allowance at a rate higher
than the basic allowance for subsistence rates in effect
under this section, regardless of the entitlement of the
member for all meals or select meals during the duty day.''.
(b) Retroactive and Prospective Application.--Subsection
(f) of section 402 of title 37, United States Code, as added
by subsection (a), shall apply with respect to members of the
Armed Forces assigned to duty in a high-cost duty location or
under other unique and unusual circumstances, as determined
pursuant to regulations prescribed pursuant to subsection
(c), after September 11, 2001.
(c) Regulations; Time Limits.--Final regulations to carry
out subsection (f) of section 402 of title 37, United States
Code, as added by subsection (a), shall be prescribed not
later than 180 days after the date of the enactment of this
Act. The regulations shall provide a method by which a member
of the Armed Forces covered by such subsection (f) may obtain
reimbursement for subsistence expenses incurred by the member
during the period beginning on September 11, 2001, and ending
on the date the regulations take effect.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(f )
of title 37, United States Code, is amended by striking
``December 31, 2003'' and inserting ``December 31, 2004''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of
such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(c) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is
amended by striking ``December 31, 2003'' and inserting
``December 31, 2004''.
(d) Selected Reserve Affiliation Bonus.--Section 308e(e) of
such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(e) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of such title is amended by striking
``December 31, 2003'' and inserting ``December 31, 2004''.
(f) Prior Service Enlistment Bonus.--Section 308i(f ) of
such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR CERTAIN HEALTH CARE
PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 2003'' and inserting ``December 31,
2004''.
(b) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of such title is amended by striking ``January 1,
2004'' and inserting ``January 1, 2005''.
(c) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2003'' and inserting ``December 31,
2004''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December
31, 2003'' and inserting ``December 31, 2004''.
(e) Special Pay for Selected Reserve Health Professionals
in Critically Short Wartime Specialties.--Section 302g(f ) of
such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(f) Accession Bonus for Dental Officers.--Section
302h(a)(1) of such title is amended by striking ``December
31, 2003'' and inserting ``December 31, 2004''.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of title 37, United
States Code, is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2003''
and inserting ``December 31, 2004''.
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking
``December 31, 2003'' and inserting ``December 31, 2004''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 2003''
and inserting ``December 31, 2004''.
(c) Enlistment Bonus for Active Members.--Section 309(e) of
such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(d) Retention Bonus for Members With Critical Military
Skills.--Section 323(i) of such title is amended by striking
``December 31, 2003'' and inserting ``December 31, 2004''.
(e) Accession Bonus for New Officers in Critical Skills.--
Section 324(g) of such title is amended by striking
``December 31, 2003'' and inserting ``December 31, 2004''.
SEC. 615. COMPUTATION OF HAZARDOUS DUTY INCENTIVE PAY FOR
DEMOLITION DUTY AND PARACHUTE JUMPING BY
MEMBERS OF RESERVE COMPONENTS ENTITLED TO
COMPENSATION UNDER SECTION 206 OF TITLE 37.
(a) In General.--Section 301(f) of title 37, United States
Code, is amended by adding at the end the following new
paragraph:
``(3) Notwithstanding paragraphs (1) or (2), if a member
described in paragraph (1) performs the duty described in
clauses (3) or (4) of subsection (a) in any month, the member
shall be entitled for that month to the full amount specified
in the first sentence of subsection (c)(1), in the case of
the duty described in clause (4) of subsection (a) or
parachute jumping involving the use of a static line, or the
full amount specified in the second sentence of subsection
(c)(1), in the case of parachute jumping in military free
fall operations.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2003.
SEC. 616. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER
PAY FOR RESERVE COMPONENT MEMBERS ON INACTIVE
DUTY.
(a) Expansion and Clarification of Current Law.--Section
310 of title 37, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by striking subsection (a) and inserting the following
new subsections:
``(a) Eligibility and Special Pay Amount.--Under
regulations prescribed by the Secretary of Defense, a member
of a uniformed service may be paid special pay at the rate of
$150 for any month in which--
``(1) the member was entitled to basic pay or compensation
under section 204 or 206 of this title; and
``(2) the member--
``(A) was subject to hostile fire or explosion of hostile
mines;
``(B) was on duty in an area in which the member was in
imminent danger of being exposed to hostile fire or explosion
of hostile mines and in which, during the period the member
was on duty in the area, other members of the uniformed
services were subject to hostile fire or explosion of hostile
mines;
``(C) was killed, injured, or wounded by hostile fire,
explosion of a hostile mine, or any other hostile action; or
``(D) was on duty in a foreign area in which the member was
subject to the threat of physical harm or imminent danger on
the basis of civil insurrection, civil war, terrorism, or
wartime conditions.
``(b) Continuation During Hospitalization.--A member
covered by subsection (a)(2)(C) who is hospitalized for the
treatment of the injury or wound may be paid special pay
under this section for not more than three additional months
during which the member is so hospitalized.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (c), as redesignated by subsection
(a)(1), by inserting ``Limitations and Administration.--''
before ``(1)''; and
(2) in subsection (d), as redesignated by subsection
(a)(1), by inserting ``Determinations of Fact.--'' before
``Any''.
SEC. 617. EXPANSION OF OVERSEAS TOUR EXTENSION INCENTIVE
PROGRAM TO OFFICERS.
(a) Special Pay or Bonus for Extending Overseas Tour of
Duty.--(1) Subsections (a) and (b) of section 314 of title
37, United States Code, are amended by striking ``an enlisted
member'' and inserting ``a member''.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 314. Special pay or bonus: qualified members extending
duty at designated locations overseas''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 5 of such title is
amended to read as follows:
``314. Special pay or bonus: qualified members extending duty at
designated locations overseas.''.
(b) Rest and Recuperative Absence in Lieu of Pay or
Bonus.--(1) Subsection (a) of section
[[Page H4441]]
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 recuperative absence for qualified members extending
duty at designated locations overseas.''.
SEC. 618. ELIGIBILITY OF APPOINTED WARRANT OFFICERS FOR
ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL
SKILLS.
Section 324 of title 37, United States Code, is amended in
subsections (a) and (f)(1) by inserting ``or an appointment''
after ``commission''.
SEC. 619. INCENTIVE PAY FOR DUTY ON GROUND IN ANTARCTICA OR
ON ARCTIC ICEPACK.
(a) In General.--(1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 301e the
following new section:
``Sec. 301f. Incentive pay: duty on ground in Antarctica or
on Arctic icepack
``(a) Availability of Incentive Pay.--A member of the
uniformed services who performs duty at a location described
in subsection (b) is entitled to special pay under this
section at a rate of $5 for each day of that duty.
``(b) Covered Locations.--Subsection (a) applies with
respect to duty performed on the ground in Antarctica or on
the Arctic icepack.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
301e the following new item:
``301f. Incentive pay: duty on ground in Antarctica or on Arctic
icepack.''.
(b) Effective Date.--Section 301f of title 37, United
States Code, as added by subsection (a), shall take effect on
October 1, 2003.
SEC. 620. SPECIAL PAY FOR SERVICE AS MEMBER OF WEAPONS OF
MASS DESTRUCTION CIVIL SUPPORT TEAM.
(a) In General.--(1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 305a the
following new section:
``Sec. 305b. Special pay: service as member of Weapons of
Mass Destruction Civil Support Team
``(a) Availability of Special Pay.--The Secretary of a
military department may pay special pay under this section to
a member of the armed forces under the jurisdiction of that
Secretary who is entitled to basic pay under section 204 and
is assigned by orders to duty as a member of a Weapons of
Mass Destruction Civil Support Team.
``(b) Monthly Rate.--Special pay payable under subsection
(a) shall be paid at a rate equal to $150 a month.
``(c) Eligibility of Reserve Component Members When
Performing Inactive Duty Training.--Under regulations
prescribed by the Secretary concerned and to the extent
provided for in appropriation Acts, when a member of a
reserve component of the armed forces who is entitled to
compensation under section 206 of this title performs duty
under orders as a member of a Weapons of Mass Destruction
Civil Support Team, the member may be paid an increase in
compensation equal to \1/30\ of the monthly special pay
specified in subsection (b) for each day on which the member
performs such duty.
``(d) Definition.--In this section, the term `Weapons of
Mass Destruction Civil Support Team' means a team of members
of the reserve components of the armed forces that is
established under section 12310(c) of title 10 in support of
emergency preparedness programs to prepare for or to respond
to any emergency involving the use of a weapon of mass
destruction.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
305a the following new item:
``305b. Special pay: service as member of Weapons of Mass Destruction
Civil Support Team.''.
(b) Effective Date.--Section 305b of title 37, United
States Code, as added by subsection (a), shall take effect on
October 1, 2003.
SEC. 621. INCENTIVE BONUS FOR AGREEMENT TO SERVE IN
CRITICALLY SHORT MILITARY OCCUPATIONAL
SPECIALTY.
(a) In General.--Chapter 5 of title 37, United States Code,
is amended by adding at the end the following new section:
``Sec. 326. Incentive bonus: lateral conversion bonus for
service in critically short military occupational
speciality
``(a) Incentive Bonus Authorized.--The Secretary concerned
may pay a bonus under this section to a member of the armed
forces who executes a written agreement to convert to, and
serve for a period of not less than two years in, a
critically short military occupational specialty.
``(b) Eligible Members.--A bonus may only be paid under
this section only to a member who--
``(1) is entitled to basic pay; and
``(2) is serving in pay grade E-6 (with less than 10 years
of service computed under section 205 of this title) or pay
grade E-5 or below (regardless of years of service) at the
time the agreement under subsection (a) is executed.
``(c) Amount and Payment of Bonus.--(1) A bonus under this
section may not exceed $4,000.
``(2) A bonus payable under this section shall be disbursed
in one lump sum payment when the member's conversion to the
critically short military occupational specialty is approved
by the personnel chief of the member's armed force.
``(d) Relationship to Other Pay and Allowances.--A bonus
paid to a member under this section is in addition to any
other pay and allowances to which the member is entitled.
``(e) Repayment of Bonus.--(1) A member who receives a
bonus under this section and who, voluntarily or because of
misconduct, fails to serve in the critically short military
occupational specialty for the period specified in the
agreement shall refund to the United States an amount that
bears the same ratio to the bonus amount paid to the member
as the unserved part of such period bears to the total period
agreed to be served.
``(2) An obligation to reimburse the United States imposed
under paragraph (1) is, for all purposes, a debt owed to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of the
agreement for which a bonus was paid under this section shall
not discharge the person signing such agreement from the debt
arising under paragraph (1).
``(4) Under regulations prescribed pursuant to subsection
(f), the Secretary concerned may waive, in whole in part, a
refund required under paragraph (1) if the Secretary
determines that recovery would be against equity and good
conscience or would be contrary to the best interests of the
United States.
``(f) Regulations.--The Secretaries concerned shall
prescribe regulations to carry out this section. Regulations
prescribed by the Secretary of a military department shall be
subject to the approval of the Secretary of Defense.
``(g) Definition.--In this section, the term `critically
short military occupational specialty' means a military
occupational specialty, military rating, or other military
speciality designated by the Secretary concerned as
undermanned for purposes of this section.
``(h) Termination of Authority.--No agreement under this
section may be entered into after December 31, 2004.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``326. Incentive bonus: lateral conversion bonus for service in
critically short military occupational speciality.''.
SEC. 622. INCREASE IN RATE FOR IMMINENT DANGER PAY AND FAMILY
SEPARATION ALLOWANCE RELATED TO SERVICE IN
OPERATION IRAQI FREEDOM OR OPERATION ENDURING
FREEDOM.
(a) Special Payment Rates.--Effective October 1, 2003, in
the case of a member of the uniformed services who serves,
for any period of time during a month, in a combat zone
designated for Operation Iraqi Freedom or Operation Enduring
Freedom, the monthly rate for imminent danger pay under
section 310 of title 37, United States Code, shall be deemed
to be $225 and the monthly rate for the family separation
allowance under section 427 of such title shall be deemed to
be $250.
(b) Duration.--The special rates for imminent danger pay
and the family separation allowance in effect under
subsection (a) for an operation referred to in such
subsection expire on the date the President terminates the
operation.
Subtitle C--Travel and Transportation Allowances
SEC. 631. SHIPMENT OF PRIVATELY OWNED MOTOR VEHICLE WITHIN
CONTINENTAL UNITED STATES.
(a) Authority to Procure Contract for Transportation of
Motor Vehicle.--Section 2634 of title 10, United States Code,
is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) In the case of a change of permanent station
described in subparagraph (A) or (B) of subsection (i)(1),
the Secretary concerned may authorize the member to arrange
for the shipment of the motor vehicle in lieu of
transportation at the expense of the United States under this
section. The Secretary concerned may pay the member a
monetary allowance in lieu of transportation, as established
under section 404(d)(1) of title 37, and the member shall be
responsible for any transportation costs in excess of such
allowance.''.
(b) Allowance for Self-Procurement of Transportation of
Motor Vehicle.--Section 406(b)(1)(B) of title 37, United
States Code, is amended by adding at the end the following
new sentence: ``In the case of the transportation of a motor
vehicle arranged by the member under section 2634(h) of title
10, the Secretary concerned may pay the member, upon proof of
shipment, a monetary allowance in lieu of transportation, as
established under section 404(d)(1) of this title.''.
SEC. 632. PAYMENT OR REIMBURSEMENT OF STUDENT BAGGAGE STORAGE
COSTS FOR DEPENDENT CHILDREN OF MEMBERS
STATIONED OVERSEAS.
Section 430(b)(2) of title 37, United States Code, is
amended in the first sentence by inserting before the period
at the end the following: ``or during a different period in
the same fiscal year selected by the member''.
SEC. 633. REIMBURSEMENT FOR LODGING EXPENSES OF CERTAIN
RESERVE COMPONENT AND RETIRED MEMBERS DURING
AUTHORIZED LEAVE FROM TEMPORARY DUTY LOCATION.
(a) Reimbursement Authorized.--The Secretary concerned (as
defined in section 101 of title 37, United States Code) may
reimburse a member of the Armed Forces described in
subsection (b) for lodging expenses incurred by the member at
the member's duty location while the member is in an
authorized leave status.
(b) Covered Members.--Subsection (a) applies with respect
to a member of a reserve component who is called or ordered
to active duty for a period of more than 30 days, or a
retired member who is ordered to active duty under section
688(a) of title 10, United States Code, if the member--
[[Page H4442]]
(1) immediately before taking authorized leave was
performing duty at a location away from the member's home;
(2) was receiving a per diem allowance under section
404(a)(4) of title 37, United States Code, to cover lodging
and subsistence expenses incurred at the duty location
because quarters of the United States were not available for
assignment to the member at that location; and
(3) immediately after completing the authorized leave,
returned to the duty location.
(c) Amount of Reimbursement.--The amount of the
reimbursement provided to a member under subsection (a) may
not exceed the lesser of--
(1) the actual daily cost of lodging incurred by the member
at the duty location while the member was in an authorized
leave status; and
(2) the lodging portion of the applicable daily per diem
rate for that duty location.
(d) Retroactive Application.--This section applies with
respect to members of the reserve components described in
subsection (b) who, since September 11, 2001, were or are
called or ordered to active duty for a period of more than 30
days and retired members described in such subsection who,
since that date, were or are ordered to active duty under
section 688(a) of title 10, United States Code.
Subtitle D--Retired Pay and Survivors Benefits
SEC. 641. FUNDING FOR SPECIAL COMPENSATION AUTHORITIES FOR
DEPARTMENT OF DEFENSE RETIREES.
(a) Source of Payments.--
(1) Section 1413(g) of title 10, United States Code, is
amended--
(A) by inserting before ``Payments under'' the following
new sentence: ``Payments under this section for a member of
the Army, Navy, Air Force, or Marine Corps shall be paid from
the Department of Defense Military Retirement Fund.''; and
(B) by inserting ``for any other member'' before ``for any
fiscal year''.
(2) Section 1413a(h) of such title is amended--
(A) by inserting before ``Payments under'' the following
new sentence: ``Payments under this section for a member of
the Army, Navy, Air Force, or Marine Corps shall be paid from
the Department of Defense Military Retirement Fund.''; and
(B) by inserting ``for any other member'' before ``for any
fiscal year''.
(b) Payment of Increased Retirement Trust Fund Costs Due to
Concurrent Receipt or Enhanced Special Disability
Compensation Payments.--
(1) Section 1463(a)(1) of this title is amended by
inserting before the semicolon the following: ``and payments
under section 1413, 1413a, or 1414 of this title paid to such
members''.
(2) Section 1465(b) of such title is amended by adding at
the end the following new paragraph:
``(3) At the same time that the Secretary of Defense makes
the determination required by paragraph (1) for any fiscal
year, the Secretary shall determine the amount of the
Treasury contribution to be made to the Fund for the next
fiscal year under section 1466(b)(2)(D) of this title. That
amount shall be determined in the same manner as the
determination under paragraph (1) of the total amount of
Department of Defense contributions to be made to the Fund
during that fiscal year under section 1466(a) of this title,
except that for purposes of this paragraph the Secretary, in
making the calculations required by subparagraphs (A) and (B)
of that paragraph, shall use the single level percentages
determined under subsection (c)(4), rather than those
determined under subsection (c)(1).''.
(3) Section 1465(c) of such title is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting before the semicolon
at the end the following: ``, to be determined without regard
to section 1413, 1413a, or 1414 of this title'';
(ii) in subparagraph (B), by inserting before the period at
the end the following: ``, to be determined without regard to
section 1413, 1413a, or 1414 of this title''; and
(iii) in the sentence following subparagraph (B), by
striking ``subsection (b)'' and inserting ``subsection
(b)(1)'';
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Whenever the Secretary carries out an actuarial
valuation under paragraph (1), the Secretary shall include as
part of such valuation the following:
``(A) A determination of a single level percentage
determined in the same manner as applies under subparagraph
(A) of paragraph (1), but based only upon the provisions of
section 1413, 1413a, or 1414 of this title (whichever is in
effect).
``(B) A determination of a single level percentage
determined in the same manner as applies under subparagraph
(B) of paragraph (1), but based only upon the provisions of
section 1413, 1413a, or 1414 of this title (whichever is in
effect).
Such single level percentages shall be used for the purposes
of subsection (b)(3).''.
(4) Section 1466(b) of such title is amended--
(A) in paragraph (1), by striking ``sections 1465(a) and
1465(c)'' and inserting ``sections 1465(a), 1465(b)(3),
1465(c)(2), and 1465(c)(3)''; and
(B) by adding at the end of paragraph (2) the following new
subparagraph:
``(D) The amount for that year determined by the Secretary
of Defense under section 1465(b)(3) of this title for the
cost to the Fund arising from increased amounts payable from
the Fund by reason of section 1413, 1413a, or 1414 of this
title.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2003.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
SEC. 651. EXPANDED COMMISSARY ACCESS FOR SELECTED RESERVE
MEMBERS, RESERVE RETIREES UNDER AGE 60, AND
THEIR DEPENDENTS.
(a) Access to Military Commissaries.--Section 1065 of title
10, United States Code, is amended--
(1) in subsections (a), (b), and (c), by inserting
``commissary stores and'' after ``use'' each place it
appears; and
(2) in subsection (d)--
(A) by inserting ``commissary stores and'' after ``use''
the first and third places it appears; and
(B) by inserting ``stores and'' after ``use'' the second
and fourth places it appears.
(b) Conforming Amendments; Transfer of Section.--Chapter 54
of such title is amended--
(1) by striking sections 1063 and 1064;
(2) in section 1063a(c)(2), by striking ``section 1065(e)''
and inserting ``section 1063(e)'';
(3) by redesignating section 1063a, as amended by paragraph
(2), as section 1064;
(4) by transferring section 1065, as amended by subsection
(a), so as to appear after section 1062; and
(5) by striking the heading of such section, as amended by
subsection (a) and transferred by paragraph (4), and
inserting the following new heading:
``Sec. 1063. Use of commissary stores and MWR retail
facilities: members of reserve components and reserve
retirees under age 60''.
(c) Clerical Amendments.--The table of sections at the
beginning of such chapter is amended by striking the items
relating to sections 1063, 1063a, 1064, and 1065 and
inserting the following new items:
``1063. Use of commissary stores and MWR retail facilities: members of
reserve components and reserve retirees under age 60.
``1064. Use of commissary stores and MWR retail facilities: members of
National Guard serving in federally declared disaster or
national emergency.''.
SEC. 652. DEFENSE COMMISSARY SYSTEM AND EXCHANGE STORES
SYSTEM.
(a) Existence of Systems.--Chapter 147 of title 10, United
States Code, is amended by inserting before section 2482 the
following new section:
``Sec. 2481. Existence of defense commissary system and
exchange stores system
``(a) In General.--The Secretary of Defense shall operate a
defense commissary system and an exchange stores system in
the manner provided by this chapter and other provisions of
law.
``(b) Separate Systems.--Except as authorized by section
2490a of this title, the defense commissary system and the
exchange stores system shall be operated as separate systems
of the Department of Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting before the
item relating to section 2482 the following new item:
``2481. Existence of defense commissary system and exchange stores
system.''.
SEC. 653. LIMITATIONS ON PRIVATE OPERATION OF DEFENSE
COMMISSARY STORE FUNCTIONS.
Section 2482(a) of title 10, United States Code, is
amended--
(1) by striking the first and second sentences and
inserting the following: ``(1) Under such regulations as the
Secretary of Defense may approve, private persons may operate
selected commissary store functions, except that such
functions may not include functions relating to the
procurement of products to be sold in a commissary store or
functions relating to the overall management of a commissary
system or the management of a commissary store.''; and
(2) by adding at the end the following new paragraph:
``(2) Any change to private operation of a commissary store
function shall not take effect until the Secretary of Defense
submits written notice of the proposed change to Congress and
a period of 90 days of continuous session of Congress expires
following the date on which notice was received, determined
as provided in section 2486(d)(2) of this title.''.
SEC. 654. USE OF APPROPRIATED FUNDS TO OPERATE DEFENSE
COMMISSARY SYSTEM.
(a) Requirement That Commissary Operating Expenses Be Paid
From Appropriated Funds.--Section 2484 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``may'' and inserting
``shall''; and
(2) in subsection (b), by striking ``may'' in the first
sentence and inserting ``shall''.
(b) Supplemental Funds for Commissary Operations.--Such
section is further amended by adding at the end the following
new subsection:
``(c) Supplemental Funds for Commissary Operations.--
Amounts appropriated to cover the expenses of operating the
Defense Commissary Agency and the defense commissary system
may be supplemented with additional funds from manufacturers'
coupon redemption fees, handling fees for tobacco products,
and other amounts received as reimbursement for other support
activities provided by commissary activities.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2003.
[[Page H4443]]
SEC. 655. RECOVERY OF NONAPPROPRIATED FUND INSTRUMENTALITY
AND COMMISSARY STORE INVESTMENTS IN REAL
PROPERTY AT MILITARY INSTALLATIONS CLOSED OR
REALIGNED.
(a) 1988 Law.--Section 204(b)(7)(C)(i) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended in the
second sentence by striking ``The Secretary may use amounts
in the account (in such an aggregate amount as is provided in
advance in appropriation Acts)'' and inserting ``Amounts in
the account shall be available to the Secretary, without
appropriation and until expended,''.
(b) 1990 Law.--Section 2906(d)(3) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended by
striking ``The Secretary may use amounts in the account (in
such an aggregate amount as is provided in advance in
appropriation Acts)'' and inserting ``Amounts in the account
shall be available to the Secretary, without appropriation
and until expended,''.
SEC. 656. COMMISSARY SHELF-STOCKING PILOT PROGRAM.
(a) Pilot Program Authority.--Subject to subsection (c),
the Secretary of Defense may conduct a pilot program under
which the stocking of shelves at three defense commissary
stores operated by the Defense Commissary Agency shall be the
sole responsibility of Federal employees of the Agency or
employees contracted by the agency.
(b) Implementation Plan.--(1) The Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a plan for the conduct of the pilot program.
The plan shall be submitted not later than six months after
the date of the enactment of this Act.
(2) The plan shall include the following:
(A) The financial structure of the pilot program and
expected costs.
(B) The Secretary's request to the Office of Personnel
Management to conduct the pilot program as a Federal civilian
personnel demonstration project under chapter 47 of title 5,
United States Code, or a plan to provide otherwise a
sufficiently flexible Federal civilian workforce for the
pilot program through another authority.
(C) Specification of the three sites for the conduct of the
pilot program and the criteria used to select those sites.
(D) Proposed duration of the pilot program and the expected
timing for providing to Congress the results of the pilot
program and recommendations of the Secretary.
(E) Other observations and recommendations of the
Secretary.
(c) Implementation.--The Secretary of Defense may not begin
to conduct the pilot program until a period of 30 days has
elapsed after the date of the submission of the plan for the
pilot program under subsection (b).
Subtitle F--Other Matters
SEC. 661. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT
FOR DESIGNATION OF CRITICAL MILITARY SKILLS FOR
RETENTION BONUS.
Section 323(b) of title 37, United States Code, is
amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
TITLE VII--HEALTH CARE PROVISIONS
SEC. 701. REVISION OF DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE
RETIREE HEALTH CARE FUND TO PERMIT MORE
ACCURATE ACTUARIAL VALUATIONS.
Section 1115(c) of title 10, United States Code, is amended
by adding at the end of paragraph (1) the following: ``In
determining single level dollar amounts under subparagraphs
(A) and (B) of this paragraph, the Secretary of Defense may
determine a separate single level dollar amount under either
or both subparagraphs for any participating uniformed
service, if, in the judgment of the Secretary, such a
determination would produce a more accurate and appropriate
actuarial valuation for that uniformed service.''.
SEC. 702. TRANSFER OF CERTAIN MEMBERS FROM PHARMACY AND
THERAPEUTICS COMMITTEE TO UNIFORM FORMULARY
BENEFICIARY ADVISORY PANEL UNDER THE PHARMACY
BENEFITS PROGRAM.
Section 1074g of title 10, United States Code, is amended--
(1) in subsection (b)(1) in the second sentence, by
striking ``facilities,'' and all that follows through the end
of the sentence and inserting ``facilities and
representatives of providers in facilities of the uniformed
services.''; and
(2) in subsection (c)(2)--
(A) by striking ``represent nongovernmental'' and inserting
the following: ``represent--
``(A) nongovernmental'';
(B) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following new subparagraphs:
``(B) contractors responsible for the TRICARE retail
pharmacy program;
``(C) contractors responsible for the national mail-order
pharmacy program; and
``(D) TRICARE network providers.''.
SEC. 703. PERMANENT EXTENSION OF AUTHORITY TO ENTER INTO
PERSONAL SERVICES CONTRACTS FOR THE PERFORMANCE
OF HEALTH CARE RESPONSIBILITIES AT LOCATIONS
OTHER THAN MILITARY MEDICAL TREATMENT
FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is
amended by striking ``The Secretary may not enter into a
contract under this paragraph after December 31, 2003.''.
SEC. 704. PLAN FOR PROVIDING HEALTH COVERAGE INFORMATION TO
MEMBERS, FORMER MEMBERS, AND DEPENDENTS
ELIGIBLE FOR CERTAIN HEALTH BENEFITS.
(a) Health Information Plan Required.--The Secretary of
Defense shall develop a plan to--
(1) ensure that each household that includes one or more
eligible persons is provided information concerning--
(A) the extent of health coverage provided by sections 1079
or 1086 of title 10, United States Code, for each such
person;
(B) the costs, including the limits on such costs, that
each such person is required to pay for such health coverage;
(C) sources of information for locating TRICARE-authorized
providers in the household's locality; and
(D) methods to obtain assistance in resolving difficulties
encountered with billing, payments, eligibility, locating
TRICARE-authorized providers, collection actions, and such
other issues as the Secretary considers appropriate;
(2) provide mechanisms to ensure that each eligible person
has access to information identifying TRICARE-authorized
providers in the person's locality who have agreed to accept
new patients under section 1079 or 1086 of title 10, United
States Code, and to ensure that such information is
periodically updated;
(3) provide mechanisms to ensure that each eligible person
who requests assistance in locating a TRICARE-authorized
provider is provided such assistance;
(4) provide information and recruitment materials and
programs aimed at attracting participation of health care
providers as necessary to meet health care access
requirements for all eligible persons; and
(5) provide mechanisms to allow for the periodic
identification by the Department of Defense of the number and
locality of eligible persons who may intend to rely on
TRICARE-authorized providers for health care services.
(b) Implementation of Plan.--The Secretary of Defense shall
implement the plan required by subsection (a) with respect to
any contract entered into by the Department of Defense after
May 31, 2003, for managed health care.
(c) Definitions.--In this section:
(1) The term ``eligible person'' means a person eligible
for health benefits under section 1079 or 1086 of title 10,
United States Code.
(2) The term ``TRICARE-authorized provider'' means a
facility, doctor, or other provider of health care services--
(A) that meets the licensing and credentialing
certification requirements in the State where the services
are rendered;
(B) that meets requirements under regulations relating to
TRICARE for the type of health care services rendered; and
(C) that has accepted reimbursement by the Secretary of
Defense as payment for services rendered during the 12-month
period preceding the date of the most recently updated
provider information provided to households under the plan
required by subsection (a).
(d) Submission of Plan.--Not later than March 31, 2004, the
Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives the plan required by
subsection (a), together with a schedule for implementation
of the plan.
SEC. 705. WORKING GROUP ON MILITARY HEALTH CARE FOR PERSONS
RELIANT ON HEALTH CARE FACILITIES AT MILITARY
INSTALLATIONS TO BE CLOSED OR REALIGNED.
Section 722 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1073 note) is
amended by striking subsections (a), (b), (c), and (d) and
inserting the following new subsections:
``(a) Establishment.--Not later than December 31, 2003, the
Secretary of Defense shall establish a working group on the
provision of military health care to persons who rely for
health care on health care facilities located at military
installations--
``(1) inside the United States that are selected for
closure or realignment in the 2005 round of realignments and
closures authorized by sections 2912, 2913, and 2914 of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as
added by title XXX of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 155 Stat. 1342); or
``(2) outside the United States that are selected for
closure or realignment as a result of force posture changes.
``(b) Membership.--The members of the working group shall
include, at a minimum, the following:
``(1) The Assistant Secretary of Defense of Health Affairs,
or the designee of the Assistant Secretary.
``(2) The Surgeon General of the Army, or the designee of
that Surgeon General.
``(3) The Surgeon General of the Navy, or the designee of
that Surgeon General.
``(4) The Surgeon General of the Air Force, or the designee
of that Surgeon General.
``(5) At least one independent member from each TRICARE
region, but not to exceed a total of 12 members appointed
under this paragraph, whose experience in matters within the
responsibility of the working group qualify that person to
represent persons authorized health care under chapter 55 of
title 10, United States Code.
``(c) Duties.--(1) In developing the selection criteria and
recommendations for the 2005 round of realignments and
closures required by sections 2913 and 2914 of the Defense
Base Closure and Realignment Act of 1990, the Secretary of
Defense shall consult with the working group.
``(2) The working group shall be available to provide
assistance to the Defense Base Closure and Realignment
Commission.
[[Page H4444]]
``(3) In the case of each military installation referred to
in paragraph (1) or (2) of subsection (a) whose closure or
realignment will affect the accessibility to health care
services for persons entitled to such services under chapter
55 of title 10, United States Code, the working group shall
provide to the Secretary of Defense a plan for the provision
of the health care services to such persons.
``(d) Special Considerations.--In carrying out its duties
under subsection (c), the working group--
``(1) shall conduct meetings with persons entitled to
health care services under chapter 55 of title 10, United
States Code, or representatives of such persons;
``(2) may use reliable sampling techniques;
``(3) may visit the areas where closures or realignments of
military installations will adversely affect the
accessibility of health care for such persons and may conduct
public meetings; and
``(4) shall ensure that members of the uniformed services
on active duty, members and former members of the uniformed
services entitled to retired or retainer pay, and dependents
and survivors of such members and retired personnel are
afforded the opportunity to express their views.''.
SEC. 706. ACCELERATION OF IMPLEMENTATION OF CHIROPRACTIC
HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.
The Secretary of Defense shall accelerate the
implementation of the plan required by section 702 of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (Public Law 106-398) (relating to chiropractic
health care services and benefits), with a goal of completing
implementation of the plan by October 1, 2005.
SEC. 707. MEDICAL AND DENTAL SCREENING FOR MEMBERS OF
SELECTED RESERVE UNITS ALERTED FOR
MOBILIZATION.
Section 1074a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(f)(1) The Department of Defense may provide medical and
dental screening and care to members of the Selected Reserve
who are assigned to a unit that has been alerted that the
unit will be mobilized for active duty in support of an
operational mission or contingency operation, during a
national emergency, or in a time of war.
``(2) The medical and dental screening and care that may be
provided under this subsection is screening and care
necessary to ensure that a member meets the medical and
dental standards for required deployment.
``(3) The services provided under this subsection shall be
provided to a member at no cost to the member and at any time
after the unit to which the member is assigned is alerted or
otherwise notified that the unit will be mobilized.''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
Section 845 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note) is
amended in subsection (g) by striking ``September 30, 2004''
and inserting ``September 30, 2008''.
SEC. 802. ELIMINATION OF CERTAIN SUBCONTRACT NOTIFICATION
REQUIREMENTS.
Subsection (e) of section 2306 of title 10, United States
Code, is amended--
(1) by striking ``(A)'' and ``(B)'' and inserting ``(i)''
and ``(ii)'', respectively;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively,
(3) by striking ``Each'' and inserting ``(1) Except as
provided in paragraph (2), each''; and
(4) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply to a prime contract
with a contractor that maintains a purchasing system approved
by the contracting officer for the contract.''.
SEC. 803. ELIMINATION OF REQUIREMENT TO FURNISH WRITTEN
ASSURANCES OF TECHNICAL DATA CONFORMITY.
Section 2320(b) of title 10, United States Code, is
amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8) and (9) as paragraphs
(7) and (8), respectively.
SEC. 804. LIMITATION PERIOD FOR TASK AND DELIVERY ORDER
CONTRACTS.
(a) In General.--Chapter 137 of title 10, United States
Code, is amended--
(1) in section 2304a--
(A) in subsection (e)--
(i) by inserting ``(1)'' before ``A task''; and
(ii) by adding at the end the following new paragraphs:
``(2) Unless use of procedures other than competitive
procedures is authorized by an exception in subsection (c) of
section 2304 of this title and approved in accordance with
subsection (f) of such section, competitive procedures shall
be used for making such a modification.
``(3) Notice regarding the modification shall be provided
in accordance with section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416) and section 8(e) of
the Small Business Act (15 U.S.C. 637(e)).''; and
(B) by striking subsection (f) and inserting the following:
``(f) Limitation on Contract Period.--The base period of a
task order contract or delivery order contract entered into
under this section may not exceed five years unless a longer
period is specifically authorized in a law that is applicable
to such contract. The contract may be extended for an
additional 5 years (for a total contract period of not more
than 10 years) through modifications, options, or
otherwise.''; and
(2) in section 2304b--
(A) by striking subsection (a) and inserting the following:
``(a) In General.--A task order contract (as defined in
section 2304d of this title) for procurement of advisory and
assistance services shall be subject to the requirements of
this section, sections 2304a and 2304c of this title, and
other applicable provisions of law.'';
(B) by striking subsections (b), (f), and (g) and
redesignating subsections (c), (d), (e), (h), and (i) as
subsections (b) through (f);
(C) by amending subsection (c) (as redesignated by
subparagraph (B)) to read as follows:
``(c) Required Content of Contract.--A task order contract
described in subsection (a) shall contain the same
information that is required by section 2304a(b) to be
included in the solicitation of offers for that contract.'';
and
(D) in subsection (d) (as redesignated by subparagraph
(B))--
(i) in paragraph (1), by striking ``under this section''
and inserting ``described in subsection (a)''; and
(ii) in paragraph (2), by striking ``under this section''.
(b) Repeals.--(1) Subsection (g) of section 2306c of title
10, United States Code, is repealed.
(2) Subsection (c) of section 811 of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314; 116 Stat. 2608) is repealed.
SEC. 805. ADDITIONAL AUTHORITIES RELATING TO OBTAINING
PERSONAL SERVICES.
(a) In General.--Section 129b of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``in accordance with
section 3109 of title 5''; and
(2) by adding at the end the following new subsection:
``(d) Additional Authority.--(1) In addition to the
authority provided under subsection (a), the Secretary of
Defense may enter into personal services contracts with
individuals, regardless of their nationality, outside of the
United States.
``(2) The contracting officer for a personal services
contract shall be responsible for ensuring that a personal
services contract is the appropriate vehicle for carrying out
the purpose of the contract.''.
(b) Intelligence Components.--(1) Subchapter I of chapter
21 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 426. Personal services contracts: authority and
limitations
``(a) Personal Services.--(1) The Secretary of Defense may,
notwithstanding section 3109 of title 5, enter into personal
services contracts in the United States if the personal
services directly support the mission of a defense
intelligence component or counter-intelligence organization.
``(2) The contracting officer for a personal services
contract shall be responsible for ensuring that a personal
services contract is the appropriate vehicle for carrying out
the purpose of the contract.
``(b) Definition.--In this section, the term `defense
intelligence component' means a component of the Department
of Defense that is an element of the intelligence community,
as defined in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).''.
(2) The table of sections at the beginning of such
subchapter is amended by adding at the end the following new
item:
``426. Personal services contracts: authority and limitations.''.
(c) Special Operations Command.--Section 167 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(l) Personal Services Contracts.--(1) The Secretary of
Defense may, notwithstanding section 3109 of title 5, enter
into personal services contracts in the United States if the
personal services directly support the mission of the special
operations command.
``(2) The contracting officer for a personal services
contract shall be responsible for ensuring that a personal
services contract is the appropriate vehicle for carrying out
the purpose of the contract.''.
SEC. 806. EVALUATION OF PROMPT PAYMENT PROVISIONS.
(a) Evaluation Requirement.--The Secretary of Defense shall
evaluate provisions of law and regulation relating to the
prompt payment of amounts due contractors under contracts
with the Department of Defense.
(b) Matters Covered.--In carrying out such evaluation, the
Secretary shall focus in particular on the implementation of
prompt payment provisions with respect to small businesses,
including--
(1) an analysis of compliance by the Department of Defense
with chapter 39 of title 31, United States Code, and
regulations applicable to the Department of Defense under
that chapter, with respect to small business contractors;
(2) a determination of the number of Department of Defense
contracts with small businesses that are not in compliance
with prompt payment requirements; and
(3) a determination of the average length of time that
elapses between performance of work by small business
contractors under Department of Defense contracts and payment
for such work.
[[Page H4445]]
Subtitle B--United States Defense Industrial Base Provisions
Part I--Critical Items Identification and Domestic Production
Capabilities Improvement Program
SEC. 811. ASSESSMENT OF UNITED STATES DEFENSE INDUSTRIAL BASE
CAPABILITIES.
(a) Assessment Program.--The Secretary of Defense, in
coordination with the Secretary of each military department,
shall establish a program to assess the capabilities of the
United States defense industrial base to produce military
systems necessary to support national security requirements.
(b) Designee.--The Secretary of each military department
shall designate a position to be responsible for assisting in
carrying out the program under subsection (a) with respect to
the military department concerned. The person designated to
serve in such position shall do the following:
(1) Report to the Service Acquisition Executive of the
military department concerned on defense industrial base
matters affecting the acquisition and production of military
systems.
(2) Provide information to assist the Secretary of Defense
in carrying out the Secretary's duties as a member of the
National Defense Technology and Industrial Base Council (as
established under section 2502 of title 10, United States
Code).
(3) Oversee the collection of data to assist the Secretary
of Defense in carrying out subsection (c).
(4) Oversee the process for identifying and determining
critical items to assist the Secretary of Defense in carrying
out section 812.
(c) Collection of Data.--The Secretary of Defense shall
collect data in support of the program. At a minimum, with
respect to each procurement for a covered military system,
the following information shall be collected:
(1) With respect to the contractor awarded the contract:
(A) An identification of the critical item or items
included in the covered military system and whether the item
is of a domestic or foreign source.
(B) Whether the contractor is a foreign contractor, and, if
so--
(i) whether the contract was awarded on a sole source basis
because of the unavailability of responsible offerors with
United States production capabilities; or
(ii) whether the contract was awarded after receipt of
offers from responsible offerors with United States
production capabilities.
(C) Whether the contractor is a United States contractor,
and, if the contractor plans to perform work under the
contract outside the United States, an identification of the
locations where the work (including research, development,
and manufacturing) will be performed.
(2) With respect to the offerors submitting bids or
proposals (other than the offeror awarded the contract):
(A) An identification of the critical item or items
included in the covered military system and whether the item
is of a domestic or foreign source.
(B) An identification of the domestic and foreign offerors
and the locations where the work (including research,
development, and manufacturing) was proposed to be performed
under the contract.
(C) A statement of whether there were no offerors or
whether there was only one offeror.
(d) Confidentiality.--The Secretary of Defense shall make
every effort to ensure that the information collected under
this section from private sector entities remains
confidential.
(e) Assessment.--The Secretary of Defense shall prepare an
assessment of the data compiled under this section during
every two-year period and shall submit the results of the
assessment to the Committees on Armed Services of the Senate
and the House of Representatives. The first such assessment
shall cover the period of fiscal Year 2002 and fiscal Year
2003 and shall be submitted to the Committees no later than
November 1, 2004.
SEC. 812. IDENTIFICATION OF CRITICAL ITEMS: MILITARY SYSTEM
BREAKOUT LIST.
(a) Identification Process.--The Secretary of Defense shall
establish a process to identify, with respect to each
military system--
(1) the items and components within the military system;
(2) the items and components within the military system
that are essential, in accordance with subsection (c); and
(3) the items and components within the military system
that are critical, in accordance with subsection (d).
(b) Military System Breakout List.--The Secretary of
Defense shall produce a list, to be known as the ``military
system breakout list'', consisting of the items and
components identified under the process established under
subsection (a).
(c) Essential Items and Components.--For purposes of
determining whether an item or component is essential, the
Secretary shall include only an item or component that--
(1) is essential for the proper functioning and performance
of the military system of which the item or component is a
part; or
(2) involves a critical technology (as defined in section
2500 of title 10, United States Code).
(d) Critical Items or Components.--(1) For purposes of
determining whether an item or component is critical, the
Secretary shall include only an item or component that--
(A) is essential, as determined under subsection (c); and
(B) with respect to which there is a high barrier to entry
for the production of the item or component.
(2) For purposes of paragraph (1)(B), a high barrier to
entry for the production of an item or component means that--
(A) there would be a significant period of time required to
reestablish United States production capabilities; and
(B) the level of investment necessary to reestablish United
States production capabilities that are able to meet surge
and sustained production rates for wartime requirements is
significant.
(e) Report.--Not later than November 1 of each year,
beginning with November 1, 2004, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
implementation of this section. The report shall include the
following:
(1) A list of each military system covered by the process
established under subsection (a).
(2) A list of items and components determined to be
essential.
(3) A list of items and components determined to be
critical.
(4) A list of the items and components contained in the
lists provided under paragraphs (2) and (3) that are
manufactured or produced outside the United States.
SEC. 813. PROCUREMENT OF CERTAIN CRITICAL ITEMS FROM AMERICAN
SOURCES.
(a) Requirement for Procurement of Certain Critical Items
Produced in United States.--With respect to items that meet
the criteria set forth in subsection (b), the Secretary of
Defense may procure such items only if the items are entirely
produced in the United States.
(b) Criteria.--For purposes of subsection (a), an item
meets the criteria of this subsection if--
(1) it is a critical item; and
(2) there are limited sources of production capability of
the item in the United States.
(c) Exception.--Subsection (a) does not apply to a
procurement of an item when the Secretary of Defense
determines in writing that the Department of Defense's need
for the item is of such an unusual and compelling urgency
that the United States would be seriously injured unless the
Department is permitted to procure the item from sources
outside the United States.
(d) Applicability.--Subsection (a) shall apply to contracts
for the procurement of covered military systems and
subcontracts under such contracts.
SEC. 814. PRODUCTION CAPABILITIES IMPROVEMENT FOR CERTAIN
CRITICAL ITEMS USING DEFENSE INDUSTRIAL BASE
CAPABILITIES FUND.
(a) Establishment of Fund.--There is established in the
Treasury of the United States a separate fund to be known as
the Defense Industrial Base Capabilities Fund (hereafter in
this section referred to as the`Fund').
(b) Moneys in Fund.--There shall be credited to the Fund
amounts appropriated to it.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Fund $100,000,000 for fiscal year
2004.
(d) Use of Fund.--The Secretary of Defense is authorized to
use all amounts in the Fund, subject to appropriation, for
the purposes of establishing capabilities within the United
States to produce critical items that meet any of the
following criteria:
(1) The item is available only from foreign contractors.
(2) The item is available only from a limited number of
United States contractors.
(e) Limitation on Use of Fund.--Before the obligation of
any amounts in the Fund, the Secretary of Defense shall
submit to Congress a report describing the Secretary's plans
for implementing the Fund established in subsection (a),
including the priorities for the obligation of amounts in the
Fund, the criteria for determining the recipients of such
amounts, and the mechanisms through which such amounts may be
provided to the recipients.
(f) Availability of Funds.--Amounts in the Fund shall
remain available until expended.
(g) Fund Manager.--The Secretary of Defense shall designate
a Fund manager. The duties of the Fund manager shall
include--
(1) ensuring the visibility and accountability of
transactions engaged in through the Fund; and
(2) reporting to Congress each year regarding activities of
the Fund during the previous fiscal year.
Part II--Requirements Relating to Specific Items
SEC. 821. DOMESTIC SOURCE LIMITATION AMENDMENTS.
(a) Additional Items.--Section 2534(a) of title 10, United
States Code, is amended by adding at the end of the following
new paragraphs:
``(6) Fuzes used for ordnance.
``(7) Microwave power tubes or traveling wave tubes.
``(8) PAN carbon fiber.
``(9) Aircraft tires.
``(10) Ground vehicle tires.
``(11) Tank track assemblies.
``(12) Tank track components.
``(13) Packaging in direct contact with meals within meals
ready-to-eat listed in Federal Supply Class 8970.''.
(b) Amendment of National Technology and Industrial Base.--
Paragraph (1) of section 2500 of title 10, United States
Code, is amended--
(1) by striking all that follows after ``States'' to the
end of the paragraph and inserting a period; and
(2) by striking ``production, or maintenance'' and
inserting ``production, and maintenance''.
(c) Amendment of Waiver Authority.--Section 2534(d) of
title 10, United States Code, is amended--
(1) in the text before paragraph (1), by inserting ``in
writing'' after ``determines'';
(2) by striking paragraphs (1), (2), (3), (6), (7), and
(8);
[[Page H4446]]
(3) by redesignating paragraphs (4) and (5) as paragraphs
(2) and (3), respectively, and in such paragraph (3), as so
redesignated, by adding at the end the following: ``This
exception shall not apply to items determined to be critical
by the Secretary of Defense under section 812 of the National
Defense Authorization Act for Fiscal Year 2004.''; and
(4) by inserting before paragraph (2), as so redesignated,
the following new paragraph (1):
``(1) The Department of Defense's need for the item is of
such an unusual and compelling urgency that the United States
would be seriously injured unless the Department is permitted
to procure the item from sources outside the United
States.''.
SEC. 822. REQUIREMENTS RELATING TO BUYING COMMERCIAL ITEMS
CONTAINING SPECIALTY METALS FROM AMERICAN
SOURCES.
(a) Specialty Metals and Other Industrial Base Protection
Measures.--(1) Subsection (b) of section 2533a of title 10,
United States Code, is amended--
(A) in paragraph (1)(B), by inserting before the semicolon
the following: ``and the materials and components thereof'';
and
(B) in paragraph (2), by inserting before the period the
following: `` and any specialty metal that may be part of
another item''.
(2) Subsection (c) is amended--
(A) by striking ``or the Secretary of the military
department concerned''; and
(B) by adding at the end the following: ``For each such
determination, the Secretary of Defense shall notify Congress
in writing of the factors supporting the determination.''.
(3) Section 2533a of such title is amended by adding at the
end the following new subsection:
``(l) Authority Not Delegable.--The Secretary may not
delegate any authority under this section to anyone other
than the Under Secretary of Defense for Acquisition,
Technology, and Logistics.''.
(b) Exception to Berry Amendment for Commercial Items
Containing Specialty Metals.--Section 2533a of title 10,
United States Code, is amended--
(1) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Exception for Commercial Items Containing Specialty
Metals.--
``(1) In General.--Subsection (a) does not apply to the
procurement of a commercial item containing specialty metals
if--
``(A) the contractor agrees to comply with the requirement
set forth in paragraph (2); or
``(B) the Secretary of Defense determines in writing that
the Department of Defense's need for the commercial item
containing specialty metal is of such an unusual and
compelling urgency that the United States would be seriously
injured unless the Department is permitted to procure the
item containing specialty metal from outside the United
States.
``(2) Requirement to purchase equivalent amount of domestic
metal.--For purposes of paragraph (1)(A), the requirement set
forth in this paragraph is that the contractor for each
contract entered into by the Secretary for the procurement of
a commercial item containing specialty metal agrees to
purchase, over the 18-month period beginning on the date of
award of the contract, an amount of specialty metal that is--
``(A) produced, including such functions as melting and
smelting, in the United States; and
``(B) equivalent to--
``(i) the amount of specialty metal (measured by factors
including volume, type, and grade) purchased to carry out the
work under the contract (including the work under each
subcontract at any tier under the contract); plus
``(ii) 10 percent of the amount referred to in clause (i).
``(3) Relationship to other exceptions.--The exceptions
under subsections (c), (d), and (h) of this section shall not
apply to the procurement of a commercial item containing
specialty metals.
``(4) Notice to congress.--The Secretary of Defense shall
not enter into a contract to procure a commercial item
containing specialty metal pursuant to the exception in
subsection (a) until Congress is notified that the Secretary
has applied the exception and a period of 15 days has expired
after such notification is made.
``(5) Notice to industry.--The Secretary of Defense shall
publish a notice in the Federal Register on the method that
the Department of Defense will use to measure an equivalent
amount of specialty metal for purposes of this subsection.
Such a method shall consider factors such as volume, type,
and grade of specialty metal that otherwise would be produced
from United States sources.''.
(c) Removal of Specialty Metal From Subsection (e)
Exception.--Subsection (e) of such section is amended--
(1) in the heading, by striking ``Specialty Metals and'';
and
(2) by striking ``specialty metals or''.
(d) Conforming Amendment.--Subsection (a) of section 2533a
of such title is amended by striking ``through (h)'' and
inserting ``through (i)''.
(e) Effective Date.--Section 2533a(i) of title 10, United
States Code, as added by subsection (a), shall apply to each
contract for the procurement of a commercial item containing
specialty metal entered into before, on, or after the date of
the enactment of this Act.
SEC. 823. ELIMINATION OF UNRELIABLE SOURCES OF DEFENSE ITEMS
AND COMPONENTS.
(a) Identification of Certain Countries.--The Secretary of
Defense shall identify foreign countries that, by law,
policy, or regulation, restricted the provision or sale of
military goods or services to the United States because of
United States policy toward, or military operations in, Iraq
since September 12, 2002.
(b) Prohibition on Procurement of Certain Items From
Identified Countries.--The Secretary of Defense may not
procure any items or components contained in military systems
if the items or components, or the systems, are manufactured
in any foreign country identified under subsection (a).
(c) Waiver Authority.--The Secretary of Defense may waive
the limitation in subsection (b) if the Secretary determines
in writing and notifies Congress that the Department of
Defense's need for the item is of such an unusual and
compelling urgency that the United States would be seriously
injured unless the Department is permitted to procure the
item from the sources identified in subsection (a).
(d) Effective Date.--(1) Subject to paragraph (2),
subsection (b) applies to contracts in existence on the date
of the enactment of this Act or entered into after such date.
(2) With respect to contracts in existence on the date of
the enactment of this Act, the Secretary of Defense shall
take such action as is necessary to ensure that such
contracts are in compliance with subsection (b) not later
than 24 months after such date.
SEC. 824. CONGRESSIONAL NOTIFICATION REQUIRED BEFORE
EXERCISING EXCEPTION TO REQUIREMENT TO BUY
SPECIALTY METALS FROM AMERICAN SOURCES.
Section 2533a(c) of title 10, United States Code, is
amended by adding at the end the following new sentence:
``The Secretary of Defense or the Secretary of the military
department concerned may not procure specialty metals
pursuant to the exception authorized by this subsection until
the Secretary submits to Congress and publishes in the
Federal Register notice of the determination made under this
subsection and a period of 15 days expires after the date
such notification is submitted.''.
SEC. 825. REPEAL OF AUTHORITY FOR FOREIGN PROCUREMENT OF
PARA-ARAMID FIBERS AND YARNS.
Section 807 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2084) is repealed.
SEC. 826. REQUIREMENT FOR MAJOR DEFENSE ACQUISITION PROGRAMS
TO USE MACHINE TOOLS ENTIRELY PRODUCED WITHIN
THE UNITED STATES.
(a) In General.--(1) Chapter 144 of title 10, United States
Code, is amended by inserting after section 2435 the end the
following new section:
``Sec. 2436. Major defense acquisition programs: requirement
for certain items to be entirely produced in United States
``The Secretary of Defense shall require that, for any
procurement of a major defense acquisition program--
``(1) the contractor for the procurement shall use only
machine tools entirely produced within the United States to
carry out the contract; and
``(2) any subcontractor under the contract shall comply
with paragraph (1) in the case of any contract in an amount
that is $5,000,000 or greater.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2436. Major defense acquisition programs: requirement for certain
items to be entirely produced in United States.''.
(b) Effective Date.--Section 2436 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to contracts entered into after the date occurring
four years after the date of the enactment of this Act.
Part III--General Provisions
SEC. 831. DEFINITIONS.
In this subtitle:
(1) Covered military system.--The term ``covered military
system'' means a military system that includes one or more
critical items.
(2) Military system.--The term ``military system'' means a
military system necessary to support national security
requirements, as determined by the Secretary of Defense, and
which costs more than $25,000. At a minimum, the term
includes the following:
(A) Weapons listed in Federal Supply Group 10.
(B) Nuclear ordnance listed in Federal Supply Group 11.
(C) Fire control equipment listed in Federal Supply Group
12.
(D) Ammunition and explosives listed in Federal Supply
Group 13.
(E) Guided missiles listed in Federal Supply Group 14.
(F) Aircraft and related components, accessories, and
equipment listed in Federal Supply Groups 15, 16, and 17.
(G) Space vehicles listed in Federal Supply Group 18.
(H) Ships, small craft, pontoons, and floating docks listed
in Federal Supply Group 19.
(I) Ship and marine equipment listed in Federal Supply
Group 20.
(J) Tracked combat vehicles listed in Federal Supply Class
2350.
(K) Engines, turbines, and components listed in Federal
Supply Group 28.
(3) Critical item.--The term ``critical item'' means an
item or component determined to be critical by the Secretary
of Defense under section 812.
(4) Item.--The term ``item'' means an end item.
(5) Component.--The term ``component'' means an article,
material, or supply incorporated into an end item. The term
includes software and subassemblies.
(6) Foreign contractor.--The term ``foreign contractor''
means a contractor or subcontractor
[[Page H4447]]
organized or existing under the laws of a country other than
the United States.
(7) United states contractor.--The term ``United States
contractor'' means a contractor or subcontractor organized or
existing under the laws of the United States.
(8) United states production capabilities.--The term
``United States production capabilities'' means, with respect
to an item or component, facilities located in the United
States to design, develop, or manufacture the item or
component.
TITLE IX--DEPARTMENT OF
DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY TO
SECRETARY OF THE NAVY AND MARINE CORPS.
(a) Change in Title.--The position of the Secretary of the
Navy is hereby redesignated as the Secretary of the Navy and
Marine Corps.
(b) References.--Any reference to the Secretary of the Navy
in any law, regulation, document, record, or other paper of
the United States shall be considered to be a reference to
the Secretary of the Navy and Marine Corps.
SEC. 902. REDESIGNATION OF NATIONAL IMAGERY AND MAPPING
AGENCY AS NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY.
(a) Redesignation.--The National Imagery and Mapping Agency
of the Department of Defense is hereby redesignated as the
National Geospatial-Intelligence Agency.
(b) Definition of Geospatial Intelligence.--Section 467 of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(5) The term 'geospatial intelligence' means the
exploitation and analysis of imagery and geospatial
information to describe, assess, and visually depict physical
features and geographically referenced activities on the
earth. Geospatial intelligence consists of imagery, imagery
intelligence, and geospatial information.''.
(c) Agency Missions.--(1) Section 442(a) of title 10,
United States Code, is amended--
(A) in paragraph (1), by inserting ``geospatial
intelligence consisting of'' after ``provide''; and
(B) in paragraph (2), by striking ``Imagery, intelligency,
and information'' and inserting ``Geospatial intelligence''.
(2) Section 110(a) of the National Security Act of 1947 (50
U.S.C. 404e(a)) is amended by striking ``imagery'' and
inserting ``geospatial intelligence''.
(d) Conforming Amendments to Title 10, United States
Code.--Title 10, United States Code, is amended as follows:
(1) The heading of chapter 22 is amended to read as
follows:
``CHAPTER 22--NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY''.
(2) Chapter 22 is amended--
(A) by striking ``National Imagery and Mapping Agency''
each place it appears and inserting ``National Geospatial-
Intelligence Agency''; and
(B) in section 453(b), by striking ``NIMA'' in paragraphs
(1) and (2) and inserting ``NGA''.
(3) Section 193 is amended--
(A) by striking ``National Imagery and Mapping Agency'' in
subsections (d)(1), (d)(2), (e), and (f)(4) and inserting
``National Geospatial-Intelligence Agency'';
(B) in the heading for subsection (d), by striking
``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''; and
(C) in the heading for subsection (e), by striking ``NIMA''
and inserting ``NGA''.
(4) Section 201 is amended by striking ``National Imagery
and Mapping Agency'' in subsections (b)(2)(C) and (c)(2)(C)
and inserting ``National Geospatial-Intelligence Agency''.
(5)(A) Section 424 is amended by striking ``National
Imagery and Mapping Agency'' in subsection (b)(3) and
inserting ``National Geospatial-Intelligence Agency''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 424. Disclosure of organizational and personnel
information: exemption for specified intelligence
agencies''.
(ii) The item relating to that section in the table of
sections at the beginning of subchapter I of chapter 21 is
amended to read as follows:
``424. Disclosure of organizational and personnel information:
exemption for specified intelligence agencies.''.
(6) Section 425(a) is amended by adding at the end the
following new paragraph:
``(5) The words `National Geospatial-Intelligence Agency',
the initials 'NGA,' or the seal of the National Geospatial-
Intelligence Agency.''.
(7) Section 1614(2)(C) is amended by striking ``National
Imagery and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''.
(8) The tables of chapters at the beginning of subtitle A,
and at the beginning of part I of subtitle A, are each
amended by striking ``Imagery and Mapping'' in the item
relating to chapter 22 and inserting ``Geospatial-
Intelligence''.
(e) Conforming Amendments to National Security Act of
1947.--The National Security Act of 1947 is amended as
follows:
(1) Section 3 (50 U.S.C. 401a) is amended by striking
``National Imagery and Mapping Agency'' in paragraph (4)(E)
and inserting ``National Geospatial- Intelligence Agency''.
(2) Section 105 (50 U.S.C. 403-5) is amended by striking
``National Imagery and Mapping Agency'' in subsections (b)(2)
and (d) and inserting ``National Geospatial-Intelligence
Agency''.
(3) Section 105A (50 U.S.C. 403-5a) is amended by striking
``National Imagery and Mapping Agency'' in subsection
(b)(1)(C) and inserting ``National Geospatial-Intelligence
Agency''.
(4) Section 105C (50 U.S.C. 403-5c) is amended--
(A) by striking ``National Imagery and Mapping Agency''
each place it appears and inserting ``National Geospatial-
Intelligence Agency'';
(B) by striking ``NIMA'' each place it appears and
inserting ``NGA''; and
(C) by striking ``national imagery and mapping agency'' in
the section heading and inserting ``national geospatial-
intelligence agency''.
(5) Section 106 (50 U.S.C. 403-6) is amended by striking
``National Imagery and Mapping Agency'' in subsection
(a)(2)(C) and inserting ``National Geospatial-Intelligence
Agency''.
(6) Section 110 (50 U.S.C. 404e) is amended--
(A) by striking ``National Imagery and Mapping Agency'' in
subsections (a), (b), and (c) and inserting ``National
Geospatial-Intelligence Agency''; and
(B) by striking ``national imagery and mapping agency'' in
the section heading and inserting ``national geospatial-
intelligence agency''.
(7) The table of contents in the first section is amended--
(A) by striking the item relating to section 105C and
inserting the following:
``Sec. 105C. Protection of operational files of National Geospatial-
Intelligence Agency.'';
and
(B) by striking the item relating to section 110 and
inserting the following:
``Sec. 110. National mission of National Geospatial-Intelligence
Agency.''.
(f) Cross Reference Correction.--Section 442(d) of title
10, United States Code, is by striking ``section 120(a) of
the National Security Act of 1947'' and inserting ``section
110(a) of the National Security Act of 1947 (50 U.S.C.
404e(a))''.
(g) References.--Any reference to the National Imagery and
Mapping Agency in any law, regulation, map, document, record,
or other paper of the United States shall be considered to be
a reference to the National Geospatial-Intelligence Agency.
SEC. 903. PILOT PROGRAM FOR PROVISION OF SPACE SURVEILLANCE
NETWORK SERVICES TO NON-UNITED STATES
GOVERNMENTAL ENTITIES.
(a) In General.--Chapter 135 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2272. Space surveillance network: pilot program for
provision of satellite tracking support to entities outside
Unites States Government
``(a) Pilot Program.--The Secretary of Defense may carry
out a pilot program to determine the feasibility and
desirability of providing to non-United States Governmental
entities space surveillance data support described in
subsection (b).
``(b) Space Surveillance Data Support.--Under such a pilot
program, the Secretary may provide to a non-United States
Governmental entity, subject to an agreement described in
subsection (c), the following:
``(1) Satellite tracking services from assets owned or
controlled by the Department of Defense, but only if the
Secretary determines, in the case of any such agreement, that
providing such services to that entity is in the national
security interests of the United States.
``(2) Space surveillance data and the analysis of space
surveillance data, but only if the Secretary determines, in
the case of any such agreement, that providing such data and
analysis to that entity is in the national security interests
of the United States.
``(c) Required Agreement.--The Secretary may not provide
space surveillance data support to a non-United States
Governmental entity under the pilot program unless that
entity enters into an agreement with the Secretary under
which the entity--
``(1) agrees to pay an amount that may be charged by the
Secretary under subsection (f); and
``(2) agrees not to transfer any data or technical
information received under the agreement, including the
analysis of tracking data, to any other entity without the
Secretary's express approval.
``(d) Requirements With Respect to Foreign Transactions.--
(1) The Secretary may enter into an agreement under
subsection (c) to provide space surveillance data support to
a foreign government or other foreign entity only with the
concurrence of the Secretary of State.
``(2) In the case of such an agreement that is entered into
with a foreign government or other foreign entity, the
Secretary of Defense may provide approval under subsection
(c)(2) for a transfer of data or technical information only
with the concurrence of the Secretary of State.
``(e) Prohibition Concerning Provision of Intelligence
Assets or Data.--Nothing in this section shall be considered
to authorize the provision of services or information
concerning, or derived from, United States intelligence
assets or data.
``(f) Charges.--As a condition of an agreement under
subsection (c), the Secretary of Defense may require the non-
United States Governmental entity entering into the agreement
to pay to the Department of Defense--
``(1) such amounts as the Secretary determines to be
necessary to reimburse the Department of Defense for the
costs to the Department of providing space surveillance data
support under the agreement; and
``(2) any other amount or fee that the Secretary may
prescribe
``(g) Crediting of Funds Received.--Funds received pursuant
to an agreement under this section shall be credited to
accounts of the Department of Defense that are current when
the proceeds are received and that are available for
[[Page H4448]]
the same purposes as the accounts originally charged to
perform the services. Funds so credited shall merge with and
become available for obligation for the same period as the
accounts to which they are credited.
``(h) Procedures.--The Secretary shall establish procedures
for the conduct of the pilot program. As part of those
procedures, the Secretary may allow space surveillance data
and analytical support to be provided through a contractor of
the Department of Defense.
``(i) Duration of Pilot Program.--The pilot program under
this section shall be conducted during the three-year period
beginning on a date specified by the Secretary of Defense,
which date shall be not later than 180 days after the date of
the enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2272. Space surveillance network: pilot program for provision of
satellite tracking services and data to entities outside
Unites States Government.''.
SEC. 904. CLARIFICATION OF RESPONSIBILITY OF MILITARY
DEPARTMENTS TO SUPPORT COMBATANT COMMANDS.
Sections 3013(c)(4), 5013(c)(4), and 8013(c)(4) of title
10, United States Code, are each amended by striking ``(to
the maximum extent practicable)''.
SEC. 905. BIENNIAL REVIEW OF NATIONAL MILITARY STRATEGY BY
CHAIRMAN OF THE JOINT CHIEFS OF STAFF.
(a) Biennial Review.--Section 153 of title 10, United
States Code, by adding at the end the following new
subsection:
``(d) Biennial Review of National Military Strategy.--(1)
Not later then February 15 of each even-numbered year, the
Chairman shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report containing the results of a
comprehensive examination of the national military strategy.
Each such examination shall be conducted by the Chairman in
conjunction with the other members of the Joint Chiefs of
Staff and the commanders of the unified and specified
commands.
``(2) Each report on the examination of the national
military strategy under paragraph (1) shall include the
following:
``(A) Delineation of a national military strategy
consistent with the most recent National Security Strategy
prescribed by the President pursuant to section 108 of the
National Security Act of 1947 (50 U.S.C. 404a) and the most
recent Quadrennial Defense Review prescribed by the Secretary
of Defense pursuant to section 118 of this title.
``(B) A description of the strategic environment and the
opportunities and challenges that affect United States
national interests and United States national security.
``(C) A description of the regional threats to United
States national interests and United States national
security.
``(D) A description of the international threats posed by
terrorism, weapons of mass destruction, and asymmetric
challenges to United States national security.
``(E) Identification of United States national military
objectives and the relationship of those objectives to the
strategic environment, regional, and international threats.
``(F) Identification of the strategy, underlying concepts,
and component elements that contribute to the achievement of
United States national military objectives.
``(G) Assessment of the capabilities and adequacy of United
States forces (including both active and reserve components)
to successfully execute the national military strategy.
``(H) Assessment of the capabilities, adequacy, and
interoperability of regional allies of the United States and
or other friendly nations to support United States forces in
combat operations and other operations for extended periods
of time.
``(I) Assessment of the resources, basing requirements, and
support structure needed to provide the capabilities
necessary to be assured United States forces can successfully
achieve national military objectives and to assess what
resources and support might be required to sustain allies or
friendly nation forces during combat operations.
``(3)(A) As part of the assessment under this subsection,
the Chairman, in conjunction with the other members of the
Joint Chiefs of Staff and the commanders of the unified and
specified commands, shall undertake an assessment of the
nature and magnitude of the strategic and military risks
associated with successfully executing the missions called
for under the current National Military Strategy.
``(B) In preparing the assessment of risk, the Chairman
should assume the existence of those threats described in
subparagraphs (C) and (D) of paragraph (2) and should assess
the risk associated with two regional threats occurring
nearly simultaneously.
``(C) In addition to the assumptions to be made under
subparagraph (B), the Chairman should make other assumptions
pertaining to the readiness of United States forces (in both
the active and reserve components), the length of conflict
and the level of intensity of combat operations, and the
levels of support from allies and other friendly nations.
``(4) Before submitting a report under this subsection to
the Committees on Armed Services of the Senate and House of
Representatives, the Chairman shall provide the report to the
Secretary of Defense. The Secretary's assessment and comments
thereon (if any) shall be included with the report. If the
Chairman's assessment in such report in any year is that the
risk associated with executing the missions called for under
the National Military Strategy is significant, the Secretary
shall include with the report as submitted to those
committees the Secretary's plan for mitigating the risk.''.
(b) Conforming Amendment.--Subsection (b)(1) of such
section is amended by striking ``each year'' and inserting
``of each odd-numbered year''.
SEC. 906. AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER FOR
SECURITY STUDIES OF GIFTS AND DONATIONS FROM
NONFOREIGN SOURCES.
(a) Authority.--Subsection (a) of section 2611 of title 10,
United States Code, is amended--
(1) by striking ``Foreign'' in the subsection caption;
(2) by striking ``foreign'' in paragraph (1) after
``Center,''; and
(3) by adding at the end of paragraph (1) the following
sentence: ``Such gifts and donations may be accepted from any
agency of the United States, any State or local government,
any foreign government, any foundation or other charitable
organization (including any that is organized or operates
under the laws of a foreign country), or any other private
source in the United States or a foreign country.''.
(b) Conforming Amendments.--Such section is further amended
(1) by striking ``foreign'' in subsection (c); and
(2) in subsection (f)--
(A) by striking ``Foreign'' in the subsection caption;
(B) by striking ``foreign'' after ``section, a''; and
(C) by striking ``from a foreign'' and all that follows
through ``country.'' and inserting a period.
(c) Clerical Amendments.-- The heading of such section, and
the item relating to such section in the table of sections at
the beginning of chapter 155 of such title, are each amended
by striking the third word after the colon.
SEC. 907. REPEAL OF ROTATING CHAIRMANSHIP OF ECONOMIC
ADJUSTMENT COMMITTEE.
Section 4004(b) of the Defense Economic Adjustment,
Diversification, Conversion, and Stabilization Act of 1990
(division D of Public Law 101-510; 10 U.S.C. 2391 note) is
amended--
(1) by striking ``Until October 1, 1997, the'' and
inserting ``The''; and
(2) by striking the second sentence.
SEC. 908. PILOT PROGRAM FOR IMPROVED CIVILIAN PERSONNEL
MANAGEMENT.
(a) Pilot Program.--(1) The Secretary of Defense may carry
out a pilot program using an automated workforce management
system to demonstrate improved efficiency in the performance
of civilian personnel management.
(2) Under the pilot program, the Secretary of Defense shall
provide the Secretary of each military department with the
authority for the following:
(A) To use an automated workforce management system for its
civilian workforce to assess its potential to substantially
reduce hiring cycle times, lower labor costs, increase
efficiency, improve performance management, provide better
management reporting, and enable it to make operational new
personnel management flexibilities granted under the civilian
personnel transformation program.
(B) Identify one regional civilian personnel center (or
equivalent) in each military department for participation in
the pilot program.
(3) The Secretary may carry out the pilot program under
this subsection at each selected regional civilian personnel
center for a period of two years beginning not later than
March 1, 2004.
(b) Pilot Program Characteristics.--The pilot program
civilian personnel management system shall have at a minimum
the following characteristics:
(1) Currently in use by Federal government agencies outside
the Department of Defense.
(2) Able to be purchased on an annual subscription basis.
(3) Requires no capital investment, software license fees,
transaction charges, or ``per seat'' or ``concurrent user''
restrictions.
(4) Capable of automating the workforce management
functions of job definition, position management,
recruitment, staffing, and performance management using
integrated vendor-supplied and supported data, expert system
rules engines, and software functionality across those
functions.
(5) Has a ``native web'' technical architecture and an
Oracle database.
(6) Fully hosted by the vendor so that the customer
requires only Internet access and an Internet browser to use
the system.
(8) Capable of operating completely ``server side'' so that
no software is required on the client system and no invasive
elements are used.
(c) Implementation Plan.--(1) The Secretary shall submit to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
plan for the implementation of the pilot program. The plan
shall be submitted no later than six months after the date of
the enactment of this Act.
(2) The plan shall include the following:
(A) The Secretary's request to the Office of Personnel
Management to conduct the pilot program as a Federal civilian
personnel demonstration project under chapter 47 of title 5,
United States Code, or a plan to provide for the pilot
program through another plan.
(B) The expected cost of the pilot program.
(C) Identification of the regional civilian personnel
centers for participation in the pilot program and the
criteria used to select them.
(D) Expected timing for providing to Congress the results
of the pilot program and recommendations of the Secretary.
(d) Implementation.--The Secretary may not begin to
implement the pilot program until a period of 30 days has
elapsed after the date of the
[[Page H4449]]
submission of the plan for the pilot program under subsection
(c).
SEC. 909. EXTENSION OF CERTAIN AUTHORITIES APPLICABLE TO THE
PENTAGON RESERVATION TO INCLUDE DESIGNATED
PENTAGON CONTINUITY-OF-GOVERNMENT LOCATIONS.
Section 2674 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) For purposes of subsections (b), (c), (d), and (e),
the terms `Pentagon Reservation' and `National Capital
Region' shall be treated as including the land and physical
facilities at the Raven Rock Mountain Complex and such other
areas of land, locations, and physical facilities of the
Department of Defense within 100 miles of the District of
Columbia as the Secretary of Defense determines are necessary
to meet the needs of the Department of Defense directly
relating to continuity of operations and continuity of
government.''.
SEC. 910. DEFENSE ACQUISITION WORKFORCE REDUCTIONS.
(a) Revised Limitation.--Subchapter V of chapter 87 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 1765. Defense acquisition workforce: limitation
``(a) Limitation.--Effective October 1, 2008, the number of
defense acquisition and support personnel in the Department
of Defense may not exceed 75 percent of the baseline number.
``(b) Phased Reduction.--The number of defense acquisition
and support personnel in the Department of Defense--
``(1) as of October 1, 2004, may not exceed 95 percent of
the baseline number;
``(2) as of October 1, 2005, may not exceed 90 percent of
the baseline number;
``(3) as of October 1, 2006, may not exceed 85 percent of
the baseline number; and
``(4) as of October 1, 2007, may not exceed 80 percent of
the baseline number.
``(c) Baseline Number.--In this section, the term `baseline
number' means the number of defense acquisition and support
personnel in the Department of Defense as of October 1, 2003.
``(d) Defense Acquisition and Support Personnel Defined.--
In this section, the term `defense acquisition and support
personnel' means military and civilian personnel (other than
civilian personnel who are employed at a maintenance depot)
who are assigned to, or employed in, acquisition
organizations of the Department of Defense (as specified in
Department of Defense Instruction numbered 5000.58 dated
January 14, 1992), and any other organizations which the
Secretary may determine to have a predominantly acquisition
mission.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``1765. Defense acquisition workforce: limitation.''.
SEC. 911. REQUIRED FORCE STRUCTURE.
(a) Army.--Section 3062 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) The Army shall be so organized as to include not less
than--
``(1) 10 active and eight National Guard combat divisions
or their equivalents;
``(2) one active armored cavalry regiment and one light
cavalry regiment or their equivalents;
``(3) 15 National Guard enhanced brigades or their
equivalents; and
``(4) such other active and reserve component land combat,
rotary-wing aviation, and other services as may be required
to support forces specified in paragraphs (1) through (3).''.
(b) Navy.--Section 5062 of such title is amended by adding
at the end the following new subsection:
``(d) The Navy, within the Department of the Navy, shall be
so organized as to include--
``(1) not less than 305 vessels in active service;
``(2) not less than 12 aircraft carrier battle groups or
their equivalents, not less than 12 amphibious ready groups
or their equivalents, not less than 55 attack submarines, not
less than 108 active surface combatant vessels, and not less
than 8 reserve combatant vessels; and
``(3) such other active and reserve naval combat, naval
aviation, and service forces as may be required to support
forces specified in paragraphs (1) and (2).''.
(c) Air Force.--Section 8062 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(g) Notwithstanding subsection (e), the Air Force shall
be so organized as to include not less than--
``(1) 46 active fighter squadrons or their equivalents;
``(2) 38 National Guard and Reserve squadrons or their
equivalents;
``(3) 96 combat-coded bomber aircraft in active service;
and
``(4) such other squadrons, reserve groups, and supporting
auxiliary and reserve units as may be required to support
forces specified in paragraphs (1) through (3).''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 2004
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not
exceed $2,500,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2003.
(a) DOD Authorizations.--Amounts authorized to be
appropriated to the Department of Defense for fiscal year
2003 in the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314) are hereby adjusted,
with respect to any such authorized amount, by the amount by
which appropriations pursuant to such authorization are
increased (by a supplemental appropriation) or decreased (by
a rescission), or both, or are increased by a transfer of
funds, pursuant to the following:
(1) Chapters 3 and 8 of title I of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-11).
(2) Any Act enacted after May 23, 2003, making supplemental
appropriations for fiscal year 2003 for the military
functions of the Department of Defense.
(b) NNSA Authorizations.--Amounts authorized to be
appropriated to the Department of Energy for fiscal year 2003
in the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314) are hereby adjusted,
with respect to any such authorized amount, by the amount by
which appropriations pursuant to such authorization are
increased (by a supplemental appropriation) or decreased (by
a rescission), or both, or are increased by a transfer of
funds, pursuant to the following:
(1) Chapter 4 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11).
(2) Any Act enacted after May 23, 2003, making supplemental
appropriations for fiscal year 2003 for the atomic energy
defense activities of the Department of Energy.
SEC. 1003. AUTHORITY TO TRANSFER PROCUREMENT FUNDS FOR A
MAJOR DEFENSE ACQUISITION PROGRAM FOR CONTINUED
DEVELOPMENT WORK ON THAT PROGRAM.
(a) Authority.--Section 2214 of title 10, United States
Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Transfer of Procurement Funds For Development
Activities for Major Defense Acquisition Systems.--(1) In the
case of a major defense acquisition program (as defined in
section 2430 of this title) for which funds are currently
available both for procurement and for research, development,
test, and evaluation, if the Secretary concerned determines
that funds are required for further research, development,
test, and evaluation activities for that program in excess of
the funds currently available for that purpose, the Secretary
may (subject to paragraph (2)) transfer funds available for
that program for procurement to funds available for that
program for research, development, test, and evaluation for
the purpose of continuing research, development, test, and
evaluation activities for that program.
``(2)(A) The total amount transferred under the authority
of paragraph (1) for any acquisition program may not exceed
$20,000,000.
``(B) The total amount transferred under the authority of
paragraph (1) from amounts made available for any fiscal year
may not exceed $250,000,000.
``(3) The authority provided by paragraph (1) is in
addition to any other transfer authority that may be provided
by law.
``(4) Upon a determination that all or part of the funds
transferred under paragraph (1) are not necessary for the
purpose for which the transfer was made, such amounts may be
transferred back to a Procurement appropriation for the
purpose of procurement of the acquisition program for which
funds were transferred.''.
(b) Effective Date.--The amendments made by subsection (a)
shall not apply with respect to funds appropriated for a
fiscal year before fiscal year 2004.
SEC. 1004. RESTORATION OF AUTHORITY TO ENTER INTO 12-MONTH
LEASES AT ANY TIME DURING THE FISCAL YEAR.
Section 2410a(a) of title 10, United States Code, is
amended by inserting after ``severable services'' the
following: ``and the lease of real or personal property,
including the maintenance of such property when contracted
for as part of the lease agreement,''.
SEC. 1005. AUTHORITY FOR RETENTION OF ADDITIONAL AMOUNTS
REALIZED FROM ENERGY COST SAVINGS.
(a) Increase in Amount of Energy Cost Savings Retained.--
Section 2865(b)(1) of title 10, United States Code, is
amended by striking ``Two-thirds of the portion of the funds
appropriated to Department of Defense for a fiscal year that
is'' and inserting ``Funds appropriated to the Department of
Defense for a fiscal year that are''.
(b) Effective Date.--The amendment made by subsection (a)
shall not apply to funds appropriated for a fiscal year
before fiscal year 2004.
[[Page H4450]]
SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE
FOR THE DEPARTMENT OF DEFENSE.
Section 1405 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 31 U.S.C. 1105 note), is
repealed.
SEC. 1007. AUTHORITY TO PROVIDE REIMBURSEMENT FOR USE OF
PERSONAL CELLULAR TELEPHONES WHEN USED FOR
OFFICIAL GOVERNMENT BUSINESS.
(a) In General.--(1) Chapter 134 of title 10, United States
Code, is amended by inserting after section 2257 the
following new section:
``Sec. 2258. Personal cellular telephones: reimbursement when
used for Government business
``(a) General Authority.--The Secretary of Defense may
reimburse members of the Army, Navy, Air Force, and Marine
Corp, and civilian officers and employees of the Department
of Defense, for cellular telephone use on a privately owned
cellular telephone when used on official Government business.
Such reimbursement shall be on a flat-rate basis.
``(b) Reimbursement Rate.--The Secretary of Defense may
prescribe the reimbursement rate for purposes of subsection
(a). That reimbursement rate may not exceed the equivalent
Government costs of providing a cellular telephone to
employees on official Government business.''.
(2) The table of sections at the beginning of subchapter II
of such chapter is amended by inserting after the item
relating to section 2257 the following new item:
``2258. Personal cellular telephones: reimbursement when used for
Government business.''.
(b) Effective Date.--Section 2258 of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 2003, and shall apply with respect to the use of
cellular phones on or after that date.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. REPEAL OF REQUIREMENT REGARDING PRESERVATION OF
SURGE CAPABILITY FOR NAVAL SURFACE COMBATANTS.
(a) Repeal.--Section 7296 of title 10, United States Code,
is amended by striking subsection (b).
(b) Clerical Amendments.--Such section is further amended--
(1) by striking ``(3) Any notification under paragraph
(1)(A)'' and inserting ``(b) Content of Notification.--Any
notification under subsection (a)(1)(A)'';
(2) by redesignating subparagraphs (A), (B), and (C) of
subsection (b) (as redesignated by paragraph (1)) as
paragraphs (1), (2), and (3), respectively; and
(3) by striking ``subparagraph (B)'' in subsection (b)(3)
(as redesignated by paragraphs (1) and (2)) and inserting
``paragraph (2)''.
SEC. 1012. ENHANCEMENT OF AUTHORITY RELATING TO USE FOR
EXPERIMENTAL PURPOSES OF VESSELS STRICKEN FROM
NAVAL VESSEL REGISTER.
(a) Sale of Material and Equipment Stripped From Vessel.--
Subsection (b)(1) of section 7306a of title 10, United States
Code, is amended by adding at the end the following new
sentence: ``Material and equipment stripped from the vessel
may be sold by a contractor or a designated sales agent on
behalf of the Navy.''.
(b) Use of Proceeds.--(1) Subsection (b)(2) of such section
is amended by striking ``scrapping services'' and all that
follows through and inserting ``services needed for such
stripping and for environmental remediation required for the
use of the vessel for experimental purposes. Amounts received
in excess of amounts needed for reimbursement of those costs
shall be deposited into the account from which the stripping
and environmental remediation expenses were incurred and
shall be available for stripping and environmental
remediation of other vessels to be used for experimental
purposes.''.
(2) The amendment made by paragraph (1) shall not apply
with respect to proceeds from the stripping of a vessel under
any vessel stripping contract entered into before the date of
the enactment of this Act.
(c) Clarification of Covered Experimental Purposes.--Such
section is further amended by adding at the end the following
new subsection:
``(c) Use for Experimental Purposes Defined.--In this
section, the term `use for experimental purposes' includes
use of a vessel in a Navy sink exercise or for target
purposes.''.
SEC. 1013. AUTHORIZATION FOR TRANSFER OF VESSELS STRICKEN
FROM NAVAL VESSEL REGISTER FOR USE AS
ARTIFICIAL REEFS.
(a) Authority.--Chapter 633 of title 10, United States
Code, is amended by inserting after section 7306a the
following new section:
``Sec. 7306b. Vessels stricken from Naval Vessel Register:
transfer by gift or otherwise for use as artificial reefs
``(a) Authority To Make Transfer.--The Secretary of the
Navy may transfer, by gift or otherwise, any vessel stricken
from the Naval Vessel Register to any State, Commonwealth, or
possession of the United States or any municipal corporation
or political subdivision thereof for use as an artificial
reef as provided in subsection (b).
``(b) Vessel To Be Used as Artificial Reef.--An agreement
for the transfer of a vessel under subsection (a) shall
require that--
``(1) the transferee use, site, construct, monitor, and
manage the vessel only as an artificial reef in accordance
with the requirements of the National Fishing Enhancement Act
of 1984 (33 U.S.C. 2101 et seq.), except that the transferee
also may use the artificial reef to enhance diving
opportunities if that use does not have an adverse effect on
fishery resources; and
``(2) the transferee shall obtain, and bear all of the
responsibility for complying with, all applicable Federal,
State, interstate, and local permits for siting,
constructing, monitoring, and managing a vessel as an
artificial reef.
``(c) Additional Terms.--The Secretary may require such
additional terms in connection with a conveyance authorized
by this section as the Secretary considers appropriate.
``(d) Cost Sharing on Transfers.--The Secretary of the Navy
may share with the recipient any of the costs associated with
transferring a vessel under this section.
``(e) Application for More Than One Vessel.--A State,
Commonwealth, or possession of the United States, or any
municipal corporation or political subdivision thereof, may
apply for more than one vessel under this section.
``(f) Definition.--In this section, the term `fishery
resources' has the meaning given such term in section 3(14)
of the Magnuson-Stevens Fishery Conservation and Management
Act of 1976 (16 U.S.C. 1802(14)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7306a the following new item:
``7306b. Vessels stricken from Naval Vessel Register: transfer by gift
or otherwise for use as artificial reefs.''.
SEC. 1014. PILOT PROGRAM FOR SEALIFT SHIP CONSTRUCTION.
(a) Establishment of Pilot Program.--The Secretary of the
Navy may establish a pilot program, under which the Secretary
of the Navy, subject to the availability of appropriations,
may guarantee loans for--
(1) the construction in a United States shipyard of two
qualified sealift ships that are to be documented under the
laws of the United States for use in United States-flag
commercial service; and
(2) the acquisition of facilities or equipment pertaining
to the marine operations of those ships, which may include
specialized loading equipment.
(b) Conditions of Guarantee.--A guarantee under this
section is subject to the following conditions:
(1) MSP.--The owner of the ships for which guarantees are
issued shall apply for an operating agreement with the
Secretary of Transportation under subtitle B of this title.
(2) NDF; charter.--If the Secretary of the Navy requests,
the owner of the ships shall engage in negotiations on
reasonable terms and conditions for--
(A) installation and maintenance of defense features for
national defense purposes on one or both ships under section
2218 of title 10, United States Code; and
(B) a short-term charter to the United States Government of
at least one ship for which a guarantee is issued, for a
period of at least 60 days prior to entry into commercial
service, for the purpose of demonstrating the military
capabilities of the ships.
(c) Payment of Cost.--The cost of a guarantee under this
section shall be paid for with amounts made available in
appropriations Acts.
(d) Percentage Limitation; Term.--A guarantee under this
section may apply--
(1) to up to 87.5 percent of the loan principal; and
(2) for a term ending up to 25 years after delivery of the
second ship.
(e) Authorities, Procedures, Requirements, and
Restrictions.--The Secretary of the Navy, subject to the
other provisions of this section--
(1) in implementing this section, may exercise authorities
that are substantially the same as the authorities available
to the Secretary of Transportation under title XI of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.) with
respect to loan guarantees under that title;
(2) shall implement this section under procedures,
requirements, and restrictions that are substantially the
same as those under which loan guarantees are made under that
title, including the regulations implementing that title; and
(3) may establish such additional requirements for loan
guarantees under this section as the Secretary determines to
be necessary to minimize the cost of such guarantees.
(f) Interagency Agreement.--The Secretary of Transportation
shall enter into an interagency agreement or other
appropriate arrangement with the Secretary of the Navy to
make available to the Department of the Navy such Maritime
Administration personnel with expertise in vessel
construction financing as are necessary to carry out the
program under this section.
(g) Definitions.--In this section:
(1) Cost.--The term ``cost'', with respect to a loan
guarantee under this section, has the meaning given that term
in section 502 of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 661a).
(2) Qualified sealift ship.--The term ``qualified sealift
ship'' means a roll-on, roll-off vessel that is--
(A) militarily useful for additional medium- to long-haul
strategic sealift capacity;
(B) designed to carry at least 10,000 tons of cargo; and
(C) capable of operating commercially in the foreign
commerce of the United States.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of the Navy to carry out
this section $40,000,000.
Subtitle C--Reports
SEC. 1021. REPEAL AND MODIFICATION OF VARIOUS REPORTING
REQUIREMENTS APPLICABLE TO THE DEPARTMENT OF
DEFENSE.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
[[Page H4451]]
(1) Section 113 is amended by striking subsection (m).
(2) Section 117(e) is amended by striking ``each month''
and all that follows through ``subsection (d)'' and inserting
``each quarter submit to the congressional defense committees
a report in writing containing the results of the most recent
joint readiness review under subsection (d)(1)(A)''.
(3) Section 127(d) is amended to read as follows:
``(d) Annual Report.--Not later than December 1 each year,
the Secretary of Defense shall submit to the congressional
defense committees a report on expenditures during the
preceding fiscal year under subsections (a) and (b).''.
(4) Section 127a is amended--
(A) in subsection (a)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraph (4) as paragraph (3); and
(B) by striking subsection (d).
(5) Section 128 is amended by striking subsection (d).
(6) Section 129 is amended by striking subsection (f).
(7) Section 184 is amended by striking subsection (b).
(8) Section 226(a) is amended--
(A) by striking ``December 15'' and inserting ``January
15''; and
(B) by striking ``in the following year'' in paragraph (1)
and inserting ``in that year''.
(9)(A) Section 228 is amended--
(i) in subsection (a)--
(I) by striking ``Monthly'' in the subsection heading and
inserting ``Quarterly'';
(II) by striking ``monthly'' and inserting ``quarterly'';
and
(III) by striking ``month'' and inserting ``fiscal-year
quarter''; and
(ii) in subsection (c), by striking ``month'' each place it
appears and inserting ``quarter''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 228. Quarterly reports on allocation of funds within
operation and maintenance budget subactivities''.
(ii) The item relating to section 228 in the table of
sections at the beginning of chapter 9 is amended to read as
follows:
``228. Quarterly reports on allocation of funds within operation and
maintenance budget subactivities.''.
(10) Section 401 is amended by striking subsection (d).
(11) Section 437 is amended--
(A) by striking the second sentence of subsection (b); and
(B) by striking subsection (c).
(12)(A) Section 484 is repealed.
(B) The table of sections at the beginning of such chapter
is amended by striking the item relating to section 484.
(13)(A) Section 520c is amended--
(i) by striking subsection (b);
(ii) by striking ``(a) Provision of Meals and
Refreshments.''; and
(iii) by striking the heading for such section and
inserting the following:
``Sec. 520c. Recruiting functions: provision of meals and
refreshments''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 31 is amended to read as
follow:
``520c. Recruiting functions: provision of meals and refreshments.''.
(14) Section 983(e)(1) is amended by striking ``and to
Congress''.
(15) Section 1060 is amended by striking subsection (d).
(16) Section 1130 is amended--
(A) in subsection (a), by striking ``the other
determinations necessary to comply with subsection (b)'' and
inserting ``respond with a detailed description of the
rationale supporting the determination''; and
(B) by striking subsection (b).
(17) Section 1557 is amended by striking subsection (e).
(18) Section 1563 is amended--
(A) in subsection (a), by striking ``the other
determinations necessary to comply with subsection (b)'' and
inserting ``respond with a detailed description of the
rationale supporting the determination''; and
(B) by striking subsection (b).
(19) Section 2010 is amended by striking subsection (b).
(20) Section 2166 is amended--
(A) in subsection (e)(5), by inserting ``and to Congress''
after ``to the Secretary of Defense''; and
(B) by striking subsection (i).
(21) Section 2208(j)(2) is amended by striking ``and
notifies Congress regarding the reasons for the waiver''.
(22) Section 2216(a) is amended--
(A) by striking ``Quarterly Reports.--(1) Not later than 15
days after the end of each calendar quarter'' and inserting
``Annual Report.--Not later than 60 days after the end of
each fiscal year''; and
(B) by striking ``quarter'' in subparagraphs (A), (B), and
(C) of paragraph (1) and inserting ``fiscal year''.
(23) Section 2224(e) is amended by inserting ``through
2007'' after ``Each year''.
(24) Section 2255(b)--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' after ``(b) Exception.--''.
(25) Section 2281 is amended by striking subsection (d).
(26)(A) Section 2282 is repealed.
(B) The table of sections at the beginning of chapter 136
is amended by striking the item relating to section 2282.
(27) Section 2323 is amended--
(A) in subsection (d)--
(i) by striking ``Defense--'' and all that follows through
``the extent'' and inserting ``Defense to the extent'';
(ii) by striking ``; and'' and inserting a period; and
(iii) by striking paragraph (2); and
(B) by striking subsection (i).
(28) Section 2327(c)(1) is amended--
(A) in subparagraph (A), by striking ``after the date on
which such head of an agency submits to Congress a report on
the contract'' and inserting ``if in the best interests of
the Government'';
(B) in subparagraph (B), by striking ``A report under
subparagraph (A)'' and inserting ``The Secretary shall
maintain records of each contract entered into by reason of
subparagraph (A). Such records''; and
(C) by striking subparagraph (C).
(29) Section 2350a is amended--
(A) by striking subsection (f); and
(B) in subsection (g), by striking paragraph (3).
(30) Section 2350j is amended by striking subsections (e)
and (g).
(31) Section 2367 is amended by striking subsection (d).
(32) Section 2371 is amended by striking subsection (h).
(33) Section 2374a is amended by striking subsection (e).
(34) Section 2410i(c) is amended by striking the last
sentence.
(35) Section 2410m(c) is amended--
(A) by striking ``Reporting Requirement.--Each year'' and
inserting ``Annual Report.--Not later than 60 days after the
end of each fiscal year'';
(B) by inserting ``at the end of such fiscal year'' in
paragraph (1) before the period;
(C) by striking ``during the year preceding the year in
which the report is submitted'' in paragraph (2) and
inserting ``under this section during that fiscal year'';
(D) by striking ``in such preceding year'' in paragraph (3)
and inserting ``under this section during that fiscal year'';
and
(E) by striking ``in such preceding year'' in paragraph (4)
and inserting ``under this section during that fiscal year''.
(36) Section 2433 is amended--
(A) in subsection (d)--
(i) in paragraphs (1) and (2), by striking ``, or by at
least 25 percent,''; and
(ii) in paragraph (3)--
(I) by striking ``or by at least 25 percent,'' both places
it appears; and
(II) by inserting a comma after ``paragraph (1)''; and
(B) in subsection (e)--
(i) by striking paragraph (2);
(ii) by redesignating paragraph (3) as paragraph (2);
(iii) in paragraph (2), as so redesignated, by striking
``or if a'' in the first sentence and all that follows
through ``paragraph (2),''; and
(iv) by designating the second sentence of such paragraph
as paragraph (3) and in that paragraph--
(I) by inserting ``under paragraph (2)'' after ``The
prohibition''; and
(II) by striking ``the date--'' and all that follows
through ``subsection (d).'' and inserting ``the date on which
Congress receives the Selected Acquisition Report under
paragraph (1) with respect to that program.''.
(37) Section 2457 is amended by striking subsection (d).
(38) Section 2493 is amended by striking subsection (g).
(39) Section 2515 is amended by striking subsection (d).
(40) Section 2521 is amended by striking subsection (e).
(41) Section 2536 is amended--
(A) in subsection (b)(2)--
(i) by striking ``notify Congress'' in the first sentence
and inserting ``maintain a record''; and
(ii) by striking the second sentence and inserting the
following: ``The records maintained under the preceding
sentence with respect to a waiver shall include a
justification in suport of the decision to grant the waiver
and shall be retrievable for any particular waiver or for
waivers during any period of time.''; and
(B) by adding at the end the following new subsection:
``(d) The Secretary of Defense shall maintain an account of
actions relating to the award of contracts to a prime
contractor. The Secretary of Defense shall include in such
accounts the reasons for exercising the awards and the work
expected to be performed.''.
(42) Section 2541d is amended--
(A) by striking subsection (b); and
(B) in subsection (a), by striking ``(a)'' and all that
follows through ``The Secretary of Defense'' and inserting
``The Secretary of Defense''.
(43) Section 2561 is amended by striking subsections (c),
(d) and (f).
(44) Section 2563(c)(2) is amended by striking ``and
notifies Congress regarding the reasons for the waiver''.
(45) Section 2645 is amended by striking subsections (d)
and (g).
(46) Section 2667a(c)(2) is amended by striking ``45 days''
and inserting ``14 days''.
(47) Section 2676(d) is amended by striking ``21 days'' and
inserting ``14 days''.
(48) Section 2680 is amended by striking subsection (e).
(49) Section 2696 is amended by striking subsections (c)
and (d).
(50) Section 2703(c)(2) is amended--
(A) by striking subparagraph (B);
(B) by striking ``unless the Secretary--'' and all that
follows through ``determines that'' and inserting ``unless
the Secretary determines that''; and
(C) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively, and realigning
such subparagraphs (as so redesignated) two ems from the left
margin.
[[Page H4452]]
(51)(A) Section 2723 is repealed.
(B) The table of sections at the beginning of chapter 161
is amended by striking the item relating to section 2723.
(52) Section 2803(b) is amended by striking ``21-day
period'' and inserting ``seven-day period''.
(53) Section 2804(b) is amended by striking ``21-day
period'' and inserting ``14-day period''.
(54) Section 2805(b) is amended--
(A) in paragraph (1), by striking ``$750,000'' and
inserting ``$1,000,000''; and
(B) in paragraph (2), by striking ``by striking ``21-day
period'' and inserting ``seven-day period'''.
(55) Section 2807 is amended--
(A) in subsection (b)--
(i) by striking ``$500,000'' and inserting ``$1,000,000'';
and
(ii) by striking ``not less than 21 days''; and
(B) in subsection (c)(2), by striking ``21 days'' and
inserting ``14 days''.
(56) Section 2809(f)(2) is amended by striking ``21
calendar days'' and inserting ``14 days''.
(57) Section 2812(c)(1)(B) is amended by striking ``21
days'' and inserting ``14 days''.
(58) Section 2813(c) is amended by striking ``30-day
period'' and inserting ``21-day period''.
(59) Section 2825 is amended--
(A) by striking ``21 days'' in the last sentence of
subsection (b)(1)(B) and inserting ``14 days''; and
(B) by striking ``21 days'' in subsection (c)(1)(D) and
inserting ``14 days''.
(60) Section 2826 is amended--
(A) by striking ``(a) Local Comparabil-
ity.--''; and
(B) by striking subsection (b).
(61) Section 2827(b)(2) is amended by striking ``21 days''
and inserting ``14 days''.
(62) Section 2836(f)(2) is amended by striking ``21
calendar days'' and inserting ``14 days''.
(63) Section 2837(c)(2) is amended by striking ``21-day
period'' and inserting ``14-day period''.
(64) Section 2854(b) is amended by striking ``21-day
period'' and inserting ``seven-day period''.
(65) Section 2854a(c)(2) is amended by striking ``21
calendar days'' and inserting ``14 days''.
(66) Section 2865 is amended--
(A) in subsection (e)--
(i) by striking ``(1)'' before ``The Secretary''; and
(ii) by striking paragraph (2); and
(B) by striking subsection (f).
(67) Section 2866(c) is amended--
(A) by striking ``(1)'' before ``The Secretary''; and
(B) by striking paragraph (2).
(68) Section 2867(c) is amended by striking ``21-day
period'' and inserting ``14-day period''.
(69) Section 2875(e) is amended by striking ``30-day
period'' and inserting ``14-day period''.
(70) Section 2883(f) is amended by striking ``30-day
period'' and inserting ``14-day period''.
(71) Section 2902(g) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' after ``(g)''.
(72) Section 4342(h) is amended by striking ``Secretary of
the Army'' and inserting ``Superintendent''.
(73) Section 4357(c) is amended is amended by striking
``the expiration of 30 days following''.
(74) Section 6954(f) is amended by striking ``Secretary of
the Navy'' and inserting ``Superintendent of the Naval
Academy''.
(75) Section 6975(c) is amended is amended by striking
``the expiration of 30 days following''.
(76) Section 7049(c) is amended--
(A) by striking ``Certification'' in the subsection heading
and inserting ``Determination''; and
(B) by striking ``, and certifies to'' and all that follows
through ``House of Representatives,''.
(77) Section 9342(h) is amended by striking ``Secretary of
the Air Force'' and inserting ``Superintendent''.
(78) Section 9356(c) is amended is amended by striking
``the expiration of 30 days following''.
(79) Section 12302--
(A) in subsection (b), by striking the last sentence; and
(B) by striking subsection (d).
(80)(A) Section 16137 is repealed.
(B) The table of sections at the beginning of chapter 1606
is amended by striking the item relating to section 16137.
(b) Foreign Assistance Act of 1961.--Section 656 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2416) is repealed.
(c) National Defense Authorization Act for Fiscal Year
1991.--Part B of title XXIX of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
10 U.S.C. 2687 note) is amended as follows:
(1) Section 2921 is amended--
(A) in subsection (f)(1), by striking ``30 days'' and
inserting ``14 days''; and
(B) in subsection (g), by striking ``30 days'' in
paragraphs (1) and (2) and inserting ``14 days''.
(2) Section 2926 is amended by striking subsection (g).
(d) National Defense Authorization Act for Fiscal Years
1992 and 1993.--The National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190) is amended as
follows:
(1) Section 734 (10 U.S.C. 1074 note) is amended by
striking subsection (c).
(2) Section 2868 (10 U.S.C. 2802 note) is amended by
striking ``The Secretary of Defense'' and all that follows
through ``is to be authorized'' and inserting ``Not later
than 30 days after the date on which a decision is made
selecting the site or sites for the permanent basing of a new
weapon system, the Secretary of Defense shall submit to
Congress''.
(e) National Defense Authorization Act for Fiscal Year
1993.--The National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484) is amended as follows:
(1) Section 324 (10 U.S.C. 2701 note) is amended--
(A) by striking ``(a) Sense of Congress.--''; and
(B) by striking subsection (b).
(2) Section 1082(b)(1) (10 U.S.C. 113 note) is amended by
striking ``the Secretary of Defense--'' and all that follows
and inserting ``the Secretary of Defense determines that it
is in the national security interests of the United States
for the military departments to do so.''.
(f) National Defense Authorization Act for Fiscal Year
1995.--Section 721 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1074
note) is amended by striking subsection (h).
(g) National Defense Authorization Act for Fiscal Year
1997.--The National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201) is amended as follows:
(1) Section 324 (10 U.S.C. 2706 note) is amended by
striking subsection (c).
(2) Section 1065(b) (10 U.S.C. 113 note) is amended--
(1) by striking ``(1)'' before ``Notwithstanding''; and
(2) by striking paragraph (2).
(h) Department of Defense Appropriations Act, 1997.--
Section 8009 of the Department of Defense Appropriations Act,
1997 (as contained in section 101(b) of Public Law 104-208;
110 Stat. 3009-89), is amended by striking ``, unless the
congressional defense committees have been notified at least
thirty days in advance of the proposed contract award''.
(i) National Defense Authorization Act for Fiscal Year
1998.-- Section 349 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 2702 note)
is amended by striking subsection (e).
(j) Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999.--The Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261)
is amended as follows:
(1) Section 745(e) (10 U.S.C. 1071 note) is amended--
(A) by striking ``(1)'' before ``The Secretary of
Defense''; and
(B) by striking paragraph (2).
(2) Section 1223 (22 U.S.C. 1928 note) is repealed.
(k) National Defense Authorization Act for Fiscal Year
2000.--The National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65) is amended as follows:
(1) Section 212 (10 U.S.C. 2501 note) is amended by
striking subsection (c).
(2) Section 724 (10 U.S.C. 1092 note) is amended by
striking subsection (e).
(4) Section 1039 (10 U.S.C. 113 note) is amended by
striking subsection (b).
(l) Military Construction Appropriations Act, 2001.--
Section 125 of the Military Construction Appropriations Act,
2001 (division A of Public Law 106-246; 114 Stat. 517), is
repealed.
(m) Department of Defense Appropriations Act, 2001.--
Section 8019 of the Department of Defense Appropriations Act,
2001 (Public Law 106-259; 114 Stat. 678; 10 U.S.C. 2687
note), is amended by striking ``of Congress:'' and all that
follows through ``this provision'' and inserting ``of
Congress''.
(n) Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001.--Section 1006 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-247;
10 U.S.C. 2226 note), is amended by striking subsection (c).
(o) Department of Defense Appropriations Act, 2002.--
Section 8009 of the Department of Defense Appropriations Act,
2002 (division A of Public Law 107-117; 115 Stat. 2249; 10
U.S.C. 401 note), is amended by striking ``, and these
obligations shall be reported to the Congress''.
SEC. 1022. REPORT ON OPERATION IRAQI FREEDOM.
(a) Report Required.--Not later than June 15, 2004, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on Operation Iraqi
Freedom. The Secretary shall submit to those committees a
preliminary report on the conduct of those hostilities not
later than January 15, 2004.
(b) Discussion of Accomplishments and Shortcomings.--The
report (and the preliminary report, to the extent feasible)
shall contain a discussion, with a particular emphasis on
accomplishments and shortcomings, of the following matters:
(1) The military objectives of the multinational coalition.
(2) The military strategy of the multinational coalition to
achieve those military objectives and how the military
strategy contributed to the achievement of those objectives.
(3) The deployment of United States forces and the
transportation of supplies to the theater of operations,
including an assessment of airlift, sealift, afloat
prepositioning ships, and Maritime Prepositioning Squadron
ships.
(4) The conduct of military operations.
(5) The use of special operations forces, including
operational and intelligence uses classified under special
access procedures.
(6) The use and performance of United States military
equipment, weapon systems, and munitions (including items
classified under special access procedures) and an analysis
of--
(A) any equipment or capabilities that were in research and
development and if available could have been used in the
theater of operations; and
(B) any equipment or capabilities that were available and
could have been used but were not introduced into the theater
of operations.
(7) The scope of logistics support, including support from
other nations.
(8) The acquisition policies and processes used to support
the forces in the theater of operations.
[[Page H4453]]
(9) The personnel management actions taken to support the
forces in the theater of operations.
(10) The effectiveness of reserve component forces,
including a discussion of each of the following matters:
(A) The readiness and activation of such forces.
(B) The decisionmaking process regarding both activation of
reserve component forces and deployment of those forces to
the theater of operations.
(C) The post-activation training received by such forces.
(D) The integration of forces and equipment of reserve
component forces into the active component forces.
(E) The use and performance of the reserve component forces
in operations in the theater of operations.
(F) The use and performance of such forces at duty stations
outside the theater of operations.
(11) The role of the law of armed conflict in the planning
and execution of military operations by United States forces
and the other coalition forces and the effects on operations
of Iraqi compliance or noncompliance with the law of armed
conflict, including a discussion regarding each of the
following matters:
(A) Use of Iraqi civilians as human shields.
(B) Collateral damage and civilian casualties.
(C) Treatment of prisoners of war.
(D) Repatriation of prisoners of war.
(E) Use of ruses and acts of perfidy.
(F) War crimes.
(G) Environmental terrorism.
(H) Conduct of neutral nations.
(12) The actions taken by the coalition forces in
anticipation of, and in response to, Iraqi acts of
environmental terrorism.
(13) The actions taken by the coalition forces in
anticipation of possible Iraqi use of weapons of mass
destruction.
(14) Evidence of Iraqi weapons of mass destruction programs
and Iraqi preparations for the use of such weapons.
(15) The contributions of United States and coalition
intelligence and counterintelligence systems and personnel,
including contributions regarding bomb damage assessments and
particularly including United States tactical intelligence
and related activities (TIARA) programs and the Joint
Military Intelligence Program (JMIP).
(16) Command, control, communications, and operational
security of the coalition forces as a whole, and command,
control, communications, and operational security of the
United States forces.
(17) The rules of engagement for the coalition forces.
(18) The actions taken to reduce the casualties among
coalition forces caused by the fire of such forces.
(19) The role of supporting combatant commands and Defense
Agencies of the Department of Defense.
(20) The policies and procedures relating to the media,
including the use of embedded media.
(21) The assignment of roles and missions to the United
States forces and other coalition forces and the performance
of those forces in carrying out their assigned roles and
missions.
(22) The preparedness, including doctrine and training, of
the United States forces.
(23) The acquisition of foreign military technology from
Iraq, and any compromise of military technology of the United
States or other countries in the multinational coalition.
(24) The problems posed by Iraqi possession and use of
equipment produced in the United States and other coalition
nations.
(25) The use of deception by Iraqi forces and by coalition
forces.
(26) The military criteria used to determine when to
progress from one phase of military operations to another
phase of military operations.
(27) The role, if any, of the Status of Resources and
Training System (SORTS) in determining which units would be
employed during the operation.
(28) The role of the Coast Guard.
(29) The direct and indirect cost of military operations,
including an assessment of the total incremental expenditures
made by the Department of Defense as a result of Operation
Iraqi Freedom.
(c) Casualty Statistics.--The report (and the preliminary
report, to the extent feasible) shall also contain--
(1) the number of military and civilian casualties
sustained by coalition nations; and
(2) estimates of such casualties sustained by Iraq and by
nations not directly participating in hostilities during
Operation Iraqi Freedom.
(d) Classification of Reports.--The Secretary of Defense
shall submit both the report and the preliminary report in a
classified form and an unclassified form.
SEC. 1023. REPORT ON DEPARTMENT OF DEFENSE POST-CONFLICT
ACTIVITIES IN IRAQ
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the activities of the
Department of Defense in post-conflict Iraq.
(b) Report Elements.--The report shall discuss the range of
infrastructure reconstruction, civil administration,
humanitarian assistance, interim governance, and political
development activities undertaken in Iraq by officials of the
Department and by those civilians reporting to the Secretary
of Defense and the missions undertaken in Iraq by United
States military forces during the post-conflict period. In
particular, the report shall include a discussion of the
following:
(1) The evolution of the organizational structure of the
civilian groups reporting to the Secretary, including the
Office of Reconstruction and Humanitarian Assistance, on
issues of Iraqi post-conflict administration and
reconstruction and the factors influencing that evolution.
(2) The relationship of the Department of Defense with
other United States departments and agencies involved in
post-conflict administration and reconstruction planning and
execution in Iraq.
(3) The relationship of Department of Defense entities,
including the Office of Reconstruction and Humanitarian
Assistance, with intergovernmental and nongovernmental
organizations contributing to the reconstruction and
governance efforts.
(4) Progress made to the date of the report in--
(A) rebuilding Iraqi infrastructure;
(B) providing for the humanitarian needs of the Iraqi
people;
(C) reconstituting the Iraqi governmental bureaucracy and
its provision of services; and
(D) developing mechanisms of fully transitioning Iraq to
representative self-government.
(5) Progress made to the date of the report by Department
of Defense civilians and military personnel in accounting for
any Iraqi weapons of mass destruction and associated weapons
capabilities.
(6) Progress made to the date of the report by United
States military personnel in providing security in Iraq and
in transferring security functions to a reconstituted Iraqi
police force and military.
(7) The Secretary's assessment of the scope of the ongoing
needed commitment of United States military forces and of the
remaining tasks to be completed by Department of Defense
civilian personnel in the governance and reconstruction
areas, including an estimate of the total expenditures the
Department of Defense expects to make for activities in post-
conflict Iraq.
SEC. 1024. REPORT ON DEVELOPMENT OF MECHANISMS TO BETTER
CONNECT DEPARTMENT OF DEFENSE SPACE
CAPABILITIES TO THE WAR FIGHTER.
Not later than March 15, 2004, the Secretary of Defense
shall submit to the congressional defense committees a report
on development and implementation of systematic mechanisms to
provide for integrating into activities of the United States
Strategic Command planning and requirements for connecting
space capabilities of that command with the war fighter.
Subtitle D--Procurement of Defense Biomedical Countermeasures
SEC. 1031. RESEARCH AND DEVELOPMENT OF DEFENSE BIOMEDICAL
COUNTERMEASURES.
(a) In General.--The Secretary of Defense (in this section
referred to as the ``Secretary'') shall carry out a program
to accelerate the research, development and procurement of
biomedical countermeasures, including but not limited to
therapeutics and vaccines, for the protection of the Armed
Forces from attack by one or more biological, chemical,
radiological, or nuclear agents.
(b) Interagency Cooperation.--(1) In carrying out the
program under subsection (a), the Secretary may enter into
interagency agreements and other collaborative undertakings
with other Federal agencies. Under such agreements and
undertakings, the participating agencies are authorized to
provide funds and receive funds from other participating
agencies.
(2) The Secretary, in consultation with the Secretary of
Health and Human Services and the Secretary of Homeland
Security, shall ensure that the activities of the Department
of Defense in carrying out the program are coordinated with,
complement, and do not unnecessarily duplicate activities of
the Department of Health and Human Services or the Department
of Homeland Security.
(c) Expedited Procurement Authority.--(1)(A) For any
procurement by the Secretary, of property or services for use
(as determined by the Secretary) in performing,
administering, or supporting biomedical countermeasures
research or development, the amount specified in section
4(11) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(11)), as applicable pursuant to section 302A(a) of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 252a(a)), shall be deemed to be $25,000,000 in the
administration, with respect to such procurement, of sections
302A(b) (41 U.S.C. 252a(b)) and 303(g)(1)(A) (42 U.S.C.
253(g)(1)(A)) of the Federal Property and Administrative
Services Act of 1949 and the regulations implementing those
sections.
(B) The Secretary shall institute appropriate internal
controls for use of the authority under subparagraph (A),
including requirements for documenting the justification for
each use of such authority.
(2)(A) For a procurement described in paragraph (1), the
amount specified in subsections (c), (d), and (f) of section
32 of the Office of Federal Procurement Policy Act (41 U.S.C.
428) shall be deemed to be $15,000 in the administration of
that section with respect to such procurement.
(B) The Secretary shall institute appropriate internal
controls for each use of the authority under subparagraph (A)
for a procurement greater than $2,500.
(d) Facilities Authority.--(1) The Secretary may acquire,
lease, construct, improve, renovate, remodel, repair,
operate, and maintain laboratories, other research facilities
and equipment, and other real or personal property that the
Secretary determines necessary for carrying out the program
under this section. The authority under this paragraph is in
addition to any other authority under law.
(2) The Secretary may exercise the authorities of paragraph
(1) as part of an intergency cooperation activity under
subsection (b).
(e) Authority for Personal Services Contracts.--The
authority provided by section 1091 of title 10, United States
Code, for personal services contracts to carry out health
care responsibilities in medical treatment facilities of the
[[Page H4454]]
Department of Defense shall also be available, subject to the
same terms and conditions, for personal services contracts to
carry out research and development activities under this
section. The number of individuals whose personal services
are obtained under this subsection may not exceed 30 at any
time.
(f) Streamlined Personnel Authority.--(1) Without regard to
any provision of title 5, United States Code, governing
appointments in the competitive service, and without regard
to any provision of chapter 51, or subchapter III of chapter
43, of such title relating to classification and General
Schedule pay rates, the Secretary may appoint professional
and technical employees, not to exceed 30 such employees at
any time, to positions in the Department of Defense to carry
out research and development under the program under this
section. The authority under this paragraph is in addition to
any other authority under law.
(2) The Secretary may use the authority under paragraph (1)
only upon a determination by the Secretary that use of such
authority is necessary to accelerate the research and
development under the program.
(3) The Secretary shall institute appropriate internal
controls for each use of the authority under paragraph (1).
SEC. 1032. PROCUREMENT OF DEFENSE BIOMEDICAL COUNTERMEASURES.
(a) Determination of Material Threats.--(1) The Secretary
of Defense (in this section referred to as the
``Secretary''), in consultation with the Secretary of Health
and Human Services and the Secretary of Homeland Security
shall on an ongoing basis--
(A) assess current and emerging threats of use of
biological, chemical, radiological, and nuclear agents; and
(B) identify, on the basis of such assessment, those agents
that present a material risk of use against the Armed Forces.
(2) The Secretary, in consultation with the Secretary of
Health and Human Services and the Secretary of Homeland
Security, shall on an ongoing basis--
(A) assess the potential consequences to the health of
members of the Armed Forces of use against the Armed Forces
of the agents identified under paragraph (1)(B); and
(B) identify, on the basis of such assessment, those agents
for which countermeasures are necessary to protect the health
of members of the Armed Forces.
(b) Assessment of Availability and Appropriateness of
Countermeasures.--The Secretary, in consultation with the
Secretary of Health and Human Services and the Secretary of
Homeland Security, shall on an ongoing basis assess the
availability and appropriateness of specific countermeasures
to address specific threats identified under subsection (a).
(c) Secretary's Determination of Countermeasures
Appropriate for Procurement.--(1) The Secretary, in
accordance with paragraph (2), shall on an ongoing basis
identify specific countermeasures that the Secretary
determines to be appropriate for procurement for the
Department of Defense stockpile of biomedical
countermeasures.
(2) The Secretary may not identify a specific
countermeasure under paragraph (1) unless the Secretary
determines that--
(A) the countermeasure is a qualified countermeasure; and
(B) it is reasonable to expect that producing and
delivering, within 5 years, the quantity of that
countermeasure required to meet the needs of the Department
(as determined by the Secretary) is feasible.
(d) Definitions.--In this section:
(1) The term ``qualified countermeasure'' means a
biomedical countermeasure--
(A) that is approved under section 505(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355) or licensed
under section 351 of the Public Health Service Act (42 U.S.C.
262), or that is approved under section 515 or cleared under
section 510(k) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360e and 360) for use as such a countermeasure to
a biological, chemical, radiological, or nuclear agent
identified as a material threat under subsection (a); or
(B) with respect to which the Secretary, in consultation
with the Secretary of Health and Human Services, makes a
determination that sufficient and satisfactory clinical
experience or research data (including data, if available,
from preclinical and clinical trials) exists to support a
reasonable conclusion that the product will, not later than 5
years after the date on which the Secretary identifies the
product under subsection (c)(1), qualify for such approval or
licensing for use as such a countermeasure.
(2) The term ``biomedical countermeasure'' means a drug (as
defined in section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(g)(1))), device (as defined in
section 201(h) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321(h))), or biological product (as defined in
section 351(i) of the Public Health Service Act (42 U.S.C.
262(i)) that is--
(A) used to treat, identify, or prevent harm from any
biological, chemical, radiological, or nuclear agent that may
cause a military health emergency affecting the Armed Forces;
or
(B) used to treat, identify, or prevent harm from a
condition that may result in adverse health consequences or
death and may be caused by administering a drug or biological
product that is used as described in subparagraph (A).
(e) Funding.--(1) Of the amount authorized to be
appropriated for the Department of Defense and available
within the transfer authority established under section 1001
of this Act for fiscal year 2004 and for each fiscal year
thereafter, such sums are authorized as may be necessary for
the costs incurred by the Secretary in the procurement of
countermeasures under this section, subject to paragraph (2).
(2) Amounts authorized to be appropriated under paragraph
(1) shall not be available to pay--
(A) costs for the purchase of vaccines under procurement
contracts entered into before January 1, 2003;
(B) costs under new contracts, or costs of new obligations
under contracts previously entered into, for procurement of a
countermeasure after the date of a determination under
subsection (c)(2)(D) that the countermeasure does have a
significant commercial market other than as a biomedical
countermeasure; or
(C) administrative costs.
SEC. 1033. AUTHORIZATION FOR USE OF MEDICAL PRODUCTS IN
EMERGENCIES.
(a) Use of Medical Products Authorized.--During the period
in which a declaration of emergency under subsection (b) is
in effect, the Secretary of Defense, in accordance with this
section, may authorize the use on members of the Armed Forces
of a drug or device intended solely for use in an actual or
potential emergency.
(b) Declaration of Emergency.--(1) A declaration of
emergency referred to in subsection (a) is a declaration by
the Secretary of Defense that there exists a military
emergency, or a significant potential for a military
emergency, involving a heightened risk to the Armed Forces of
attack by one or more biological, chemical, radiological, or
nuclear agents.
(2) Subject to paragraph (3), the period during which a
declaration of emergency under this subsection is in effect
begins upon the making of the declaration and ends upon the
first to occur of the following events:
(A) The making of a determination by the Secretary that the
military emergency, or the significant potential for a
military emergency, has ceased to exist.
(B) The expiration of the one-year period beginning on the
date on which the declaration of emergency is made.
(3) Before the expiration of the period during which a
declaration of emergency is in effect, the Secretary may
declare one or more extensions of that declaration of
emergency. In such a case, the date on which the most recent
extension was declared shall be treated for purposes of
subsection (2)(B) as the date on which the declaration of
emergency is made.
(c) Criteria for Issuance of Authorization.--The Secretary,
in consultation with the Secretary of Health and Human
Services, may use the authority under subsection (a) with
respect to a biomedical countermeasure only if the Secretary
make a determination that--
(1) an agent to which a declaration of emergency under
subsection (b) relates can cause a serious or life-
threatening disease or condition;
(2) based on the totality of scientific evidence available
to the Secretary, including data from adequate and well-
controlled clinical trials, if available, it is reasonable to
believe that--
(A) such countermeasure may be effective in detecting,
diagnosing, treating, or preventing such disease or
condition; or
(B) the known and potential benefits of such
countermeasure, when used to detect, diagnose, treat, or
prevent such disease or condition, outweigh the known and
potential risks of such countermeasure;
(3) no adequate, approved, and available alternative exists
to such countermeasure for detecting, diagnosing, treating,
or preventing such disease or condition; and
(4) such other criteria as the Secretary may by regulation
prescribe are satisfied.
(d) Scope of Authorization.--For each use of the authority
under subsection (a), the Secretary, in consultation with the
Secretary of Health and Human Services, shall--
(1) specify each disease or condition that the biological
countermeasure may be used to detect, diagnose, treat, or
prevent; and
(2) set forth each determination under subsection (c) with
respect to that countermeasure and the basis for each such
determination.
(e) Condition.--In carrying out this section, the Secretary
shall ensure compliance with section 1107 of title 10, United
States Code, and section 731(a)(3) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2071; 10 U.S.C. 1107 note).
Subtitle E--Other Matters
SEC. 1041. CODIFICATION AND REVISION OF DEFENSE
COUNTERINTELLIGENCE POLYGRAPH PROGRAM
AUTHORITY.
(a) Codification.--(1) Chapter 21 of title 10, United
States Code, is amended by inserting after section 425 the
following new section:
``Sec. 426. Counterintelligence polygraph program
``(a) Authority for Program.--The Secretary of Defense may
carry out a program for the administration of
counterintelligence polygraph examinations to persons
described in subsection (b). The program shall be based on
Department of Defense Directive 5210.48, dated December 24,
1984.
``(b) Persons Covered.--Except as provided in subsection
(c), the following persons whose duties involve access to
information that has been classified at the level of top
secret or designated as being within a special access program
under section 4.4(a) of Executive Order 12958 (or a successor
Executive order) are subject to this section:
``(1) Military and civilian personnel of the Department of
Defense.
``(2) Personnel of defense contractors.
``(3) A person assigned or detailed to the Department of
Defense.
``(4) An applicant for a position in the Department of
Defense.
``(c) Exceptions From Coverage for Certain Intelligence
Agencies and Functions.--This section does not apply to the
following persons:
[[Page H4455]]
``(1) A person assigned or detailed to the Central
Intelligence Agency or to an expert or consultant under a
contract with the Central Intelligence Agency.
``(2) A person who is--
``(A) employed by or assigned or detailed to the National
Security Agency;
``(B) an expert or consultant under contract to the
National Security Agency;
``(C) an employee of a contractor of the National Security
Agency; or
``(D) a person applying for a position in the National
Security Agency.
``(3) A person assigned to a space where sensitive
cryptographic information is produced, processed, or stored.
``(4) A person employed by, or assigned or detailed to, an
office within the Department of Defense for the collection of
specialized national foreign intelligence through
reconnaissance programs or a contractor of such an office.
``(d) Oversight.--(1) The Secretary shall establish a
process to monitor responsible and effective application of
polygraphs within the Department of Defense.
``(2) The Secretary shall make information on the use of
polygraphs within the Department of Defense available to the
congressional defense committees.
``(e) Polygraph Research Program.--The Secretary of Defense
shall carry out a continuing research program to support the
polygraph activities of the Department of Defense. The
program shall include--
``(1) an on-going evaluation of the validity of polygraph
techniques used by the Department;
``(2) research on polygraph countermeasures and anti-
countermeasures; and
``(3) developmental research on polygraph techniques,
instrumentation, and analytic methods.''.
(2) The table of sections at the beginning of subchapter I
of such chapter is amended by adding at the end the following
new item:
``426. Counterintelligence polygraph program.''.
(b) Conforming Repeal.--Section 1121 of the National
Defense Authorization Act for Fiscal Years 1988 and 1989 (10
U.S.C. 113 note), is repealed.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2003.
SEC. 1042. CODIFICATION AND REVISION OF LIMITATION ON
MODIFICATION OF MAJOR ITEMS OF EQUIPMENT
SCHEDULED FOR RETIREMENT OR DISPOSAL.
(a) In General.--(1) Chapter 134 of title 10, United States
Code, is amended by inserting after section 2244 the
following new section:
``Sec. 2244a. Equipment scheduled for retirement or disposal:
limitation on expenditures for modifications
``(a) Prohibition.--Except as otherwise provided in this
section, the Secretary of a military department may not carry
out a significant modification of an aircraft, weapon,
vessel, or other item of equipment that the Secretary plans
to retire or otherwise dispose of within five years after the
date on which the modification, if carried out, would be
completed.
``(b) Significant Modifications Defined.--For purposes of
this section, a significant modification is any modification
for which the cost is in an amount equal to or greater than
$1,000,000.
``(c) Exception for Safety Modifications.--The prohibition
in subsection (a) does not apply to a safety modification.
``(d) Waiver Authority.--The Secretary concerned may waive
the prohibition in subsection (a) in the case of any
modification otherwise subject to that subsection if the
Secretary determines that carrying out the modification is in
the national security interest of the United States. Whenever
the Secretary issues such a waiver, the Secretary shall
notify the congressional defense committees in writing.''.
(2) The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to
section 2244 the following new item:
``2244a. Equipment scheduled for retirement or disposal: limitation on
expenditures for modifications.''.
(b) Conforming Repeal.--Section 8053 of the Department of
Defense Appropriations Act, 1998 (10 U.S.C. 2241 note), is
repealed.
SEC. 1043. ADDITIONAL DEFINITIONS FOR PURPOSES OF TITLE 10,
UNITED STATES CODE.
(a) General Definitions.--Section 101(a) of title 10,
United States Code, is amended by adding at the end the
following new paragraphs:
``(16) The term `congressional defense committees' means--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
``(17) The term `base closure law' means the following:
``(A) Section 2687 of this title.
``(B) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
``(C) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
(b) References to Congressional Defense Committees.--Title
10, United States Code, is further amended as follows:
(1) Section 135(e) is amended--
(A) by striking ``(1)'';
(B) by striking ``each congressional committee specified in
paragraph (2)'' and inserting ``each of the congressional
defense committees''; and
(C) by striking paragraph (2).
(2) Section 153(c) is amended--
(A) by striking ``committees of Congress named in paragraph
(2)'' and inserting ``congressional defense committees'';
(B) by striking paragraph (2); and
(C) by designating the second sentence of paragraph (1) as
paragraph (2) and in that paragraph (as so designated) by
striking ``The report'' and inserting ``Each report under
paragraph (1)''.
(3) Section 181(d)(2) is amended--
(A) by striking ``subsection:'' and all that follows
through ``oversight'' and inserting ``subsection, the term
`oversight''; and
(B) by striking subparagraph (B).
(4) Section 224 is amended by striking subsection (f).
(5) Section 228(e) is amended--
(A) by striking ``Definitions'' and all that follows
through ``(1) The term'' and inserting ``O&M Budget Activity
Defined.--In this section, the term''; and
(B) by striking paragraph (2).
(6) Section 229 is amended by striking subsection (f).
(7) Section 1107(f)(4) is amended by striking subparagraph
(C).
(8) Section 2216(j) is amended by striking paragraph (3).
(9) Section 2218(l) is amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4).
(10) Section 2306b(l) is amended--
(A) by striking paragraph (9); and
(B) by redesignating paragraph (10) as paragraph (9).
(11) Section 2308(e)(2) is amended--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(12) Section 2366(e) is amended--
(A) by striking paragraph (7); and
(B) by redesignating paragraphs (8) and (9) as paragraphs
(7) and (8), respectively.
(13) Section 2399(h) is amended--
(A) by striking ``Definitions.--'' and all that follows
through ``(1) The term'' and inserting ``Operational Test and
Evaluation Defined.--In this section, the term'';
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(D) by realigning those paragraphs (as so redesignated) so
as to be indented two ems from the left margin.
(14) Section 2667(h) is amended by striking paragraph (1).
(15) Section 2688(e)(1) is amended by striking ``the
Committee on'' the first place it appears and all that
follows through ``House of Representatives'' and inserting
``the congressional defense committees''.
(16) Section 2801(c)(4) is amended by striking ``the
Committee on'' the first place it appears and all that
follows through ``House of Representatives'' and inserting
``the congressional defense committees''.
(c) References to Base Closure Laws.--Title 10, United
States Code, is further amended as follows:
(1) Section 2306c(h) is amended by striking ``Additional''
and all that follows through ``(2) The term'' and inserting
``Military Installation Defined.--In this section, the
term''.
(2) Section 2490a(f) is amended--
(A) by striking ``Definitions.--'' and all that follows
through ``(1) The term'' and inserting ``Nonappropriated Fund
Instrumentality Defined.--In this section, the term''; and
(B) by striking paragraph (2).
(3) Section 2667(h), as amended by subsection (b)(13), is
further amended by striking ``section:'' and all that follows
through ``(3) The term'' and inserting ``section, the term''.
(4) Section 2696(e) is amended--
(A) by striking paragraphs (1), (2), (3), and (4) and
inserting the following:
``(1) A base closure law.''; and
(B) by redesignating paragraph (6) as paragraph (2).
(4) Section 2705 is amended by striking subsection (h).
(5) Section 2871 is amended by striking paragraph (2).
SEC. 1044. INCLUSION OF ANNUAL MILITARY CONSTRUCTION
AUTHORIZATION REQUEST IN ANNUAL DEFENSE
AUTHORIZATION REQUEST.
(a) Inclusion of Military Construction Request.--Section
113a(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Authority to carry out military construction
projects, as required by section 2802 of this title.''.
(b) Repeal of Separate Transmission of Request.--(1)
Section 2859 of such title is repealed.
(2) The table of sections at the beginning of subchapter
III of chapter 169 of such title is amended by striking the
item relating to section 2859.
SEC. 1045. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) The tables of chapters at the beginning of subtitle A,
and at the beginning of part IV of subtitle A, are amended by
striking ``2701'' in the item relating to chapter 160 and
inserting ``2700''.
(2) Section 101(a)(9)(D) is amended by striking
``Transportation'' and inserting ``Homeland Security''.
(3) Section 2002(a)(2) is amended by striking ``Foreign
Service Institute'' and inserting ``George P. Schultz
National Foreign Affairs Training Center''.
(4)(A) Section 2248 is repealed.
[[Page H4456]]
(B) The table of sections at the beginning of chapter 134
is amended by striking the item relating to section 2248.
(5) Section 2305a(c) is amended by striking ``the Brooks
Architect-Engineers Act (40 U.S.C. 541 et seq.)'' and
inserting ``chapter 11 of title 40''.
(6) Section 2432(h)(1) is amended by inserting ``program''
in the first sentence after ``for such''.
(7) Section 7503(d) is amended by inserting ``such'' before
``title III.''
(b) Title 37, United States Code.--Title 37, United States
Code, is amended as follows:
(1) Section 323(a) is amended by striking ``1 year'' in
paragraphs (1) and (2) and inserting ``one year''.
(2) Section 402(b) is amended--
(A) by striking paragraph (1); and
(B) in paragraph (2), by striking ``On and after January 1,
2002, the'' and inserting ``The''.
(c) Floyd D. Spence National Defense Authorizaton Act for
Fiscal Year 2001.--The Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398) is amended as follows:
(1) Section 1308(c) (22 U.S.C. 5959) is amended--
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by redesignating the second paragraph (6) as paragraph
(7).
(2) Section 814 (10 U.S.C. 1412 note) is amended in
subsection (d)(1) by striking ``the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106)'' and inserting
``subtitle III of title 40, United States Code''.
(d) National Defense Authorization Act for Fiscal Year
2000.--Section 1305 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note)
is amended by striking the second period at the end.
(e) Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999.--Section 819 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 2089) is amended by striking ``section
201(c) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 481(c)),'' and inserting ``section 503
of title 40, United States Code,''.
(f) National Defense Authorization Act for Fiscal Year
1997.--Section 1084(e) of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2675)
is amended by striking ``98-515'' and inserting ``98-525''.
The amendment made by the preceding sentence shall take
effect as if included in Public Law 104-201.
(g) Federal Acquisition Streamlining Act of 1994.--
Subsection (d) of section 1004 of the Federal Acquisition
Streamlining Act of 1994 (Public Law 103-355; 108 Stat, 3253)
is amended by striking ``under--'' and all that follows
through the end of paragraph (2) and inserting ``under
chapter 11 of title 40, United States Code.''.
(h) Armed Forces Retirement Home Act of 1991.--Section
1520(b)(1)(C) of the Armed Forces Retirement Home Act of 1991
(24 U.S.C. 420(b)(1)(C)) is amended by inserting ``Armed
Forces'' before ``Retirement Home Trust Fund''.
SEC. 1046. AUTHORITY TO PROVIDE LIVING QUARTERS FOR CERTAIN
STUDENTS IN COOPERATIVE AND SUMMER EDUCATION
PROGRAMS OF THE NATIONAL SECURITY AGENCY.
Section 2195 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) The Director of the National Security Agency may
provide a qualifying employee of a defense laboratory of that
Agency with living quarters at no charge, or at a rate or
charge prescribed by the Director by regulation, without
regard to section 5911(c) of title 5.
``(2) In this subsection, the term `qualifying employee'
means a student who is employed at the National Security
Agency under--
``(A) a Student Educational Employment Program of the
Agency conducted under this section or any other provision of
law; or
``(B) a similar cooperative or summer education program of
the Agency that meets the criteria for Federal cooperative or
summer education programs prescribed by the Office of
Personnel Management.''.
SEC. 1047. USE OF DRUG INTERDICTION AND COUNTER-DRUG FUNDS TO
SUPPORT ACTIVITIES OF THE GOVERNMENT OF
COLOMBIA.
(a) Authority to Provide Assistance.--During fiscal years
2004 and 2005, the Secretary of Defense may use funds made
available to the Department of Defense for drug interdiction
and counter-drug activities to provide assistance to the
Government of Colombia--
(1) to support a unified campaign against narcotics
trafficking in Colombia;
(2) to support a unified campaign against activities by
designated terrorist organizations, such as the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), and the United Self-Defense Forces of Colombia (AUC);
and
(3) to take actions to protect human health and welfare in
emergency circumstances, including undertaking rescue
operations.
(b) Relation to Other Assistance Authority.--The authority
provided by subsection (a) is in addition to other provisions
of law authorizing the provision of assistance to the
Government of Colombia.
SEC. 1048. AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT
TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
TERRORISM ACTIVITIES.
(a) Authority.--A joint task force of the Department of
Defense that provides support to law enforcement agencies
conducting counter-drug activities may also provide,
consistent with all applicable laws and regulations, support
to law enforcement agencies conducting counter-terrorism
activities.
(b) Conditions.--Any support provided under subsection (a)
may only be provided in the geographic area of responsibility
of the joint task force.
SEC. 1049. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL
SECURITY INVESTIGATIONS AND DETERMINATIONS.
Section 30305(b) of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (9) through (11) as
paragraphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) An individual who is being investigated for--
``(A) eligibility for access to a particular level of
classified information for purposes of Executive Order 12968,
or any successor Executive order; or
``(B) Federal employment under authority of Executive Order
10450, or any successor Executive order,
may request the chief driver licensing official of a State to
provide information about the individual pursuant to
subsection (a) of this section to a Federal department or
agency that is authorized to investigate the individual for
the purpose of assisting in the determination of the
eligibility of the individual for access to classified
information or for Federal employment. A Federal department
or agency that receives such information about an individual
may use it in accordance with applicable law. Information may
not be obtained from the Register under this paragraph if the
information was entered in the Register more than 3 years
before the request, unless the information is about a
revocation or suspension still in effect on the date of the
request.''.
SEC. 1050. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
SECURITY AGENCY.
The National Security Agency Act of 1959 (50 U.S.C. 402
note) is amended by adding at the end the following new
section:
``Sec. 19. (a) Exemption of Certain Operational Files From
Search, Review, Publication, or Disclosure.--(1) The Director
of the National Security Agency, with the coordination of the
Director of Central Intelligence, may exempt operational
files of the National Security Agency from the provisions of
section 552 of title 5, United States Code, which require
publication, disclosure, search, or review in connection
therewith.
``(2)(A) Subject to subparagraph (B), for the purposes of
this section, the term `operational files' means files of the
National Security Agency that document the means by which
foreign intelligence or counterintelligence is collected
through technical systems.
``(B) Files that contain disseminated intelligence are not
operational files.
``(3) Notwithstanding paragraph (1), exempted operational
files shall continue to be subject to search and review for
information concerning--
``(A) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 of title
5 or section 552a of title 5, United States Code;
``(B) any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code; or
``(C) the specific subject matter of an investigation by
any of the following for any impropriety, or violation of
law, Executive order, or Presidential directive, in the
conduct of an intelligence activity:
``(i) The Permanent Select Committee on Intelligence of the
House of Representatives.
``(ii) The Select Committee on Intelligence of the Senate.
``(iii) The Intelligence Oversight Board.
``(iv) The Department of Justice.
``(v) The Office of General Counsel of the National
Security Agency.
``(vi) The Office of the Director of the National Security
Agency.
``(4)(A) Files that are not exempted under paragraph (1)
which contain information derived or disseminated from
exempted operational files shall be subject to search and
review.
``(B) The inclusion of information from exempted
operational files in files that are not exempted under
paragraph (1) shall not affect the exemption under paragraph
(1) of the originating operational files from search, review,
publication, or disclosure.
``(C) The declassification of some of the information
contained in exempted operational files shall not affect the
status of the operational file as being exempt from search,
review, publication, or disclosure.
``(D) Records from exempted operational files which have
been disseminated to and referenced in files that are not
exempted under paragraph (1) and which have been returned to
exempted operational files for sole retention shall be
subject to search and review.
``(5) The provisions of paragraph (1) may not be superseded
except by a provision of law which is enacted after the date
of the enactment of this section, and which specifically
cites and repeals or modifies its provisions.
``(6)(A) Except as provided in subparagraph (B), whenever
any person who has requested agency records under section 552
of title 5, United States Code, alleges that the National
Security Agency has withheld records improperly because of
failure to comply with any provision of this section,
judicial review shall be available under the terms set forth
in section 552(a)(4)(B) of title 5, United States Code.
``(B) Judicial review shall not be available in the manner
provided for under subparagraph (A) as follows:
[[Page H4457]]
``(i) In any case in which information specifically
authorized under criteria established by an Executive order
to be kept secret in the interests of national defense or
foreign relations which is filed with, or produced for, the
court by the National Security Agency, such information shall
be examined ex parte, in camera by the court.
``(ii) The court shall, to the fullest extent practicable,
determine the issues of fact based on sworn written
submissions of the parties.
``(iii) When a complainant alleges that requested records
are improperly withheld because of improper placement solely
in exempted operational files, the complainant shall support
such allegation with a sworn written submission based upon
personal knowledge or otherwise admissible evidence.
``(iv)(I) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the National Security Agency shall meet
its burden under section 552(a)(4)(B) of title 5, United
States Code, by demonstrating to the court by sworn written
submission that exempted operational files likely to contain
responsive records currently perform the functions set forth
in paragraph (2).
``(II) The court may not order the National Security Agency
to review the content of any exempted operational file or
files in order to make the demonstration required under
subclause (I), unless the complainant disputes the National
Security Agency's showing with a sworn written submission
based on personal knowledge or otherwise admissible evidence.
``(v) In proceedings under clauses (iii) and (iv), the
parties may not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that
requests for admission may be made pursuant to rules 26 and
36.
``(vi) If the court finds under this paragraph that the
National Security Agency has improperly withheld requested
records because of failure to comply with any provision of
this subsection, the court shall order the Agency to search
and review the appropriate exempted operational file or files
for the requested records and make such records, or portions
thereof, available in accordance with the provisions of
section 552 of title 5, United States Code, and such order
shall be the exclusive remedy for failure to comply with this
subsection.
``(vii) If at any time following the filing of a complaint
pursuant to this paragraph the National Security Agency
agrees to search the appropriate exempted operational file or
files for the requested records, the court shall dismiss the
claim based upon such complaint.
``(viii) Any information filed with, or produced for the
court pursuant to clauses (i) and (iv) shall be coordinated
with the Director of Central Intelligence prior to submission
to the court.
``(b) Decennial Review of Exempted Operational Files.--(1)
Not less than once every 10 years, the Director of the
National Security Agency and the Director of Central
Intelligence shall review the exemptions in force under
subsection (a)(1) to determine whether such exemptions may be
removed from the category of exempted files or any portion
thereof. The Director of Central Intelligence must approve
any determination to remove such exemptions.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public
interest in the subject matter of the particular category of
files or portions thereof and the potential for declassifying
a significant part of the information contained therein.
``(3) A complainant that alleges that the National Security
Agency has improperly withheld records because of failure to
comply with this subsection may seek judicial review in the
district court of the United States of the district in which
any of the parties reside, or in the District of Columbia. In
such a proceeding, the court's review shall be limited to
determining the following:
``(A) Whether the National Security Agency has conducted
the review required by paragraph (1) before the expiration of
the 10-year period beginning on the date of the enactment of
this section or before the expiration of the 10-year period
beginning on the date of the most recent review.
``(B) Whether the National Security Agency, in fact,
considered the criteria set forth in paragraph (2) in
conducting the required review.''.
SEC. 1051. ASSISTANCE FOR STUDY OF FEASIBILITY OF BIENNIAL
INTERNATIONAL AIR TRADE SHOW IN THE UNITED
STATES AND FOR INITIAL IMPLEMENTATION.
(a) Assistance for Community Feasibility Study.--(1) The
Secretary of Defense shall provide assistance to a community
selected under subsection (d) for expenses of a study by that
community of the feasibility of the establishment and
operation of a biennial international air trade show in the
area of that community.
(2) The Secretary shall provide for the community to submit
to the Secretary a report containing the results of the study
not later than September 30, 2004. The Secretary shall
promptly submit the report to Congress, together with such
comments on the report as the Secretary considers
appropriate.
(b) Assistance for Implementation.--If the community
conducting the study under subsection (a) determines that the
establishment and operation of such an air show is feasible
and should be implemented, the Secretary shall provide
assistance to the community for the initial expenses of
implementing such an air show in the selected community.
(c) Amount of Assistance.--The amount of assistance
provided by the Secretary under subsections (a) and (b)--
(1) may not exceed a total of $1,000,000, to be derived
from amounts available for operation and maintenance for the
Air Force for fiscal year 2004 or later fiscal years; and
(2) may not exceed one-half of the cost of the study and
may not exceed one-half the cost of such initial
implementation.
(d) Selection of Community.--The Secretary shall select a
community for purposes of subsection (a) through the use of
competitive procedures. In making such selection, the
Secretary shall give preference to those communities that
already sponsor an air show, have demonstrated a history of
supporting air shows with local resources, and have a
significant role in the aerospace community. The community
shall be selected not later than March 1, 2004.
SEC. 1052. CONTINUATION OF REASONABLE ACCESS TO MILITARY
INSTALLATIONS FOR PERSONAL COMMERCIAL
SOLICITATION.
(a) Continued Access to Members.--Section 2679 of title 10,
United States Code, is amended--
(1) in subsection (a), by inserting ``Access by
Representatives of Veterans' Organizations.--(1)'' before
``Upon certification'';
(2) by redesignating subsections (b) and (c) as paragraphs
(2) and (3), respectively;
(3) in paragraph (2), as so redesignated, by striking
``subsection (a)'' and inserting ``paragraph (1)'';
(4) in paragraph (3), as so redesignated, by striking
``section'' and inserting ``subsection'';
(5) by redesignating subsection (d) as subsection (c); and
(6) by inserting before such subsection the following new
subsection (b):
``(b) Access for Personal Commercial Solicitation.--An
amendment or other revision to a Department of Defense
directive relating to access to military installations for
the purpose of conducting limited personal commercial
solicitation shall not take effect until the end of the 90-
day period beginning on the date the Secretary of Defense
submits to Congress notice of the amendment or revision and
the reasons therefor.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 2679. Access to and use of space and equipment at
military installations: representatives of veterans'
organizations and other persons''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
``2679. Access to and use of space and equipment at military
installations: representatives of veterans' organizations
and other persons.''.
SEC. 1053. COMMISSION ON NUCLEAR STRATEGY OF THE UNITED
STATES.
(a) Establishment of Commission.--
(1) Establishment.--There is hereby established a
commission to be known as the ``Commission on Nuclear
Strategy of the United States'' (hereinafter this this
section referred to as the ``Commission''). The Secretary of
Defense, in consultation with the Secretary of Energy, shall
enter into a contract with a federally funded research and
development center to provide for the organization,
management, and suport of the Commission.
(2) Composition.--(A) The Commission shall be composed of
12 members appointed by the Secretary of Defense. In
selecting individuals for appointment to the Commission, the
Secretary of Defense shall consult with the chairman and
ranking minority member of the Committee on Armed Services of
the Senate and the chairman and ranking minority member of
the Committee on Armed Services of the House of
Representatives.
(B) Members of the Commission shall be appointed from among
private United States citizens with knowledge and expertise
in the political, military, operational, and technical
aspects of nuclear strategy.
(3) Chairman of the commission.--The Secretary of Defense
shall designate one of the members of the Commission to serve
as chairman of the Commission.
(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(5) Security clearances.--All members of the Commission
shall hold appropriate security clearances.
(b) Duties of Commission.--
(1) Review of nuclear strategy.--The Commission shall
consider all matters of policy, force structure, nuclear
stockpile stewardship, estimates of threats and force
requirements, and any other issue the Commission may consider
necessary in order to assess and make recommendations about
current United States nuclear strategy as envisioned in the
National Security Strategy of the United States and the
Nuclear Posture Review, as well as possible alternative
future strategies.
(2) Assessment of range of nuclear strategies.--The
Commission shall assess possible future nuclear strategies
for the United States that could be pursued over the next 20
years.
(3) Relations with russia.--The Commission shall give
special attention to assessing how the United States goal of
strengthening partnership with Russia may be advanced or
adversely affected by each of the possible nuclear strategies
considered. The Commission shall also assess how relations
with China, and the overall global security environment, may
be affected by each of those possible nuclear strategies.
(4) Other matters to be included.--For each of the possible
nuclear strategies considered, the Commission shall include
in its report under subsection (c)(1), at a minimum, the
following:
(A) A discussion of the policy defining the deterrence and
military-political objectives of the United States against
potential adversaries.
[[Page H4458]]
(B) A discussion of the military requirements for United
States forces, the force structure and capabilities necessary
to meet those requirements, and how they relate to the
achievement of the objectives identified under subparagraph
(A).
(C) Appropriate quantitative and qualitative analysis,
including force-on-force exchange modeling, to calculate the
effectiveness of the strategy under various scenario
conditions, including scenarios of strategic and tactical
surprise.
(D) An assessment of the role of missile defenses in the
strategy, the dependence of the strategy on missile defense
effectiveness, and the effect of missile defenses on the
threat environment.
(E) An assessment of the implications of the proliferation
of missiles and weapons of mass destruction, the
proliferation of underground facilities and mobile launch
platforms, and China's modernization of strategic forces.
(F) An assessment of the implications of asymmetries
between the United States and Russia, including doctrine,
nonstrategic nuclear weapons, and active and passive
defenses.
(G) An assessment of strategies or options for dealing with
nuclear capable nations that may provide nuclear weapons to
terrorist or transnational groups.
(H) An assessment of the contribution of non-proliferation
strategies and programs to the overall security of the United
States and how those strategies and programs may affect the
overall requirements of future nuclear strategy.
(I) An assessment of the effect of the strategy on the
nuclear programs of emerging nuclear weapons states,
including North Korea, Iran, Pakistan, and India.
(5) Recommendations.--The Commission shall include in its
report recommendations for any continuities or changes in
nuclear strategy it believes should be taken to enhance the
national security of the United States.
(6) Cooperation from government officials.--(A) In carrying
out its duties, the Commission shall receive the full and
timely cooperation of the Secretary of Defense, the Secretary
of Energy, and any other United States Government official in
providing the Commission with analyses, briefings, and other
information necessary for the fulfillment of its
responsibilities.
(B) The Secretary of Energy and the Secretary of Defense
shall each designate at least one officer or employee of the
Department of Energy and the Department of Defense,
respectively, to serve as a liaison officer between the
department and the Commission. The Director of Central
Intelligence may designate at least one officer or employee
of the Central Intelligence Agency to serve as a liaison
officer between that agency and the Commission.
(c) Reports.--
(1) Commission report.--The Commission shall submit to the
Secretary of Defense and to the Committees on Armed Services
of the Senate and House of Representatives a report on the
Commission's findings and conclusions not later than 18
months after the date of its first meeting.
(2) Secretary of defense response.--Not later than one year
after the date on which the Commission submits its report
under paragraph (1), the Secretary of Defense shall submit to
Congress a report--
(A) commenting on the Commission's findings and
conclusions; and
(B) explaining what actions, if any, the Secretary intends
to take to implement the recommendations of the Commission
and, with respect to each such recommendation, the
Secretary's reasons for implementing, or not implementing,
the recommendation.
(d) Hearings and Procedures.--
(1) Hearings.--The Commission may, for the purpose of
carrying out the purposes of this section, hold hearings and
take testimony.
(2) Procedures.--The federally funded research and
development center referred to in subsection (a)(1) shall be
responsible for establishing appropriate procedures for the
Commission.
(3) Detail of government employees.--Upon request of the
chairman of the Commission, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
any personnel of that department or agency to the Commission
to assist it in carrying out its duties.
(e) Funding.--Funds for activities of the Commission shall
be provided from amounts appropriated for the Department of
Defense.
(f) Termination of Commission.--The Commission shall
terminate 60 days after the date of the submission of its
report under subsection (c)(1).
(g) Implementation.--
(1) FFRDC contract.--The Secretary of Defense shall enter
into the contract required under subsection (a)(1) not later
than 60 days after the date of the enactment of this Act.
(2) First meeting.--The Commission shall convene its first
meeting not later than 60 days after the date as of which all
members of the Commission have been appointed.
SEC. 1054. EXTENSION OF COUNTERPROLIFERATION PROGRAM REVIEW
COMMITTEE.
Section 1605(f) of the National Defense Authorization Act
for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by
striking ``September 30, 2004'' and inserting ``September 30,
2008''.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A--Department of Defense Civilian Personnel Generally
SEC. 1101. MODIFICATION OF THE OVERTIME PAY CAP.
Section 5542(a)(2) of title 5, United States Code, is
amended--
(1) by inserting ``the greater of'' before ``one and one-
half''; and
(2) by inserting ``or the hourly rate of basic pay of the
employee'' after ``law)'' the second place it appears.
SEC. 1102. MILITARY LEAVE FOR MOBILIZED FEDERAL CIVILIAN
EMPLOYEES.
(a) In General.--Subsection (b) of section 6323 of title 5,
United States Code, is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and at the end of clause (ii), as
so redesignated, by inserting ``or''; and
(B) by inserting ``(A)'' after ``(2)''; and
(2) by inserting the following before the text beginning
with ``is entitled'':
``(B) performs full-time military service as a result of a
call or order to active duty in support of a contingency
operation as defined in section 101(a)(13) of title 10;''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to military service performed on or after the
date of the enactment of this Act.
SEC. 1103. COMMON OCCUPATIONAL AND HEALTH STANDARDS FOR
DIFFERENTIAL PAYMENTS AS A CONSEQUENCE OF
EXPOSURE TO ASBESTOS.
(a) Prevailing Rate Systems.--Section 5343(c)(4) of title
5, United States Code, is amended by inserting before the
semicolon at the end the following: ``, and for any hardship
or hazard related to asbestos, such differentials shall be
determined by applying occupational safety and health
standards consistent with the permissible exposure limit
promulgated by the Secretary of Labor under the Occupational
Safety and Health Act of 1970''.
(b) General Schedule Pay Rates.--Section 5545(d) of such
title is amended by inserting before the period at the end of
the first sentence the following: ``, and for any hardship or
hazard related to asbestos, such differentials shall be
determined by applying occupational safety and health
standards consistent with the permissible exposure limit
promulgated by the Secretary of Labor under the Occupational
Safety and Health Act of 1970''.
(c) Applicability.--Subject to any vested constitutional
property rights, any administrative or judicial determination
after the date of enactment of this Act concerning backpay
for a differential established under sections 5343(c)(4) or
5545(d) of such title shall be based on occupational safety
and health standards described in the amendments made by
subsections (a) and (b).
SEC. 1104. INCREASE IN ANNUAL STUDENT LOAN REPAYMENT
AUTHORITY.
Section 5379(b)(2)(A) of title 5, United States Code, is
amended by striking ``$6,000'' and inserting ``$10,000''.
SEC. 1105. AUTHORIZATION FOR CABINET SECRETARIES, SECRETARIES
OF MILITARY DEPARTMENTS, AND HEADS OF EXECUTIVE
AGENCIES TO BE PAID ON A BIWEEKLY BASIS.
(a) Authorization.--Section 5504 of title 5, United States
Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by striking the last sentence of both subsection (a)
and subsection (b); and
(3) by inserting after subsection (b) the following:
``(c) For the purposes of this section:
``(1) The term `employee' means--
``(A) an employee in or under an Executive agency;
``(B) an employee in or under the Office of the Architect
of the Capitol, the Botanic Garden, and the Library of
Congress, for whom a basic administrative workweek is
established under section 6101(a)(5) of this title; and
``(C) an individual employed by the government of the
District of Columbia.
``(2) The term `employee' does not include--
``(A) an employee on the Isthmus of Panama in the service
of the Panama Canal Commission; or
``(B) an employee or individual excluded from the
definition of employee in section 5541(2) of this title other
than an employee or individual excluded by clauses (ii),
(iii), and (xiv) through (xvii) of such section.
``(3) Notwithstanding paragraph (2), an individual who
otherwise would be excluded from the definition of employee
shall be deemed to be an employee for purposes of this
section if the individual's employing agency so elects, under
guidelines in regulations promulgated by the Office of
Personnel Management under subsection (d)(2).''.
(b) Guidelines.--Subsection (d) of section 5504 of such
title, as redesignated by subsection (a), is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following new paragraph:
``(2) The Office of Personnel Management shall provide
guidelines by regulation for exemptions to be made by the
heads of agencies under subsection (c)(3). Such guidelines
shall provide for such exemptions only under exceptional
circumstances.''.
SEC. 1106. SENIOR EXECUTIVE SERVICE AND PERFORMANCE.
(a) Senior Executive Pay.--Chapter 53 of title 5, United
States Code, is amended--
(1) in section 5304--
(A) in subsection (g)(2)--
(i) in subparagraph (A) by striking ``subparagraphs (A)-
(E)'' and inserting ``subparagraphs (A)-(D)''; and
(ii) in subparagraph (B) by striking ``subsection
(h)(1)(F)'' and inserting ``subsection (h)(1)(D)'';
(B) in subsection (h)(1)--
(i) by striking subparagraphs (B) and (C);
(ii) by redesignating subparagraphs (D), (E), and (F) as
subparagraphs (B), (C), and (D), respectively;
[[Page H4459]]
(iii) in clause (ii) by striking ``or'' at the end;
(iv) in clause (iii) by striking the period and inserting a
semicolon; and
(v) by adding at the end the following new clauses:
``(iv) a Senior Executive Service position under section
3132;
``(v) a position in the Federal Bureau of Investigation and
Drug Enforcement Administration Senior Executive Service
under section 3151; or
``(vi) a position in a system equivalent to the system in
clause (iv), as determined by the President's Pay Agent
designated under subsection (d).''; and
(C) in subsection (h)(2)(B)--
(i) in clause (i)--
(I) by striking ``subparagraphs (A) through (E)'' and
inserting ``subparagraphs (A) through (C)''; and
(II) by striking ``clause (i) or (ii)'' and inserting
``clause (i), (ii), (iii), (iv), (v), or (vii)''; and
(ii) in clause (ii)--
(I) by striking ``paragraph (1)(F)'' and inserting
``paragraph (1)(D)''; and
(II) by striking ``clause (i) or (ii)'' and inserting
``clause (i), (ii), (iii), (iv), (v), or (vi)'';
(2) by amending section 5382 to read as follows:
``Sec. 5382. Establishment of rates of pay for the Senior
Executive Service
``(a) Subject to regulations prescribed by the Office of
Personnel Management, there shall be established a range of
rates of basic pay for the Senior Executive Service, and each
senior executive shall be paid at one of the rates within the
range, based on individual performance, contribution to the
agency's performance, or both, as determined under a rigorous
performance management system. The lowest rate of the range
shall not be less than the minimum rate of basic pay payable
under section 5376, and the highest rate, for any position
under this system or an equivalent system as determined by
the President's Pay Agent designated under section 5304(d),
shall not exceed the rate for level III of the Executive
Schedule. The payment of the rates shall not be subject to
the pay limitation of section 5306(e) or 5373.
``(b) Notwithstanding the provisions of subsection (a), the
applicable maximum shall be level II of the Executive
Schedule for any agency that is certified under section 5307
as having a performance appraisal system which, as designed
and applied, makes meaningful distinctions based on relative
performance.
``(c) No employee may suffer a reduction in pay by reason
of transfer from an agency with an applicable maximum rate of
pay prescribed under subsection (b) to an agency with an
applicable maximum rate of pay prescribed under subsection
(a).''; and
(3) in section 5383--
(A) in subsection (a) by striking ``which of the rates
established under section 5382 of this title'' and inserting
``which of the rates within a range established under section
5382''; and
(B) in subsection (c) by striking ``for any pay adjustment
under section 5382 of this title'' and inserting ``as
provided in regulations prescribed by the Office under
section 5385''.
(b) Post-Employment Restrictions.--(1) Clause (ii) of
section 207(c)(2)(A) of title 18, United States Code is
amended to read as follows:
``(ii) employed in a position which is not referred to in
clause (i) and for which that person is paid at a rate of
basic pay which is equal to or greater than 96 percent of the
rate of basic pay for level II of the Executive Schedule, or,
for a period of 2 years following the enactment of the
Federal Employees Pay for Performance Act of 2003, a person
who, on the day prior to the enactment of that Act, was
employed in a position which is not referred to in clause (i)
and for which the rate of basic pay, exclusive of any
locality-based pay adjustment under section 5304 or section
5304a of title 5, was equal to or greater than the rate of
basic pay payable for level 5 of the Senior Executive Service
on the day prior to the enactment of that Act,''.
(2) Subchapter I of chapter 73 of title 5, United States
Code, is amended by inserting at the end the following new
section:
``Sec. 7302. Post-employment notification
``(a) Not later than the effective date of the amendments
made by sections 3 and 4 of the Federal Employees Pay for
Performance Act of 2003, or 180 days after the date of
enactment of that Act, whichever is later, the Office of
Personnel Management shall, in consultation with the Attorney
General and the Office of Government Ethics, promulgate
regulations requiring that each Executive branch agency
notify any employee of that agency who is subject to the
provisions of section 207(c)(1) of title 18, as a result of
the amendment to section 207(c)(2)(A)(ii) of that title by
that Act.
``(b) The regulations shall require that notice be given
before, or as part of, the action that affects the employee's
coverage under section 207(c)(1) of title 18, by virtue of
the provisions of section 207(c)(2)(A)(ii) of that title, and
again when employment or service in the covered position is
terminated.''.
(c) The table of sections for chapter 73 of title 5, United
States Code, is amended by adding after the item relating to
section 7301 the following:
``7302. Post-employment notification.''.
(c) Effective Date and Applicability.--(1) The amendments
made by this section shall take effect on the first day of
the first pay period beginning on or after the first January
1 following the date of enactment of this section.
(2) The amendments made by subsection (a) may not result in
a reduction in the rate of basic pay for any senior executive
during the first year after the effective date of those
amendments.
(3) For the purposes of subsection (c)(2), the rate of
basic pay for a senior executive shall be deemed to be the
rate of basic pay set for the senior executive under section
5383 of title 5, United States Code, plus applicable locality
pay paid to that senior executive, as of the date of
enactment of this Act.
SEC. 1107. DESIGN ELEMENTS OF PAY-FOR-PERFORMANCE SYSTEMS IN
DEMONSTRATION PROJECTS.
A pay-for-performance system may not be initiated under
chapter 47 of title 5, United States Code, after the date of
enactment of this Act, unless it incorporates the following
elements:
(1) adherence to merit principles set forth in section 2301
of such title;
(2) a fair, credible, and transparent employee performance
appraisal system;
(3) a link between elements of the pay-for-performance
system, the employee performance appraisal system, and the
agency's strategic plan;
(4) a means for ensuring employee involvement in the design
and implementation of the system;
(5) adequate training and retraining for supervisors,
managers, and employees in the implementation and operation
of the pay-for-performance system;
(6) a process for ensuring ongoing performance feedback and
dialogue between supervisors, managers, and employees
throughout the appraisal period, and setting timetables for
review;
(7) effective safeguards to ensure that the management of
the system is fair and equitable and based on employee
performance; and
(8) a means for ensuring that adequate agency resources are
allocated for the design, implementation, and administration
of the pay-for-performance system.
SEC. 1108. FEDERAL FLEXIBLE BENEFITS PLAN ADMINISTRATIVE
COSTS.
(a) In General.--Notwithstanding any other provision of
law, an agency or other employing entity of the Government
which provides or plans to provide a flexible spending
account option for its employees shall not impose any fee
with respect to any of its employees in order to defray the
administrative costs associated therewith.
(b) Offset of Administrative Costs.--Each such agency or
employing entity that offers a flexible spending account
option under a program established or administered by the
Office of Personnel Management shall periodically forward to
such Office, or entity designated by such Office, the amount
necessary to offset the administrative costs of such program
which are attributable to such agency.
(c) Reports.--(1) The Office shall submit a report to the
Committee on Government Reform of the House of
Representatives and the Committee on Governmental Affairs of
the Senate no later than March 31, 2004, specifying the
administrative costs associated with the Governmentwide
program (referred to in subsection (b)) for fiscal year 2003,
as well as the projected administrative costs of such program
for each of the 5 fiscal years thereafter.
(2) At the end of each of the first 3 calendar years in
which an agency or other employing entity offers a flexible
spending account option under this section, such agency or
entity shall submit a report to the Office of Management and
Budget showing the amount of its employment tax savings in
such year which are attributable to such option, net of
administrative fees paid under section (b).
SEC. 1109. CLARIFICATION TO HATCH ACT; LIMITATION ON
DISCLOSURE OF CERTAIN RECORDS.
(a) Clarification to Hatch Act.--No Federal employee or
individual who voluntarily separates from the civil service
(including by transferring to an international organization
in the circumstances described in section 3582(a) of title 5,
United States Code) shall be subject to enforcement of the
provisions of section 7326 of such title (including any loss
of rights under subchapter IV of chapter 35 of such title
resulting from any proceeding under such section 7326),
except that this subsection shall not apply in the event that
such employee or individual subsequently becomes reemployed
in the civil service. The preceding sentence shall apply to
any complaint which is filed with or pending before the Merit
Systems Protection Board after the date of the enactment of
this Act.
(b) Limitation on Disclosure of Certain Records.--
Notwithstanding any other provision of law, rule, or
regulation, nothing described in paragraph (2) or (3) of use
``q'' of the proposed revisions published in the Federal
Register on July 12, 2001 (66 Fed. Reg. 36613) shall be
considered to constitute a routine use of records maintained
by the Office of Special Counsel.
(c) Definitions.--For purposes of this section--
(1) the term ``Federal employee or individual'' means any
employee or individual, as referred to in section 7326 of
title 5, United States Code;
(2) the term ``civil service'' has the meaning given such
term by section 2101 of title 5, United States Code;
(3) the term ``international organization'' has the meaning
given such term by section 3581 of title 5, United States
Code; and
(4) the terms ``routine use'' and ``record'' have the
respective meanings given such terms under section 552a(a) of
title 5, United States Code.
SEC. 1110. EMPLOYEE SURVEYS.
(a) In General.--Each agency shall conduct an annual survey
of its employees (including survey questions unique to the
agency and questions prescribed under subsection (b)) to
assess--
(1) leadership and management practices that contribute to
agency performance; and
(2) employee satisfaction with--
(A) leadership policies and practices;
(B) work environment;
(C) rewards and recognition for professional accomplishment
and personal contributions to achieving organizational
mission;
[[Page H4460]]
(D) opportunity for professional development and growth;
and
(E) opportunity to contribute to achieving organizational
mission.
(b) Regulations.--The Office of Personnel Management shall
issue regulations prescribing survey questions that should
appear on all agency surveys under subsection (a) in order to
allow a comparison across agencies.
(c) Availability of Results.--The results of the agency
surveys under subsection (a) shall be made available to the
public and posted on the website of the agency involved,
unless the head of such agency determines that doing so would
jeopardize or negatively impact national security.
(d) Agency defined.--For purposes of this section, the term
``agency'' means an Executive agency (as defined by section
105 of title 5, United States Code).
Subtitle B--Department of Defense National Security Personnel System
SEC. 1111. DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL
SYSTEM.
(a) In General.--(1) Subpart I of part III of title 5,
United States Code, is amended by adding at the end the
following new chapter:
``CHAPTER 99--DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM
``Sec.
``9901. Definitions.
``9902. Establishment of human resources management system.
``9903. Attracting highly qualified experts.
``9904. Employment of older Americans.
``9905. Special pay and benefits for certain employees outside the
United States.
``Sec. 9901. Definitions
``For purposes of this chapter--
``(1) the term `Director' means the Director of the Office
of Personnel Management; and
``(2) the term `Secretary' means the Secretary of Defense.
``Sec. 9902. Establishment of human resources management
system
``(a) In General.--Notwithstanding any other provision of
this part, the Secretary may, in regulations prescribed
jointly with the Director, establish, and from time to time
adjust, a human resources management system for some or all
of the organizational or functional units of the Department
of Defense. If the Secretary certifies that issuance or
adjustment of a regulation, or the inclusion, exclusion, or
modification of a particular provision therein, is essential
to the national security, the Secretary may, subject to the
decision of the President, waive the requirement in the
preceding sentence that the regulation or adjustment be
issued jointly with the Director.
``(b) System Requirements.--Any system established under
subsection (a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and fitness
set forth in section 2301, including the principles of hiring
based on merit, fair treatment without regard to political
affiliation or other nonmerit considerations, equal pay
for equal work, and protection of employees against
reprisal for whistleblowing;
``(B) any provision of section 2302, relating to prohibited
personnel practices;
``(C)(i) any provision of law referred to in section
2302(b)(1), (8), and (9); or
``(ii) any provision of law implementing any provision of
law referred to in section 2302(b)(1), (8), and (9) by--
``(I) providing for equal employment opportunity through
affirmative action; or
``(II) providing any right or remedy available to any
employee or applicant for employment in the public service;
``(D) any other provision of this part (as described in
subsection (c)); or
``(E) any rule or regulation prescribed under any provision
of law referred to in this paragraph;
``(4) ensure that employees may organize, bargain
collectively as provided for in this chapter, and participate
through labor organizations of their own choosing in
decisions which affect them, subject to the provisions of
this chapter and any exclusion from coverage or limitation on
negotiability established pursuant to law;
``(5) not be limited by any specific law or authority under
this title that is waivable under this chapter or by any
provision of this chapter or any rule or regulation
prescribed under this title that is waivable under this
chapter, except as specifically provided for in this section;
and
``(6) include a performance management system that
incorporates the following elements:
``(A) adherence to merit principles set forth in section
2301;
``(B) a fair, credible, and transparent employee
performance appraisal system;
``(C) a link between the performance management system and
the agency's strategic plan;
``(D) a means for ensuring employee involvement in the
design and implementation of the system;
``(E) adequate training and retraining for supervisors,
managers, and employees in the implementation and operation
of the performance management system;
``(F) a process for ensuring ongoing performance feedback
and dialogue between supervisors, managers, and employees
throughout the appraisal period, and setting timetables for
review;
``(G) effective safeguards to ensure that the management of
the system is fair and equitable and based on employee
performance; and
``(H) a means for ensuring that adequate agency resources
are allocated for the design, implementation, and
administration of the performance management system.
``(c) Other Nonwaivable Provisions.--The other provisions
of this part referred to in subsection (b)(3)(D) are (to the
extent not otherwise specified in this title)--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55 (except subchapter V
thereof), 57, 59, 72, 73, and 79, and this chapter.
``(d) Limitations Relating to Pay.--(1) Nothing in this
section shall constitute authority to modify the pay of any
employee who serves in an Executive Schedule position under
subchapter II of chapter 53 of this title.
``(2) Except as provided for in paragraph (1), the total
amount in a calendar year of allowances, differentials,
bonuses, awards, or other similar cash payments paid under
this title to any employee who is paid under section 5376 or
5383 of this title or under title 10 or under other
comparable pay authority established for payment of
Department of Defense senior executive or equivalent
employees may not exceed the total annual compensation
payable to the Vice President under section 104 of title 3.
``(3) To the maximum extent practicable, the rates of
compensation for civilian employees at the Department of
Defense shall be adjusted at the same rate, and in the same
proportion, as are rates of compensation for members of the
uniformed services.
``(e) Provisions To Ensure Collaboration With Employee
Representatives.--(1) In order to ensure that the authority
of this section is exercised in collaboration with, and in a
manner that ensures the participation of, employee
representatives in the planning, development, and
implementation of any human resources management system or
adjustments to such system under this section, the Secretary
and the Director shall provide for the following:
``(A) The Secretary and the Director shall, with respect to
any proposed system or adjustment--
``(i) provide to the employee representatives representing
any employees who might be affected a written description of
the proposed system or adjustment (including the reasons why
it is considered necessary);
``(ii) give such representatives at least 30 calendar days
(unless extraordinary circumstances require earlier action)
to review and make recommendations with respect to the
proposal; and
``(iii) give any recommendations received from such
representatives under clause (ii) full and fair consideration
in deciding whether or how to proceed with the proposal.
``(B) Following receipt of recommendations, if any, from
such employee representatives with respect to a proposal
described in subparagraph (A), the Secretary and the Director
shall accept such modifications to the proposal in response
to the recommendations as they determine advisable and shall,
with respect to any parts of the proposal as to which they
have not accepted the recommendations--
``(i) notify Congress of those parts of the proposal,
together with the recommendations of the employee
representatives;
``(ii) meet and confer for not less than 30 calendar days
with the employee representatives, in order to attempt to
reach agreement on whether or how to proceed with those parts
of the proposal; and
``(iii) at the Secretary's option, or if requested by a
majority of the employee representatives participating, use
the services of the Federal Mediation and Conciliation
Service during such meet and confer period to facilitate the
process of attempting to reach agreement.
``(C)(i) Any part of the proposal as to which the
representatives do not make a recommendation, or as to which
the recommendations are accepted by the Secretary and the
Director, may be implemented immediately.
``(ii) With respect to any parts of the proposal as to
which recommendations have been made but not accepted by the
Secretary and the Director, at any time after 30 calendar
days have elapsed since the initiation of the congressional
notification, consultation, and mediation procedures set
forth in subparagraph (B), if the Secretary, in his
discretion, determines that further consultation and
mediation is unlikely to produce agreement, the Secretary may
implement any or all of such parts (including any
modifications made in response to the recommendations as the
Secretary determines advisable), but only after 30 days have
elapsed after notifying Congress of the decision to implement
the part or parts involved (as so modified, if applicable).
``(iii) The Secretary shall notify Congress promptly of the
implementation of any part of the proposal and shall furnish
with such notice an explanation of the proposal, any changes
made to the proposal as a result of recommendations from the
employee representatives, and of the reasons why
implementation is appropriate under this subparagraph.
``(D) If a proposal described in subparagraph (A) is
implemented, the Secretary and the Director shall--
``(i) develop a method for the employee representatives to
participate in any further planning or development which
might become necessary; and
``(ii) give the employee representatives adequate access to
information to make that participation productive.
``(2) The Secretary may, at the Secretary's discretion,
engage in any and all collaboration activities described in
this subsection at an organizational level above the level of
exclusive recognition.
``(3) In the case of any employees who are not within a
unit with respect to which a labor organization is accorded
exclusive recognition, the Secretary and the Director may
develop procedures for representation by any appropriate
organization which represents a substantial percentage of
those employees or, if none, in such other manner as may be
appropriate, consistent with the purposes of this subsection.
[[Page H4461]]
``(f) Provisions Regarding National Level Bargaining.--(1)
Any human resources management system implemented or modified
under this chapter may include employees of the Department of
Defense from any bargaining unit with respect to which a
labor organization has been accorded exclusive recognition
under chapter 71 of this title.
``(2) For any bargaining unit so included under paragraph
(1), the Secretary may bargain at an organizational level
above the level of exclusive recognition. Any such bargaining
shall--
``(A) be binding on all subordinate bargaining units at the
level of recognition and their exclusive representatives, and
the Department of Defense and its subcomponents, without
regard to levels of recognition;
``(B) supersede all other collective bargaining agreements,
including collective bargaining agreements negotiated with an
exclusive representative at the level of recognition, except
as otherwise determined by the Secretary;
``(C) not be subject to further negotiations for any
purpose, including bargaining at the level of recognition,
except as provided for by the Secretary; and
``(D) except as otherwise specified in this chapter, not be
subject to review or to statutory third-party dispute
resolution procedures outside the Department of Defense.
``(3) The National Guard Bureau and the Army and Air Force
National Guard are excluded from coverage under this
subsection.
``(4) Any bargaining completed pursuant to this subsection
with a labor organization not otherwise having national
consultation rights with the Department of Defense or its
subcomponents shall not create any obligation on the
Department of Defense or its subcomponents to confer national
consultation rights on such a labor organization.
``(g) Provisions Relating to Appellate Procedures.--(1) The
Secretary shall--
``(A) establish an appeals process that provides that
employees of the Department of Defense are entitled to fair
treatment in any appeals that they bring in decisions
relating to their employment; and
``(B) in prescribing regulations for any such appeals
process--
``(i) ensure that employees of the Department of Defense
are afforded the protections of due process; and
``(ii) toward that end, be required to consult with the
Merit Systems Protection Board before issuing any such
regulations.
``(2) Any regulations establishing the appeals process
required by paragraph (1) that relate to any matters within
the purview of chapter 77 shall--
``(A) provide for an independent review panel, appointed by
the President, which shall not include the Secretary or the
Deputy Secretary of Defense or any of their subordinates;
``(B) be issued only after--
``(i) notification to the appropriate committees of
Congress; and
``(ii) consultation with the Merit Systems Protection Board
and the Equal Employment Opportunity Commission;
``(C) ensure the availability of procedures that--
``(i) are consistent with requirements of due process; and
``(ii) provide, to the maximum extent practicable, for the
expeditious handling of any matters involving the Department
of Defense; and
``(D) modify procedures under chapter 77 only insofar as
such modifications are designed to further the fair,
efficient, and expeditious resolution of matters involving
the employees of the Department of Defense.
``(h) Provisions Related to Separation and Retirement
Incentives.--(1) The Secretary may establish a program within
the Department of Defense under which employees may be
eligible for early retirement, offered separation incentive
pay to separate from service voluntarily, or both. This
authority may be used to reduce the number of personnel
employed by the Department of Defense or to restructure the
workforce to meet mission objectives without reducing the
overall number of personnel. This authority is in addition
to, and notwithstanding, any other authorities established by
law or regulation for such programs.
``(2) For purposes of this section, the term `employee'
means an employee of the Department of Defense, serving under
an appointment without time limitation, except that such term
does not include--
``(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of this title, or another retirement
system for employees of the Federal Government;
``(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability
retirement under any of the retirement systems referred to in
paragraph (1); or
``(C) for purposes of eligibility for separation incentives
under this section, an employee who is in receipt of a
decision notice of involuntary separation for misconduct or
unacceptable performance.
``(3) An employee who is at least 50 years of age and has
completed 20 years of service, or has at least 25 years of
service, may, pursuant to regulations promulgated under this
section, apply and be retired from the Department of Defense
and receive benefits in accordance with chapter 83 or 84 if
the employee has been employed continuously within the
Department of Defense for more than 30 days before the date
on which the determination to conduct a reduction or
restructuring within 1 or more Department of Defense
components is approved pursuant to the program established
under subsection (a).
``(4)(A) Separation pay shall be paid in a lump sum or in
installments and shall be equal to the lesser of--
``(i) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of this title, if
the employee were entitled to payment under such section; or
``(ii) $25,000.
``(B) Separation pay shall not be a basis for payment, and
shall not be included in the computation, of any other type
of Government benefit. Separation pay shall not be taken into
account for the purpose of determining the amount of any
severance pay to which an individual may be entitled under
section 5595 of this title, based on any other separation.
``(C) Separation pay, if paid in installments, shall cease
to be paid upon the recipient's acceptance of employment by
the Federal Government, or commencement of work under a
personal services contract as described in paragraph (5).
``(5)(A) An employee who receives separation pay under such
program may not be reemployed by the Department of Defense
for a 12-month period beginning on the effective date of the
employee's separation, unless this prohibition is waived by
the Secretary on a case-by-case basis.
``(B) An employee who receives separation pay under this
section on the basis of a separation occurring on or after
the date of the enactment of the Federal Workforce
Restructuring Act of 1994 (Public Law 103-236; 108 Stat. 111)
and accepts employment with the Government of the United
States, or who commences work through a personal services
contract with the United States within 5 years after the date
of the separation on which payment of the separation pay is
based, shall be required to repay the entire amount of the
separation pay to the Department of Defense. If the
employment is with an Executive agency (as defined by section
105 of this title) other than the Department of Defense, the
Director may, at the request of the head of that agency,
waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant
available for the position. If the employment is within the
Department of Defense, the Secretary may waive the repayment
if the individual involved is the only qualified applicant
available for the position. If the employment is with an
entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position. If the
employment is with the judicial branch, the Director of the
Administrative Office of the United States Courts may waive
the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for
the position.
``(6) Under this program, early retirement and separation
pay may be offered only pursuant to regulations established
by the Secretary, subject to such limitations or conditions
as the Secretary may require.
``(i) Provisions Relating to Reemployment.--If annuitant
receiving an annuity from the Civil Service Retirement and
Disability Fund becomes employed in a position within the
Department of Defense, his annuity shall continue. An
annuitant so reemployed shall not be considered an employee
for purposes of chapter 83 or 84.
``(j) Additional Provisions Relating to Personnel
Management.--Notwithstanding subsection (c), the Secretary
may exercise authorities that would otherwise be available to
the Secretary under paragraphs (1), (3), and (8) of section
4703(a) of this title.
``Sec. 9903. Attracting highly qualified experts
``(a) In General.--The Secretary may carry out a program
using the authority provided in subsection (b) in order to
attract highly qualified experts in needed occupations, as
determined by the Secretary.
``(b) Authority.--Under the program, the Secretary may--
``(1) appoint personnel from outside the civil service and
uniformed services (as such terms are defined in section 2101
of this title) to positions in the Department of Defense
without regard to any provision of this title governing the
appointment of employees to positions in the Department of
Defense;
``(2) prescribe the rates of basic pay for positions to
which employees are appointed under paragraph (1) at rates
not in excess of the maximum rate of basic pay authorized for
senior-level positions under section 5376 of this title, as
increased by locality-based comparability payments under
section 5304 of this title, notwithstanding any provision of
this title governing the rates of pay or classification of
employees in the executive branch; and
``(3) pay any employee appointed under paragraph (1)
payments in addition to basic pay within the limits
applicable to the employee under subsection (d).
``(c) Limitation on Term of Appointment.--(1) Except as
provided in paragraph (2), the service of an employee under
an appointment made pursuant to this section may not exceed 5
years.
``(2) The Secretary may, in the case of a particular
employee, extend the period to which service is limited under
paragraph (1) by up to 1 additional year if the Secretary
determines that such action is necessary to promote the
Department of Defense's national security missions.
``(d) Limitations on Additional Payments.--(1) The total
amount of the additional payments paid to an employee under
this section for any 12-month period may not exceed the
lesser of the following amounts:
``(A) $50,000 in fiscal year 2004, which may be adjusted
annually thereafter by the Secretary, with a percentage
increase equal to one-half of 1 percentage point less than
the percentage by which the Employment Cost Index, published
quarterly by the Bureau of Labor Statistics, for the base
quarter of the year before the preceding
[[Page H4462]]
calendar year exceeds the Employment Cost Index for the base
quarter of the second year before the preceding calendar
year.
``(B) The amount equal to 50 percent of the employee's
annual rate of basic pay.
For purposes of this paragraph, the term `base quarter' has
the meaning given such term by section 5302(3).
``(2) An employee appointed under this section is not
eligible for any bonus, monetary award, or other monetary
incentive for service except for payments authorized under
this section.
``(3) Notwithstanding any other provision of this
subsection or of section 5307, no additional payments may be
paid to an employee under this section in any calendar year
if, or to the extent that, the employee's total annual
compensation will exceed the maximum amount of total annual
compensation payable at the salary set in accordance with
section 104 of title 3.
``(e) Savings Provisions.--In the event that the Secretary
terminates this program, in the case of an employee who, on
the day before the termination of the program, is serving in
a position pursuant to an appointment under this section--
``(1) the termination of the program does not terminate the
employee's employment in that position before the expiration
of the lesser of--
``(A) the period for which the employee was appointed; or
``(B) the period to which the employee's service is limited
under subsection (c), including any extension made under this
section before the termination of the program; and
``(2) the rate of basic pay prescribed for the position
under this section may not be reduced as long as the employee
continues to serve in the position without a break in
service.
``Sec. 9904. Employment of older Americans
``(a) In General.--Notwithstanding any other provision of
law, the Secretary may appoint older Americans into positions
in the excepted service for a period not to exceed 2 years,
provided that--
``(1) any such appointment shall not result in--
``(A) the displacement of individuals currently employed by
the Department of Defense (including partial displacement
through reduction of nonovertime hours, wages, or employment
benefits); or
``(B) the employment of any individual when any other
person is in a reduction-in-force status from the same or
substantially equivalent job within the Department of
Defense; and
``(2) the individual to be appointed is otherwise qualified
for the position, as determined by the Secretary.
``(b) Effect on Existing Retirement Benefits.--
Notwithstanding any other provision of law, an individual
appointed pursuant to subsection (a) who otherwise is
receiving an annuity, pension, retired pay, or other similar
payment shall not have the amount of said annuity, pension,
or other similar payment reduced as a result of such
employment.
``(c) Extension of Appointment.--Notwithstanding subsection
(a), the Secretary may extend an appointment made pursuant to
this section for up to an additional 2 years if the
individual employee possesses unique knowledge or abilities
that are not otherwise available to the Department of
Defense.
``(d) Definition.--For purposes of this section, the term
`older American' means any citizen of the United States who
is at least 55 years of age.
``Sec. 9905. Special pay and benefits for certain employees
outside the United States
``The Secretary may provide to certain civilian employees
of the Department of Defense assigned to activities outside
the United States as determined by the Secretary to be in
support of Department of Defense activities abroad hazardous
to life or health or so specialized because of security
requirements as to be clearly distinguishable from normal
Government employment--
``(1) allowances and benefits--
``(A) comparable to those provided by the Secretary of
State to members of the Foreign Service under chapter 9 of
title I of the Foreign Service Act of 1980 (Public Law 96-
465, 22 U.S.C. 4081 et seq.) or any other provision of law;
or
``(B) comparable to those provided by the Director of
Central Intelligence to personnel of the Central Intelligence
Agency; and
``(2) special retirement accrual benefits and disability in
the same manner provided for by the Central Intelligence
Agency Retirement Act (50 U.S.C. 2001 et seq.) and in section
18 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403r).''.
(2) The table of chapters for part III of such title is
amended by adding at the end of subpart I the following new
item:
``99. Department of Defense National Security Personnel System..9901''.
(b) Impact on Department of Defense Civilian Personnel.--
(1) Any exercise of authority under chapter 99 of such title
(as added by subsection (a)), including under any system
established under such chapter, shall be in conformance with
the requirements of this subsection.
(2) No other provision of this Act or of any amendment made
by this Act may be construed or applied in a manner so as to
limit, supersede, or otherwise affect the provisions of this
section, except to the extent that it does so by specific
reference to this section.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SEC. 1201. EXPANSION OF AUTHORITY TO PROVIDE ADMINISTRATIVE
SUPPORT AND SERVICES AND TRAVEL AND SUBSISTENCE
EXPENSES FOR CERTAIN FOREIGN LIAISON OFFICERS.
(a) Administrative Support and Services.--Subsection (a) of
section 1051a of title 10, United States Code, is amended--
(1) by striking ``involved in a coalition with the United
States'';
(2) by striking ``temporarily''; and
(3) by striking `` in connection with the planning for, or
conduct of, a coalition operation''.
(b) Travel, Subsistence, and Other Expenses.--Subsection
(b) of such section is amended--
(1) by striking ``(1)'';
(2) by striking ``expenses specified in paragraph (2)'' and
inserting ``travel, subsistence, and similar personal
expenses'';
(3) by striking ``developing country'' and inserting
``developing nation'';
(4) by striking ``in connection with the assignment of that
officer to the headquarters of a combatant command as
described in subsection (a)'' and inserting ``involved in a
coalition while the liaison officer is assigned temporarily
to a headquarters described in subsection (a) in connection
with the planning for, or conduct of, a coalition
operation''; and
(5) by striking paragraph (2).
(c) Reimbursement.--Subsection (c) of such section is
amended by striking ``by'' before ``subsection (a)'' and
inserting ``under''.
(d) Clerical Amendments.--(1) The heading for section 1051a
of such title is amended to read as follows:
``Sec. 1051a. Foreign officers: administrative services and
support; travel, subsistence, and other personal
expenses''.
(2) The subsection heading for subsection (a) is amended by
striking ``Authority'' and inserting ``Administrative
Services and Support''.
(3) The item relating to such section in the table of
sections at the beginning of chapter 53 of each title is
amended to read as follows:
``1051a. Foreign officers: administrative services and support; travel,
subsistence, and other personal expenses.''.
SEC. 1202. RECOGNITION OF SUPERIOR NONCOMBAT ACHIEVEMENTS OR
PERFORMANCE BY MEMBERS OF FRIENDLY FOREIGN
FORCES AND OTHER FOREIGN NATIONALS.
(a) Authority.--Chapter 53 of title 10, United States Code,
is amended by inserting after section 1051a the following new
section:
``Sec. 1051b. Bilateral or regional cooperation programs:
awards and mementos funds to recognize superior noncombat
achievements or performance
``(a) General Authority.--The Secretary of Defense may
present awards and mementos purchased with funds appropriated
for operation and maintenance of the armed forces to
recognize superior noncombat achievements or performance by
members of friendly foreign forces and other foreign
nationals that significantly enhance or support the National
Security Strategy of the United States.
``(b) Activities That May Be Recognized.--Activities that
may be recognized under subsection (a) include superior
achievement or performance that--
``(1) plays a crucial role in shaping the international
security environment in ways that protect and promote United
States interests;
``(2) supports or enhances United States overseas presence
and peacetime engagement activities, including defense
cooperation initiatives, security assistance training and
programs, and training and exercises with the armed forces;
``(3) helps to deter aggression and coercion, build
coalitions, and promote regional stability; or
``(4) serves as a role model for appropriate conduct by
military forces in emerging democracies.
``(c) Limitation.--Expenditures for the purchase or
production of mementos for award under this section may not
exceed the `minimal value' established in accordance with
section 7342(a)(5) of title 5.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1051a the following new item:
``1051b. Bilateral or regional cooperation programs: awards and
mementos to recognize superior noncombat achievements or
performance.''.
SEC. 1203. EXPANSION OF AUTHORITY TO WAIVE CHARGES FOR COSTS
OF ATTENDANCE AT GEORGE C. MARSHALL EUROPEAN
CENTER FOR SECURITY STUDIES.
Section 1306(b)(1) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892)
is amended by striking ``of cooperation partner states of the
North Atlantic Council or the Partnership for Peace'' and
inserting ``from states located in Europe or the territory of
the former Soviet Union''.
SEC. 1204. IDENTIFICATION OF GOODS AND TECHNOLOGIES CRITICAL
FOR MILITARY SUPERIORITY.
(a) In General.--(1) Subchapter II of chapter 148 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2508. Goods and technologies critical for military
superiority: list
``(a) Requirement to Maintain List.--(1) The Secretary of
Defense shall maintain a list of any goods or technology
that, if obtained by a potential adversary, could undermine
the military superiority or qualitative military advantage of
the United States over potential adversaries.
``(2) In this section, the term `goods or technology'
means--
``(A) any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment; and
``(B) any information and know-how (whether in tangible
form, such as models, prototypes,
[[Page H4463]]
drawings, sketches, diagrams, blueprints, or manuals, or in
intangible form, such as training or technical services) that
can be used to design, produce, manufacture, utilize, or
reconstruct goods, including computer software and technical
data.
``(b) Matters to be Included on List.--The Secretary shall
include on the list the following:
``(1) Any technology or developing critical technology
(including conventional weapons, weapons of mass destruction,
and delivery systems) that could enhance a potential
adversary's military capabilities or that is critical to the
United States maintaining its military superiority and
qualitative military advantage.
``(2) Any dual-use good, material, or know-how that could
enhance a potential adversary's military capabilities or that
is critical to the United States maintaining its military
superiority and qualitative military advantage, including
those used to manufacture weapons of mass destruction and
their associated delivery systems.
``(c) Requirements.--The Secretary shall ensure that--
``(1) the list is subject to a systematic, ongoing
assessment and analysis of dual-use technologies; and
``(2) the list is updated not less often than every two
months.
``(d) Availability.--The list shall be made available--
``(1) in unclassified form on the Department of Defense
public website, in a usable form; and
``(2) in classified form to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives.''.
(2) The table of sections at the beginning of such
subchapter is amended by adding at the end the following new
item:
``2508. Goods and technologies critical for military superiority:
list.''.
(b) Deadline for Establishment.--The list required by
section 2508 of title 10, United States Code, as added by
subsection (a), shall be established not later than 180 days
after the enactment of this Act.
SEC. 1205. REPORT ON ACQUISITION BY IRAQ OF ADVANCED WEAPONS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services and Foreign Relations of
the Senate and the Committees on Armed Services and
International Relations of the House of Representatives a
report on the acquisition by Iraq of weapons of mass
destruction and associated delivery systems and the
acquisition by Iraq of advanced conventional weapons.
(b) Matters To Be Included.--The report shall include the
following:
(1) A description of how Iraq was able to obtain any
materials, technology, and know-how for its nuclear,
chemical, biological, ballistic missile, and unmanned aerial
vehicle programs, and advanced conventional weapons programs,
from 1979 through April 2003 from entities (including Iraqi
citizens) outside of Iraq.
(2) An assessment of the degree to which United States,
foreign, and multilateral export control regimes prevented
acquisition by Iraq of weapons of mass destruction-related
technology and materials and advanced conventional weapons
and delivery systems since the commencement of international
inspections in Iraq.
(3) An assessment of the effectiveness of United Nations
sanctions at halting the flow of militarily-useful contraband
to Iraq from 1991 until the end of Operation Iraqi Freedom.
(4) An assessment of how Iraq was able to evade
International Atomic Energy Agency and United Nations
inspections regarding chemical, nuclear, biological, and
missile weapons and related capabilities.
(5) Identification and a catalogue of the entities and
countries that transferred militarily useful contraband to
Iraq between 1991 and the end of Operation Iraqi Freedom, and
the nature of that contraband.
(c) Form of Report.--The report shall be submitted in
unclassified form with a classified annex, if necessary.
SEC. 1206. AUTHORITY FOR CHECK CASHING AND CURRENCY EXCHANGE
SERVICES TO BE PROVIDED TO FOREIGN MILITARY
MEMBERS PARTICIPATING IN CERTAIN ACTIVITIES
WITH UNITED STATES FORCES.
(a) Authority.--Subsection (b) of section 3342 of title 31,
United States Code, is amended by adding at the end the
following new paragraph:
``(8) A member of the military forces of an allied or
coalition nation who is participating in a joint operation,
joint exercise, humanitarian mission, or peacekeeping mission
with the Armed Forces of the United States, but--
``(A) only if--
``(i) such disbursing official action for members of the
military forces of that nation is approved by the senior
United States military commander assigned to that operation
or mission; and
``(ii) that nation has guaranteed payment for any
deficiency resulting from such disbursing official action;
and
``(B) in the case of negotiable instruments, only for a
negotiable instrument drawn on a financial institution
located in the United States or on a foreign branch of such
an institution.''.
(b) Technical Amendments.--That subsection is further
amended--
(1) by striking ``only for--'' in the matter preceding
paragraph (1) and inserting ``only for the following:'';
(2) by striking ``an'' at the beginning of paragraph (1)
and inserting ``An'';
(3) by striking ``personnel'' in paragraphs (2) and (6) and
inserting ``Personnel'';
(4) by striking ``a'' at the beginning of paragraphs (3),
(4), (5), and (7) and inserting ``A'';
(5) by striking the semicolon at the end of paragraphs (1)
through (5) and inserting a period;
(6) by striking ``; or'' at the end of paragraph (6) and
inserting a period; and
(7) by striking ``1752(1))'' in paragraph (7) and inserting
``1752(1)))''.
SEC. 1207. REQUIREMENTS FOR TRANSFER TO FOREIGN COUNTRIES OF
CERTAIN SPECIFIED TYPES OF EXCESS AIRCRAFT.
(a) Expansion of Transfer Requirement.--Section 2581 of
title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking ``UH-1 Huey
helicopter or AH-1 Cobra helicopter'' and inserting ``UH-1
Huey aircraft, AH-1 Cobra aircraft, T-2 Buckeye aircraft, or
T-37 Tweet aircraft''; and
(2) by striking ``helicopter'' each subsequent place it
appears in such section and inserting ``aircraft''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 2581. Specified excess aircraft: requirements for
transfer to foreign countries''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 153 of such title is
amended to read as follows:
``2581. Specified excess aircraft: requirements for transfer to foreign
countries.''.
SEC. 1208. LIMITATION ON NUMBER OF UNITED STATES MILITARY
PERSONNEL IN COLOMBIA.
(a) Limitation.--None of the funds available to the
Department of Defense for any fiscal year may be used to
support or maintain more than 500 members of the Armed Forces
on duty in the Republic of Colombia at any time.
(b) Exclusion of Certain Members.--For purposes of
determining compliance with the limitation in subsection (a),
the Secretary of Defense may exclude the following military
personnel:
(1) A member of the Armed Forces in the Republic of
Colombia for the purpose of rescuing or retrieving United
States military or civilian Government personnel, except that
the period for which such a member may be so excluded may not
exceed 30 days unless expressly authorized by law.
(2) A member of the Armed Forces assigned to the United
States Embassy in Colombia as an attache, as a member of the
security assistance office, or as a member of the Marine
Corps security contingent.
(3) A member of the Armed Forces in Colombia to participate
in relief efforts in responding to a natural disaster.
(4) Nonoperational transient military personnel.
(5) A member of the Armed Forces making a port call from a
military vessel in Colombia.
(c) National Security Waiver.--(1) The Secretary of Defense
may waive the limitation in subsection (a) if the Secretary
determines that such waiver is in the national security
interest of the United States.
(2) The Secretary shall notify the congressional defense
committees not later 15 days after the date of the exercise
of the waiver authority under paragraph (1).
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2004 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2004
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $450,800,000
authorized to be appropriated to the Department of Defense
for fiscal year 2004 in section 301(19) for Cooperative
Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$86,400,000.
(2) For strategic nuclear arms elimination in Ukraine,
$3,900,000.
(3) For nuclear weapons transportation security in Russia,
$23,200,000.
(4) For nuclear weapons storage security in Russia,
$48,000,000.
(5) For activities designated as Other Program Support,
$13,100,000.
(6) For defense and military contacts, $11,100,000.
(7) For chemical weapons destruction in Russia,
$171,500,000.
(8) For biological weapons proliferation prevention in the
former Soviet Union, $54,200,000.
(9) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$39,400,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2004 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (9) of subsection
(a) until 30 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the
[[Page H4464]]
funds will be obligated or expended and the amount of funds
to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2004 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2004 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the specific
amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any
of paragraphs (5) through (8) of subsection (a) in excess of
125 percent of the specific amount authorized for such
purpose.
SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL CERTAIN PERMITS
OBTAINED.
(a) Limitation on Use of Funds.--With respect to a new
project or an incomplete project carried out by the
Department of Defense under Cooperative Threat Reduction
programs, not more than 35 percent of the total costs of the
project may be obligated or expended from Cooperative Threat
Reduction funds for any fiscal year until--
(1) the Secretary of Defense determines--
(A) in the case of a new project, the number and type of
permits that may be required for the lifetime of the project
in the proposed location or locations of the project; and
(B) in the case of an incomplete project, the number and
type of permits that may be required for the remaining
lifetime of the project; and
(2) the government of the state of the former Soviet Union
in which the project is being or is proposed to be carried
out obtains and transmits copies of all such permits to the
Department of Defense.
(b) Definitions.--In this section, with respect to a
project under Cooperative Threat Reduction programs:
(1) New project.--The term ``new project'' means a project
for which no funds have been obligated or expended as of the
date of the enactment of this Act.
(2) Incomplete project.--The term ``incomplete project''
means a project for which funds have been obligated or
expended before the date of the enactment of this Act and
which is not completed as of such date.
(3) Permit.--The term ``permit'' means any local or
national permit for development, general construction,
environmental, land use, or other purposes that is required
in the state of the former Soviet Union in which the project
is being or is proposed to be carried out.
SEC. 1304. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL RESEARCH
IN THE FORMER SOVIET UNION.
Of the funds authorized to be appropriated for biological
weapons proliferation prevention pursuant to section 1302, no
funds may be obligated for cooperative biodefense research or
bioattack early warning and preparedness under a Cooperative
Threat Reduction program at a site in a state of the former
Soviet Union until the Secretary of Defense notifies Congress
that--
(1) the Secretary has determined, through access to the
site, that no biological weapons research prohibited by
international law is being conducted at the site;
(2) the Secretary has assessed the vulnerability of the
site to external or internal attempts to exploit or obtain
dangerous pathogens illicitly; and
(3) the Secretary has begun to implement appropriate
security measures at the site to reduce that vulnerability
and to prevent the diversion of dangerous pathogens from
legitimate research.
SEC. 1305. AUTHORITY AND FUNDS FOR NONPROLIFERATION AND
DISARMAMENT.
The Secretary of Defense is authorized to transfer
$50,000,000 in prior year Cooperative Threat Reduction funds
from the Department of Defense to the Department of State
Nonproliferation and Disarmament Fund for disarmament and
nonproliferation purposes outside the territory of the former
Soviet Union.
SEC. 1306. REQUIREMENT FOR ON-SITE MANAGERS.
(a) On-Site Manager Requirement.--Before obligating any
Cooperative Threat Reduction funds for a project described in
subsection (b), the Secretary of Defense shall appoint a
United States Federal Government employee as an on-site
manager.
(b) Projects Covered.--Subsection (a) applies to a
project--
(1) to be located in a state of the former Soviet Union;
(2) which involves dismantlement, destruction, or storage
facilities, or construction of a facility; and
(3) with respect to which the total contribution by the
Department of Defense is expected to exceed $25,000,000.
(c) Duties of On-Site Manager.--The on-site manager
appointed under subsection (a) shall--
(1) develop, in cooperation with representatives from
governments of countries participating in the project, a list
of those steps or activities critical to achieving the
project's disarmament or nonproliferation goals;
(2) establish a schedule for completing those steps or
activities;
(3) meet with all participants to seek assurances that
those steps or activities are being completed on schedule;
and
(4) suspend United States participation in a project when a
non-United States participant fails to complete a scheduled
step or activity on time, unless directed by the Secretary of
Defense to resume United States participation.
(d) Steps or Activities.--Steps or activities referred to
in subsection (c)(1) are those activities that, if not
completed, will prevent a project from achieving its
disarmament or nonproliferation goals, including, at a
minimum, the following:
(1) Identification and acquisition of permits (as defined
in section 1303(b)).
(2) Verification that the items, substances, or
capabilities to be dismantled, secured, or otherwise modified
are available for dismantlement, securing, or modification.
(3) Timely provision of financial, personnel, management,
transportation, and other resources.
(e) Notification to Congress.--In any case in which the
Secretary of Defense directs an on-site manager to resume
United States participation in a project under subsection
(c)(4), the Secretary shall concurrently notify Congress of
such direction.
(f) Effective Date.--This section shall take effect six
months after the date of the enactment of this Act.
SEC. 1307. PROVISIONS RELATING TO FUNDING FOR CHEMICAL
WEAPONS DESTRUCTION FACILITY IN RUSSIA.
(a) Inapplicability of Limitation on Use of Funds.--(1) The
conditions described in section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22
U.S.C. 5952 note) shall not apply to the obligation and
expenditure of funds available for obligation during fiscal
year 2004 for the planning, design, or construction of a
chemical weapons destruction facility in Russia if the
President submits to Congress a written certification that
includes--
(A) a statement as to why waiving the conditions is
important to the national security interests of the United
States;
(B) a full and complete justification for exercising this
waiver; and
(C) a plan to promote a full and accurate disclosure by
Russia regarding the size, content, status, and location of
its chemical weapons stockpile.
(2) The authority under paragraph (1) shall expire on
September 30, 2004.
(b) Availability of Funds.--(1) Except as provided in
paragraph (2), of the funds that may be obligated for a
chemical weapons destruction facility in Russia as specified
in section 1302(a)(7), the Secretary of Defense may not
obligate an amount greater than two times the amount
obligated by Russia and any other state for the planning,
design, construction, or operation of a chemical weapons
destruction facility in Russia.
(2) Of the funds that may be obligated for a chemical
weapons destruction facility in Russia as specified in
section 1302(a)(7), $71,500,000 shall be available for
obligation on and after October 1, 2003.
TITLE XIV--SERVICES ACQUISITION REFORM
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Services Acquisition
Reform Act of 2003''.
SEC. 1402. EXECUTIVE AGENCY DEFINED.
In this title, the term ``executive agency'' has the
meaning given that term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)), unless
specifically stated otherwise.
Subtitle A--Acquisition Workforce and Training
SEC. 1411. DEFINITION OF ACQUISITION.
Section 4 of the Office of Federal Procurement Policy Act
(41 U.S.C. 403) is amended by adding at the end the
following:
``(16) The term `acquisition'--
``(A) means the process of acquiring, with appropriated
funds, by contract for purchase or lease, property or
services (including construction) that support the missions
and goals of an executive agency, from the point at which the
requirements of the executive agency are established in
consultation with the chief acquisition officer of the
executive agency; and
``(B) includes--
``(i) the process of acquiring property or services that
are already in existence, or that must be created, developed,
demonstrated, and evaluated;
``(ii) the description of requirements to satisfy agency
needs;
``(iii) solicitation and selection of sources;
``(iv) award of contracts;
``(v) contract performance;
``(vi) contract financing:
``(vii) management and measurement of contract performance
through final delivery and payment; and
``(viii) technical and management functions directly
related to the process of fulfilling agency requirements by
contract.''.
SEC. 1412. ACQUISITION WORKFORCE TRAINING FUND.
(a) Purposes.--The purposes of this section are to ensure
that the Federal acquisition workforce--
(1) adapts to fundamental changes in the nature of Federal
Government acquisition of property and services associated
with the changing roles of the Federal Government; and
[[Page H4465]]
(2) acquires new skills and a new perspective to enable it
to contribute effectively in the changing environment of the
21st century.
(b) Establishment of Fund.--Section 37 of the Office of
Federal Procurement Policy Act (41 U.S.C. 433) is amended by
adding at the end of subsection (h) the following new
paragraph:
``(3) Acquisition workforce training fund.--(A) The
Administrator of General Services shall establish an
acquisition workforce training fund. The Administrator shall
manage the fund through the Federal Acquisition Institute to
support the training of the acquisition workforce of the
executive agencies other than the Department of Defense. The
Administrator shall consult with the Administrator for
Federal Procurement Policy in managing the fund.
``(B) There shall be credited to the acquisition workforce
training fund 5 percent of the fees collected by executive
agencies (other than the Department of Defense) under the
following contracts:
``(i) Governmentwide task and delivery-order contracts
entered into under sections 303H and 303I of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253h and 253i).
``(ii) Governmentwide contracts for the acquisition of
information technology as defined in section 11101 of title
40, United States Code, and multiagency acquisition contracts
for such technology authorized by section 11314 of such
title.
``(iii) Multiple-award schedule contracts entered into by
the Administrator of General Services.
``(C) The head of an executive agency that administers a
contract described in subparagraph (B) shall remit to the
General Services Administration the amount required to be
credited to the fund with respect to such contract at the end
of each quarter of the fiscal year.
``(D) The Administrator of General Services, through the
Office of Federal Acquisition Policy, shall ensure that funds
collected for training under this section are not used for
any purpose other than the purpose specified in subparagraph
(A).
``(E) Amounts credited to the fund shall be in addition to
funds requested and appropriated for education and training
referred to in paragraph (1).
``(F) Amounts credited to the fund shall remain available
until expended.''.
(c) Exception.--This section and the amendments made by
this section shall not apply to the acquisition workforce of
the Department of Defense.
SEC. 1413. ACQUISITION WORKFORCE RECRUITMENT PROGRAM.
(a) Authority To Carry Out Program.--For purposes of
sections 3304, 5333, and 5753 of title 5, United States Code,
the head of a department or agency of the United States
(including the Secretary of Defense) may determine that
certain Federal acquisition positions are ``shortage
category'' positions in order to recruit and appoint directly
to positions of employment in the department or agency highly
qualified persons, such as any person who--
(1) holds a bachelor's degree from an accredited
institution of higher education;
(2) holds, from an accredited law school or an accredited
institution of higher education--
(A) a law degree; or
(B) a masters or equivalent degree in business
administration, public administration, or systems
engineering; or
(3) has significant experience with commercial acquisition
practices, terms, and conditions.
(b) Requirements.--The exercise of authority to take a
personnel action under this section shall be subject to
policies prescribed by the Office of Personnel Management
that govern direct recruitment, including policies requiring
appointment of a preference eligible who satisfies the
qualification requirements.
(c) Termination of Authority.--The head of a department or
agency may not appoint a person to a position of employment
under this section after September 30, 2007.
(d) Report.--Not later than March 31, 2007, the
Administrator for Federal Procurement Policy shall submit to
Congress a report on the implementation of this section. The
report shall include--
(1) the Administrator's assessment of the efficacy of the
exercise of the authority provided in this section in
attracting employees with unusually high qualifications to
the acquisition workforce; and
(2) any recommendations considered appropriate by the
Administrator on whether the authority to carry out the
program should be extended.
SEC. 1414. ARCHITECTURAL AND ENGINEERING ACQUISITION
WORKFORCE.
The Administrator for Federal Procurement Policy, in
consultation with the Secretary of Defense, the Administrator
of General Services, and the Director of the Office of
Personnel Management, shall develop and implement a plan to
ensure that the Federal Government maintains the necessary
capability with respect to the acquisition of architectural
and engineering services to--
(1) ensure that Federal Government employees have the
expertise to determine agency requirements for such services;
(2) establish priorities and programs (including
acquisition plans);
(3) establish professional standards;
(4) develop scopes of work; and
(5) award and administer contracts for such services.
Subtitle B--Adaptation of Business Acquisition Practices
PART I--ADAPTATION OF BUSINESS MANAGEMENT PRACTICES
SEC. 1421. CHIEF ACQUISITION OFFICERS.
(a) Appointment of Chief Acquisition Officers.--(1) Section
16 of the Office of Federal Procurement Policy Act (41 U.S.C.
414) is amended to read as follows:
``SEC. 16. CHIEF ACQUISITION OFFICERS.
``(a) Establishment of Agency Chief Acquisition Officers.--
The head of each executive agency (other than the Department
of Defense) shall appoint or designate a non-career employee
as Chief Acquisition Officer for the agency, who shall--
``(1) have acquisition management as that official's
primary duty; and
``(2) advise and assist the head of the executive agency
and other agency officials to ensure that the mission of the
executive agency is achieved through the management of the
agency's acquisition activities.
``(b) Authority and Functions of Agency Chief Acquisition
Officers.--The functions of each Chief Acquisition Officer
shall include--
``(1) monitoring the performance of acquisition activities
and acquisition programs of the executive agency, evaluating
the performance of those programs on the basis of applicable
performance measurements, and advising the head of the
executive agency regarding the appropriate business strategy
to achieve the mission of the executive agency;
``(2) increasing the use of full and open competition in
the acquisition of property and services by the executive
agency by establishing policies, procedures, and practices
that ensure that the executive agency receives a sufficient
number of sealed bids or competitive proposals from
responsible sources to fulfill the Government's requirements
(including performance and delivery schedules) at the best
value considering the nature of the property or service
procured;
``(3) making acquisition decisions consistent with all
applicable laws and establishing clear lines of authority,
accountability, and responsibility for acquisition
decisionmaking within the executive agency;
``(4) managing the direction of acquisition policy for the
executive agency, including implementation of the unique
acquisition policies, regulations, and standards of the
executive agency;
``(5) developing and maintaining an acquisition career
management program in the executive agency to ensure that
there is an adequate professional workforce; and
``(6) as part of the strategic planning and performance
evaluation process required under section 306 of title 5,
United States Code, and sections 1105(a)(28), 1115, 1116, and
9703 of title 31, United States Code--
``(A) assessing the requirements established for agency
personnel regarding knowledge and skill in acquisition
resources management and the adequacy of such requirements
for facilitating the achievement of the performance goals
established for acquisition management;
``(B) in order to rectify any deficiency in meeting such
requirements, developing strategies and specific plans for
hiring, training, and professional development; and
``(C) reporting to the head of the executive agency on the
progress made in improving acquisition management
capability.''.
(2) The item relating to section 16 in the table of
contents in section 1(b) of such Act is amended to read as
follows:
``Sec. 16. Chief Acquisition Officers.''.
(b) References to Senior Procurement Executive.--
(1) Amendment to the office of federal policy act.--
(A) Subsections (a)(2)(A) and (b) of section 20 of the
Office of Federal Procurement Policy Act (41 U.S.C.
418(a)(2)(A), (b)) are amended by striking ``senior
procurement executive'' each place it appears and inserting
``Chief Acquisition Officer''.
(B) Subsection (c)(2)(A)(ii) of section 29 of the Office of
Federal Procurement Policy Act (41 U.S.C. 425(c)(2)(A)(ii))
is amended by striking ``senior procurement executive'' and
inserting ``Chief Acquisition Officer''.
(C) Subsection (c) of section 37 of the Office of Federal
Procurement Policy Act (41 U.S.C. 433(c)) is amended--
(i) by striking ``Senior Procurement Executive'' in the
heading and inserting ``Chief Acquisition Officer''; and
(ii) by striking ``senior procurement executive'' each
place it appears and inserting ``Chief Acquisition Officer''.
(2) Amendment to title iii of the federal property and
administrative services act of 1949.--Sections 302C(b) and
303(f)(1)(B)(iii) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 252c, 253) are amended by
striking ``senior procurement executive'' each place it
appears and inserting ``Chief Acquisition Officer''.
(3) Amendment to title 10, united states code.--The
following sections of title 10, United States Code are
amended by striking ``senior procurement executive'' each
place it appears and inserting ``Chief Acquisition Officer'':
(A) Section 133(c)(1).
(B) Subsections (d)(2)(B) and (f)(1) of section 2225.
(C) Section 2302c(b).
(D) Section 2304(f)(1)(B)(iii).
(E) Section 2359a(i).
(4) References.--Any reference to a senior procurement
executive of a department or agency of the United States in
any other provision of law or regulation, document, or record
of the United States shall be deemed to be a reference to the
Chief Acquisition Officer of the department or agency.
(c) Technical Correction.--Section 1115(a) of title 31,
United States Code, is amended by striking ``section
1105(a)(29)'' and inserting ``section 1105(a)(28)''.
SEC. 1422. CHIEF ACQUISITION OFFICERS COUNCIL.
(a) Establishment of Council.--The Office of Federal
Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by
inserting after section 16 the following new section:
[[Page H4466]]
``SEC. 16A. CHIEF ACQUISITION OFFICERS COUNCIL.
``(a) Establishment.--There is established in the executive
branch a Chief Acquisition Officers Council.
``(b) Membership.--The members of the Council shall be as
follows:
``(1) The Deputy Director for Management of the Office of
Management and Budget, who shall act as Chairman of the
Council.
``(2) The Administrator for Federal Procurement Policy.
``(3) The chief acquisition officer of each executive
agency.
``(4) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(5) Any other officer or employee of the United States
designated by the Chairman.
``(c) Leadership; Support.--(1) The Administrator for
Federal Procurement Policy shall lead the activities of the
Council on behalf of the Deputy Director for Management.
``(2)(A) The Vice Chairman of the Council shall be selected
by the Council from among its members.
``(B) The Vice Chairman shall serve a 1-year term, and may
serve multiple terms.
``(3) The Administrator of General Services shall provide
administrative and other support for the Council.
``(d) Principal Forum.--The Council is designated the
principal interagency forum for monitoring and improving the
Federal acquisition system.
``(e) Functions.--The Council shall perform functions that
include the following:
``(1) Develop recommendations for the Director of the
Office of Management and Budget on Federal acquisition
policies and requirements.
``(2) Share experiences, ideas, best practices, and
innovative approaches related to Federal acquisition.
``(3) Assist the Administrator in the identification,
development, and coordination of multiagency projects and
other innovative initiatives to improve Federal acquisition.
``(4) Promote effective business practices that ensure the
timely delivery of best value products to the Federal
Government and achieve appropriate public policy objectives.
``(5) Further integrity, fairness, competition, openness,
and efficiency in the Federal acquisition system.
``(6) Work with the Office of Personnel Management to
assess and address the hiring, training, and professional
development needs of the Federal Government related to
acquisition.
``(7) Work with the Administrator and the Federal
Acquisition Regulatory Council to promote the business
practices referred to in paragraph (4) and other results of
the functions carried out under this subsection.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 16 the following new item:
``Sec. 16A. Chief Acquisition Officers Council.''.
SEC. 1423. STATUTORY AND REGULATORY REVIEW.
(a) Establishment.--Not later than 90 days after the date
of the enactment of this Act, the Administrator for Federal
Procurement Policy shall establish an advisory panel to
review laws and regulations regarding the use of commercial
practices, performance-based contracting, the performance of
acquisition functions across agency lines of responsibility,
and the use of Governmentwide contracts.
(b) Membership.--The panel shall be composed of at least
nine individuals who are recognized experts in acquisition
law and Government acquisition policy. In making appointments
to the panel, the Administrator shall--
(1) consult with the Secretary of Defense, the
Administrator of General Services, the Committees on Armed
Services and Government Reform of the House of
Representatives, and the Committees on Armed Services and
Governmental Affairs of the Senate, and
(2) ensure that the members of the panel reflect the
diverse experiences in the public and private sectors.
(c) Duties.--The panel shall--
(1) review all Federal acquisition laws and regulations
with a view toward ensuring effective and appropriate use of
commercial practices and performance-based contracting; and
(2) make any recommendations for the repeal or amendment of
such laws or regulations that are considered necessary as a
result of such review--
(A) to eliminate any provisions in such laws or regulations
that are unnecessary for the effective, efficient, and fair
award and administration of contracts for the acquisition by
the Federal Government of goods and services;
(B) to ensure the continuing financial and ethical
integrity of acquisitions by the Federal Government; and
(C) to protect the best interests of the Federal
Government.
(d) Report.--Not later than one year after the
establishment of the panel, the panel shall submit to the
Administrator and to the Committees on Armed Services and
Government Reform of the House of Representatives and the
Committees on Armed Services and Governmental Affairs of the
Senate a report containing a detailed statement of the
findings, conclusions, and recommendations of the panel.
PART II--OTHER ACQUISITION IMPROVEMENTS
SEC. 1426. EXTENSION OF AUTHORITY TO CARRY OUT FRANCHISE FUND
PROGRAMS.
Section 403(f) of the Federal Financial Management Act of
1994 (Public Law 103-356; 31 U.S.C. 501 note) is amended by
striking ``October 1, 2003'' and inserting ``October 1,
2006''.
SEC. 1427. AGENCY ACQUISITION PROTESTS.
(a) Defense Contracts.--(1) Chapter 137 of title 10, United
States Code, is amended by inserting after section 2305a the
following new section:
``Sec. 2305b. Protests
``(a) In General.--An interested party may protest an
acquisition of supplies or services by an agency based on an
alleged violation of an acquisition law or regulation, and a
decision regarding such alleged violation shall be made by
the agency in accordance with this section.
``(b) Restriction on Contract Award Pending Decision.--(1)
Except as provided in paragraph (2), a contract may not be
awarded by an agency after a protest concerning the
acquisition has been submitted under this section and while
the protest is pending.
``(2) The head of the acquisition activity responsible for
the award of the contract may authorize the award of a
contract, notwithstanding pending protest under this section,
upon making a written finding that urgent and compelling
circumstances do not allow for waiting for a decision on the
protest.
``(c) Restriction on Contract Performance Pending
Decision.--(1) Except as provided in paragraph (2),
performance of a contract may not be authorized (and
performance of the contract shall cease if performance has
already begun) in any case in which a protest of the contract
award is submitted under this section before the later of--
``(A) the date that is 10 days after the date of contract
award; or
``(B) the date that is five days after an agency debriefing
date offered to an unsuccessful offeror for any debriefing
that is requested and, when requested, is required, under
section 2305(b)(5) of this title.
``(2) The head of the acquisition activity responsible for
the award of a contract may authorize performance of the
contract notwithstanding a pending protest under this section
upon making a written finding that urgent and compelling
circumstances do not allow for waiting for a decision on the
protest.
``(d) Deadline for Decision.--The head of an agency shall
issue a decision on a protest under this section not later
than the date that is 20 working days after the date on which
the protest is submitted to such head of an agency.
``(e) Construction.--Nothing in this section shall affect
the right of an interested party to file a protest with the
Comptroller General under subchapter V of chapter 35 of title
31 or in the United States Court of Federal Claims.
``(f) Definitions.--In this section, the terms `protest'
and `interested party' have the meanings given such terms in
section 3551 of title 31.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2305a the following new item:
``2305b. Protests.''.
(b) Other Agencies.--Title III of the Federal Property and
Administrative Services Act of 1949 is amended by inserting
after section 303M (41 U.S.C. 253m) the following new
section:
``SEC. 303N. PROTESTS.
``(a) In General.--An interested party may protest an
acquisition of supplies or services by an executive agency
based on an alleged violation of an acquisition law or
regulation, and a decision regarding such alleged violation
shall be made by the agency in accordance with this section.
``(b) Restriction on Contract Award Pending Decision.--(1)
Except as provided in paragraph (2), a contract may not be
awarded by an agency after a protest concerning the
acquisition has been submitted under this section and while
the protest is pending.
``(2) The head of the acquisition activity responsible for
the award of a contract may authorize the award of the
contract, notwithstanding a pending protest under this
section, upon making a written finding that urgent and
compelling circumstances do not allow for waiting for a
decision on the protest.
``(c) Restriction on Contract Performance Pending
Decision.--(1) Except as provided in paragraph (2),
performance of a contract may not be authorized (and
performance of the contract shall cease if performance has
already begun) in any case in which a protest of the contract
award is submitted under this section before the later of--
``(A) the date that is 10 days after the date of contract
award; or
``(B) the date that is five days after an agency debriefing
date offered to an unsuccessful offeror for any debriefing
that is requested and, when requested, is required, under
section 303B(e) of this title.
``(2) The head of the acquisition activity responsible for
the award of a contract may authorize performance of the
contract notwithstanding a pending protest under this section
upon making a written finding that urgent and compelling
circumstances do not allow for waiting for a decision on the
protest.
``(d) Deadline for Decision.--The head of an executive
agency shall issue a decision on a protest under this section
not later than the date that is 20 working days after the
date on which the protest is submitted to the executive
agency.
``(e) Construction.--Nothing in this section shall affect
the right of an interested party to file a protest with the
Comptroller General under subchapter V of chapter 35 of title
31, United States Code, or in the United States Court of
Federal Claims.
``(f) Definitions.--In this section, the terms `protest'
and `interested party' have the meanings given such terms in
section 3551 of title 31, United States Code.''.
(c) Conforming Amendment.--Section 3553(d)(4) of title 31,
United States Code, is amended--
[[Page H4467]]
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) in the case of a protest of the same matter regarding
such contract that is submitted under section 2305b of title
10 or section 303N of the Federal Property and Administrative
Services Act of 1949, the date that is 5 days after the date
on which a decision on that protest is issued.''.
SEC. 1428. IMPROVEMENTS IN CONTRACTING FOR ARCHITECTURAL AND
ENGINEERING SERVICES.
(a) Title 10.--Section 2855(b) of title 10, United States
Code, is amended--
(1) in paragraph (2), by striking ``$85,000'' and inserting
``$300,000''; and
(2) by adding at the end the following new paragraph:
``(4) The selection and competition requirements described
in subsection (a) shall apply to any contract for
architectural and engineering services (including surveying
and mapping services) that is entered into by the head of an
agency (as such term is defined in section 2302 of this
title).''.
(b) Architectural and Engineering Services.--Architectural
and engineering services (as defined in section 1102 of title
40, United States Code) shall not be offered under multiple-
award schedule contracts entered into by the Administrator of
General Services or under Governmentwide task and delivery-
order contracts entered into under sections 2304a and 2304b
of title 10, United States Code, or sections 303H and 303I of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253h and 253i) unless such services--
(1) are performed under the direct supervision of a
professional engineer licensed in a State; and
(2) are awarded in accordance with the selection procedures
set forth in chapter 11 of title 40, United States Code.
SEC. 1429. AUTHORIZATION OF TELECOMMUTING FOR FEDERAL
CONTRACTORS.
(a) Amendment to the Federal Acquisition Regulation.--Not
later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulatory Council shall amend
the Federal Acquisition Regulation issued in accordance with
sections 6 and 25 of the Office of Federal Procurement Policy
Act (41 U.S.C. 405 and 421) to permit telecommuting by
employees of Federal Government contractors in the
performance of contracts entered into with executive
agencies.
(b) Content of Amendment.--The regulation issued pursuant
to subsection (a) shall, at a minimum, provide that
solicitations for the acquisition of property or services may
not set forth any requirement or evaluation criteria that
would--
(1) render an offeror ineligible to enter into a contract
on the basis of the inclusion of a plan of the offeror to
permit the offeror's employees to telecommute; or
(2) reduce the scoring of an offer on the basis of the
inclusion in the offer of a plan of the offeror to permit the
offeror's employees to telecommute, unless the contracting
officer concerned first--
(A) determines that the requirements of the agency,
including the security requirements of the agency, cannot be
met if the telecommuting is permitted; and
(B) documents in writing the basis for that determination.
(c) GAO Report.--Not later than one year after the date on
which the regulation required by subsection (a) is published
in the Federal Register, the Comptroller General shall submit
to Congress--
(1) an evaluation of--
(A) the conformance of the regulations with law; and
(B) the compliance by executive agencies with the
regulations; and
(2) any recommendations that the Comptroller General
considers appropriate.
(d) Definition.--In this section, the term ``executive
agency'' has the meaning given that term in section 4 of the
Office of Federal Procurement Policy Act (41 U.S.C. 403).
Subtitle C--Contract Incentives
SEC. 1431. INCENTIVES FOR CONTRACT EFFICIENCY.
(a) Incentives for Contract Efficiency.--The Office of
Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is
amended by adding at the end the following new section:
``SEC. 41. INCENTIVES FOR EFFICIENT PERFORMANCE OF SERVICES
CONTRACTS.
``(a) Options for Services Contracts.--An option included
in a contract for services to extend the contract by one or
more periods may provide that it be exercised on the basis of
exceptional performance by the contractor. A contract that
contains such an option provision shall include performance
standards for measuring performance under the contract, and
to the maximum extent practicable be performance-based. Such
option provision shall only be exercised in accordance with
applicable provisions of law or regulation that set forth
restrictions on the duration of the contract containing the
option.
``(b) Definition of Performance-Based.--In this section,
the term `performance-based', with respect to a contract,
task order, or contracting, means that the contract, task
order, or contracting, respectively, includes the use of
performance work statements that set forth contract
requirements in clear, specific, and objective terms with
measurable outcomes.''.
(b) Clerical and Technical Amendments.--(1) The table of
contents in section 1(b) of such Act is amended by striking
the last item and inserting the following:
``Sec. 40. Protection of constitutional rights of contractors.
``Sec. 41. Incentives for efficient performance of services
contracts.''.
(2) The section before section 41 of such Act (as added by
subsection (a)) is redesignated as section 40.
Subtitle D--Acquisitions of Commercial Items
SEC. 1441. ADDITIONAL INCENTIVE FOR USE OF PERFORMANCE-BASED
CONTRACTING FOR SERVICES.
(a) Other Contracts.--Section 41 of the Office of Federal
Procurement Policy Act, as added by section 1431, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Incentive for Use of Performance-Based Services
Contracts.--(1) A performance-based contract for the
procurement of services entered into by an executive agency
or a performance-based task order for services issued by an
executive agency may be treated as a contract for the
procurement of commercial items if--
``(A) the contract or task order sets forth specifically
each task to be performed and, for each task--
``(i) defines the task in measurable, mission-related
terms; and
``(ii) identifies the specific end products or output to be
achieved; and
``(B) the source of the services provides similar services
to the general public under terms and conditions similar to
those offered to the Federal Government.
``(2) The regulations implementing this subsection shall
require agencies to collect and maintain reliable data
sufficient to identify the contracts or task orders treated
as contracts for commercial items using the authority of this
subsection. The data may be collected using the Federal
Procurement Data System or other reporting mechanism.
``(3) Not later than two years after the date of the
enactment of this subsection, the Director of the Office of
Management and Budget shall prepare and submit to the
Committees on Governmental Affairs and on Armed Services of
the Senate and the Committees on Government Reform and on
Armed Services of the House of Representatives a report on
the contracts or task orders treated as contracts for
commercial items using the authority of this subsection. The
report shall include data on the use of such authority both
government-wide and for each department and agency.
``(4) The authority under this subsection shall expire 10
years after the date of the enactment of this subsection.''.
(b) Center of Excellence in Service Contracting.--Not later
than 180 days after the date of the enactment of this Act,
the Administrator for Federal Procurement Policy shall
establish a center of excellence in contracting for services.
The center of excellence shall assist the acquisition
community by identifying, and serving as a clearinghouse for,
best practices in contracting for services in the public and
private sectors.
(c) Repeal of Superseded Provision.--Subsection (b) of
section 821 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-218) is repealed.
SEC. 1442. AUTHORIZATION OF ADDITIONAL COMMERCIAL CONTRACT
TYPES.
Section 8002(d) of the Federal Acquisition Streamlining Act
of 1994 (Public Law 103-355; 108 Stat. 3387; 41 U.S.C. 264
note) is amended--
(1) in paragraph (1), by striking ``and'';
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) authority for use of a time and materials contract or
a labor-hour contract for the procurement of commercial
services that are commonly sold to the general public through
such contracts.''
SEC. 1443. CLARIFICATION OF COMMERCIAL SERVICES DEFINITION.
Subparagraph (F) of section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)(F)) is amended--
(1) by striking ``catalog or''; and
(2) by inserting ``or specific outcomes to be achieved''
after ``performed''.
SEC. 1444. DESIGNATION OF COMMERCIAL BUSINESS ENTITIES.
(a) In General.--Section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403), as amended by section
1411, is further amended--
(1) by adding at the end of paragraph (12) the following
new subparagraph:
``(I) Items or services produced or provided by a
commercial entity.''; and
(2) by adding at the end the following new paragraph:
``(17) The term `commercial entity' means any enterprise
whose primary customers are other than the Federal
Government. In order to qualify as a commercial entity, at
least 90 percent (in dollars) of the sales of the enterprise
over the past three business years must have been made to
private sector entities.''.
(b) Collection of Data.--Regulations implementing the
amendments made by subsection (a) shall require agencies to
collect and maintain reliable data sufficient to identify the
contracts entered into or task orders awarded for items or
services produced or provided by a commercial entity. The
data may be collected using the Federal Procurement Data
System or other reporting mechanism.
(c) OMB Report.--Not later than two years after the date of
the enactment of this subsection, the Director of the Office
of Management and Budget shall prepare and submit to
[[Page H4468]]
the Committees on Governmental Affairs and on Armed Services
of the Senate and the Committees on Government Reform and on
Armed Services of the House of Representatives a report on
the contracts entered into or task orders awarded for items
or services produced or provided by a commercial entity. The
report shall include data on the use of such authority both
government-wide and for each department and agency.
(d) Comptroller General Review.--The Comptroller General
shall review the implementation of the amendments made by
subsection (a) to evaluate the effectiveness of such
implementation in increasing the availability of items and
services to the Federal Government at fair and reasonable
prices.
Subtitle E--Other Matters
SEC. 1451. AUTHORITY TO ENTER INTO CERTAIN PROCUREMENT-
RELATED TRANSACTIONS AND TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by
adding at the end the following new section:
``SEC. 318. AUTHORITY TO ENTER INTO CERTAIN TRANSACTIONS FOR
DEFENSE AGAINST OR RECOVERY FROM TERRORISM OR
NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL
ATTACK.
``(a) Authority.--
``(1) In general.--The head of an executive agency who
engages in basic research, applied research, advanced
research, and development projects that--
``(A) are necessary to the responsibilities of such
official's executive agency in the field of research and
development, and
``(B) have the potential to facilitate defense against or
recovery from terrorism or nuclear, biological, chemical, or
radiological attack,
may exercise the same authority (subject to the same
restrictions and conditions) with respect to such research
and projects as the Secretary of Defense may exercise under
section 2371 of title 10, United States Code, except for
subsections (b) and (f) of such section 2371.
``(2) Prototype projects.--The head of an executive agency
may, under the authority of paragraph (1), carry out
prototype projects that meet the requirements of
subparagraphs (A) and (B) of paragraph (1) in accordance with
the requirements and conditions provided for carrying out
prototype projects under section 845 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
10 U.S.C. 2371 note). In applying the requirements and
conditions of that section 845--
``(A) subsection (c) of that section shall apply with
respect to prototype projects carried out under this
paragraph; and
``(B) the Director of the Office of Management and Budget
shall perform the functions of the Secretary of Defense under
subsection (d) of that section.
``(3) Applicability to selected executive agencies.--
``(A) OMB authorization required.--The head of an executive
agency may exercise authority under this subsection only if
authorized by the Director of the Office of Management and
Budget to do so.
``(B) Relationship to authority of department of homeland
security.--The authority under this subsection shall not
apply to the Secretary of Homeland Security while section 831
of the Homeland Security Act of 2002 (Public Law 107-296; 116
Stat. 2224) is in effect.
``(b) Annual Report.--The annual report of the head of an
executive agency that is required under subsection (h) of
section 2371 of title 10, United States Code, as applied to
the head of the executive agency by subsection (a), shall be
submitted to the Committee on Governmental Affairs of the
Senate and the Committee on Government Reform of the House of
Representatives.
``(c) Regulations.--The Director of the Office of
Management and Budget shall prescribe regulations to carry
out this section.''.
SEC. 1452. AUTHORITY TO MAKE INFLATION ADJUSTMENTS TO
SIMPLIFIED ACQUISITION THRESHOLD.
Section 4(11) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(11)) is amended by inserting before the
period at the end the following: ``, except that such amount
may be adjusted by the Administrator every five years to the
amount equal to $100,000 in constant fiscal year 2003 dollars
(rounded to the nearest $10,000)''.
SEC. 1453. TECHNICAL CORRECTIONS RELATED TO DUPLICATIVE
AMENDMENTS.
(a) Repeal of Superseded Subchapter and Related Conforming
Amendments.--(1) Subchapter II of chapter 35 of title 44,
United States Code, is repealed.
(2) Subchapter III of such chapter is redesignated as
subchapter II.
(3) Section 3549 of title 44, United States Code, is
amended by striking the sentence beginning with ``While this
subchapter''.
(4) The table of sections at the beginning of chapter 35 of
title 44, United States Code, is amended--
(A) by striking the items relating to sections 3531 through
3538; and
(B) by striking the heading ``SUBCHAPTER III--INFORMATION
SECURITY''.
(5) Section 2224a of title 10, United States Code, is
repealed, and the table of sections at the beginning of
chapter 131 of such title is amended by striking the item
relating to such section.
(b) Conforming Amendments Related to Repeals of Share-in-
Savings and Solutions-Based Contracting Pilot Programs.--(1)
Chapter 115 of title 40, United States Code, is repealed.
(2) The table of chapters at the beginning of subtitle III
of such title is amended by striking the item relating to
chapter 115.
(c) Amendments Made by E-Government Act Made Applicable.--
The following provisions of law shall read as if the
amendments made by title X of the Homeland Security Act of
2002 (Public Law 107-296) to such provisions did not take
effect:
(1) Section 2224 of title 10, United States Code.
(2) Sections 20 and 21 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3 and 278g-4).
(3) Sections 11331 and 11332 of title 40, United States
Code.
(4) Subtitle G of title X of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (Public Law
106-398; 44 U.S.C. 3531 note).
(5) Sections 3504(g), 3505, and 3506(g) of title 44, United
States Code.
(d) Correction of Cross Reference.--Section 2224(c) of
title 10, United States Code, as amended by section
301(c)(1)(B)(iii) of the E-Government Act of 2002 (Public Law
107-347; 116 Stat. 2955), is amended by striking ``subchapter
III'' and inserting ``subchapter II''.
SEC. 1454. PROHIBITION ON USE OF QUOTAS.
(a) In General.--After the date of enactment of this Act,
the Office of Management and Budget may not establish, apply,
or enforce any numerical goal, target, or quota for
subjecting the employees of a department or agency of the
Government to public-private competitions or converting such
employees or the work performed by such employees to
contractor performance under Office of Management and Budget
Circular A-76 or any other administrative regulation,
directive, or policy unless the goal, target, or quota is
based on considered research and sound analysis of past
activities and is consistent with the stated mission of the
department or agency.
(b) Limitations.--Subsection (a) shall not--
(1) otherwise affect the implementation or enforcement of
the Government Performance and Results Act of 1993 (107 Stat.
285); or
(2) prevent any agency of the Executive branch from
subjecting work performed by Federal employees or private
contractors to public-private competition or conversions.
SEC. 1455. APPLICABILITY OF CERTAIN PROVISIONS TO SOLE SOURCE
CONTRACTS FOR GOODS AND SERVICES TREATED AS
COMMERCIAL ITEMS.
(a) In General.--Notwithstanding the amendments made by
subtitle D of this Act, no contract for the procurement of
services or goods awarded on a sole source basis shall be
exempt from--
(1) cost accounting standards promulgated pursuant to
section 26 of the Office of Federal Procurement Policy Act
(41 U.S.C. 422); and
(2) cost or pricing data requirements (commonly referred to
as truth in negotiating) under section 2306a of title 10,
United States Code, and section 304A of title III of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254b).
(b) Limitation.--This section shall not apply to any
contract in an amount not greater than $15,000,000.
SEC. 1456. PUBLIC DISCLOSURE OF NONCOMPETITIVE CONTRACTING
FOR THE RECONSTRUCTION OF INFRASTRUCTURE IN
IRAQ.
(a) Disclosure Required.--
(1) Publication and public availability.--The head of an
executive agency of the United States that enters into a
contract for the repair, maintenance, or construction of
infrastructure in Iraq without full and open competition
shall publish in the Federal Register or Commerce Business
Daily and otherwise make available to the public, not later
than 30 days after the date on which the contract is entered
into, the following information:
(A) The amount of the contract.
(B) A brief description of the scope of the contract.
(C) A discussion of how the executive agency identified,
and solicited offers from, potential contractors to perform
the contract, together with a list of the potential
contractors that were issued solicitations for the offers.
(D) The justification and approval documents on which was
based the determination to use procedures other than
procedures that provide for full and open competition.
(2) Inapplicability to contracts after fiscal year 2013.--
Paragraph (1) does not apply to a contract entered into after
September 30, 2013.
(b) Classified Information.--
(1) Authority to withhold.--The head of an executive agency
may--
(A) withhold from publication and disclosure under
subsection (a) any document that is classified for restricted
access in accordance with an Executive order in the interest
of national defense or foreign policy; and
(B) redact any part so classified that is in a document not
so classified before publication and disclosure of the
document under subsection (a).
(2) Availability to congress.--In any case in which the
head of an executive agency withholds information under
paragraph (1), the head of such executive agency shall make
available an unredacted version of the document containing
that information to the chairman and ranking member of each
of the following committees of Congress:
(A) The Committee on Governmental Affairs of the Senate and
the Committee on Government Reform of the House of
Representatives.
(B) The Committees on Appropriations of the Senate and
House of Representatives.
(C) Each committee that the head of the executive agency
determines has legislative jurisdiction for the operations of
such department or agency to which the information relates.
(c) Fiscal Year 2003 Contracts.--This section shall apply
to contracts entered into on or after October 1, 2002, except
that, in the case of
[[Page H4469]]
a contract entered into before the date of the enactment of
this Act, subsection (a) shall be applied as if the contract
had been entered into on the date of the enactment of this
Act.
(d) Relationship to Other Disclosure Laws.--Nothing in this
section shall be construed as affecting obligations to
disclose United States Government information under any other
provision of law.
(e) Definitions.--In this section, the terms ``executive
agency'' and ``full and open competition'' have the meanings
given such terms in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2004''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Redstone Arsenal..... $5,500,000
Alaska......................... Fort Wainwright...... $138,800,000
California..................... Fort Irwin........... $3,350,000
Colorado....................... Fort Carson.......... $2,150,000
Georgia........................ Fort Benning......... $34,500,000
Fort Stewart/Hunter $138,550,000
Army Air Field......
Hawaii......................... Helemano Military $1,400,000
Reservation.
Schofield Barracks... $128,100,000
Kansas......................... Fort Leavenworth..... $115,000,000
Fort Riley........... $40,000,000
Kentucky....................... Fort Knox............ $5,500,000
Louisiana...................... Fort Polk............ $72,000,000
Maryland....................... Fort Meade........... $9,600,000
Massachusetts.................. Soldier Systems $5,500,000
Center, Natick......
Missouri....................... Fort Leonard Wood.... $5,900,000
New Jersey..................... Naval Air Engineering $2,250,000
Center, Lakehurst...
Picatinny Arsenal.... $11,800,000
New York....................... Fort Drum............ $139,300,000
North Carolina................. Fort Bragg........... $163,400,000
Oklahoma....................... Fort Sill............ $5,500,000
Texas.......................... Fort Bliss........... $5,400,000
Fort Hood............ $56,700,000
Virginia....................... Fort Belvoir......... $7,000,000
Fort Lee............. $3,850,000
Fort Myer............ $9,000,000
Washington..................... Fort Lewis........... $3,900,000
-----------------
Total.............. $1,108,500,000
------------------------------------------------------------------------
(b) Outside the United States.--Subject to subsection (c),
using amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(2), the Secretary of the
Army may acquire real property and carry out military
construction projects for the installations and locations
outside the United States, and in the amounts, set forth in
the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Grafenwoehr............ $76,000,000
Heidelberg............. $17,000,000
Hohenfels.............. $13,200,000
Vilseck................ $31,000,000
Italy.......................... Aviano Air Base........ $28,500,000
Livorno................ $22,000,000
Korea.......................... Camp Humphreys......... $191,150,000
Kwajalein...................... Kwajalein.............. $9,400,000
---------------
Total.................. $388,250,000
------------------------------------------------------------------------
(c) Condition on Projects Authorization.--The authority of
the Secretary of the Army to proceed with the projects at
Camp Humphreys, Korea, referred to in the table in subsection
(b), and to obligate amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(2) in
connection with such project, is subject to the condition
that the Secretary submit to the congressional defense
committees written notice in advance that the United States
and the Republic of Korea have entered into an agreement to
ensure the availability and use of land sufficient for such
projects.
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations,
for the purposes, and in the amounts set forth in the
following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................. Fort Wainwright............ 140 Units................. $64,000,000
Arizona................................ Fort Huachuca.............. 220 Units................. $41,000,000
Kansas................................. Fort Riley................. 62 Units.................. $16,700,000
Kentucky............................... Fort Knox.................. 178 Units................. $41,000,000
New Mexico............................. White Sands Missile Range.. 58 Units.................. $14,600,000
Oklahoma............................... Fort Sill.................. 120 Units................. $25,373,000
Virginia............................... Fort Lee................... 90 Units.................. $18,000,000
---------------
Total:.................. $220,673,000
----------------------------------------------------------------------------------------------------------------
[[Page H4470]]
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $34,488,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(5)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $156,030,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2003, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $3,056,697,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $902,000,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $359,350,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $22,550,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $128,580,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$409,191,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,043,026,000.
(6) For the construction of phase 3 of a barracks complex,
D Street, at Fort Richardson, Alaska, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat.
1280), as amended by section 2105 of this Act, $33,000,000.
(7) For the construction of phase 3 of a barracks complex,
17th and B Streets, at Fort Lewis, Washington, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1280), $48,000,000.
(8) For the construction of phase 2 of a barracks complex,
Capron Road, at Schofield Barracks, Hawaii, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law 107-314;
116 Stat. 2681), $49,000,000.
(9) For the construction of phase 2 of a barracks complex,
Range Road, at Fort Campbell, Kentucky, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
2681), $49,000,000.
(10) For the construction of phase 2 of a consolidated
maintenance complex at Fort Sill, Oklahoma, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law 107-314;
116 Stat. 2681), $13,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $32,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks, Fort Stewart/
Hunter Army Airfield, Georgia).
(3) $87,000,000 (the balance of the amount authorized under
section 2101(a) for construction of the Lewis and Clark
Instructional Facility, Fort Leavenworth, Kansas).
(4) $43,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex,
Wheeler Army Airfield, Fort Drum, New York).
(5) $50,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex,
Bastogne Drive, Fort Bragg, North Carolina).
(6) $18,900,000 (the balance of the amount authorized under
section 2101(b) for construction of a barracks complex,
Vilseck, Germany).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2002 PROJECTS.
(a) Modification.--The table in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1281), as
amended by section 2105 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2689), is further amended--
(1) in the item relating to Fort Richardson, Alaska, by
striking ``$115,000,000'' in the amount column and inserting
``$117,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,364,750,000''.
(b) Conforming Amendment.--Section 2104(b)(2) of that Act
(115 Stat. 1284) is amended by striking ``$52,000,000'' and
inserting ``$54,000,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $22,230,000
Station, Yuma.
California..................... Marine Corps Air- $42,090,000
Ground Task Force
Training Center,
Twentynine Palms.....
Marine Corps Air $7,640,000
Station, Miramar.....
Marine Corps Base, $73,580,000
Camp Pendleton.......
Naval Air Facility, $18,940,000
San Clemente Island..
Naval Air Station, $34,510,000
Lemoore..............
Naval Air Station, $49,240,000
North Island.........
Naval Air Warfare $12,230,000
Center, China Lake...
Naval Air Warfare $6,150,000
Center, Point Mugu,
San Nicholas Island..
Naval Postgraduate $42,560,000
School, Monterey.
Naval Station, San $49,710,000
Diego.
Connecticut.................... Naval Submarine Base, $3,120,000
New London.
District of Columbia........... Marine Corps Barracks. $1,550,000
Florida........................ Blount Island $115,711,000
(Jacksonville).
Naval Air Station, $9,190,000
Jacksonville.........
Naval Air Station, $4,830,000
Whiting Field, Milton
Naval Surface Warfare $9,550,000
Center, Coastal
Systems Station,
Panama City..........
Georgia........................ Strategic Weapons $11,510,000
Facility Atlantic,
Kings Bay............
Hawaii......................... Fleet and Industrial $32,180,000
Supply Center, Pearl
Harbor...............
Naval Magazine, $6,320,000
Lualualei.
Naval Shipyard, Pearl $7,010,000
Harbor.
Illinois....................... Naval Training Center, $137,120,000
Great Lakes.
Indiana........................ Naval Surface Warfare $11,400,000
Center, Crane........
Maryland....................... Naval Air Warfare $28,270,000
Center, Patuxent
River................
Naval Surface Warfare $14,850,000
Center, Indian Head..
Mississippi.................... Naval Air Station, $4,570,000
Meridian.
Naval Station, $6,100,000
Pascagoula.
Nevada......................... Naval Air Station, $4,700,000
Fallon.
New Jersey..................... Naval Air Warfare $20,681,000
Center, Lakehurst.
Naval Weapons Station, $123,720,000
Earle.
North Carolina................. Marine Corps Air $6,240,000
Station, New River...
Marine Corps Base, $29,450,000
Camp Lejeune.
Rhode Island................... Naval Station, Newport $16,140,000
Naval Undersea Warfare $10,890,000
Center, Newport......
[[Page H4471]]
South Carolina................. Naval Weapons Station, $2,350,000
Charleston.
Texas.......................... Naval Air Station, $5,400,000
Corpus Christi.
Virginia....................... Henderson Hall, $1,970,000
Arlington.
Marine Corps Combat $3,700,000
Development Command,
Quantico.............
Naval Air Station, $10,000,000
Oceana.
Naval Amphibious Base, $3,810,000
Little Creek.
Naval Space Command $24,020,000
Center, Dahlgren.....
Naval Station, Norfolk $182,240,000
Norfolk Naval $17,770,000
Shipyard, Portsmouth.
Washington..................... Naval Air Station, $4,350,000
Whidbey Island.
Naval Magazine, Indian $2,240,000
Island.
Naval Shipyard, Puget $12,120,000
Sound.
Naval Submarine Base, $33,820,000
Bangor.
Strategic Weapons $6,530,000
Facility Pacific,
Bangor...............
Various Locations.............. Various Locations, $56,360,000
CONUS.
----------------
Total............... $1,340,662,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Naval Support Activity, $18,030,000
Bahrain...............
Guam........................... Commander, United $1,700,000
States Naval Forces,
Marianas..............
Italy.......................... Naval Air Station, $48,749,000
Sigonella.............
Naval Support Activity, $39,020,000
La Maddalena..........
United Kingdom................. Joint Maritime $7,070,000
Facility, St. Mawgan..
---------------
Total................ $114,569,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(5)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations,
for the purposes, and in the amounts set forth in the
following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California............................. Naval Air Station, Lemoore. 187 Units................. $41,585,000
Florida................................ Naval Air Station, 25 Units.................. $4,447,000
Pensacola.................
North Carolina......................... Marine Corps Air Station, 339 Units................. 42,803,000
Cherry Point..............
Marine Corps Base, Camp 519 Units................. $68,531,000
Lejeune...................
---------------
Total................... $157,366,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriation in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $8,381,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $20,446,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2003, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,288,917,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $1,005,882,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $114,569,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $13,624,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $71,141,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$184,193,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $852,778,000.
(6) For construction of a bachelors enlisted quarters
shipboard ashore at Naval Shipyard Norfolk, Virginia,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2687), $46,730,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $25,690,000 (the balance of the amount authorized under
section 2101(a) for construction of a tertiary sewage
treatment facility, Marine Corp Base, Camp Pendleton,
California).
(3) $58,190,000 (the balance of the amount authorized under
section 2101(a) for construction of a battle station training
facility, Naval Training Center, Great Lakes, Illinois).
(4) $96,980,000 (the balance of the amount authorized under
section 2101(a) for construction of a general purpose
berthing pier, Naval Weapons Station Earle, New Jersey).
(5) $118,170,000 (the balance of the amount authorized
under section 2101(a) for construction of the Pier 11
replacement, Naval Station, Norfolk, Virginia).
(6) $28,750,000 (the balance of the amount authorized under
section 2101(a) for construction of outlying landing field
facilities, various locations in the continental United
States).
[[Page H4472]]
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $26,000,000
Alaska......................... Eielson Air Force Base. $33,261,000
Elmendorf Air Force $2,000,000
Base.
Arizona........................ Davis-Monthan Air Force $10,062,000
Base.
Arkansas....................... Little Rock Air Force $7,445,000
Base.
California..................... Beale Air Force Base... $22,750,000
Edwards Air Force Base. $26,744,000
Vandenberg Air Force $16,500,000
Base.
Colorado....................... Buckley Air Force Base. $7,019,000
District of Columbia........... Bolling Air Force Base. $9,300,000
Florida........................ Hurlburt Field......... $27,200,000
Tyndall Air Force Base. $20,720,000
Georgia........................ Robins Air Force Base.. $37,164,000
Hawaii......................... Hickam Air Force Base.. $73,296,000
Idaho.......................... Mountain Home Air Force $5,445,000
Base.
Illinois....................... Scott Air Force Base... $1,900,000
Mississippi.................... Columbus Air Force Base $2,200,000
Keesler Air Force Base. $2,900,000
Missouri....................... Whiteman Air Force Base $11,600,000
New Jersey..................... McGuire Air Force Base. $11,861,000
New Mexico..................... Kirtland Air Force Base $11,247,000
Tularosa Radar Test $3,600,000
Site.
North Carolina................. Pope Air Force Base.... $24,499,000
Seymour Johnson Air $23,022,000
Force Base.
North Dakota................... Minot Air Force Base... $3,190,000
Ohio........................... Wright-Patterson Air $21,100,000
Force Base.
Oklahoma....................... Altus Air Force Base... $1,167,000
Tinker Air Force Base.. $19,444,000
South Carolina................. Charleston Air Force $9,042,000
Base.
Shaw Air Force Base.... $8,500,000
Texas.......................... Goodfellow Air Force $20,335,000
Base.
Lackland Air Force Base $57,360,000
Laughlin Air Force Base $12,400,000
Sheppard Air Force Base $38,167,000
Utah........................... Hill Air Force Base.... $15,848,000
Virginia....................... Langley Air Force Base. $25,474,000
Washington..................... McChord Air Force Base. $19,000,000
---------------
Total.................. $668,762,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Base...... $41,866,000
Spangdahlem Air Base... $5,411,000
Italy.......................... Aviano Air Base........ $14,025,000
Korea.......................... Kunsan Air Base........ $7,059,000
Osan Air Base.......... $16,638,000
Portugal....................... Lajes Field, Azores.... $4,086,000
Turkey......................... Incirlik Air Base...... $3,262,000
United Kingdom................. Royal Air Force, $42,487,000
Lakenheath.
Royal Air Force, $10,558,000
Mildenhall.
Wake Island.................... Wake Island............ $24,000,000
---------------
Total................ $169,392,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(3), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installation and location, and in the amount, set forth in
the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $29,501,000
---------------
Total................ $29,501,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations,
for the purposes, and in the amounts set forth in the
following table:
[[Page H4473]]
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, Unites States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(6)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $227,979,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2003, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $2,477,609,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $660,282,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $169,392,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2301(c),
$28,981,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $12,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $115,421,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$657,065,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $834,468,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1), (2), and (3) of subsection (a).
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Marine Corps Base, Camp $15,259,000
Lejeune, North
Carolina..............
Defense Logistics Agency....... Defense Distribution $27,700,000
Depot, New Cumberland,
Pennsylvania..........
Eglin Air Force Base, $4,800,000
Florida...............
Eielson Air Force Base, $17,000,000
Alaska................
Hickam Air Force Base, $14,100,000
Hawaii................
Hurlburt Field, Florida $4,100,000
Offutt Air Force Base, $13,400,000
Nebraska..............
Langley Air Force Base, $13,000,000
Virginia..............
Laughlin Air Force $4,688,000
Base, Texas...........
McChord Air Force Base, $8,100,000
Washington............
Naval Air Station, $9,200,000
Kingsville, Texas.....
Nellis Air Force Base, $12,800,000
Nevada................
National Security Agency....... Fort Meade, Maryland... $1,842,000
Special Operations Command..... Dam Neck, Virginia..... $15,281,000
Fort Benning, Georgia.. $2,100,000
Fort Bragg, North $36,300,000
Carolina.
Fort Campbell, Kentucky $7,800,000
Harrisburg $3,000,000
International Airport,
Pennsylvania..........
Hurlburt Field, Florida $6,000,000
MacDill, Air Force $25,500,000
Base, Florida.
Naval Amphibious Base, $2,800,000
Coronado, California..
TRICARE Management Activity.... Fort Hood, Texas....... $9,400,000
Naval Station, $15,714,000
Anacostia, District of
Columbia..............
Naval Submarine Base, $6,700,000
New London,
Connecticut...........
United States Air Force $22,100,000
Academy, Colorado.....
Walter Reed Medical $9,000,000
Center, District of
Columbia..............
Washington Headquarters Arlington, Virginia.... $38,086,000
Services......................
---------------
Total................ $345,770,000
------------------------------------------------------------------------
[[Page H4474]]
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Grafenwoehr, Germany... $36,247,000
Heidelberg, Germany.... $3,086,000
Vilseck, Germany....... $1,773,000
Sigonella, Italy....... $30,234,000
Vicenza, Italy......... $16,374,000
Camp Humphreys, Korea.. $31,683,000
Special Operations Command..... Stuttgart, Germany..... $11,400,000
TRICARE Management Activity.... Anderson Air Force $26,000,000
Base, Guam............
Grafenwoehr, Germany... $12,585,000
---------------
Total................ $169,382,000
------------------------------------------------------------------------
SEC. 2402. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(8)(A), the Secretary of
Defense may carry out architectural and engineering services
and construction design activities with respect to the
construction or improvement of military family housing units
in an amount not to exceed $300,000.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2405(a)(8)(A), the Secretary of
Defense may improve existing military family housing units in
an amount not to exceed $50,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(6), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code, in the amount
of $69,500,000.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2003, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments) in the total
amount of $1,223,066,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $343,570,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $152,017,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $16,153,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $8,960,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $66,834,000.
(6) For energy conservation projects authorized by section
2404, $69,500,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $370,427,000.
(8) For military family housing functions:
(A) For planning, design, and improvement of military
family housing and facilities, $350,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $49,440,000.
(C) For credit to the Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1) of title
10, United States Code, $300,000.
(9) For construction of the Defense Threat Reduction Center
at Fort Belvoir, Virginia, authorized by section 2401(a) of
the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107-314; 116 Stat. 2695),
$25,700,000.
(10) For the construction of phase 5 of an ammunition
demilitarization facility at Pueblo Depot Activity, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2775), as amended by section 2406 of
the Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106-65; 113 Stat. 839) and
section 2407 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2698), $88,388,000.
(11) For the construction of phase 6 of an ammunition
demilitarization facility at Newport Army Ammunition Plant,
Indiana, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (division
B of Public Law 105-261; 112 Stat. 2193), as amended by
section 2406 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2698), $15,207,000.
(12) For the construction of phase 4 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298) and
section 2405 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2698), $16,220,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2003, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment program authorized by section 2501, in
the amount of $169,300,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years
beginning after September 30, 2003, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$253,788,000; and
(B) for the Army Reserve, $89,840,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $45,762,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$123,408,000; and
(B) for the Air Force Reserve, $61,143,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2006; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2007.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects, and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have
been obligated before the later of--
(1) October 1, 2006; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2007 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
2001 PROJECT.
(a) Extension of Certain Project.--Notwithstanding section
2701 of the Floyd D.
[[Page H4475]]
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-407), the authorization set forth in the table in
subsection (b), as provided in section 2102 of that Act,
shall remain in effect until October 1, 2004, or the date of
the enactment of an Act authorizing funds for military
construction for fiscal year 2005, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina........................ Fort Jackson............. New Construction--GFOQ....... $250,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2000 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 841), the
authorizations set forth in the tables in subsection (b), as
provided in section 2302 or 2601 of that Act and extended by
section 2702 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2700), shall remain in effect until October 1, 2004, or
the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2005, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) is as
follows:
Air Force: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oklahoma.............................. Tinker Air Force Base.... Replace Family Housing (41 $6,000,000
Units)......................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Fort Pickett............. Multi-purpose Range-Heavy.... $13,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act
shall take effect on the later of--
(1) October 1, 2003; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN MAXIMUM AMOUNT OF AUTHORIZED ANNUAL
EMERGENCY CONSTRUCTION.
Section 2803(c)(1) of title 10, United States Code, is
amended by striking ``$30,000,000'' and inserting
``$45,000,000''.
SEC. 2802. AUTHORITY TO LEASE MILITARY FAMILY HOUSING UNITS
IN ITALY.
Section 2828(e)(2) of title 10, United States Code, is
amended by striking ``2,000 units`` and inserting ``2,800
units''.
SEC. 2803. CHANGES TO ALTERNATIVE AUTHORITY FOR ACQUISITION
AND IMPROVEMENT OF MILITARY HOUSING.
(a) Space Limitations by Pay Grade.--Section 2880(b)(2) of
title 10, United States Code, is amended by striking ``unless
the unit is located on a military installation''.
(b) Department of Defense Housing Fund.--(1) Section 2883
of such title is amended by striking subsections (a), (b),
and (c) and inserting the following new subsections (a) and
(b):
``(a) Establishment.--There is hereby established on the
books of the Treasury an account to be known as the
Department of Defense Housing Improvement Fund (in this
section referred to as the `Fund').
``(b) Credits to Fund.--There shall be credited to the Fund
the following:
``(1) Amounts authorized for and appropriated to the Fund.
``(2) Subject to subsection (e), any amounts that the
Secretary of Defense transfers, in such amounts as are
provided for in appropriation Acts, to the Fund from amounts
authorized and appropriated to the Department of Defense for
the acquisition or construction of military family housing or
military unaccompanied housing.
``(3) Proceeds from the conveyance or lease of property or
facilities under section 2878 of this title for the purpose
of carrying out activities under this subchapter with respect
to military family housing or military unaccompanied housing.
``(4) Income derived from any activities under this
subchapter with respect to military family housing or
military unaccompanied housing, income and gains realized
from investments under section 2875 of this title, and any
return of capital invested as part of such investments.
``(5) Any amounts that the Secretary of the Navy transfers
to the Fund pursuant to section 2814(i)(3) of this title,
subject to the restrictions on the use of the transferred
amounts specified in that section.''.
(2) Such section is further amended--
(A) by redesignating subsections (d) through (g) as (c)
through (f), respectively;
(B) in subsection (c), as so redesignated--
(i) in the subsection heading, by striking ``Funds'' and
inserting ``Fund'';
(ii) in paragraph (1)--
(I) by striking ``subsection (e)'' and inserting
``subsection (d)''; and
(II) by striking ``Department of Defense Family Housing
Improvement Fund'' and inserting ``Fund'';
(iii) by striking paragraph (2); and
(iv) by redesignating paragraph (3) as paragraph (2);
(C) in subsection (e), as so redesignated, by striking ``a
Fund under paragraph (1)(B) or (2)(B) of subsection (c)'' and
inserting ``the Fund under subsection (b)(2)''; and
(D) in subsection (f), as so redesignated, by striking
``$850,000,000'' in paragraph (1) and inserting
``$900,000,000''.
(c) Transfer of Unobligated Amounts.--(1) The Secretary of
Defense shall transfer to the Department of Defense Housing
Improvement Fund established under section 2883(a) of title
10, United States Code (as amended by subsection (b)), any
amounts in the Department of Defense Family Housing
Improvement Fund and the Department of Defense Military
Unaccompanied Housing Improvement that remain available for
obligation as of the date of the enactment of this Act.
(2) Amounts transferred to the Department of Defense
Housing Improvement Fund under paragraph (1) shall be merged
with amounts in that Fund, and shall be available for the
same purposes, and subject to the same conditions and
limitations, as other amounts in that Fund.
(d) Conforming Amendments.--(1) Paragraph (3) of section
2814(i) of such title is amended--
(A) by striking subparagraph (A) and inserting the
following new subparagraph (A):
``(A) The Secretary may transfer funds from the Ford Island
Improvement Account to the Department of Defense Housing
Improvement Fund established by section 2883(a) of this
title.''; and
(B) in subparagraph (B), by striking ``a fund'' and
inserting ``the Fund''.
(2) Section 2871(6) of such title is amended by striking
``Department of Defense Family Housing Improvement Fund or
the Department of Defense Military Unaccompanied Housing
Improvement Fund'' and inserting ``Department of Defense
Housing Improvement Fund''.
(3) Section 2875(e) of such title is amended by striking
``Department of Defense Family Housing Improvement Fund or
the Department of Defense Military Unaccompanied Housing
Improvement Fund'' and inserting ``Department of Defense
Housing Improvement Fund''.
(e) Clerical Amendments.--(1) The section heading for
section 2883 of such title is amended to read as follows:
``Sec. 2883. Department of Defense Housing Improvement
Fund''.
(2) The table of sections at the beginning subchapter IV of
chapter 169 of such title is amended by striking the item
relating to section 2883 and inserting the following new
item:
``2883. Department of Defense Housing Improvement Fund.''.
SEC. 2804. ADDITIONAL MATERIAL FOR ANNUAL REPORT ON HOUSING
PRIVATIZATION PROGRAM.
Section 2884(b) of title 10, United States Code, is
amended--
(1) in paragraph (2), by inserting before the period at the
end the following: ``, and such recommendations as the
Secretary considers necessary for improving the extent and
effectiveness of the use of such authorities in the future'';
and
(2) by striking paragraph (3) and inserting the following
new paragraphs:
``(3) A review of activities of the Secretary under this
subchapter during such preceding fiscal year, shown for
military family housing, military unaccompanied housing, dual
military family housing and military unaccompanied housing,
and ancillary supporting facilities.
``(4) If a contract for the acquisition or construction of
military family housing, military unaccompanied housing, or
dual military family housing and military unaccompanied
housing
[[Page H4476]]
entered into during the preceding fiscal year did not include
the acquisition or construction of the types of ancillary
supporting facilities specifically referred to in section
2871(1) of this title, a explanation of the reasons why such
ancillary supporting facilities were not included.
``(5) A description of the Secretary's plans for housing
privatization activities under this subchapter (A) during the
fiscal year for which the budget is submitted, and (B) during
the period covered by the then-current future-years defense
plan under section 221 of this title.''.
SEC. 2805. AUTHORITY TO CONVEY PROPERTY AT MILITARY
INSTALLATIONS CLOSED OR TO BE CLOSED IN
EXCHANGE FOR MILITARY CONSTRUCTION ACTIVITIES.
(a) In General.--(1) Subchapter III of chapter 169 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2869. Conveyance of property at military installations
closed or to be closed in exchange for military
construction activities
``(a) Conveyance Authorized; Consideration.--The Secretary
of Defense may enter into an agreement to convey real
property, including any improvements thereon, located on a
military installation that is closed or realigned under a
base closure law to any person who agrees, in exchange for
the real property--
``(1) to carry out, or provide services in connection with,
an authorized military construction project; or
``(2) to transfer to the Secretary of Defense housing that
is constructed or provided by the person and located at or
near a military installation at which there is a shortage of
suitable military family housing or military unaccompanied
housing (or both).
``(b) Conditions on Conveyance Authority.--A conveyance of
real property may be made under subsection (a) only if--
``(1) the fair market value of the consideration to be
received in exchange for the real property conveyed under
subsection (a) is equal to or greater than the fair market
value of the property, including any improvements thereon, as
determined by the Secretary concerned; and
``(2) in the event the fair market value of the
consideration to be received is equal to at least 90 percent,
but less than 100 percent, of the fair market value of the
real property to be conveyed, including any improvements
thereon, the recipient of the property agrees to pay to the
Secretary of Defense an amount equal to the difference in the
fair market values.
``(c) Use of Authority.--(1) To the maximum extent
practicable, the Secretary of Defense shall use the authority
provided by subsection (a) to convey at least 20 percent of
the total acreage conveyed each fiscal year at military
installations closed or realigned under the base closure
laws. Notice of the proposed use of this authority shall be
provided in such manner as the Secretary may prescribe,
including publication in the Federal Register and otherwise.
In determining such total acreage for a fiscal year, the
Secretary shall exclude real property identified in a
redevelopment plan as property essential to the reuse or
redevlopment of a military installation closed or to be
closed under a base closure law.
``(2) To the maximum extent practicable, the Secretary of
Defense shall endeavor to use the authority provided by
subsection (a) to obtain military construction and military
housing services having a total value of at least
$200,000,000 each fiscal year for each of the military
departments.
``(3) The Secretary concerned shall utilize the authority
provided in subsection (a) in lieu of obligating and
expending funds appropriated for military construction and
military housing projects that are authorized by law.
``(d) Deposit of Funds.--The Secretary of Defense may
deposit funds received under subsection (b)(2) in the
Department of Defense Housing Improvement Fund established
under section 2883(a) of this title.
``(e) Annual Report.--The Secretary of Defense shall
include each year in the materials that the Secretary submits
to Congress in support of the budget submitted by the
President pursuant to section 1105 of title 31 a report
detailing the extent to which the Secretary used the
authority provided by subsection (a) to convey real property
in exchange for military construction and military housing
and plans for the use of such authority for the future. The
report shall include the following:
``(1) The total value of the real property that was
actually conveyed during the preceding fiscal year using the
authority provided by subsection (a).
``(2) The total value of the military construction and
military housing services obtained in exchange, and, if the
dollar goal specified in subsection (c)(2) was not achieved
for a military department, an explanation regarding the
reasons why the goal was not achieved.
``(3) The current inventory of unconveyed lands at military
installations closed or realigned under a base closure law.
``(4) A description of the results of conveyances under
subsection (a) during the preceding fiscal year and plans for
such conveyances for the current fiscal year, the fiscal year
covered by the budget, and the period covered by the current
future-years defense program under section 221 of this title.
``(f) Description of Property.--The exact acreage and legal
description of real property conveyed under subsection (a)
shall be determined by surveys satisfactory to the Secretary
of Defense.
``(g) Additional Terms and Conditions.--The Secretary of
Defense may require such additional terms and conditions in
connection with a conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.''.
(2) The table of sections at the beginning of such
subchapter is amended by adding at the end the following new
item:
``2869. Conveyance of property at military installations closed or to
be closed in exchange for military construction
activities.''.
(b) Exception to Requirement for Authorization of Number of
Housing Units.--Section 2822 of such title is amended by
adding at the end the following new paragraph:
``(6) Housing units constructed or provided under section
2869 of this title.''.
(c) Conforming Amendment to Department of Defense Housing
Improvement Fund.--Section 2883(b) of such title, as amended
by section 2803, is further amended by adding at the end the
following new paragraph:
``(6) Any amounts that the Secretary concerned transfers to
the Fund pursuant to section 2869 of this title.''.
(d) Conforming Repeals to Base Closure Laws.--(1) Section
204(e) of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note) is repealed.
(2) Section 2905(f) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is repealed.
SEC. 2806. CONGRESSIONAL NOTIFICATION AND REPORTING
REQUIREMENTS AND LIMITATIONS REGARDING USE OF
OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION.
(a) In General.--Subchapter I of chapter 169 of title 10,
United States Code, is amended by inserting after section
2809 the following new section:
``Sec. 2810. Use of operation and maintenance funds for
construction: notification and reporting requirements and
limitations
``(a) Advance Notification of Obligation of Funds.--(1) The
Secretary concerned shall submit to the appropriate
committees of Congress advance written notice before
appropriations available for operation and maintenance are
obligated for construction described in paragraph (2). The
notice shall be submitted not later than 14 days before the
date on which appropriations available for operation and
maintenance are first obligated for that construction and
shall contain the information required by subsection (c).
``(2) Paragraph (1) applies with respect to any
construction having an estimated total cost of more than
$1,500,000, but not more than $5,000,000, which is paid for
in whole or in part using appropriations available for
operation and maintenance, if--
``(A) the construction is necessary to meet urgent military
operational requirements of a temporary nature;
``(B) the construction was not carried out at a military
installation where the United States is reasonably expected
to have a long-term interest or presence;
``(C) the United States has no intention of using the
construction after the operational requirement has been
satisfied; and
``(D) the level of construction is the minimum necessary to
meet the temporary operational need.
``(b) Waiver Authority; Congressional Notification.--(1)
The Secretary concerned may waive the advance notice
requirement under subsection (a) on a case-by-case basis if
the Secretary determines that--
``(A) the project is vital to the national security or to
the protection of health, safety, or the quality of the
environment; and
``(B) the requirement for the construction is so urgent
that deferral of the construction during the period specified
in subsection (a)(1) would be inconsistent with national
security or the protection of health, safety, or
environmental quality, as the case may be.
``(2) Not later than five days after the date on which a
waiver is granted under paragraph (1), the Secretary
concerned shall provide to the appropriate committees of
Congress written notice containing the reasons for the waiver
and the information required by subsection (c) with regard to
the construction for which the waiver was granted.
``(c) Content of Notice.--The notice provided under
subsection (a) or (b) with regard to construction funded
using appropriations available for operation and maintenance
shall include the following:
``(1) A description of the purpose for which the funds are
being obligated.
``(2) An estimate of the total amount to be obligated for
the construction.
``(3) The reasons appropriations available for operation
and maintenance are being used.
``(d) Limitations on Use of Operation and Maintenance
Funds.--(1) The Secretary concerned shall not use
appropriations available for operation and maintenance to
carry out any construction having an estimated total cost of
more than $5,000,000.
``(2) The total cost of construction carried out by the
Secretaries concerned in whole or in part using
appropriations available for operation and maintenance shall
not exceed $200,000,000 in any fiscal year.
``(e) Quarterly Report.--The Secretary concerned shall
submit to the appropriate committees of Congress a quarterly
report on the worldwide obligation and expenditure of
appropriations available for operation and maintenance by the
Secretary concerned for construction during the preceding
quarter.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2809 the following new item:
``2810. Use of operation and maintenance funds for construction:
notification and reporting requirements and
limitations.''.
[[Page H4477]]
SEC. 2807. INCREASE IN AUTHORIZED MAXIMUM LEASE TERM FOR
FAMILY HOUSING AND OTHER FACILITIES IN CERTAIN
FOREIGN COUNTRIES.
(a) Lease of Military Family Housing.--Section 2828(d)(1)
of title 10, United States Code, is amended by striking ``ten
years,'' and inserting ``10 years, or 15 years in the case of
leases in Korea,''.
(b) Leases of Other Facilities.--Section 2675 of such title
is amended by inserting after ``five years,'' the following:
``or 15 years in the case of a lease in Korea,''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. REAL PROPERTY TRANSACTIONS.
(a) Increase in Land Acquisition Authority Cost
Threshold.--Section 2672 of title 10, United States Code, is
amended by striking ``$500,000'' both places it appears and
inserting ``$1,500,000''.
(b) Prompt Notification of Certain Land Acquisitions.--
Section 2672a of such title is amended--
(1) in subsection (a)(1), by striking ``he or his
designee'' and inserting ``the Secretary'';
(2) in subsection (b), by striking the last sentence; and
(3) by adding at the end the following new subsection:
``(c) Not later than 10 days after the determination is
made under subsection (a)(1) that acquisition of an interest
in land is needed in the interest of the national defense,
the Secretary of the military department making that
determination shall provide to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives written notice containing a
description of the property and interest to be acquired and
the reasons for the acquisition.''.
(c) Modification of Related Notification Requirements.--
Section 2662 of such title is amended--
(1) in subsection (a)--
(A) by striking ``30 days'' and all that follows through
``is submitted'' and inserting ``14 days after the beginning
of the month with respect to which a single report containing
the facts concerning such transaction and all other such
proposed transactions for that month is submitted, not later
than the first day of that month,''; and
(B) by striking ``$500,000'' each place it appears and
inserting ``$1,500,000'';
(2) in subsection (b), by striking ``more than'' and all
that follows through ``$500,000'' and inserting ``more than
$250,000 but not more than $1,500,000'';
(3) in subsection (e)--
(A) by striking ``$500,000'' and inserting ``$1,000,000'';
and
(B) by striking ``thirty days'' and inserting ``14 days'';
and
(4) in subsection (g)(3), by striking ``30 days'' and
inserting ``14 days''.
(d) Clerical Amendments.--(1) The heading of section 2672
of such title is amended to read as follows:
``Sec. 2672. Authority to acquire low-cost interests in
land''.
(2) The item relating to section 2672 in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
``2672. Authority to acquire low-cost interests in land.''.
Subtitle C--Land Conveyances
SEC. 2821. TERMINATION OF LEASE AND CONVEYANCE OF ARMY
RESERVE FACILITY, CONWAY, ARKANSAS.
(a) Termination of Lease.--Upon the completion of the
replacement facility authorized for the Army Reserve facility
located in Conway, Arkansas, the Secretary of the Army may
terminate the 99-year lease between the Secretary and the
University of Central Arkansas for the property on which the
old facility is located.
(b) Conveyance of Facility.--As part of the termination of
the lease under subsection (a), the Secretary may convey,
without consideration, to the University of Central Arkansas
all right, title, and interest of the United States in and to
the Army Reserve facility located on the leased property.
(c) Assumption of Liability.--The University of Central
Arkansas shall expressly accept any and all liability
pertaining to the physical condition of the Army Reserve
facility conveyed under subsection (b) and shall hold the
United States harmless from any and all liability arising
from the facility's physical condition.
SEC. 2822. ACTIONS TO QUIET TITLE, FALLIN WATERS SUBDIVISION,
EGLIN AIR FORCE BASE, FLORIDA.
(a) Authority to Quiet Title.--Notwithstanding the
restoration provisions under the heading ``quartermaster
corps'' in the Second Deficiency Appropriation Act, 1940 (Act
of June 27, 1940; chapter 437; 54 Stat. 655), the Secretary
of the Air Force may take appropriate action to quiet title
to tracts of land referred to in paragraph (2) on, at,
adjacent, adjoining, or near Eglin Air Force Base, Florida.
The Secretary may take such action in order to resolve
encroachments upon private property by the United States and
upon property of the United States by private parties, which
resulted from reliance on inaccurate surveys.
(2) The tracts of land referred to in paragraph (1) are
generally described as south of United States Highway 98 and
bisecting the north/south section line of sections 13 and 14,
township 2 south, range 25 west, located in the platted
subdivision of Fallin Waters, Okaloosa County, Florida. The
exact acreage and legal description of such tracts of land
shall be determined by a survey satisfactory to the
Secretary.
(b) Authorized Actions.--In carrying out subsection (a),
appropriate action by the Secretary may include any of the
following:
(1) Disclaiming, on behalf of the United States, any intent
by the United States to acquire by prescription any property
at or in the vicinity of Eglin Air Force Base.
(2) Disposing of tracts of land owned by the United States.
(3) Acquiring tracts of land by purchase, by donation, or
by exchange for tracts of land owned by the United States at
or adjacent to Eglin Air Force Base.
(c) Acreage Limitations.--Individual tracts of land
acquired or conveyed by the Secretary under paragraph (2) or
(3) of subsection (a) may not exceed .10 acres. The total
acreage so acquired may not exceed two acres.
(d) Consideration.--Any conveyance by the Secretary under
this section may be made, at the discretion of the Secretary,
without consideration, or by exchange for tracts of land
adjoining Eglin Air Force Base in possession of private
parties who mistakenly believed that they had acquired title
to such tracts.
SEC. 2823. MODIFICATION OF LAND CONVEYANCE, EGLIN AIR FORCE
BASE, FLORIDA.
(a) Modification.--Public Law 91-347 (84 Stat. 447) is
amended--
(1) in the first section, by inserting ``or for other
public purposes'' before the period at the end; and
(2) in section 3(1)--
(A) by inserting ``or for other public purposes'' after
``schools''; and
(B) by striking ``such purpose'' and inserting ``such a
purpose''.
(b) Alteration of Legal Instrument.--The Secretary of the
Air Force shall execute and file in the appropriate office an
amended deed or other appropriate instrument effectuating the
modification of the reversionary interest retained by the
United States in connection with the conveyance made pursuant
to Public Law 91-347.
SEC. 2824. LAND CONVEYANCE, FORT CAMPBELL, KENTUCKY AND
TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the department of transportation of the State of
Tennessee (in this section referred to as the ``department'')
all right, title, and interest of the United States in and to
a parcel of real property (right-of-way), including any
improvements thereon, located at Fort Campbell, Kentucky and
Tennessee, for the purpose of realigning and upgrading United
States Highway 79 from a two-lane highway to a four-lane
highway.
(b) Consideration.--(1) As consideration for the conveyance
under subsection (a), the department shall pay from any
source (including Federal funds made available to the State
from the Highway Trust Fund) all of the costs of the
Secretary incurred--
(A) to convey the property, including costs related to the
preparation of documents under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), surveys
(including all surveys required under subsection (c)),
cultural reviews, and administrative oversight;
(B) to relocate a cemetery to permit the highway
realignment and upgrading;
(C) to acquire approximately 200 acres of mission-essential
replacement property required to support the training mission
at Fort Campbell; and
(D) to dispose of residual Federal property located south
of the realigned highway.
(2) The Secretary may accept funds under this subsection
from the Federal Highway Administration or the State of
Tennessee to pay costs described in paragraph (1) and credit
them to the appropriate Department of the Army accounts for
the purpose of paying such costs.
(3) All funds accepted by the Secretary under this
subsection shall remain available until expended.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) or acquired and disposed of under section (b) shall be
determined by surveys satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2825. LAND CONVEYANCE, ARMY AND AIR FORCE EXCHANGE
SERVICE PROPERTY, DALLAS, TEXAS.
(a) Conveyance Authorized.--The Secretary of Defense may
authorize the Army and Air Force Exchange Service, a
nonappropriated fund instrumentality of the United States, to
convey, by sale, all right, title, and interest of the United
States in and to a parcel of real property, including any
improvements thereon, located at 1515 Roundtable Drive in
Dallas, Texas.
(b) Consideration.--As consideration for conveyance under
subsection (a), the purchaser shall pay to the Secretary, in
a single lump sum payment, an amount equal to the fair market
value of the real property conveyed, as determined by the
Secretary. Section 574(a) of title 40, United States Code,
shall apply with respect to the amounts received by the
Secretary under this subsection.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the purchaser.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
[[Page H4478]]
SEC. 2826. LAND CONVEYANCE, NAVAL RESERVE CENTER, ORANGE,
TEXAS.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the City of Orange, Texas (in this section referred
to as the ``City''), all right, title, and interest of the
United States in and to a parcel of unimproved real property
consisting of approximately 2.5 acres at Naval Reserve
Center, Orange, Texas for the purpose of permitting the City
to use the property for road construction, economic
development, and other public purposes.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall provide the United
States, whether by cash payment, in-kind contribution, or a
combination thereof, an amount that is not less than the fair
market value, as determined by the Secretary, of the property
conveyed under such subsection.
(c) Payment of Costs of Conveyance.--(1) The Secretary may
require the City to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to
environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the
City in advance of the Secretary incurring the actual costs,
and the amount collected exceeds the costs actually incurred
by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the City.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with amounts
in such fund or account, and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Exemption From Federal Screening.--The conveyance
authorized by subsection (a) is exempt from the requirement
to screen the property for other Federal use pursuant to
sections 2693 and 2696 of title 10, United States Code.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
Subtitle D--Other Matters
SEC. 2841. REDESIGNATION OF YUMA TRAINING RANGE COMPLEX AS
BOB STUMP TRAINING RANGE COMPLEX.
The military aviation training facility located in
southwestern Arizona and southeastern California and known as
the Yuma Training Range Complex shall be known and designated
as the ``Bob Stump Training Range Complex''. Any reference to
such training range complex in any law, regulation, map,
document, record, or other paper of the United States shall
be considered to be a reference to the Bob Stump Training
Range Complex.
SEC. 2842. MODIFICATION OF AUTHORITY TO CONDUCT A ROUND OF
REALIGNMENTS AND CLOSURES OF MILITARY
INSTALLATIONS IN 2005.
(a) Revision to Force Structure Plan for 2005 Round.--
Section 2912(a) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note), as added by section 3001 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1342), is amended--
(1) by striking subparagraph (A) of paragraph (1) and
inserting the following:
``(A) A force-structure plan for the Armed Forces that--
``(i) at a minimum, assumes the force structure under the
1991 Base Force force structure (as defined in paragraph (5))
that is also known as the `Cheney-Powell force structure';
and
``(ii) includes such consideration as the Secretary
considers appropriate of an assessment by the Secretary of--
``(I) the probable threats to the national security during
the 20-year period beginning with fiscal year 2005;
``(II) the probable end-strength levels and major military
force units (including land force divisions, carrier and
other major combatant vessels, air wings, and other
comparable units) needed to meet those threats; and
``(III) the anticipated levels of funding that will be
available for national defense purposes during such
period.'';
(2) in paragraph (2)(A), by inserting before the period at
the end the following: ``, based upon an assumption that
there are no installations available outside the United
States for the permanent basing of elements of the Armed
Forces'';
(3) in paragraph (4), by inserting after the first sentence
the following new sentence: ``Any such revision shall be
consistent with this subsection.''; and
(4) by adding at the end the following new paragraph:
``(5) Base force.--In this subsection, the term `1991 Base
Force force structure' means the force structure plan for the
Armed Forces, known as the `Base Force', that was adopted by
the Secretary of Defense in November 1990 based upon
recommendations of the Chairman of the Joint Chiefs of Staff
and as incorporated in the President's budget for fiscal year
1992, as submitted to Congress in February 1991 and that
assumed the following force structure:
``(A) For the Department of Defense, 1,600,000 members of
the Armed Forces on active duty and 900,000 members in an
active status in the reserve components.
``(B) For the Army, 12 active divisions, six National Guard
divisions, and two cadre divisions or their equivalents.
``(C) For the Navy, 12 aircraft carrier battle groups or
their equivalents and 451 naval vessels, including 85 attack
submarines.
``(D) For the Marine Corps, three active and one Reserve
divisions and three active and one Reserve air wings.
``(E) For the Air Force, 15 active fighter wings and 11
National Guard fighter wings or their equivalents.''.
(b) Preparation of List of Military Installations Excluded
from Consideration in 2005 Round.--Section 2913 of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as
added by section 3002 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1344), is amended by adding at the end the following new
subsections:
``(g) Base Exclusion Criteria.--In preparing the selection
criteria required by this section that will be used in making
recommendations for the closure or realignment of military
installations inside the United States, the Secretary shall
ensure that the final criteria reflect the requirement to
develop a list of those military installations to be excluded
from the base closure and realignment process, as provided in
subsection (h).
``(h) List of Installations Excluded From Consideration for
Closure or Realignment.--(1) Before preparing the list
required by section 2914(a) of the military installations
inside the United States that the Secretary recommends for
closure or realignment, the Secretary shall prepare a list of
core military installations that the Secretary considers
absolutely essential to the national defense and that should
not be considered for closure.
``(2) Not later than April 1, 2005, the Secretary shall
submit to the congressional defense committees, publish in
the Federal Register, and send to the Commission the list
required by paragraph (1). The list shall contain at least 50
percent of the total number of military installations located
inside the United States as of the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2004.
``(3) The Commission shall consider the list based on the
final criteria developed under subsection (e). The Commission
may modify this list, in the manner provided in section
2903(d) and section 2914(d), if the Commission finds that the
inclusion of a military installation on the list
substantially violates the criteria. The Commission shall
forward to the President, not later than April 30, 2005, a
report containing its recommendations regarding the list,
which must comply with the percentages specified in paragraph
(2). The Comptroller General shall also comply with section
2903(d)(5) by that date.
``(4) If the Commission submits a report to the President
under paragraph (3), the President shall notify Congress, not
later than May 10, 2005, regarding whether the President
approves or disapproves the report. If the President
disapproves the report, the Commission shall be dissolved,
and the process by which military installations may be
selected for closure or realignment under this part in 2005
shall be terminated.
``(5) A military installation included on the exclusion
list approved under this subsection may not be included on
the closure and realignment list prepared under section
2914(a) or otherwise considered for closure or realignment as
part of the base closure process in 2005.''.
SEC. 2843. USE OF FORCE-STRUCTURE PLAN FOR THE ARMED FORCES
IN PREPARATION OF SELECTION CRITERIA FOR BASE
CLOSURE ROUND.
Section 2913(a) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note), as added by section 3002 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1344), is amended by adding at the end the
following new paragraph:
``(3) Use of force-structure plan.--In preparing the
proposed and final criteria to be used by the Secretary in
making recommendations under section 2914 for the closure or
realignment of military installations inside the United
States, the Secretary shall use the force-structure plan for
the Armed Forces prepared under section 2912(a).''
SEC. 2844. REQUIREMENT FOR UNANIMOUS VOTE OF DEFENSE BASE
CLOSURE AND REALIGNMENT COMMISSION TO RECOMMEND
CLOSURE OF MILITARY INSTALLATION NOT
RECOMMENDED FOR CLOSURE BY SECRETARY OF
DEFENSE.
Section 2914(d) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note), as added by section 3003 of the Military
Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 155 Stat, 1346) and amended by
section 2854 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2728), is amended--
(1) in paragraph (3), by striking ``to add'' and inserting
``to consider additions''; and
(2) in paragraph (5)--
(A) by inserting ``and unanimous vote'' after ``Site
visit''; and
(B) by inserting before the period at the end the
following: ``and the decision of the Commission to recommend
the closure of the installation is unanimous''.
[[Page H4479]]
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2004 for the activities of the National Nuclear
Security Administration in carrying out programs necessary
for national security in the amount of $8,822,075,000, to be
allocated as follows:
(1) For weapons activities, $6,393,000,000.
(2) For defense nuclear nonproliferation activities,
$1,312,695,000.
(3) For naval reactors, $768,400,000.
(4) For the Office of the Administrator for Nuclear
Security, $347,980,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for weapons activities, the following new plant projects:
Project 04-D-101, test capabilities revitalization, Sandia
National Laboratories, Albuquerque, New Mexico, $36,450,000.
Project 04-D-102, exterior communications infrastructure
modernization, Sandia National Laboratories, Albuquerque, New
Mexico, $20,000,000.
Project 04-D-103, project engineering and design, various
locations, $2,000,000.
Project 04-D-104, national security sciences building, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$38,000,000.
Project 04-D-125, chemistry and metallurgy facility
replacement project, Los Alamos National Laboratory, Los
Alamos, New Mexico, $20,500,000.
Project 04-D-126, Building 12-44 production cells upgrade,
Pantex plant, Amarillo, Texas, $8,780,000.
Project 04-D-127, cleaning and loading modifications,
Savannah River Site, Aiken, South Carolina, $2,750,000.
Project 04-D-128, TA-18 Mission relocation project, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$8,820,000.
Project 04-D-203, facilities and infrastructure
recapitalization program, project engineering and design,
various locations, $3,719,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2004 for environmental management activities in
carrying out programs necessary for national security in the
amount of $6,819,314,000, to be allocated as follows:
(1) For defense site acceleration completion,
$5,824,135,000.
(2) For defense environmental services, $995,179,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for defense site acceleration completion, the following new
plant projects:
Project 04-D-408, glass waste storage building #2, Savannah
River Site, Aiken, South Carolina, $20,259,000.
Project 04-D-414, project engineering and design, various
locations, $23,500,000.
Project 04-D-423, 3013 container surveillance capability in
235-F, Savannah River Site, Aiken, South Carolina,
$1,134,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2004 for other defense
activities in carrying out programs necessary for national
security in the amount of $497,331,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2004 for defense nuclear
waste disposal for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10222(c)) in the amount of $430,000,000.
SEC. 3105. ENERGY SUPPLY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2004 for energy supply
activities in carrying out programs necessary for national
security in the amount of $110,473,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. MODIFICATION OF PROHIBITION RELATING TO LOW-YIELD
NUCLEAR WEAPONS.
Section 3136 of the National Defense Authorization Act for
Fiscal Year 1994 (42 U.S.C. 2121 note) is amended--
(1) in the section heading, by striking ``RESEARCH AND
DEVELOPMENT'' and inserting ``DEVELOPMENT AND PRODUCTION'';
(2) in subsection (a), by striking ``conduct research and
development which could lead to the production by the United
States of'' and insert ``develop or produce'';
(3) in subsection (b)--
(A) by striking ``conduct, or provide for the conduct of,
research and development which could lead to the production
by the United States of'' and insert ``develop, produce, or
provide for the development or production of,''; and
(B) by striking ``the date of the enactment of this Act,''
and inserting ``November 30, 1993,'';
(4) in subsection (c)--
(A) by striking ``Research and'' in the subsection heading;
(B) by striking ``research and'' in the matter preceding
paragraph (1); and
(C) by inserting ``, including assessment of low-yield
nuclear weapons development by other nations that may pose a
national security risk to the United States'' before the
period at the end of paragraph (3);
(5) by redesignating subsection (d) as subsection (e); and
(6) by inserting after subsection (c) the following new
subsection (d):
``(d) Effect on Studies and Design Work.--Nothing in this
section shall prohibit the Secretary of Energy from
conducting, or providing for the conduct of, concept
definition studies, feasibility studies, or detailed
engineering design work.''.
SEC. 3112. TERMINATION OF REQUIREMENT FOR ANNUAL UPDATES OF
LONG-TERM PLAN FOR NUCLEAR WEAPONS STOCKPILE
LIFE EXTENSION PROGRAM.
Section 3133 of the National Defense Authorization Act for
Fiscal Year 2000 (42 U.S.C. 2121 note) is amended by adding
at the end the following new subsection:
``(g) Termination of Annual Updates.--Effective December
31, 2004, the requirements of subsections (c), (d), (e), and
(f) shall terminate.''.
SEC. 3113. EXTENSION TO ALL DOE FACILITIES OF AUTHORITY TO
PROHIBIT DISSEMINATION OF CERTAIN UNCLASSIFIED
INFORMATION.
Subsection a. of section 148 of the Atomic Energy Act of
1954 (42 U.S.C. 2168) is amended in paragraph (1)--
(1) in the matter preceding subparagraph (A), by striking
``, with respect to atomic energy defense programs,'';
(2) in subparagraph (A), by striking ``production
facilities or utilization facilities'' and inserting
``production facilities, utilization facilities, nuclear
waste storage facilities, or uranium enrichment facilities,
or any other facilities at which activities relating to
nuclear weapons or nuclear materials are carried out, that
are under the control or jurisdiction of the Secretary of
Energy''; and
(3) in subparagraph (B), by striking ``production or
utilization facilities'' and inserting ``such facilities''.
SEC. 3114. DEPARTMENT OF ENERGY PROJECT REVIEW GROUPS NOT
SUBJECT TO FEDERAL ADVISORY COMMITTEE ACT BY
REASON OF INCLUSION OF EMPLOYEES OF DEPARTMENT
OF ENERGY MANAGEMENT AND OPERATING CONTRACTORS.
An officer or employee of a management and operating
contractor of the Department of Energy, when serving as a
member of a group reviewing or advising on matters related to
any one or more management and operating contracts of the
Department, shall be treated as an officer or employee of the
Department for purposes of determining whether the group is
an advisory committee within the meaning of section 3 of the
Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 3115. AVAILABILITY OF FUNDS.
Section 3628 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2760; 42 U.S.C. 7386h) is amended to read as
follows:
``SEC. 3628. AVAILABILITY OF FUNDS.
``(a) In General.--Except as provided in subsection (b),
amounts appropriated pursuant to a DOE national security
authorization for a fiscal year--
``(1) shall remain available to be expended only in that
fiscal year and the two succeeding fiscal years, in the case
of amounts for the National Nuclear Security Administration;
and
``(2) may, when so specified in an appropriations Act,
remain available until expended, in all other cases.
``(b) Program Direction.--Amounts appropriated pursuant to
a DOE national security authorization for a fiscal year for
program direction shall remain available to be obligated only
until the end of that fiscal year.''.
SEC. 3116. LIMITATION ON OBLIGATION OF FUNDS FOR NUCLEAR TEST
READINESS PROGRAM.
Not more than 40 percent of the funds made available to the
Secretary of Energy for fiscal year 2004 for the Nuclear Test
Readiness program of the Department of Energy may be
obligated until--
(1) the Secretary of Energy submits to the Committees on
Armed Services of the Senate and the House of Representatives
the report required by section 3142(c) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 116 Stat. 2733), relating to plans for
achieving enhanced readiness postures for resumption by the
United States of underground nuclear weapons tests; and
(2) a period of 30 days has passed after the date on which
such report is received by those committees.
SEC. 3117. REQUIREMENT FOR ON-SITE MANAGERS.
(a) On-Site Manager Requirement.--Before obligating any
defense nuclear nonproliferation funds for a project
described in subsection (b), the Secretary of Energy shall
appoint a United States Federal Government employee as an on-
site manager.
(b) Projects Covered.--Subsection (a) applies to a
project--
(1) to be located in a state of the former Soviet Union;
(2) which involves dismantlement, destruction, or storage
facilities, or construction of a facility; and
(3) with respect to which the total contribution by the
Department of Energy is expected to exceed $25,000,000.
(c) Duties of On-Site Manager.--The on-site manager
appointed under subsection (a) shall--
[[Page H4480]]
(1) develop, in cooperation with representatives from
governments of countries participating in the project, a list
of those steps or activities critical to achieving the
project's disarmament or nonproliferation goals;
(2) establish a schedule for completing those steps or
activities;
(3) meet with all participants to seek assurances that
those steps or activities are being completed on schedule;
and
(4) suspend United States participation in a project when a
non-United States participant fails to complete a scheduled
step or activity on time, unless directed by the Secretary of
Energy to resume United States participation.
(d) Steps or Activities.--Steps or activities referred to
in subsection (c)(1) are those activities that, if not
completed, will prevent a project from achieving its
disarmament or nonproliferation goals, including, at a
minimum, the following:
(1) Identification and acquisition of permits (as defined
in subsection (f)).
(2) Verification that the items, substances, or
capabilities to be dismantled, secured, or otherwise modified
are available for dismantlement, securing, or modification.
(3) Timely provision of financial, personnel, management,
transportation, and other resources.
(e) Notification to Congress.--In any case in which the
Secretary of Energy directs an on-site manager to resume
United States participation in a project under subsection
(c)(4), the Secretary shall concurrently notify Congress of
such direction.
(f) Permit Defined.--In this section, the term ``permit''
means any local or national permit for development, general
construction, environmental, land use, or other purposes that
is required in the state of the former Soviet Union in which
the project is being or is proposed to be carried out.
(g) Effective Date.--This section shall take effect six
months after the date of the enactment of this Act.
Subtitle C--Consolidation of National Security Provisions
SEC. 3121. TRANSFER AND CONSOLIDATION OF RECURRING AND
GENERAL PROVISIONS ON DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS.
(a) Purpose.--
(1) In general.--The purpose of this section is to assemble
together, without substantive amendment but with technical
and conforming amendments of a non-substantive nature,
recurring and general provisions of law on Department of
Energy national security programs that remain in force in
order to consolidate and organize such provisions of law into
a single Act intended to comprise general provisions of law
on such programs.
(2) Construction of transfers.--The transfer of a provision
of law by this section shall not be construed as amending,
altering, or otherwise modifying the substantive effect of
such provision.
(3) Coordination with other amendments.--For purposes of
applying amendments made by provisions of this Act other than
provisions of this section, this section shall be treated as
having been enacted immediately after the other provisions of
this Act.
(4) Treatment of satisfied requirements.--Any requirement
in a provision of law transferred under this section
(including a requirement that an amendment to law be
executed) that has been fully satisfied in accordance with
the terms of such provision of law as of the date of transfer
under this section shall be treated as so fully satisfied,
and shall not be treated as being revived solely by reason of
transfer under this section.
(5) Classification.--The provisions of the Atomic Energy
Defense Act, as amended by this section, shall be classified
to the United States Code as a new chapter of title 50,
United States Code.
(b) Division Heading.--The Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314)
is amended by adding at the end the following new division
heading:
``DIVISION D--ATOMIC ENERGY DEFENSE PROVISIONS''.
(c) Short Title; Definition.--
(1) Short title.--Section 3601 of the Atomic Energy Defense
Act (title XXXVI of Public Law 107-314; 116 Stat. 2756) is--
(A) transferred to the end of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003;
(B) redesignated as section 4001;
(C) inserted after the heading for division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as added by subsection (b); and
(D) amended by striking ``title'' and inserting
``division''.
(2) Definition.--Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this section, is further amended by adding at the end the
following new section:
``SEC. 4002. DEFINITION.
``In this division, the term `congressional defense
committees' means--
``(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.''.
(d) Organizational Matters.--
(1) Title heading.--Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this section, is further amended by adding at the end the
following:
``TITLE XLI--ORGANIZATIONAL MATTERS''.
(2) Naval nuclear propulsion program.--Section 1634 of the
Department of Defense Authorization Act, 1985 (Public Law 98-
525; 98 Stat. 2649) is--
(A) transferred to title XLI of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
added by paragraph (1);
(B) inserted after the title heading for such title, as so
added; and
(C) amended--
(i) by striking the section heading and inserting the
following new section heading:
``SEC. 4101. NAVAL NUCLEAR PROPULSION PROGRAM.''; AND
(ii) by striking ``Sec. 1634.''.
(3) Management structure for facilities and laboratories.--
Section 3140 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2833) is--
(A) transferred to title XLI of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4102;
(C) inserted after section 4101, as added by paragraph (2);
and
(D) amended in subsection (d)(2), by striking ``120 days
after the date of the enactment of this Act,'' and inserting
``January 21, 1997,''.
(4) Restriction on licensing requirements for certain
activities and facilities.--Section 210 of the Department of
Energy National Security and Military Applications of Nuclear
Energy Authorization Act of 1981 (Public Law 96-540; 94 Stat.
3202) is--
(A) transferred to title XLI of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) inserted after section 4102, as added by paragraph (3);
and
(C) amended--
(i) by striking the section heading and inserting the
following new section heading:
``SEC. 4103. RESTRICTION ON LICENSING REQUIREMENT FOR CERTAIN
DEFENSE ACTIVITIES AND FACILITIES.'';
(ii) by striking ``Sec. 210.''; and
(iii) by striking ``this or any other Act'' and inserting
``the Department of Energy National Security and Military
Applications of Nuclear Energy Authorization Act of 1981
(Public Law 96-540) or any other Act''.
(e) Nuclear Weapons Stockpile Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the
following new headings:
``TITLE XLII--NUCLEAR WEAPONS STOCKPILE MATTERS
``Subtitle A--Stockpile Stewardship and Weapons Production''.
(2) Stockpile stewardship program.--Section 3138 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1946), as amended by section
3152(e) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 2042), is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as added by paragraph (1);
(B) redesignated as section 4201; and
(C) inserted after the heading for subtitle A of such
title, as so added.
(3) Stockpile stewardship criteria.--Section 3158 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2257), as amended,
is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4202; and
(C) inserted after section 4201, as added by paragraph (2).
(4) Plan for stewardship, management, and certification of
warheads in stockpile.--Section 3151 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 2041) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4203; and
(C) inserted after section 4202, as added by paragraph (3).
(5) Stockpile life extension program.--Section 3133 of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 926) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4204;
(C) inserted after section 4203, as added by paragraph (4);
and
(D) amended in subsection (c)(1) by striking ``the date of
the enactment of this Act'' and inserting ``October 5,
1999''.
(6) Annual assessments and reports on condition of
stockpile.--Section 3141 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2730) is--
(A) transferred to title XLII of division D of such Act, as
amended by this subsection;
(B) redesignated as section 4205;
(C) inserted after section 4204, as added by paragraph (5);
and
(D) amended in subsection (d)(3)(B) by striking ``section
3137 of the National Defense Authorization Act for Fiscal
Year 1996 (42 U.S.C. 2121 note)'' and inserting ``section
4212''.
[[Page H4481]]
(7) Form of certain certifications regarding stockpile.--
Section 3194 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-481) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4206; and
(C) inserted after section 4205, as added by paragraph (6).
(8) Nuclear test ban readiness program.--Section 1436 of
the National Defense Authorization Act, Fiscal Year 1989
(Public Law 100-456; 102 Stat. 2075) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4207;
(C) inserted after section 4206, as added by paragraph (7);
and
(D) amended in the section heading by adding a period at
the end.
(9) Study on nuclear test readiness postures.--Section 3152
of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 623), as amended by
section 3192 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-480), is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4208; and
(C) inserted after section 4207, as added by paragraph (8).
(10) Requirements for requests for new or modified nuclear
weapons.--Section 3143 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2733) is--
(A) transferred to title XLII of division D of such Act, as
amended by this subsection;
(B) redesignated as section 4209; and
(C) inserted after section 4208, as added by paragraph (9).
(11) Limitation on underground nuclear weapons tests.--
Subsection (f) of section 507 of the Energy and Water
Development Appropriations Act, 1993 (Public Law 102-337; 106
Stat. 1345) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after section 4209, as added by paragraph
(10); and
(C) amended--
(i) by inserting before the text the following new section
heading:
``SEC. 4210. LIMITATION ON UNDERGROUND NUCLEAR WEAPONS
TESTS.''; AND
(ii) by striking ``(f)''.
(12) Testing of nuclear weapons.--Section 3137 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1946) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4211;
(C) inserted after section 4210, as added by paragraph
(11); and
(D) amended--
(i) in subsection (a), by inserting ``of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160)'' after ``section 3101(a)(2)''; and
(ii) in subsection (b), by striking ``this Act'' and
inserting ``the National Defense Authorization Act for Fiscal
Year 1994''.
(13) Manufacturing infrastructure for stockpile.--Section
3137 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 620), as amended by
section 3132 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2829), is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4212;
(C) inserted after section 4211, as added by paragraph
(12); and
(D) amended in subsection (d) by inserting ``of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106)'' after ``section 3101(b)''.
(14) Reports on critical difficulties at laboratories and
plants.--Section 3159 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2842), as amended by section 1305 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1954) and section 3163 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 944), is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4213; and
(C) inserted after section 4212, as added by paragraph
(13).
(15) Subtitle heading on tritium.--Title XLII of division D
of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
``Subtitle B--Tritium''.
(16) Tritium production program.--Section 3133 of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 618) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4231;
(C) inserted after the heading for subtitle B of such title
XLII, as added by paragraph (15); and
(D) amended--
(i) by striking ``the date of the enactment of this Act''
each place it appears and inserting ``February 10, 1996'';
and
(ii) in subsection (b), by inserting ``of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106)'' after ``section 3101''.
(17) Tritium recycling.--Section 3136 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 620) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4232; and
(C) inserted after section 4231, as added by paragraph
(16).
(18) Tritium Production.--Subsections (c) and (d) of
section 3133 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2830) are--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after section 4232, as added by paragraph
(17); and
(C) amended--
(i) by inserting before the text the following new section
heading:
``SEC. 4233. TRITIUM PRODUCTION.'';
(ii) by redesignating such subsections as subsections (a)
and (b), respectively; and
(iii) in subsection (a), as so redesignated, by inserting
``of Energy'' after ``The Secretary''.
(19) Modernization and consolidation of tritium recycling
facilities.--Section 3134 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2830) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4234;
(C) inserted after section 4233, as added by paragraph
(18); and
(D) amended in subsection (b) by inserting ``of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201)'' after ``section 3101''.
(20) Procedures for meeting tritium production
requirements.--Section 3134 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 927) is--
(A) transferred to title XLII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4235; and
(C) inserted after section 4234, as added by paragraph
(19).
(f) Proliferation Matters.--
(1) Title heading.--Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended by
this section, is further amended by adding at the end the
following new title heading:
``TITLE XLIII--PROLIFERATION MATTERS''.
(2) International cooperative stockpile stewardship.--
Section 3133 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2036), as
amended by sections 1069 and 3131 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2136, 2246), is--
(A) transferred to title XLIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as added by paragraph (1);
(B) redesignated as section 4301;
(C) inserted after the heading for such title, as so added;
and
(D) amended in subsection (b)(3) by striking ``of this
Act'' and inserting ``of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85)''.
(3) Nonproliferation initiatives and activities.--Section
3136 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 927) is--
(A) transferred to title XLIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4302;
(C) inserted after section 4301, as added by paragraph (2);
and
(D) amended in subsection (b)(1) by striking ``this title''
and inserting ``title XXXI of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65)''.
(4) Annual report on materials protection, control, and
accounting program.--Section 3171 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1645A-475)
is--
(A) transferred to title XLIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4303;
(C) inserted after section 4302, as added by paragraph (3);
and
(D) amended in subsection (c)(1) by striking ``this Act''
and inserting ``the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398)''.
[[Page H4482]]
(5) Nuclear cities initiative.--Section 3172 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1645A-476) is--
(A) transferred to title XLIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4304; and
(C) inserted after section 4303, as added by paragraph (4).
(6) Programs on fissile materials.--Section 3131 of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 617), as amended by section
3152 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2738), is--
(A) transferred to title XLIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4305; and
(C) inserted after section 4304, as added by paragraph (5).
(g) Environmental Restoration and Waste Management
Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the
following new headings:
``TITLE XLIV--ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT MATTERS
``Subtitle A--Environmental Restoration and Waste Management''.
(2) Defense environmental restoration and waste management
account.--Section 3134 of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105
Stat. 1575) is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as added by paragraph (1);
(B) redesignated as section 4401; and
(C) inserted after the heading for subtitle A of such
title, as so added.
(3) Future use plans for environmental management
program.--Section 3153 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2839)
is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4402;
(C) inserted after section 4401, as added by paragraph (2);
and
(D) amended--
(i) in subsection (d), by striking ``the date of the
enactment of this Act'' and inserting ``September 23,
1996,''; and
(ii) in subsection (h)(1), by striking ``the date of the
enactment of this Act'' and inserting ``September 23, 1996''.
(4) Integrated fissile materials management plan.--Section
3172 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 948) is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4403; and
(C) inserted after section 4402, as added by paragraph (3).
(5) Baseline environmental management reports.--Section
3153 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1950), as amended by
section 3160 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3094),
section 3152 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2839), and
section 3160 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2048), is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4404; and
(C) inserted after section 4403, as added by paragraph (4).
(6) Accelerated schedule of environmental restoration and
waste management.--Section 3156 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 625) is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4405;
(C) inserted after section 4404, as added by paragraph (5);
and
(D) amended in subsection (b)(2) by inserting before the
period the following: ``, the predecessor provision to
section 4404 of this Act''.
(7) Defense waste cleanup technology program.--Section 3141
of the National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101-189; 103 Stat. 1679) is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4406;
(C) inserted after section 4405, as added by paragraph (6);
and
(D) amended in the section heading by adding a period at
the end.
(8) Report on environmental restoration expenditures.--
Section 3134 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1833) is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4407;
(C) inserted after section 4406, as added by paragraph (7);
and
(D) amended in the section heading by adding a period at
the end.
(9) Public participation in planning for environmental
restoration and waste management.--Subsection (e) of section
3160 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 3095) is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after section 4407, as added by paragraph (8);
and
(C) amended--
(i) by inserting before the text the following new section
heading:
``SEC. 4408. PUBLIC PARTICIPATION IN PLANNING FOR
ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
AT DEFENSE NUCLEAR FACILITIES.''; AND
(ii) by striking ``(e) Public Participation in Planning.--
''.
(10) Subtitle heading on closure of facilities.--Title XLIV
of division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new
subtitle heading:
``Subtitle B--Closure of Facilities''.
(11) Projects to accelerate closure activities at defense
nuclear facilities.--Section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2836) is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4421;
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (10); and
(D) amended in subsection (i), by striking ``the expiration
of the 15-year period beginning on the date of the enactment
of this Act'' and inserting ``September 23, 2011''.
(12) Reports in connection with permanent closure of
defense nuclear facilities.--Section 3156 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1683) is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4422;
(C) inserted after section 4421, as added by paragraph
(11); and
(D) amended in the section heading by adding a period at
the end.
(13) Subtitle heading on Privatization.--Title XLIV of
division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new
subtitle heading:
``Subtitle C--Privatization''.
(14) Defense environmental management privatization
projects.--Section 3132 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2034)
is--
(A) transferred to title XLIV of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4431;
(C) inserted after the heading for subtitle C of such
title, as added by paragraph (13); and
(D) amended--
(i) in subsections (a), (c)(1)(B)(i), and (d), by inserting
``of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85)'' after ``section 3102(i)''; and
(ii) in subsections (c)(1)(B)(ii) and (f), by striking
``the date of enactment of this Act'' and inserting
``November 18, 1997''.
(h) Safeguards and Security Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the
following new headings:
``TITLE XLV--SAFEGUARDS AND SECURITY MATTERS
``Subtitle A--Safeguards and Security''.
(2) Prohibition on international inspections of facilities
without protection of restricted data.--Section 3154 of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 624) is--
(A) transferred to title XLV of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
added by paragraph (1);
(B) redesignated as section 4501;
(C) inserted after the heading for subtitle A of such
title, as so added; and
(D) amended--
(i) by striking ``(1) The'' and inserting ``The''; and
(ii) by striking ``(2) For purposes of paragraph (1),'' and
inserting ``(c) Restricted Data Defined.--In this section,''.
(3) Restrictions on access to laboratories by foreign
visitors from sensitive countries.--Section 3146 of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 935) is--
(A) transferred to title XLV of division D of the Bob Stump
National Defense Authorization
[[Page H4483]]
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;
(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
[[Page H4484]]
Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
``Subtitle C--Emergency Response''.
(17) Responsibility for defense programs emergency response
program.--Section 3158 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 626)
is--
(A) transferred to title XLV of division D of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4541; and
(C) inserted after the heading for subtitle C of such
title, as added by paragraph (16).
(i) Personnel Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the
following new headings:
``TITLE XLVI--PERSONNEL MATTERS
``Subtitle A--Personnel Management''.
(2) Authority for appointment of certain scientific,
engineering, and technical personnel.--Section 3161 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 3095), as amended by section
3139 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 2040), sections 3152
and 3155 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2253,
2257), and section 3191 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-480), is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as added by paragraph (1);
(B) redesignated as section 4601; and
(C) inserted after the heading for subtitle A of such
title, as so added.
(3) Whistleblower protection program.--Section 3164 of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 946) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4602;
(C) inserted after section 4601, as added by paragraph (2);
and
(D) amended in subsection (n) by striking ``60 days after
the date of the enactment of this Act,'' and inserting
``December 5, 1999,''.
(4) Employee incentives for workers at closure project
facilities.--Section 3136 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-458) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4603;
(C) inserted after section 4602, as added by paragraph (3);
and
(D) amended--
(i) in subsections (c) and (i)(1)(A), by striking ``section
3143 of the National Defense Authorization Act for Fiscal
Year 1997 (42 U.S.C. 7274n)'' and inserting ``section 4421'';
and
(ii) in subsection (g), by striking ``section 3143(h) of
the National Defense Authorization Act for Fiscal Year 1997''
and inserting ``section 4421(h)''.
(5) Defense nuclear facility workforce restructuring
plan.--Section 3161 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644), as
amended by section 1070(c)(2) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
108 Stat. 2857), Public Law 105-277 (112 Stat. 2681-419,
2681-430), and section 1048(h)(1) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107;
115 Stat. 1229), is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4604;
(C) inserted after section 4603, as added by paragraph (4);
and
(D) amended--
(i) in subsection (a), by striking ``(hereinafter in this
subtitle referred to as the `Secretary')''; and
(ii) by adding at the end the following new subsection:
``(g) Department of Energy Defense Nuclear Facility
Defined.--In this section, the term `Department of Energy
defense nuclear facility' means--
``(1) a production facility or utilization facility (as
those terms are defined in section 11 of the Atomic Energy
Act of 1954 (42 U.S.C. 2014)) that is under the control or
jurisdiction of the Secretary and that is operated for
national security purposes (including the tritium loading
facility at Savannah River, South Carolina, the 236 H
facility at Savannah River, South Carolina; and the Mound
Laboratory, Ohio), but the term does not include any facility
that does not conduct atomic energy defense activities and
does not include any facility or activity covered by
Executive Order Number 12344, dated February 1, 1982,
pertaining to the naval nuclear propulsion program;
``(2) a nuclear waste storage or disposal facility that is
under the control or jurisdiction of the Secretary;
``(3) a testing and assembly facility that is under the
control or jurisdiction of the Secretary and that is operated
for national security purposes (including the Nevada Test
Site, Nevada; the Pinnellas Plant, Florida; and the Pantex
facility, Texas);
``(4) an atomic weapons research facility that is under the
control or jurisdiction of the Secretary (including Lawrence
Livermore, Los Alamos, and Sandia National Laboratories); or
``(5) any facility described in paragraphs (1) through (4)
that--
``(A) is no longer in operation;
``(B) was under the control or jurisdiction of the
Department of Defense, the Atomic Energy Commission, or the
Energy Research and Development Administration; and
``(C) was operated for national security purposes.''.
(6) Authority to provide certificate of commendation to
employees.--Section 3195 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-481) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4605; and
(C) inserted after section 4604, as added by paragraph (5).
(7) Subtitle heading on training and education.--Title XLVI
of division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new
subtitle heading:
``Subtitle B--Education and Training''.
(8) Executive management training.--Section 3142 of the
National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 103 Stat. 1680) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4621;
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (7); and
(D) amended in the section heading by adding a period at
the end.
(9) Stockpile stewardship recruitment and training
program.--Section 3131 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3085)
is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4622;
(C) inserted after section 4621, as added by paragraph (8);
and
(D) amended--
(i) in subsection (a)(1), by striking ``section 3138 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1946; 42 U.S.C. 2121 note)''
and inserting ``section 4201''; and
(ii) in subsection (b)(2), by inserting ``of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337)'' after ``section 3101(a)(1)''.
(10) Fellowship program for development of skills critical
to nuclear weapons complex.--Section 3140 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat 621), as amended by section 3162 of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 943), is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4623; and
(C) inserted after section 4622, as added by paragraph (9).
(11) Subtitle heading on worker safety.--Title XLVI of
division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new
subtitle heading:
``Subtitle C--Worker Safety''.
(12) Worker protection at nuclear weapons facilities.--
Section 3131 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1571) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4641;
(C) inserted after the heading for subtitle C of such
title, as added by paragraph (11); and
(D) amended in subsection (e) by inserting ``of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190)'' after ``section 3101(9)(A)''.
(13) Safety oversight and enforcement at defense nuclear
facilities.--Section 3163 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
108 Stat. 3097) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4642;
(C) inserted after section 4641, as added by paragraph
(12); and
(D) amended in subsection (b) by striking ``90 days after
the date of the enactment of this Act,'' and inserting
``January 5, 1995,''.
(14) Program to monitor workers at defense nuclear
facilities exposed to hazardous or radioactive substances.--
Section 3162 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2646) is--
(A) transferred to title XLVI of division D of the Bob
Stump National Defense Authorization
[[Page H4485]]
Act for Fiscal Year 2003, as amended by this subsection;
(B) redesignated as section 4643;
(C) inserted after section 4642, as added by paragraph
(13); and
(D) amended--
(i) in subsection (b)(6), by striking ``1 year after the
date of the enactment of this Act'' and inserting ``October
23, 1993'';
(ii) in subsection (c), by striking ``180 days after the
date of the enactment of this Act,'' and inserting ``April
23, 1993,''; and
(iii) by adding at the end the following new subsection:
``(c) Definitions.--In this section:
``(1) The term `Department of Energy defense nuclear
facility' has the meaning given that term in section 4604(g).
``(2) The term `Department of Energy employee' means any
employee of the Department of Energy employed at a Department
of Energy defense nuclear facility, including any employee of
a contractor of subcontractor of the Department of Energy
employed at such a facility.''.
(j) Budget and Financial Management Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the
following new headings:
``TITLE XLVII--BUDGET AND FINANCIAL MANAGEMENT MATTERS
``Subtitle A--Recurring National Security Authorization Provisions''.
(2) Recurring national security authorization provisions.--
Sections 3620 through 3631 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2756) are--
(A) transferred to title XLVII of division D of such Act,
as added by paragraph (1);
(B) redesignated as sections 4701 through 4712,
respectively;
(C) inserted after the heading for subtitle A of such
title, as so added; and
(D) amended--
(i) in section 4702, as so redesignated, by striking
``sections 3629 and 3630'' and inserting ``sections 4710 and
4711'';
(ii) in section 4706(a)(3)(B), as so redesignated, by
striking ``section 3626'' and inserting ``section 4707'';
(iii) in section 4707(c), as so redesignated, by striking
``section 3625(b)(2)'' and inserting ``section 4706(b)(2)'';
(iv) in section 4710(c), as so redesignated, by striking
``section 3621'' and inserting ``section 4702'';
(v) in section 4711(c), as so redesignated, by striking
``section 3621'' and inserting ``section 4702''; and
(vi) in section 4712, as so redesignated, by striking
``section 3621'' and inserting ``section 4702''.
(3) Subtitle heading on penalties.--Title XLVII of division
D of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
``Subtitle B--Penalties''.
(4) Restriction on use of funds to pay penalties under
environmental laws.--Section 3132 of the National Defense
Authorization Act for Fiscal Year 1987 (Public Law 99-661;
100 Stat. 4063) is--
(A) transferred to title XLVII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4721;
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (3); and
(D) amended in the section heading by adding a period at
the end.
(5) Restriction on use of funds to pay penalties under
clean air act.--Section 211 of the Department of Energy
National Security and Military Applications of Nuclear Energy
Authorization Act of 1981 (Public Law 96-540; 94 Stat. 3203)
is--
(A) transferred to title XLVII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after section 4721, as added by paragraph (4);
and
(C) amended--
(i) by striking the section heading and inserting the
following new section heading:
``SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PENALTIES
UNDER CLEAN AIR ACT.'';
(ii) by striking Sec. 211.''; and
(iii) by striking ``this or any other Act'' and inserting
``the Department of Energy National Security and Military
Applications of Nuclear Energy Authorization Act of 1981
(Public Law 96-540) or any other Act''.
(6) Subtitle heading on other matters.--Title XLVII of
division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new
subtitle heading:
``Subtitle C--Other Matters''.
(7) Single request for authorization of appropriations for
common defense and security programs.--Section 208 of the
Department of Energy National Security and Military
Applications of Nuclear Energy Authorization Act of 1979
(Public Law 95-509; 92 Stat. 1779) is--
(A) transferred to title XLVII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after the heading for subtitle C of such
title, as added by paragraph (6); and
(C) amended--
(i) by striking the section heading and inserting the
following new section heading:
``SEC. 4731. SINGLE REQUEST FOR AUTHORIZATION OF
APPROPRIATIONS FOR COMMON DEFENSE AND SECURITY
PROGRAMS.''; AND
(ii) by striking ``Sec. 208.''.
(k) Administrative Matters.--
(1) Headings.--Division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
section, is further amended by adding at the end the
following new headings:
``TITLE XLVIII--ADMINISTRATIVE MATTERS
``Subtitle A--Contracts''.
(2) Costs not allowed under certain contracts.--Section
1534 of the Department of Defense Authorization Act, 1986
(Public Law 99-145; 99 Stat. 774), as amended by section 3131
of the National Defense Authorization Act for Fiscal Years
1988 and 1989 (Public Law 100-180; 101 Stat. 1238), is--
(A) transferred to title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as added by paragraph (1);
(B) redesignated as section 4801;
(C) inserted after the heading for subtitle A of such
title, as so added; and
(D) amended--
(i) in the section heading, by adding a period at the end;
and
(ii) in subsection (b)(1), by striking ``the date of the
enactment of this Act,'' and inserting ``November 8, 1985,''.
(3) Prohibition on bonuses to contractors operating defense
nuclear facilities.--Section 3151 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 103 Stat. 1682) is--
(A) transferred to title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4802;
(C) inserted after section 4801, as added by paragraph (2);
and
(D) amended--
(i) in the section heading, by adding a period at the end;
(ii) in subsection (a), by striking ``the date of the
enactment of this Act'' and inserting ``November 29, 1989'';
(iii) in subsection (b), by striking ``6 months after the
date of the enactment of this Act,'' and inserting ``May 29,
1990,''; and
(iv) in subsection (d), by striking ``90 days after the
date of the enactment of this Act'' and inserting ``March 1,
1990''.
(4) Contractor liability for injury or loss of property
arising from atomic weapons testing programs.--Section 3141
of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1837) is--
(A) transferred to title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4803;
(C) inserted after section 4802, as added by paragraph (3);
and
(D) amended--
(i) in the section heading, by adding a period at the end;
and
(ii) in subsection (d), by striking ``the date of the
enactment of this Act'' each place it appears and inserting
``November 5, 1990,''.
(5) Subtitle heading on research and development.--Title
XLVIII of division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
subsection, is further amended by adding at the end the
following new subtitle heading:
``Subtitle B--Research and Development''.
(6) Laboratory-directed research and development.--Section
3132 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1832) is--
(A) transferred to title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4811;
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (5); and
(D) amended in the section heading by adding a period at
the end.
(7) Limitations on use of funds for laboratory directed
research and development.--
(A) Limitations on use of funds for laboratory directed
research and development.--Section 3137 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 2038) is--
(i) transferred to title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) redesignated as section 4812;
(iii) inserted after section 4811, as added by paragraph
(6); and
(iv) amended--
(I) in subsection (b), by striking ``section 3136(b) of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2831; 42 U.S.C. 7257b)'' and
inserting ``section 4812A(b)'';
(II) in subsection (d)--
(aa) by striking ``section 3136(b)(1)'' and inserting
``section 4812A(b)(1)''; and
(bb) by striking ``section 3132(c) of the National Defense
Authorization Act for Fiscal Year 1991 (42 U.S.C. 7257a(c))''
and inserting ``section 4811(c)''; and
(III) in subsection (e), by striking ``section 3132(d) of
the National Defense Authorization Act for Fiscal Year 1991
(42 U.S.C. 7257a(d))'' and inserting ``section 4811(d)''.
[[Page H4486]]
(B) Limitation on use of funds for certain research and
development purposes.--Section 3136 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2830), as amended by section 3137 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 2038), is--
(i) transferred to title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) redesignated as section 4812A;
(iii) inserted after section 4812, as added by paragraph
(7); and
(iv) amended in subsection (a) by inserting ``of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201)'' after ``section 3101''.
(8) Critical technology partnerships.--Section 3136 of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190; 105 Stat. 1577), as amended by
section 203(b)(3) of Public Law 103-35 (107 Stat. 102), is--
(A) transferred to title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4813; and
(C) inserted after section 4812A, as added by paragraph
(7)(B).
(9) University-based research collaboration program.--
Section 3155 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2044) is--
(A) transferred to title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4814;
(C) inserted after section 4813, as added by paragraph (8);
and
(D) amended in subsection (c) by striking ``this title''
and inserting ``title XXXI of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85)''.
(10) Subtitle heading on facilities management.--Title
XLVIII of division D of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
subsection, is further amended by adding at the end the
following new subtitle heading:
``Subtitle C--Facilities Management''.
(11) Transfers of real property at certain facilities.--
Section 3158 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2046) is--
(A) transferred to title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4831; and
(C) inserted after the heading for subtitle C of such
title, as added by paragraph (10).
(12) Engineering and manufacturing research, development,
and demonstration at certain nuclear weapons production
plants.--Section 3156 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-467) is--
(A) transferred to title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4832; and
(C) inserted after section 4831, as added by paragraph
(11).
(13) Pilot program on use of proceeds of disposal or
utilization of certain assets.--Section 3138 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 2039) is--
(A) transferred to title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as section 4833;
(C) inserted after section 4832, as added by paragraph
(12); and
(D) amended in subsection (d) by striking ``sections 202
and 203(j) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 483 and 484(j))'' and
inserting ``subchapter II of chapter 5 and section 549 of
title 40, United States Code,''.
(14) Subtitle heading on other matters.--Title XLVIII of
division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new
subtitle heading:
``Subtitle D--Other Matters''.
(15) Semiannual reports on local impact assistance.--
Subsection (f) of section 3153 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 2044) is--
(A) transferred to title XLVIII of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after the heading for subtitle D of such
title, as added by paragraph (14); and
(C) amended--
(i) by inserting before the text the following new section
heading:
``SEC. 4851. SEMIANNUAL REPORTS ON LOCAL IMPACT
ASSISTANCE.'';
(ii) by striking ``(f) Semiannual Reports on Local Impact
Assistance.--''; and
(iii) by striking ``section 3161(c)(6) of the National
Defense Authorization Act of 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
[[Page H4487]]
processing facility.--Section 3141 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2834) is--
(A) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) redesignated as 4911; and
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (7).
(9) Multi-year plan for clean-up.--Subsection (e) of
section 3142 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2834) is--
(A) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after section 4911, as added by paragraph (8);
and
(C) amended--
(i) by inserting before the text the following new section
heading:
``SEC. 4912. MULTI-YEAR PLAN FOR CLEAN-UP.''; AND
(ii) by striking ``(e) Multi-Year Plan for Clean-Up at
Savannah River Site.--The Secretary'' and inserting ``The
Secretary of Energy''.
(10) Continuation of processing, treatment, and disposal of
legacy nuclear materials.--
(A) Fiscal year 2001.--Subsection (a) of section 3137 of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat 1654A-460) is--
(i) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) inserted after section 4912, as added by paragraph
(9); and
(iii) amended--
(I) by inserting before the text the following new section
heading:
``SEC. 4913. CONTINUATION OF PROCESSING, TREATMENT, AND
DISPOSAL OF LEGACY NUCLEAR MATERIALS.''; AND
(II) by striking ``(a) Continuation.--''.
(B) Fiscal year 2000.--Section 3132 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 924) is--
(i) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) redesignated as section 4913A; and
(iii) inserted after section 4913, as added by subparagraph
(A).
(C) Fiscal year 1999.--Section 3135 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2248) is--
(i) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) redesignated as section 4913B; and
(iii) inserted after section 4913A, as added by
subparagraph (B).
(D) Fiscal year 1998.--Subsection (b) of section 3136 of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 2038) is--
(i) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) inserted after section 4913B, as added by subparagraph
(C); and
(iii) amended--
(I) by inserting before the text the following new section
heading:
``SEC. 4913C. CONTINUATION OF PROCESSING, TREATMENT, AND
DISPOSAL OF LEGACY NUCLEAR MATERIALS.''; AND
(II) by striking ``(b) Requirement for Continuing
Operations at Savannah River Site.--''.
(E) Fiscal year 1997.--Subsection (f) of section 3142 of
the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2836) is--
(i) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) inserted after section 4913C, as added by subparagraph
(D); and
(iii) amended--
(I) by inserting before the text the following new section
heading:
``SEC. 4913D. CONTINUATION OF PROCESSING, TREATMENT, AND
DISPOSAL OF LEGACY NUCLEAR MATERIALS.'';
(II) by striking ``(f) Requirement for Continuing
Operations at Savannah River Site.--The Secretary'' and
inserting ``The Secretary of Energy''; and
(III) by striking ``subsection (e)'' and inserting
``section 4912''.
(11) Limitation on use of funds for decommissioning f-
canyon facility.--Subsection (b) of section 3137 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-460) is--
(A) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(B) inserted after section 4913D, as added by paragraph
(10)(E); and
(C) amended--
(i) by inserting before the text the following new section
heading:
``SEC. 4914. LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING
F-CANYON FACILITY.'';
(ii) by striking ``(b) Limitation on Use of Funds for
Decommissioning F-Canyon Facility.--'';
(iii) by striking ``this or any other Act'' and inserting
``the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398)
or any other Act''; and
(iv) by striking ``the Secretary'' in the matter preceding
paragraph (1) and inserting ``the Secretary of Energy''.
(12) Disposition of plutonium.--
(A) Disposition of weapons usable plutonium.--Section 3182
of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2747) is--
(i) transferred to title XLIX of division D of such Act, as
amended by this subsection;
(ii) redesignated as section 4915; and
(iii) inserted after section 4914, as added by paragraph
(11).
(B) Disposition of surplus defense plutonium.--Section 3155
of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107; 115 Stat. 1378) is--
(i) transferred to title XLIX of division D of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) redesignated as section 4915A; and
(iii) inserted after section 4915, as added by subparagraph
(A).
(13) Subtitle heading on other facilities.--Title XLIX of
division D of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new
subtitle heading:
``Subtitle C--Other Facilities''.
(14) Payment of costs of operation and maintenance of
infrastructure at nevada test site.--Section 3144 of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2838) is--
(A) transferred to title XLIX of division D of such Act, as
amended by this subsection;
(B) redesignated as section 4921; and
(C) inserted after the heading for subtitle C of such
title, as added by paragraph (13).
(m) Conforming Amendments.--(1) Title XXXVI of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 116 Stat. 1756) is repealed.
(2) Subtitle E of title XXXI of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
42 U.S.C. 7274h et seq.) is repealed.
(3) Section 8905a(d)(5)(A) of title 5, United States Code,
is amended by striking ``section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)''
and inserting ``section 4421 of the Atomic Energy Defense
Act''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2004, $19,559,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
2004, the National Defense Stockpile Manager may obligate up
to $69,701,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section
9 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress
receives the notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 3302. REVISIONS TO OBJECTIVES FOR RECEIPTS FOR FISCAL
YEAR 2000 DISPOSALS.
(a) In General.--Section 3402(b) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 972; 59 U.S.C. 98d note) is amended--
(1) by striking ``and'' at the end of paragraph (2); and
(2) by striking paragraph (3) and inserting the following
new paragraphs:
``(3) $310,000,000 before the end of fiscal year 2008; and
``(4) $320,000,000 before the end of fiscal year 2009.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2003, or the date of the
enactment of this Act, whichever is later.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $16,500,000 for fiscal year 2004
for the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
[[Page H4488]]
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--General Provisions
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Maritime Security Act of
2003''.
SEC. 3502. DEFINITIONS.
In this subtitle:
(1) Bulk cargo.--The term ``bulk cargo'' means cargo that
is loaded and carried in bulk without mark or count.
(2) Contractor.--The term ``contractor'' means an owner or
operator of a vessel that enters into an operating agreement
for the vessel with the Secretary under section 3512.
(3) Fleet.--The term ``Fleet'' means the Maritime Security
Fleet established under section 3511(a).
(4) Foreign commerce.--The term ``foreign commerce''--
(A) subject to subparagraph (B), means commerce or trade
between the United States, its territories or possessions, or
the District of Columbia, and a foreign country; and
(B) includes, in the case of liquid and dry bulk cargo
carrying services, trading between foreign ports in
accordance with normal commercial bulk shipping practices in
such manner as will permit United States-documented vessels
freely to compete with foreign-flag bulk carrying vessels in
their operation or in competing for charters, subject to
rules and regulations promulgated by the Secretary of
Transportation pursuant to subtitle B or C.
(5) Former participating fleet vessel.--The term ``former
participating fleet vessel'' means--
(A) any vessel that--
(i) on October 1, 2005--
(I) will meet the requirements of paragraph (1), (2), (3),
or (4) of section 3511(c); and
(II) will be less than 25 years of age, or less than 30
years of age in the case of a LASH vessel; and
(ii) on December 31, 2003, is covered by an operating
agreement under subtitle B of title VI of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1187 et seq.); and
(B) any vessel that--
(i) is a replacement for a vessel described in subparagraph
(A);
(ii) is controlled by the person that controls such
replaced vessel;
(iii) is eligible to be included in the Fleet under section
3511(b);
(iv) is approved by the Secretary and the Secretary of
Defense; and
(v) begins operation under an operating agreement under
subtitle B by not later than the end of the 30-month period
beginning on the date the operating agreement is entered into
by the Secretary.
(6) LASH vessel.--The term ``LASH vessel'' means a lighter
aboard ship vessel.
(7) Person.--The term ``person'' includes corporations,
partnerships, and associations existing under or authorized
by the laws of the United States, or any State, Territory,
District, or possession thereof, or of any foreign country.
(8) Product tank vessel.--The term ``product tank vessel''
means a double hulled tank vessel capable of carrying
simultaneously more than 2 separated grades of refined
petroleum products.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(10) United states.--The term ``United States'' includes
the District of Columbia, the Commonwealth of Puerto Rico,
the Northern Mariana Islands, Guam, American Samoa, the
Virgin Islands.
(11) United states-documented vessel.--The term ``United
States-documented vessel'' means a vessel documented under
chapter 121 of title 46, United States Code.
Subtitle B--Maritime Security Fleet
SEC. 3511. ESTABLISHMENT OF MARITIME SECURITY FLEET.
(a) In General.--The Secretary of Transportation shall
establish a fleet of active, militarily useful, privately
owned vessels to meet national defense and other security
requirements and maintain a United States presence in
international commercial shipping. The Fleet shall consist of
privately owned, United States-documented vessels for which
there are in effect operating agreements under this subtitle,
and shall be known as the Maritime Security Fleet.
(b) Vessel Eligibility.--A vessel is eligible to be
included in the Fleet if--
(1) the vessel meets the requirements of paragraph (1),
(2), (3), or (4) of subsection (c);
(2) the vessel is operated (or in the case of a vessel to
be constructed, will be operated) in providing transportation
in foreign commerce;
(3) the vessel is self-propelled and is--
(A) a roll-on/roll-off vessel with a carrying capacity of
at least 80,000 square feet or 500 twenty-foot equivalent
units and that is 15 years of age or less on the date the
vessel is included in the Fleet;
(B) a tank vessel that is constructed in the United States
after the date of the enactment of this subtitle;
(C) a tank vessel that is 10 years of age or less on the
date the vessel is included in the Fleet;
(D) a LASH vessel that is 25 years of age or less on the
date the vessel is included in the Fleet; or
(E) any other type of vessel that is 15 years of age or
less on the date the vessel is included in the Fleet;
except that the Secretary of Transportation shall waive the
application of an age restriction under this paragraph if the
waiver is requested by the Secretary of Defense;
(4) the vessel is determined by the Secretary of Defense to
be suitable for use by the United States for national defense
or military purposes in time of war or national emergency;
and
(5) the vessel--
(A) is a United States-documented vessel; or
(B) is not a United States-documented vessel, but--
(i) the owner of the vessel has demonstrated an intent to
have the vessel documented under chapter 121 of title 46,
United States Code, if it is included in the Fleet; and
(ii) at the time an operating agreement for the vessel is
entered into under this subtitle, the vessel is eligible for
documentation under chapter 121 of title 46, United States
Code.
(c) Requirements Regarding Citizenship of Owners and
Charterers.--
(1) Vessel owned and operated by section 2 citizens.--A
vessel meets the requirements of this paragraph if, during
the period of an operating agreement under this subtitle that
applies to the vessel, the vessel will be owned and operated
by persons one or more persons that are citizens of the
United States under section 2 of the Shipping Act, 1916 (46
App. U.S.C. 802).
(2) Vessel owned by section 2 citizen and chartered to
documentation citizen.--A vessel meets the requirements of
this paragraph if--
(A) during the period of an operating agreement under this
subtitle that applies to the vessel, the vessel will be--
(i) owned by a person that is a citizen of the United
States under section 2 of the Shipping Act, 1916 (46 App.
U.S.C. 802); and
(ii) demise chartered to a person--
(I) that is eligible to document the vessel under chapter
121 of title 46, United States Code;
(II) the chairman of the board of directors, chief
executive officer, and a majority of the members of the board
of directors of which are citizens of the United States under
section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), and
are appointed and subjected to removal only upon approval by
the Secretary; and
(III) that certifies that there are no treaties, statutes,
regulations, or other laws that would prohibit the contractor
for the vessel from performing its obligations under an
operating agreement under this subtitle; and
(B) in the case of a vessel that will be chartered to a
person that is owned or controlled by another person that is
not a citizen of the United States under section 2 of the
Shipping Act, 1916 (46 App. U.S.C. 802), the other person
enters into an agreement with the Secretary not to influence
the operation of the vessel in a manner that will adversely
affect the interests of the United States.
(3) Vessel owned and operated by defense contractor.--A
vessel meets the requirements of this paragraph if, during
the period of an operating agreement under this subtitle that
applies to the vessel, the vessel will be owned and operated
by one or more persons that--
(A) are eligible to document a vessel under chapter 121 of
title 46, United States Code;
(B) operates or manages other United States-documented
vessels for the Secretary of Defense, or charters other
vessels to the Secretary of Defense;
(C) has entered into a Special Security Agreement for
purposes of this paragraph with the Secretary of Defense;
(D) makes the certification described in paragraph
(2)(A)(ii)(III); and
(E) in the case of a vessel described in paragraph (2)(B),
enters into an agreement referred to in that paragraph.
(4) Vessel owned by documentation citizen and chartered to
section 2 citizen.--A vessel meets the requirements of this
paragraph if, during the period of an operating agreement
under this subtitle that applies to the vessel, the vessel
will be--
(A) owned by a person that is eligible to document a vessel
under chapter 121 of title 46, United States Code; and
(B) demise chartered to a person that is a citizen of the
United States under section 2 of the Shipping Act, 1916 (46
App. U.S.C. 802).
(d) Request by Secretary of Defense.--The Secretary of
Defense shall request the Secretary of Homeland Security to
issue any waiver under the first section of Public Law 81-891
(64 Stat. 1120; 46 App. U.S.C. note prec. 3) that is
necessary for purposes of this subtitle.
SEC. 3512. AWARD OF OPERATING AGREEMENTS.
(a) In General.--The Secretary shall require, as a
condition of including any vessel in the Fleet, that the
person that is the owner or charterer of the vessel for
purposes of section 3511(c) enter into an operating agreement
with the Secretary under this section.
(b) Procedure for Applications.--
(1) Acceptance of applications.--Beginning no later than 30
days after the effective date of this subtitle, the Secretary
shall accept applications for enrollment of vessels in the
Fleet.
(2) Action on applications.--Within 90 days after receipt
of an application for enrollment of a vessel in the Fleet,
the Secretary shall enter into an operating agreement with
the applicant or provide in writing the reason for denial of
that application.
(c) Priority for Awarding Agreements.--
(1) In general.--Subject to the availability of
appropriations, the Secretary shall enter into operating
agreements according to the following priority:
(A) New tank vessels.--First, for any tank vessel that--
(i) is constructed in the United States after the effective
date of this subtitle;
(ii) is eligible to be included in the Fleet under section
3511(b); and
(iii) during the period of an operating agreement under
this subtitle that applies to the vessel, will be owned and
operated by one or more persons that are citizens of the
United States under section 2 of the Shipping Act, 1916 (46
App. U.S.C. 802),
except that the Secretary shall not enter into operating
agreements under this subparagraph for more than 5 such
vessels.
(B) Former participating vessels.--Second, to the extent
amounts are available after applying subparagraphs (A), for
any former participating fleet vessel, except that the
Secretary
[[Page H4489]]
shall not enter into operating agreements under this
subparagraph for more than 47 vessels.
(C) Certain vessels operated by section 2 citizens.--Third,
to the extent amounts are available after applying
subparagraphs (A) and (B), for any other vessel that is
eligible to be included in the Fleet under section 3511(b),
and that, during the period of an operating agreement under
this subtitle that applies to the vessel, will be--
(i) owned and operated by one or more persons that are
citizens of the United States under section 2 of the Shipping
Act, 1916 (46 App. U.S.C. 802); or
(ii) owned by a person that is eligible to document the
vessel under chapter 121 of title 46, United States Code, and
operated by a person that is a citizen of the United States
under section 2 of the Shipping Act, 1916 (46 App. U.S.C.
802).
(D) Other eligible vessels.--Fourth, to the extent amounts
are available after applying subparagraphs (A), (B), and (C),
for any other vessel that is eligible to be included in the
Fleet under section 3511(b).
(2) Reduction in number of slots for former participating
fleet vessels.--The number in paragraph (1)(B) shall be
reduced by 1--
(A) for each former participating fleet vessel for which an
application for enrollment in the Fleet is not received by
the Secretary within the 90-day period beginning on the
effective date of this subtitle; and
(B) for each former participating fleet vessel for which an
application for enrollment in the Fleet received by the
Secretary is not approved by the Secretary of Defense within
the 90-day period beginning on the date of such receipt.
(3) Discretion within priority.--The Secretary--
(A) subject to subparagraph (B), may award operating
agreements within each priority under paragraph (1) as the
Secretary considers appropriate; and
(B) shall award operating agreement within a priority--
(i) in accordance with operational requirements specified
by the Secretary of Defense; and
(ii) subject to the approval of the Secretary of Defense.
(4) Treatment of tank vessel to be replaced.--(A) For
purposes of the application of paragraph (1)(A) with respect
to the award of an operating agreement, the Secretary may
treat an existing tank vessel that is eligible to be included
in the Fleet under section 3511(b) as a vessel that is
constructed in the United States after the effective date of
this subtitle, if--
(i) a binding contract for construction in the United
States of a replacement vessel to be operated under the
operating agreement is executed by not later than 9 months
after the first date amounts are available to carry out this
subtitle; and
(ii) the replacement vessel is eligible to be included in
the Fleet under section 3511(b).
(B) No payment under this subtitle may be made for an
existing tank vessel for which an operating agreement is
awarded under this paragraph after the earlier of--
(i) 4 years after the first date amounts are available to
carry out this subtitle; or
(ii) the date of delivery of the replacement tank vessel.
(d) Limitation.--The Secretary may not award operating
agreements under this subtitle that require payments under
section 3515 for a fiscal year for more than 60 vessels.
SEC. 3513. EFFECTIVENESS OF OPERATING AGREEMENTS.
(a) Effectiveness, Generally.--The Secretary may enter into
an operating agreement under this subtitle for fiscal year
2006. Except as provided in subsection (b), the agreement
shall be effective only for 1 fiscal year, but shall be
renewable, subject to the availability of appropriations, for
each subsequent fiscal year through the end of fiscal year
2015.
(b) Vessels Under Charter to U.S.--Unless an earlier date
is requested by the applicant, the effective date for an
operating agreement with respect to a vessel that is, on the
date of entry into an operating agreement, on charter to the
United States Government, other than a charter pursuant to an
Emergency Preparedness Agreement under section 3516, shall be
the expiration or termination date of the Government charter
covering the vessel, or any earlier date the vessel is
withdrawn from that charter.
(c) Termination.--
(1) In general.--If the contractor with respect to an
operating agreement fails to comply with the terms of the
agreement--
(A) the Secretary shall terminate the operating agreement;
and
(B) any budget authority obligated by the agreement shall
be available to the Secretary to carry out this subtitle.
(2) Early termination.--An operating agreement under this
subtitle shall terminate on a date specified by the
contractor if the contractor notifies the Secretary, by not
later than 60 days before the effective date of the
termination, that the contractor intends to terminate the
agreement.
(d) Nonrenewal for Lack of Funds.--
(1) Notification of congress.--If, by the first day of a
fiscal year, sufficient funds have not been appropriated
under the authority provided by this subtitle for that fiscal
year, then the Secretary shall notify the Congress that
operating agreements authorized under this subtitle for which
sufficient funds are not available will not be renewed for
that fiscal year if sufficient funds are not appropriated by
the 60th day of that fiscal year.
(2) Release of vessels from obligations.--If funds are not
appropriated under the authority provided by this subtitle
for any fiscal year by the 60th day of that fiscal year, then
each vessel covered by an operating agreement under this
subtitle for which funds are not available--
(A) is thereby released from any further obligation under
the operating agreement;
(B) the owner or operator of the vessel may transfer and
register such vessel under a foreign registry that is
acceptable to the Secretary of Transportation and the
Secretary of Defense, notwithstanding section 9 of the
Shipping Act, 1916 (46 App. U.S.C. 808); and
(C) if section 902 of the Merchant Marine Act, 1936 (46
App. U.S.C. 1242) is applicable to such vessel after
registration of the vessel under such a registry, then the
vessel is available to be requisitioned by the Secretary of
Transportation pursuant to section 902 of such Act.
SEC. 3514. OBLIGATIONS AND RIGHTS UNDER OPERATING AGREEMENTS.
(a) Operation of Vessel.--An operating agreement under this
subtitle shall require that, during the period a vessel is
operating under the agreement--
(1) the vessel--
(A) shall be operated exclusively in the foreign commerce
or in mixed foreign commerce and domestic trade allowed under
a registry endorsement issued under section 12105 of title
46, United States Code; and
(B) shall not otherwise be operated in the coastwise trade;
and
(2) the vessel shall be documented under chapter 121 of
title 46, United States Code.
(b) Annual Payments by Secretary.--
(1) In general.--An operating agreement under this subtitle
shall require, subject to the availability of appropriations,
that the Secretary make a payment each fiscal year to the
contractor in accordance with section 3515.
(2) Operating agreement is obligation of united states
government.--An operating agreement under this subtitle
constitutes a contractual obligation of the United States
Government to pay the amounts provided for in the agreement
to the extent of actual appropriations.
(c) Documentation Requirement.--Each vessel covered by an
operating agreement (including an agreement terminated under
section 3513(c)(2)) shall remain documented under chapter 121
of title 46, United States Code, until the date the operating
agreement would terminate according to its terms.
(d) National Security Requirements.--
(1) In general.--A contractor with respect to an operating
agreement (including an agreement terminated under section
3513(c)(2)) shall continue to be bound by the provisions of
section 3516 until the date the operating agreement would
terminate according to its terms.
(2) Emergency preparedness agreement.--All terms and
conditions of an Emergency Preparedness Agreement entered
into under section 3516 shall remain in effect until the date
the operating agreement would terminate according to its
terms, except that the terms of such Emergency Preparedness
Agreement may be modified by the mutual consent of the
contractor and the Secretary of Transportation and the
Secretary of Defense.
(e) Transfer of Operating Agreements.--A contractor under
an operating agreement may transfer the agreement (including
all rights and obligations under the agreement) to any person
that is eligible to enter into that operating agreement under
this subtitle, if the transfer is approved by the Secretary
and the Secretary of Defense.
SEC. 3515. PAYMENTS.
(a) Annual payment.--
(1) In general.--The Secretary, subject to the availability
of appropriations and the other provisions of this section,
shall pay to the contractor for an operating agreement, for
each vessel that is covered by the operating agreement, an
amount equal to--
(A) $2,600,000 for each of fiscal years 2006 and 2007, and
(B) such amount, not less than $2,600,000, for each fiscal
year thereafter for which the agreement is in effect as the
Secretary, with the concurrence of the Secretary of Defense,
considers to be necessary to meet the operational
requirements of the Secretary of Defense.
(2) Timing.--The amount shall be paid in equal monthly
installments at the end of each month. The amount shall not
be reduced except as provided by this section.
(b) Certification Required for Payment.--As a condition of
receiving payment under this section for a fiscal year for a
vessel, the contractor for the vessel shall certify, in
accordance with regulations issued by the Secretary, that the
vessel has been and will be operated in accordance with
section 3514(a)(1) for at least 320 days in the fiscal year.
Days during which the vessel is drydocked, surveyed,
inspected, or repaired shall be considered days of operation
for purposes of this subsection.
(c) Limitations.--The Secretary of Transportation shall not
make any payment under this subtitle for a vessel with
respect to any days for which the vessel is--
(1) under a charter to the United States Government, other
than a charter pursuant to an Emergency Preparedness
Agreement under section 3516;
(2) not operated or maintained in accordance with an
operating agreement under this subtitle; or
(3) more than--
(A) 25 years of age, except as provided in subparagraph (B)
or (C);
(B) 20 years of age, in the case of a tank vessel; or
(C) 30 years of age, in the case of a LASH vessel.
(d) Reductions in Payments.--With respect to payments under
this subtitle for a vessel covered by an operating agreement,
the Secretary--
(1) except as provided in paragraph (2), shall not reduce
any payment for the operation of the vessel to carry military
or other preference cargoes under section 2631 of title 10,
United States Code, the Act of March 26, 1934 (46 App. U.S.C.
[[Page H4490]]
1241-1), section 901(a), 901(b), or 901b of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1241(a), 1241(b), or 1241f),
or any other cargo preference law of the United States;
(2) shall not make any payment for any day that the vessel
is engaged in transporting more than 7,500 tons of civilian
bulk preference cargoes pursuant to section 901(a), 901(b),
or 901b of the Merchant Marine Act, 1936 (46 App. U.S.C.
1241(a), 1241(b), or 1241f), that is cargo; and
(3) shall make a pro rata reduction in payment for each day
less than 320 in a fiscal year that the vessel is not
operated in accordance with section 3514(a)(1), with days
during which the vessel is drydocked or undergoing survey,
inspection, or repair considered to be days on which the
vessel is operated.
SEC. 3516. NATIONAL SECURITY REQUIREMENTS.
(a) Emergency Preparedness Agreement Required.--The
Secretary shall establish an Emergency Preparedness Program
under this section that is approved by the Secretary of
Defense. Under the program, the Secretary shall include in
each operating agreement under this subtitle a requirement
that the contractor enter into an Emergency Preparedness
Agreement under this section with the Secretary. The
Secretary shall negotiate and enter into an Emergency
Preparedness Agreement with each contractor as promptly as
practicable after the contractor has entered into an
operating agreement under this subtitle.
(b) Terms of Agreement.--
(1) In general.--An Emergency Preparedness Agreement under
this section shall require that upon a request by the
Secretary of Defense during time of war or national
emergency, or whenever determined by the Secretary of Defense
to be necessary for national security or contingency
operation (as that term is defined in section 101 of title
10, United States Code), a contractor for a vessel covered by
an operating agreement under this subtitle shall make
available commercial transportation resources (including
services).
(2) Basic terms.--(A) The basic terms of the Emergency
Preparedness Agreement shall be established (subject to
subparagraph (B)) pursuant to consultations among the
Secretary and the Secretary of Defense.
(B) In any Emergency Preparedness Agreement, the Secretary
and a contractor may agree to additional or modifying terms
appropriate to the contractor's circumstances if those terms
have been approved by the Secretary of Defense.
(c) Participation After Expiration of Operating
Agreement.--Except as provided by section 3514(c), the
Secretary may not require, through an Emergency Preparedness
Agreement or operating agreement, that a contractor continue
to participate in an Emergency Preparedness Agreement after
the operating agreement with the contractor has expired
according to its terms or is otherwise no longer in effect.
After expiration of an Emergency Preparedness Agreement, a
contractor may volunteer to continue to participate in such
an agreement.
(d) Resources Made Available.--The commercial
transportation resources to be made available under an
Emergency Preparedness Agreement shall include vessels or
capacity in vessels, intermodal systems and equipment,
terminal facilities, intermodal and management services, and
other related services, or any agreed portion of such
nonvessel resources for activation as the Secretary of
Defense may determine to be necessary, seeking to minimize
disruption of the contractor's service to commercial
shippers.
(e) Compensation.--
(1) In general.--The Secretary shall include in each
Emergency Preparedness Agreement provisions approved by the
Secretary of Defense under which the Secretary of Defense
shall pay fair and reasonable compensation for all commercial
transportation resources provided pursuant to this section.
(2) Specific requirements.--Compensation under this
subsection--
(A) shall not be less than the contractor's commercial
market charges for like transportation resources;
(B) shall be fair and reasonable considering all
circumstances;
(C) shall be provided from the time that a vessel or
resource is required by the Secretary of Defense until the
time that it is redelivered to the contractor and is
available to reenter commercial service; and
(D) shall be in addition to and shall not in any way
reflect amounts payable under section 3515.
(f) Temporary Replacement Vessels.--Notwithstanding section
2631 of title 10, United States Code, the Act of March 26,
1934 (46 App. U.S.C. 1241-1), section 901(a), 901(b), or 901b
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1241(a),
1241(b), or 1241f), or any other cargo preference law of the
United States--
(1) a contractor may operate or employ in foreign commerce
a foreign-flag vessel or foreign-flag vessel capacity as a
temporary replacement for a United States-documented vessel
or United States-documented vessel capacity that is activated
by the Secretary of Defense under an Emergency Preparedness
Agreement or under a primary Department of Defense-approved
sealift readiness program; and
(2) such replacement vessel or vessel capacity shall be
eligible during the replacement period to transport
preference cargoes subject to section 2631 of title 10,
United States Code, the Act of March 26, 1934 (46 App. U.S.C.
1241-1), and sections 901(a), 901(b), and 901b of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1241(a), 1241(b),
and 1241b) to the same extent as the eligibility of the
vessel or vessel capacity replaced.
(g) Redelivery and Liability of U.S. for Damages.--
(1) In general.--All commercial transportation resources
activated under an Emergency Preparedness Agreement shall,
upon termination of the period of activation, be redelivered
to the contractor in the same good order and condition as
when received, less ordinary wear and tear, or the Secretary
of Defense shall fully compensate the contractor for any
necessary repair or replacement.
(2) Limitation on liability of u.s.--Except as may be
expressly agreed to in an Emergency Preparedness Agreement,
or as otherwise provided by law, the Government shall not be
liable for disruption of a contractor's commercial business
or other consequential damages to a contractor arising from
activation of commercial transportation resources under an
Emergency Preparedness Agreement.
SEC. 3517. REGULATORY RELIEF.
(a) Operation in Foreign Commerce.--A contractor for a
vessel included in an operating agreement under this subtitle
may operate the vessel in the foreign commerce of the United
States without restriction.
(b) Other Restrictions.--The restrictions of section
901(b)(1) of the Merchant Marine Act, 1936 (46 App. U.S.C.
1241(b)(1)) concerning the building, rebuilding, or
documentation of a vessel in a foreign country shall not
apply to a vessel for any day the operator of that vessel is
receiving payments for operation of that vessel under an
operating agreement under this subtitle.
SEC. 3518. SPECIAL RULE REGARDING AGE OF FORMER PARTICIPATING
FLEET VESSEL.
Sections 3511(b)(3) and 3515(c)(3) shall not apply to a
former participating fleet vessel described in section
3502(5)(A), during the 30-month period referred to in section
3502(5)(B)(v) with respect to the vessel, if the Secretary
determines that the contractor for the vessel has entered
into an arrangement to obtain and operate under the operating
agreement for the former participating fleet vessel a
replacement vessel that, upon commencement of such operation,
will be eligible to be included in the Fleet under section
3511(b).
SEC. 3519. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for payments under
section 3515, to remain available until expended,
$156,000,000 for each of fiscal years 2006 and 2007, and such
sums as may be necessary for each fiscal year thereafter
through fiscal year 2015.
SEC. 3520. AMENDMENT TO SHIPPING ACT, 1916.
Section 9 of the Shipping Act, 1916 (46 App. U.S.C. 808) is
amended by adding at the end the following:
``(e) Notwithstanding subsection (c)(2), the Merchant
Marine Act, 1936, or any contract entered into with the
Secretary of Transportation under that Act, a vessel may be
placed under a foreign registry, without approval of the
Secretary, if--
``(1)(A) the Secretary, with the concurrence of the
Secretary of Defense, determines that at least one
replacement vessel of like capability and of a capacity that
is equivalent or greater, as measured by deadweight tons,
gross tons, or container equivalent units, as appropriate, is
documented under chapter 121 of title 46, United States Code,
by the owner of the vessel placed under the foreign registry;
and
``(B) the replacement vessel is not more than 10 years of
age on the date of that documentation; and
``(2) an operating agreement covering the vessel under the
Maritime Security Act of 2003 has expired.''.
SEC. 3521. REGULATIONS.
(a) In General.--The Secretary of Transportation and the
Secretary of Defense may each prescribe rules as necessary to
carry out this subtitle and the amendments made by this
subtitle.
(b) Interim Rules.--The Secretary of Transportation and the
Secretary of Defense may each prescribe interim rules
necessary to carry out this subtitle and the amendments made
by this subtitle. For this purpose, the Secretaries are
excepted from compliance with the notice and comment
requirements of section 553 of title 5, United States Code.
All interim rules prescribed under the authority of this
subsection that are not earlier superseded by final rules
shall expire no later than 270 days after the effective date
of this subtitle.
SEC. 3522. REPEALS AND CONFORMING AMENDMENTS.
(a) Repeals.--The following provisions are repealed:
(1) Subtitle B of title VI of the Merchant Marine Act, 1936
(46 App. U.S.C. 1187 et seq.).
(2) Section 804 of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1222).
(b) Conforming Amendment.--Section 12102(d)(4) of title 46,
United States Code, is amended by inserting ``or section
3511(b) of the Maritime Security Act of 2003'' after
``Merchant Marine Act, 1936''.
SEC. 3523. EFFECTIVE DATES.
(a) In General.--Except as provided in subsections (b) and
(c), this subtitle shall take effect October 1, 2004.
(b) Repeals and Conforming Amendments.--Section 3522 shall
take effect October 1, 2005.
(c) Regulations.--Section 3521 and this section shall take
effect on the date of the enactment of this Act.
Subtitle C--National Defense Tank Vessel Construction Assistance
SEC. 3531. NATIONAL DEFENSE TANK VESSEL CONSTRUCTION PROGRAM.
The Secretary of Transportation shall establish a program
for the provision of financial assistance for the
construction in the United States of a fleet of up to 5
privately owned product tank vessels--
(1) to be operated in commercial service in foreign
commerce; and
[[Page H4491]]
(2) to be available for national defense purposes in time
of war or national emergency pursuant to an Emergency
Preparedness Plan approved by the Secretary of Defense
pursuant to section 3533(e) of this subtitle.
SEC. 3532. APPLICATION PROCEDURE. -
(a) Request for Proposals.--Within 90 days after the date
of the enactment of this subtitle, and on an as-needed basis
thereafter, the Secretary, in consultation with the Secretary
of Defense, shall publish in the Federal Register a request
for competitive proposals for the construction of new product
tank vessels necessary to meet the commercial and national
security needs of the United States and to be built with
assistance under this subtitle.
(b) Qualification.--Any citizen of the United States or any
shipyard in the United States may submit a proposal to the
Secretary of Transportation for purposes of constructing a
product tank vessel with assistance under this subtitle.
(c) Requirement.--The Secretary, with the concurrence of
the Secretary of Defense, may enter into an agreement with
the submitter of a proposal for assistance under this
subtitle if the Secretary determines that--
(1) the plans and specifications call for construction of a
new product tank vessel of not less than 35,000 deadweight
tons and not greater than 60,000 deadweight tons, that--
(A) will meet the requirements of foreign commerce;
(B) is capable of carrying militarily useful petroleum
products, and will be suitable for national defense or
military purposes in time of war, national emergency, or
other military contingency; and
(C) will meet the construction standards necessary to be
documented under the laws of the United States;
(2) the shipyard in which the vessel will be constructed
has the necessary capacity and expertise to successfully
construct the proposed number and type of product tank
vessels in a reasonable period of time as determined by the
Secretary of Transportation, taking into consideration the
recent prior commercial shipbuilding history of the proposed
shipyard in delivering a vessel or series of vessels on time
and in accordance with the contract price and specifications;
and
(3) the person proposed to be the operator of the proposed
vessel possesses the ability, experience, financial
resources, and any other qualifications determined to be
necessary by the Secretary for the operation and maintenance
of the vessel.
(d) Priority.--The Secretary--
(1) subject to paragraph (2), shall give priority
consideration to a proposal submitted by a person that is a
citizen of the United States under section 2 of the Shipping
Act, 1916 (46 App. U.S.C. 802); and
(2) may give priority to consideration of proposals that
provide the best value to the Government, taking into
consideration--
(A) the costs of vessel construction; and
(B) the commercial and national security needs of the
United States.
SEC. 3533. AWARD OF ASSISTANCE.
(a) In General.--If after review of a proposal, the
Secretary determines that the proposal fulfills the
requirements under this subtitle, the Secretary may enter
into a contract with the proposed purchaser and the proposed
shipyard for the construction of a product tank vessel with
assistance under this subtitle.
(b) Amount of Assistance.--The contract shall provide that
the Secretary shall pay, subject to the availability of
appropriations, up to 75 percent of the actual construction
cost of the vessel, but in no case more than $50,000,000 per
vessel.
(c) Construction in United States.--A contract under this
section shall require that construction of a vessel with
assistance under this subtitle shall be performed in a
shipyard in the United States.
(d) Documentation of Vessel.--
(1) Contract requirement.--A contract under this section
shall require that, upon delivery of a vessel constructed
with assistance under the contract, the vessel shall be
documented under chapter 121 of title 46, United States Code
with a registry endorsement only.
(2) Restriction on coastwise endorsement.--A vessel
constructed with assistance under this subtitle shall not be
eligible for a certificate of documentation with a coastwise
endorsement.
(3) Authority to reflag not applicable.--Section 9(e) of
the Shipping Act, 1916, (46 App. U.S.C. 808(e)) shall not
apply to a vessel constructed with assistance under this
subtitle.
(e) Emergency Preparedness Agreement.--
(1) In general.--A contract under this section shall
require that the person who will be the operator of a vessel
constructed with assistance under the contract shall enter
into an Emergency Preparedness Agreement for the vessel under
section 3516.
(2) Treatment as contractor.--For purposes of the
application, under paragraph (1), of section 3516 to a vessel
constructed with assistance under this subtitle, the term
``contractor'' as used in section 3516 means the person who
will be the operator of a vessel constructed with assistance
under this subtitle.
(f) Additional Terms.--The Secretary shall incorporate in
the contract the requirements set forth in this subtitle, and
may incorporate in the contract any additional terms the
Secretary considers necessary.
SEC. 3534. PRIORITY FOR TITLE XI ASSISTANCE.
Section 1103 of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1273) is amended by adding at the end the following:
``(i) Priority.--In guaranteeing and entering commitments
to guarantee under this section, the Secretary shall give
priority to guarantees and commitments for vessels that are
otherwise eligible for a guarantee under this section and
that are constructed with assistance under subtitle C of the
Maritime Security Act of 2003.''.
SEC. 3535. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to
carry out this subtitle a total of $250,000,000 for fiscal
years after fiscal year 2004.
Subtitle D--Maritime Administration Authorization
SEC. 3541. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME
ADMINISTRATION FOR FISCAL YEAR 2004.
Funds are hereby authorized to be appropriated for fiscal
year 2004, to be available without fiscal year limitation if
so provided in appropriations Acts, for the use of the
Department of Transportation for the Maritime Administration
as follows:
(1) For expenses necessary for operations and training
activities, $104,400,000, of which $13,000,000 is for capital
improvements at the United States Merchant Marine Academy.
(2) For expenses under the loan guarantee program
authorized by title XI of the Merchant Marine Act, 1936 (46
App. U.S.C. 1271 et seq.), $39,498,000, of which--
(A) $35,000,000 is for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5))) of loan guarantees under the program; and
(B) $4,498,000 is for administrative expenses related to
loan guarantee commitments under the program.
(3) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, $20,000,000.
SEC. 3542. AUTHORITY TO CONVEY VESSEL USS HOIST (ARS-40).
(a) In General.--Notwithstanding any other law, the
Secretary of Transportation may convey the right, title, and
interest of the United States Government in and to the vessel
USS HOIST (ARS-40), to the Last Patrol Museum, located in
Toledo, Ohio (a not-for-profit corporation, in this section
referred to as the ``recipient''), for use as a military
museum, if--
(1) the recipient agrees to use the vessel as a nonprofit
military museum;
(2) the vessel is not used for commercial transportation
purposes;
(3) the recipient agrees to make the vessel available to
the Government when the Secretary requires use of the vessel
by the Government;
(4) the recipient agrees that when the recipient no longer
requires the vessel for use as a military museum--
(A) the recipient will, at the discretion of the Secretary,
reconvey the vessel to the Government in good condition
except for ordinary wear and tear; or
(B) if the Board of Trustees of the recipient has decided
to dissolve the recipient according to the laws of the State
of New York, then--
(i) the recipient shall distribute the vessel, as an asset
of the recipient, to a person that has been determined exempt
from taxation under the provisions of section 501(c)(3) of
the Internal Revenue Code, or to the Federal Government or a
State or local government for a public purpose; and
(ii) the vessel shall be disposed of by a court of
competent jurisdiction of the county in which the principal
office of the recipient is located, for such purposes as the
court shall determine, or to such organizations as the court
shall determine are organized exclusively for public
purposes;
(5) the recipient agrees to hold the Government harmless
for any claims arising from exposure to asbestos,
polychlorinated biphenyls, or lead paint after conveyance of
the vessel, except for claims arising from use by the
Government under paragraph (3) or (4); and
(6) the recipient has available, for use to restore the
vessel, in the form of cash, liquid assets, or a written loan
commitment, financial resources of at least $100,000.
(b) Delivery of Vessel.--If a conveyance is made under this
section, the Secretary shall deliver the vessel at the place
where the vessel is located on the date of enactment of this
Act, in its present condition, and without cost to the
Government.
(c) Other Unneeded Equipment.--The Secretary may also
convey any unneeded equipment from other vessels in the
National Defense Reserve Fleet in order to restore the USS
HOIST (ARS-40) to museum quality.
(d) Retention of Vessel in NDRF.--
(1) In general.--The Secretary shall retain in the National
Defense Reserve Fleet the vessel authorized to be conveyed
under subsection (a), until the earlier of--
(A) 2 years after the date of the enactment of this Act; or
(B) the date of conveyance of the vessel under subsection
(a).
(2) Limitation.--Paragraph (1) does not require the
Secretary to retain the vessel in the National Defense
Reserve Fleet if the Secretary determines that retention of
the vessel in the fleet will pose an unacceptable risk to the
marine environment.
Amend the title so as to read: ``A 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.''.
[[Page H4492]]
The CHAIRMAN pro tempore. No amendment to the committee amendment in
the nature of a substitute is in order except those printed in House
Report 108-120 or those made in order by a subsequent order of the
House.
Each amendment printed in the report shall be offered only in the
order printed, except as specified in section 2 of the resolution, may
be offered only by a Member designated in the report, shall be
considered read, debatable for the time specified, equally divided and
controlled by the proponent and an opponent, shall not be subject to
amendment, except that the chairman and ranking minority member each
may offer one pro forma amendment for the purpose of further debate on
any pending amendment, and shall not be subject to a demand for a
division of the question.
The Chairman of the Committee of Whole may recognize for
consideration of any amendment out of the order printed, but not sooner
than 1 hour after the Chairman of the Committee on Armed Services or a
designee announces from the floor a request to that effect.
It is now in order to consider amendment No. 1 printed in House
Report 108-120.
Amendment No. 1 Offered by Mr. Hunter
Mr. HUNTER. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Hunter:
Page 34, line 15, strike the first period.
Page 90, line 17, insert open quotation marks before
``subparagraph''.
Page 99, line 7, strike the open quotation marks.
Page 125, line 5, strike ``551'' and insert ``991''.
Page 136, beginning on line 4, strike ``chapter'' and
insert ``subchapter''.
Strike section 617(b)(2) (page 165, line 19, through the
matter following line 6 on page 166) and insert the
following:
(2) The heading of such section, and the item relating to
such section in the table of sections at the beginning of
chapter 40 of such title, are each amended by striking the
sixth word.
Page 210, line 12, strike the single open and close
quotation marks and insert double open and close quotation
marks.
Page 213, line 25, insert ``of such section'' after
``Subsection (c)''.
Page 219, beginning on line 18, strike ``the end''.
Page 220, line 8, strike ``adding at the end'' and insert
``inserting after the item relating to section 2435''.
Page 227, line 5, strike ``(d)'' and insert ``(d)(3)''.
Page 229, line 14, strike ``Unites'' and insert ``United''.
Page 231, line 14, strike ``Department of'' and all that
follows through ``amounts'' on line 15 and insert
``Department of Defense such amounts''.
Page 231, line 18, strike ``; and'' and insert a period.
Page 231, strike lines 19 and 20.
Page 232, in the matter after line 16, strike ``Unites''
and insert ``United''.
In section 1012(b)(1) (page 253, line 13), insert ``the end
of such subsection'' after ``through''.
In section 1014(b)(1) (page 257, line 2), strike ``this
title'' and insert ``title XXXV''.
Page 262, line 20, insert a one-em dash after the period.
Page 264, line 11, strike ``2216(a)'' and insert
``2216(i)''.
Page 264, line 15, insert ``(1)'' before ``Not later
than''.
Page 271, line 11, strike ``striking `by''.
Page 275, line 19, strike ``2868'' and insert ``2868(a)''.
In section 1031(d), strike paragraph (2) (page 290, lines
13-15) and insert the following:
(2) Nothing in this section shall be construed to authorize
the Secretary to acquire, lease, construct, improve,
renovate, remodel, repair, operate, or maintain facilities
having general utility.
Page 299, line 6, strike ``after section 425'' and insert
``at the end of subchapter I (after the section added by
section 805(b)(1) of this Act)''.
Page 299, line 8, strike ``426'' and insert ``427''.
Page 301, line 20, after ``at the end'' insert ``(after the
item added by section 805(b)(2) of this Act''.
Page 301, in the matter after line 21, strike ``426'' and
insert ``427''.
Page 303, beginning on line 11, strike ``such subchapter''
and insert ``subchapter I of such chapter''.
In section 1045(a)(7), strike ``7503(d)'' (page 310, line
16) and insert ``7305(d)''.
In section 1045(e), strike ``819'' (page 311, line 25) and
insert ``819(a)''.
In section 317, strike subsection (a) (page 59, lines 18
through 21) and redesignate subsequent subsections
accordingly.
In section 318, strike subsection (a) (page 61, lines 3
through 18) and insert the following new subsection:
(a) Definition of Harassment for Military Readiness
Activities.--Section 3(18) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1362(18)) is amended by striking
subparagraphs (B) and (C) and inserting the following new
subparagraphs:
``(B) In the case of a military readiness activity (as
defined in section 315(f) of Public Law 107-314; 16 U.S.C.
703 note), the term `harassment' means--
``(i) any act that injures or has the significant potential
to injure a marine mammal or marine mammal stock in the wild;
or
``(ii) any act that disturbs or is likely to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of natural behavioral patterns, including, but not
limited to, migration, surfacing, nursing, breeding, feeding,
or sheltering, to a point where such behavioral patterns are
abandoned or significantly altered.
``(C) The term `Level A harassment' means harassment
described in subparagraph (A)(i) or, in the case of a
military readiness activity, harassment described in
subparagraph (B)(i).
``(D) The term `Level B harassment' means harassment
described in subparagraph (A)(ii) or, in the case of a
military readiness activity, harassment described in
subparagraph (B)(ii).''.
The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the
gentleman from California (Mr. Hunter) and a Member opposed each will
control 5 minutes.
{time} 1615
Parliamentary Inquiry
Mr. RAHALL. Mr. Chairman, I have a parliamentary inquiry.
The CHAIRMAN pro tempore (Mr. Bereuter). The gentleman will state it.
Mr. RAHALL. Who controls the time in opposition?
The CHAIRMAN pro tempore. A Member in opposition to the amendment.
Does the gentleman claim that time?
Mr. RAHALL. I so claim that time, Mr. Chairman.
The CHAIRMAN pro tempore. The gentleman from West Virginia (Mr.
Rahall) will be recognized in opposition.
The Chair recognizes the gentleman from California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
This amendment makes a number of technical corrections that were
provided by the Office of Legislative Counsel. It also clarifies
several technical points that were raised after the report was filed.
For example, on page 290, I have added language to make it clear that
the re-leasing of office space will continue to be handled by GSA.
Beyond those corrections that I have described, the amendment also
contains the walkback that the gentleman from Colorado (Mr. Hefley)
just described with respect to the Endangered Species Act on DOD bases,
saying simply that the Endangered Species Act changes are limited to
the Department of Defense and that, in fact, the definition of
endangered species is walked back to the language that was described by
DOD when it was sent to us.
Mr. Chairman, I think it is eminently reasonable. I just pointed out
a few minutes ago, with the four overlaps for the Pendleton Marine
base, where American Marines practice dying for this country and they
can only utilize at this time a very small portion of that 17-mile red
beach because there are animals that need to be protected on that
beach. Once you overlay the estuarine areas, the gnatcatcher areas and
a number of other areas that have now been designated for lockout to
the military or controlled use, you have an extremely diminished base
in terms of training. So those very fine people that we have sent to
the Middle East to carry out American foreign policy are seeing a
diminished training area in the United States.
And that is across the board, Mr. Chairman. You can go to Camp
Lejeune, where they now have to employ 80 biologists just to try to
move these areas around, or any of the other bases, Army, Navy, Marine
Corps, Air Force, and you will see that some of them are diminished up
to 70, 80 percent, locked out, where the military is locked out of
their own base and cannot use it for training.
This is a balance, Mr. Chairman. It is a balance that passed on a
bipartisan basis, in fact, in fuller measure than what we have here out
of the Committee on Resources. So I think it is absolutely appropriate
that this walkback, where now only the Department of Defense is going
to be able to receive this treatment, is manifested.
Mr. Chairman, I reserve the balance of my time.
[[Page H4493]]
Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume,
and I do rise in opposition to the Hunter amendment.
I think at this point in time there is some clarification needed as
to the situation that we are in. Many Members may well be confused.
First, this same amendment was filed by the gentleman from Colorado
(Mr. Hefley) before the Committee on Rules; and for reasons only known
on the other side of the aisle in their internal machinations, it is
now in order under the gentleman from California's name. We have all of
10 minutes to debate what are truly far-reaching changes to
environmental law under this rule.
In fact, the amendment does make one important improvement in the
language originally reported by the Committee on Resources. It strikes
extraneous language that would have gutted a key provision of the
Endangered Species Act. In this one case, the administration did not
even request or support the language. But make no mistake about it, the
rest of the Hunter amendment leaves intact all the exemptions and
changes sought by the DOD, and I think that is worth repeating. It
leaves intact all the exemptions and changes to the Endangered Species
Act and the Marine Mammal Protection Act that the Pentagon wants. All
those exemptions and changes will remain in the bill if the current
Hunter amendment is adopted.
And there is one added bonus, a special bonus here. That is a special
endangered species exemption that applies to only one Arizona base
which is described by the Arizona Republic as a ``silly rider'' that is
not even necessary. That, too, is left intact by the Hunter amendment.
Simply put, the environmental exemptions which would be codified by
the Hunter amendment are overbroad and unjustified. As a May 15 article
in the Chicago Tribune stated, the bill language now before us would
grant the Department of Defense exemptions which would ``apply to all
military facilities, including golf courses, irrigated gardens and
swimming pools.'' For those of us who have spoken out against the
military exemptions, this is unacceptable. The American people respect
and support our military, but they do not believe nor do I believe that
the Pentagon should be held unaccountable or exempt from the laws which
apply to all of us.
The gentleman from Michigan (Mr. Dingell) and I proposed a substitute
that would have addressed DOD concerns about future readiness
activities in an environmentally responsible manner. That amendment was
supported by many major environmental organizations. But because of the
Republican rule that is now being jammed down our throats, we have no
opportunity to consider the Rahall-Dingell amendment. It is only the
Hunter amendment, take it or leave it, which forces us to vote to
endorse the military exemptions to get rid of one extraneous ESA rider.
I urge Members to vote ``no'' on the Hunter amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
I would just say this. With respect to Marine Mammal, I think the
gentleman from Colorado (Mr. Hefley) described it best. This is a
commonsense amendment. I have not met a single environmentalist who
does not agree with this. That says that if you have a seal sitting on
a buoy and a Navy ship goes by, if the seal even looks up, he is,
according to at least one biologist in the Department of Fish and
Wildlife, potentially disturbed. If you potentially disturb a seal, you
cannot undertake that particular military activity.
What we are losing, Mr. Chairman, is our ability to practice our
sonar capability and our new sonar equipment. That means life and death
for the kids who are underneath the water in those submarines whose
lives depend on being able to hear the enemy submarine before it hears
them and destroys them.
So I would just say to my colleague and to all my colleagues, most of
this language is what we passed with a big vote last year on a
bipartisan basis. It is absolutely reasonable. It has been walked back
to DOD. I would just recommend, take ``yes'' for an answer.
Mr. Chairman, I reserve the balance of my time.
Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
I would just respond to the gentleman from California as we have
responded numerous times today during this debate. There are exemptions
in current law that the DOD can exercise whenever it finds conditions
where national security warrants such exemptions to any environmental
laws. To this date, in all reports that we have asked for, we have not
seen where DOD has asked to utilize the current exemptions allowed
under current law.
As we all know, our forces did a tremendous job in Iraq. We on this
side of the aisle support our troops as strongly as those on the other
side of the aisle, as strongly as all Americans do, and we praise the
very effective job that they did. And we would add that they did it
under current law.
The briefings that I have had, the briefings that I have attended for
all Members of Congress, even the briefing I had with General Franks in
Dohar a month or so ago, none of those briefings listed any problems
that our military had with current law or the exemptions that they have
to use under current law that would have in any way endangered our
commanders or our military in their preparations of our troops for
combat readiness, as they have been so well trained.
I say the current language works. That is what we should recognize
has served our military so well and allowed them to be the great force
that they are.
Mr. Chairman, I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield 30 seconds to the gentleman from
New Jersey (Mr. Saxton).
Mr. SAXTON. Mr. Chairman, I thank the gentleman for yielding me this
time.
The amendment that we are debating is, I think, a pretty commonsense
amendment. The military, DOD, came to us and said, we need some limited
relief from the Endangered Species Act and the Marine Mammal Protection
Act. This gives them essentially what they want without going outside
or further than they requested. And so it seems to me that this is a
good, commonsense amendment. I commend the gentleman from Colorado for
bringing it forward.
Mr. RAHALL. Mr. Chairman, I yield myself the balance of my time.
In conclusion, I would state that I am supported in this effort by
the ranking member of the Committee on Energy and Commerce, the
gentleman from Michigan, the dean of the House. I am also supported by
a number of other ranking members on our side of the aisle. The
gentleman from Missouri has already made his views firmly known before
this body, and he is our respected ranking member on the Committee on
Armed Forces, the authorizing committee. I would just say that this
issue is too important to leave all critical habitat designations as
subject to the whims and caprices of the Secretary. I would urge the
defeat of the amendment.
Mr. HUNTER. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, there is no exemption for the Marine Mammal Act, so
that is one reason why it has not been sought. I would just say there
is one endangered species that this provision protects and that is the
19-year-old Marine or soldier or airman who needs adequate training and
right now is seeing his training areas diminished by conservationism
and environmentalism. Let us give conservation and environmentalism a
good name and let us balance those two important goals with another
goal which is keeping our men and women in uniform alive when they are
in combat.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from California (Mr. Hunter).
The question was taken; and the Chairman pro tempore announced that
the ayes appeared to have it.
Mr. RAHALL. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
(Mr. Hunter) will be postponed.
It is now in order to consider amendment No. 2 printed in House
Report 108-120.
[[Page H4494]]
Amendment No. 2 Offered by Mr. Goode
Mr. GOODE. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Goode:
At the end of title X (page ____, after line ____), insert
the following new section:
SEC. ____. ASSIGNMENT OF MEMBERS TO ASSIST BUREAU OF BORDER
SECURITY AND BUREAU OF CITIZENSHIP AND
IMMIGRATION SERVICES OF THE DEPARTMENT OF
HOMELAND SECURITY.
(a) Assignment Authority of Secretary of Defense.--Chapter
18 of title 10, United States Code, is amended by inserting
after section 374 the following new section:
``Sec. 374a. Assignment of members to assist border patrol
and control
``(a) Assignment Authorized.--Upon submission of a request
consistent with subsection (b), the Secretary of Defense may
assign members of the Army, Navy, Air Force, and Marine Corps
to assist--
``(1) the Bureau of Border Security of the Department of
Homeland Security in preventing the entry of terrorists, drug
traffickers, and illegal aliens into the United States; and
``(2) the United States Customs Service of the Department
of Homeland Security in the inspection of cargo, vehicles,
and aircraft at points of entry into the United States to
prevent the entry of weapons of mass destruction, components
of weapons of mass destruction, prohibited narcotics or
drugs, or other terrorist or drug trafficking items.
``(b) Request for Assignment.--The assignment of members
under subsection (a) may occur only if--
``(1) the assignment is at the request of the Secretary of
Homeland Security; and
``(2) the request is accompanied by a certification by the
Secretary of Homeland Security that the assignment of members
pursuant to the request is necessary to respond to a threat
to national security posed by the entry into the United
States of terrorists, drug traffickers, or illegal aliens.
``(c) Training Program Required.--The Secretary of Homeland
Security and the Secretary of Defense, shall establish a
training program to ensure that members receive general
instruction regarding issues affecting law enforcement in the
border areas in which the members may perform duties under an
assignment under subsection (a). A member may not be deployed
at a border location pursuant to an assignment under
subsection (a) until the member has successfully completed
the training program.
``(d) Conditions of Use.--(1) Whenever a member who is
assigned under subsection (a) to assist the Bureau of Border
Security or the United States Customs Service is performing
duties at a border location pursuant to the assignment, a
civilian law enforcement officer from the agency concerned
shall accompany the member.
``(2) Nothing in this section shall be construed to--
``(A) authorize a member assigned under subsection (a) to
conduct a search, seizure, or other similar law enforcement
activity or to make an arrest; and
``(B) supersede section 1385 of title 18 (popularly known
as the `Posse Comitatus Act').
``(e) Establishment of Ongoing Joint Task Forces.--(1) The
Secretary of Homeland Security may establish ongoing joint
task forces if the Secretary of Homeland Security determines
that the joint task force, and the assignment of members to
the joint task force, is necessary to respond to a threat to
national security posed by the entry into the United States
of terrorists, drug traffickers, or illegal aliens.
``(2) If established, the joint task force shall fully
comply with the standards as set forth in this section.
``(f) Notification Requirements.--The Secretary of Homeland
Security shall provide to the Governor of the State in which
members are to be deployed pursuant to an assignment under
subsection (a) and to local governments in the deployment
area notification of the deployment of the members to assist
the Department of Homeland Security under this section and
the types of tasks to be performed by the members.
``(g) Reimbursement Requirement.--Section 377 of this title
shall apply in the case of members assigned under subsection
(a).
``(h) Termination of Authority.--No assignment may be made
or continued under subsection (a) after September 30,
2005.''.
(b) Commencement of Training Program.--The training program
required by subsection (b) of section 374a of title 10,
United States Code, shall be established as soon as
practicable after the date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 374 the following new item:
``374a. Assignment of members to assist border patrol and control.''.
The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the
gentleman from Virginia (Mr. Goode) and the gentleman from Texas (Mr.
Reyes) each will control 10 minutes.
The Chair recognizes the gentleman from Virginia (Mr. Goode).
Mr. GOODE. Mr. Chairman, I yield myself such time as I may consume.
This amendment is called the troops on the border amendment. This
amendment would authorize the use of troops on the borders of the
United States if the Secretary of Defense and the Secretary of Homeland
Security, after consultation, felt it was needed for our national
security, if it was needed to curtail illegal immigration, if it was
needed to curtail the flow of illegal drugs into our country.
We saw just a few weeks ago the tragedy that occurred when 19 illegal
immigrants died from suffocation. If we had had troops on the border or
this legislation if it had been passed and they were worried about
troops being on our border, it would have been a message not to attempt
something so dangerous. Having troops on our borders would save lives
and would be an enhancement to our security and our safety.
Mr. Chairman, I reserve the balance of my time.
Mr. REYES. Mr. Chairman, I yield myself such time as I may consume.
I understand the gentleman from Virginia's concern. I understand also
the need to increase enforcement along our borders to protect against
terrorism and against drug trafficking.
Mr. Chairman, I spent more than 26 years in Federal law enforcement
on the border between the United States and Mexico. I was on the front
line of our Nation's war on drugs and against terrorism. I know how
difficult it is to secure our Nation's border, and I know the need for
additional resources. However, I rise in opposition to this amendment
because it is simply the wrong solution to our current problems along
our border. This amendment will send our military personnel to our
borders at a time when they are already stretched thin in Iraq,
Afghanistan, the Philippines, and over 100 countries around the world.
{time} 1630
We cannot and should not ask our military personnel to patrol our
borders. We need our military to be at their best. Patrolling our
borders against illegal immigration has minimal military value and
detracts from training with war-fighting equipment for war-fighting
missions. It will lead to decreased military training which reduces
unit readiness levels and overall combat effectiveness of our Armed
Forces. I may not agree with the gentleman from Virginia (Mr. Goode)
today, but I know that he wants to do what is right for our country. I
would therefore ask him now to join with me and find a way to place
additional law enforcement personnel on the border, not military
personnel.
Mr. Chairman, I reserve the balance of my time.
Mr. GOODE. Mr. Chairman, I yield 3 minutes to the gentleman from
North Carolina (Mr. Jones).
Parliamentary Inquiry
Mr. JONES of North Carolina. Mr. Chairman, may I make a parliamentary
inquiry first?
The CHAIRMAN pro tempore (Mr. Bereuter). The gentleman is recognized
for a parliamentary inquiry.
Mr. JONES of North Carolina. Mr. Chairman, if I need 2 minutes, can I
yield back 1 minute? I do not want to take away from the total time. I
just need 2 minutes.
The CHAIRMAN pro tempore. Yes. The gentleman may yield back 1 minute
or whatever time remains.
Mr. JONES of North Carolina. Mr. Chairman, I rise in strong support
of this amendment from the gentleman from Virginia, troops on the
border. This amendment addresses a national security issue, and it also
addresses an economic issue. To my good friends, and they are my good
friends, on the other side, the American people want those who want to
come to this country by the legal process to come, and they are
welcome; but we must remember this country is at war. That war started
on September 11 of 2001, and last year we had about 1 million people
come to this country illegally, and I agree with the gentleman from
Virginia (Mr. Goode).
And maybe the gentleman from Texas's idea is good that we could find
a middle ground on this issue, but I will say this, that the people
that I have a chance to talk to and to represent are saying to me this
Congress and this government, this administration need to do a better
job of protecting our borders; and it does not
[[Page H4495]]
matter if the borders are America and Canada or America and Mexico. We
are talking about this Nation being at war, and we have to do a better
job. And I think this amendment that has been proposed is an answer to
a real problem; and if this is one way to force an answer, then this
amendment is good.
I will say in closing that I have read numerous polls in the last 3
years on this issue, and the American people have said, and said in
loud numbers, meaning 80 percent, 85 percent, that we want to see the
borders of this great Nation secured. So I compliment the gentleman
from Virginia (Mr. Goode), and I am going to support this amendment,
and I am going to encourage my friends to support this amendment
because the American people want our borders to be secure.
Mr. Chairman, I yield back the balance of my time. And, again, God
bless America.
Mr. REYES. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Missouri (Mr. Skelton), ranking member on the Committee
on Armed Services.
Mr. SKELTON. Mr. Chairman, I take this opportunity to speak against
this amendment. I thank the gentleman from Texas (Mr. Reyes) for his
commitment to our national defense and for his position of
strengthening our law enforcement community. He comes from a great
background and understands this issue better than anyone in this body.
Among all the reasons the gentleman from Texas (Mr. Reyes) gives to
oppose this amendment, the one I feel strongly about is the
overstretching of our troops. I am convinced that we are stretching the
young men and young women far past their capacity; and to put them on
the border where we have border patrols who are doing an excellent job
there I think is just gilding the lily and pushing it too far. We have
American troops all over the world; and I see that some of them,
frankly, are getting worn out. National Guard and Reserves are called
up and this would only exacerbate a very difficult situation. The
Northern Command exists to support the request from civil authorities,
but our troops should not substitute for our police. And I thank the
gentleman from Texas for yielding me this time.
Mr. GOODE. Mr. Chairman, I yield such time as he may consume to the
gentleman from New Jersey (Mr. Saxton).
Mr. SAXTON. Mr. Chairman, I rise in support of the gentleman from
Virginia's amendment. As we stand here today, we are under this
enhanced threat level of attack from terrorists, and it seems to me
that this amendment and the provisions of this amendment are absolutely
essential to give our Department of Defense and our Commander in Chief
the option of using our military forces to secure our border if it
becomes necessary. And while the Department of Defense may help other
Federal agencies, this amendment simply reinforces the primary role of
the armed services to protect the homeland.
The newest combat command, Northern Command, is involved in this very
issue. The statutory language supporting North Com's efforts to
reinforce the Department of Homeland Security and to set training and
policy ground rules is extremely helpful. The authority is only in
effect for 1 year and is essentially a pilot program. In other words,
let us put this in place and see how it works. If it causes problems,
we will know, and we will not renew it. But I do not see problems
occurring, and I think it is a test that we ought to run.
The use of this authority will allow North Com to better integrate
active forces and National Guard forces into homeland defense plans, a
commonsense approach and one that I commend the gentleman from Virginia
for bringing forward.
Mr. REYES. Mr. Chairman, can I inquire how much time we have
remaining.
The CHAIRMAN pro tempore. The gentleman from Texas (Mr. Reyes) has 7
minutes remaining, and the gentleman from Virginia (Mr. Goode) has 6
minutes remaining.
Mr. REYES. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Ortiz), who, like me, is an individual who enforced the laws
along the border.
(Mr. ORTIZ asked and was given permission to revise and extend his
remarks.)
Mr. ORTIZ. Mr. Chairman, this is an amendment that we have dealt with
on a yearly basis, and on a yearly basis the Department of Defense
tells us that they do not support this amendment. We have to be
realistic. I was in law enforcement like my friend here. When one is in
law enforcement, one is trained to do a certain mission, a certain
skill. The military people who serve in the military, I think there was
a group of very senior members who went to Iraq and some of the
complaints of our troops there were we were not supposed to be police
officers, we were trained to kill. And that is what they do.
So by putting troops on the border, this is not going to alleviate
matters any. We need to put people who are trained to do a certain job,
a certain skill to deal with people, and this is why we have the border
patrol. If my colleagues feel by adding more border patrol officers on
the border this is going to help, why not give them the money to do
that? They are trained exactly. We have a training center where we pay
millions of dollars to operate to train them adequately. Why do we not
do that? We have 120-or-some thousand more troops stationed around the
world. Can my colleagues imagine what this is going to do to our
readiness by giving them a different mission to train on a different
skill? This is absurd.
I think that we need to do something, but putting troops on the
border is not going to answer the problem that we have. I think that we
should focus and put our energy on people that are trained to do the
job, and I urge my friends to defeat this amendment.
Mr. GOODE. Mr. Chairman, I yield such time as he may consume to the
gentleman from Colorado (Mr. Tancredo).
Mr. TANCREDO. Mr. Chairman, I thank the gentleman for yielding me
this time.
Every nation on the face of the Earth uses their military for the
purpose of defense and uses their military on their borders for that
very purpose. We are unique in that we have chosen over the years to
avoid that use of the military, but the time has come for us to rethink
this. The time has come for us to use our military in a way that every
other country uses their military, to protect and defend their own
borders. It is true, I have heard so often from Members of the other
side, that we have our military spread all over the world. Undeniably
true. And intriguingly and almost ironically in many of the places
where we have our military stationed, they are stationed for the
purposes of defending borders. We are defending borders in Korea. We
are defending borders in Kosovo. We are defending borders in
Afghanistan with our troops. Yet we refuse to use our troops to defend
our borders. Is that not peculiar, to say the least? Is it not ironic
at least?
The issue of the training, let me relate a story that happened to me.
I had the opportunity to visit the northern border about a year and a
half ago, not too far from Bonner's Ferry, Idaho. There was an exercise
at the time underway. One hundred Marines were on the border working in
conjunction with the border patrol and the Forest Service. This was a
2-week exercise, just to see what we could do, what actually we could
do to help improve border security by using the military. It was a
fascinating experiment, and I hope the gentlemen who have raised the
issue of training so often would pay close attention here because it
was an experience that I think they should all observe.
One hundred Marines on the border trying to control in this case
about 100 miles of border. And they brought with them three UAVs,
unmanned aerial vehicles, and two radar facilities. And in the use of
these radar facilities and the UAVs, they were able to actually stop,
while I was there, four people who were attempting to come across on
all-terrain vehicles carrying 400 pounds of drugs; and a light plane
was intercepted using those two radar stations. The interesting thing
is that when I was talking to the commander of the Marine detachment
who was there subsequent to this experience, he said, This was the best
training we have ever had. This was the best training we have
[[Page H4496]]
ever had. He said we were operating in a realtime environment. There
were real bad guys we were trying to stop coming across this border,
and this is the roughest terrain we have ever operated in.
So when we are talking about the use of the military, when we are
talking about training exercises and how if we were actually to employ
the military on the border that this would somehow or other detract
from their own training activities, I would say it is just the
opposite. Talk to the Marines. Ask them about whether or not this was
not what I have just described, the ``best training activity'' they
have ever had.
I completely support those folks who have indicated a desire to put
more resources into the border patrol. Absolutely, no problem at all as
far as I am concerned. I would vote for it in a heartbeat. I would
encourage all of my colleagues to do exactly the same thing. The
reality is this, that even if tomorrow we doubled or tripled the amount
of people and resources that we would devote to the border patrol, just
the process of getting them trained online and ready to work would be
so long and so cumbersome that frankly it seems to me that this
alternative, the use of the military when necessary to augment, no one
is suggesting and certainly my friend from Virginia is not suggesting
that this be the place for the military forever, but they could augment
the services of the border patrol. They could provide the technical
capabilities, the unmanned vehicles, the radar stations and all the
rest, as I say, that the military can bring with them and be benefited
by in the process.
It seems like a very symbiotic relationship that we can actually use
the military and the border patrol in conjunction with each other to
accomplish the goal of a safe, secure border, a border that would in
fact in reality, a secure border, have helped prevent the kind of
horrible events that we have been witnessing recently.
The CHAIRMAN pro tempore. The Chair would advise that the gentleman
from Texas (Mr. Reyes) has 5 minutes remaining. The gentleman from
Virginia (Mr. Goode) has 1\1/2\ minutes remaining, and the gentleman
from Texas (Mr. Reyes) has the right to close.
Mr. REYES. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Filner).
Mr. FILNER. Mr. Chairman, I rise in opposition to the amendment. The
Goode amendment is bad, and I will tell the Members that evaluation
comes from those folks who represent the Texas and the California
border. I represent all of the California-Mexico border. One of my
crossings is the busiest border crossing in the entire world. In the
various border crossings in my district, a quarter of a million people
per day cross the border legally.
{time} 1645
So I think I have some experience with border crossings. And, yes, we
have to get better control of our border, and we have reorganized our
government and established a Department of Homeland Security to do just
that, and we hope they will get the proper resources to do that.
Yes, we have a lot to do, but it is not arming the border that is the
answer. As has been pointed out, we have the best military in the
world. We just proved it in Iraq. They are trained to kill.
I will tell Members, the people who live in my district, 55 percent
of whom are Americans of Mexican descent, do not like this idea. They
are worried about the idea.
I would say to the gentleman from Colorado (Mr. Tancredo), the kind
of training mission that the gentleman mentioned actually killed an
American citizen of Mexican descent, an 18-year-old, ironically, who
wanted to be a Marine. It was an accident. He could not tell the
illegal from the legal. That is what we want to make sure does not
happen on the border with Mexico.
I want to remind my friends, Mexico is a friendly nation. I do not
think they have made any attempts at invasion since the Alamo. So this
proposal would make a very fragile relationship right now even worse,
and that is not what we ought to be doing.
If you want to help us control the border, all you folks from North
Carolina and Virginia and Colorado and New Jersey, give us some
technology. Ninety-five percent of the people who cross every day in my
district cross frequently. With technology we can give them smart
cards, they can cross the border, and we can focus our attention on the
illegal crossings. This is the wrong way to go.
Mr. REYES. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
Texas (Mr. Rodriguez).
Mr. RODRIGUEZ. Mr. Chairman, this amendment is a bad idea, and I will
tell you why. We are proud of our military. They are over in 100
countries throughout the world, from Iraq to Afghanistan to Philippines
to South Korea, and they are overextended. We cannot afford to send our
military personnel to the border.
The ones who are responsible for that is the new Department of
Homeland Security. The idea of military presence on the border is not a
new idea. We have had that, and it has been devastating.
In 1997, a Marine anti-drug patrol shot to death a young man, Esquiel
Hernandez. You tell Mrs. Hernandez if that was the right thing to do,
to have Marines down there, when this young man was in high school,
taking care of his goats on the border. He was shot by a Marine. The
child was an American citizen.
In addition to that, our number one and number two trading partners
are Canada and Mexico. If you are a terrorist, one of the things you
want to do, you want to distract and make sure the economy goes into
disruption.
This is not the way to do it. We need to make sure that we continue
to work with our friends, both in Mexico and Canada, and this is the
wrong way and the wrong approach to take.
Now is the crucial time for us to work with Mexico and Canada. These
two countries are our partners. We have to be secure and make sure that
Canada is secure and that Mexico is secure in order for us to be
secure. And we have got to continue to make that effort. We live in a
culture where we interact on the border, and I live on the border. I am
not in Colorado with the gentleman from Colorado (Mr. Tancredo).
Mr. GOODLATTE. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, that was a tragedy about the shooting of the 18-year-
old young man, Mr. Hernandez, who was shepherding his family's goats.
But let me tell you a little bit more about the story. He had a .22
rifle. He fired twice at the Marines and was aiming to fire a third
time, and only then was fire returned and, regrettably, he was killed
with a single shot.
We need to pass this amendment today. We need to send a message to
the illegal drug traffickers, hey, we are going to have the authority
to put troops on the border. We need to send a message to illegal
aliens coming into this country that we are going to put troops on the
its border and stop it. And to those terrorists who are in Mexico, such
as that reported by the Washington Times that al Qaeda is there, we
need to send them a message: We are going to stop you at the border;
you are not getting in.
Let us put troops on the border and vote yes for this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. REYES. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, in closing, let me clear the record. When the gentleman
from Virginia (Mr. Goode) talks about the young man that fired off at
the Marines, he did not know what he was firing at. They were operating
in a covert and camouflaged situation, and he did not know what they
were. So he did fire a shot at them. But the important thing there is
one life lost in an ill-conceived policy is one life too many.
When they talk about the authority that the President needs to be
able to do that, he has that authority already in several different
parts of our law. When he talks about the value of training for our
military, I would remind my colleagues, the military in Baghdad pleaded
with us and said, look, we trained for combat. We have won this war.
Get us out of here. We are not cops, we are not infrastructure
protectors, we are not policemen. Get us out of here. We trained for
combat. That is their role.
Secondly, you do not want to subject border communities to marshal
law.
[[Page H4497]]
You talk about sending a message? The message that you are sending is
this, that we are thinking of our military as expendable. We are
willing to send them to the border, where they may become legally
liable should they shoot another Esquiel on the border. They are
legally liable.
Secondly, they are trained for combat. You cannot expect our military
to change hats, one for combat and one for civil law enforcement.
We deserve better. We can do better. Let us give the resources to
Federal agencies that are responsible for this kind of duty and not
subject our military and abuse our military.
Mr. BACA. Mr. Chairman, I rise in strong opposition to the Goode
amendment.
The United States is battling the forces of international terrorism.
This amendment hurts this battle by reallocating resources that already
exist in our border patrols.
The Department of Defense opposes this bill. Why? Because it is not
intended to secure our border, it is intended to affect immigration and
to intimidate the millions of Mexican-Americans and Latinos that live
in our Nation's border region.
Let us remember little Ezequiel Hernandez who was shot dead by Marine
snipers while he was herding his goats.
I am deeply concerned that by placing combat ready troops at our
borders, our borders will become a war zone. Our Nation will be
perceived, and rightly so, to be engaging in a war against Latino
immigrants. This is nothing new.
We must take urgent measures to protect our Nation, but we cannot do
so at the expense of our values, traditions, and freedoms. We cannot do
so at the expense of ending what little goodwill exists with our border
neighbors.
Our challenge is to keep out terrorists who want to destroy this
country while welcoming the newcomers who want to help build it.
Putting troops on the border will not make our borders safer. Putting
troops on the border only guarantees more accidental deaths of Latinos
like little Ezequiel. This child deserved to grow up, graduate from
school, marry, have children, and live a long fruitful life. He
definitely did not deserve to be shot dead.
It is certain that others like little Ezequiel will die if we pass
this thin-veiled anti-immigrant amendment.
Military personnel are not trained for border patrolling they are
trained for war and combat. They are not trained to be sensitive to
civil liberties. They are trained to fight terrorists and we need to
let them do their job--abroad. The U.S. military does not police
civilian populations lest we forget the lessons of history from the
Soviet Union and its satellite nations.
If we really want to secure our borders, we should increase funding
for local law enforcement. We should not divert funds and shift the
focus away from the war on terror. Our enemies are terrorists, not
immigrants.
The CHAIRMAN pro tempore (Mr. Bereuter). All time for debate has
expired.
The question is on the amendment offered by the gentleman from
Virginia (Mr. Goode).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mr. GOODE. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Virginia
(Mr. Goode) will be postponed.
Sequential Votes Postponed In Committee of the Whole
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII,
proceedings will now resume on those amendments on which further
proceedings were postponed, in the following order:
Amendment No. 1 offered by Mr. Hunter; and
Amendment No. 2 offered by Mr. Goode.
The Chair will reduce to 5 minutes the time for the second electronic
vote.
Amendment No. 1 Offered by Mr. Hunter
The CHAIRMAN pro tempore. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. Hunter) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 252,
noes 175, not voting 7, as follows:
[Roll No. 205]
AYES--252
Aderholt
Akin
Alexander
Bachus
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Bereuter
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burns
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Cardoza
Carson (OK)
Carter
Castle
Chabot
Chocola
Coble
Cole
Collins
Combest
Cooper
Cox
Cramer
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emerson
English
Everett
Feeney
Ferguson
Fletcher
Foley
Forbes
Ford
Fossella
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Goss
Granger
Graves
Green (WI)
Greenwood
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Holden
Hostettler
Houghton
Hulshof
Hunter
Hyde
Isakson
Israel
Issa
Istook
Janklow
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Latham
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (KY)
Lucas (OK)
Lynch
Manzullo
Marshall
Matheson
McCotter
McCrery
McHugh
McInnis
McIntyre
McKeon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Murtha
Musgrave
Myrick
Nethercutt
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Ose
Otter
Oxley
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schrock
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Snyder
Souder
Stearns
Stenholm
Sullivan
Tancredo
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Turner (TX)
Upton
Vitter
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOES--175
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Ballance
Becerra
Bell
Berkley
Berman
Bishop (NY)
Blumenauer
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Capps
Capuano
Cardin
Carson (IN)
Case
Clay
Clyburn
Conyers
Costello
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley (CA)
Doyle
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Flake
Frank (MA)
Frost
Gonzalez
Gordon
Green (TX)
Grijalva
Gutierrez
Harman
Hastings (FL)
Hill
Hinchey
Hoeffel
Holt
Honda
Hooley (OR)
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind
Kleczka
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lipinski
Lofgren
Lowey
Majette
Maloney
Markey
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore
Moran (VA)
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Solis
Spratt
Stark
Strickland
Stupak
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
[[Page H4498]]
Walden (OR)
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOT VOTING--7
Abercrombie
Burr
Gephardt
Hinojosa
LaTourette
Lewis (GA)
Sweeney
Announcement by the Chairman Pro Tempore
The CHAIRMAN pro tempore (Mrs. Biggert) (during the vote). Members
are reminded that there are less than 2 minutes remaining in this vote.
{time} 1714
Mr. OWENS and Mr. WALDEN of Oregon changed their vote from ``aye'' to
``no.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Announcement by the Chairman Pro Tempore
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, the
next vote will be conducted as a 5-minute vote.
Amendment No. 2 Offered by Mr. Goode
The CHAIRMAN pro tempore. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Virginia
(Mr. Goode) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 250,
noes 179, not voting 5, as follows:
[Roll No. 206]
AYES--250
Aderholt
Akin
Alexander
Bachus
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Boyd
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Calvert
Camp
Cannon
Cantor
Capito
Cardoza
Carson (OK)
Carter
Case
Castle
Chabot
Chocola
Coble
Cole
Collins
Combest
Cooper
Costello
Cox
Cramer
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis (TN)
Davis, Jo Ann
Deal (GA)
DeFazio
DeLay
DeMint
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Dingell
Doolittle
Duncan
Dunn
Emerson
Engel
English
Etheridge
Everett
Feeney
Ferguson
Fletcher
Foley
Forbes
Ford
Fossella
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Gordon
Goss
Granger
Graves
Green (WI)
Greenwood
Gutknecht
Hall
Harris
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hooley (OR)
Hostettler
Hulshof
Hunter
Hyde
Isakson
Israel
Issa
Istook
Janklow
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
Kind
King (IA)
King (NY)
Kingston
Kirk
LaHood
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lowey
Lucas (KY)
Lucas (OK)
Majette
Manzullo
Marshall
Matheson
McCotter
McCrery
McHugh
McInnis
McIntyre
McKeon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moore
Moran (KS)
Murphy
Musgrave
Myrick
Nethercutt
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Ose
Otter
Oxley
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Quinn
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schrock
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Spratt
Stearns
Strickland
Sullivan
Tancredo
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Tiahrt
Tiberi
Toomey
Turner (OH)
Udall (CO)
Upton
Vitter
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOES--179
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Ballance
Becerra
Bell
Bereuter
Berkley
Berman
Berry
Blumenauer
Brady (PA)
Brown (OH)
Brown, Corrine
Buyer
Capps
Capuano
Cardin
Carson (IN)
Clay
Clyburn
Conyers
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Tom
DeGette
Delahunt
DeLauro
Dicks
Doggett
Dooley (CA)
Doyle
Dreier
Edwards
Ehlers
Emanuel
Eshoo
Evans
Farr
Fattah
Filner
Flake
Frank (MA)
Frost
Gonzalez
Green (TX)
Grijalva
Gutierrez
Harman
Hart
Hastings (FL)
Hastings (WA)
Hill
Hinchey
Hoeffel
Holden
Holt
Honda
Houghton
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kleczka
Kline
Knollenberg
Kolbe
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Lipinski
Lofgren
Lynch
Maloney
Markey
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pelosi
Price (NC)
Putnam
Rahall
Rangel
Reyes
Rodriguez
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (VA)
Serrano
Sherman
Simmons
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Souder
Stark
Stenholm
Stupak
Tauscher
Thompson (CA)
Thompson (MS)
Thornberry
Tierney
Towns
Turner (TX)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Waters
Watson
Watt
Waxman
Weiner
Wexler
Wilson (NM)
Woolsey
Wu
Wynn
NOT VOTING--5
Gephardt
Hinojosa
Lewis (GA)
Rothman
Sweeney
Announcement by the Chairman Pro Tempore
The CHAIRMAN pro tempore (Mrs. Biggert) (during the vote). Members
are advised that there are less than 2 minutes left to record their
vote.
{time} 1723
So the amendment was agreed to.
The result of the vote was announced as above recorded.
(Mr. SHIMKUS asked and was given permission to speak out of order for
1 minute.)
Informing Members of Page Reception
Mr. SHIMKUS. Madam Chairman, I want to remind all Members that the
page reception is occurring as we speak down in the Members' dining
room. If you have a page here in this class, if you would get down to
the Members' dining room and make sure you say hi to them. If you are a
Member that has developed a good relationship with pages and want to
make sure you say farewell, that is going on now as we speak.
The CHAIRMAN pro tempore. It is now in order to consider amendment
No. 3 printed in House Report 108-120.
Amendment No. 3 Offered by Ms. Loretta Sanchez of California
Ms. LORETTA SANCHEZ of California. Madam Chairman, I offer an
amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Ms. Loretta Sanchez of
California:
At the end of title VII (page 196, after line 12), add the
following new section:
SEC. 708. LIMITING RESTRICTION OF USE OF DEPARTMENT OF
DEFENSE MEDICAL FACILITIES TO PERFORM ABORTIONS
TO FACILITIES IN THE UNITED STATES.
Section 1093(b) of title 10, United States Code, is amended
by inserting ``in the United States'' after ``Defense''.
The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the
gentlewoman from California (Ms. Loretta Sanchez) and a Member opposed
each will control 15 minutes.
The Chair recognizes the gentlewoman from California (Ms. Loretta
Sanchez).
Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield myself
such time as I may consume.
Today I offer an amendment about freedom, safety and choice. Members
of
[[Page H4499]]
the Armed Services are entitled to a quality of life equal to that of
the Nation they are pledged to defend. Whether you are pro-life or pro-
choice, agree or disagree with the merits of reproductive freedom, the
facts remain, the women of the United States have a constitutional
right to reproductive services. So why would we choose to place an
overseas female soldier or military dependent into a subclass of
citizenship?
Currently, servicewomen may fly back to the United States to obtain
reproductive services but only after they have authorization from
commanding officers and can find a space on a military transport. If
your daughter, wife, sister or friend had to make a tough reproductive
choice and were stationed overseas, do you believe that as adult women
they should be required to disclose this information to their
commanding officer? Would you want to put her on the plane alone? Our
servicewomen and dependents deserve better.
My amendment allows military personnel and their dependents serving
overseas to use their private funds to obtain safe, legal abortion
services in overseas military hospitals. No Federal funds would be
used. This amendment will only affect United States military facilities
overseas, and my amendment will not violate host country laws. It does
not compel any doctor who opposes abortion on principle to perform one.
It will, however, open up reproductive services at bases in countries
where abortion is legal.
Vote for the rights of our servicewomen and dependents abroad. Vote
for the Sanchez amendment.
Madam Chairman, I reserve the balance of my time.
Mr. RYUN of Kansas. Madam Chairman, I claim time in opposition to the
Sanchez amendment.
The CHAIRMAN pro tempore. The gentleman from Kansas (Mr. Ryun) is
recognized for 15 minutes.
Mr. RYUN of Kansas. Madam Chairman, I yield myself such time as I may
consume.
Under this amendment, abortions could be performed in military
medical facilities outside of the United States for any reason. Self-
funded abortions would no longer be limited to cases in which the life
of the mother is in danger or in cases of rape or incest.
{time} 1730
The gentlewoman from California (Ms. Loretta Sanchez) stated the
reason for offering this amendment is that female servicemembers and
dependents overseas are denied equal access to health care, effectively
putting their lives and health in harm's way, and that simply is wrong.
In overseas countries where safe and legal abortions are not available,
servicemembers and their dependents have the option of using space-
available travel for returning to the United States or traveling to
another overseas country for the purpose of obtaining an abortion.
Additionally, DOD doctors are still required to obey the abortion
laws of the countries where they are providing services. Thus, if this
amendment became law, they still could not perform abortions in these
locations where abortion is restricted or is not permitted. In such
cases, pregnant women would be able, as they are now, to travel to a
nearby country or back to the United States on a military flight or on
a space-available basis.
Ask any military doctor if they joined up to perform abortions, and
they will simply say they entered to save lives. Congress should not
take a step towards putting these doctors in a position of taking the
most innocent of human life. There is no demonstrated need to increase
the number of abortion procedures at military installations. This
amendment does not seek to address an operational requirement or ensure
access to an entitlement. It is simply aimed at introducing this very
contentious and divisive issue in the defense authorization fight, and
I encourage my colleagues to oppose this amendment.
Madam Chairman, I reserve the balance of my time.
Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield 2 minutes
to the gentlewoman from California (Ms. Harman) and the original
sponsor of this bill way back when.
Ms. HARMAN. Madam Chairman, I thank my colleague for yielding me this
time, and I commend her for her leadership on this very important
issue.
Madam Chairman, as communities across the Nation begin to welcome
home members of our Armed Forces who served in Afghanistan and Iraq,
and to honor those who continue to serve in our ongoing war on
terrorism, we are, at the same time, turning America's brave
servicewomen into second-class citizens. So long as this Congress
continues a policy that fails to afford servicewomen their
constitutional right to comprehensive health care, regardless of where
they serve, we continue to do them serious harm.
Since 1989, and except for 2 years early in the Clinton
administration, Congress has barred a woman's access to necessary
health care services at overseas bases, even when paid for by their own
funds. When I served on the Committee on Armed Services, way back when,
I sponsored this same amendment to restore the rights of servicewomen
serving overseas. And before me, our colleague, the gentlewoman from
Connecticut (Ms. DeLauro), courageously fought this battle.
I have long believed that the current policy is unconstitutional and,
if challenged, would be overturned as a violation of Roe v. Wade. In
practical terms, the policy exposes our servicewomen serving in austere
locations overseas to unsanitary and unsafe medical facilities, and it
requires that a woman violate her right to privacy by requiring that
she secure permission from a superior officer to travel back to the
United States to terminate an unwanted pregnancy, a requirement that
violates her rights under Roe v. Wade.
Today, this body has another opportunity to right this obvious wrong.
As the sponsor pointed out, we do not ask that the Federal Government
pay for abortions overseas. Women who want this procedure will have to
pay for it. Nor do we compel medical professionals to provide the
procedure. There is a conscience clause. As servicewomen and female
dependents deploy abroad, it is time to send the right message. As they
protect our constitutional rights to life and liberty, we need to
protect theirs.
Vote for the Sanchez-Harman-DeLauro amendment.
Mr. RYUN of Kansas. Madam Chairman, I am pleased to yield 1 minute to
the gentlewoman from Colorado (Mrs. Musgrave).
Mrs. MUSGRAVE. Madam Chairman, I rise in opposition to this
amendment. We have had issues that come up which I call perennials.
Year after year they come up and, fortunately, in my opinion, this one
keeps failing every year. I am glad that the House rejected this
amendment in 2002, 2001, 2000, 1999, 1998, 1997, and 1996.
Whenever this amendment is brought up, the word ``choice'' is always
brought into the conversation. I would urge my colleagues to respect
the choices of the American taxpayers. The men and women that get up
and go to work every day and pay their taxes in this country have
spoken very clearly that they do not want their tax dollars used to
provide abortions.
Military treatment centers, the very centers that are funded by these
American taxpayers who get up and go to work every day and pay their
taxes, should be used and dedicated for the healing and nurturing of
human life, not taking the life of the most vulnerable of all human
beings, the unborn child.
Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield 1 minute
to the gentlewoman from California (Mrs. Tauscher), one of my
colleagues on the Committee on Armed Services.
Mrs. TAUSCHER. Madam Chairman, I thank my colleague for yielding me
this time, and I rise to express my support for the Sanchez amendment.
This amendment would provide equal access to women in the military
who are serving overseas. Currently, women who have volunteered to
serve our country and female military dependents are denied their
legally guaranteed right to choose simply because they are stationed
overseas. All military women, including those deployed overseas, should
be able to depend on their base hospitals for all of their health care
needs.
A repeal of the current ban on personally funded abortions would
allow women access to the same range and
[[Page H4500]]
quality of reproductive health care available in the United States.
Most importantly, the Sanchez amendment would allow our servicewomen
privacy in making this important personal decision. Under current law,
military women must either go off base or must ask their commander for
time off to travel back to the United States.
Madam Chairman, I hope we can support this amendment and ensure that
American women stationed overseas are afforded the same basic rights as
women at home. I urge my colleagues to support this critical amendment.
Mr. RYUN of Kansas. Madam Chairman, I am pleased to yield such time
as he may consume to the gentleman from Georgia (Mr. Gingrey).
(Mr. GINGREY asked and was given permission to revise and extend his
remarks.)
Mr. GINGREY. Madam Chairman, I thank the gentleman for yielding me
this time, and I rise today in strong opposition to the Sanchez
amendment.
Current law prevents military facilities located overseas from
performing abortions. This amendment would reverse this ban and allow
facilities tasked with saving and preserving the lives of our military
personnel to literally becoming abortion clinics.
Madam Chairman, I am sure that most of my colleagues are aware that
the House has rejected this exact same amendment during committee and
floor consideration of the defense authorization bill in each of the
last 7 years. This body has acted wisely on this misguided amendment
and for good reason.
I oppose this amendment not only as a member of the House Committee
on Armed Services that is strongly committed to our national defense,
but also as an OB-GYN physician of almost 30 years. In my career
practicing medicine, I have delivered over 5,000 babies, and I remain
steadfastly committed to pro-life principles.
Again, the primary mission of the military treatment center is to
heal and protect human life, but this amendment seeks to overturn this
mission and convert these facilities into providers of abortion
instead.
Madam Chairman, I urge my colleagues to protect the sanctity of human
life and oppose this Sanchez amendment.
Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield 1 minute
to the gentlewoman from California (Mrs. Davis), another member of the
Committee on Armed Services.
Mrs. DAVIS of California. Madam Chairman, I rise in support of the
Sanchez amendment.
As a mother and military spouse who lived overseas during the Vietnam
War, my heart breaks when I read about the experiences of American
military women who are left on their own to seek reproductive health
services in a foreign country. As a member of the Committee on Armed
Services, I am moved to change the law and offer these servicewomen
safe medical care for services they are even willing to pay for.
One woman wrote to me the following after being turned away at her
base: ``The military expects nothing less than the best from its
soldiers, and I expect the best medical care in return. If this is how
I will continue to be treated as a military servicemember by my country
and its leaders, however, I want no part of it.''
I urge my colleagues to join me in supporting the Sanchez amendment.
Mr. RYUN of Kansas. Madam Chairman, I am pleased to yield 1 minute to
the gentleman from Florida (Mr. Weldon).
Mr. WELDON of Florida. Madam Chairman, I thank the gentleman for
yielding me this time. This is now the ninth time I have risen to speak
against this amendment.
I practiced medicine in the Army for 6 years before I was elected to
the House of Representatives, and I was in the Army when President
Reagan initially made his executive order stating that we would no
longer do abortions in military hospitals. We in the medical care
community in the military were very pleased with this.
I have talked to a lot of nurses and a lot of doctors about this
issue, and many of them are pro-life and they say they were very glad
it was removed, but many of them are actually pro-choice but they all
say the same thing to me. They say they are pro-choice, but I would
never do an abortion. They say they are pro-choice, but I would never
assist in an abortion. And they were all very, very happy to get this
out of the military medical facilities.
This would be a step in the wrong direction. It would be bad for
morale. And I wholeheartedly concur with the comments of my physician
colleague, the gentleman from Georgia (Mr. Gingrey).
Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield 1 minute
to the gentlewoman from California (Ms. Woolsey).
Ms. WOOLSEY. Madam Chairman, I rise today in strong support of the
Sanchez amendment. Over the last few months, we have voiced our support
for the troops many, many times. Tax relief, loan forgiveness, and
resolutions of support are well and good. But I know of no better way
to demonstrate our real support for our troops than by finally giving
women in our Armed Forces and the wives and daughters of the men in our
military the ability to exercise their constitutional right to
reproductive choice and reproductive health while being stationed
abroad.
We routinely ask servicewomen to put their lives on the line in
defense of our country and our country's ideals. That is why we must
not require them to put their lives on the line when seeking
constitutionally protected reproductive services. Please join me in
supporting our troops by supporting the Sanchez amendment.
Mr. RYUN of Kansas. Madam Chairman, may I inquire how much time I
have remaining.
The CHAIRMAN pro tempore (Mrs. Biggert). The gentleman from Kansas
(Mr. Ryun) has 10 minutes remaining, and the gentlewoman from
California (Ms. Loretta Sanchez) has 8 minutes remaining.
Mr. RYUN of Kansas. Madam Chairman, I am pleased to yield 1 minute to
the gentleman from Arizona (Mr. Franks).
Mr. FRANKS of Arizona. Madam Chairman, I rise in opposition to this
amendment.
Over the last 30 years, abortion on demand has left 42 million
separate scars on the soul of America. Madam Chairman, every time one
took place, a mother's heart was never quite the same, a nameless
little baby died a tragic and lonely death, and all of the gifts that
child might have brought to this world were lost forever.
Madam Chairman, there are many lying out in the field of Arlington
today that died for a basic principle, and that is the basic principle
that we are here for today, which is to compile amendments and laws
that will protect the innocent from those that would desecrate their
rights and their lives.
Madam Chairman, if we turn military clinics and hospitals into
abortion clinics, we dishonor their memory; and we say to the world
that we do not have the insight to find better ways to help mothers
than killing their children for them.
Madam Chairman, I hope we will defeat this amendment.
Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield 1 minute
to the gentlewoman from Colorado (Ms. DeGette).
Ms. DeGETTE. Madam Chairman, the gentleman from Kansas said not to
worry, our servicewomen can exercise their full right of reproductive
services that are legal here at home, because all they have to do is
either get space available on an airplane or go to another country in
the region where abortion is legal.
{time} 1745
Well, what do you say to the courageous servicewomen in Iraq who
might be pregnant who might not have known they were pregnant when they
left? Space available, that is not enough for them. If we are forcing
them into a second trimester abortion, the health risks are much
higher.
So where are they going to go? Saudi Arabia? Iran? This is
disrespectful to our fighting women all around the world.
The problem is even greater now when we have servicewomen in large
numbers deployed all around the world in regions where abortion is not
safe and legal. So I challenge my colleagues who even consider voting
against this amendment to look into the eyes of these servicewomen and
say to them that they can fight for me, they can die
[[Page H4501]]
for me, but they cannot make their own reproductive health choices.
Mr. RYUN of Kansas. Madam Chairman, I yield such time as he may
consume to the gentleman from Pennsylvania (Mr. Pitts).
Mr. PITTS. Madam Chairman, I rise in opposition to the Sanchez
amendment which would force military medical facilities to provide
abortions. In recent months, we have witnessed the courage and bravery
of our men and women of our Armed Forces, and they have risked their
lives in the war on terror and the war in Iraq. They have risked their
lives in order to preserve and extend the right to life and liberty at
home and abroad.
U.S. military personnel aboard the USS Comfort and in other U.S.
military medical facilities have extended hope and healing to the
wounded. How do we repay them? How do we thank them for their sacrifice
and selflessness? The Sanchez amendment would repay them by forcing
military medical personnel to be complicit in the taking of human life.
It would divert precious medical resources such as staff time,
equipment and facilities away from the front lines of battle. The
Sanchez amendment would promote bad medicine and the poor use of scarce
taxpayer dollars.
Abortion is the most violent form of death known to mankind, death by
decapitation, dismemberment, a horrible, horrific death. We should
defeat the Sanchez amendment.
Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield myself
such time as I may consume.
Madam Chairman, I would remind Members there is a clause that doctors
do not have to perform these services if they are opposed to them. We
are not making medical personnel do something that they are opposed to
or do not believe in.
Madam Chairman, I yield 1 minute to the gentleman from Illinois (Mr.
Kirk).
Mr. KIRK. Madam Chairman, I thank the gentlewoman for her amendment
and support it. American uniformed women stationed overseas depend on
base hospitals for their medical care, often situated in areas where
local facilities are inadequate. We have over 100,000 American women in
uniform now on active duty with spouses and dependents who depend on
those base hospitals.
Just 3 years ago, I served as a Navy air crewman at the Insurlik Air
Base in Adona, Turkey. The thought of sending one of my female
colleagues to the Turkish hospital in downtown Adona for her medical
care rather than in the American base hospital where they would
understand her own language is an anathema to me.
Women who serve in our Armed Forces and wear the uniform should have
the same rights as women in our country, and that is a basic principle
we stand for. I urge adoption of the amendment.
Mr. RYUN of Kansas. Madam Chairman, I yield such time as he may
consume to the gentleman from Arizona (Mr. Renzi).
Mr. RENZI. Madam Chairman, I rise in opposition to this amendment.
Our military's primary responsibility is to defend American lives in
every capacity. Therefore, military hospitals should not be turned into
abortion clinics. This amendment would corrupt the mission of our
military by using military hospitals, built also by pro-life American
taxpayers, for the purposes of performing abortions.
Many military doctors and nurses have already made it clear they will
refuse to perform abortions. Therefore, those doctors who exercise
their conscience clause would force the military to go look for,
search, hire, and transport civilian abortionists onto military bases
and hospitals overseas. In the past, our military has not given its war
fighters enough pay raises, and now we are forced to debate whether or
not to use defense dollars to search for civilian abortionists in
foreign countries.
This amendment is a misguided attempt to insert the pro-abortion
agenda into a piece of legislation that is instrumental to the defense
of our Nation. Reject this amendment to alter the purpose and
obligations and traditions of our military hospitals. Reject this
amendment and allow military doctors to save lives on the battlefield,
rather than abort them in military hospitals.
Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield myself
such time as I may consume.
I would like to remind my colleagues that no public funds are used
under this amendment. The individual who wishes to have an abortion
would have to pay from her own funds.
Madam Chairman, I yield 1 minute to the gentlewoman from New York
(Mrs. Maloney).
(Mrs. MALONEY asked and was given permission to revise and extend her
remarks.)
Mrs. MALONEY. Madam Chairman, I strongly urge a ``yes'' vote for the
Sanchez amendment which will protect women's health and rights
overseas.
War has just ended in Iraq and Afghanistan, yet we still have many
servicewomen overseas who are risking their lives to protect our lives
and our rights as U.S. citizens. One of those rights is a woman's right
to choose, but women serving effectively lose this constitutional right
at U.S. military bases where they literally cannot even pay for this
medical procedure with their own money.
A male member of the Armed Services needing medical attention
receives the best, but a female member needing a specific medical
procedure must return to the United States, often at great expense, or
go to a foreign hospital which may be unsanitary and dangerous. This is
absolutely wrong. After over 200 anti-choice votes, this is yet another
one.
Madam Chairman, I place in the Record a list of distinguished
organizations that have come out in support of protecting women's
rights overseas.
College of Obstetricians and Gynecologists; The American
Association of University Women; National Women's Law Center;
American Medical Women's Association; Physicians for
Reproductive Choice and Health; The Bipartisan Pro-Choice
Caucus; Planned Parenthood; and NARAL.
Mr. RYUN of Kansas. Madam Chairman, I yield such time as he may
consume to the gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Madam Chairman, I thank the gentleman for
his outstanding leadership on this issue.
Madam Chairman, nine out of ten hospitals in the United States
adamantly refuse to abort unborn children, and the trend is for
hospitals to divest themselves of abortion.
It is outrageous that, as hospitals in our country repudiate
abortion, the Sanchez amendment seeks to turn our overseas military
hospitals into abortion mills. With all due respect to the gentlewoman
from California (Ms. Loretta Sanchez), the amendment she offers will
result in babies being brutally killed by abortion and will force pro-
life Americans to facilitate and to subsidize the slaughter of innocent
children.
We do not want any part of that carnage, and when President Clinton
in the previous administration sought to impose this kind of activity
upon our military not a single military doctor in our overseas
hospitals wanted to be a part of it. They had to look outside the
system because they were pro-life, and they wanted to nurture and care
for, provide maternal health care, prenatal health care, not the
killing of those babies.
Madam Chairman, let us be clear. Abortion is violence against
children. Some abortion methods dismember and rip apart the fragile
bodies of children. Other methods chemically poison children.
Abortionists turn children's bodies into burned corpses, a direct
result of the caustic effect of salt poisoning and other methods of
chemical abortions.
I would say to my colleagues, there is absolutely nothing benign or
curing or nurturing about abortion. It is violence. It is gruesome. And
yet the apologists sanitize the awful deed with soothing, misleading
rhetoric. Abortion methods are particularly ugly because, under the
guise of choice, they turn baby girls and baby boys into dead baby
girls and dead baby boys.
We have had enough loss of innocent life. Reject the Sanchez
amendment.
Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield 1 minute
to the gentlewoman from California (Ms. Lee).
Ms. LEE. Madam Chairman, I rise today in strong support of the
Sanchez amendment and want to commend and thank the gentlewoman for her
tireless fight for the rights of all women, including women serving in
our military.
[[Page H4502]]
It is absurd that we must come to the floor annually to fight to
repeal this unfair and discriminatory policy of denying servicewomen
and female military dependents from using their own money for abortions
at overseas military hospitals. At a time when many servicewomen are
overseas serving in Iraq, Afghanistan, and elsewhere, this policy is
extremely cruel.
We support our troops, yet we deny women serving in our Armed Forces
access to vital reproductive health services. How patriotic is this?
Military women should be able to depend on their base hospitals for all
of their health care services. A repeal of the current law ban on
privately funded abortions would allow women access to the same range
and quality of medical care available in our own country. That is why I
strongly urge my colleagues to support the Sanchez amendment.
Mr. RYUN of Kansas. Madam Chairman, I yield such time as he may
consume to the gentleman from Indiana (Mr. Pence).
Mr. PENCE. Madam Chairman, I thank the gentleman for yielding me this
time.
I oppose the Sanchez amendment. This is one of the nights in my life
that I regret that I am not a woman. I am just another white, middle-
aged Republican rising to speak on the issue of abortion. But I know I
speak tonight for millions of American women who cherish the right to
life, who believe that abortion, as I do, is morally wrong and choose
not to see their taxpayer dollars, directly or indirectly, subsidize or
promote abortion at home or abroad.
It truly is what we are about tonight. For while I oppose abortion,
and we have heard passionate eloquence on the pro-life message, I
oppose the Sanchez amendment because it is morally wrong to force
millions of American men and women who oppose abortion at home to
finance it abroad. Now the amendment of the gentlewoman from California
(Ms. Loretta Sanchez) seems to acknowledge this sensitivity and the
fact that surveys show the overwhelming majority of Americans, even if
they support the right to an abortion, do not believe that taxpayer
money should be used to fund it.
In fact, the gentlewoman from California (Ms. Loretta Sanchez) just
said, in correcting my colleague from Arizona, that no public funds
will be used specifically for abortion, but what is obvious to anyone
who would understand this process is that while perhaps the act is not
funded by the taxpayer, the hospital is, the search for a physician is,
the infrastructure where the act would be conducted is. Therefore,
taxpayer dollars will indirectly fund abortion at military bases
overseas. This is in violation of a basic principle that you do not
force millions of Americans who find the procedure of abortion morally
wrong to pay for it with their tax dollars in a coercive manner.
If it is wrong to fund abortions directly with taxpayer dollars, it
is wrong to do it indirectly as well. So I rise in opposition to the
Sanchez amendment because we ought not to do indirectly what we would
not be willing to do on this floor directly. America should continue,
our military bases should continue, in the disposition of American
taxpayer resources to choose life.
{time} 1800
Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield myself
such time as I may consume.
It is quite obvious to me that my colleague who just spoke has not
recently received any type of a bill from a hospital, because if he
would see that, he would understand that even right down to the last
vitamin or pill that is administered in a hospital, you are charged
when you are there. So the cost of this would be borne by the woman and
her family.
Madam Chairman, I yield 1\1/4\ minutes to the gentlewoman from
Connecticut (Mrs. Johnson), a tireless fighter with respect to women's
reproductive issues.
(Mrs. JOHNSON of Connecticut asked and was given permission to revise
and extend her remarks.)
Mrs. JOHNSON of Connecticut. I thank the gentlewoman for yielding me
this time.
Madam Chairman, I rise in strong support of the Sanchez amendment.
This is not about abortion. I know people differ as to whether they
would have an abortion or anyone in their family would have an
abortion. This is not about that. There is no State in our entire
Nation that bans the right for women in America to choose to have a
termination of a pregnancy. Not one. It is a legal medical procedure
that is available to women in America if they are stationed in America.
The idea that we would deny our servicewomen this right because they
are stationed abroad. Have you ever walked through a Chinese hospital?
I have. Do you want a wife or a daughter to have to be hospitalized to
have a procedure in a hospital whose sanitary conditions are scandalous
and whose people are poorly trained? That is wrong. Our servicemen and
women should have access to the same legal bundle of medical procedures
abroad as they have here. This is not a matter of taxpayer dollars,
either. They have to pay for it. And it is costly. Your daughter gets
date-raped by a young soldier. You want her in that military hospital,
high quality, if she needs that pregnancy terminated. This is cruel, it
is wrong, it is unequal; and it is not about abortion. I support the
Sanchez amendment.
Mr. RYUN of Kansas. Mr. Chairman, I yield myself such time as I may
consume. Let me just respond a little bit to some of the comments that
have been made. If there is rape and incest involved, there is access
to an abortion overseas. I want to clarify that for the record.
Mr. Chairman, I am happy to yield 1 minute to the gentleman from
Missouri (Mr. Akin).
Mr. AKIN. Mr. Chairman, the proposal, of course, before us as we have
heard is basically going to turn our overseas military medical
facilities into abortion clinics. The point has been made that we allow
abortions in 50 States, but it is also clear that we only allow
abortions in one out of 10 hospitals. Yet with this particular
amendment, we are going to force our military hospitals to perform
these abortions. This was tried before in 1993 to 1996 under President
Clinton's policies, and it was rather unsuccessful.
First of all, it was very hard to find obstetricians and
gynecologists stationed overseas who wanted to perform the abortions in
the first place. Very, very few abortions were actually conducted. Part
of that is because there are laws against abortion in many foreign
countries, and so even there we would not be able to do the abortion.
Now there is the idea, or the inference, that there is some necessity
for these abortions in military hospitals. But the necessity does not
exist. This is something that can be done as an elective procedure. It
can be done by people coming to our country.
I would urge my colleagues to vote in opposition to the amendment.
Ms. LORETTA SANCHEZ of California. Mr. Chairman, I yield 1 minute to
the gentleman from Washington (Mr. Inslee).
(Mr. INSLEE asked and was given permission to revise and extend his
remarks.)
Mr. INSLEE. Mr. Chairman, I come to the floor because men need to
come to the floor and say that it is time to end the second-class
treatment of the proud women who are serving in our Armed Forces. This
is fundamentally a debate about freedom. Because in America, the U.S.
Supreme Court has said women have the freedom to make this decision.
And women are treated as second-class citizens by saying they may have
that freedom when they are in the United States, but once they leave
our shores to serve us, to fight for the very freedoms that we stand
for in America, they lose that freedom right.
My good friend from Kansas has suggested that they are free to fly to
Afghanistan for this procedure. That is a great irony. Because when a
man goes in for reproductive services, he can get a vasectomy in his
military hospital in Germany. That is fine. But we are asking our
sisters and our wives and our daughters who serve proudly in the Army
and the Navy and the Air Force to fly to Afghanistan, a place that we
just went to war to try to serve women to free them from the Taliban.
This is a freedom matter, and we ought to support this amendment.
Mr. RYUN of Kansas. Mr. Chairman, I yield myself such time as I may
consume.
[[Page H4503]]
Mr. Chairman, if I could clarify the record just briefly, I am not
suggesting, nor is anyone else, that they have to fly to Afghanistan,
but they have the opportunity to return to this country on a space-
available situation. I do not want to see our military installations
turned into abortion clinics. I urge a strong ``no'' in opposition to
the Sanchez amendment.
Ms. LORETTA SANCHEZ of California. Mr. Chairman, I yield myself such
time as I may consume.
Mr. Chairman, I close by reminding my colleagues that this is a
bipartisan issue. We have Planned Parenthood, NARAL, the College of OB-
GYN physicians who support this amendment. I would like to close
finally with a voice from a woman who found herself in this situation
while stationed in the Army in Germany. She says:
``I chose to fly back to the States because I did not trust foreign
doctors. It cost me over $800 for the trip. It would have cost me more,
but I went by military hop. Plus the $300 for the abortion, not
counting the fact that I had to use my vacation time. Luckily my trip
was approved in time for me to get back before I reached the end of my
first trimester. I can remember thinking at the time how unfair it was
that I had to resort to these drastic measures. Had I been in the
States, it would have not been an issue. I can remember being resentful
of my fellow male comrades who were able to have vasectomies paid for
by the military in Germany and yet I had to use my leave time and my
own funds to fly back to the U.S. for what is also a reproductive
choice. Women in the military are denied their right to control their
reproductive process while abroad, although men in the military enjoy
the same rights abroad as they do in the States.''
She says, ``I believe it is time that the women of this country enjoy
the same rights their male counterparts enjoy, for that is what I think
I was fighting for when I was stationed there.''
Support the Sanchez amendment.
Mrs. LOWEY. Mr. Chairman, I rise in strong support of the Sanchez
amendment, which would allow military women and dependents stationed
overseas to obtain abortion services with their own money. I want to
thank my colleague Loretta Sanchez for her fine work on this important
issue.
Over 100,000 women live on American military bases abroad. These
women risk their lives and security to protect our great and powerful
nation. These women work to protect the freedoms of our country. And
yet, these women--for the past eight years--have been denied the very
Constitutional rights they fight to protect.
My colleagues, this restriction is un-American, undemocratic, and
would be unconstitutional on U.S. soil. How can this body deny
constitutional liberties to the very women who toil to preserve them?
Mr. Chairman, as we work to promote and ensure democracy worldwide we
have an obligation to ensure that our own citizens are free while
serving abroad. Our military bases should serve as a model of democracy
at work, rather than an example of freedom suppressed.
This amendment is not about taxpayer dollars funding abortions,
because no Federal funds would be used for these services. This
amendment is not about health care professionals performing procedures
they are opposed to, because they are protected by a broad exemption.
This amendment is about ensuring that all American women have the
ability to exercise their Constitutional right to privacy and access
safe and legal abortion services.
Mr. Chairman, as our Nation works to preserve our freedoms and
democracy, now is not the time to put barriers in the path of our
troops overseas. We know that the restriction on abortion does nothing
to make abortion less necessary--it simply makes abortion more
difficult and dangerous.
It is time to lift this ban, and ensure the fair treatment of our
military personnel. I urge passage of the Sanchez amendment.
The CHAIRMAN pro tempore (Mr. Ose). The question is on the amendment
offered by the gentlewoman from California (Ms. Loretta Sanchez).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Ms. LORETTA SANCHEZ of California. Mr. Chairman, I demand a recorded
vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
(Ms. Loretta Sanchez) will be postponed.
It is now in order to consider amendment No. 4 printed in House
Report 108-120.
Amendment No. 4 Offered by Mrs. Tauscher
Mrs. TAUSCHER. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mrs. Tauscher:
At the end of subtitle A of title II (page 30, after line
7), insert the following new section:
SEC. 2____. FUNDING REDUCTIONS AND INCREASES.
(a) Increase.--The amount provided in section 201 for
research, development, test, and evaluation is hereby
increased by $21,000,000, of which--
(1) $5,000,000 shall be available for Program Element
0603910D8Z, strategic capability modernization;
(2) $6,000,000 shall be available for Program Element
0602602F, conventional munitions; and
(3) $10,000,000 shall be available for Program Element
0603601F, conventional weapons technology.
(b) Reduction.--The amount provided in section 3101 for
stockpile research and development is hereby reduced by
$21,000,000, of which--
(1) $15,000,000 shall be derived from the feasibility and
cost study of the Robust Nuclear Earth Penetrator; and
(2) $6,000,000 shall be derived from advanced concepts
initiative activities.
The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the
gentlewoman from California (Mrs. Tauscher) and the gentleman from
Alabama (Mr. Everett) each will control 10 minutes.
The Chair recognizes the gentlewoman from California (Mrs. Tauscher).
Mrs. TAUSCHER. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I am offering an amendment that addresses a dangerous
nuclear policy provision in the defense bill. This amendment cuts $21
million for the robust nuclear Earth penetrator, known as the RNEP, and
for new nuclear weapons and redirects that money toward improving our
conventional capability to defeat hard and deeply buried targets. As we
do this debate today, our military does not have a requirement for
nuclear bunker busters. They do, however, need funds for several
programs the Pentagon is pursuing to improve our ability to get at
hardened targets with conventional weapons.
My amendment would provide additional funding to these critical
conventional initiatives without taking the United States down a
dangerous road that seeks to find new uses for nuclear weapons and
crosses the line from strategic deterrent to offensive use. There are
several reasons not to develop an RNEP. Here are just five:
First, it will produce massive collateral damage; second, even the
most powerful nuclear weapons cannot destroy bunkers at a certain
depth; third, if a bunker is filled with chemical and biological
agents, it is only common sense to keep them underground rather than
blow them up and spread them all over the place in a mushroom cloud;
fourth, an RNEP will cause massive casualties. Detonated in an urban
area, it would kill tens of thousands of civilians. Last, developing
nuclear bunker busters would undermine decades of work by the United
States to prevent nonnuclear states from getting nuclear weapons and
encourage nuclear states to reduce their stockpiles.
Until we have exhausted all conventional means to defeat hardened
targets and the military service produces a current requirement for an
RNEP, it would be irresponsible for Congress to jump the gun and
promote new uses for nuclear weapons. Let us learn from history. Nearly
half a century ago, President Eisenhower rejected the Council of
Advisers who wanted a new variety of nuclear weapons that they said
would allow the United States to fight a winnable nuclear war.
Eisenhower responded: ``You can't have that kind of war. There just
aren't enough bulldozers to scrape the bodies off the streets.''
As we have seen in Afghanistan and Iraq, conventional weapons can do
the job. There is no scientific, military, or strategic reason to go
nuclear at this time and every reason not to. I urge my colleagues to
support the Tauscher amendment.
[[Page H4504]]
Mr. Chairman, I reserve the balance of my time.
Mr. EVERETT. Mr. Chairman, I yield 3 minutes to the gentlewoman from
New Mexico (Mrs. Wilson), a member of the committee.
Mrs. WILSON of New Mexico. Mr. Chairman, my colleague from California
has made a strong argument for unilateral nuclear disarmament. But what
she has not made is a good argument for stopping our robust nuclear
Earth penetrator program. Nuclear weapons are useful because they are
unusable. That is the nature of the nuclear deterrent. And the reason
that we are pursuing these studies and why we should reject the
Tauscher amendment is because deterrence is the center of what nuclear
weapons are all about; it is not because we are changing the way we
plan to fight wars. Nuclear weapons are horrible things. Warfare is a
horrible thing. But we must maintain the nuclear deterrent so that we
can avoid those conflicts.
We have been reducing our nuclear stockpile in this country over the
last 10 years, and we will continue to. We signed the Moscow treaty
which will bring our stockpile down to levels that we have not seen
since the 1950s. We have stopped advanced development and research over
the last 10 years and at the same time North Korea, Iran, Iraq, and
Russia have continued their weapons development programs. Our
unwillingness to research these weapons has not stopped anybody from
developing them themselves.
Our potential enemies are burrowing in. They are putting their
command and control centers, the people with their fingers on the
trigger, in hard and deeply buried bunkers. For deterrence to work, we
have to hold at risk those things which our potential enemies value and
that means holding hard and deeply buried targets at risk. They are out
of reach of conventional weapons. They are out of reach of current
nuclear weapons. The robust nuclear Earth penetrator program does not
create a new nuclear weapon. It is only intended to explore whether you
can encase a weapon in order to allow it to penetrate before it
explodes so that you can hold that target at risk and continue to deter
the use of weapons of mass destruction against America or its allies.
The base bill includes $280 million for work in conventional weapons
against hard and deeply buried targets and only $15 million for these
programs in advanced development and for the robust nuclear Earth
penetrator program. The advanced concepts program I think is even more
important. President Putin announced last week and confirmed what all
of us have suspected for some time: the Russians are developing a new
generation of nuclear weapons. It is up to the United States to avoid
being surprised. That means to constantly study what other nations are
doing so that we have a good idea of what is going on.
{time} 1815
When I was much younger than I am today, someone gave me a copy of a
letter. It was from the archives from President Roosevelt. It was from
Albert Einstein. It was a letter advising President Roosevelt that in
the course of the last 4 months, it has been made probable that it may
become possible to set up a nuclear chain reaction in a large mass of
uranium by which vast amounts of power and large quantities of new
radium-like elements would be generated. How history would be so
different if America had decided that we should not think about the
unthinkable. We must continue to maintain our weapons of mass
destruction program so that we can never be subject to surprise.
Mrs. TAUSCHER. Mr. Chairman, I yield myself such time as I may
consume.
Unfortunately, my colleague from New Mexico, in an attempt to advance
her ``more nukes is better than any nukes at all'' argument, has
decided to degrade our existing nuclear weapons deterrent and kind of
posit that for some reason there are people out there that actually do
not believe that we have the most reliable, credible, and safe nuclear
deterrent in the world. The truth is we do. We know we do, and we do
not need new nuclear weapons to do what we know conventional weapons
can do, and we certainly do not need them in a tactical battlefield
environment.
Mr. Chairman, I yield 1 minute to the gentleman from Massachusetts
(Mr. Markey), who is the cosponsor of the bill.
Mr. MARKEY. Mr. Chairman, I thank the gentlewoman for yielding me
this time.
The bunkers which the Republicans want to drop these nuclear bombs on
are in the middle of Baghdad. They are in the middle of P'yongyang in
North Korea. These bombs, these nuclear bombs, are bigger and more
powerful than the bombs we dropped on Hiroshima. We are like those that
would preach temperance from a barstool. We cannot tell the other
countries in the world that nuclear weapons are unusable if we are at
the same time saying that one can use them, that one can be successful
and that one can win if one drops nuclear weapons in the middle of the
most densely populated cities in the world.
We just brought Iraq to its knees in 3 weeks using conventional
weapons. The signal the Republicans are sending is that nuclear weapons
are usable and they are usable in the middle of cities where bunkers
are being built. And they are wrong, and it is immoral for our country
to be taking this step.
Mr. EVERETT. Mr. Chairman, how much time remains on this side?
The CHAIRMAN pro tempore (Mr. Ose). The gentleman from Alabama (Mr.
Everett) has 6 minutes remaining. The gentlewoman from California (Mrs.
Tauscher) has 5\1/2\ minutes remaining.
Mr. EVERETT. Mr. Chairman, I yield 3 minutes to the gentleman from
Pennsylvania (Mr. Weldon), a very learned member of this committee who
has great knowledge on this subject.
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Chairman, I do not understand this
amendment because we reached a compromise on the floor of the House
last year, and it was not as my colleagues said, Republicans. In fact,
I have the vote here. It was 243 to 172. The last time I checked, there
are not 243 Republicans in this House. And that very carefully crafted
amendment that we passed was an amendment that was crafted by the
gentleman from South Carolina (Mr. Spratt) and by others that said we
should be allowed to continue to do research.
My colleague makes it out as if we want to automatically build some
kind of Earth penetrator and that we are some kind of Darth Vaders. The
fact is anyone who has studied the Ministry of Atomic Energy and has
watched the career of Mr. Mikhailov, who used to be the director of
that agency, when he left that agency, he came back as the number two
person, and we put on the record in committee from Mr. Mikhailov's own
mouth that his job was to develop a whole new class of small atomic
munitions that are nuclear.
If we follow through on the logic of those like my friend from
Massachusetts, we cannot even research what the Russians are building.
That has nothing to do with what we want to build. We cannot even
research the small weapons the Russians have said publicly they are
building. That is outrageous. That is outrageously stupid.
This is not about whether or not we are going to nuke underground. It
is whether or not we allow our scientists to have the ability to do
research. The amendment last year which I was able to broker with our
side that did not want it said we have to have very tightly defined
limits, and we did that. The gentleman from South Carolina (Mr. Spratt)
was the cosponsor of that. The gentleman from South Carolina (Mr.
Spratt) told me in committee he would support that language, and I take
him at his word.
This amendment takes all the money from being able to do that
research. One cannot do research without money. The proponents of this
amendment say we can do this with conventional weapons. We are spending
in this bill $279.6 million for conventional weapons in this area. We
take away the only money left, which is 15 million; and we say to the
scientists the carefully crafted amendment that we did last year in a
bipartisan manner on the floor is okay, they are allowed; but we are
not going to give them any money. We are not going to give them any
money. We are going to take the money away. Cut me a break. Then say
[[Page H4505]]
that. Say you want to prohibit the research. Do not say you allow the
research with the amendment that the gentleman from South Carolina (Mr.
Spratt) agreed to last year, which I think some of the Members at least
supported. I would assume the gentlewoman did support that amendment.
Did the gentlewoman support it last year?
Mrs. TAUSCHER. Mr. Chairman, will the gentleman yield?
Mr. WELDON of Pennsylvania. I yield to the gentlewoman from
California.
Mrs. TAUSCHER. Mr. Chairman, I would. But it was about the low-yield
weapons, not about the RNEP.
Mr. WELDON of Pennsylvania. Not about the RNEP. Okay.
Mrs. TAUSCHER. So this is apples and oranges.
Mr. WELDON of Pennsylvania. Mr. Chairman, the point is the
gentlewoman has tried to also find the middle ground. And I think not
to allow this research by taking the money away is a mistake because,
in fact, the Russian Ministry of Atomic Energy has announced publicly
they are researching this area, and so have other entities, other
countries. North Korea is doing a nuclear program. Therefore, I would
strongly urge my colleagues to oppose this amendment and continue to
support the bipartisan compromise last year reinforced by our actions
in committee.
Mrs. TAUSCHER. Mr. Chairman, I yield 1 minute to the gentleman from
Missouri (Mr. Skelton), the full committee ranking member.
Mr. SKELTON. Mr. Chairman, I thank the gentlewoman for yielding me
this time.
I might say, Mr. Chairman, this is an era of increased concern about
weapons of mass destruction. This amendment includes a very prudent
approach for enhancing our Nation's ability to hold at risk deeply
buried targets. Additional investments in conventional research and
conventional development are needed, particularly in the areas of
improved targeting and improved planning. Smart fuses, guidance
technology, that is what this amendment proposes.
Mr. Chairman, I have spoken with professionals in both our scientific
and national security communities, including B-2 bomber pilots, and I
have learned one truth: the key to defeating hard deeply buried targets
lies more in accuracy and penetration rather than the inherent
explosive capability. That is why I think it is prudent to adopt this
amendment, continue research on the conventional as opposed to the
nuclear.
Mr. EVERETT. Mr. Chairman, I understand that this side has the right
to close?
The CHAIRMAN pro tempore. The gentleman is correct.
Mrs. TAUSCHER. I think I do. It is my amendment, I think, Mr.
Chairman.
The CHAIRMAN pro tempore. The Chair is informed the gentleman from
Alabama (Mr. Everett) has the right to close.
Mrs. TAUSCHER. Excuse me, Mr. Chairman, if it is my amendment, why
would the other side have the right to close?
The CHAIRMAN pro tempore. The manager of the bill is in opposition to
the amendment and has the right to close.
Mr. EVERETT. How much time remains on each side?
The CHAIRMAN pro tempore. The gentleman from Alabama (Mr. Everett)
has 3 minutes. The gentlewoman from California (Mrs. Tauscher) has 4\1/
2\ minutes.
Mr. EVERETT. Mr. Chairman, I reserve the balance of my time.
Mrs. TAUSCHER. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Woolsey).
Ms. WOOLSEY. Mr. Chairman, the House approved a war on Iraq because
proponents said they were building weapons of mass destruction. Now
this same House is on the verge of approving money for the United
States to forward new nuclear weapons. How can we look ourselves in the
mirror? America should have more honor than that. Simply put, nuclear
weapons do not mean greater security, and smaller nuclear weapons do
not mean guaranteed safety. These are the delusions that will
ultimately lead our country and our world into nuclear destruction.
These are the ultimate weapons of mass destruction. The Cold War is
over, but the world still balances on the edge of an atomic cliff. Vote
for the Tauscher amendment. Make sure we do not fall over the edge.
Mr. EVERETT. Mr. Chairman, I reserve the balance of my time.
Mrs. TAUSCHER. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Lee).
Ms. LEE. Mr. Chairman, I thank the gentlewoman for yielding me this
time.
I rise in strong support of the Tauscher-Markey amendment. I thank
the gentlewoman for her leadership. This Nation does not need to be
leading the world in the development of new forms of nuclear weapons.
We just do not need to do that. We need to be leading the way in
nonproliferation. Nuclear weapons are not simply one more tool at the
President's disposal. They are the foremost most fearsome and most
destructive force ever invented, and the proliferation of these weapons
of incredible mass destruction make us less secure each and every day.
How do we support the elimination of weapons of mass destruction in
foreign countries such as Iraq, yet continue to develop them in our own
country? Something is really wrong with this picture. We all believe in
national security. We all believe in a strong and effective national
defense. But building nuclear weapons is not the answer. I urge the
Members to support the Tauscher-Markey amendment.
Mrs. TAUSCHER. Mr. Chairman, I yield 1 minute to the gentleman from
Massachusetts (Mr. Meehan).
Mr. MEEHAN. Mr. Chairman, I rise in support of the Tauscher-Markey
amendment.
As the ranking member of the Subcommittee on Terrorism,
Unconventional Threats and Capability, I know that the threat of
weapons of mass destruction is real. In Iraq this country's military
demonstrated that it can get the job done effectively against heavily
defended bunkers and other targets without the use of nuclear weapons.
As we negotiate and persuade other nations around the world not to
develop nuclear weapons, our credibility is damaged and undermined when
we pursue new types of these weapons for our own arsenals. We should
improve our conventional capability to defend hard and buried targets
around the world as opposed to traveling down this dangerous path
towards increased dependence on nuclear weapons. It does not make
sense.
Mrs. TAUSCHER. Mr. Chairman, I yield 1 minute to the gentleman from
Massachusetts (Mr. Markey), the cosponsor of the bill.
Mr. MARKEY. Mr. Chairman, last October I voted for the Bush
resolution on Iraq. The reason I did is the President said he wanted to
stop Saddam Hussein from obtaining a nuclear weapon, that we were going
to stop him and anyone else in the world from the capacity to develop
nuclear weapons. The message the Republicans are sending to the world
today is that nuclear weapons are usable. If the Russians send nuclear
weapons to the United States, shoot them at us, every Trident submarine
we have has up to 100 nuclear weapons on it. Russia will be destroyed
in 1 day. But if we use one nuclear weapon in Baghdad, in Damascus, in
P'yongyang, we will send a signal to dozens of countries in the world
that nuclear weapons are usable, and that will destroy our moral and
political credibility to end the spread of weapons of mass destruction,
especially nuclear weapons, on this planet. This is the most important
vote we are going to have, and I urge an ``aye'' vote on the Tauscher
amendment so that we fulfill the commitment of those who voted on the
resolution to support a war with Iraq in order to stop the spread of
nuclear weapons.
Mr. EVERETT. Mr. Chairman, I continue to reserve the balance of my
time.
Mrs. TAUSCHER. Mr. Chairman, can I ask how much time I have.
The CHAIRMAN pro tempore. The gentlewoman has 30 seconds.
{time} 1830
Mrs. TAUSCHER. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, we know that the scientific and military community have
said consistently that there are three things needed to defeat deeply
hardened and buried targets. They are intelligence, precision targeting
and Special Operations forces. They never said
[[Page H4506]]
the word ``nuclear.'' There is no need for us to rush to judgment.
There certainly is no reason for us to provide money for something that
the military has not asked for.
Mr. Chairman, I urge my colleagues to support the Tauscher amendment,
to make sure we move the money from nuclear weapons to conventional
weapons so we can defeat these targets.
Mr. Chairman, I yield back the balance of my time.
Mr. EVERETT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, what has not been mentioned is this takes $6 million
away from the Advanced Concepts Initiative, one of our few remaining
weapon systems with designers with actual test experience left. Keeping
this money in there will give them time to train a new generation of
designers before they retire.
Mr. Chairman, I yield the balance of my time to the gentleman from
Texas (Mr. Thornberry).
Mr. THORNBERRY. Mr. Chairman, let me begin by making two points as
completely clear as I can:
Number one, it is not a choice between attacking hardened targets
with a conventional or a nuclear capability. There is nearly $300
million in this bill to explore conventional capabilities. The question
is, should we explore other options as well? So it is false to say
there is a choice.
Secondly, this bill does not authorize any kind of new nuclear
weapon. That has to be for future Congresses and future administrations
to consider. What this bill does is try to remove firewalls which
prevent us from even exploring whether a different kind of nuclear
weapon can help make us safer. Those who advance this amendment say we
do not even want to think about it, do not even consider the
possibilities.
It seems to me that if anyone is going to rush to judgment, as the
gentlewoman from California said, it would be those who support this
amendment, that say under no circumstances are we ever going to have
any kind of nuclear deterrent, other than what we had during the Cold
War.
The challenge, Mr. Chairman, is that all we have now are nuclear
weapons that were specifically designed to deal with Soviet Union
targets, and there is a real question about whether a number of folks
in the world would take that kind of nuclear deterrent seriously,
whether we would ever use the kind of weapons the gentleman from
Massachusetts was discussing on a much more limited, smaller kind of
target.
The point is not, hopefully, that we would ever use them. The
question is people know we would never use these big weapons, and,
therefore, they do not take our credibility seriously. That makes the
world more dangerous.
It is an interesting line of argument to say that we make the world
safer when we tie our hands behind our back, that the problem is with
the United States, and that if we would just set a good example, the
Saddam Husseins and the Kim Jong Ils and even the Putins would fall
right in line, that the United States is the problem.
We have heard that line of argument before, and I would suggest that
history has proven it wrong time and time again. The problem is not
American strength. The problem is not the United States having
additional options. We are not the problem. Peace comes when America is
strong and when America has additional options. This bill gives us the
ability to at least start to explore those options, and this amendment
should be rejected.
Mr. DICKS. Mr. Chairman, I rise in support of this amendment for two
reasons. Conventional precision guided munitions are a better technical
solution than the Robust Nuclear Earth Penetrator for hardened and
deeply buried targets, and because the fallout, both figurative and
literal, from the use of nuclear weapons will make the Robust Nuclear
Earth Penetrator an expensive showpiece rather than a usable weapon. If
we start this program it is more likely to be simply A BUST, rather
than RO-BUST.
I've had the opportunity to visit this Spring with the 509th Bomb
Wing at Whiteman Air Force Base. The 509th operates the 21 B-2 bombers
that constitute the most advanced and effective weapons in the United
States military arsenal. These were the pilots who were assigned the
mission in Iraq to attack the very kinds of targets we are discussing
today, hardened and deeply buried targets. I can tell you that the
509th today can attack, disable, and destroy, these targets. The 509th
employs a penetrating version of the JDAM, as well as a 5000 lb. bunker
buster. These weapons already beat the ground penetration capability of
any nuclear weapon in our arsenal, and new capabilities will do even
more. The B-2 will soon be able to employ the EGBU-28 bunker buster
thanks to support in Congress to field this capability. And advanced
research of binary warhead weapons and the use of conventional highly
energetic materials will yield even more effective approaches for
conventional alternatives.
Indeed, the Tauscher amendment would add funding to three program
elements of the Air Force and OSD R&D budgets which are working on just
these conventional ground penetration approaches. I believe these
conventional capabilities offer technical solutions not just equal to,
but superior to those offered by even so-called ``low-yield'' nuclear
approaches.
Vote for the Tauscher amendment and support the development of
weapons our military can really use.
The CHAIRMAN pro tempore (Mr. Ose). All time has expired.
The question is on the amendment offered by the gentlewoman from
California (Mrs. Tauscher).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mrs. TAUSCHER. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
(Mrs. Tauscher) will be postponed.
It is now in order to consider Amendment No. 5 printed in House
Report 108-120.
Amendment No. 5 Offered by Mr. Hoeffel
Mr. HOEFFEL. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 offered by Mr. Hoeffel:
At the end of title X (page 333, after line 21), insert the
following new section:
SEC. ____. REPORT CONCERNING STRATEGIC NUCLEAR WARHEADS
DISMANTLED PURSUANT TO THE TREATY BETWEEN THE
UNITED STATES OF AMERICA AND THE RUSSIAN
FEDERATION ON STRATEGIC OFFENSIVE REDUCTIONS.
Not later than 60 days after the exchange of instruments of
ratification of the Treaty Between the United States of
America and the Russian Federation on Strategic Offensive
Reductions or 60 days after the date of the enactment of this
Act, whichever occurs last, and on February 15 of each
subsequent year, the President shall submit to Congress a
report concerning any strategic nuclear warheads dismantled
within the boundaries of the treaty during the preceding
calendar year and any such warheads to be dismantled in that
calendar year, pursuant to such treaty. During the one-year
period beginning on the date of the exchange of instruments
of ratification of such treaty, any such report shall not
include information concerning any dismantling of warheads
during the preceding calendar year.
The CHAIRMAN pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Hoeffel) and a Member opposed each will be recognized
for 5 minutes.
Mr. EVERETT. Mr. Chairman, I claim the time in opposition to the
amendment, but I will not oppose the amendment. We will accept the
gentleman's amendment.
The CHAIRMAN pro tempore. Without objection, the gentleman from
Alabama (Mr. Everett) will be recognized for 5 minutes.
There was no objection.
The CHAIRMAN pro tempore. The gentleman from Pennsylvania (Mr.
Hoeffel) is recognized.
Mr. HOEFFEL. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise to offer this amendment to require the President
to make an annual report to Congress and to the American people on the
number of nuclear warheads that are dismantled each year by either the
Americans or by the Russians under the terms of the Moscow Treaty.
Mr. Chairman, one of the most pressing issues we face is the question
of nuclear nonproliferation. A year ago, Presidents Bush and Putin
signed the Moscow Treaty, the Treaty on Strategic Defensive Reductions.
It is a good treaty and is good for this country. It is only three
pages long, however, quite a change from the 900-page START treaties of
prior negotiations.
It does not establish a timetable for implementation. It lacks
verification. But the most striking change that I think we need to
address is that there
[[Page H4507]]
is no requirement that the warheads that are reduced from the 5,000 or
6,000 that each side currently possesses down to 1,700 or 2,000, there
is no requirement that those warheads be dismantled. They could be
retired, put into a closet someplace and brought back on a moment's
notice.
I think it is in the best interests of this country that those
warheads be dismantled and that the President make an annual report to
the Congress on how many of those warheads are being dismantled, both
by this country and by the other side, so that Congress can, through
that mechanism, verify the progress and verify that the disarmament is
occurring.
Mr. Chairman, I reserve the balance of my time.
Mr. EVERETT. Mr. Chairman, I reserve my time.
Mr. HOEFFEL. Mr. Chairman, I yield 1 minute to the gentleman from
Massachusetts (Mr. Markey), a leader in nonproliferation issues.
Mr. MARKEY. Mr. Chairman, I would like to use that 1 minute to
compliment the gentleman from Pennsylvania (Mr. Hoeffel) for his
amendment and the gentleman from Alabama (Mr. Everett), because we
clearly have a meeting of the minds here that there should be an
ongoing accounting of what is going on in the area of dismantling of
these weapons in the former Soviet Union.
The gentleman from Pennsylvania (Mr. Hoeffel) I think has put his
finger on a very real defect that exists in the current system. By
ensuring that there will be an accounting scheme that is put into
place, I think that we are going to be able to much more quickly
advance the goal of nuclear nonproliferation.
I thank the gentleman for making his very important amendment.
Mr. HOEFFEL. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would like to thank the gentleman for his kind
comments and simply close by in turn thanking the gentleman from
Alabama (Mr. Everett) and the majority side and majority staff for
their cooperation on this amendment and for their cooperation on this
issue. I am glad that there is bipartisan agreement, and I salute the
gentleman from Alabama (Mr. Everett) and thank him for his cooperation.
Mr. Chairman, I yield back the balance of my time.
Mr. EVERETT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would just simply point out, as the gentleman from
Pennsylvania recognized in his statement, that the treaty does not
require this actual dismantling to take place, only that they are
removed from deployment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from Pennsylvania (Mr. Hoeffel).
The amendment was agreed to.
The CHAIRMAN pro tempore. It is now in order to consider Amendment
No. 6 printed in House Report 108-120.
Amendment No. 6 Offered by Mr. Goss
Mr. GOSS. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mr. Goss:
At the end of title XII (page 384, after line 3), insert
the following new section:
SEC. ____. REPORT ON ACTIONS THAT COULD BE TAKEN REGARDING
COUNTRIES THAT INITIATE CERTAIN LEGAL ACTIONS
AGAINST UNITED STATES OFFICIALS.
(a) Finding.--Congress finds that actions for or on behalf
of a foreign government that constitute attempts to commence
legal proceedings against, or attempts to compel the
appearance of or production of documents from, any current or
former official or employee of the United States or member of
the Armed Forces of the United States relating to the
performance of official duties constitutes a threat to the
ability of the United States to take necessary and timely
military action.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report on appropriate steps that could be taken
by the Department of Defense (including restrictions on
military travel and limitations on military support and
exchange programs) to respond to any action by a foreign
government described in subsection (a).
The CHAIRMAN pro tempore. Pursuant House Resolution 245, the
gentleman from Florida (Mr. Goss) and a Member opposed each will
control 10 minutes.
The CHAIRMAN pro tempore. Does any Member seek the time in
opposition?
Mr. SKELTON. Mr. Chairman, I claim the time in opposition. As far as
I know, there is no opposition.
The CHAIRMAN pro tempore. Without objection, the gentleman from
Missouri is recognized for 10 minutes.
There was no objection.
The CHAIRMAN pro tempore. The Chair recognizes the gentleman from
Florida (Mr. Goss).
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, we are living in a world that we all know has been
transformed very dramatically by the threat of rogue states, terrorist
organizations, and Lord knows we are definitely aware of it today.
There are new costs involved in everyday life and new cautions we
must heed to keep Americans safe. This is the reality of life today.
One thing that must remain constant is our ability to ensure that our
soldiers, our diplomats, our public officials, no matter whether they
are in uniform or not, no matter where they are located, they must
serve under the honorable and meaningful protection of the flag of the
United States of America.
This protection is currently threatened by any country that allows
U.S. citizens to be tried for alleged war crimes and alleged crimes
against humanity. These cases, coming under the so-called concept of
``universal jurisdiction,'' are cases that are usually filed in support
of radical anti-Americanism for strictly political reasons that can
create, unfortunately, serious obstacles for our officials to go about
the conduct of their proper official business overseas.
From the perspective of our national security, the United States
cannot afford to have our military commanders hindered while
accomplishing the actions we ask of them necessary to ensure the safety
of Americans. For example, our General Tommy Franks, of whom we are so
proud, commander of our military forces in Iraq, has now a ridiculous
lawsuit filed against him that alleges violations of international law.
Should the Belgium court system, where this case is filed, decide to
try this case, General Franks risks being unable to travel to Brussels,
the location of NATO headquarters, due to the threat of prosecution.
This amendment calls for a quick study by DOD to report to Congress
on appropriate actions that could be taken when any country provides
for and encourages extra-legal actions against United States officials
doing their proper business under some type of so-called ``universal
jurisdiction.''
We are not about to compromise our sovereignty, especially for our
fighting forces protecting our freedoms on the battlefields overseas,
nor should we tolerate or award the abuse of other nations' judicial
systems in order to create obstacles for our troops and officials.
American officials safeguarding our liberties on foreign soil must know
that they can count on the rights that we as American citizens hold
dear to be able to accomplish what we are asking them to undertake.
This would seem to be a frivolous matter, except it has been picked
up by the press around the world and is becoming somewhat of a
celebrated case.
I now am going to quote from BBC news that says, ``The action against
General Franks is likely to be a test of recent revisions to the law in
Brussels following high-profile cases brought against the Israeli Prime
Minister Ariel Sharon and the former U.S. President George Bush, Sr.''
BBC goes on to say that the plaintiff in the case, the lawyer who is
running for political office, I would point out, has told reporters,
``General Franks is responsible as commander-in-chief for the way some
of his men acted on the ground. For instance, the use of cluster bombs
on civilian areas is a war crime.''
I think that everybody would agree with that, but there is no proof.
It is an allegation, and, of course, it is an outrage, because General
Franks did no such thing.
The quote goes on to say that the suit also names Marine Lt. Colonel
[[Page H4508]]
Brian McCoy, who is accused of categorizing the ambulances as
legitimate targets because he suspected them of harboring gunmen, so
said, I guess, AFP, in this case Agency French Press.
{time} 1845
When we start taking a look at the notoriety that these allegations
are bringing to our honorable men and women in uniform overseas, we can
see that we are beginning to have a problem.
Going back further to how this happened, we look to some of the
press, and I am now quoting from the Seattle Press Intelligencer: ``In
response to a global groundswell of demand discernible only to the
Belgians, the Belgians awarded themselves the power to try anyone for
war crimes committed anywhere.'' That is what we are confronting.
``Franks is charged with the bombing of civilians, indiscriminate
shooting by U.S. troops, and the failure to stop looting. McCoy is
charged with ordering troops to fire on ambulances.''
These are charges that are being waved about, as I say, in the press,
both at home and internationally, without any kind of responsible
person standing up and saying that this is hogwash and absurd; and it
is time that happened. I think the best way to do it is this amendment.
Mr. SKELTON. Mr. Chairman, will the gentleman yield?
Mr. GOSS. I yield to the gentleman from Missouri.
Mr. SKELTON. Mr. Chairman, I would say to the gentleman from Florida,
we have examined the amendment. I find no objection to it. As far as I
know, there is no opposition to it.
Mr. GOSS. I thank the distinguished gentleman. I would certainly hope
there is support for it.
Mr. HUNTER. Mr. Chairman, will the gentleman yield?
Mr. GOSS. I yield to the gentleman from California.
Mr. HUNTER. Mr. Chairman, let me say that I am so glad that the
distinguished chairman of the Permanent Select Committee on
Intelligence has brought this amendment, because this goes to the very
heart of the purpose of our operation in Iraq, the honor with which we
conducted this operation, the integrity of our leadership, and what I
would call perhaps a backbiting response from certain elements in the
international community, and, lastly, an appropriate response from the
United States, which is suggested by the gentleman.
So I think that the gentleman's amendment is right on point, and I
will work with my partner, the gentleman from Missouri (Mr. Skelton),
to see to it that this amendment becomes law.
Mr. GOSS. Reclaiming my time, Mr. Chairman, I am most thankful to the
distinguished chairman of the committee for that statement. I would
advise Members that I think this is an issue that most Members would
like to be heard on, so while I am relatively certain we could win this
vote now tonight, I am going to ask for a recorded vote tomorrow when
the appropriate moment comes.
Mr. Chairman, I yield back the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore (Mr. Ose). The question is on the amendment
offered by the gentleman from Florida (Mr. Goss).
The question was taken; and the Chairman pro tempore announced that
the ayes appeared to have it.
Mr. GOSS. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Florida (Mr.
Goss) will be postponed.
It is now in order to consider amendment No. 7 printed in House
Report 108-120.
Amendment No. 7 Offered by Mr. Goss
Mr. GOSS. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 7 offered by Mr. Goss:
At the end of title XII (page 384, after line 3), insert
the following new section:
SEC. ____. ASSESSMENT AND REPORT CONCERNING THE LOCATION OF
NATO HEADQUARTERS.
(a) Assessment.--The Secretary of Defense shall conduct a
full and complete assessment of costs to the United States
associated with the location of the headquarters of the North
Atlantic Treaty Organization (NATO) in Brussels, Belgium, and
the costs and benefits of relocating that headquarters to a
suitable location in another NATO member country, including
those nations invited to join NATO at the Prague summit in
2002. The Secretary shall conduct such assessment in
consultation with the Secretary of State.
(b) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report of the findings of the
assessment under subsection (a).
The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the
gentleman from Florida (Mr. Goss) and a Member opposed each will
control 10 minutes.
The Chair recognizes the gentleman from Florida (Mr. Goss).
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, we all understand the geopolitical climate has changed
tremendously in the last couple of years. Ruthless dictatorships have
come and gone, democratic nations have continued to thrive, and many
challenges continue to confront us.
Many challenges have been met by the United States with the help of
steadfast allies in coalitions and steadfast allies in NATO. As the
global evolution continues, it is prudent to pose some topical
questions, particularly as we are doing this defense authorization
bill.
One of those topical questions should be, is NATO now headquartered
in the correct place? Is it located in a centralized area both
conducive and friendly to all members of NATO?
It is the responsibility of Congress to conduct necessary oversight
in this matter. NATO is expanding its membership to include seven
countries from Eastern and Central Europe. This, of course, is in
addition to the inclusions of Poland, Hungary, and the Czech Republic a
few years ago. I would say that Members of this body have been very
instrumental in assisting for the growth and enlargement of NATO to
become an even more meaningful organization doing even more meaningful
things today.
I think all of this reflects the burgeoning wave of democracy and
freedom that is actually sweeping through that region. Those folks are
looking to us for leadership and assistance in their defense, and NATO
understands this trend. So the question arises, would a more
centralized location of NATO headquarters enhance NATO's effectiveness?
NATO's mission is also adapting to the current geopolitical
conditions. NATO is in fact a peacekeeper. Its capabilities are a great
asset to us and to others, and a more centralized headquarters might
indeed facilitate the shifting tasks that NATO is undertaking.
Let me be clear: NATO is a vital, integral component of our global
security system. It must continue to function with strength and
effectiveness in this century. I am a very big proponent of NATO. I am
a member of the House NATO Parliamentarians Group. I have been many,
many times to those meetings across the pond.
Our group is masterfully led by our colleague, the gentleman from
Nebraska (Mr. Bereuter). It is bipartisan. It is a wonderful reflection
of the United States of America and the working relationship with our
allies on important and, in fact, critical national security problems;
and it is carried out brilliantly through the NATO parliamentarians
organization, of which the gentleman from Nebraska (Mr. Bereuter) is
currently the president.
So this is not about NATO; it is about the best location for NATO
under the circumstances of the time. This amendment simply calls for a
study by DOD of the costs associated with the current location of
NATO's headquarters and the potential costs and benefits of relocating
the headquarters to another location in Europe.
This study should reflect the geopolitical realities that exist
today, including especially the need to economize on our military
overhead and our military and administrative costs, and reduce those
where possible, and, of course, get rid of as much red tape as is
possible.
So there are a bunch of reasons to talk about centralizing NATO
headquarters, with the encouragement of stability and democratic
government
[[Page H4509]]
in Eastern Europe not the least among them.
There is also, of course, the matter of the ``universal
jurisdiction'' law problem in Belgium that we have recently spoken
about that has an unnecessarily chilling impact on military
hospitality. I am sorry to say that.
I note that even General Myers has gotten up, and I would quote from
the Chicago Sun-Times: ``General Richard Myers, chief of the U.S.
General Staff, intervened in the argument with Belgium,'' it has gotten
to that level, ``after American officials expressed fears that the
Belgian war crimes laws would expose NATO officers to the risk of
arrest.'' This is a serious problem, and, of course, totally
unnecessary.
I think the question we should ask that the chairman of the committee
and I have talked about is are we getting the best bang for the buck
from Brussels? I think that it is time for DOD to take a look at that.
Remember, NATO was supposed to start in Paris. It did not fit in Paris,
so it ended up in Brussels. Maybe it does not fit in Brussels today and
it should end up somewhere else. This is what this is about.
Mr. HUNTER. Mr. Chairman, will the gentleman yield?
Mr. GOSS. I yield to the gentleman from California.
Mr. HUNTER. Mr. Chairman, I appreciate the gentleman bringing this
amendment to the floor. I think his question is right on point: Are we
getting the best bang for the buck in Brussels? We are getting
something in Brussels, but it is not effective leadership. I think he
has asked a question that has to be answered.
In fact, I have an amendment coming up here shortly that asks the
President to evaluate our total footprint in Europe with an eye towards
perhaps replacing that footprint.
I have been looking at some of the cost of living and also the
hospitality of other nations. One of those new nations is a nation that
helped the United States in Iraq, Poland. Poland has a cost of living
that is much lower than that in Brussels, so presumably our people,
uniformed and nonuniformed, who live there will be able to live better
on military pay than they do in Brussels. It would not be bad, I think,
for military folks to be in an environment, which they would be in
Poland, with a nation that has just stood side by side with us on a
battlefield in the world.
There are no words as eloquent as actions. The actions of that force,
and it was not a big force, but it was about 200 special operators that
participated in Iraq, impressed me greatly and I think would impress
the President.
The other aspect of this, since the gentleman has opened this debate
and this issue, is I am going to bring up the fact in my amendment that
we have 72,400 American uniformed personnel in Germany. We did an
entire hearing on this footprint. There is nobody on the other side of
the Fulda Gap with a tank. In the old days, there were dozens of
divisions of Warsaw Pact military units on the other side of the Fulda
Gap. That is why we had a heavy military presence in Germany. That
presence is not there now.
So this is a second question, but not totally unlike the question the
gentleman is asking, because whereas we might want to move out of
Brussels for altogether different purposes than moving out of Germany,
the receptivity of other nations at alternate sites is a major issue
with both amendments.
Once again, we are putting some money in the bill for doing some
preliminary military work, things like runways and things like that, in
Poland and Bulgaria and Romania, three of the nations from what Don
Rumsfeld called, maybe with justification, the new Europe.
I want to thank the gentleman for his contribution. Let me tell the
gentleman, I would certainly, and I want to hear what my ranking member
has to say, because he is such an expert in these areas, but I think
this is an excellent amendment.
Mr. GOSS. I thank the distinguished gentleman.
Mr. SKELTON. Mr. Chairman, will the gentleman yield?
Mr. GOSS. I yield to the gentleman from Missouri.
Mr. SKELTON. Mr. Chairman, I think, frankly, this is a good
amendment, for two reasons.
The first is it calls for an assessment by the Secretary of Defense,
in consultation with the Secretary of State, because this is a
diplomatic as well as a military organization.
Secondly, it would be up to the North Atlantic Treaty Organization to
make any final decision, but information such as cost that this
amendment is aimed at I think is good information. So I find myself in
agreement with it.
Mr. GOSS. Mr. Chairman, I want to thank both distinguished leaders of
the very important Committee on Armed Services for their support and
understanding of these amendments.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from Florida (Mr. Goss).
The amendment was agreed to.
The CHAIRMAN pro tempore. It is now in order to consider amendment
No. 8 printed in House Report 108-120.
Amendment No. 8 Offered by Mr. Saxton
Mr. SAXTON. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 8 offered by Mr. Saxton:
At the end of subtitle B of title V (page 91, after line
16), insert the following new section:
SEC. 514. REPEAL OF REQUIRED GRADE OF DEFENSE ATTACHE IN
FRANCE.
(a) In General.--Section 714 of title 10, United States
Code, is repealed.
(b) Conforming Amendment.--The table of sections at the
beginning of chapter 41 of such title is amended by striking
the item relating to section 714.
The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the
gentleman from New Jersey (Mr. Saxton) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
Mr. SAXTON. Mr. Chairman, I yield myself such time as I may consume.
This amendment will repeal the statutory requirement that an officer
in our Armed Forces, in order to be selected for assignment as the
Defense Attache to France, must hold the rank of brigadier general, or,
in the case of a Navy officer, rear admiral lower half.
The Department of Defense included the repeal of this requirement as
part of their budget request for fiscal year 2004, and there is no
justification for continuing this statutory mandate, in my opinion.
The adoption of this amendment will not prevent our military attache
in Paris from being a brigadier general or a rear admiral; rather, it
will only remove the requirement that they be of that rank. It will
permit the Department of Defense greater flexibility in making their
decisions to assign officers to that position.
Most importantly, adoption of this amendment will end the unnecessary
requirement that our military attache to France be of a higher rank
than our military attaches everywhere else in the world. The United
States has 135 defense attache positions in our embassies around the
world. Of those 135, only three, those of France, Russia, and China,
are officers that hold the rank of brigadier general or rear admiral.
Our attache to France is the only military attache whose rank is
mandated by law in title 10. Accordingly, France is the exception to
the rule. The requirement that our military attache to France be a
brigadier general is not consistent with our military attaches to other
nations.
{time} 1900
Today I believe we all need to question whether it is appropriate to
mandate that our military attache to France be of a higher rank than
everywhere else in the world.
Under President Jacques Chirac, France actively opposed the United
States and our allies in the recent war with Iraq. The French
government used all of its influence to prevent the removal of Saddam
Hussein from power and hindered our efforts to enforce United Nations
Security Council Resolutions that required the removal of weapons of
mass destruction from his possession. By doing so, France failed to
accept its responsibilities and deliberately acted counter to the
national security interests of the United States. In NATO, France does
not fully participate in the Organization's integrated
[[Page H4510]]
military command, yet we require that our military attache to Paris be
of a higher rank than all of our attaches in NATO member countries. We
thus provide France with a status not in line with its NATO
responsibilities.
I find it entirely inappropriate that we have mandated that our
military attache to France be a higher rank than military attaches to
nations such as Great Britain, who never balked at fighting side by
side with us in our war on terrorism.
As the position of defense attache to France is now vacant, the
repeal of the statute would have no impact on an incumbent, and this is
the perfect opportunity to bring consistency to our military attache
postings.
Mr. Chairman, I urge support for this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I claim the time in opposition to this
amendment.
Mr. Chairman, I yield myself such time as I may consume.
It not only makes the law consistent with the rest of the statutes
regarding the qualifications for an attache which should have been done
some time ago, I think it also sends a message to that country
regarding recent activities insofar as expectations and friendship go.
I must tell you how disappointed I am in that country regarding that.
But, nevertheless, this does bring in line the law as it applies to all
other attaches in all other countries, and I think it is an excellent
amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. SAXTON. Mr. Chairman, I yield such time as he may consume to the
gentleman from California (Mr. Hunter), the chairman of the full
committee.
Mr. HUNTER. Mr. Chairman, I want to add my commendations to the
gentleman from New Jersey (Mr. Saxton), one of the absolute finest
members of this great Committee on Armed Services and a guy who cares a
lot about the fighting forces of the United States and also cares a lot
about countries who stand with us in times of difficulty; and I think
his amendment is right on point.
I understand this amendment has a message beyond the message of
conforming with similar situations in other countries around the world.
There is perhaps a message to Paris here. I think it is an appropriate
one as I add my commendation to the gentleman and I strongly support
this amendment.
Mr. SAXTON. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore (Mr. Ose). The question is on the amendment
offered by the gentleman from New Jersey (Mr. Saxton).
The question was taken; and the Chairman pro tempore announced that
the ayes appeared to have it.
Mr. SAXTON. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New Jersey
(Mr. Saxton) will be postponed.
It is now in order to consider amendment No. 9 printed in House
Report 108-120.
Amendment No. 9 Offered by Mr. Hunter
Mr. HUNTER. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 9 offered by Mr. Hunter:
At the end of title XII (page 384, after line 3), insert
the following new section:
SEC. ____. SENSE OF CONGRESS ON REDEPLOYMENT OF UNITED STATES
FORCES IN EUROPE
(a) Findings.--Congress makes the following findings:
(1) In March 1999, in its initial round of expansion, the
North Atlantic Treaty Organization (NATO) admitted Poland,
the Czech Republic, and Hungary to the Alliance.
(2) At the Prague Summit on November 21-22, 2002, the NATO
heads of state and government invited the countries of
Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and
Slovenia to join the Alliance.
(3) The countries admitted in the initial round of
expansion referred to in paragraph (1) and the seven new
invitee nations referred to in paragraph (2) will in
combination significantly alter the nature of the Alliance.
(4) During the first 50 years of the Alliance, NATO
materially contributed to the security and stability of
Western Europe, brining peace and prosperity to the member
nations.
(5) The expansion of NATO is an opportunity to assist the
invitee nations in gaining the capabilities to ensure peace,
prosperity, and democracy for themselves during the next 50
years of the Alliance.
(6) The military structure and mission of NATO has changed,
no longer being focused on the threat of a Soviet invasion,
but evolving to handle new missions in the area of crisis
management, peacekeeping, and peace-support in the Euro-
Atlantic area of operations.
(b) Sense of Congress.--In light of the findings in
subsection (a), it is the sense of Congress that--
(1) the expansion of the North Atlantic Treaty Organization
Alliance and the evolution of the military mission of that
Alliance requires a fundamental reevaluation of the current
posture of United States forces stationed in Europe; and
(2) the President should--
(A) initiate a reevaluation referred to in paragraph (1);
and
(B) in carrying out such a reevaluation, consider a
military posture that takes maximum advantage of basing and
training opportunities in the newly admitted and invitee
states referred to in paragraphs (1) and (2), respectively,
of subsection (a).
The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the
gentleman from California (Mr. Hunter) and a Member opposed each will
control 10 minutes.
The Chair recognizes the gentleman from California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise today to ask my colleagues to support this
amendment.
As we stand here, the strategic landscape facing the United States is
a lot different than it was just a couple of years ago. After September
11, 2001, we embarked on a global war on terrorism, and since that day
we have engaged in two successful campaigns in Afghanistan and Iraq. In
doing so, we removed one of the major contingencies that served as a
basis for force planning during most of the 1990s.
In the wake of these events, it is clear that we need to evaluate our
military posture. Across the globe, and particularly in Europe, we
remain deployed much as we were at the end of the Cold War and, in some
instances, much the same as at the end of World War II. The time has
come to adapt our global posture in order to meet the challenges of new
era, not to meet those of an era gone by.
Earlier this year, General Jones, the commanding general of U.S.
European command, outlined his thoughts regarding the change of our
nature and presence in Europe from a garrison force to what he called
an expeditionary force. Under this concept, U.S. military units would
rotate overseas on a periodic basis, rather than be permanently
stationed in Europe. Our bases in Europe would become in General Jones'
words ``lily pads,'' bases from which our forces would deploy to crisis
areas around the world.
Based on this idea, the committee held a hearing in February to
explore this changing nature of our posture in NATO. It became clear
that NATO will continue to change. No longer postured to defend Western
Europe against the Soviet threat, NATO is evolving to a force that will
undertake contingency operations both inside and outside Europe. At the
same time, NATO's membership continues to grow and the admission of
many former Warsaw Pact nations has moved the borders of the alliance
further east and south. We have to recognize those changes within NATO
and take appropriate action to ensure our contribution remains
relevant.
As a result of that hearing and General Jones' initiative, I offer
this amendment today. It simply states it is the sense of Congress, in
light of the changing nature of NATO and the strategic landscape
worldwide, that the President should reevaluate our posture in Europe
and take maximum advantage of any basing and training opportunities
among NATO's newly joined and invitee states in Eastern Europe.
I urge my colleagues to send a message to the administration and to
our current and future NATO allies that we understand the changing
nature of the alliance and stand in strong support of the alliance as
it faces the challenges of the 21st century.
Mr. Chairman, in the previous amendments we have talked about this a
little. My partner on this committee, the ranking member, the
distinguished
[[Page H4511]]
gentleman from Missouri (Mr. Skelton), has some very eloquent and wise
thoughts on this issue.
We have had a hearing on our footprint in Germany, the 72,400
uniformed personnel in Germany, about 55,000 of whom are Army
personnel; and we have also looked at the fact that American personnel
can live much less expensively in places like Poland.
Mr. Chairman, from my own perspective, I will never forget that at a
time when we had a dwindling list of allies who wanted to participate
side by side with our young Americans who were laying their lives on
the line in the Iraq conflicts, Poland sent a contingent of some 200
special operators into that theater and served with us in battle. I
think it would be very appropriate, in fact, this committee has seen
fit to place some money for military expenditures, for some early
preliminary work in Poland, Bulgaria and Romania; and I think that we
should certainly look at this Europe, this new Europe that Secretary
Rumsfeld talks about in terms of the changing requirements that we have
and the resultant changing strategic posture of the United States in
Europe.
Mr. Chairman, I would offer this amendment. I look forward to
comments from the gentleman from Missouri (Mr. Skelton).
Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I claim the time in opposition.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I know of no opposition to the amendment. I personally
endorse it and support it.
Times have changed. Situations have changed. But I think one fact
that is very important is the fact that NATO is an ongoing, successful
organization, and it has recently expanded, and we should take
advantage of that expansion and the friendship that is growing as a
result of the new members of the North Atlantic Treaty Organization.
This amendment requires a reevaluation of the current posture of
American forces in Europe. It is designed only for the American forces,
and it calls for a reevaluation.
I think there are a number of things we could and should consider. To
begin with, I think it is important for us to remember that stationing
troops in Germany is a very positive thing and that we should not rush
to judgment just to move troops from Germany. But having said that, I
think it is a good idea to take a look at the eastern countries.
Poland, our chairman mentioned, and to their great credit, side by
side, they have their special forces there, theirs with ours, in Iraq.
Consequently, I think we should take advantage of that new-found
friendship and that new-found military cooperation with that country
and, of course, others in the region that are new to the NATO
organizations.
Consider the entire picture, not being prejudiced one way or the
other, but, A, take advantage of the new friends and those that are
willing to help us; B, remember our old obligations and the admonitions
of some that we should keep a strong footprint in Germany.
With that, I fully agree with the chairman's amendment, and I intend
to support it, and I thank him for offering it at this time.
Mr. Chairman, I yield back the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from California (Mr. Hunter).
The amendment was agreed to.
The CHAIRMAN pro tempore. No further amendments being in order, under
the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Everett) having assumed the chair, Mr. Ose, Chairman pro tempore of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 1588) to
authorize appropriations for fiscal year 2004 for military activities
of the Department of Defense, to prescribe military personnel strengths
for fiscal year 2004, and for other purposes, had come to no resolution
thereon.
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