[Congressional Record (Bound Edition), Volume 149 (2003), Part 10]
[Senate]
[Pages 13605-13675]
[From the U.S. Government Publishing Office, www.gpo.gov]




   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004--Continued

  Mr. DORGAN. Mr. President, what is the pending business?


                       Vote on Amendment No. 849

  The PRESIDING OFFICER. The question is on agreeing to the amendment 
of the Senator from North Dakota.
  The yeas and nays have been ordered and the clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. McCONNELL. I announce that the Senator from Idaho (Mr. Crapo) and 
the Senator from Ohio (Mr. Voinovich) are necessarily absent.
  Mr. REID. I announce that the Senator from Florida (Mr. Graham), the 
Senator from Massachusetts (Mr. Kerry), and the Senator from 
Connecticut (Mr. Lieberman) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``nay.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 42, nays 53, as follows:

                      [Rollcall Vote No. 205 Leg.]

                                YEAS--42

     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Breaux
     Burns
     Campbell
     Clinton
     Cochran
     Collins
     Conrad
     Daschle
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Enzi
     Feinstein
     Gregg
     Hatch
     Hutchison
     Inhofe
     Inouye
     Johnson
     Kennedy
     Lott
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Sarbanes
     Schumer
     Shelby
     Snowe
     Specter
     Stevens
     Sununu
     Thomas

                                NAYS--53

     Akaka
     Alexander
     Allard
     Allen
     Biden
     Brownback
     Bunning
     Byrd
     Cantwell
     Carper
     Chafee
     Chambliss
     Coleman
     Cornyn
     Corzine
     Craig
     Dayton
     DeWine
     Dole
     Ensign
     Feingold
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Hagel
     Harkin
     Hollings
     Jeffords
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lugar
     McCain
     McConnell
     Miller
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sessions
     Smith
     Stabenow
     Talent
     Warner
     Wyden

                             NOT VOTING--5

     Crapo
     Graham (FL)
     Kerry
     Lieberman
     Voinovich
  The amendment (No. 849) was rejected.
  Mr. WARNER. I move to reconsider the vote.
  Mr. INHOFE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The only remaining amendments authorized are 
of the chairman.
  Mr. WARNER. Those amendments will not be forthcoming.
  The PRESIDING OFFICER. The question is on the engrossment of the 
amendments and third reading of the bill.
  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall it pass?
  The bill (H.R. 1588), as amended, was passed, as follows:
  (Note: S. 1047 is Division A; S. 1048 is Division B; S. 1049 is 
Division C.)

       Resolved, That the bill from the House of Representatives 
     (H.R. 1588) entitled ``An Act to authorize appropriations for 
     fiscal year 2004 for military activities of the Department of 
     Defense, for military construction, and for defense 
     activities of the Department of Energy, to prescribe 
     personnel strengths for such fiscal year for the Armed 
     Forces, and for other purposes.'', do pass with the following 
     amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Defense 
     Authorization Act for Fiscal Year 2004''.

     SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                   CONTENTS.

       (a) Divisions.--This Act is organized into three divisions 
     as follows:
       (1) Division A--Department of Defense Authorizations.
       (2) Division B--Military Construction Authorizations.
       (3) Division C--Department of Energy National Security 
     Authorizations and Other Authorizations.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical agents and munitions destruction, Defense.
Sec. 107. Defense health programs.
Sec. 108. Reduction in authorization.

                       Subtitle B--Army Programs

Sec. 111. CH-47 helicopter program.
Sec. 112. Rapid infusion pumps.

                       Subtitle C--Navy Programs

Sec. 121. Multiyear procurement authority for Navy programs.
Sec. 122. Pilot program for flexible funding of naval vessel 
              conversions and overhauls.

                     Subtitle D--Air Force Programs

Sec. 131. Elimination of quantity limitations on multiyear procurement. 
              authority for C-130J aircraft.
Sec. 132. B-1B Bomber aircraft.

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for science and technology.
Sec. 203. Defense Inspector General.
Sec. 204. Defense health programs.

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Prohibition on transfer of certain programs outside the 
              Office of the Secretary of Defense.
Sec. 212. Objective force indirect fires program.
Sec. 213. Amount for Joint Engineering Data Management Information and 
              Control System.

[[Page 13606]]

Sec. 214. Human tissue engineering.
Sec. 215. Non-thermal imaging systems.
Sec. 216. Magnetic levitation.
Sec. 217. Composite sail test articles.
Sec. 218. Portable Mobile Emergency Broadband Systems.
Sec. 219. Boron energy cell technology.
Sec. 220. Modification of program element of short range air defense 
              radar program of the Army.
Sec. 221. Amount for network centric operations.

                 Subtitle C--Ballistic Missile Defense

Sec. 221. Fielding of ballistic missile defense capabilities.
Sec. 222. Repeal of requirement for certain program elements for 
              Missile Defense Agency activities.
Sec. 223. Oversight of procurement, performance criteria, and 
              operational test plans for ballistic missile defense 
              programs.
Sec. 224. Renewal of authority to assist local communities impacted by 
              ballistic missile defense system test bed.
Sec. 225. Requirement for specific authorization of Congress for 
              design, development, or deployment of hit-to-kill 
              ballistic missile interceptors.
Sec. 226. Prohibition on use of funds for nuclear armed interceptors in 
              missile defense systems.

                       Subtitle D--Other Matters

Sec. 231. Global Research Watch program in the Office of the Director 
              of Defense Research and Engineering.
Sec. 232. Defense Advanced Research Projects Agency biennial strategic 
              plan.
Sec. 233. Enhancement of authority of Secretary of Defense to support 
              science, mathematics, engineering, and technology 
              education.
Sec. 234. Department of Defense high-speed network-centric and 
              bandwidth expansion program.
Sec. 235. Department of Defense strategy for management of 
              electromagnetic spectrum.
Sec. 236. Amount for Collaborative Information Warfare Network.
Sec. 237. Coproduction of Arrow ballistic missile defense system.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 311. Emergency and morale communications programs.
Sec. 312. Commercial imagery industrial base.
Sec. 313. Information operations sustainment for land forces readiness 
              of Army Reserve.
Sec. 314. Submittal of survey on perchlorate contamination at 
              Department of Defense sites.

                  Subtitle C--Environmental Provisions

Sec. 321. General definitions applicable to facilities and operations.
Sec. 322. Military readiness and conservation of protected species.
Sec. 323. Arctic and Western Pacific Environmental Technology 
              Cooperation Program.
Sec. 324. Participation in wetland mitigation banks in connection with 
              military construction projects.
Sec. 325. Extension of authority to use environmental restoration 
              account funds for relocation of a contaminated facility.
Sec. 326. Applicability of certain procedural and administrative 
              requirements to restoration advisory boards.
Sec. 327. Expansion of authorities on use of vessels stricken from the 
              Naval Vessel Register for experimental purposes.
Sec. 328. Transfer of vessels stricken from the Naval Vessel Register 
              for use as artificial reefs.
Sec. 329. Salvage facilities.
Sec. 330. Task force on resolution of conflict between military 
              training and endangered species protection at Barry M. 
              Goldwater Range, Arizona.
Sec. 331. Public health assessment of exposure to perchlorate.

                 Subtitle D--Reimbursement Authorities

Sec. 341. Reimbursement of reserve component military personnel 
              accounts for personnel costs of special operations 
              reserve component personnel engaged in landmines 
              clearance.
Sec. 342. Reimbursement of reserve component accounts for costs of 
              intelligence activities support provided by reserve 
              component personnel.
Sec. 343. Reimbursement rate for services provided to the Department of 
              State.

                Subtitle E--Defense Dependents Education

Sec. 351. Assistance to local educational agencies that benefit 
              dependents of members of the Armed Forces and Department 
              of Defense civilian employees.
Sec. 352. Impact aid for children with severe disabilities.

                       Subtitle F--Other Matters

Sec. 361. Sale of Defense Information Systems Agency services to 
              contractors performing the Navy-Marine Corps Intranet 
              contract.
Sec. 362. Use of the Defense Modernization Account for life cycle cost 
              reduction initiatives.
Sec. 363. Exemption of certain firefighting service contracts from 
              prohibition on contracts for performance of firefighting 
              functions.
Sec. 364. Technical amendment relating to termination of Sacramento 
              Army Depot, Sacramento, California.
Sec. 365. Exception to competition requirement for workloads previously 
              performed by depot-level activities.
Sec. 366. Support for transfers of decommissioned vessels and shipboard 
              equipment.
Sec. 367. Aircraft for performance of aerial refueling mission.
Sec. 368. Contracting with employers of persons with disabilities.
Sec. 369. Repeal of calendar year limitations on use of commissary 
              stores by certain Reserves and others.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Increased maximum percentage of general and flag officers on 
              active duty authorized to be serving in grades above 
              Brigadier General and Rear Admiral (lower half).
Sec. 403. Extension of certain authorities relating to management of 
              numbers of general and flag officers in certain grades.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
              Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2004 limitations on non-dual status technicians.

       Subtitle C--Other Matters Relating to Personnel Strengths

Sec. 421. Revision of personnel strength authorization and accounting 
              process.
Sec. 422. Exclusion of recalled retired members from certain strength 
              limitations during period of war or national emergency.

              Subtitle D--Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Retention of health professions officers to fulfill active 
              duty service obligations following failure of selection 
              for promotion.
Sec. 502. Eligibility for appointment as Chief of Army Veterinary 
              Corps.

             Subtitle B--Reserve Component Personnel Policy

Sec. 511. Expanded authority for use of Ready Reserve in response to 
              terrorism.
Sec. 512. Streamlined process for continuing officers on the Reserve 
              Active-status list.
Sec. 513. National Guard officers on active duty in command of National 
              Guard units.

             Subtitle C--Revision of Retirement Authorities

Sec. 521. Permanent authority to reduce three-year time-in-grade 
              requirement for retirement in grade for officers in 
              grades above Major and Lieutenant Commander.

                   Subtitle D--Education and Training

Sec. 531. Increased flexibility for management of senior level 
              education and post-education assignments.
Sec. 532. Expanded educational assistance authority for cadets and 
              midshipmen receiving ROTC scholarships.
Sec. 533. Eligibility and cost reimbursement requirements for personnel 
              to receive instruction at the Naval Postgraduate School.
Sec. 534. Actions to address sexual misconduct at the service 
              academies.
Sec. 535. Funding of education assistance enlistment incentives to 
              facilitate national service through Department of Defense 
              Education Benefits Fund.

                      Subtitle E--Military Justice

Sec. 551. Extended limitation period for prosecution of child abuse 
              cases in courts-martial.
Sec. 552. Clarification of blood alcohol content limit for the offense 
              under the Uniform Code of Military Justice of drunken 
              operation of a vehicle, aircraft, or vessel.

                       Subtitle F--Other Matters

Sec. 561. High-tempo personnel management and allowance.
Sec. 562. Alternate initial military service obligation for persons 
              accessed under direct entry program.
Sec. 563. Policy on concurrent deployment to combat zones of both 
              military spouses of military families with minor 
              children.
Sec. 564. Enhancement of voting rights of members of the uniformed 
              services.

[[Page 13607]]

Sec. 565. Certain travel and transportation allowances for dependents 
              of members of the Armed Forces who have committed 
              dependent abuse.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2004.
Sec. 602. Revised annual pay adjustment process.
Sec. 603. Computation of basic pay rate for commissioned officers with 
              prior enlisted or warrant officer service.
Sec. 604. Pilot program of monthly subsistence allowance for non-
              scholarship Senior ROTC members committing to continue 
              ROTC participation as sophomores.
Sec. 605. Basic allowance for housing for each member married to 
              another member without dependents when both spouses are 
              on sea duty.
Sec. 606. Increased rate of family separation allowance.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
              authorities for Reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
              authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
              nuclear officers.
Sec. 614. One-year extension of other bonus and special pay 
              authorities.
Sec. 615. Special pay for reserve officers holding positions of unusual 
              responsibility and of critical nature.
Sec. 616. Assignment incentive pay for service in Korea.
Sec. 617. Increased maximum amount of reenlistment bonus for active 
              members.
Sec. 618. Payment of Selected Reserve reenlistment bonus to members of 
              Selected Reserve who are mobilized.
Sec. 619. Increased rate of hostile fire and imminent danger special 
              pay.
Sec. 620. Availability of hostile fire and imminent danger special pay 
              for reserve component members on inactive duty.
Sec. 621. Expansion of overseas tour extension incentive program to 
              officers.
Sec. 622. Eligibility of warrant officers for accession bonus for new 
              officers in critical skills.
Sec. 623. Incentive bonus for conversion to military occupational 
              specialty to ease personnel shortage.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Shipment of privately owned motor vehicle within continental 
              United States.
Sec. 632. Payment or reimbursement of student baggage storage costs for 
              dependent children of members stationed overseas.
Sec. 633. Contracts for full replacement value for loss or damage to 
              personal property transported at Government expense.
Sec. 634. Transportation of dependents to presence of members of the 
              Armed Forces who are retired for illness or injury 
              incurred in active duty.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Special rule for computation of retired pay base for 
              commanders of combatant commands.
Sec. 642. Survivor Benefit Plan annuities for surviving spouses of 
              Reserves not eligible for retirement who die from a cause 
              incurred or aggravated while on inactive-duty training.
Sec. 643. Increase in death gratuity payable with respect to deceased 
              members of the Armed Forces.
Sec. 644. Full payment of both retired pay and compensation to disabled 
              military retirees.

                       Subtitle E--Other Matters

Sec. 651. Retention of accumulated leave.
Sec. 652. GAO study.

 Subtitle F--Naturalization and Family Protection for Military Members

Sec. 661. Short title.
Sec. 662. Requirements for naturalization through service in the Armed 
              Forces of the United States.
Sec. 663. Naturalization benefits for members of the Selected Reserve 
              of the Ready Reserve.
Sec. 664. Extension of posthumous benefits to surviving spouses, 
              children, and parents.
Sec. 665. Effective date.

                         TITLE VII--HEALTH CARE

Sec. 701. Medical and dental screening for members of Selected Reserve 
              units alerted for mobilization.
Sec. 702. TRICARE beneficiary counseling and assistance coordinators 
              for Reserve component beneficiaries.
Sec. 703. Extension of authority to enter into personal services 
              contracts for health care services to be performed at 
              locations outside medical treatment facilities.
Sec. 704. Department of Defense Medicare-Eligible Retiree Health Care 
              Fund valuations and contributions.
Sec. 705. Surveys on continued viability of TRICARE standard.
Sec. 706. Elimination of limitation on covered beneficiaries' 
              eligibility to receive health care services from former 
              Public Health Service treatment facilities.
Sec. 707. Modification of structure and duties of Department of 
              Veterans Affairs-Department of Defense Health Executive 
              Committee.
Sec. 708. Eligibility of reserve officers for health care pending 
              orders to active duty following commissioning.
Sec. 709. Reimbursement of covered beneficiaries for certain travel 
              expenses relating to specialized dental care.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

             Subtitle A--Acquisition Policy and Management

Sec. 801. Temporary emergency procurement authority to facilitate 
              defense against or recovery from terrorism or nuclear, 
              biological, chemical, or radiological attack.
Sec. 802. Special temporary contract closeout authority.
Sec. 803. Defense acquisition program management for use of radio 
              frequency spectrum.
Sec. 804. National Security Agency Modernization Program.
Sec. 805. Quality control in procurement of aviation critical safety 
              items and related services.

                  Subtitle B--Procurement of Services

Sec. 811. Expansion and extension of incentive for use of performance-
              based contracts in procurements of services.
Sec. 812. Public-private competitions for the performance of Department 
              of Defense functions.
Sec. 813. Authority to enter into personal services contracts.

             Subtitle C--Major Defense Acquisition Programs

Sec. 821. Certain weapons-related prototype projects.
Sec. 822. Applicability of Clinger-Cohen Act policies and requirements 
              to equipment integral to a weapon or weapon system.
Sec. 823. Applicability of requirement for reports on maturity of 
              technology at initiation of major defense acquisition 
              programs.

                Subtitle D--Domestic Source Requirements

Sec. 831. Exceptions to Berry amendment for contingency operations and 
              other urgent situations.
Sec. 832. Inapplicability of Berry amendment to procurements of waste 
              and byproducts of cotton and wool fiber for use in the 
              production of propellants and explosives.
Sec. 833. Waiver authority for domestic source or content requirements.
Sec. 834. Buy American exception for ball bearings and roller bearings 
              used in foreign products.

         Subtitle E--Defense Acquisition and Support Workforce

Sec. 841. Flexibility for management of the defense acquisition and 
              support workforce.
Sec. 842. Limitation and reinvestment authority relating to reduction 
              of the defense acquisition and support workforce.
Sec. 843. Clarification and revision of authority for demonstration 
              project relating to certain acquisition personnel 
              management policies and procedures.

     Subtitle F--Federal Support for Procurement of Anti-Terrorism 
        Technologies and Services by State and Local Governments

Sec. 851. Application of indemnification authority to State and local 
              government contractors.
Sec. 852. Federal support for enhancement of State and local anti-
              terrorism response capabilities.
Sec. 853. Definitions.

     Subtitle G--General Contracting Authorities, Procedures, and 
                     Limitations, and Other Matters

Sec. 861. Limited acquisition authority for Commander of United States 
              Joint Forces Command.
Sec. 862. Operational test and evaluation.
Sec. 863. Multiyear task and delivery order contracts.
Sec. 864. Repeal of requirement for contractor assurances regarding the 
              completeness, accuracy, and contractual sufficiency of 
              technical data provided by the contractor.
Sec. 865. Reestablishment of authority for short-term leases of real or 
              personal property across fiscal years.
Sec. 866. Consolidation of contract requirements.

[[Page 13608]]

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department Officers and Agencies

Sec. 901. Clarification of responsibility of military departments to 
              support combatant commands.
Sec. 902. Redesignation of National Imagery and Mapping Agency as 
              National Geospatial-Intelligence Agency.
Sec. 903. Standards of conduct for members of the Defense Policy Board 
              and the Defense Science Board.

                      Subtitle B--Space Activities

Sec. 911. Coordination of space science and technology activities of 
              the Department of Defense.
Sec. 912. Space personnel cadre.
Sec. 913. Policy regarding assured access to space for United States 
              national security payloads.
Sec. 914. Pilot program to provide space surveillance network services 
              to entities outside the United States Government.
Sec. 915. Content of biennial Global Positioning System report.

                       Subtitle C--Other Matters

Sec. 921. Combatant Commander Initiative Fund.
Sec. 922. Authority for the Marine Corps University to award the degree 
              of master of operational studies.
Sec. 923. Report on changing roles of United States Special Operations 
              Command.
Sec. 924. Integration of Defense intelligence, surveillance, and 
              reconnaissance capabilities.
Sec. 925. Establishment of the National Guard of the Northern Mariana 
              Islands.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in 
              fiscal year 2004.
Sec. 1003. Authorization of supplemental appropriations for fiscal year 
              2003.

           Subtitle B--Improvement of Travel Card Management

Sec. 1011. Mandatory disbursement of travel allowances directly to 
              travel card creditors.
Sec. 1012. Determinations of creditworthiness for issuance of Defense 
              travel card.
Sec. 1013. Disciplinary actions and assessing penalties for misuse of 
              Defense travel cards.

                          Subtitle C--Reports

Sec. 1021. Elimination and revision of various reporting requirements 
              applicable to the Department of Defense.
Sec. 1022. Global strike plan.
Sec. 1023. Report on the conduct of Operation Iraqi Freedom.
Sec. 1024. Report on mobilization of the reserves.
Sec. 1025. Study of beryllium industrial base.

                       Subtitle D--Other Matters

Sec. 1031. Blue forces tracking initiative.
Sec. 1032. Loan, donation, or exchange of obsolete or surplus property.
Sec. 1033. Acceptance of gifts and donations.
Sec. 1034. Provision of living quarters for certain students working at 
              National Security Agency laboratory.
Sec. 1035. Protection of operational files of the National Security 
              Agency.
Sec. 1036. Transfer of administration of National Security Education 
              Program to Director of Central Intelligence.
Sec. 1037. Report on use of unmanned aerial vehicles for support of 
              homeland security missions.
Sec. 1038. Conveyance of surplus T-37 aircraft to Air Force Aviation 
              Heritage Foundation, Incorporated.
Sec. 1039. Sense of Senate on reward for information leading to 
              resolution of status of members of the Armed Forces who 
              remain missing in action.
Sec. 1040. Advanced shipbuilding enterprise.
Sec. 1041. Air fares for members of Armed Forces.
Sec. 1042. Sense of Senate on deployment of airborne chemical agent 
              monitoring systems at chemical stockpile disposal sites 
              in the United States.
Sec. 1043. Federal assistance for State programs under the National 
              Guard Challenge Program.
Sec. 1044. Sense of Senate on reconsideration of decision to terminate 
              border seaport inspection duties of National Guard under 
              National Guard drug interdiction and counter-drug 
              mission.

       TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

Sec. 1101. Authority to employ civilian faculty members at the Western 
              Hemisphere Institute for Security Cooperation.
Sec. 1102. Pay authority for critical positions.
Sec. 1103. Extension, expansion, and revision of authority for 
              experimental personnel program for scientific and 
              technical personnel.
Sec. 1104. Transfer of personnel investigative functions and related 
              personnel of the Department of Defense.

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Authority to use funds for payment of costs of attendance of 
              foreign visitors under Regional Defense Counterterrorism 
              Fellowship Program.
Sec. 1202. Availability of funds to recognize superior noncombat 
              achievements or performance of members of friendly 
              foreign forces and other foreign nationals.
Sec. 1203. Check cashing and exchange transactions for foreign 
              personnel in alliance or coalition forces.
Sec. 1204. Clarification and extension of authority to provide 
              assistance for international nonproliferation activities.
Sec. 1205. Reimbursable costs relating to national security controls on 
              satellite export licensing.
Sec. 1206. Annual report on the NATO Prague capabilities commitment and 
              the NATO Response Force.
Sec. 1207. Expansion and extension of authority to provide additional 
              support for counter-drug activities.
Sec. 1208. Use of funds for unified counterdrug and counterterrorism 
              campaign in Colombia.
Sec. 1209. Competitive award of contracts for Iraqi reconstruction.

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                              SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
              funds.
Sec. 1302. Funding allocations.
Sec. 1303. Annual certifications on use of facilities being constructed 
              for Cooperative Threat Reduction projects or activities.
Sec. 1304. Authority to use Cooperative Threat Reduction funds outside 
              the former Soviet Union.
Sec. 1305. One-year extension of inapplicability of certain conditions 
              on use of funds for chemical weapons destruction.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Termination of authority to carry out certain fiscal year 
              2003 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 
              2003 projects.
Sec. 2107. Modification of authority to carry out certain fiscal year 
              2002 project.
Sec. 2108. Modification of authority to carry out certain fiscal year 
              2001 project.

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Termination of authority to carry out certain fiscal year 
              2003 project.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
              projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of fiscal year 2003 authority relating to 
              improvement of military family housing units.

                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
              acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out certain fiscal year 
              2003 project.
Sec. 2407. Modification of authority to carry out certain fiscal year 
              2003 projects.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized guard and reserve construction and land 
              acquisition projects.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be 
              specified by law.

[[Page 13609]]

Sec. 2702. Extension of authorizations of certain fiscal year 2001 
              projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2000 
              projects.
Sec. 2704. Effective date.

                    TITLE XXVIII--GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes

Sec. 2801. Modification of general definitions relating to military 
              construction.
Sec. 2802. Increase in number of family housing units in Italy 
              authorized for lease by the Navy.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Increase in threshold for reports to Congress on real 
              property transactions.
Sec. 2812. Acceptance of in-kind consideration for easements.
Sec. 2813. Expansion to military unaccompanied housing of authority to 
              transfer property at military installations to be closed 
              in exchange for military housing.
Sec. 2814. Exemption from screening and use requirements under 
              McKinney-Vento Homeless Assistance Act of Department of 
              Defense property in emergency support of homeland 
              security.

                      Subtitle C--Land Conveyances

Sec. 2821. Transfer of land at Fort Campbell, Kentucky and Tennessee.
Sec. 2822. Land conveyance, Fort Knox, Kentucky.
Sec. 2823. Land conveyance, Marine Corps Logistics Base, Albany, 
              Georgia.
Sec. 2824. Land conveyance, Air Force and Army Exchange Service 
              property, Dallas, Texas.
Sec. 2825. Land exchange, Naval and Marine Corps Reserve Center, 
              Portland Oregon.
Sec. 2826. Land conveyance, Fort Ritchie, Maryland.
Sec. 2827. Feasibility study of conveyance of Louisiana Army Ammunition 
              Plant, Doyline, Louisiana.

       Subtitle D--Review of Overseas Military Facility Structure

Sec. 2841. Short title.
Sec. 2842. Establishment of Commission.
Sec. 2843. Duties of Commission.
Sec. 2844. Powers of Commission.
Sec. 2845. Commission personnel matters.
Sec. 2846. Security.
Sec. 2847. Termination of Commission.
Sec. 2848. Funding.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense energy supply.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Repeal of prohibition on research and development of low-
              yield nuclear weapons.
Sec. 3132. Readiness posture for resumption by the United States of 
              underground nuclear weapons tests.
Sec. 3133. Technical base and facilities maintenance and 
              recapitalization activities.
Sec. 3134. Continuation of processing, treatment, and disposition of 
              legacy nuclear materials.
Sec. 3135. Requirement for specific authorization of Congress for 
              commencement of engineering development phase or 
              subsequent phase of robust nuclear earth penetrator.

                   Subtitle C--Proliferation Matters

Sec. 3141. Expansion of International Materials Protection, Control, 
              and Accounting program.
Sec. 3142. Semi-annual financial reports on Defense Nuclear 
              Nonproliferation program.
Sec. 3143. Report on reduction of excessive uncosted balances for 
              defense nuclear nonproliferation activities.

                       Subtitle D--Other Matters

Sec. 3151. Modification of authorities on Department of Energy 
              personnel security investigations.
Sec. 3152. Responsibilities of Environmental Management program and 
              National Nuclear Security Administration of Department of 
              Energy for environmental cleanup, decontamination and 
              decommissioning, and waste management.
Sec. 3153. Update of report on stockpile stewardship criteria.
Sec. 3154. Progress reports on Energy Employees Occupational Illness 
              Compensation Program.
Sec. 3155. Study on the application of technology from the Robust 
              Nuclear Earth Penetrator Program to Conventional Hard and 
              Deeply Buried Target Weapons Development Programs.

Subtitle E--Consolidation of General Provisions on Department of Energy 
                       National Security Programs

Sec. 3161. Consolidation and assembly of recurring and general 
              provisions on Department of Energy national security 
              programs.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

       For purposes of this Act, the term ``congressional defense 
     committees'' means--
       (1) the Committee on Armed Services and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

     SEC. 101. ARMY.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for procurement for the Army as follows:
       (1) For aircraft, $2,158,485,000.
       (2) For missiles, $1,553,462,000.
       (3) For weapons and tracked combat vehicles, 
     $1,658,504,000.
       (4) For ammunition, $1,363,305,000.
       (5) For other procurement, $4,266,027,000.

     SEC. 102. NAVY AND MARINE CORPS.

       (a) Navy.--Funds are hereby authorized to be appropriated 
     for fiscal year 2004 for procurement for the Navy as follows:
       (1) For aircraft, $8,996,948,000.
       (2) For weapons, including missiles and torpedoes, 
     $2,046,821,000.
       (3) For shipbuilding and conversion, $11,707,984,000.
       (4) For other procurement, $4,744,443,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 2004 for procurement for the 
     Marine Corps in the amount of $1,089,599,000.
       (c) Navy and Marine Corps Ammunition.--Funds are hereby 
     authorized to be appropriated for fiscal year 2004 for 
     procurement of ammunition for the Navy and the Marine Corps 
     in the amount of $924,355,000.

     SEC. 103. AIR FORCE.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for procurement for the Air Force as follows:
       (1) For aircraft, $12,082,760,000.
       (2) For ammunition, $1,284,725,000.
       (3) For missiles, $4,394,439,000.
       (4) For other procurement, $11,630,659,000.

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for Defense-wide procurement in the amount of 
     $3,884,106,000.

     SEC. 105. DEFENSE INSPECTOR GENERAL.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for procurement for the Inspector General of the 
     Department of Defense in the amount of $2,100,000.

     SEC. 106. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

       There is hereby authorized to be appropriated for the 
     Office of the Secretary of Defense for fiscal year 2004 the 
     amount of $1,530,261,000 for--
       (1) the destruction of lethal chemical agents and munitions 
     in accordance with section 1412 of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C. 1521); and
       (2) the destruction of chemical warfare materiel of the 
     United States that is not covered by section 1412 of such 
     Act.

     SEC. 107. DEFENSE HEALTH PROGRAMS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for the Department of Defense for procurement for 
     carrying out health care programs, projects, and activities 
     of the Department of Defense in the total amount of 
     $327,826,000.

     SEC. 108. REDUCTION IN AUTHORIZATION.1

       The total amount authorized to be appropriated under 
     section 104 is hereby reduced by $3,300,000, with $2,100,000 
     of the reduction to be allocated to Special Operations Forces 
     rotary upgrades and $1,200,000 to be allocated to Special 
     Operations Forces operational enhancements.

                       Subtitle B--Army Programs

     SEC. 111. CH-47 HELICOPTER PROGRAM.

       (a) Requirement for Study.--The Secretary of the Army shall 
     study the feasibility and the costs and benefits of providing 
     for the participation of a second source in the production of 
     gears for the helicopter transmissions incorporated into CH-
     47 helicopters being procured by the Army with funds 
     authorized to be appropriated by this Act.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit a report on 
     the results of the study to Congress.

     SEC. 112. RAPID INFUSION PUMPS.

       (a) Availability of Funds.--(1) Of the amount authorized to 
     be appropriated by section 101(5) for other procurement, 
     Army, $2,000,000 may be available for medical equipment for 
     the procurement of rapid infusion (IV) pumps.
       (2) The total amount authorized to be appropriated under 
     section 101(5) is hereby increased by $2,000,000.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 301(1) for operation and maintenance, Army, the 
     amount available is hereby reduced by $2,000,000.

[[Page 13610]]



                       Subtitle C--Navy Programs

     SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR NAVY PROGRAMS.

       (a) Authority.--Beginning with the fiscal year 2004 program 
     year, the Secretary of the Navy may, in accordance with 
     section 2306b of title 10, United States Code, enter into a 
     multiyear contract for procurement for the following 
     programs:
       (1) The F/A-18 aircraft program.
       (2) The E-2C aircraft program.
       (3) The Tactical Tomahawk Cruise Missile program, subject 
     to subsection (b).
       (4) The Virginia class submarine, subject to subsection 
     (c).
       (5) The Phalanx Close In Weapon System program, Block 1B.
       (b) Tactical Tomahawk Cruise Missiles.--The Secretary may 
     not enter into a multiyear contract for the procurement of 
     Tactical Tomahawk Cruise Missiles under subsection (a)(3) 
     until the Secretary determines on the basis of operational 
     testing that the Tactical Tomahawk Cruise Missile is 
     effective for fleet use.
       (c) Virginia Class Submarines.--Paragraphs (2)(A), (3), and 
     (4) of section 121(b) of the National Defense Authorization 
     Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1648) 
     shall apply in the exercise of authority to enter into a 
     multiyear contract for the procurement of Virginia class 
     submarines under subsection (a)(4).

     SEC. 122. PILOT PROGRAM FOR FLEXIBLE FUNDING OF NAVAL VESSEL 
                   CONVERSIONS AND OVERHAULS.

       (a) Establishment.--The Secretary of the Navy may carry out 
     a pilot program of flexible funding of conversions and 
     overhauls of cruisers of the Navy in accordance with this 
     section.
       (b) Authority.--Under the pilot program the Secretary of 
     the Navy may, subject to subsection (d), transfer 
     appropriated funds described in subsection (c) to the 
     appropriation for the Navy for procurement for shipbuilding 
     and conversion for any fiscal year to continue to fund any 
     conversion or overhaul of a cruiser of the Navy that was 
     initially funded with the appropriation to which transferred.
       (c) Funds Available for Transfer.--The appropriations 
     available for transfer under this section are the 
     appropriations to the Navy for any fiscal year after fiscal 
     year 2003 and before fiscal year 2013 for the following 
     purposes:
       (1) For procurement, as follows:
       (A) For shipbuilding and conversion.
       (B) For weapons procurement.
       (C) For other procurement.
       (2) For operation and maintenance.
       (d) Limitations.--(1) A transfer may be made with respect 
     to a cruiser under this section only to meet the following 
     requirements:
       (A) Any increase in the size of the workload for conversion 
     or overhaul to meet existing requirements for the cruiser.
       (B) Any new conversion or overhaul requirement resulting 
     from a revision of the original baseline conversion or 
     overhaul program for the cruiser.
       (2) A transfer may not be made under this section before 
     the date that is 30 days after the date on which the 
     Secretary of the Navy transmits to the congressional defense 
     committees a written notification of the intended transfer. 
     The notification shall include the following matters:
       (A) The purpose of the transfer.
       (B) The amounts to be transferred.
       (C) Each account from which the funds are to be 
     transferred.
       (D) Each program, project, or activity from which the funds 
     are to be transferred.
       (E) Each account to which the funds are to be transferred.
       (F) A discussion of the implications of the transfer for 
     the total cost of the cruiser conversion or overhaul program 
     for which the transfer is to be made.
       (e) Merger of Funds.--Amounts transferred to an 
     appropriation with respect to the conversion or overhaul of a 
     cruiser under this section shall be credited to and merged 
     with other funds in the appropriation to which transferred 
     and shall be available for the conversion or overhaul of such 
     cruiser for the same period as the appropriation with which 
     merged.
       (f) Relationship to Other Transfer Authority.--The 
     authority to transfer funds under this section is in addition 
     to any other authority provided by law to transfer 
     appropriated funds and is not subject to any restriction, 
     limitation, or procedure that is applicable to the exercise 
     of any such other authority.
       (g) Final Report.--Not later than October 1, 2011, the 
     Secretary of the Navy shall submit to the congressional 
     defense committees a report containing the Secretary's 
     evaluation of the efficacy of the authority provided under 
     this section.
       (h) Termination of Program.--No transfer may be made under 
     this section after September 30, 2012.

                     Subtitle D--Air Force Programs

     SEC. 131. ELIMINATION OF QUANTITY LIMITATIONS ON MULTIYEAR 
                   PROCUREMENT AUTHORITY FOR C-130J AIRCRAFT.

       Section 131(a) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2475) is amended by striking ``up to 40 C-130J 
     aircraft in the CC-130J configuration and up to 24 C-130J 
     aircraft in the KC-130J configuration'' and inserting ``C-
     130J aircraft in the CC-130J and KC-130J configurations''.

     SEC. 132. B-1B BOMBER AIRCRAFT.

       (a) Amount for Aircraft.--(1) Of the amount authorized to 
     be appropriated under section 103(1), $20,300,000 may be 
     available to reconstitute the fleet of B-1B bomber aircraft 
     through modifications of 23 B-1B bomber aircraft otherwise 
     scheduled to be retired in fiscal year 2003 that extend the 
     service life of such aircraft and maintain or, as necessary, 
     improve the capabilities of such aircraft for mission 
     performance.
       (2) The Secretary of the Air Force shall submit to the 
     congressional defense committees a report that specifies the 
     amounts necessary to be included in the future-years defense 
     program to reconstitute the B-1B bomber aircraft fleet of the 
     Air Force.
       (b) Adjustment.--(1) The total amount authorized to be 
     appropriated under section 103(1) is hereby increased by 
     $20,300,000.
       (2) The total amount authorized to be appropriated under 
     section 104 is hereby reduced by $20,300,000, with the amount 
     of the reduction to be allocated to Special Operations Forces 
     operational enhancements.

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:
       (1) For the Army, $9,012,500,000.
       (2) For the Navy, $14,590,284,000.
       (3) For the Air Force, $20,382,407,000.
       (4) For Defense-wide activities, $19,135,679,000, of which 
     $286,661,000 is authorized for the Director of Operational 
     Test and Evaluation.

     SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

       (a) Amount for Projects.--Of the total amount authorized to 
     be appropriated by section 201, $10,705,561,000 shall be 
     available for science and technology projects.
       (b) Science and Technology Defined.--In this section, the 
     term ``science and technology project'' means work funded in 
     program elements for defense research, development, test, and 
     evaluation under Department of Defense budget activities 1, 
     2, or 3.

     SEC. 203. DEFENSE INSPECTOR GENERAL.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for research, development, test, and evaluation for 
     the Inspector General of the Department of Defense in the 
     amount of $300,000.

     SEC. 204. DEFENSE HEALTH PROGRAMS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for the Department of Defense for research, 
     development, test, and evaluation for carrying out health 
     care programs, projects, and activities of the Department of 
     Defense in the total amount of $65,796,000.

    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 211. PROHIBITION ON TRANSFER OF CERTAIN PROGRAMS OUTSIDE 
                   THE OFFICE OF THE SECRETARY OF DEFENSE.

       The Secretary of Defense may not designate any official 
     outside the Office of the Secretary of Defense to exercise 
     authority for programming or budgeting for any of the 
     following programs:
       (1) Explosive demilitarization technology (program element 
     0603104D8Z).
       (2) High energy laser research initiative (program element 
     0601108D8Z).
       (3) High energy laser research (program element 
     0602890D8Z).
       (4) High energy laser advanced development (program element 
     0603924D8Z).
       (5) University research initiative (program element 
     0601103D8Z).

     SEC. 212. OBJECTIVE FORCE INDIRECT FIRES PROGRAM.

       (a) Distinct Program Element.--The Secretary of Defense 
     shall ensure that, not later than October 1, 2003, the 
     Objective Force Indirect Fires Program is being planned, 
     programmed, and budgeted for as a distinct program element 
     and that funds available for such program are being 
     administered consistent with the budgetary status of the 
     program as a distinct program element.
       (b) Prohibition.--Effective on October 1, 2003, the 
     Objective Force Indirect Fires Program may not be planned, 
     programmed, and budgeted for, and funds available for such 
     program may not be administered, in one program element in 
     combination with the Armored Systems Modernization program.
       (c) Certification Requirement.--At the same time that the 
     President submits the budget for fiscal year 2005 to Congress 
     under section 1105(a) of title 31, United States Code, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     written certification that the Objective Force Indirect Fires 
     Program is being planned, programmed, and budgeted for, and 
     funds available for such program are being administered, in 
     accordance with the requirement in subsection (a) and the 
     prohibition in subsection (b).

     SEC. 213. AMOUNT FOR JOINT ENGINEERING DATA MANAGEMENT 
                   INFORMATION AND CONTROL SYSTEM.

       (a) Navy RDT&E.--The amount authorized to be appropriated 
     under section 201(2) is hereby increased by $2,500,000. Such 
     amount may be available for the Joint Engineering Data 
     Management Information and Control System (JEDMICS).
       (b) Navy Procurement.--The amount authorized to be 
     appropriated under section 102(a)(4) is hereby reduced by 
     $2,500,000, to be derived from the amount provided for the 
     Joint

[[Page 13611]]

     Engineering Data Management Information and Control System 
     (JEDMICS).

     SEC. 214. HUMAN TISSUE ENGINEERING.

       (a) Amount.--Of the amount authorized to be appropriated 
     under section 201(1), $1,700,000 may be available in PE 
     0602787 for human tissue engineering. The total amount 
     authorized to be appropriated under section 201(1) is hereby 
     increased by $1,700,000.
       (b) Offsets.--Of the amount authorized to be appropriated 
     under section 301(4) for Operations and Maintenance, Air 
     Force is hereby reduced by $1,700,000.

     SEC. 215. NON-THERMAL IMAGING SYSTEMS.

       (a) Availability of Funds.--Of the amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy and available for Power 
     Projection Applied Research (PE 602114N), $2,000,000 may be 
     available for research and development of non-thermal imaging 
     systems. The total amount authorized to be appropriated under 
     section 201(2) is hereby increased by $2,000,000.
       (b) Offsets.--The amount authorized to be appropriated by 
     section 301(4) for Operation and Maintenance, Air Force is 
     hereby reduced by $1,000,000 and the amount authorized to be 
     appropriated by section 104 for Defense-wide activities, is 
     hereby reduced by $1,000,000 for Special Operations Forces 
     rotary wing upgrades.

     SEC. 216. MAGNETIC LEVITATION.

       (a) Increase in Authorization of Appropriations.--The 
     amount authorized to be appropriated by section 201(3) for 
     research, development, test, and evaluation for the Air Force 
     is hereby increased by $2,100,000, with the amount of the 
     increase to be allocated to Major Test and Evaluation 
     Investment (PE 0604759F).
       (b) Availability.--(1) Of the amount authorized to be 
     appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force and available for 
     Major Test and Evaluation Investment, as increased by 
     subsection (a), $2,100,000 may be available for research and 
     development on magnetic levitation technologies at the high 
     speed test track at Holloman Air Force Base, New Mexico.
       (2) The amount available under paragraph (1) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts available under this Act for that purpose.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(4) for Operation and Maintenance, Air Force, is 
     hereby reduced by $2,100,000.

     SEC. 217. COMPOSITE SAIL TEST ARTICLES.

       (a) Availability of Funds.--The total amount authorized to 
     be appropriated under section 201(2) for Virginia-class 
     submarine development, may be increased by $2,000,000 for the 
     development and fabrication of composite sail test articles 
     for incorporation into designs for future submarines.
       (b) Offset.--The amount authorized to be appropriated under 
     section 104 may be reduced by $2,000,000, to be derived from 
     the amount provided for Special Operations Forces operational 
     enhancements.

     SEC. 218. PORTABLE MOBILE EMERGENCY BROADBAND SYSTEMS.

       (a) Availability of Funds.--(1) Of the amount authorized to 
     be appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, $2,000,000 may be 
     available for the development of Portable Mobile Emergency 
     Broadband Systems (MEBS).
       (2) The total amount authorized to be appropriated under 
     section 201(1) is hereby increased by $2,000,000.
       (b) Offset.--The amount authorized to be appropriated by 
     section 104 for procurement, Defense-wide activities, Special 
     Operations Forces operational enhancements is hereby reduced 
     by $2,000,000.

     SEC. 219. BORON ENERGY CELL TECHNOLOGY.

       (a) Increase in RDT&E, Air Force.--The amount authorized to 
     be appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force is hereby increased by 
     $5,000,000.
       (b) Availability for Boron Energy Cell Technology.--(1) of 
     the amount authorized to be appropriated by section 201(3) 
     for research, development, test, and evaluation for the Air 
     Force, as increased by subsection (a), $5,000,000 may be 
     available for research, development, test, and evaluation on 
     boron energy cell technology.
       (2) The amount available under paragraph (1) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts available under this Act for that purpose.
       (c) Offset From Operation and Maintenance, Army.--The 
     amount authorized to be appropriated by section 301(1), for 
     operation and maintenance for the Army is hereby reduced by 
     $5,000,000.

     SEC. 220. MODIFICATION OF PROGRAM ELEMENT OF SHORT RANGE AIR 
                   DEFENSE RADAR PROGRAM OF THE ARMY.

       The program element of the short range air defense radar 
     program of the Army may be modified from Program Element 
     602303A (Missile Technology) to Program Element 603772A 
     (Advanced Tactical Computer Science and Sensor Technology).

     SEC. 221. AMOUNT FOR NETWORK CENTRIC OPERATIONS.

       Of the amount authorized to be appropriated under section 
     201(1) for historically Black colleges and universities, 
     $1,000,000 may be used for funding the initiation of a 
     capability in such institutions to support the network 
     centric operations of the Department of Defense.

                 Subtitle C--Ballistic Missile Defense

     SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

       Funds authorized to be appropriated under section 201(4) 
     for the Missile Defense Agency may be used for the 
     development and fielding of an initial set of ballistic 
     missile defense capabilities.

     SEC. 222. REPEAL OF REQUIREMENT FOR CERTAIN PROGRAM ELEMENTS 
                   FOR MISSILE DEFENSE AGENCY ACTIVITIES.

       Section 223 of title 10, United States Code is amended--
       (1) by striking subsection (a);
       (2) by redesignating subsections (b) and (c) as subsections 
     (a) and (b), respectively; and
       (3) in subsection (b), as so redesignated, by striking 
     ``specified in subsection (a)''.

     SEC. 223. OVERSIGHT OF PROCUREMENT, PERFORMANCE CRITERIA, AND 
                   OPERATIONAL TEST PLANS FOR BALLISTIC MISSILE 
                   DEFENSE PROGRAMS.

       (a) Procurement.--(1) Chapter 9 of title 10, United States 
     Code, is amended by inserting after section 223 the following 
     new section:

     ``Sec. 223a. Ballistic missile defense programs: procurement

       ``(a) Budget Justification Materials.--(1) In the budget 
     justification materials submitted to Congress in support of 
     the Department of Defense budget for any fiscal year (as 
     submitted with the budget of the President under section 
     1105(a) of title 31), the Secretary of Defense shall specify, 
     for each ballistic missile defense system element, the 
     following information:
       ``(A) For each ballistic missile defense element for which 
     the Missile Defense Agency is engaged in planning for 
     production and initial fielding, the following information:
       ``(i) The production rate capabilities of the production 
     facilities planned to be used.
       ``(ii) The potential date of availability of the element 
     for initial fielding.
       ``(iii) The expected costs of the initial production and 
     fielding planned for the element.
       ``(iv) The estimated date on which the administration of 
     the acquisition of the element is to be transferred to the 
     Secretary of a military department.
       ``(B) The performance criteria prescribed under subsection 
     (b).
       ``(2) The information provided under paragraph (1) shall be 
     submitted in an unclassified form, but may include a 
     classified annex as necessary.
       ``(b) Performance Criteria.--(1) The Director of the 
     Missile Defense Agency shall prescribe measurable performance 
     criteria for all planned development phases (known as 
     ``blocks'') of the ballistic missile defense system and each 
     of its elements. The performance criteria may be updated as 
     necessary while the program and any follow-on program remain 
     in development.
       ``(2) The performance criteria prescribed for a block under 
     paragraph (1) shall include one or more criteria that 
     specifically describe, in relation to that block, the 
     intended effectiveness against foreign adversary 
     capabilities, including a description of countermeasures, for 
     which the system is being designed as a defense.
       ``(c) Operational Test Plans.--The Director of Operational 
     Test and Evaluation, in consultation with the Director of the 
     Missile Defense Agency, shall establish and approve for each 
     ballistic missile defense system element appropriate plans 
     and schedules for operational testing. The test plans shall 
     include an estimate of when successful performance of the 
     element in accordance with each performance criterion is to 
     be verified by operational testing. The test plans for a 
     program may be updated as necessary while the program and any 
     follow-on program remain in development.
       ``(d) Annual Testing Progress.-- The annual report of the 
     Director of Operational Test and Evaluation required under 
     section 232(h) of the National Defense Authorization Act for 
     Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2431 note) 
     shall include the following:
       ``(1) The test plans established under subsection (c); and
       ``(2) An assessment of the progress being made toward 
     verifying through operational testing the performance of the 
     system under a missile defense system program as measured by 
     the performance criteria prescribed for the program under 
     subsection (b).
       ``(e) Future-Years Defense Program.--The future-years 
     defense program submitted to Congress each year under section 
     221 of this title shall include an estimate of the amount 
     necessary for procurement for each ballistic missile defense 
     system element, together with a discussion of the underlying 
     factors and reasoning justifying the estimate.''.
       (2) The table of contents at the beginning of such chapter 
     9 is amended by inserting after the item relating to section 
     223 the following new item:

``223a. Ballistic missile defense programs: procurement.''.

       (b) Exception for First Assessment.--The first assessment 
     required under subsection (d) of section 223a of title 10, 
     United States Code (as added by subsection (a)), shall be an 
     interim assessment submitted to the Committees on Armed 
     Services of the Senate and the House of Representatives not 
     later than July 31, 2004.

     SEC. 224. RENEWAL OF AUTHORITY TO ASSIST LOCAL COMMUNITIES 
                   IMPACTED BY BALLISTIC MISSILE DEFENSE SYSTEM 
                   TEST BED.

       Section 235(b) of the National Defense Authorization Act 
     for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1041) is 
     amended--
       (1) in paragraph (1), by inserting ``, 2004, 2005, or 
     2006'' after ``for fiscal year 2002''; and
       (2) by adding at the end the following new paragraph:

[[Page 13612]]

       ``(3) In the budget justification materials for the 
     Department of Defense that the Secretary of Defense submits 
     to Congress in connection with the submission of the budget 
     for fiscal year 2004, the budget for fiscal year 2005, and 
     the budget for fiscal year 2006 under section 1105(a) of 
     title 31, United States Code, the Secretary shall include a 
     description of the community assistance projects that are to 
     be supported in such fiscal year under this subsection and an 
     estimate of the total cost of each such project.''.

     SEC. 225. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF CONGRESS 
                   FOR DESIGN, DEVELOPMENT, OR DEPLOYMENT OF HIT-
                   TO-KILL BALLISTIC MISSILE INTERCEPTORS.

       (a) No amount authorized to be appropriated by this Act for 
     research, development, test, and evaluation, Defense-wide, 
     and available for Ballistic Missile Defense System 
     Interceptors (PE 060886C), may be obligated or expended to 
     design, develop, or deploy hit-to-kill interceptors or other 
     weapons for placement in space unless specifically authorized 
     by Congress.
       (b) Of the amounts authorized to be appropriated for fiscal 
     year 2004 for Ballistic Missile Defense System Interceptors, 
     $14,000,000 is available for research and concept definition 
     for the space based test bed.

     SEC. 226. PROHIBITION ON USE OF FUNDS FOR NUCLEAR ARMED 
                   INTERCEPTORS IN MISSILE DEFENSE SYSTEMS.

       No funds authorized to be appropriated for the Department 
     of Defense by this Act may be obligated or expended for 
     research, development, test, and evaluation, procurement, or 
     deployment of nuclear armed interceptors in a missile defense 
     system.

                       Subtitle D--Other Matters

     SEC. 231. GLOBAL RESEARCH WATCH PROGRAM IN THE OFFICE OF THE 
                   DIRECTOR OF DEFENSE RESEARCH AND ENGINEERING.

       Section 139a of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c)(1) The Director shall carry out a Global Research 
     Watch program.
       ``(2) The goals of the program are as follows:
       ``(A) To monitor and analyze the basic and applied research 
     activities and capabilities of foreign nations in areas of 
     military interest, including allies and competitors.
       ``(B) To provide standards for comparison and comparative 
     analysis of research capabilities of foreign nations in 
     relation to the research capabilities of the United States.
       ``(C) To assist Congress and Department of Defense 
     officials in making investment decisions for research in 
     technical areas where the United States may not be the global 
     leader.
       ``(D) To identify areas where significant opportunities for 
     cooperative research may exist.
       ``(E) To coordinate and promote the international 
     cooperative research and analysis activities of each of the 
     armed forces and Defense Agencies.
       ``(F) To establish and maintain an electronic database on 
     international research capabilities, comparative assessments 
     of capabilities, cooperative research opportunities, and 
     ongoing cooperative programs.
       ``(3) The program shall be focused on research and 
     technologies at a technical maturity level equivalent to 
     Department of Defense basic and applied research programs.
       ``(4) The Director shall coordinate the program with the 
     international cooperation and analysis activities of the 
     military departments and Defense Agencies.
       ``(5) Information in electronic databases of the Global 
     Research Watch program shall be maintained in unclassified 
     form and, as determined necessary by the Director, in 
     classified form in such databases.''.

     SEC. 232. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY BIENNIAL 
                   STRATEGIC PLAN.

       (a) Requirement for Plan.--(1) Subchapter II of chapter 8 
     of title 10, United States Code, is amended by inserting 
     after section 201 the following new section:

     ``Sec. 202. Defense Advanced Research Projects Agency: 
       biennial strategic plan

       ``(a) Requirement for Strategic Plan.--(1) Every other 
     year, and in time for submission to Congress under subsection 
     (b), the Director of the Defense Advanced Research Projects 
     Agency shall prepare a strategic plan for the activities of 
     the agency.
       ``(2) The strategic plan shall include the following 
     matters:
       ``(A) The long-term strategic goals of the agency.
       ``(B) Identification of the research programs that 
     support--
       ``(i) achievement of the strategic goals; and
       ``(ii) exploitation of opportunities that hold the 
     potential for yielding significant military benefits.
       ``(C) The connection of agency activities and programs to 
     activities and missions of the armed forces.
       ``(D) A technology transition strategy for agency programs.
       ``(E) An assessment of agency policies on the management, 
     organization, and personnel of the agency.
       ``(b) Submission of Plan to Congress.--The Secretary of 
     Defense shall submit the latest biennial strategic plan of 
     the Defense Advanced Research Projects Agency to Congress at 
     the same time that the President submits the budget for an 
     even-numbered year to Congress under section 1105(a) of title 
     31.
       ``(c) Review Panel.--(1) The Secretary of Defense shall 
     establish a panel to advise the Director of the Defense 
     Research Projects Agency on the preparation, content, and 
     execution of the biennial strategic plan.
       ``(2) The panel shall be composed of members appointed by 
     the Secretary of Defense from among persons who are 
     experienced and knowledgeable in research activities of 
     potential military value, as follows:
       ``(A) The principal staff assistant to the Director of the 
     Defense Advanced Research Projects Agency, who shall serve as 
     chairman of the panel.
       ``(B) Three senior officers of the armed forces.
       ``(C) Three persons who are representative of--
       ``(i) private industry;
       ``(ii) academia; and
       ``(iii) federally funded research and development centers 
     or similar nongovernmental organizations.
       ``(3) The members appointed under subparagraphs (B) and (C) 
     of paragraph (2) shall be appointed for a term of two years. 
     The members may be reappointed, except that every two years 
     the Secretary of Defense shall appoint a replacement for at 
     least one of the members appointed under such subparagraph 
     (B) and a replacement for at least one of the members 
     appointed under such subparagraph (C). Any vacancy in the 
     membership of the panel shall be filled in the same manner as 
     the original appointment.
       ``(4) The panel shall meet at the call of the Chairman.
       ``(5) The panel shall provide the Director of the Defense 
     Advanced Research Projects Agency with the following support:
       ``(A) Objective advice on--
       ``(i) the strategic plan; and
       ``(ii) the appropriate mix of agency supported research 
     activities in technologies, including system-level 
     technologies, to address new and evolving national security 
     requirements and interests, and to fulfill the technology 
     development mission of the agency.
       ``(B) An assessment of the extent to which the agency is 
     successful in--
       ``(i) supporting missions of the armed forces; and
       ``(ii) achieving the transition of technologies into 
     acquisition programs of the military departments.
       ``(C) An assessment of agency policies on the management, 
     organization, and personnel of the agency, together with 
     recommended modifications of such policies that could improve 
     the mission performance of the agency.
       ``(D) Final approval of the biennial strategic plan.
       ``(6) Members of the panel who are not officers or 
     employees of the United States shall serve without pay by 
     reason of their work on the panel, and their services as 
     members may be accepted without regard to section 1342 of 
     title 31. However, such members shall be allowed travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5 while away from their homes or regular 
     places of business in the performance of services for the 
     panel.
       ``(7) The Federal Advisory Committee Act (5 U.S.C. App.) 
     shall not apply to the panel.''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by inserting after the item relating to 
     section 201 the following new item:

``202. Defense Advanced Research Projects Agency: biennial strategic 
              plan.''.

       (b) Initial Appointments to Review Panel.--The Secretary of 
     Defense shall appoint the panel under subsection (c) of 
     section 202 of title 10, United States Code (as added by 
     subsection (a)), not later than 60 days after the date of the 
     enactment of this Act.

     SEC. 233. ENHANCEMENT OF AUTHORITY OF SECRETARY OF DEFENSE TO 
                   SUPPORT SCIENCE, MATHEMATICS, ENGINEERING, AND 
                   TECHNOLOGY EDUCATION.

       Section 2192 of title 10, United States Code, is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b)(1) In furtherance of the authority of the Secretary 
     of Defense under this chapter or any other provision of law 
     to support educational programs in science, mathematics, 
     engineering, and technology, the Secretary of Defense may--
       ``(A) enter into contracts and cooperative agreements with 
     eligible persons;
       ``(B) make grants of financial assistance to eligible 
     persons;
       ``(C) provide cash awards and other items to eligible 
     persons; and
       ``(D) accept voluntary services from eligible persons.
       ``(2) In this subsection:
       ``(A) The term `eligible person' includes a department or 
     agency of the Federal Government, a State, a political 
     subdivision of a State, an individual, and a not-for-profit 
     or other organization in the private sector.
       ``(B) The term `State' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, Guam, the United States Virgin Islands, the 
     Commonwealth of the Northern Mariana Islands, American Samoa, 
     and any other territory or possession of the United 
     States.''.

     SEC. 234. DEPARTMENT OF DEFENSE HIGH-SPEED NETWORK-CENTRIC 
                   AND BANDWIDTH EXPANSION PROGRAM.

       (a) In General.--The Secretary of Defense shall carry out a 
     program of research and development to promote greater 
     bandwidth capability

[[Page 13613]]

     with high-speed network-centric communications.
       (b) Purposes of Activities.--The purposes of activities 
     required by subsection (a) are as follows:
       (1) To facilitate the acceleration of the network-centric 
     operational capabilities of the Armed Forces, including more 
     extensive utilization of unmanned vehicles, satellite 
     communications, and sensors, through the promotion of 
     research and development, and the focused coordination of 
     programs, to fully achieve high-bandwidth connectivity to 
     military assets.
       (2) To provide for the development of equipment and 
     technologies for military high-bandwidth network-centric 
     communications facilities.
       (c) Research and Development Program.--(1) In carrying out 
     the program of research and development required by 
     subsection (a)(1), the Secretary shall--
       (A) identify areas of advanced wireless communications in 
     which research and development, or the leveraging of emerging 
     technologies, has significant potential to improve the 
     performance, efficiency, cost, and flexibility of advanced 
     network-centric communications systems;
       (B) develop a coordinated plan for research and development 
     on--
       (i) improved spectrum access through spectrum-efficient 
     network-centric communications systems;
       (ii) networks, including complex ad hoc adaptive network 
     structures;
       (iii) end user devices, including efficient receivers and 
     transmitter devices;
       (iv) applications, including robust security and 
     encryption; and
       (v) any other matters that the Secretary considers 
     appropriate for purposes of this section;
       (C) ensure joint research and development, and promote 
     joint systems acquisition and deployment, among the various 
     services and Defense Agencies, including the development of 
     common cross-service technology requirements and doctrines, 
     so as to enhance interoperability among the various services 
     and Defense Agencies;
       (D) conduct joint experimentation among the various Armed 
     Forces, and coordinate with the Joint Forces Command, on 
     experimentation to support network-centric warfare 
     capabilities to small units of the Armed Forces; and
       (E) develop, to the extent practicable and in consultation 
     with other Federal entities and private industry, cooperative 
     research and development efforts.
       (2) The Secretary shall carry out the program of research 
     and development through the Director of Defense Research and 
     Engineering, in full coordination with the Secretaries of the 
     military departments, the heads of appropriate Defense 
     Agencies, and the heads of other appropriate elements of the 
     Department of Defense.
       (d) Report.--(1) The Secretary shall, acting through the 
     Director of Defense Research and Engineering, submit to the 
     congressional defense committees a report on the activities 
     undertaken under this section as of the date of such report. 
     The report shall be submitted together with the budget 
     justification materials submitted to Congress in support of 
     the Department of Defense budget for fiscal year 2005 (as 
     submitted with the budget of the President under section 
     1105(a) of title 31, United States Code).
       (2) The report under paragraph (1) shall include--
       (A) a description of the research and development 
     activities carried out under subsection (a), including 
     particular activities under subsection (c)(1)(B);
       (B) an assessment of current and proposed funding for the 
     activities set forth in each of clauses (i) through (v) of 
     subsection (c)(1)(B), including the adequacy of such funding 
     to support such activities;
       (C) an assessment of the extent and success of any joint 
     research and development activities under subsection 
     (c)(1)(C);
       (D) a description of any joint experimentation activities 
     under subsection (c)(1)(D);
       (E) an assessment of the effects of limited communications 
     bandwidth, and of limited access to electromagnetic spectrum, 
     on recent military operations; and
       (F) such recommendations for additional activities under 
     this section as the Secretary considers appropriate to meet 
     the purposes of this section.

     SEC. 235. DEPARTMENT OF DEFENSE STRATEGY FOR MANAGEMENT OF 
                   ELECTROMAGNETIC SPECTRUM.

       (a) In General.--The Secretary of Defense shall--
       (1) in accordance with subsection (b), develop a strategy 
     for the Department of Defense for the management of the 
     electromagnetic spectrum to improve spectrum access and high-
     bandwidth connectivity to military assets; and
       (2) in accordance with subsection (c), communicate with 
     civilian departments and agencies of the Federal Government 
     in the development of the strategy identified in paragraph 
     (1).
       (b) Strategy for Department of Defense Spectrum 
     Management.--(1) Not later than September 1, 2004, the Board 
     shall develop a strategy for the Department of Defense for 
     the management of the electromagnetic spectrum in order to 
     ensure the development and use of spectrum-efficient 
     technologies to facilitate the availability of adequate 
     spectrum for network-centric warfare. The strategy shall 
     include specific timelines, metrics, plans for 
     implementation, including the implementation of technologies 
     for the efficient use of spectrum, and proposals for program 
     funding.
       (2) In developing the strategy, the Board shall consider 
     and take into account the research and development program 
     carried out under section 234.
       (3) The Board shall assist in updating the strategy 
     developed under paragraph (1) on a biennial basis to address 
     changes in circumstances.
       (4) The Board shall communicate with other departments and 
     agencies of the Federal Government in the development of the 
     strategy described in subsection (a)(1), including 
     representatives of the military departments, the Federal 
     Communications Commission, the National Telecommunications 
     and Information Administration, the Department of Homeland 
     Security, the Federal Aviation Administration, and other 
     appropriate departments and agencies of the Federal 
     Government.
       (c) Board Defined.--In this section, the term ``Board'' 
     means the board of senior acquisition officials as defined in 
     section 822.

     SEC. 236. AMOUNT FOR COLLABORATIVE INFORMATION WARFARE 
                   NETWORK.

       (a) Availability of Funds.--(1) Of the amount authorized to 
     be appropriated by section 201(2), for research and 
     development, Navy, $8,000,000 may be available for the 
     Collaborative Information Warfare Network.
       (2) The total amount authorized to be appropriated under 
     section 201(2) is hereby increased by $8,000,000.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 301(4) for operation and maintenance, Air Force, the 
     amount is hereby reduced by $8,000,000.

     SEC. 237. COPRODUCTION OF ARROW BALLISTIC MISSILE DEFENSE 
                   SYSTEM.

       Of the total amount authorized to be appropriated under 
     section 201 for ballistic missile defense, $115,000,000 may 
     be available for coproduction of the Arrow ballistic missile 
     defense system.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     expenses, not otherwise provided for, for operation and 
     maintenance, in amounts as follows:
       (1) For the Army, $24,668,004,000.
       (2) For the Navy, $28,051,390,000.
       (3) For the Marine Corps, $3,416,356,000.
       (4) For the Air Force, $26,975,231,000.
       (5) For Defense-wide activities, $15,739,047,000.
       (6) For the Army Reserve, $1,952,009,000.
       (7) For the Naval Reserve, $1,170,421,000.
       (8) For the Marine Corps Reserve, $173,452,000.
       (9) For the Air Force Reserve, $2,178,688,000.
       (10) For the Army National Guard, $4,227,331,000.
       (11) For the Air National Guard, $4,405,646,000.
       (12) For the Defense Inspector General, $160,049,000.
       (13) For the United States Court of Appeals for the Armed 
     Forces, $10,333,000.
       (14) For Environmental Restoration, Army, $396,018,000.
       (15) For Environmental Restoration, Navy, $256,153,000.
       (16) For Environmental Restoration, Air Force, 
     $384,307,000.
       (17) For Environmental Restoration, Defense-wide, 
     $24,081,000.
       (18) For Environmental Restoration, Formerly Used Defense 
     Sites, $252,619,000.
       (19) For Overseas Humanitarian, Disaster, and Civic Aid 
     programs, $59,000,000.
       (20) For Drug Interdiction and Counter-drug Activities, 
     Defense-wide, $817,371,000.
       (21) For Defense Health Program, $14,862,900,000.
       (22) For Cooperative Threat Reduction programs, 
     $450,800,000.

     SEC. 302. WORKING CAPITAL FUNDS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     providing capital for working capital and revolving funds in 
     amounts as follows:
       (1) For the Defense Working Capital Funds, $1,661,307,000.
       (2) For the National Defense Sealift Fund, $1,062,762,000.

     SEC. 303. ARMED FORCES RETIREMENT HOME.

       There is hereby authorized to be appropriated for fiscal 
     year 2004 from the Armed Forces Retirement Home Trust Fund 
     the sum of $65,279,000 for the operation of the Armed Forces 
     Retirement Home, including the Armed Forces Retirement Home--
     Washington and the Armed Forces Retirement Home--Gulfport.

    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 311. EMERGENCY AND MORALE COMMUNICATIONS PROGRAMS.

       (a) Armed Forces Emergency Services.--Of the amount 
     authorized to be appropriated by section 301(5) for operation 
     and maintenance for Defense-wide activities, $5,000,000 shall 
     be made available to the American Red Cross to fund the Armed 
     Forces Emergency Services.
       (b) Department of Defense Morale Telecommunications 
     Program.--(1) As soon as possible after the date of enactment 
     of this Act, the Secretary of Defense shall establish and 
     carry out a program to provide, wherever practicable,

[[Page 13614]]

     prepaid phone cards, or an equivalent telecommunications 
     benefit which includes access to telephone service, to 
     members of the Armed Forces stationed outside the United 
     States who are directly supporting military operations in 
     Iraq or Afghanistan (as determined by the Secretary) to 
     enable them to make telephone calls to family and friends in 
     the United States without cost to the member.
       (2) The value of the benefit provided by paragraph (1) 
     shall not exceed $40 per month per person.
       (3) The program established by paragraph (1) shall 
     terminate on September 30, 2004.
       (4) In carrying out the program under this subsection, the 
     Secretary shall maximize the use of existing Department of 
     Defense telecommunications programs and capabilities, private 
     entities free or reduced-cost services, and programs to 
     enhance morale and welfare. In addition, and notwithstanding 
     any limitation on the expenditure or obligation of 
     appropriated amounts, the Secretary may use available funds 
     appropriated to or for the use of the Department of Defense 
     that are not otherwise obligated or expended to carry out the 
     program.
       (5) The Secretary may accept gifts and donations in order 
     to defray the costs of the program. Such gifts and donations 
     may be accepted from foreign governments; foundations or 
     other charitable organizations, including those organized or 
     operating under the laws of a foreign country; and any source 
     in the private sector of the United States or a foreign 
     country.
       (6) The Secretary shall work with telecommunications 
     providers to facilitate the deployment of additional 
     telephones for use in calling the United States under the 
     program as quickly as practicable, consistent with the timely 
     provision of telecommunications benefits of the program, the 
     Secretary should carry out this subsection in a manner that 
     allows for competition in the provision of such benefits.
       (7) The Secretary shall not take any action under this 
     subsection that would compromise the military objectives or 
     mission of the Department of Defense.

     SEC. 312. COMMERCIAL IMAGERY INDUSTRIAL BASE.

       (a) Limitation.--Not less than ninety percent of the total 
     amount authorized to be appropriated under this title for the 
     acquisition, processing, and licensing of commercial imagery, 
     including amounts authorized to be appropriated under this 
     title for experimentation related to commercial imagery, 
     shall be used for the following purposes:
       (1) To acquire space-based imagery from commercial sources.
       (2) To support the development of next-generation 
     commercial imagery satellites.
       (b) Report.--(1) Not later than March 1, 2004, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the actions taken and to be taken by the Secretary 
     to implement the President's commercial remote sensing 
     policy. The Secretary shall consult with the Director of 
     Central Intelligence in preparing the report.
       (2) The report under paragraph (1) shall include an 
     assessment of the following matters:
       (A) The sufficiency of the policy, the funding for fiscal 
     year 2004 for the procurement of imagery from commercial 
     sources, and the funding planned in the future-years defense 
     program for the procurement of imagery from commercial 
     sources to sustain a viable commercial imagery industrial 
     base in the United States.
       (B) The extent to which the United States policy and 
     programs relating to the procurement of imagery from 
     commercial sources are sufficient to ensure that imagery is 
     available to the Department of Defense from United States 
     commercial firms to timely meet the needs of the Department 
     of Defense for the imagery.

     SEC. 313. INFORMATION OPERATIONS SUSTAINMENT FOR LAND FORCES 
                   READINESS OF ARMY RESERVE.

       (a) Increase in Authorization of Appropriations for Army 
     Reserve.--The amount authorized to be appropriated by section 
     301(6) for operation and maintenance for the Army Reserve is 
     hereby increased by $3,000,000.
       (b) Availability for Information Operations Sustainment.--
     (1) Of the amount authorized to be appropriated by section 
     301(6) for operation and maintenance for the Army Reserve, as 
     increased by subsection (a), $3,000,000 may be available for 
     Information Operations (Account #19640) for Land Forces 
     Readiness-Information Operations Sustainment.
       (2) The amount available under paragraph (1) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts available under this Act for that purpose.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(4) for operation and maintenance for the Air 
     Force is hereby reduced by $3,000,000.

     SEC. 314. SUBMITTAL OF SURVEY ON PERCHLORATE CONTAMINATION AT 
                   DEPARTMENT OF DEFENSE SITES.

       (a) Submittal of Perchlorate Survey.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress the 2001 survey to identify the 
     potential for perchlorate contamination at all active and 
     closed Department of Defense sites that was prepared by the 
     United States Air Force Research Laboratory, Aerospace 
     Expeditionary Force Technologies Division, Tyndall Air Force 
     Base and Applied Research Associates.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Environment and Public Works of the 
     Senate; and
       (2) the Committee on Energy and Commerce of the House of 
     Representatives.

                  Subtitle C--Environmental Provisions

     SEC. 321. GENERAL DEFINITIONS APPLICABLE TO FACILITIES AND 
                   OPERATIONS.

       (a) General Definitions Applicable to Facilities and 
     Operations.--Section 101 of title 10, United States Code, is 
     amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Facilities and Operations.--The following definitions 
     relating to facilities and operations shall apply in this 
     title:
       ``(1)(A) The term `military munitions' means all ammunition 
     products and components produced for or used by the armed 
     forces for national defense and security, including 
     ammunition products or components under the control of the 
     Department of Defense, the Coast Guard, the Department of 
     Energy, and the National Guard. The term includes confined 
     gaseous, liquid, and solid propellants, explosives, 
     pyrotechnics, chemical and riot control agents, smokes, and 
     incendiaries, including bulk explosives and chemical warfare 
     agents, chemical munitions, rockets, guided and ballistic 
     missiles, bombs, warheads, mortar rounds, artillery 
     ammunition, small arms ammunition, grenades, mines, 
     torpedoes, depth charges, cluster munitions and dispensers, 
     demolition charges, and devices and components thereof.
       ``(B) The term does not include wholly inert items, 
     improvised explosive devices, and nuclear weapons, nuclear 
     devices, and nuclear components, except that the term does 
     include nonnuclear components of nuclear devices that are 
     managed under the nuclear weapons program of the Department 
     of Energy after all required sanitization operations under 
     the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have 
     been completed.
       ``(2) The term `operational range' means a range under the 
     jurisdiction, custody, or control of the Secretary concerned 
     that--
       ``(A) is used for range activities; or
       ``(B) is not currently used for range activities, but is 
     still considered by the Secretary concerned to be a range and 
     has not been put to a new use that is incompatible with range 
     activities.
       ``(3) The term `range' means a designated land or water 
     area that is set aside, managed, and used for range 
     activities. The term includes firing lines and positions, 
     maneuver areas, firing lanes, test pads, detonation pads, 
     impact areas, electronic scoring sites, and buffer zones with 
     restricted access and exclusionary areas. The term also 
     includes airspace areas designated for military use according 
     to regulations and procedures established by the Federal 
     Aviation Administration such as special use airspace areas, 
     military training routes, and other associated airspace.
       ``(4) The term `range activities' means--
       ``(A) research, development, testing, and evaluation of 
     military munitions, other ordnance, and weapons systems; and
       ``(B) the training of military personnel in the use and 
     handling of military munitions, other ordnance, and weapons 
     systems.
       ``(5) The term `unexploded ordnance' means military 
     munitions that--
       ``(A) have been primed, fused, armed, or otherwise prepared 
     for action;
       ``(B) have been fired, dropped, launched, projected, or 
     placed in such a manner as to constitute a hazard to 
     operations, installations, personnel, or material; and
       ``(C) remain unexploded either by malfunction, design, or 
     any other cause.''.
       (b) Conforming Amendments.--Section 2710(e) of such title 
     is amended by striking paragraphs (3), (5), and (9) and 
     redesignating paragraphs (4), (6), (7), (8), and (10) as 
     paragraphs (3), (4), (5), (6), and (7), respectively.

     SEC. 322. MILITARY READINESS AND CONSERVATION OF PROTECTED 
                   SPECIES.

       (a) In General.--Part III of subtitle A of title 10, United 
     States Code, is amended by inserting after chapter 101 the 
     following new chapter:

            ``CHAPTER 101A--READINESS AND RANGE PRESERVATION

``Sec.
``2020. Military readiness and conservation of protected species.

     ``Sec. 2020. Military readiness and conservation of protected 
       species

       ``(a) Limitation on Designation of Critical Habitat.--The 
     Secretary of the Interior may not designate as critical 
     habitat any lands or other geographical areas owned or 
     controlled by the Department of Defense, or designated for 
     its use, that are subject to an integrated natural resources 
     management plan prepared under section 101 of the Sikes Act 
     (16 U.S.C. 670a), if the Secretary of the Interior determines 
     in writing that--
       ``(1) the management activities identified in the plan will 
     effectively conserve the threatened species and endangered 
     species within the lands or areas covered by the plan; and
       ``(2) the plan provides assurances that adequate funding 
     will be provided for such management activities.
       ``(b) Construction With Consultation Requirement.--Nothing 
     in subsection (a) may be construed to affect the requirement 
     to consult under section 7(a)(2) of the Endangered Species 
     Act (16 U.S.C. 1536(a)(2)) with respect to an agency action 
     (as that term is defined in that section).''.

[[Page 13615]]

       (b) Clerical Amendments.--The table of chapters at the 
     beginning of subtitle A of title 10, United States Code, and 
     at the beginning of part III of such subtitle, are each 
     amended by inserting after the item relating to chapter 101 
     the following new item:

``101A. Readiness and Range Preservation....................2020''.....

     SEC. 323. ARCTIC AND WESTERN PACIFIC ENVIRONMENTAL TECHNOLOGY 
                   COOPERATION PROGRAM.

       (a) In General.--Subchapter II of chapter 138 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2350m. Arctic and Western Pacific Environmental 
       Technology Cooperation Program

       ``(a) Authority To Conduct Program.--The Secretary of 
     Defense may, with the concurrence of the Secretary of State, 
     conduct on a cooperative basis with countries located in the 
     Arctic and Western Pacific regions a program of environmental 
     activities provided for in subsection (b) in such regions. 
     The program shall be known as the `Arctic and Western Pacific 
     Environmental Technology Cooperation Program'.
       ``(b) Program Activities.--(1) Except as provided in 
     paragraph (3), activities under the program under subsection 
     (a) may include cooperation and assistance among elements of 
     the Department of Defense and military departments or 
     relevant agencies of other countries on activities that 
     contribute to the demonstration of environmental technology.
       ``(2) Activities under the program shall be consistent with 
     the requirements of the Cooperative Threat Reduction program.
       ``(3) Activities under the program may not include 
     activities for purposes prohibited under section 1403 of the 
     National Defense Authorization Act for Fiscal Year 1998 
     (Public Law 105-85; 111 Stat. 1960).
       ``(c) Limitation on Funding for Projects Other Than 
     Radiological Projects.--Not more than 10 percent of the 
     amount made available for the program under subsection (a) in 
     any fiscal year may be available for projects under the 
     program other than projects on radiological matters.
       ``(d) Annual Report.--(1) Not later than March 1, 2004, and 
     each year thereafter, the Secretary of Defense shall submit 
     to Congress a report on activities under the program under 
     subsection (a) during the preceding fiscal year.
       ``(2) The report on the program for a fiscal year under 
     paragraph (1) shall include the following:
       ``(A) A description of the activities carried out under the 
     program during that fiscal year, including a separate 
     description of each project under the program.
       ``(B) A statement of the amounts obligated and expended for 
     the program during that fiscal year, set forth in aggregate 
     and by project.
       ``(C) A statement of the life cycle costs of each project, 
     including the life cycle costs of such project as of the end 
     of that fiscal year and an estimate of the total life cycle 
     costs of such project upon completion of such project.
       ``(D) A statement of the participants in the activities 
     carried out under the program during that fiscal year, 
     including the elements of the Department of Defense and the 
     military departments or agencies of other countries.
       ``(E) A description of the contributions of the military 
     departments and agencies of other countries to the activities 
     carried out under the program during that fiscal year, 
     including any financial or other contributions to such 
     activities.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of that subchapter is amended by adding at the end 
     the following new item:

``2350m. Arctic and Western Pacific Environmental Technology 
              Cooperation Program.''.

     SEC. 324. PARTICIPATION IN WETLAND MITIGATION BANKS IN 
                   CONNECTION WITH MILITARY CONSTRUCTION PROJECTS.

       (a) Authority To Participate.--Chapter 159 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2697. Participation in wetland mitigation banks

       ``(a) Authority To Participate.--In the case of a military 
     construction project that results, or may result, in the 
     destruction of or impacts to wetlands, the Secretary 
     concerned may make one or more payments to a wetland 
     mitigation banking program or consolidated user site (also 
     referred to as an `in-lieu-fee' program) meeting the 
     requirement of subsection (b) in lieu of creating a wetland 
     on Federal property as mitigation for the project.
       ``(b) Approval of Program or Site Required.--The Secretary 
     concerned may make a payment to a program or site under 
     subsection (a) only if the program or site is approved in 
     accordance with the Federal Guidance for the Establishment, 
     Use, and Operation of Mitigation Banks or the Federal 
     Guidance on the Use of In-Lieu-Fee Arrangements for 
     Compensatory Mitigation under section 404 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1344) or section 10 of 
     the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 
     403).
       ``(c) Availability of Funds.--Amounts authorized to be 
     appropriated for a military construction project for which a 
     payment is authorized by subsection (a) may be utilized for 
     purposes of making the payment.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2697. Participation in wetland mitigation banks.''.

     SEC. 325. EXTENSION OF AUTHORITY TO USE ENVIRONMENTAL 
                   RESTORATION ACCOUNT FUNDS FOR RELOCATION OF A 
                   CONTAMINATED FACILITY.

       Section 2703(c)(2) of title 10, United States Code, is 
     amended by striking ``September 30, 2003'' and inserting 
     ``September 30, 2006''.

     SEC. 326. APPLICABILITY OF CERTAIN PROCEDURAL AND 
                   ADMINISTRATIVE REQUIREMENTS TO RESTORATION 
                   ADVISORY BOARDS.

       Section 2705(d)(2) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(C)(i) Section 10(a)(2) of the Federal Advisory Committee 
     Act (5 U.S.C. App.), relating to publication in the Federal 
     Register of notices of meetings of advisory committees, shall 
     not apply to any meeting of a restoration advisory board 
     under this subsection, but a restoration advisory board shall 
     publish timely notice of each meeting of the restoration 
     advisory board in a local newspaper of general circulation.
       ``(ii) No limitation under any provision of law or 
     regulations on the total number of advisory committees (as 
     that term is defined in section 3(2) of the Federal Advisory 
     Committee Act) in existence at any one time shall operate to 
     limit the number of restoration advisory boards in existence 
     under this subsection at any one time.''.

     SEC. 327. EXPANSION OF AUTHORITIES ON USE OF VESSELS STRICKEN 
                   FROM THE NAVAL VESSEL REGISTER FOR EXPERIMENTAL 
                   PURPOSES.

       (a) Expansion of Authorities.--Subsection (b) of section 
     7306a of title 10, United States Code, is amended to read as 
     follows:
       ``(b) Stripping and Environmental Remediation of Vessels.--
     (1) Before using a vessel for experimental purposes pursuant 
     to subsection (a), the Secretary shall carry out such 
     stripping of the vessel as is practicable and such 
     environmental remediation of the vessel as is required for 
     the use of the vessel for experimental purposes.
       ``(2) Material and equipment stripped from a vessel under 
     paragraph (1) may be sold by the contractor or by a sales 
     agent approved by the Secretary.
       ``(3) Amounts received as proceeds from the stripping of a 
     vessel pursuant to this subsection shall be credited to funds 
     available for stripping and environmental remediation of 
     other vessels for use for experimental purposes.''.
       (b) Inclusion of Certain Purposes in Use for Experimental 
     Purposes.--That section is further amended by adding at the 
     end the following new subsection:
       ``(c) Use for Experimental Purposes.--For purposes of this 
     section, the term `use for experimental purposes', in the 
     case of a vessel, includes use of the vessel by the Navy in 
     sink exercises and as a target.''.

     SEC. 328. TRANSFER OF VESSELS STRICKEN FROM THE NAVAL VESSEL 
                   REGISTER FOR USE AS ARTIFICIAL REEFS.

       (a) Authority To Make Transfer.--Chapter 633 of title 10, 
     United States Code, is amended by inserting after section 
     7306a the following new section:

     ``Sec. 7306b. Vessels stricken from Naval Vessel Register; 
       transfer by gift or otherwise for use as artificial reefs

       ``(a) Authority To Make Transfer.--Subject to subsection 
     (b), the Secretary of the Navy may transfer, by gift or 
     otherwise, any vessel stricken from the Naval Vessel Register 
     to any State, Commonwealth, or possession of the United 
     States or any municipal corporation or political subdivision 
     thereof.
       ``(b) Inapplicability to Certain Vessels.--The authority in 
     subsection (a) shall not apply to vessels transferable to the 
     Maritime Administration for disposal under section 548 of 
     title 40.
       ``(c) Vessel To Be Used as Artificial Reef.--An agreement 
     for the transfer of a vessel under subsection (a) shall 
     require that--
       ``(1) the recipient use, site, construct, monitor, and 
     manage the vessel only as an artificial reef in accordance 
     with the requirements of the National Fishing Enhancement Act 
     of 1984 (title II of Public Law 98-623; 33 U.S.C. 2101 et 
     seq.), except that the recipient may use the artificial reef 
     to enhance diving opportunities if such use does not have an 
     adverse effect on fishery resources (as that term is defined 
     in section 2(14) of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1802(14)); and
       ``(2) the recipient obtain, and bear all responsibility for 
     complying with, applicable Federal, State, interstate, and 
     local permits for using, siting, constructing, monitoring, 
     and managing the vessel as an artificial reef.
       ``(d) Preparation of Vessel for Use as Artificial Reef.--
     The Secretary shall ensure that the preparation of a vessel 
     transferred under subsection (a) for use as an artificial 
     reef is conducted in accordance with--
       ``(1) the environmental best management practices developed 
     pursuant to section 3504(b) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     16 U.S.C. 1220 note); and
       ``(2) any applicable environmental laws.
       ``(e) Cost Sharing.--The Secretary may share with the 
     recipient of a vessel transferred under subsection (a) any 
     costs associated with transferring the vessel under that 
     subsection, including costs of the preparation of the vessel 
     under subsection (d).
       ``(f) No Limitation on Number of Vessels Transferable to 
     Particular Recipient.--A State, Commonwealth, or possession 
     of the United States, or any municipal corporation or

[[Page 13616]]

     political subdivision thereof, may be the recipient of more 
     than one vessel transferred under subsection (a).
       ``(g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with a transfer authorized by subsection (a) as the Secretary 
     considers appropriate.
       ``(h) Construction.--Nothing in this section shall be 
     construed to establish a preference for the use as artificial 
     reefs of vessels stricken from the Naval Vessel Register in 
     lieu of other authorized uses of such vessels, including the 
     domestic scrapping of such vessels, or other disposals of 
     such vessels, under this chapter or other applicable 
     authority.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 7306a the following new item:

``7306b. Vessels stricken from Naval Vessel Register; transfer by gift 
              or otherwise for use as artificial reefs.''.

     SEC. 329. SALVAGE FACILITIES.

       (a) Facilities To Include Environmental Protection 
     Equipment.--Section 7361(a) of title 10, United States Code, 
     is amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2) For purposes of this section, salvage facilities 
     shall include equipment and gear utilized to prevent, abate, 
     or minimize damage to the environment arising from salvage 
     activities.''.
       (b) Claims To Include Compensation for Environmental 
     Protection.--Section 7363 of such title is amended--
       (1) by inserting ``(a) Authority To Settle Claims.--'' 
     before ``The Secretary''; and
       (2) by adding at the end the following new subsection:
       ``(b) Environmental Protection Services.--A claim for 
     salvage services covered by subsection (a) may include, in 
     addition to a claim for such salvage services, a claim for 
     compensation for services to prevent, abate, or minimize 
     damage to the environment arising from such salvage 
     services.''.

     SEC. 330. TASK FORCE ON RESOLUTION OF CONFLICT BETWEEN 
                   MILITARY TRAINING AND ENDANGERED SPECIES 
                   PROTECTION AT BARRY M. GOLDWATER RANGE, 
                   ARIZONA.

       (a) Purpose.--The purpose of this section is to facilitate 
     the determination of effective means of resolving the current 
     conflict between the dual objectives at Barry M. Goldwater 
     Range, Arizona, of the full utilization of live ordnance 
     delivery areas for military training and the protection of 
     endangered species.
       (b) Task Force.--The Secretary of Defense shall establish a 
     task force to determine and assess various means of enabling 
     full use of the live ordnance delivery areas at Barry M. 
     Goldwater Range while also protecting endangered species that 
     are present at Barry M. Goldwater Range.
       (c) Composition.--(1) The task force established under 
     subsection (b) shall be composed of the following:
       (A) The Air Force range officer, who shall serve as chair 
     of the task force.
       (B) The range officer at Barry M. Goldwater Range.
       (C) The commander of Luke Air Force Base, Arizona.
       (D) The commander of Marine Corps Air Station, Yuma, 
     Arizona.
       (E) The Director of the United States Fish and Wildlife 
     Service.
       (F) The manager of the Cabeza Prieta National Wildlife 
     Refuge, Arizona.
       (G) A representative of the Department of Game and Fish of 
     the State of Arizona, as selected by the Secretary in 
     consultation with the Governor of the State of Arizona.
       (H) A representative of a wildlife interest group in the 
     State of Arizona, as selected by the Secretary in 
     consultation with wildlife interest groups in the State of 
     Arizona.
       (I) A representative of an environmental interest group 
     (other than a wildlife interest group) in the State of 
     Arizona, as selected by the Secretary in consultation with 
     environmental interest groups in the State of Arizona.
       (2) The chair of the task force may secure for the task 
     force the services of such experts with respect to the duties 
     of the task force under subsection (d) as the chair considers 
     advisable to carry out such duties.
       (d) Duties.--The task force established under subsection 
     (b) shall--
       (1) assess the effects of the presence of endangered 
     species on military training activities in the live ordnance 
     delivery areas at Barry M. Goldwater Range and in any other 
     areas of the range that are adversely effected by the 
     presence of endangered species;
       (2) determine various means of addressing any significant 
     adverse effects on military training activities on Barry M. 
     Goldwater Range that are identified pursuant to paragraph 
     (1); and
       (3) determine the benefits and costs associated with the 
     implementation of each means identified under paragraph (2).
       (e) Report.--Not later than February 28, 2005, the task 
     force under subsection (b) shall submit to Congress a report 
     on its activities under this section. The report shall 
     include--
       (1) a description of the assessments and determinations 
     made under subsection (d);
       (2) such recommendations for legislative and administrative 
     action as the task force considers appropriate; and
       (3) an evaluation of the utility of task force proceedings 
     as a means of resolving conflicts between military training 
     objectives and protection of endangered species at other 
     military training and testing ranges.

     SEC. 331. PUBLIC HEALTH ASSESSMENT OF EXPOSURE TO 
                   PERCHLORATE.

       (a) Epidemiological Study of Exposure to Perchlorate.--
       (1) In general.--The Secretary of Defense shall provide for 
     an independent epidemiological study of exposure to 
     perchlorate in drinking water.
       (2) Performance of study.--The Secretary shall provide for 
     the performance of the study under this subsection through 
     the Centers for Disease Control, the National Institutes of 
     Health, or another Federal entity with experience in 
     environmental toxicology selected by the Secretary for 
     purposes of the study.
       (3) Matters to be included in study.--In providing for the 
     study under this subsection, the Secretary shall require the 
     Federal entity conducting the study--
       (A) to assess the incidence of thyroid disease and 
     measurable effects of thyroid function in relation to 
     exposure to perchlorate;
       (B) to ensure that the study is of sufficient scope and 
     scale to permit the making of meaningful conclusions of the 
     measurable public health threat associated with exposure to 
     perchlorate, especially the threat to sensitive 
     subpopulations; and
       (C) to study thyroid function, including measurements of 
     urinary iodine and thyroid hormone levels, in a sufficient 
     number of pregnant women, neonates, and infants exposed to 
     perchlorate in drinking water and match measurements of 
     perchlorate levels in the drinking water of each study 
     participant in order to permit the development of meaningful 
     conclusions on the public health threat to individuals 
     exposed to perchlorate.
       (4) Report on study.--The Secretary shall require the 
     Federal entity conducting the study under this subsection to 
     submit to the Secretary a report on the study not later than 
     June 1, 2005.
       (b) Review of Effects of Perchlorate on Endocrine System.--
       (1) In general.--The Secretary shall provide for an 
     independent review of the effects of perchlorate on the human 
     endocrine system.
       (2) Performance of review.--The Secretary shall provide for 
     the performance of the review under this subsection through 
     the Centers for Disease Control, the National Institutes of 
     Health, or another appropriate Federal research entity with 
     experience in human endocrinology selected by the Secretary 
     for purposes of the review. The Secretary shall ensure that 
     the panel conducting the review is composed of individuals 
     with expertise in human endocrinology.
       (3) Matters to be included in review.--In providing for the 
     review under this subsection, the Secretary shall require the 
     Federal entity conducting the review to assess--
       (A) available data on human exposure to perchlorate, 
     including clinical data and data on exposure of sensitive 
     subpopulations, and the levels at which health effects were 
     observed; and
       (B) available data on other substances that have endocrine 
     effects similar to perchlorate to which the public is 
     frequently exposed.
       (4) Report on review.--The Secretary shall require the 
     Federal entity conducting the review under this subsection to 
     submit to the Secretary a report on the review not later than 
     June 1, 2005.

                 Subtitle D--Reimbursement Authorities

     SEC. 341. REIMBURSEMENT OF RESERVE COMPONENT MILITARY 
                   PERSONNEL ACCOUNTS FOR PERSONNEL COSTS OF 
                   SPECIAL OPERATIONS RESERVE COMPONENT PERSONNEL 
                   ENGAGED IN LANDMINES CLEARANCE.

       (a) Reimbursement.--Funds authorized to be appropriated 
     under section 301 for Overseas Humanitarian, Disaster, and 
     Civic Aid programs shall be available for transfer to reserve 
     component military personnel accounts in reimbursement of 
     such accounts for the pay and allowances paid to reserve 
     component personnel under the United States Special 
     Operations Command for duty performed by such personnel in 
     connection with training and other activities relating to the 
     clearing of landmines for humanitarian purposes.
       (b) Maximum Amount.--Not more than $5,000,000 may be 
     transferred under subsection (a).
       (c) Merger of Transferred Funds.--Funds transferred to an 
     account under this section shall be merged with other sums in 
     the account and shall be available for the same period and 
     purposes as the sums with which merged.
       (d) Relationship to Other Transfer Authority.--The transfer 
     authority under this section is in addition to the transfer 
     authority provided under section 1001.

     SEC. 342. REIMBURSEMENT OF RESERVE COMPONENT ACCOUNTS FOR 
                   COSTS OF INTELLIGENCE ACTIVITIES SUPPORT 
                   PROVIDED BY RESERVE COMPONENT PERSONNEL.

       (a) In General.--Chapter 1805 of title 10, United States 
     Code, is amended by inserting after section 18502 the 
     following new section:

     ``Sec. 18503. Reserve components: reimbursement for costs of 
       intelligence support provided by reserve component 
       personnel

       ``(a) Reimbursement Requirement.--The Secretary of Defense 
     or the Secretary concerned shall transfer to the appropriate 
     reserve component military personnel account or operation and 
     maintenance account the amount necessary to reimburse such 
     account for the costs charged that account for military pay 
     and allowances or operation and maintenance associated with 
     the

[[Page 13617]]

     performance of duty described in subsection (b) by reserve 
     component personnel.
       ``(b) Reimbursable Costs.--The transfer requirement under 
     subsection (a) applies with respect to the performance of 
     duty in providing intelligence support, counterintelligence 
     support, or intelligence and counterintelligence support to a 
     combatant command, Defense Agency, or joint intelligence 
     activity, including any activity or program within the 
     National Foreign Intelligence Program, the Joint Military 
     Intelligence Program, or the Tactical Intelligence and 
     Related Activities Program.
       ``(c) Sources of Reimbursements.--Funds available for 
     operation and maintenance for the Army, Navy, Air Force, or 
     Marine Corps, for a combatant command, or for a Defense 
     Agency shall be available for transfer under this section to 
     military personnel accounts and operation and maintenance 
     accounts of the reserve components.
       ``(d) Distribution to Units.--Amounts reimbursed to an 
     account for duty performed by reserve component personnel 
     shall be distributed to the lowest level unit or other 
     organization of such personnel that administers and is 
     accountable for the appropriated funds charged the costs that 
     are being reimbursed.
       ``(e) Merger of Transferred Funds.--Funds transferred to an 
     account under this section shall be merged with other sums in 
     the account and shall be available for the same period and 
     purposes as the sums with which merged.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended inserting after the item 
     relating to section 18502 the following new item:

``18503. Reserve components: reimbursement for costs of intelligence 
              support provided by reserve component personnel.''.

     SEC. 343. REIMBURSEMENT RATE FOR SERVICES PROVIDED TO THE 
                   DEPARTMENT OF STATE.

       (a) Authority.--Subsection (a) of section 2642 of title 10, 
     United States Code, is amended--
       (1) by striking ``(a) Authority'' and all that follows 
     through ``the Department of Defense'' and inserting the 
     following:
       ``(a) Authority.--The Secretary of Defense may authorize 
     the use of the Department of Defense reimbursement rate for 
     military airlift services provided by a component of the 
     Department of Defense as follows:
       ``(1) Military airlift services provided''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Military airlift services provided to the Department 
     of State for the transportation of armored motor vehicles to 
     a foreign country to meet unfulfilled requirements of the 
     Department of State for armored motor vehicles in such 
     foreign country.''.
       (b) Conforming and Clerical Amendments.--(1) The heading 
     for such section is amended to read as follows:

     ``Sec. 2642. Reimbursement rate for airlift services provided 
       to Central Intelligence Agency or Department of State''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 157 of such title is 
     amended to read as follows:

``2642. Reimbursement rate for airlift services provided to Central 
              Intelligence Agency or Department of State.''.

       (c) Costs of Goods and Services Provided to Department of 
     State.--For any fee charged to the Department of Defense by 
     the Department of State during any year for the maintenance, 
     upgrade, or construction of United States diplomatic 
     facilities, the Secretary of Defense may remit to the 
     Department of State only that portion, if any, of the total 
     amount of the fee charged for such year that exceeds the 
     total amount of the costs incurred by the Department of 
     Defense for providing goods and services to the Department of 
     State during such year.

                Subtitle E--Defense Dependents Education

     SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT 
                   BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED 
                   FORCES AND DEPARTMENT OF DEFENSE CIVILIAN 
                   EMPLOYEES.

       (a) Continuation of Department of Defense Program for 
     Fiscal Year 2004.--Of the amount authorized to be 
     appropriated pursuant to section 301(5) for operation and 
     maintenance for Defense-wide activities, $30,000,000 shall be 
     available only for the purpose of providing educational 
     agencies assistance to local educational agencies.
       (b) Notification.--Not later than June 30, 2004, the 
     Secretary of Defense shall notify each local educational 
     agency that is eligible for educational agencies assistance 
     for fiscal year 2004 of--
       (1) that agency's eligibility for the assistance; and
       (2) the amount of the assistance for which that agency is 
     eligible.
       (c) Disbursement of Funds.--The Secretary of Defense shall 
     disburse funds made available under subsection (a) not later 
     than 30 days after the date on which notification to the 
     eligible local educational agencies is provided pursuant to 
     subsection (b).
       (d) Availability of Funds for Local Educational Agencies 
     Affected by the Brooks Air Force Base Demonstration 
     Project.--(1) Up to $500,000 of the funds made available 
     under subsection (a) may (notwithstanding the limitation in 
     such subsection) also be used for making basic support 
     payments for fiscal year 2004 to a local educational agency 
     that received a basic support payment for fiscal year 2003, 
     but whose payment for fiscal year 2004 would be reduced 
     because of the conversion of Federal property to non-Federal 
     ownership under the Department of Defense infrastructure 
     demonstration project at Brooks Air Force Base, Texas, and 
     the amounts of such basic support payments for fiscal year 
     2004 shall be computed as if the converted property were 
     Federal property for purposes of receiving the basic support 
     payments for the period in which the demonstration project is 
     ongoing, as documented by the local educational agency to the 
     satisfaction of the Secretary.
       (2) If funds are used as authorized under paragraph (1), 
     the Secretary shall reduce the amount of any basic support 
     payment for fiscal year 2004 for a local educational agency 
     described in paragraph (1) by the amount of any revenue that 
     the agency received during fiscal year 2002 from the Brooks 
     Development Authority as a result of the demonstration 
     project described in paragraph (1).
       (e) Definitions.--In this section:
       (1) The term ``educational agencies assistance'' means 
     assistance authorized under section 386(b) of the National 
     Defense Authorization Act for Fiscal Year 1993 (Public Law 
     102-484; 20 U.S.C. 7703 note).
       (2) The term ``local educational agency'' has the meaning 
     given that term in section 8013(9) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
       (3) The term ``basic support payment'' means a payment 
     authorized under section 8003(b(1)) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).

     SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

       Of the amount authorized to be appropriated pursuant to 
     section 301(5) for operation and maintenance for Defense-wide 
     activities, $5,000,000 shall be available for payments under 
     section 363 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).

                       Subtitle F--Other Matters

     SEC. 361. SALE OF DEFENSE INFORMATION SYSTEMS AGENCY SERVICES 
                   TO CONTRACTORS PERFORMING THE NAVY-MARINE CORPS 
                   INTRANET CONTRACT.

       (a) Authority.--The Secretary of Defense may sell working-
     capital funded services of the Defense Information Systems 
     Agency to a person outside the Department of Defense for use 
     by that person in the performance of the Navy-Marine Corps 
     Intranet contract.
       (b) Reimbursement.--The Secretary shall require 
     reimbursement of each working-capital fund for the costs of 
     services sold under subsection (a) that were paid for out of 
     such fund. The sources of the reimbursement shall be the 
     appropriation or appropriations funding the Navy-Marine Corps 
     Intranet contract or any cash payments received by the 
     Secretary for the services.
       (c) Navy-Marine Corps Intranet Contract Defined.--In this 
     section, the term ``Navy-Marine Corps Intranet contract'' has 
     the meaning given such term in section 814 of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398 (114 Stat. 
     1654A-217)).

     SEC. 362. USE OF THE DEFENSE MODERNIZATION ACCOUNT FOR LIFE 
                   CYCLE COST REDUCTION INITIATIVES.

       (a) Funds Available for Defense Modernization Account.--
     Section 2216 of title 10, United States Code is amended--
       (1) by striking subsection (c);
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Funds Available for Account.--The Defense 
     Modernization Account shall consist of the following:
       ``(1) Amounts appropriated to the Defense Modernization 
     Account for the costs of commencing projects described in 
     subsection (d)(1), and amounts reimbursed to the Defense 
     Modernization Account under subsections (c)(1)(B)(iii) out of 
     savings derived from such projects.
       ``(2) Amounts transferred to the Defense Modernization 
     Account under subsection (c).''.
       (b) Start-Up Funding.--Subsection (d) of such section is 
     amended--
       (1) by striking ``available from the Defense Modernization 
     Account pursuant to subsection (f) or (g)'' and inserting 
     ``in the Defense Modernization Account'';
       (2) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (3) by inserting after ``purposes:'' the following new 
     paragraph (1):
       ``(1) For paying the costs of commencing any project that, 
     in accordance with criteria prescribed by the Secretary of 
     Defense, is undertaken by the Secretary of a military 
     department or the head of a Defense Agency or other element 
     of the Department of Defense to reduce the life cycle cost of 
     a new or existing system.''.
       (c) Reimbursement of Account Out of Savings.--(1) Paragraph 
     (1)(B) of subsection (c) of such section, as redesignated by 
     subsection (a)(2), is amended by adding at the end the 
     following new clause:
       ``(iii) Unexpired funds in appropriations accounts that are 
     available for procurement or operation and maintenance of a 
     system, if and to the extent that savings are achieved for 
     such accounts through reductions in life cycle costs of such 
     system that result from one or more

[[Page 13618]]

     projects undertaken with respect to such systems with funds 
     made available from the Defense Modernization Account under 
     subsection (b)(1).''.
       (2) Paragraph (2) of such subsection is amended by 
     inserting ``, other than funds referred to in paragraph 
     subparagraph (B)(iii) of such paragraph,'' after ``Funds 
     referred to in paragraph (1)''.
       (d) Regulations.--Subsection (h) of such section is 
     amended--
       (1) by inserting ``(1)'' after ``Comptroller.--''; and
       (2) by adding at the end the following new paragraph (2):
       ``(2) The regulations prescribed under paragraph (1) shall, 
     at a minimum, provide for--
       ``(A) the submission of proposals by the Secretaries 
     concerned or heads of Defense Agencies or other elements of 
     the Department of Defense to the Comptroller for the use of 
     Defense Modernization Account funds for purposes set forth in 
     subsection (d);
       ``(B) the use of a competitive process for the evaluation 
     of such proposals and the selection of programs, projects, 
     and activities to be funded out of the Defense Modernization 
     Account from among those proposed for such funding; and
       ``(C) the calculation of--
       ``(i) the savings to be derived from projects described in 
     subsection (d)(1) that are to be funded out of the Defense 
     Modernization Account; and
       ``(ii) the amounts to be reimbursed to the Defense 
     Modernization Account out of such savings pursuant to 
     subsection (c)(1)(B)(iii).''.
       (e) Annual Report.--Subsection (i) of such section is 
     amended--
       (1) by striking ``(i) Quarterly Reports.--(1) Not later 
     than 15 days after the end of each calendar quarter,'' and 
     inserting ``(i) Annual Report.--(1) Not later than 15 days 
     after the end of each fiscal year,''; and
       (2) in paragraph (1), by striking ``quarter'' in 
     subparagraphs (A), (B), and (C), and inserting ``fiscal 
     year''.
       (f) Extension of Authority.--Section 912(c)(1) of the 
     National Defense Authorization Act for Fiscal Year 1996 is 
     amended--
       (1) by striking ``section 2216(b)'' and inserting ``section 
     2216(c)''; and
       (2) by striking ``September 30, 2003'' and inserting 
     ``September 30, 2006''.

     SEC. 363. EXEMPTION OF CERTAIN FIREFIGHTING SERVICE CONTRACTS 
                   FROM PROHIBITION ON CONTRACTS FOR PERFORMANCE 
                   OF FIREFIGHTING FUNCTIONS.

       Section 2465(b) of title 10, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(4) to a contract for the performance for firefighting 
     functions if the contract is--
       ``(A) for a period of one year or less; and
       ``(B) for the performance of firefighting functions that 
     would otherwise be performed by military firefighters who are 
     otherwise deployed.''.

     SEC. 364. TECHNICAL AMENDMENT RELATING TO TERMINATION OF 
                   SACRAMENTO ARMY DEPOT, SACRAMENTO, CALIFORNIA.

       Section 2466 of title 10, United States Code, is amended by 
     striking subsection (d).

     SEC. 365. EXCEPTION TO COMPETITION REQUIREMENT FOR WORKLOADS 
                   PREVIOUSLY PERFORMED BY DEPOT-LEVEL ACTIVITIES.

       Section 2469 of title 10, United States Code, is amended--
       (1) in subsection (b), by inserting ``, except as provided 
     in subsection (c)'' before the period at the end;
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Exception.--Subsection (a) does not apply to any 
     depot-level maintenance and repair workload that is performed 
     by a public-private partnership under section 2474(b) of this 
     title consisting of a depot-level activity and a private 
     entity.''.

     SEC. 366. SUPPORT FOR TRANSFERS OF DECOMMISSIONED VESSELS AND 
                   SHIPBOARD EQUIPMENT.

       (a) In General.--Chapter 633 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 7316. Support for transfers of decommissioned vessels 
       and shipboard equipment

       ``(a) Authority To Provide Assistance.--The Secretary of 
     the Navy may provide an entity described in subsection (b) 
     with assistance in support of a transfer of a vessel or 
     shipboard equipment described in such subsection that is 
     being executed under section 2572, 7306, 7307, or 7545 of 
     this title, or under any other authority.
       ``(b) Covered Vessels and Equipment.--The authority under 
     this section applies--
       ``(1) in the case of a decommissioned vessel that--
       ``(A) is owned and maintained by the Navy, is located at a 
     Navy facility, and is not in active use; and
       ``(B) is being transferred to an entity designated by the 
     Secretary of the Navy or by law to receive transfer of the 
     vessel; and
       ``(2) in the case of any shipboard equipment that--
       ``(A) is on a vessel described in paragraph (1)(A); and
       ``(B) is being transferred to an entity designated by the 
     Secretary of the Navy or by law to receive transfer of the 
     equipment.
       ``(c) Reimbursement.--The Secretary may require a recipient 
     of assistance under subsection (a) to reimburse the Navy for 
     amounts expended by the Navy in providing the assistance.
       ``(d) Deposit of Funds Received.--Funds received in a 
     fiscal year under subsection (c) shall be credited to the 
     appropriation available for such fiscal year for operation 
     and maintenance for the office of the Navy managing inactive 
     ships, shall be merged with other sums in the appropriation 
     that are available for such office, and shall be available 
     for the same purposes and period as the sums with which 
     merged.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``7316. Support for transfers of decommissioned vessels and shipboard 
              equipment.''.

     SEC. 367. AIRCRAFT FOR PERFORMANCE OF AERIAL REFUELING 
                   MISSION.

       (a) Restriction on Retirement of KC-135E Aircraft.--The 
     Secretary of the Air Force shall ensure that the number of 
     KC-135E aircraft of the Air Force that are retired in fiscal 
     year 2004, if any, does not exceed 12 such aircraft.
       (b) Required Analysis.--Not later than March 1, 2004, the 
     Secretary of the Air Force shall submit to the congressional 
     defense committees an analysis of alternatives for meeting 
     the aerial refueling requirements that the Air Force has the 
     mission to meet. The Secretary shall provide for the analysis 
     to be performed by a federally funded research and 
     development center or another entity independent of the 
     Department of Defense.

     SEC. 368. CONTRACTING WITH EMPLOYERS OF PERSONS WITH 
                   DISABILITIES.

       (a) Inapplicability of Randolph-Sheppard Act.--The 
     Randolph-Sheppard Act does not apply to any contract 
     described in subsection (b) for so long as the contract is in 
     effect, including for any period for which the contract is 
     extended pursuant to an option provided in the contract.
       (b) Javits-Wagner-O'Day Contracts.--Subsection (a) applies 
     to any contract for the operation of a Department of Defense 
     facility described in subsection (c) that was entered into 
     before the date of the enactment of this Act with a nonprofit 
     agency for the blind or an agency for other severely 
     handicapped in compliance with section 3 of the Javits-
     Wagner-O'Day Act (41 U.S.C. 48) and is in effect on such 
     date.
       (c) Covered Facilities.--The Department of Defense 
     facilities referred to in subsection (b) are as follows:
       (1) A military troop dining facility.
       (2) A military mess hall.
       (3) Any similar dining facility operated for the purpose of 
     providing meals to members of the Armed Forces.
       (d) Enactment of Popular Name as Short Title.--The Act 
     entitled ``An Act to authorize the operation of stands in 
     Federal buildings by blind persons, to enlarge the economic 
     opportunities of the blind, and for other purposes'', 
     approved June 20, 1936 (commonly known as the ``Randolph-
     Sheppard Act'') (20 U.S.C. 107 et seq.), is amended by adding 
     at the end the following new section:
       ``Sec. 11. This Act may be cited as the `Randolph-Sheppard 
     Act'.''.
       (e) Demonstration Projects for Contractors Employing 
     Persons With Disabilities.--(1) The Secretary of Defense may 
     carry out two demonstration projects for the purpose of 
     providing opportunities for participation by severely 
     disabled individuals in the industries of manufacturing and 
     information technology.
       (2) Under each demonstration project, the Secretary may 
     enter into one or more contracts with an eligible contractor 
     for each of fiscal years 2004 and 2005 for the acquisition 
     of--
       (A) aerospace end items or components; or
       (B) information technology products or services.
       (3) The items, components, products, or services authorized 
     to be procured under paragraph (2) include--
       (A) computer numerically-controlled machining and metal 
     fabrication;
       (B) computer application development, testing, and support 
     in document management, microfilming, and imaging; and
       (C) any other items, components, products, or services 
     described in paragraph (2) that are not described in 
     subparagraph (A) or (B).
       (4) In this subsection:
       (A) The term ``eligible contractor'' means a business 
     entity operated on a for-profit or nonprofit basis that--
       (i) employs not more than 500 individuals;
       (ii) employs severely disabled individuals at a rate that 
     averages not less than 33 percent of its total workforce over 
     a period prescribed by the Secretary;
       (iii) employs each severely disabled individual in its 
     workforce generally on the basis of 40 hours per week;
       (iv) pays not less than the minimum wage prescribed 
     pursuant to section 6 of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 206) to the employees who are severely disabled 
     individuals;
       (v) provides for its employees health insurance and a 
     retirement plan comparable to those provided for employees by 
     business entities of similar size in its industrial sector or 
     geographic region; and
       (vi) has or can acquire a security clearance as necessary.
       (B) The term ``severely disabled individual'' means an 
     individual with a disability (as defined in section 3 of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) 
     who has a severe physical or mental impairment that seriously 
     limits one or more functional capacities.

[[Page 13619]]



     SEC. 369. REPEAL OF CALENDAR YEAR LIMITATIONS ON USE OF 
                   COMMISSARY STORES BY CERTAIN RESERVES AND 
                   OTHERS.

       (a) Members of the Ready Reserve.--Section 1063(a) of title 
     10, United States Code, is amended by striking the period at 
     the end of the first sentence and all that follows and 
     inserting ``in that calendar year.''.
       (b) Certain Other Persons.--Section 1064 of such title is 
     amended by striking ``for 24 days each calendar year''.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

       The Armed Forces are authorized strengths for active duty 
     personnel as of September 30, 2004, as follows:
       (1) The Army, 480,000.
       (2) The Navy, 373,800.
       (3) The Marine Corps, 175,000.
       (4) The Air Force, 359,300.

     SEC. 402. INCREASED MAXIMUM PERCENTAGE OF GENERAL AND FLAG 
                   OFFICERS ON ACTIVE DUTY AUTHORIZED TO BE 
                   SERVING IN GRADES ABOVE BRIGADIER GENERAL AND 
                   REAR ADMIRAL (LOWER HALF).

       Section 525(a) of title 10, United States Code, is amended 
     by striking ``50 percent'' both places it appears and 
     inserting ``55 percent''.

     SEC. 403. EXTENSION OF CERTAIN AUTHORITIES RELATING TO 
                   MANAGEMENT OF NUMBERS OF GENERAL AND FLAG 
                   OFFICERS IN CERTAIN GRADES.

       (a) Senior Joint Officer Positions.--Section 604(c) of 
     title 10, United States Code, is amended by striking 
     ``December 31, 2004'' and inserting ``December 31, 2005''.
       (b) Distribution of Officers on Active Duty in General and 
     Flag Officer Grades.--Section 525(b)(5)(C) of such title is 
     amended by striking ``December 31, 2004'' and inserting 
     ``December 31, 2005''.
       (c) Authorized Strength for General and Flag Officers on 
     Active Duty.--Section 526(b)(3) of such title is amended by 
     striking ``December 31, 2004'' and inserting ``December 31, 
     2005''.

                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

       (a) In General.--The Armed Forces are authorized strengths 
     for Selected Reserve personnel of the reserve components as 
     of September 30, 2004, as follows:
       (1) The Army National Guard of the United States, 350,000.
       (2) The Army Reserve, 205,000.
       (3) The Naval Reserve, 85,900.
       (4) The Marine Corps Reserve, 39,600.
       (5) The Air National Guard of the United States, 107,030.
       (6) The Air Force Reserve, 75,800.
       (7) The Coast Guard Reserve, 10,000.
       (b) Adjustments.--The end strengths prescribed by 
     subsection (a) for the Selected Reserve of any reserve 
     component shall be proportionately reduced by--
       (1) the total authorized strength of units organized to 
     serve as units of the Selected Reserve of such component 
     which are on active duty (other than for training) at the end 
     of the fiscal year; and
       (2) the total number of individual members not in units 
     organized to serve as units of the Selected Reserve of such 
     component who are on active duty (other than for training or 
     for unsatisfactory participation in training) without their 
     consent at the end of the fiscal year.

     Whenever such units or such individual members are released 
     from active duty during any fiscal year, the end strength 
     prescribed for such fiscal year for the Selected Reserve of 
     such reserve component shall be proportionately increased by 
     the total authorized strengths of such units and by the total 
     number of such individual members.

     SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN 
                   SUPPORT OF THE RESERVES.

       Within the end strengths prescribed in section 411(a), the 
     reserve components of the Armed Forces are authorized, as of 
     September 30, 2004, the following number of Reserves to be 
     serving on full-time active duty or full-time duty, in the 
     case of members of the National Guard, for the purpose of 
     organizing, administering, recruiting, instructing, or 
     training the reserve components:
       (1) The Army National Guard of the United States, 25,599.
       (2) The Army Reserve, 14,374.
       (3) The Naval Reserve, 14,384.
       (4) The Marine Corps Reserve, 2,261.
       (5) The Air National Guard of the United States, 12,191.
       (6) The Air Force Reserve, 1,660.

     SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 
                   STATUS).

       The minimum number of military technicians (dual status) as 
     of the last day of fiscal year 2004 for the reserve 
     components of the Army and the Air Force (notwithstanding 
     section 129 of title 10, United States Code) shall be the 
     following:
       (1) For the Army Reserve, 6,699.
       (2) For the Army National Guard of the United States, 
     24,589.
       (3) For the Air Force Reserve, 9,991.
       (4) For the Air National Guard of the United States, 
     22,806.

     SEC. 414. FISCAL YEAR 2004 LIMITATIONS ON NON-DUAL STATUS 
                   TECHNICIANS.

       (a) Limitations.--(1) Within the limitation provided in 
     section 10217(c)(2) of title 10, United States Code, the 
     number of non-dual status technicians employed by the 
     National Guard as of September 30, 2004, may not exceed the 
     following:
       (A) For the Army National Guard of the United States, 
     1,600.
       (B) For the Air National Guard of the United States, 350.
       (2) The number of non-dual status technicians employed by 
     the Army Reserve as of September 30, 2004, may not exceed 
     895.
       (3) The number of non-dual status technicians employed by 
     the Air Force Reserve as of September 30, 2004, may not 
     exceed 90.
       (b) Non-Dual Status Technicians Defined.--In this section, 
     the term ``non-dual status technician'' has the meaning given 
     the term in section 10217(a) of title 10, United States Code.

       Subtitle C--Other Matters Relating to Personnel Strengths

     SEC. 421. REVISION OF PERSONNEL STRENGTH AUTHORIZATION AND 
                   ACCOUNTING PROCESS.

       (a) Annual Authorization of Strengths.--Subsection (a) of 
     section 115 of title 10, United States Code, is amended to 
     read as follows:
       ``(a) Congress shall authorize personnel strength levels 
     for each fiscal year for each of the following:
       ``(1) The average strength for each of the armed forces 
     (other than the Coast Guard) for active-duty personnel who 
     are to be paid from funds appropriated for active-duty 
     personnel.
       ``(2) The average strength for each of the armed forces 
     (other than the Coast Guard) for active-duty personnel and 
     full-time National Guard duty personnel who are to be paid 
     from funds appropriated for reserve personnel.
       ``(3) The average strength for the Selected Reserve of each 
     reserve component of the armed forces.''.
       (b) Limitation on Use of Funds.--Subsection (b) of such 
     section is amended by striking ``end strength'' in paragraphs 
     (1) and (2) and inserting ``strength''.
       (c) Authority of Secretary of Defense To Vary Strengths.--
     Subsection (c) of such section is amended--
       (1) by striking ``end strength'' each place it appears and 
     inserting ``strength'';
       (2) in paragraph (1), by striking ``subsection (a)(1)(A)'' 
     and inserting ``subsection (a)(1)'';
       (3) in paragraph (2), by striking ``subsection (a)(1)(B)'' 
     and inserting ``subsection (a)(2)''; and
       (4) in paragraph (3), by striking ``subsection (a)(2)'' and 
     inserting ``subsection (a)(3)''.
       (d) Counting Personnel.--Subsection (d) of such section is 
     amended--
       (1) by striking ``end-strengths authorized pursuant to 
     subsection (a)(1)'' and inserting ``strengths authorized 
     pursuant to paragraphs (1) and (2) of subsection (a)''; and
       (2) in paragraph (9)(B), by striking ``subsection 
     (a)(1)(A)'' and inserting ``subsection (a)(1)''.
       (e) Navy Strength When Augmented by Coast Guard.--
     Subsection (e) of such section is amended by striking 
     ``subsection (a)(1)'' and inserting ``paragraphs (1) and (2) 
     of subsection (a)''.
       (f) Authority of Secretaries of Military Departments To 
     Vary Strengths.--Subsection (f) of such section is amended--
       (1) by striking ``end strength'' both places it appears and 
     inserting ``strength''; and
       (2) by striking ``subsection (a)(1)(A)'' in the first 
     sentence and inserting ``subsection (a)(1)''.
       (g) Authorization of Strengths for Dual Status Military 
     Technicians.--Subsection (g) of such section is amended by 
     striking ``end strength'' both places it appears and 
     inserting ``strength''.
       (h) Conforming Amendments.--(1) Section 168(f)(1)(A) of 
     title 10, United States Code, is amended by striking ``end 
     strength for active-duty personnel authorized pursuant to 
     section 115(a)(1)'' and inserting ``strengths for active-duty 
     personnel authorized pursuant to paragraphs (1) and (2) of 
     section 115(a)''.
       (2) Section 691(f) of such title is amended by striking 
     ``section 115(a)(1)'' and inserting ``paragraphs (1) and (2) 
     of section 115(a)''.
       (3) Section 3201(b) of such title is amended by striking 
     ``section 115(a)(1)'' and inserting ``paragraphs (1) and (2) 
     of section 115(a)''.
       (4)(A) Section 10216 of such title is amended--
       (i) by striking ``end strengths'' in subsections (b)(1) and 
     (c)(1) and inserting ``strengths''; and
       (ii) by striking ``end strength'' each place it appears in 
     subsection (c)(2)(A) and inserting ``strength''.
       (B) The heading for subsection (c) is amended by striking 
     ``End''.
       (5) Section 12310(c)(4) of such title is amended by 
     striking ``end strength authorizations required by section 
     115(a)(1)(B) and 115(a)(2)'' and inserting ``strength 
     authorizations required by paragraphs (2) and (3) of section 
     115(a)''.
       (6) Section 16132(d) of such title is amended by striking 
     ``end strength required to be authorized each year by section 
     115(a)(1)(B)'' in the second sentence and inserting 
     ``strength required to be authorized each year by section 
     115(a)(2)''.
       (7) Section 112 of title 32, United States Code, is 
     amended--
       (A) in subsection (e)--
       (i) in the heading, by striking ``End-Strength'' and 
     inserting ``Strength''; and
       (ii) by striking ``end strength'' and inserting 
     ``strength'';
       (B) in subsection (f)--
       (i) in the heading, by striking ``End Strength'' and 
     inserting ``Strength''; and
       (ii) in paragraph (2), by striking ``end strength'' and 
     inserting ``strength''; and

[[Page 13620]]

       (C) in subsection (g)(1), by striking ``end strengths'' and 
     inserting ``strengths''.

     SEC. 422. EXCLUSION OF RECALLED RETIRED MEMBERS FROM CERTAIN 
                   STRENGTH LIMITATIONS DURING PERIOD OF WAR OR 
                   NATIONAL EMERGENCY.

       (a) Annual Authorized End Strengths.--Section 115(d) of 
     title 10, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(12) Members of the armed forces ordered to active duty 
     under section 688 of this title during any period of war 
     declared by Congress or any period of national emergency 
     declared by Congress or the President in which members of a 
     reserve component are serving on active duty pursuant to an 
     order to active duty under section 12301 or 12302 of this 
     title, for so long as the members ordered to active duty 
     under such section 688 continue to serve on active duty 
     during the period of the war or national emergency and the 
     one-year period beginning on the date of the termination of 
     the war or national emergency, as the case may be.''
       (b) Strength Limitations for Officers in Pay Grades O-4 
     Through O-6.--Section 523(b) of such title is amended by 
     adding at the end the following new paragraph:
       ``(8) Officers ordered to active duty under section 688 of 
     this title during any period of war declared by Congress or 
     any period of national emergency declared by Congress or the 
     President in which members of a reserve component are serving 
     on active duty pursuant to an order to active duty under 
     section 12301 or 12302 of this title, for so long as the 
     members ordered to active duty under such section 688 
     continue to serve on active duty during the period of the war 
     or national emergency and the one-year period beginning on 
     the date of the termination of the war or national emergency, 
     as the case may be.''.

              Subtitle D--Authorization of Appropriations

     SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY 
                   PERSONNEL.

       There is hereby authorized to be appropriated to the 
     Department of Defense for military personnel for fiscal year 
     2004 a total of $99,194,206,000. The authorization in the 
     preceding sentence supersedes any other authorization of 
     appropriations (definite or indefinite) for such purpose for 
     fiscal year 2004.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

     SEC. 501. RETENTION OF HEALTH PROFESSIONS OFFICERS TO FULFILL 
                   ACTIVE DUTY SERVICE OBLIGATIONS FOLLOWING 
                   FAILURE OF SELECTION FOR PROMOTION.

       (a) In General.--Subsection (a) of section 632 of title 10, 
     United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(4) if the officer is a health professions officer 
     described in subsection (c) who, as of the date of discharge 
     determined for the officer under paragraph (1), has not 
     completed an active duty service obligation incurred by the 
     officer under section 2005, 2114, 2123, or 2603 of this 
     title, be retained on active duty until the officer completes 
     the active duty service for which obligated, unless the 
     Secretary concerned determines that the completion of the 
     service obligation by the officer is not in the best interest 
     of the Army, Navy, Air Force, or Marine Corps, as the case 
     may be.''.
       (b) Covered Health Professions Officers.--Section 632 of 
     such title is amended by adding at the end the following new 
     subsection:
       ``(c) Health Professions Officers.--Subsection (a)(4) 
     applies to the following officers:
       ``(1) A medical officer.
       ``(2) A dental officer.
       ``(3) Any other officer appointed in a medical skill (as 
     defined in regulations prescribed by the Secretary of 
     Defense).''.
       (c) Technical Amendment.--Subsection (a)(3) of such section 
     is amended by striking ``clause (1)'' and inserting 
     ``paragraph (1)''.

     SEC. 502. ELIGIBILITY FOR APPOINTMENT AS CHIEF OF ARMY 
                   VETERINARY CORPS.

       (a) Appointment From Among Members of the Corps.--Section 
     3084 of title 10, United States Code, is amended by inserting 
     after ``The Chief of the Veterinary Corps of the Army'' the 
     following: ``shall be appointed from among officers of the 
     Veterinary Corps. The Chief of the Veterinary Corps''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply to appointments of the Chief of the Veterinary 
     Corps of the Army that are made on or after the date of the 
     enactment of this Act.

             Subtitle B--Reserve Component Personnel Policy

     SEC. 511. EXPANDED AUTHORITY FOR USE OF READY RESERVE IN 
                   RESPONSE TO TERRORISM.

       Section 12304(b)(2) of title 10, United States Code, is 
     amended by striking ``catastrophic''.

     SEC. 512. STREAMLINED PROCESS FOR CONTINUING OFFICERS ON THE 
                   RESERVE ACTIVE-STATUS LIST.

       (a) Continuation.--Section 14701 of title 10, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``by a selection board 
     convened under section 14101(b) of this title'' and inserting 
     ``under regulations prescribed under subsection (b)'';
       (B) in paragraph (6), by striking ``as a result of the 
     convening of a selection board under section 14101(b) of this 
     title'';
       (2) by striking subsections (b) and (c); and
       (3) by redesignating subsection (d) as subsection (b).
       (b) Conforming Amendments.--Subsection (b) of section 14101 
     of such title is amended--
       (1) by striking paragraph (1); and
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively.

     SEC. 513. NATIONAL GUARD OFFICERS ON ACTIVE DUTY IN COMMAND 
                   OF NATIONAL GUARD UNITS.

       (a) Continuation in State Status.--Subsection (a) of 
     section 325 of title 32, United States Code, is amended--
       (1) by striking ``(a) Each'' and inserting ``(a) Relief 
     Required.--(1) Except as provided in paragraph (2), each''; 
     and
       (2) by adding at the end the following new paragraph:
       ``(2) An officer of the Army National Guard of the United 
     States or the Air National Guard of the United States is not 
     relieved from duty in the National Guard of his State or 
     Territory, or of Puerto Rico or the District of Columbia, 
     under paragraph (1) while serving on active duty in command 
     of a National Guard unit if--
       ``(A) the President authorizes such service in both duty 
     statuses; and
       ``(B) the Governor of his State or Territory or Puerto 
     Rico, or the Commanding General of the District of Columbia 
     National Guard, as the case may be, consents to such service 
     in both duty statuses.''.
       (b) Format Amendment.--Subsection (b) of such section is 
     amended by inserting ``Return to State Status.--'' after 
     ``(b)''.

             Subtitle C--Revision of Retirement Authorities

     SEC. 521. PERMANENT AUTHORITY TO REDUCE THREE-YEAR TIME-IN-
                   GRADE REQUIREMENT FOR RETIREMENT IN GRADE FOR 
                   OFFICERS IN GRADES ABOVE MAJOR AND LIEUTENANT 
                   COMMANDER.

       Section 1370(a)(2)(A) of title 10, United States Code, is 
     amended by striking ``during the period beginning on October 
     1, 2002, and ending on December 31, 2003'' and inserting 
     ``after September 30, 2002''.

                   Subtitle D--Education and Training

     SEC. 531. INCREASED FLEXIBILITY FOR MANAGEMENT OF SENIOR 
                   LEVEL EDUCATION AND POST-EDUCATION ASSIGNMENTS.

       (a) Repeal of Post-Education Joint Duty Assignments 
     Requirement.--Subsection (d) of section 663 of title 10, 
     United States Code, is repealed.
       (b) Repeal of Minimum Duration Requirement for Principal 
     Course of Instruction at the Joint Forces Staff College.--
     Subsection (e) of such section is repealed.

     SEC. 532. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR 
                   CADETS AND MIDSHIPMEN RECEIVING ROTC 
                   SCHOLARSHIPS.

       (a) Financial Assistance Program for Service on Active 
     Duty.--Section 2107(c) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1), by striking the first sentence and 
     inserting the following: ``The Secretary concerned may 
     provide financial assistance described in paragraph (3) for a 
     student appointed as a cadet or midshipman by the Secretary 
     under subsection (a).'';
       (2) in paragraph (2), by striking ``as described in 
     paragraph (1)'' and inserting ``as described in paragraph 
     (3)''; and
       (3) by adding at the end the following new paragraphs:
       ``(3)(A) The financial assistance provided for a student 
     under this subsection shall be the payment of one of the two 
     sets of expenses selected by the Secretary, as follows:
       ``(i) Tuition, fees, books, and laboratory expenses.
       ``(ii) Expenses for room and board and any other necessary 
     expenses imposed by the student's educational institution for 
     the academic program in which the student is enrolled, which 
     may include any of the expenses described in clause (i).
       ``(B) The total amount of the financial assistance provided 
     for a student for an academic year under clause (ii) of 
     subparagraph (A) may not exceed the total amount of the 
     financial assistance that would otherwise have been provided 
     for the student for that academic year under clause (i) of 
     such subparagraph.
       ``(4) The Secretary of the military department concerned 
     may provide for the payment of all expenses in the 
     Secretary's department of administering the financial 
     assistance program under this section, including the payment 
     of expenses described in paragraph (3).''.
       (b) Financial Assistance Program for Service in Troop 
     Program Units.--Section 2107a(c) of such title is amended to 
     read as follows:
       ``(c)(1) The Secretary of the Army may provide financial 
     assistance described in paragraph (2) for a student appointed 
     as a cadet by the Secretary under subsection (a).
       ``(2)(A) The financial assistance provided for a student 
     under this subsection shall be the payment of one of the two 
     sets of expenses selected by the Secretary concerned, as 
     follows:
       ``(i) Tuition, fees, books, and laboratory expenses.
       ``(ii) Expenses for room and board and any other necessary 
     expenses imposed by the student's educational institution for 
     the academic

[[Page 13621]]

     program in which the student is enrolled, which may include 
     any of the expenses described in clause (i).
       ``(B) The total amount of the financial assistance provided 
     for a student for an academic year under clause (ii) of 
     subparagraph (A) may not exceed the total amount of the 
     financial assistance that would otherwise have been provided 
     for the student for that academic year under clause (i) of 
     such subparagraph.
       ``(3) The Secretary may provide for the payment of all 
     expenses in the Department of the Army for administering the 
     financial assistance program under this section, including 
     the payment of expenses described in paragraph (2).''.

     SEC. 533. ELIGIBILITY AND COST REIMBURSEMENT REQUIREMENTS FOR 
                   PERSONNEL TO RECEIVE INSTRUCTION AT THE NAVAL 
                   POSTGRADUATE SCHOOL.

       (a) Expanded Eligibility for Enlisted Personnel.--
     Subsection (a)(2) of section 7045 of title 10, United States 
     Code, is amended--
       (1) by inserting ``(A)'' after ``(2)'';
       (2) by striking ``this paragraph'' in the second sentence 
     and inserting ``this subparagraph''; and
       (3) by adding at the end the following new subparagraphs:
       ``(B) The Secretary may permit an enlisted member of the 
     armed forces to receive instruction in an executive level 
     seminar at the Naval Postgraduate School.
       ``(C) The Secretary may permit an eligible enlisted member 
     of the armed forces to receive instruction in connection with 
     pursuit of a program of education in information assurance as 
     a participant in the Information Security Scholarship program 
     under chapter 112 of this title. To be eligible for 
     instruction under this subparagraph, the enlisted member must 
     have been awarded a baccalaureate degree by an institution of 
     higher education.''.
       (b) Payment of Costs for Participants in Information 
     Security Scholarship Program.--Subsection (b) of such section 
     is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The requirements for payment of costs and fees under 
     paragraph (1) shall be subject to such exceptions as the 
     Secretary of Defense may prescribe for members of the armed 
     forces who receive instruction at the Postgraduate School in 
     connection with pursuit of a degree or certification as 
     participants in the Information Security Scholarship program 
     under chapter 112 of this title.''.
       (3) The Department of the Army, the Department of the Navy, 
     and the Department of Transportation shall bear the cost of 
     the instruction at the Air Force Institute of Technology that 
     is received by officers detailed for that instruction by the 
     Secretaries of the Army, Navy, and Transportation, 
     respectively. In the case of an enlisted member permitted to 
     receive instruction at the Institute, the Secretary of the 
     Air Force shall charge that member only for such costs and 
     fees as the Secretary considers appropriate (taking into 
     consideration the admission of enlisted members on a space-
     available basis).
       (c) Conforming Amendments.--Paragraph (1) of such 
     subsection (b), as redesignated by subsection (b)(1) of this 
     section, is amended--
       (A) in the first sentence, by striking ``officers'' and 
     inserting ``members of the armed forces who are''; and
       (B) in the second sentence--
       (i) by inserting ``under subsection (a)(2)(A)'' after ``at 
     the Postgraduate School''; and
       (ii) by striking ``(taking into consideration the admission 
     of enlisted members on a space-available basis)''.

     SEC. 534. ACTIONS TO ADDRESS SEXUAL MISCONDUCT AT THE SERVICE 
                   ACADEMIES.

       (a) Policy on Sexual Misconduct.--(1) The Secretary of the 
     Army, the Secretary of the Navy, and the Secretary of the Air 
     Force shall, under guidance prescribed by the Secretary of 
     Defense, direct the Superintendent of the United States 
     Military Academy, the Superintendent of the United States 
     Naval Academy, and the Superintendent of the United States 
     Air Force Academy, respectively, to prescribe a policy on 
     sexual misconduct applicable to the personnel of the United 
     States Military Academy, the United States Naval Academy, and 
     the United States Air Force Academy, respectively.
       (2) The policy on sexual misconduct prescribed for an 
     academy shall specify the following:
       (A) Programs to promote awareness of the incidence of rape, 
     acquaintance rape, and other sexual offenses of a criminal 
     nature that involve academy personnel.
       (B) Procedures that a cadet or midshipman, as the case may 
     be, should follow in the case of an occurrence of sexual 
     misconduct, including--
       (i) a specification of the person or persons to whom the 
     alleged offense should be reported;
       (ii) a specification of any other person whom the victim 
     should contact; and
       (iii) procedures on the preservation of evidence 
     potentially necessary for proof of criminal sexual assault.
       (C) Procedures for disciplinary action in cases of alleged 
     criminal sexual assault involving academy personnel.
       (D) Any other sanctions authorized to be imposed in a 
     substantiated case of misconduct involving academy personnel 
     in rape, acquaintance rape, or any other criminal sexual 
     offense, whether forcible or nonforcible.
       (E) Required training on the policy for all academy 
     personnel, including the specific training required for 
     personnel who process allegations of sexual misconduct 
     involving academy personnel.
       (b) Annual Assessment.--(1) The Secretary of Defense, 
     through the Secretaries of the military departments, shall 
     direct each Superintendent to conduct at the academy under 
     the jurisdiction of the Superintendent an assessment in each 
     academy program year to determine the effectiveness of the 
     academy's policies, training, and procedures on sexual 
     misconduct to prevent criminal sexual misconduct involving 
     academy personnel.
       (2) For the assessment for each of the 2004, 2005, 2006, 
     2007, and 2008 academy program years, the Superintendent of 
     the academy shall conduct a survey of all academy personnel--
       (A) to measure--
       (i) the incidence, in such program year, of sexual 
     misconduct events, on or off the academy reservation, that 
     have been reported to officials of the academy; and
       (ii) the incidence, in such program year, of sexual 
     misconduct events, on or off the academy reservation, that 
     have not been reported to officials of the academy; and
       (B) to assess the perceptions of academy personnel on--
       (i) the policies, training, and procedures on sexual 
     misconduct involving academy personnel;
       (ii) the enforcement of such policies;
       (iii) the incidence of sexual misconduct involving academy 
     personnel in such program year; and
       (iv) any other issues relating to sexual misconduct 
     involving academy personnel.
       (c) Annual Report.--(1) The Secretary of the Army, the 
     Secretary of the Navy, and the Secretary of the Air Force 
     shall direct the Superintendent of the United States Military 
     Academy, the Superintendent of the United States Naval 
     Academy, and the Superintendent of the United States Air 
     Force Academy, respectively, to submit to the Secretary a 
     report on sexual misconduct involving academy personnel for 
     each of the 2004, 2005, 2006, 2007, and 2008 academy program 
     years.
       (2) The annual report for an academy under paragraph (1) 
     shall contain, for the academy program year covered by the 
     report, the following matters:
       (A) The number of sexual assaults, rapes, and other sexual 
     offenses involving academy personnel that have been reported 
     to academy officials during the program year, and the number 
     of the reported cases that have been substantiated.
       (B) The policies, procedures, and processes implemented by 
     the Secretary of the military department concerned and the 
     leadership of the academy in response to sexual misconduct 
     involving academy personnel during the program year.
       (C) In the report for the 2004 academy program year, a 
     discussion of the survey conducted under subsection (b), 
     together with an analysis of the results of the survey and a 
     discussion of any initiatives undertaken on the basis of such 
     results and analysis.
       (D) In the report for each of the subsequent academy 
     program years, the results of the annual survey conducted in 
     such program year under subsection (b).
       (E) A plan for the actions that are to be taken in the 
     following academy program year regarding prevention of and 
     response to sexual misconduct involving academy personnel.
       (3) The Secretary of a military department shall transmit 
     the annual report on an academy under this subsection, 
     together with the Secretary's comments on the report, to the 
     Secretary of Defense and the Board of Visitors of the 
     academy.
       (4) The Secretary of Defense shall transmit the annual 
     report on each academy under this subsection, together with 
     the Secretary's comments on the report to, the Committees on 
     Armed Services of the Senate and the House of 
     Representatives.
       (5) The report for the 2004 academy program year for an 
     academy shall be submitted to the Secretary of the military 
     department concerned not later than one year after the date 
     of the enactment of this Act.
       (6) In this subsection, the term ``academy program year'' 
     with respect to a year, means the academy program year that 
     ends in that year.

     SEC. 535. FUNDING OF EDUCATION ASSISTANCE ENLISTMENT 
                   INCENTIVES TO FACILITATE NATIONAL SERVICE 
                   THROUGH DEPARTMENT OF DEFENSE EDUCATION 
                   BENEFITS FUND.

       (a) In General.--Subsection (j) of section 510 of title 10, 
     United States Code, is amended to read as follows:
       ``(j) Funding.--(1) Amounts for the payment of incentives 
     under paragraphs (1) and (2) of subsection (e) shall be 
     derived from amounts available to the Secretary of the 
     military department concerned for the payment of pay, 
     allowances and other expenses of the members of the armed 
     force concerned.
       ``(2) Amounts for the payment of incentives under 
     paragraphs (3) and (4) of subsection (e) shall be derived 
     from the Department of Defense Education Benefits Fund under 
     section 2006 of this title.''.
       (b) Conforming Amendments.--Section 2006(b) of such title 
     is amended--
       (1) in paragraph (1), by inserting ``paragraphs (3) and (4) 
     of section 510(e) and'' after ``Department of Defense 
     benefits under''; and
       (2) in paragraph (2), by adding at the end the following 
     new subparagraph:
       ``(E) The present value of future benefits payable from the 
     Fund for educational assistance under paragraphs (3) and (4) 
     of section 510(e) of this title to persons who during such 
     period become entitled to such assistance.''.

[[Page 13622]]



                      Subtitle E--Military Justice

     SEC. 551. EXTENDED LIMITATION PERIOD FOR PROSECUTION OF CHILD 
                   ABUSE CASES IN COURTS-MARTIAL.

       Section 843(b) of title 10, United States Code (article 43 
     of the Uniform Code of Military Justice) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) A person charged with having committed a child 
     abuse offense against a child is liable to be tried by court-
     martial if the sworn charges and specifications are received 
     before the child reaches the age of 25 years by an officer 
     exercising summary court-martial jurisdiction with respect to 
     that person.
       ``(B) In subparagraph (A), the term `child abuse offense' 
     means an act that involves sexual or physical abuse of a 
     person under 16 years of age and constitutes any of the 
     following offenses:
       ``(i) Rape or carnal knowledge in violation of section 920 
     of this title (article 120).
       ``(ii) Maiming in violation of section 924 of this title 
     (article 124).
       ``(iii) Sodomy in violation of section 925 of this title 
     (article 126).
       ``(iv) Aggravated assault or assault consummated by a 
     battery in violation of section 928 of this title (article 
     128).
       ``(v) Indecent assault, assault with intent to commit 
     murder, voluntary manslaughter, rape, or sodomy, or indecent 
     acts or liberties with a child in violation of section 934 of 
     this title (article 134).''.

     SEC. 552. CLARIFICATION OF BLOOD ALCOHOL CONTENT LIMIT FOR 
                   THE OFFENSE UNDER THE UNIFORM CODE OF MILITARY 
                   JUSTICE OF DRUNKEN OPERATION OF A VEHICLE, 
                   AIRCRAFT, OR VESSEL.

       Section 911 of title 10, United States Code (article 111 of 
     the Uniform Code of Military Justice), is amended--
       (1) in subsection (a)(2), by striking ``is in excess of'' 
     and inserting ``is equal to or exceeds''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) In the case of the operation or control of a vehicle, 
     aircraft, or vessel in the United States, such limit is the 
     lesser of--
       ``(i) the blood alcohol content limit under the law of the 
     State in which the conduct occurred, except as may be 
     provided under paragraph (2) for conduct on a military 
     installation that is in more than one State; or
       ``(ii) the blood alcohol content limit specified in 
     paragraph (3).''; and
       (B) by striking ``maximum'' in paragraphs (1)(B) and (3).

                       Subtitle F--Other Matters

     SEC. 561. HIGH-TEMPO PERSONNEL MANAGEMENT AND ALLOWANCE.

       (a) Deployment Management.--Section 991(a) of title 10, 
     United States Code, is amended to read as follows:
       ``(a) Management Responsibilities.--(1) The deployment (or 
     potential deployment) of a member of the armed forces shall 
     be managed to ensure that the member is not deployed, or 
     continued in a deployment, on any day on which the total 
     number of days on which the member has been deployed out of 
     the preceding 365 days would exceed the maximum number of 
     deployment days prescribed for the purposes of this section 
     by the Under Secretary of Defense for Personnel and 
     Readiness. The maximum number of deployment days so 
     prescribed may not exceed 220 days.
       ``(2) A member may be deployed, or continued in a 
     deployment, without regard to paragraph (1) if such 
     deployment, or continued deployment, is approved by--
       ``(A) a member of the Senior Executive Service designated 
     by the Secretary of Defense to do so; or
       ``(B) the first officer in the member's chain of command 
     who is--
       ``(i) a general officer or, in the case of the Navy, an 
     officer in a grade above captain; or
       ``(ii) a colonel or, in the case of the Navy, a captain who 
     is recommended for promotion to brigadier general or rear 
     admiral, respectively, in a report of a selection board 
     convened under section 611(a) or 14101(a) of this title that 
     has been approved by the President.''.
       (b) High-Tempo Allowance.--(1) Subsection (a) of section 
     436 of title 37, United States Code, is amended to read as 
     follows:
       ``(a) Monthly Allowance.--The Secretary of the military 
     department concerned shall pay a high-tempo allowance to a 
     member of the armed forces under the Secretary's jurisdiction 
     for the following months:
       ``(1) Each month during which the member is deployed and 
     has, as of any day during that month, been deployed--
       ``(A) for at least the number of days out of the preceding 
     730 days that is prescribed for the purpose of this 
     subparagraph by the Under Secretary of Defense for Personnel 
     and Readiness, except that the number of days so prescribed 
     may not be more than 401 days; or
       ``(B) at least the number of consecutive days that is 
     prescribed for the purpose of this subparagraph by the Under 
     Secretary of Defense for Personnel and Readiness, except that 
     the number of days so prescribed may not be more than 191 
     days.
       ``(2) Each month that includes a day on which the member 
     serves on active duty pursuant to a call or order to active 
     duty for a period of more than 30 days under a provision of 
     law referred to in section 101(a)(13)(B) of title 10, if such 
     period begins within one year after the date on which the 
     member was released from previous service on active duty for 
     a period of more than 30 days under a call or order issued 
     under such a provision of law.''.
       (2) Subsection (c) of such section is amended to read as 
     follows:
       ``(c) Monthly Amount.--The Secretary of Defense shall 
     prescribe the amount of the monthly allowance payable to a 
     member under this section. The amount may not exceed 
     $1,000.''.
       (3) Such section is further amended by adding at the end 
     the following new subsection:
       ``(g) Service in Exempted Duty Positions.--(1) Except as 
     provided in paragraph (2), a member is not eligible for the 
     high-tempo allowance under this section while serving in a 
     duty position designated as exempt for the purpose of this 
     subsection by the Secretary concerned with the approval of 
     the Under Secretary of Defense for Personnel and Readiness.
       ``(2) A designation of a duty position as exempt under 
     paragraph (1) does not terminate the eligibility for the 
     high-tempo allowance under this section of a member serving 
     in the duty position at the time the designation is made.
       ``(h) Payment From Operation and Maintenance Funds.--The 
     monthly allowance payable to a member under this section 
     shall be paid from appropriations available for operation and 
     maintenance for the armed force in which the member 
     serves.''.
       (4) Such section is further amended--
       (A) in subsections (d) and (e), by striking ``high-
     deployment per diem'' and inserting ``high-tempo allowance''; 
     and
       (B) in subsection (f)--
       (i) by striking ``per diem'' and inserting ``allowance''; 
     and
       (ii) by striking ``day on which'' and inserting ``month 
     during which''.
       (5)(A) The heading of such section is amended to read as 
     follows:

     ``Sec. 436. High-tempo allowance: lengthy or numerous 
       deployments; frequent mobilizations''.

       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 7 of such title is 
     amended to read as follows:

``436. High-tempo allowance: lengthy or numerous deployments; frequent 
              mobilizations.''.

       (c) Modified Reporting Requirement.--Section 487(b)(5) of 
     title 10, United States Code, is amended to read as follows:
       ``(5) For each of the armed forces, the description shall 
     indicate the number of members who received the high-tempo 
     allowance under section 436 of title 37, the total number of 
     months for which the allowance was paid to members, and the 
     total amount spent on the allowance.''.

     SEC. 562. ALTERNATE INITIAL MILITARY SERVICE OBLIGATION FOR 
                   PERSONS ACCESSED UNDER DIRECT ENTRY PROGRAM.

       (a) Requirement for Program.--The Secretary of Defense 
     shall carry out a direct entry program for persons with 
     critical military skills who enter the Armed Forces for an 
     initial period of service in the Armed Forces.
       (b) Eligible Persons.--The Secretary shall prescribe the 
     eligibility requirements for entering the Armed Forces under 
     the direct entry program carried out under this section. The 
     Secretary may limit eligibility as the Secretary determines 
     appropriate to meet the needs of the Armed Forces.
       (c) Critical Military Skills.--The Secretary shall 
     designate the military skills that are critical military 
     skills for the purposes of this section.
       (d) Initial Service Obligation.--(1) The Secretary shall 
     prescribe the period of initial service in the Armed Forces 
     that is to be required of a person entering the Armed Forces 
     under the direct entry program. The period may not be less 
     than three years.
       (2) Section 651(a) of title 10, United States Code, shall 
     not apply to a person who enters the Armed Forces under the 
     direct entry program.
       (e) Reports.--(1) Not later than 30 days after the direct 
     entry program commences under this section, the Secretary 
     shall submit a report on the establishment of the program to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives. The report shall include the following:
       (A) A list of the military skills designated as critical 
     military skills for the purposes of this section.
       (B) The eligibility requirements for entering the Armed 
     Forces under the program.
       (C) A detailed discussion of the other features of the 
     program.
       (2) Whenever the list of critical military skills is 
     revised, the Secretary shall promptly submit the revised list 
     to the committees referred to in paragraph (1).
       (3) The Secretary shall submit a final report on the 
     program to Congress not later than 180 days after the date on 
     which the direct entry program terminates under subsection 
     (f). The report shall include the Secretary's assessment of 
     the effectiveness of the direct entry program for recruiting 
     personnel with critical military skills for the Armed Forces.
       (f) Period of Program.--The direct entry program under this 
     section shall commence on October 1, 2003, and shall 
     terminate on September 30, 2005.

[[Page 13623]]



     SEC. 563. POLICY ON CONCURRENT DEPLOYMENT TO COMBAT ZONES OF 
                   BOTH MILITARY SPOUSES OF MILITARY FAMILIES WITH 
                   MINOR CHILDREN.

       (a) Publication of Policy.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall--
       (1) prescribe the policy of the Department of Defense on 
     concurrent deployment to a combat zone of both spouses of a 
     dual-military family with one or more minor children; and
       (2) transmit the policy to the Committees on Armed Services 
     of the Senate and the House of Representatives.
       (b) Dual-Military Family Defined.--In this section, the 
     term ``dual-military family'' means a family in which both 
     spouses are members of the Armed Forces.

     SEC. 564. ENHANCEMENT OF VOTING RIGHTS OF MEMBERS OF THE 
                   UNIFORMED SERVICES.

       (a) Standard for Invalidation of Ballots Cast by Absent 
     Uniformed Services Voters in Federal Elections.--.(1) Section 
     102 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-1) is amended--
       (A) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (B) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Standards for Invalidation of Certain Ballots.--
       ``(1) In general.--A State may not refuse to count a ballot 
     submitted in an election for Federal office by an absent 
     uniformed services voter--
       ``(A) solely on the grounds that the ballot lacked--
       ``(i) a notarized witness signature;
       ``(ii) an address (other than on a Federal write-in 
     absentee ballot, commonly known as `SF186');
       ``(iii) a postmark if there are any other indicia that the 
     vote was cast in a timely manner; or
       ``(iv) an overseas postmark; or
       ``(B) solely on the basis of a comparison of signatures on 
     ballots, envelopes, or registration forms unless there is a 
     lack of reasonable similarity between the signatures.
       ``(2) No effect on filing deadlines under state law.--
     Nothing in this subsection may be construed to affect the 
     application to ballots submitted by absent uniformed services 
     voters of any ballot submission deadline applicable under 
     State law.''.
       (2) The amendments made by paragraph (1) shall apply with 
     respect to ballots described in section 102(c) of the 
     Uniformed and Overseas Citizens Absentee Voting Act, as added 
     by paragraph (1), that are submitted with respect to 
     elections that occur after the date of the enactment of this 
     Act.
       (b) Maximization of Access of Recently Separated Uniformed 
     Services Voters to the Polls.--(1) Section 102(a) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-1) is amended--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(6) in addition to using the postcard form for the 
     purpose described in paragraph (4), accept and process any 
     otherwise valid voter registration application submitted by a 
     uniformed service voter for the purpose of voting in an 
     election for Federal office; and
       ``(7) permit each recently separated uniformed services 
     voter to vote in any election for which a voter registration 
     application has been accepted and processed under this 
     section if that voter--
       ``(A) has registered to vote under this section; and
       ``(B) is eligible to vote in that election under State 
     law.''.
       (2) The amendments made by paragraph (1) shall apply with 
     respect to elections for Federal office that occur after the 
     date of the enactment of this Act.
       (c) Definitions.--Section 107 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is 
     amended--
       (1) by redesignating paragraphs (7) and (8) as paragraphs 
     (9) and (11), respectively;
       (2) by inserting after paragraph (6) the following new 
     paragraph:
       ``(7) `recently separated uniformed services voter' means 
     any individual who was a uniformed services voter on the date 
     that is 60 days before the date on which the individual seeks 
     to vote and who--
       ``(A) presents to the election official Department of 
     Defense form 214 evidencing the individual's former status as 
     such a voter, or any other official proof of such status;
       ``(B) is no longer such a voter; and
       ``(C) is otherwise qualified to vote in that election;''; 
     and
       (3) by inserting after paragraph (9), as so redesignated, 
     the following new paragraph:
       ``(10) `uniformed services voter' means--
       ``(A) a member of a uniformed service in active service;
       ``(B) a member of the merchant marine; and
       ``(C) a spouse or dependent of a member referred to in 
     subparagraph (A) or (B) who is qualified to vote; and''.

     SEC. 565. CERTAIN TRAVEL AND TRANSPORTATION ALLOWANCES FOR 
                   DEPENDENTS OF MEMBERS OF THE ARMED FORCES WHO 
                   HAVE COMMITTED DEPENDENT ABUSE.

       Section 406(h) of title 37, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4)(A) If the Secretary concerned makes a determination 
     described in subparagraph (B) with respect to the spouse or a 
     dependent of a member described in that subparagraph and a 
     request described in subparagraph (C) has been by the spouse 
     or on behalf of such dependent, the Secretary may provide any 
     benefit authorized for a member under paragraph (1) or (3) to 
     the spouse or such dependent in lieu of providing such 
     benefit to the member.
       ``(B) A determination described in this subparagraph is a 
     determination by the commanding officer of a member that--
       ``(i) the member has committed a dependent-abuse offense 
     against the spouse or a dependent of the member;
       ``(ii) a safety plan and counseling have been provided to 
     the spouse or such dependent;
       ``(iii) the safety of the spouse or such dependent is at 
     risk; and
       ``(iv) the relocation of the spouse or such dependent is 
     advisable.
       ``(C) A request described in this subparagraph is a request 
     by the spouse of a member, or by the parent of a dependent 
     child in the case of a dependent child of a member, for 
     relocation.
       ``(D) Transportation may be provided under this paragraph 
     for household effects or a motor vehicle only if a written 
     agreement of the member, or an order of a court of competent 
     jurisdiction, gives possession of the effects or vehicle to 
     the spouse or dependent of the member concerned.
       ``(E) In this paragraph, the term `dependent-abuse offense' 
     means an offense described in section 1059(c) of title 10.''.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

     SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2004.

       (a) Waiver of Section 1009 Adjustment.--The adjustment to 
     become effective during fiscal year 2004 required by section 
     1009 of title 37, United States Code, in the rates of monthly 
     basic pay authorized members of the uniformed services shall 
     not be made.
       (b) Increase in Basic Pay.--Effective on January 1, 2004, 
     the rates of monthly basic pay for members of the uniformed 
     services within each pay grade are as follows:
       

                                            COMMISSIONED OFFICERS\1\
                   Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
                    Pay Grade                      2 or less     Over 2       Over 3       Over 4       Over 6
----------------------------------------------------------------------------------------------------------------
O-10\2\..........................................      $0.00        $0.00        $0.00        $0.00        $0.00
O-9..............................................       0.00         0.00         0.00         0.00         0.00
O-8..............................................   7,751.10     8,004.90     8,173.20     8,220.60     8,430.30
O-7..............................................   6,440.70     6,739.80     6,878.40     6,988.50     7,187.40
O-6..............................................   4,773.60     5,244.30     5,588.40     5,588.40     5,609.70
O-5..............................................   3,979.50     4,482.90     4,793.40     4,851.60     5,044.80
O-4..............................................   3,433.50     3,974.70     4,239.90     4,299.00     4,545.30
O-3\3\...........................................   3,018.90     3,422.40     3,693.90     4,027.20     4,220.10
O-2\3\...........................................   2,608.20     2,970.60     3,421.50     3,537.00     3,609.90
O-1\3\...........................................   2,264.40     2,356.50     2,848.50     2,848.50     2,848.50
                                                  --------------------------------------------------------------
                                                     Over 8     Over 10      Over 12      Over 14      Over 16
                                                  --------------------------------------------------------------
O-10\2\..........................................      $0.00        $0.00        $0.00        $0.00        $0.00
O-9..............................................       0.00         0.00         0.00         0.00         0.00
O-8..............................................   8,781.90     8,863.50     9,197.10     9,292.80     9,579.90
O-7..............................................   7,384.20     7,611.90     7,839.00     8,066.70     8,781.90
O-6..............................................   5,850.00     5,882.10     5,882.10     6,216.30     6,807.30
O-5..............................................   5,161.20     5,415.90     5,602.80     5,844.00     6,213.60
O-4..............................................   4,809.30     5,137.80     5,394.00     5,571.60     5,673.60

[[Page 13624]]

 
O-3\3\...........................................   4,431.60     4,568.70     4,794.30     4,911.30     4,911.30
O-2\3\...........................................   3,609.90     3,609.90     3,609.90     3,609.90     3,609.90
O-1\3\...........................................   2,848.50     2,848.50     2,848.50     2,848.50     2,848.50
                                                  --------------------------------------------------------------
                                                    Over 18     Over 20      Over 22      Over 24      Over 26
                                                  --------------------------------------------------------------
O-10\2\..........................................      $0.00   $12,524.70   $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\...........................................   3,609.50     3,609.50     3,609.50     3,609.50     3,609.50
O-1\3\...........................................   2,848.50     2,848.50     2,848.50     2,848.50     2,848.50
----------------------------------------------------------------------------------------------------------------
\1\Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned
  officers in pay grades O-7 through O-10 may not exceed the rate of pay for level III of the Executive Schedule
  and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the
  Executive Schedule.
\2\Subject to the preceding footnote, the rate of basic pay for an officer in this grade while serving as
  Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations,
  Chief of Staff of the Air Force, Commandant of the Marine Corps, Commandant of the Coast Guard, or commander
  of a unified or specified combatant command (as defined in section 161(c) of title 10, United States Code) is
  $14,634.20, regardless of cumulative years of service computed under section 205 of title 37, United States
  Code.
\3\This table does not apply to commissioned officers in pay grade O-1, O-2, or O-3 who have been credited with
  over 4 years of active duty service as an enlisted member or warrant officer.


     COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER
                   Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
                      Pay Grade                        2 or less    Over 2      Over 3      Over 4      Over 6
----------------------------------------------------------------------------------------------------------------
O-3E................................................       $0.00       $0.00       $0.00   $4,027.20   $4,220.10
O-2E................................................        0.00        0.00        0.00    3,537.00    3,609.90
O-1E................................................        0.00        0.00        0.00    2,848.50    3,042.30
                                                     -----------------------------------------------------------
                                                        Over 8      Over 10     Over 12     Over 14     Over 16
                                                     -----------------------------------------------------------
O-3E................................................   $4,431.60   $4,568.70   $4,794.30   $4,984.20   $5,092.80
O-2E................................................    3,724.80    3,918.60    4,068.60    4,180.20    4,180.20
O-1E................................................    3,154.50    3,269.40    3,382.20    3,537.00    3,537.00
                                                     -----------------------------------------------------------
                                                        Over 18     Over 20     Over 22     Over 24     Over 26
                                                     -----------------------------------------------------------
O-3E................................................   $5,241.30   $5,241.30   $5,241.30   $5,241.30   $5,241.30
O-2E................................................    4,180.20    4,180.20    4,180.20    4,180.20    4,180.20
O-1E................................................    3,537.00    3,537.00    3,537.00    3,537.00    3,537.00
----------------------------------------------------------------------------------------------------------------


                                               WARRANT OFFICERS\1\
                   Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
                      Pay Grade                        2 or less    Over 2      Over 3      Over 4      Over 6
----------------------------------------------------------------------------------------------------------------
W-5..................................................      $0.00       $0.00       $0.00       $0.00       $0.00
W-4..................................................   3,119.40    3,355.80    3,452.40    3,547.20    3,710.40
W-3..................................................   2,848.80    2,967.90    3,089.40    3,129.30    3,257.10
W-2..................................................   2,505.90    2,649.00    2,774.10    2,865.30    2,943.30
W-1..................................................   2,212.80    2,394.00    2,515.20    2,593.50    2,802.30
                                                      ----------------------------------------------------------
                                                         Over 8     Over 10     Over 12     Over 14     Over 16
                                                      ----------------------------------------------------------
W-5..................................................      $0.00       $0.00       $0.00       $0.00       $0.00
W-4..................................................   3,871.50    4,035.00    4,194.30    4,359.00    4,617.30
W-3..................................................   3,403.20    3,595.80    3,786.30    3,988.80    4,140.60
W-2..................................................   3,157.80    3,321.60    3,443.40    3,562.20    3,643.80
W-1..................................................   2,928.30    3,039.90    3,164.70    3,247.20    3,321.90
                                                      ----------------------------------------------------------
                                                        Over 18     Over 20     Over 22     Over 24     Over 26
                                                      ----------------------------------------------------------
W-5..................................................      $0.00   $5,360.70   $5,544.30   $5,728.80   $5,914.20
W-4..................................................   4,782.60    4,944.30    5,112.00    5,277.00    5,445.90
W-3..................................................   4,291.80    4,356.90    4,424.10    4,570.20    4,716.30
W-2..................................................   3,712.50    3,843.00    3,972.60    4,103.70    4,103.70
W-1..................................................   3,443.70    3,535.80    3,535.80    3,535.80    3,535.80
----------------------------------------------------------------------------------------------------------------
\1\Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for warrant
  officers may not exceed the rate of pay for level V of the Executive Schedule.


                                               ENLISTED MEMBERS\1\
                   Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
                      Pay Grade                        2 or less    Over 2      Over 3      Over 4      Over 6
----------------------------------------------------------------------------------------------------------------
E-9\2\..............................................       $0.00       $0.00       $0.00       $0.00       $0.00
E-8.................................................        0.00        0.00        0.00        0.00        0.00
E-7.................................................    2,145.00    2,341.20    2,430.60    2,549.70    2,642.10
E-6.................................................    1,855.50    2,041.20    2,131.20    2,218.80    2,310.00
E-5.................................................    1,700.10    1,813.50    1,901.10    1,991.10    2,130.60
E-4.................................................    1,558.20    1,638.30    1,726.80    1,814.10    1,891.50

[[Page 13625]]

 
E-3.................................................    1,407.00    1,495.50    1,585.50    1,585.50    1,585.50
E-2.................................................    1,337.70    1,337.70    1,337.70    1,337.70    1,337.70
E-1\3\..............................................    1,193.40    1,193.40    1,193.40    1,193.40    1,193.40
                                                     -----------------------------------------------------------
                                                        Over 8      Over 10     Over 12     Over 14     Over 16
                                                     -----------------------------------------------------------
E-9\2\..............................................       $0.00   $3,769.20   $3,854.70   $3,962.40   $4,089.30
E-8.................................................    3,085.50    3,222.00    3,306.30    3,407.70    3,517.50
E-7.................................................    2,801.40    2,891.10    2,980.20    3,139.80    3,219.60
E-6.................................................    2,516.10    2,596.20    2,685.30    2,763.30    2,790.90
E-5.................................................    2,250.90    2,339.70    2,367.90    2,367.90    2,367.90
E-4.................................................    1,891.50    1,891.50    1,891.50    1,891.50    1,891.50
E-3.................................................    1,585.50    1,585.50    1,585.50    1,585.50    1,585.50
E-2.................................................    1,337.70    1,337.70    1,337.70    1,337.70    1,337.70
E-1\3\..............................................    1,193.40    1,193.40    1,193.40    1,193.40    1,193.40
                                                     -----------------------------------------------------------
                                                        Over 18     Over 20     Over 22     Over 24     Over 26
                                                     -----------------------------------------------------------
E-9\2\..............................................   $4,216.50   $4,421.10   $4,594.20   $4,776.60   $5,054.70
E-8.................................................    3,715.50    3,815.70    3,986.40    4,081.20    4,314.30
E-7.................................................    3,295.50    3,341.70    3,498.00    3,599.10    3,855.00
E-6.................................................    2,809.80    2,809.80    2,809.80    2,809.80    2,809.80
E-5.................................................    2,367.90    2,367.90    2,367.90    2,367.90    2,367.90
E-4.................................................    1,891.50    1,891.50    1,891.50    1,891.50    1,891.50
E-3.................................................    1,585.50    1,585.50    1,585.50    1,585.50    1,585.50
E-2.................................................    1,337.70    1,337.70    1,337.70    1,337.70    1,337.70
E-1\3\..............................................    1,193.40    1,193.40    1,193.40    1,193.40    1,193.40
----------------------------------------------------------------------------------------------------------------
\1\Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for enlisted
  members may not exceed the rate of pay for level V of the Executive Schedule.
\2\Subject to the preceding footnote, the rate of basic pay for an enlisted member in this grade while serving
  as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force,
  Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, is $6,090.90, regardless
  of cumulative years of service computed under section 205 of title 37, United States Code.
\3\In the case of members in pay grade E-1 who have served less than 4 months on active duty, the rate of basic
  pay is $1,104.00.

     SEC. 602. REVISED ANNUAL PAY ADJUSTMENT PROCESS.

       (a) Requirement for Annual Adjustment.--Subsection (a) of 
     section 1009 of title 37, United States Code, is amended to 
     read as follows:
       ``(a) Requirement for Annual Adjustment.--Effective on 
     January 1 of each year, the rates of basic pay for members of 
     the uniformed services under section 203(a) of this title 
     shall be increased under this section.''.
       (b) Effectiveness of Adjustment.--Subsection (b) of such 
     section is amended by striking ``shall--'' and all that 
     follows and inserting ``shall have the force and effect of 
     law.''.
       (c) Percentage of Adjustment.--Subsection (c) of such 
     section is amended to read as follow:
       ``(c) Equal Percentage Increase for All Members.--(1) An 
     adjustment made under this section in a year shall provide 
     all eligible members with an increase in the monthly basic 
     pay that is the percentage (rounded to the nearest one-tenth 
     of 1 percent) by which the ECI for the base quarter of the 
     year before the preceding year exceeds the ECI for the base 
     quarter of the second year before the preceding calendar year 
     (if at all).
       ``(2) Notwithstanding paragraph (1), but subject to 
     subsection (d), the percentage of the adjustment taking 
     effect under this section during each of fiscal years 2004, 
     2005, and 2006, shall be one-half of 1 percentage point 
     higher than the percentage that would otherwise be applicable 
     under such paragraph.''.
       (d) Repeal of Allocation Authority.--Such section is 
     further amended--
       (1) by striking subsections (d), (e), and (g); and
       (2) redesignating subsection (f) as subsection (d).
       (e) Presidential Determination of Need for Alternative Pay 
     Adjustment.--Such section, as amended by subsection (d), is 
     further amended adding at the end the following new 
     subsection:
       ``(e) Presidential Determination of Need for Alternative 
     Pay Adjustment.--(1) If, because of national emergency or 
     serious economic conditions affecting the general welfare, 
     the President considers the pay adjustment which would 
     otherwise be required by this section in any year to be 
     inappropriate, the President shall prepare and transmit to 
     Congress before September 1 of the preceding year a plan for 
     such alternative pay adjustments as the President considers 
     appropriate, together with the reasons therefor.
       ``(2) In evaluating an economic condition affecting the 
     general welfare under this subsection, the President shall 
     consider pertinent economic measures including the Indexes of 
     Leading Economic Indicators, the Gross National Product, the 
     unemployment rate, the budget deficit, the Consumer Price 
     Index, the Producer Price Index, the Employment Cost Index, 
     and the Implicit Price Deflator for Personal Consumption 
     Expenditures.
       ``(3) The President shall include in the plan submitted to 
     Congress under paragraph (1) an assessment of the impact that 
     the alternative pay adjustments proposed in the plan would 
     have on the Government's ability to recruit and retain well-
     qualified persons for the uniformed services.''.
       (f) Definitions.--Such section, as amended by subsection 
     (e), is further amended by adding at the end the following:
       ``(f) Definitions.--In this section:
       ``(1) The term `ECI' means the Employment Cost Index (wages 
     and salaries, private industry workers) published quarterly 
     by the Bureau of Labor Statistics.
       ``(2) The term `base quarter' for any year is the 3-month 
     period ending on September 30 of such year.''.

     SEC. 603. COMPUTATION OF BASIC PAY RATE FOR COMMISSIONED 
                   OFFICERS WITH PRIOR ENLISTED OR WARRANT OFFICER 
                   SERVICE.

       Section 203(d)(2) of title 37, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``enlisted member,'' 
     and all that follows through the period and inserting 
     ``enlisted member.''; and
       (2) by striking subparagraph (B) and inserting the 
     following new subparagraph:
       ``(B) Service as a warrant officer, as an enlisted member, 
     or as a warrant officer and an enlisted member, for which at 
     least 1,460 points have been credited to the officer for the 
     purposes of section 12732(a)(2) of title 10.''.

     SEC. 604. PILOT PROGRAM OF MONTHLY SUBSISTENCE ALLOWANCE FOR 
                   NON-SCHOLARSHIP SENIOR ROTC MEMBERS COMMITTING 
                   TO CONTINUE ROTC PARTICIPATION AS SOPHOMORES.

       (a) Authority.--Section 209 of title 37, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(e) Non-Scholarship Senior ROTC Members Not in Advanced 
     Training.--(1) A member of the Senior Reserve Officers' 
     Training Corps described in subsection (b) is entitled to a 
     monthly subsistence allowance at a rate prescribed under 
     subsection (a).
       ``(2) To be entitled to receive a subsistence allowance 
     under this subsection, a member must--
       ``(A) be a citizen of the United States;
       ``(B) enlist in an armed force under the jurisdiction of 
     the Secretary of the military department concerned for the 
     period prescribed by the Secretary;
       ``(C) contract, with the consent of his parent or guardian 
     if he is a minor, with the Secretary of the military 
     department concerned, or his designated representative, to 
     serve for the period required by the program;
       ``(D) agree in writing that he will accept an appointment, 
     if offered, as a commissioned officer in the Army, Navy, Air 
     Force, or Marine Corps, as the case may be, and that he will 
     serve in the armed forces for the period prescribed by the 
     Secretary;
       ``(E) successfully complete the first year of a four-year 
     Senior Reserve Officers' Training Corps course;
       ``(F) not be eligible for advanced training under section 
     2104 of title 10;
       ``(G) not be appointed under section 2107 of title 10; and
       ``(H) execute a certificate of loyalty in such form as the 
     Secretary of Defense prescribes or take a loyalty oath as 
     prescribed by the Secretary.
       ``(3) The first month for which a monthly subsistence 
     allowance is payable to a member under this subsection shall 
     be a month designated by the Secretary of the military 
     department concerned that begins after the member satisfies 
     the condition in subparagraph (E) of paragraph (2).

[[Page 13626]]

     Payment of the subsistence allowance shall continue for as 
     long as the member continues to meet the conditions in such 
     paragraph and the member's obligations under the enlistment, 
     contract, and agreement entered into as described in such 
     paragraph. In no event, however, may a member receive the 
     monthly subsistence allowance for more than 20 months.
       ``(4) In this subsection, the term `program' means the 
     Senior Reserve Officers' Training Corps of an armed force.
       ``(5) No subsistence allowance may be paid under this 
     subsection with respect to a contract that is entered into as 
     described in paragraph (2)(C) after December 31, 2006.''.
       (b) Effective Date.--Subsection (e) of section 209 of title 
     37, United States Code (as added by subsection (a)), shall 
     take effect on January 1, 2004.

     SEC. 605. BASIC ALLOWANCE FOR HOUSING FOR EACH MEMBER MARRIED 
                   TO ANOTHER MEMBER WITHOUT DEPENDENTS WHEN BOTH 
                   SPOUSES ARE ON SEA DUTY.

       (a) Entitlement.--Section 403(f)(2)(C) of title 37, United 
     States Code, is amended--
       (1) in the first sentence, by striking ``are jointly 
     entitled to one basic allowance for housing'' and inserting 
     ``are each entitled to a basic allowance for housing''; and
       (2) by striking ``The amount of the allowance'' and all 
     that follows and inserting ``The amount of the allowance 
     payable to a member under the preceding sentence shall be 
     based on the without dependents rate for the pay grade of the 
     member.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2003.

     SEC. 606. INCREASED RATE OF FAMILY SEPARATION ALLOWANCE.

       (a) Rate.--Section 427(a)(1) of title 37, United States 
     Code, is amended by striking ``$100'' and inserting ``$250''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2003.

           Subtitle B--Bonuses and Special and Incentive Pays

     SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
                   AUTHORITIES FOR RESERVE FORCES.

       (a) Selected Reserve Reenlistment Bonus.--Section 308b(f) 
     of title 37, United States Code, is amended by striking 
     ``December 31, 2003'' and inserting ``December 31, 2004''.
       (b) Selected Reserve Enlistment Bonus.--Section 308c(e) of 
     such title is amended by striking ``December 31, 2003'' and 
     inserting ``December 31, 2004''.
       (c) Special Pay for Enlisted Members Assigned to Certain 
     High Priority Units.--Section 308d(c) of such title is 
     amended by striking ``December 31, 2003'' and inserting 
     ``December 31, 2004''.
       (d) Selected Reserve Affiliation Bonus.--Section 308e(e) of 
     such title is amended by striking ``December 31, 2003'' and 
     inserting ``December 31, 2004''.
       (e) Ready Reserve Enlistment and Reenlistment Bonus.--
     Section 308h(g) of such title is amended by striking 
     ``December 31, 2003'' and inserting ``December 31, 2004''.
       (f) Prior Service Enlistment Bonus.--Section 308i(f) of 
     such title is amended by striking ``December 31, 2003'' and 
     inserting ``December 31, 2004''.

     SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
                   AUTHORITIES FOR CERTAIN HEALTH CARE 
                   PROFESSIONALS.

       (a) Nurse Officer Candidate Accession Program.--Section 
     2130a(a)(1) of title 10, United States Code, is amended by 
     striking ``December 31, 2003'' and inserting ``December 31, 
     2004''.
       (b) Repayment of Education Loans for Certain Health 
     Professionals Who Serve in the Selected Reserve.--Section 
     16302(d) of such title is amended by striking ``January 1, 
     2004'' and inserting ``January 1, 2005''.
       (c) Accession Bonus for Registered Nurses.--Section 
     302d(a)(1) of title 37, United States Code, is amended by 
     striking ``December 31, 2003'' and inserting ``December 31, 
     2004''.
       (d) Incentive Special Pay for Nurse Anesthetists.--Section 
     302e(a)(1) of such title is amended by striking ``December 
     31, 2003'' and inserting ``December 31, 2004''.
       (e) Special Pay for Selected Reserve Health Professionals 
     in Critically Short Wartime Specialties.--Section 302g(f) of 
     such title is amended by striking ``December 31, 2003'' and 
     inserting ``December 31, 2004''.
       (f) Accession Bonus for Dental Officers.--Section 
     302h(a)(1) of such title is amended by striking ``December 
     31, 2003'' and inserting ``December 31, 2004''.

     SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 
                   AUTHORITIES FOR NUCLEAR OFFICERS.

       (a) Special Pay for Nuclear-Qualified Officers Extending 
     Period of Active Service.--Section 312(e) of title 37, United 
     States Code, is amended by striking ``December 31, 2003'' and 
     inserting ``December 31, 2004''.
       (b) Nuclear Career Accession Bonus.--Section 312b(c) of 
     such title is amended by striking ``December 31, 2003'' and 
     inserting ``December 31, 2004''.
       (c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) 
     of such title is amended by striking ``December 31, 2003'' 
     and inserting ``December 31, 2004''.

     SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY 
                   AUTHORITIES.

       (a) Aviation Officer Retention Bonus.--Section 301b(a) of 
     title 37, United States Code, is amended by striking 
     ``December 31, 2003'' and inserting ``December 31, 2004''.
       (b) Reenlistment Bonus for Active Members.--Section 308(g) 
     of such title is amended by striking ``December 31, 2003'' 
     and inserting ``December 31, 2004''.
       (c) Enlistment Bonus for Active Members.--Section 309(e) of 
     such title is amended by striking ``December 31, 2003'' and 
     inserting ``December 31, 2004''.
       (d) Retention Bonus for Members With Critical Military 
     Skills.--Section 323(i) of such title is amended by striking 
     ``December 31, 2003'' and inserting ``December 31, 2004''.
       (e) Accession Bonus for New Officers in Critical Skills.--
     Section 324(g) of such title is amended by striking 
     ``December 31, 2003'' and inserting ``December 31, 2004''.

     SEC. 615. SPECIAL PAY FOR RESERVE OFFICERS HOLDING POSITIONS 
                   OF UNUSUAL RESPONSIBILITY AND OF CRITICAL 
                   NATURE.

       (a) Eligibility.--Section 306 of title 37, United States 
     Code, is amended--
       (1) in subsection (a), by inserting ``under section 201 of 
     this title, or the compensation under section 206 of this 
     title,'' after ``is entitled to the basic pay'';
       (2) by redesignating subsections (b) through (e) as 
     subsections (c) through (f), respectively; and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) In the case of an officer who is a member of a 
     reserve component, special pay under subsection (a) shall be 
     paid at the rate of \1/30\ of the monthly rate authorized by 
     that subsection for each day of the performance of duties 
     described in that subsection.''.
       (b) Limitation.--Subsection (d) of such section, as 
     redesignated by subsection (a)(2) of this section, is 
     amended--
       (1) by inserting ``(1)'' after ``(d)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Of the number of officers in the Selected Reserve of 
     the Ready Reserve of an armed force who are not on active 
     duty (other than for training), not more than 5 percent of 
     the number of such officers in each of the pay grades O-3 and 
     below, and not more than 10 percent of the number of such 
     officers in pay grade O-4, O-5, or O-6, may be paid special 
     pay under subsection (b).''.

     SEC. 616. ASSIGNMENT INCENTIVE PAY FOR SERVICE IN KOREA.

       (a) Authority.--(1) Chapter 5 of title 37, United States 
     Code, is amended by inserting after section 307a the 
     following new section:

     ``Sec. 307b. Special pay: Korea service incentive pay

       ``(a) Authority.--The Secretary concerned shall pay monthly 
     incentive pay under this section to a member of a uniformed 
     service for the period that the member performs service in 
     Korea while entitled to basic pay.
       ``(b) Rate.--The monthly rate of incentive pay payable to a 
     member under this section is $100.
       ``(c) Relationship to Other Pay and Allowances.--Incentive 
     pay paid to a member under this section is in addition to any 
     other pay and allowances to which the member is entitled.
       ``(d) Status Not Affected by Temporary Duty or Leave.--The 
     service of a member in an assignment referred to in 
     subsection (a) shall not be considered discontinued during 
     any period that the member is not performing service in the 
     assignment by reason of temporary duty performed by the 
     member pursuant to orders or absence of the member for 
     authorized leave.
       ``(e) Termination of Authority.--Special pay may not be 
     paid under this section for months beginning after December 
     31, 2005.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     307a the following new item:

``307b. Special pay: Korea service incentive pay.''.

       (b) Effective Date.--Section 307(b) of title 37, United 
     States Code (as added by subsection (a)), shall take effect 
     on October 1, 2003.

     SEC. 617. INCREASED MAXIMUM AMOUNT OF REENLISTMENT BONUS FOR 
                   ACTIVE MEMBERS.

       (a) Maximum Amount.--Section 308(a)(2)(B) of title 37, 
     United States Code, is amended by striking ``$60,000'' and 
     inserting ``$70,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2003, and shall apply with 
     respect to reenlistments and extensions of enlistments that 
     take effect on or after that date.

     SEC. 618. PAYMENT OF SELECTED RESERVE REENLISTMENT BONUS TO 
                   MEMBERS OF SELECTED RESERVE WHO ARE MOBILIZED.

       Section 308b of title 37, United States Code, is amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Payment to Mobilized Members.--In the case of a 
     member entitled to a bonus under this section who is called 
     or ordered to active duty, any amount of such bonus that is 
     payable to the member during the period of active duty of the 
     member shall be paid the member during that period of active 
     duty without regard to the fact that the member is serving on 
     active duty pursuant to such call or order to active duty.''.

[[Page 13627]]



     SEC. 619. INCREASED RATE OF HOSTILE FIRE AND IMMINENT DANGER 
                   SPECIAL PAY.

       (a) Rate.--Section 310(a) of title 37, United States Code, 
     is amended by striking ``$150'' and inserting ``$225''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2003.

     SEC. 620. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER 
                   SPECIAL PAY FOR RESERVE COMPONENT MEMBERS ON 
                   INACTIVE DUTY.

       (a) Expansion and Clarification of Current Law.--Section 
     310 of title 37, United States Code, is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by striking subsection (a) and inserting the following 
     new subsections:
       ``(a) Eligibility and Special Pay Amount.--Under 
     regulations prescribed by the Secretary of Defense, a member 
     of a uniformed service may be paid special pay at the rate of 
     $150 for any month in which--
       ``(1) the member was entitled to basic pay or compensation 
     under section 204 or 206 of this title; and
       ``(2) the member--
       ``(A) was subject to hostile fire or explosion of hostile 
     mines;
       ``(B) was on duty in an area in which the member was in 
     imminent danger of being exposed to hostile fire or explosion 
     of hostile mines and in which, during the period the member 
     was on duty in the area, other members of the uniformed 
     services were subject to hostile fire or explosion of hostile 
     mines;
       ``(C) was killed, injured, or wounded by hostile fire, 
     explosion of a hostile mine, or any other hostile action; or
       ``(D) was on duty in a foreign area in which the member was 
     subject to the threat of physical harm or imminent danger on 
     the basis of civil insurrection, civil war, terrorism, or 
     wartime conditions.
       ``(b) Continuation During Hospitalization.--A member 
     covered by subsection (a)(2)(C) who is hospitalized for the 
     treatment of the injury or wound may be paid special pay 
     under this section for not more than three additional months 
     during which the member is so hospitalized.''.
       (b) Clerical Amendments.--Such section is further amended--
       (1) in subsection (c), as redesignated by subsection 
     (a)(1), by inserting ``Limitations and Administration.--'' 
     before ``(1)''; and
       (2) in subsection (d), as redesignated by subsection 
     (a)(1), by inserting ``Determinations of Fact.--'' before 
     ``Any''.
       (c) Effective Date.--Subsections (a) and (b) of section 310 
     of title 37, United States Code, as added by subsection 
     (a)(2), shall take effect as of September 11, 2001.

     SEC. 621. EXPANSION OF OVERSEAS TOUR EXTENSION INCENTIVE 
                   PROGRAM TO OFFICERS.

       (a) Special Pay or Bonus for Extending Overseas Tour of 
     Duty.--(1) Subsections (a) and (b) of section 314 of title 
     37, United States Code, are amended by striking ``an enlisted 
     member'' and inserting ``a member''.
       (2)(A) The heading of such section is amended to read as 
     follows:

     ``Sec. 314. Special pay or bonus: qualified members extending 
       duty at designated locations overseas''.

       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 5 of such title is 
     amended to read as follows:

``314. Special pay or bonus: qualified members extending duty at 
              designated locations overseas.''.

       (b) Rest and Recuperative Absence in Lieu of Pay or 
     Bonus.--(1) Subsection (a) of section 705 of title 10, United 
     States Code, is amended by striking ``an enlisted member'' 
     and inserting ``a member''.
       (2)(A) The heading of such section is amended to read as 
     follows:

     ``Sec. 705. Rest and recuperation absence: qualified members 
       extending duty at designated locations overseas''.

       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 40 of such title is 
     amended to read as follows:

``705. Rest and recuperation absence: qualified members extending duty 
              at designated locations overseas.''.

     SEC. 622. ELIGIBILITY OF WARRANT OFFICERS FOR ACCESSION BONUS 
                   FOR NEW OFFICERS IN CRITICAL SKILLS.

       (a) Eligibility.--Section 324 of title 37, United States 
     Code, is amended in subsections (a) and (f)(1) by inserting 
     ``or an appointment'' after ``commission''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2003.

     SEC. 623. INCENTIVE BONUS FOR CONVERSION TO MILITARY 
                   OCCUPATIONAL SPECIALTY TO EASE PERSONNEL 
                   SHORTAGE.

       (a) In General.--Chapter 5 of title 37, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 326. Incentive bonus: conversion to military 
       occupational specialty to ease personnel shortage

       ``(a) Incentive Bonus Authorized.--The Secretary concerned 
     may pay a bonus under this section to an eligible member of 
     the armed forces who executes a written agreement to convert 
     to, and serve for a period of not less than four years in, a 
     military occupational specialty for which there is a shortage 
     of trained and qualified personnel.
       ``(b) Eligible Members.--A member is eligible for a bonus 
     under this section if--
       ``(1) the member is entitled to basic pay; and
       ``(2) at the time the agreement under subsection (a) is 
     executed, the member is serving in--
       ``(A) pay grade E-6 with not more than 10 years of service 
     computed under section 205 of this title; or
       ``(B) pay grade E-5 or below, regardless of years of 
     service.
       ``(c) Amount and Payment of Bonus.--(1) A bonus under this 
     section may not exceed $4,000.
       ``(2) A bonus payable under this section shall be disbursed 
     in one lump sum when the member's conversion to the military 
     occupational specialty is approved by the chief personnel 
     officer of the member's armed force.
       ``(d) Relationship to Other Pay and Allowances.--A bonus 
     paid to a member under this section is in addition to any 
     other pay and allowances to which the member is entitled.
       ``(e) Repayment of Bonus.--(1) A member who receives a 
     bonus for conversion to a military occupational specialty 
     under this section and who, voluntarily or because of 
     misconduct, fails to serve in such military occupational 
     specialty for the period specified in the agreement shall 
     refund to the United States an amount that bears the same 
     ratio to the bonus amount paid to the member as the unserved 
     part of such period bears to the total period agreed to be 
     served.
       ``(2) An obligation to reimburse the United States imposed 
     under paragraph (1) is, for all purposes, a debt owed to the 
     United States.
       ``(3) A discharge in bankruptcy under title 11 that is 
     entered less than five years after the termination of the 
     agreement for which a bonus was paid under this section shall 
     not discharge the person signing such agreement from the debt 
     arising under paragraph (1).
       ``(4) Under regulations prescribed pursuant to subsection 
     (f), the Secretary concerned may waive, in whole or in part, 
     a refund required under paragraph (1) if the Secretary 
     determines that recovery would be against equity and good 
     conscience or would be contrary to the best interests of the 
     United States.
       ``(f) Regulations.--The Secretaries concerned shall 
     prescribe regulations to carry out this section. Regulations 
     prescribed by the Secretary of a military department shall be 
     subject to the approval of the Secretary of Defense.
       ``(g) Termination of Authority.--No agreement under this 
     section may be entered into after December 31, 2006.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``326. Incentive bonus: conversion to military occupational specialty 
              to ease personnel shortage.''.

            Subtitle C--Travel and Transportation Allowances

     SEC. 631. SHIPMENT OF PRIVATELY OWNED MOTOR VEHICLE WITHIN 
                   CONTINENTAL UNITED STATES.

       (a) Authority To Procure Contract for Transportation of 
     Motor Vehicle.--Section 2634 of title 10, United States Code, 
     is amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following new 
     subsection (h):
       ``(h) In the case of a member's change of permanent station 
     described in subparagraph (A) or (B) of subsection (i)(1), 
     the Secretary concerned may authorize the member to arrange 
     for the shipment of the motor vehicle in lieu of 
     transportation at the expense of the United States under this 
     section. The Secretary concerned may pay the member a 
     monetary allowance in lieu of transportation, as established 
     under section 404(d)(1) of title 37, and the member shall be 
     responsible for any transportation costs in excess of such 
     allowance.''.
       (b) Allowance for Self-Procurement of Transportation of 
     Motor Vehicle.--Section 406(b)(1)(B) of title 37, United 
     States Code, is amended by adding at the end the following 
     new sentence: ``In the case of the transportation of a motor 
     vehicle arranged by the member under section 2634(h) of title 
     10, the Secretary concerned may pay the member, upon 
     presentation of proof of shipment, a monetary allowance in 
     lieu of transportation, as established under section 
     404(d)(1) of this title.''.

     SEC. 632. PAYMENT OR REIMBURSEMENT OF STUDENT BAGGAGE STORAGE 
                   COSTS FOR DEPENDENT CHILDREN OF MEMBERS 
                   STATIONED OVERSEAS.

       Section 430(b)(2) of title 37, United States Code, is 
     amended in the first sentence by inserting before the period 
     at the end the following: ``or during a different period in 
     the same fiscal year selected by the member''.

     SEC. 633. CONTRACTS FOR FULL REPLACEMENT VALUE FOR LOSS OR 
                   DAMAGE TO PERSONAL PROPERTY TRANSPORTED AT 
                   GOVERNMENT EXPENSE.

       (a) Authority.--Chapter 157 of title 10, United States 
     Code, is amended by inserting after section 2636 the 
     following new section:

     ``Sec. 2636a. Loss or damage to personal property transported 
       at Government expense: full replacement value; deduction 
       from amounts due carriers

       ``(a) Procurement of Coverage.--The Secretary of Defense 
     may include in a contract for the transportation of baggage 
     and household effects for members of the armed forces at 
     Government expense a clause that requires the carrier

[[Page 13628]]

     under the contract to pay the full replacement value for loss 
     or damage to the baggage or household effects transported 
     under the contract.
       ``(b) Deduction Upon Failure of Carrier To Settle.--In the 
     case of a loss or damage of baggage or household effects 
     transported under a contract with a carrier that includes a 
     clause described in subsection (a), the amount equal to the 
     full replacement value for the baggage or household effects 
     may be deducted from the amount owed by the United States to 
     the carrier under the contract upon a failure of the carrier 
     to settle a claim for such loss or total damage within a 
     reasonable time. The amount so deducted shall be remitted to 
     the claimant, notwithstanding section 2636 of this title.
       ``(c) Inapplicability of Related Limits.--The limitations 
     on amounts of claims that may be settled under section 
     3721(b) of title 31 do not apply to a carrier's contractual 
     obligation to pay full replacement value under this section.
       ``(d) Regulations.--The Secretary of Defense shall 
     prescribe regulations for administering this section. The 
     regulations shall include policies and procedures for 
     validating and evaluating claims, validating proper 
     claimants, and determining reasonable time for settlement.
       ``(e) Transportation Defined.--In this section, the terms 
     `transportation' and `transport', with respect to baggage or 
     household effects, includes packing, crating, drayage, 
     temporary storage, and unpacking of the baggage or household 
     effects.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2636 the following new item:

``2636a. Loss or damage to personal property transported at Government 
              expense: full replacement value; deduction from amounts 
              due carriers.''.

     SEC  634. TRANSPORTATION OF DEPENDENTS TO PRESENCE OF MEMBERS 
                   OF THE ARMED FORCES WHO ARE RETIRED FOR ILLNESS 
                   OR INJURY INCURRED IN ACTIVE DUTY.

       Section 411h(a) of title 37, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraph (3)'';
       (2) by redesignating paragraph (2) as paragraph (3);
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Under the regulations prescribed under paragraph (1), 
     transportation described in subsection (c) may be provided 
     for not more than two family members of a member otherwise 
     described in paragraph (3) who is retired for an illness or 
     injury described in that paragraph if the attending physician 
     or surgeon and the commander or head of the military medical 
     facility exercising control over the member determine that 
     the presence of the family member would be in the best 
     interests of the family member.''; and
       (4) in paragraph (3), as so redesignated, by striking 
     ``paragraph (1)'' and inserting ``paragraph (1) or (2)''.

             Subtitle D--Retired Pay and Survivor Benefits

     SEC. 641. SPECIAL RULE FOR COMPUTATION OF RETIRED PAY BASE 
                   FOR COMMANDERS OF COMBATANT COMMANDS.

       (a) Treatment Equivalent to Chiefs of Service.--Subsection 
     (i) of section 1406 of title 10, United States Code, is 
     amended by inserting ``as a commander of a unified or 
     specified combatant command (as defined in section 161(c) of 
     this title),'' after ``Chief of Service,''.
       (b) Conforming Amendment.--The heading for such subsection 
     is amended by inserting ``Commanders of Combatant Commands,'' 
     after ``Chiefs of Service,''.
       (c) Effective Date and Applicability.--The amendments made 
     by this section shall take effect on the date of the 
     enactment of this Act and shall apply with respect to 
     officers who first become entitled to retired pay under title 
     10, United States Code, on or after such date.

     SEC. 642. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVING 
                   SPOUSES OF RESERVES NOT ELIGIBLE FOR RETIREMENT 
                   WHO DIE FROM A CAUSE INCURRED OR AGGRAVATED 
                   WHILE ON INACTIVE-DUTY TRAINING.

       (a) Surviving Spouse Annuity.--Paragraph (1) of section 
     1448(f) of title 10, United States Code, is amended to read 
     as follows:
       ``(1) Surviving spouse annuity.--The Secretary concerned 
     shall pay an annuity under this subchapter to the surviving 
     spouse of--
       ``(A) a person who is eligible to provide a reserve-
     component annuity and who dies--
       ``(i) before being notified under section 12731(d) of this 
     title that he has completed the years of service required for 
     eligibility for reserve-component retired pay; or
       ``(ii) during the 90-day period beginning on the date he 
     receives notification under section 12731(d) of this title 
     that he has completed the years of service required for 
     eligibility for reserve-component retired pay if he had not 
     made an election under subsection (a)(2)(B) to participate in 
     the Plan; or
       ``(B) a member of a reserve component not described in 
     subparagraph (A) who dies from an injury or illness incurred 
     or aggravated in the line of duty during inactive-duty 
     training.''.
       (b) Conforming Amendment.--The heading for subsection (f) 
     of section 1448 of such title is amended by inserting ``or 
     Before'' after ``Dying When''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as of September 10, 2001, and shall apply 
     with respect to performance of inactive-duty training (as 
     defined in section 101(d) of title 10, United States Code) on 
     or after that date.

     SEC. 643. INCREASE IN DEATH GRATUITY PAYABLE WITH RESPECT TO 
                   DECEASED MEMBERS OF THE ARMED FORCES.

       (a) Amount of Death Gratuity.--Section 1478(a) of title 10, 
     United States Code, is amended by striking ``$6,000'' and 
     inserting ``$12,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as of September 11, 2001, and shall apply 
     with respect to deaths occurring on or after that date.
       (c) Death Benefits Study.--(1) It is the sense of Congress 
     that--
       (A) the sacrifices made by the members of the United States 
     Armed Forces are significant and are worthy of meaningful 
     expressions of gratitude by the Government of the United 
     States, especially in cases of sacrifice through loss of 
     life;
       (B) the tragic events of September 11, 2001, and subsequent 
     worldwide combat operations in the Global War on Terrorism 
     and in Operation Iraqi Freedom have highlighted the 
     significant disparity between the financial benefits for 
     survivors of deceased members of the Armed Forces and the 
     financial benefits for survivors of civilian victims of 
     terrorism;
       (C) the death benefits system composed of the death 
     gratuity paid by the Department of Defense to survivors of 
     members of the Armed Forces, the subsequently established 
     Servicemembers' Group Life Insurance (SGLI) program, and 
     other benefits for survivors of deceased members has evolved 
     over time, but there are increasing indications that the 
     evolution of such benefits has failed to keep pace with the 
     expansion of indemnity and compensation available to segments 
     of United States society outside the Armed Forces, a failure 
     that is especially apparent in a comparison of the benefits 
     for survivors of deceased members with the compensation 
     provided to families of civilian victims of terrorism; and
       (D) while Servicemembers' Group Life Insurance (SGLI) 
     provides an assured source of life insurance for members of 
     the Armed Forces that benefits the survivors of such members 
     upon death, the SGLI program requires the members to pay for 
     that life insurance coverage and does not provide an assured 
     minimum benefit.
       (2) The Secretary of Defense shall carry out a study of the 
     totality of all current and projected death benefits for 
     survivors of deceased members of the Armed Forces to 
     determine the adequacy of such benefits. In carrying out the 
     study, the Secretary shall--
       (A) compare the Federal Government death benefits for 
     survivors of deceased members of the Armed Forces with 
     commercial and other private sector death benefits plans for 
     segments of United States society outside the Armed Forces, 
     and also with the benefits available under Public Law 107-37 
     (115 Stat. 219) (commonly known as the ``Public Safety 
     Officer Benefits Bill'');
       (B) assess the personnel policy effects that would result 
     from a revision of the death gratuity benefit to provide a 
     stratified schedule of entitlement amounts that places a 
     premium on deaths resulting from participation in combat or 
     from acts of terrorism;
       (C) assess the adequacy of the current system of Survivor 
     Benefit Plan annuities and Dependency and Indemnity 
     Compensation and the anticipated effects of an elimination of 
     the offset of Survivor Benefit Plan annuities by Dependency 
     and Indemnity Compensation;
       (D) examine the commercial insurability of members of the 
     Armed Forces in high risk military occupational specialties; 
     and
       (E) examine the extent to which private trusts and 
     foundations engage in fundraising or otherwise provide 
     financial benefits for survivors of deceased members of the 
     Armed Forces.
       (3) Not later than March 1, 2004, the Secretary shall 
     submit a report on the results of the study under paragraph 
     (2) to the Committees on Armed Services of the Senate and the 
     House of Representatives. The report shall include the 
     following:
       (A) The assessments, analyses, and conclusions resulting 
     from the study.
       (B) Proposed legislation to address the deficiencies in the 
     system of Federal Government death benefits for survivors of 
     deceased members of the Armed Forces that are identified in 
     the course of the study.
       (C) An estimate of the costs of the system of death 
     benefits provided for in the proposed legislation.
       (4) The Comptroller General shall conduct a study to 
     identify the death benefits that are payable under Federal, 
     State, and local laws for employees of the Federal 
     Government, State governments, and local governments. Not 
     later than November 1, 2003, the Comptroller General shall 
     submit a report containing the results of the study to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives.

     SEC. 644. FULL PAYMENT OF BOTH RETIRED PAY AND COMPENSATION 
                   TO DISABLED MILITARY RETIREES.

       (a) Restoration of Full Retired Pay Benefits.--Section 1414 
     of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 1414. Members eligible for retired pay who have 
       service-connected disabilities: payment of retired pay and 
       veterans' disability compensation

       ``(a) Payment of Both Retired Pay and Compensation.--Except 
     as provided in subsection (b), a member or former member of 
     the uniformed services who is entitled to retired pay (other 
     than as specified in subsection (c)) and who is also entitled 
     to veterans' disability compensation is entitled to be paid 
     both without regard to sections 5304 and 5305 of title 38.
       ``(b) Special Rule for Chapter 61 Career Retirees.--The 
     retired pay of a member retired

[[Page 13629]]

     under chapter 61 of this title with 20 years or more of 
     service otherwise creditable under section 1405 of this title 
     at the time of the member's retirement is subject to 
     reduction under sections 5304 and 5305 of title 38, but only 
     to the extent that the amount of the member's retired pay 
     under chapter 61 of this title exceeds the amount of retired 
     pay to which the member would have been entitled under any 
     other provision of law based upon the member's service in the 
     uniformed services if the member had not been retired under 
     chapter 61 of this title.
       ``(c) Exception.--Subsection (a) does not apply to a member 
     retired under chapter 61 of this title with less than 20 
     years of service otherwise creditable under section 1405 of 
     this title at the time of the member's retirement.
       ``(d) Definitions.--In this section:
       ``(1) The term `retired pay' includes retainer pay, 
     emergency officers' retirement pay, and naval pension.
       ``(2) The term `veterans' disability compensation' has the 
     meaning given the term `compensation' in section 101(13) of 
     title 38.''.
       (b) Repeal of Special Compensation Programs.--Sections 1413 
     and 1413a of such title are repealed.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by striking the items 
     relating to sections 1413, 1413a, and 1414 and inserting the 
     following:

``1414. Members eligible for retired pay who have service-connected 
              disabilities: payment of retired pay and veterans' 
              disability compensation.''.

       (d) Effective Date.--The amendments made by this section 
     shall take effect on--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted, if later than the 
     date specified in paragraph (1).
       (e) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person by reason of section 1414 of title 10, 
     United States Code, as amended by subsection (a), for any 
     period before the effective date applicable under subsection 
     (d).

                       Subtitle E--Other Matters

     SEC. 651. RETENTION OF ACCUMULATED LEAVE.

       (a) Higher Maximum Limitation Associated With Certain 
     Service.--Section 701(f) of title 10, United States Code, is 
     amended to read as follows:
       ``(f)(1) The Secretary of Defense may authorize a member 
     eligible under paragraph (2) to retain 120 days' leave 
     accumulated by the end of the fiscal year described in such 
     paragraph.
       ``(2) Paragraph (1) applies to a member who--
       ``(A) during a fiscal year--
       ``(i) serves on active duty for a continuous period of at 
     least 120 days in an area in which the member is entitled to 
     special pay under section 310(a) of title 37; or
       ``(ii) is assigned to a deployable ship, to a mobile unit, 
     to duty in support of a contingency operation, or to other 
     duty designated for the purpose of this section; and
       ``(B) except for paragraph (1), would lose any accumulated 
     leave in excess of 60 days at the end of the fiscal year.
       ``(3) Leave in excess of 60 days accumulated under this 
     subsection is lost unless it is used by the member before the 
     end of the third fiscal year after the fiscal year in which 
     the service described in paragraph (2) terminated.''.
       (b) Savings Provisions.--Regulations in effect under 
     subsection (f) of section 701 of title 10, United States 
     Code, on the day before the date of the enactment of this Act 
     shall remain in effect until revised or superseded by 
     regulations prescribed to implement the authority under the 
     amendment made by subsection (a).
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2003.

     SEC. 652. GAO STUDY.

       Not later than April 1, 2004, the Comptroller General shall 
     submit a report regarding the adequacy of special pays and 
     allowances for service members who experience frequent 
     deployments away from their permanent duty stations for 
     periods less than 30 days. The policies regarding eligibility 
     for family separation allowance, including those relating to 
     required duration of absences from the permanently assigned 
     duty station, should be assessed.

 Subtitle F--Naturalization and Family Protection for Military Members

     SEC. 661. SHORT TITLE.

       This subtitle may be cited as the ``Naturalization and 
     Family Protection for Military Members Act of 2003''.

     SEC. 662. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN 
                   THE ARMED FORCES OF THE UNITED STATES.

       (a) Reduction of Period for Required Service.--Section 
     328(a) of the Immigration and Nationality Act (8 U.S.C. 
     1439(a)) is amended by striking ``three years'' and inserting 
     ``2 years''.
       (b) Prohibition on Imposition of Fees Relating to 
     Naturalization.--Title III of the Immigration and Nationality 
     Act (8 U.S.C. 1401 et seq.) is amended--
       (1) in section 328(b)--
       (A) in paragraph (3)--
       (i) by striking ``honorable. The'' and inserting 
     ``honorable (the''; and
       (ii) by striking ``discharge.'' and inserting ``discharge); 
     and''; and
       (B) by adding at the end the following:
       ``(4) notwithstanding any other provision of law, no fee 
     shall be charged or collected from the applicant for filing a 
     petition for naturalization or for the issuance of a 
     certificate of naturalization upon citizenship being granted 
     to the applicant, and no clerk of any State court shall 
     charge or collect any fee for such services unless the laws 
     of the State require such charge to be made, in which case 
     nothing more than the portion of the fee required to be paid 
     to the State shall be charged or collected.''; and
       (2) in section 329(b)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) notwithstanding any other provision of law, no fee 
     shall be charged or collected from the applicant for filing a 
     petition for naturalization or for the issuance of a 
     certificate of naturalization upon citizenship being granted 
     to the applicant, and no clerk of any State court shall 
     charge or collect any fee for such services unless the laws 
     of the State require such charge to be made, in which case 
     nothing more than the portion of the fee required to be paid 
     to the State shall be charged or collected.''.
       (c) Naturalization Proceedings Overseas for Members of the 
     Armed Forces.--Notwithstanding any other provision of law, 
     the Secretary of Homeland Security, the Secretary of State, 
     and the Secretary of Defense shall ensure that any 
     applications, interviews, filings, oaths, ceremonies, or 
     other proceedings under title III of the Immigration and 
     Nationality Act (8 U.S.C. 1401 et seq.) relating to 
     naturalization of members of the Armed Forces are available 
     through United States embassies, consulates, and as 
     practicable, United States military installations overseas.
       (d) Finalization of Naturalization Proceedings for Members 
     of the Armed Forces.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary of Defense shall 
     prescribe a policy that facilitates the opportunity for a 
     member of the Armed Forces to finalize naturalization for 
     which the member has applied. The policy shall include, for 
     such purpose, the following:
       (1) A high priority for grant of emergency leave.
       (2) A high priority for transportation on aircraft of, or 
     chartered by, the Armed Forces.
       (e) Technical and Conforming Amendment.--Section 328(b)(3) 
     of the Immigration and Nationality Act (8 U.S.C. 1439(b)(3)) 
     is amended by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''.

     SEC. 663. NATURALIZATION BENEFITS FOR MEMBERS OF THE SELECTED 
                   RESERVE OF THE READY RESERVE.

       Section 329(a) of the Immigration and Nationality Act (8 
     U.S.C. 1440(a)) is amended by inserting ``as a member of the 
     Selected Reserve of the Ready Reserve or'' after ``has served 
     honorably''.

     SEC. 664. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING 
                   SPOUSES, CHILDREN, AND PARENTS.

       (a) Treatment as Immediate Relatives.--
       (1) Spouses.--Notwithstanding the second sentence of 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who 
     was the spouse of a citizen of the United States at the time 
     of the citizen's death and was not legally separated from the 
     citizen at the time of the citizen's death, if the citizen 
     served honorably in an active duty status in the military, 
     air, or naval forces of the United States and died as a 
     result of injury or disease incurred in or aggravated by 
     combat, the alien (and each child of the alien) shall be 
     considered, for purposes of section 201(b) of such Act, to 
     remain an immediate relative after the date of the citizen's 
     death, but only if the alien files a petition under section 
     204(a)(1)(A)(ii) of such Act within 2 years after such date 
     and only until the date the alien remarries. For purposes of 
     such section 204(a)(1)(A)(ii), an alien granted relief under 
     the preceding sentence shall be considered an alien spouse 
     described in the second sentence of section 201(b)(2)(A)(i) 
     of such Act.
       (2) Children.--
       (A) In general.--In the case of an alien who was the child 
     of a citizen of the United States at the time of the 
     citizen's death, if the citizen served honorably in an active 
     duty status in the military, air, or naval forces of the 
     United States and died as a result of injury or disease 
     incurred in or aggravated by combat, the alien shall be 
     considered, for purposes of section 201(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1151(b)), to remain an 
     immediate relative after the date of the citizen's death 
     (regardless of changes in age or marital status thereafter), 
     but only if the alien files a petition under subparagraph (B) 
     within 2 years after such date.
       (B) Petitions.--An alien described in subparagraph (A) may 
     file a petition with the Secretary of Homeland Security for 
     classification of the alien under section 201(b)(2)(A)(i) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1151(b)(2)(A)(i)). For purposes of such Act, such a petition 
     shall be considered a petition filed under section 
     204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
       (3) Parents.--
       (A) In general.--In the case of an alien who was the parent 
     of a citizen of the United States at the time of the 
     citizen's death, if the citizen served honorably in an active 
     duty status in the military, air, or naval forces of the 
     United States and died as a result of injury or disease 
     incurred in or aggravated by combat, the alien shall be 
     considered, for purposes of section 201(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1151(b)), to remain an 
     immediate relative after the date of the citizen's death 
     (regardless

[[Page 13630]]

     of changes in age or marital status thereafter), but only if 
     the alien files a petition under subparagraph (B) within 2 
     years after such date.
       (B) Petitions.--An alien described in subparagraph (A) may 
     file a petition with the Secretary of Homeland Security for 
     classification of the alien under section 201(b)(2)(A)(i) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1151(b)(2)(A)(i)). For purposes of such Act, such a petition 
     shall be considered a petition filed under section 
     204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
       (C) Exception.--Notwithstanding section 201(b)(2)(A)(i) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1151(b)(2)(A)(i)), for purposes of this paragraph, a citizen 
     described in subparagraph (A) does not have to be 21 years of 
     age for a parent to benefit under this paragraph.
       (b) Applications for Adjustment of Status by Surviving 
     Spouses, Children, and Parents.--
       (1) In general.--Notwithstanding subsections (a) and (c) of 
     section 245 of the Immigration and Nationality Act (8 U.S.C. 
     1255), any alien who was the spouse, child, or parent of an 
     alien described in paragraph (2), and who applied for 
     adjustment of status prior to the death described in 
     paragraph (2)(B), may have such application adjudicated as if 
     such death had not occurred.
       (2) Alien described.--An alien is described in this 
     paragraph if the alien--
       (A) served honorably in an active duty status in the 
     military, air, or naval forces of the United States;
       (B) died as a result of injury or disease incurred in or 
     aggravated by combat; and
       (C) was granted posthumous citizenship under section 329A 
     of the Immigration and Nationality Act (8 U.S.C. 1440-1).
       (c) Spouses and Children of Lawful Permanent Resident 
     Aliens.--
       (1) Treatment as immediate relatives.--
       (A) In general.--A spouse or child of an alien described in 
     paragraph (3) who is included in a petition for 
     classification as a family-sponsored immigrant under section 
     203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1153(a)(2)) that was filed by such alien, shall be considered 
     (if the spouse or child has not been admitted or approved for 
     lawful permanent residence by such date) a valid petitioner 
     for immediate relative status under section 201(b)(2)(A)(i) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1151(b)(2)(A)(i)). Such spouse or child shall be eligible for 
     deferred action, advance parole, and work authorization.
       (B) Petitions.--An alien spouse or child described in 
     subparagraph (A) may file a petition with the Secretary of 
     Homeland Security for classification of the alien under 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, 
     such a petition shall be considered a petition filed under 
     section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
       (2) Self-petitions.--Any spouse or child of an alien 
     described in paragraph (3) who is not a beneficiary of a 
     petition for classification as a family-sponsored immigrant 
     may file a petition for such classification under section 
     201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1151(b)(2)(A)(i)) with the Secretary of Homeland 
     Security, but only if the spouse or child files a petition 
     within 2 years after such date. Such spouse or child shall be 
     eligible for deferred action, advance parole, and work 
     authorization.
       (3) Alien described.--An alien is described in this 
     paragraph if the alien--
       (A) served honorably in an active duty status in the 
     military, air, or naval forces of the United States;
       (B) died as a result of injury or disease incurred in or 
     aggravated by combat; and
       (C) was granted posthumous citizenship under section 329A 
     of the Immigration and Nationality Act (8 U.S.C. 1440-1).
       (d) Parents of Lawful Permanent Resident Aliens.--
       (1) Self-petitions.--Any parent of an alien described in 
     paragraph (2) may file a petition for classification under 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)), but only if the parent files 
     a petition within 2 years after such date. For purposes of 
     such Act, such petition shall be considered a petition filed 
     under section 204(a)(1)(A) of such Act (8 U.S.C. 
     1154(a)(1)(A)). Such parent shall be eligible for deferred 
     action, advance parole, and work authorization.
       (2) Alien described.--An alien is described in this 
     paragraph if the alien--
       (A) served honorably in an active duty status in the 
     military, air, or naval forces of the United States;
       (B) died as a result of injury or disease incurred in or 
     aggravated by combat; and
       (C) was granted posthumous citizenship under section 329A 
     of the Immigration and Nationality Act (8 U.S.C. 1440-1).
       (e) Adjustment of Status.--Notwithstanding subsections (a) 
     and (c) of section 245 of the Immigration and Nationality Act 
     (8 U.S.C. 1255), an alien physically present in the United 
     States who is the beneficiary of a petition under paragraph 
     (1), (2)(B), or (3)(B) of subsection (a), paragraph (1)(B) or 
     (2) of subsection (c), or subsection (d)(1) of this section, 
     may apply to the Secretary of Homeland Security for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence.
       (f) Waiver of Certain Grounds of Inadmissibility.--In 
     determining the admissibility of any alien accorded an 
     immigration benefit under this section, the ground for 
     inadmissibility specified in section 212(a)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall 
     not apply, and notwithstanding any other provision of law, 
     the Secretary of Homeland Security may waive paragraph 
     (6)(A), (7), and (9)(B) of section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)) with respect to such 
     an alien if the alien establishes exceptional and extremely 
     unusual hardship to the alien or the alien's spouse, parent, 
     or child, who is a citizen of the United States or an alien 
     lawfully admitted for permanent residence. Any such waiver by 
     the Secretary of Homeland Security shall be in writing and 
     shall be granted only on an individual basis following an 
     investigation.
       (g) Benefits to Survivors; Technical Amendment.--Section 
     329A of the Immigration and Nationality Act (8 U.S.C. 1440-1) 
     is amended--
       (1) by striking subsection (e); and
       (2) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary of Homeland Security''.
       (h) Technical and Conforming Amendments.--Section 319(d) of 
     the Immigration and Nationality Act (8 U.S.C. 1430(d)) is 
     amended--
       (1) by inserting ``, child, or parent'' after ``surviving 
     spouse'';
       (2) by inserting ``, parent, or child'' after ``whose 
     citizen spouse''; and
       (3) by striking ``who was living'' and inserting ``who, in 
     the case of a surviving spouse, was living''.

     SEC. 665. EFFECTIVE DATE.

       This subtitle and the amendments made by this subtitle 
     shall take effect as if enacted on September 11, 2001.

                         TITLE VII--HEALTH CARE

     SEC. 701. MEDICAL AND DENTAL SCREENING FOR MEMBERS OF 
                   SELECTED RESERVE UNITS ALERTED FOR 
                   MOBILIZATION.

       Section 1074a of title 10, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(f)(1) At any time after the Secretary concerned notifies 
     members of the Ready Reserve that the members are to be 
     called or ordered to active duty, the administering 
     Secretaries may provide to each such member any medical and 
     dental screening and care that is necessary to ensure that 
     the member meets the applicable medical and dental standards 
     for deployment.
       ``(2) The screening and care authorized under paragraph (1) 
     shall include screening and care under TRICARE, pursuant to 
     eligibility under paragraph (3), and continuation of care 
     benefits under paragraph (4).
       ``(3)(A) Members of the Selected Reserve of the Ready 
     Reserve and members of the Individual Ready Reserve described 
     in section 10144(b) of this title are eligible, subject to 
     subparagraph (I), to enroll in TRICARE.
       ``(B) A member eligible under subparagraph (A) may enroll 
     for either of the following types of coverage:
       ``(i) Self alone coverage.
       ``(ii) Self and family coverage.
       ``(C) An enrollment by a member for self and family covers 
     the member and the dependents of the member who are described 
     in subparagraph (A), (D), or (I) of section 1072(2) of this 
     title.
       ``(D) The Secretary of Defense shall provide for at least 
     one open enrollment period each year. During an open 
     enrollment period, a member eligible under subparagraph (A) 
     may enroll in the TRICARE program or change or terminate an 
     enrollment in the TRICARE program.
       ``(E) A member and the dependents of a member enrolled in 
     the TRICARE program under this paragraph shall be entitled to 
     the same benefits under this chapter as a member of the 
     uniformed services on active duty or a dependent of such a 
     member, respectively. Section 1074(c) of this title shall 
     apply with respect to a member enrolled in the TRICARE 
     program under this section.
       ``(F)(i) An enlisted member of the armed forces enrolled in 
     the TRICARE program under this section shall pay an annual 
     premium of $330 for self-only coverage and $560 for self and 
     family coverage for which enrolled under this section.
       ``(ii) An officer of the armed forces enrolled in the 
     TRICARE program under this section shall pay an annual 
     premium of $380 for self-only coverage and $610 for self and 
     family coverage for which enrolled under this section.
       ``(iii) The premiums payable by a member under this 
     subparagraph may be deducted and withheld from basic pay 
     payable to the member under section 204 of title 37 or from 
     compensation payable to the member under section 206 of such 
     title. The Secretary shall prescribe the requirements and 
     procedures applicable to the payment of premiums by members 
     not entitled to such basic pay or compensation.
       ``(iv) Amounts collected as premiums under this 
     subparagraph shall be credited to the appropriation available 
     for the Defense Health Program Account under section 1100 of 
     this title, shall be merged with sums in such Account that 
     are available for the fiscal year in which collected, and 
     shall be available under subparagraph (B) of such section for 
     such fiscal year.
       ``(G) A person who receives health care pursuant to an 
     enrollment in a TRICARE program option under this paragraph, 
     including a member who receives such health care, shall be 
     subject to the same deductibles, copayments, and other 
     nonpremium charges for health care as apply under this 
     chapter for health care provided under the same TRICARE 
     program option

[[Page 13631]]

     to dependents described in subparagraph (A), (D), or (I) of 
     section 1072(2) of this title.
       ``(H) A member enrolled in the TRICARE program under this 
     paragraph may terminate the enrollment only during an open 
     enrollment period provided under subparagraph (D), except as 
     provided in subparagraph (I). An enrollment of a member for 
     self alone or for self and family under this paragraph shall 
     terminate on the first day of the first month beginning after 
     the date on which the member ceases to be eligible under 
     subparagraph (A). The enrollment of a member under this 
     paragraph may be terminated on the basis of failure to pay 
     the premium charged the member under this paragraph.
       ``(I) A member may not enroll in the TRICARE program under 
     this paragraph while entitled to transitional health care 
     under subsection (a) of section 1145 of this title or while 
     authorized to receive health care under subsection (c) of 
     such section. A member who enrolls in the TRICARE program 
     under this paragraph within 90 days after the date of the 
     termination of the member's entitlement or eligibility to 
     receive health care under subsection (a) or (c) of section 
     1145 of this title may terminate the enrollment at any time 
     within one year after the date of the enrollment.
       ``(J) The Secretary of Defense, in consultation with the 
     other administering Secretaries, shall prescribe regulations 
     for the administration of this paragraph.
       ``(4)(A) The Secretary concerned shall pay the applicable 
     premium to continue in force any qualified health benefits 
     plan coverage for an eligible reserve component member for 
     the benefits coverage continuation period if timely elected 
     by the member in accordance with regulations prescribed under 
     subparagraph (J).
       ``(B) A member of a reserve component is eligible for 
     payment of the applicable premium for continuation of 
     qualified health benefits plan coverage under subparagraph 
     (A) while serving on active duty pursuant to a call or order 
     issued under a provision of law referred to in section 
     101(a)(13)(B) of this title during a war or national 
     emergency declared by the President or Congress.
       ``(C) For the purposes of this paragraph, health benefits 
     plan coverage for a member called or ordered to active duty 
     is qualified health benefits plan coverage if--
       ``(i) the coverage was in force on the date on which the 
     Secretary notified the member that issuance of the call or 
     order was pending or, if no such notification was provided, 
     the date of the call or order;
       ``(ii) on such date, the coverage applied to the member and 
     dependents of the member described in subparagraph (A), (D), 
     or (I) of section 1072(2) of this title; and
       ``(iii) the coverage has not lapsed.
       ``(D) The applicable premium payable under this paragraph 
     for continuation of health benefits plan coverage in the case 
     of a member is the amount of the premium payable by the 
     member for the coverage of the member and dependents.
       ``(E) The total amount that the Department of Defense may 
     pay for the applicable premium of a health benefits plan for 
     a member under this paragraph in a fiscal year may not exceed 
     the amount determined by multiplying--
       ``(i) the sum of one plus the number of the member's 
     dependents covered by the health benefits plan, by
       ``(ii) the per capita cost of providing TRICARE coverage 
     and benefits for dependents under this chapter for such 
     fiscal year, as determined by the Secretary of Defense.
       ``(F) The benefits coverage continuation period under this 
     paragraph for qualified health benefits plan coverage in the 
     case of a member called or ordered to active duty is the 
     period that--
       ``(i) begins on the date of the call or order; and
       ``(ii) ends on the earlier of the date on which the 
     member's eligibility for transitional health care under 
     section 1145(a) of this title terminates under paragraph (3) 
     of such section, or the date on which the member elects to 
     terminate the continued qualified health benefits plan 
     coverage of the dependents of the member.
       ``(G) Notwithstanding any other provision of law--
       ``(i) any period of coverage under a COBRA continuation 
     provision (as defined in section 9832(d)(1) of the Internal 
     Revenue Code of 1986) for a member under this paragraph shall 
     be deemed to be equal to the benefits coverage continuation 
     period for such member under this paragraph; and
       ``(ii) with respect to the election of any period of 
     coverage under a COBRA continuation provision (as so 
     defined), rules similar to the rules under section 
     4980B(f)(5)(C) of such Code shall apply.
       ``(H) A dependent of a member who is eligible for benefits 
     under qualified health benefits plan coverage paid on behalf 
     of a member by the Secretary concerned under this paragraph 
     is not eligible for benefits under the TRICARE program during 
     a period of the coverage for which so paid.
       ``(I) A member who makes an election under subparagraph (A) 
     may revoke the election. Upon such a revocation, the member's 
     dependents shall become eligible for benefits under the 
     TRICARE program as provided for under this chapter.
       ``(J) The Secretary of Defense shall prescribe regulations 
     for carrying out this paragraph. The regulations shall 
     include such requirements for making an election of payment 
     of applicable premiums as the Secretary considers 
     appropriate.
       ``(5) For the purposes of this section, all members of the 
     Ready Reserve who are to be called or ordered to active duty 
     include all members of the Ready Reserve.
       ``(6) The Secretary concerned shall promptly notify all 
     members of the Ready Reserve that they are eligible for 
     screening and care under this section.
       ``(7) A member provided medical or dental screening or care 
     under paragraph (1) may not be charged for the screening or 
     care.''.

     SEC. 702. TRICARE BENEFICIARY COUNSELING AND ASSISTANCE 
                   COORDINATORS FOR RESERVE COMPONENT 
                   BENEFICIARIES.

       Section 1095e(a)(1) of title 10, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (A);
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) designate for each of the TRICARE program regions at 
     least one person (other than a person designated under 
     subparagraph (A)) to serve full-time as a beneficiary 
     counseling and assistance coordinator solely for members of 
     the reserve components and their dependents who are 
     beneficiaries under the TRICARE program; and''.

     SEC. 703. EXTENSION OF AUTHORITY TO ENTER INTO PERSONAL 
                   SERVICES CONTRACTS FOR HEALTH CARE SERVICES TO 
                   BE PERFORMED AT LOCATIONS OUTSIDE MEDICAL 
                   TREATMENT FACILITIES.

       Section 1091(a)(2) of title 10, United States Code, is 
     amended by striking ``December 31, 2003'' and inserting 
     ``December 31, 2008''.

     SEC. 704. DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE 
                   HEALTH CARE FUND VALUATIONS AND CONTRIBUTIONS.

       (a) Separate Periodic Actuarial Valuation for Single 
     Uniformed Service.--Section 1115(c) of title 10, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(6) The Secretary of Defense may determine a single level 
     dollar amount under subparagraph (A) or (B) of paragraph (1) 
     for each or any of the participating uniformed services 
     separately from the other participating uniformed services if 
     the Secretary determines that a more accurate and appropriate 
     actuarial valuation under such subparagraph would be achieved 
     by doing so.''.
       (b) Associated Calculations of Payments Into the Fund.--
     Section 1116 of such title is amended--
       (1) in subsection (a), by striking ``the amount that'' in 
     the matter preceding paragraph (1) and inserting ``the amount 
     that, subject to subsection (b),'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) If an actuarial valuation referred to in paragraph 
     (1) or (2) of subsection (a) has been calculated in a single 
     level dollar amount for a participating uniformed service 
     separately from the other participating uniformed services 
     under section 1115(c)(6) of this title, the administering 
     Secretary for the department in which such uniformed service 
     is operating shall calculate the amount under such paragraph 
     separately for such uniformed service. If the administering 
     Secretary is not the Secretary of Defense, the administering 
     Secretary shall notify the Secretary of Defense of the amount 
     so calculated. To determine a single amount for the purpose 
     of paragraph (1) or (2) of subsection (a), as the case may 
     be, the Secretary of Defense shall aggregate the amount 
     calculated under this subsection for a uniformed service for 
     the purpose of such paragraph with the amount or amounts 
     calculated (whether separately or otherwise) for the other 
     uniformed services for the purpose of such paragraph.''.
       (c) Technical Correction.--Section 1115(c)(1)(B) of such 
     title is amended by striking ``and other than members'' and 
     inserting ``(other than members''
       (d) Conforming Amendment.--Subsections (a) and (c)(5) of 
     section 1115 of such title are amended by striking ``section 
     1116(b) of this title'' and inserting section ``1116(c) of 
     this title''.

     SEC. 705. SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD.

       (a) Requirement for Surveys.--(1) The Secretary of Defense 
     shall conduct surveys in the TRICARE Standard market areas in 
     the continental United States to determine how many health 
     care providers are accepting new patients under TRICARE 
     Standard in each such market area.
       (2) The Secretary shall carry out the surveys in at least 
     20 TRICARE market areas in the continental United States each 
     fiscal year after fiscal year 2003 until all such market 
     areas in the continental United States have been surveyed. 
     The Secretary shall complete six of the fiscal year 2004 
     surveys not later than March 31, 2004.
       (3) In prioritizing the market areas for the sequence in 
     which market areas are to be surveyed under this subsection, 
     the Secretary shall consult with representatives of TRICARE 
     beneficiaries and health care providers to identify locations 
     where TRICARE Standard beneficiaries are experiencing 
     significant levels of access-to-care problems under TRICARE 
     Standard and shall give a high priority to surveying health 
     care providers in such areas.

[[Page 13632]]

       (b) Supervision.--(1) The Secretary shall designate a 
     senior official of the Department of Defense to take the 
     actions necessary for achieving and maintaining participation 
     of health care providers in TRICARE Standard in each TRICARE 
     market area in a number that is adequate to ensure the 
     viability of TRICARE Standard for TRICARE beneficiaries in 
     that market area.
       (2) The official designated under paragraph (1) shall have 
     the following duties:
       (A) To educate health care providers about TRICARE 
     Standard.
       (B) To encourage health care providers to accept patients 
     under TRICARE Standard.
       (C) To ensure that TRICARE beneficiaries have the 
     information necessary to locate TRICARE Standard providers 
     readily.
       (D) To recommend adjustments in TRICARE Standard provider 
     payment rates that the official considers necessary to ensure 
     adequate availability of TRICARE Standard providers for 
     TRICARE Standard beneficiaries.
       (c) GAO Review.--(1) The Comptroller General shall, on an 
     ongoing basis, review--
       (A) the processes, procedures, and analysis used by the 
     Department of Defense to determine the adequacy of the number 
     of health care providers accepting TRICARE Standard 
     beneficiaries as patients under TRICARE Standard in each 
     TRICARE market area; and
       (B) the actions taken by the Department of Defense to 
     ensure ready access of TRICARE Standard beneficiaries to 
     health care under TRICARE Standard in each TRICARE market 
     area.
       (2)(A) The Comptroller General shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a semiannual report on the results of the 
     review under paragraph (1). The first semiannual report shall 
     be submitted not later than June 30, 2004.
       (B) The semiannual report under subparagraph (A) shall 
     include the following:
       (i) An analysis of the adequacy of the surveys under 
     subsection (a).
       (ii) The adequacy of existing statutory authority to 
     address inadequate levels of participation by health care 
     providers in TRICARE Standard.
       (iii) Identification of policy-based obstacles to achieving 
     adequacy of availability of TRICARE Standard health care in 
     the TRICARE Standard market areas.
       (iv) An assessment of the adequacy of Department of Defense 
     education programs to inform health care providers about 
     TRICARE Standard.
       (v) An assessment of the adequacy of Department of Defense 
     initiatives to encourage health care providers to accept 
     patients under TRICARE Standard.
       (vi) An assessment of the adequacy of information to 
     TRICARE Standard beneficiaries to facilitate access by such 
     beneficiaries to health care under TRICARE Standard.
       (vii) Any need for adjustment of health care provider 
     payment rates to attract participation in TRICARE Standard by 
     appropriate numbers of health care providers.
       (d) Definition.--In this section, the term ``TRICARE 
     Standard'' means the option of the TRICARE program that is 
     also known as the Civilian Health and Medical Program of the 
     Uniformed Services, as defined in section 1072(4) of title 
     10, United States Code.

     SEC. 706. ELIMINATION OF LIMITATION ON COVERED BENEFICIARIES' 
                   ELIGIBILITY TO RECEIVE HEALTH CARE SERVICES 
                   FROM FORMER PUBLIC HEALTH SERVICE TREATMENT 
                   FACILITIES.

       Section 724(d) of the National Defense Authorization Act 
     for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 
     note) is amended by striking ``who--'' and all that follows 
     through ``(2) are enrolled'' and inserting ``who are 
     enrolled''.

     SEC. 707. MODIFICATION OF STRUCTURE AND DUTIES OF DEPARTMENT 
                   OF VETERANS AFFAIRS-DEPARTMENT OF DEFENSE 
                   HEALTH EXECUTIVE COMMITTEE.

       (a) In General.--Subsection (c) of section 8111 of title 
     38, United States Code, is amended to read as follows:
       ``(c) DOD-VA Joint Executive Committee.--(1) There is 
     established an interagency committee to be known as the 
     Department of Veterans Affairs-Department of Defense Joint 
     Executive Committee (hereinafter in this section referred to 
     as the `Committee').
       ``(2) The Committee shall be composed of--
       ``(A) the Deputy Secretary of Veterans Affairs and such 
     other officers and employees of the Department as the 
     Secretary may designate; and
       ``(B) the Under Secretary of Defense for Personnel and 
     Readiness and such other officers and employees of the 
     Department of Defense as the Secretary of Defense may 
     designate.
       ``(3)(A) The Deputy Secretary and the Under Secretary shall 
     determine the size and structure of the Committee, except 
     that the Committee shall have subordinate committees as 
     follows:
       ``(i) A Health Executive Committee.
       ``(ii) A Benefits Executive Committee.
       ``(iii) Such other subordinate committees as the Deputy 
     Secretary and the Under Secretary consider appropriate.
       ``(B) The Deputy Secretary and the Under Secretary shall 
     establish the administrative and procedural guidelines for 
     the operation of the Committee.
       ``(C) The two Departments shall supply staff and resources 
     to the Committee in order to provide such administrative 
     support and services for the Committee as are necessary for 
     the efficient operation of the Committee.
       ``(4) The Committee shall recommend to the Secretaries 
     strategic direction for the joint coordination and sharing of 
     efforts between and within the two Departments under this 
     section, and shall oversee implementation of such 
     coordination and efforts.
       ``(5) In order to enable the Committee to make 
     recommendations under paragraph (4) in its annual report 
     under paragraph (6), the Committee shall--
       ``(A) review existing policies, procedures, and practices 
     relating to the coordination and sharing of health care 
     resources and other resources between the two Departments;
       ``(B) identify changes in policies, procedures, and 
     practices that, in the judgment of the Committee, would 
     promote mutually beneficial coordination, use, or exchange of 
     use of services and health care resources and other resources 
     of the two Departments in order to achieve the goal of 
     improving the quality, efficiency, and effectiveness of the 
     delivery of benefits and services to veterans, members of the 
     Armed Forces, military retirees, and their families through 
     an enhanced partnership between the two Departments;
       ``(C) identify and assess further opportunities for 
     coordination and collaboration between the two Departments 
     that, in the judgment of the Committee, would not adversely 
     affect the range of services, the quality of care, or the 
     established priorities for benefits provided by either 
     Department;
       ``(D) review the plans of both agencies for the acquisition 
     of additional health care resources and other resources, 
     especially new facilities and major equipment and technology, 
     in order to assess the potential effect of such plans on 
     further opportunities for the coordination and sharing of 
     such resources; and
       ``(E) review the implementation of activities designed to 
     promote the coordination and sharing of health care resources 
     and other resources between the two Departments.
       ``(6) The Committee shall submit to the Secretaries, and to 
     Congress, each year a report containing such recommendations 
     as the Committee considers appropriate, including 
     recommendations in light of activities under paragraph 
     (5).''.
       (b) Conforming Amendment.--Subsection (e)(1) of such 
     section is amended by striking ``subsection (c)(2)'' and 
     inserting ``subsection (c)(4)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2003, as if included in the 
     amendments to section 8111 of title 38, United States Code, 
     made by section 721 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2589), to which the amendments made by this section 
     relate.
       (d) Integrated Healing Care Practices.--(1) The Secretary 
     of Defense and the Secretary of Veterans Affairs may, acting 
     through the Department of Veterans Affairs-Department of 
     Defense Joint Executive Committee, conduct a program to 
     develop and evaluate integrated healing care practices for 
     members of the Armed Forces and veterans.
       (2) Amounts authorized to be appropriated by section 
     301(21) for the Defense Health Program may be available for 
     the program under paragraph (1).

     SEC. 708. ELIGIBILITY OF RESERVE OFFICERS FOR HEALTH CARE 
                   PENDING ORDERS TO ACTIVE DUTY FOLLOWING 
                   COMMISSIONING.

       Section 1074(a) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) by striking ``who is on active duty'' and inserting 
     ``described in paragraph (2)''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Members of the uniformed services referred to in 
     paragraph (1) are as follows:
       ``(A) A member of a uniformed service on active duty.
       ``(B) A member of a reserve component of a uniformed 
     service who has been commissioned as an officer if--
       ``(i) the member has requested orders to active duty for 
     the member's initial period of active duty following the 
     commissioning of the member as an officer;
       ``(ii) the request for orders has been approved;
       ``(iii) the orders are to be issued but have not been 
     issued; and
       ``(iv) the member does not have health care insurance and 
     is not covered by any other health benefits plan.''.

     SEC. 709. REIMBURSEMENT OF COVERED BENEFICIARIES FOR CERTAIN 
                   TRAVEL EXPENSES RELATING TO SPECIALIZED DENTAL 
                   CARE.

       Section 1074i of title 10, United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``In any 
     case''; and
       (2) by adding at the end the following new subsection:
       ``(b) Specialty Care Providers.--For purposes of subsection 
     (a), the term `specialty care provider' includes a dental 
     specialist (including an oral surgeon, orthodontist, 
     prosthodontist, periodontist, endodontist, or pediatric 
     dentist).''.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

             Subtitle A--Acquisition Policy and Management

     SEC. 801. TEMPORARY EMERGENCY PROCUREMENT AUTHORITY TO 
                   FACILITATE DEFENSE AGAINST OR RECOVERY FROM 
                   TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR 
                   RADIOLOGICAL ATTACK.

       (a) Extension of Authority.--Section 836(a) of the National 
     Defense Authorization Act for

[[Page 13633]]

     Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1192; 10 
     U.S.C. 2302 note) is amended by striking ``fiscal year 2002 
     and 2003'' and inserting ``fiscal years 2002, 2003, 2004, and 
     2005''.
       (b) Expanded Scope.--Such section 836(a) is further 
     amended--
       (1) in paragraph (1), by striking ``the defense against 
     terrorism or biological or chemical attack'' and inserting 
     ``defense against or recovery from terrorism or nuclear, 
     biological, chemical, or radiological attack''; and
       (2) in paragraph (2), by striking ``the defense against 
     terrorism or biological attack'' and inserting ``defense 
     against or recovery from terrorism or nuclear, biological, 
     chemical, or radiological attack''.
       (c) Conforming Amendment.--The heading for such section is 
     amended to read as follows:

     ``SEC. 836. TEMPORARY EMERGENCY PROCUREMENT AUTHORITY TO 
                   FACILITATE DEFENSE AGAINST OR RECOVERY FROM 
                   TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR 
                   RADIOLOGICAL ATTACK.''

     SEC. 802. SPECIAL TEMPORARY CONTRACT CLOSEOUT AUTHORITY.

       (a) Authority.--The Secretary of Defense may settle any 
     financial account for a contract entered into by the 
     Secretary or the Secretary of a military department before 
     October 1, 1996, that is administratively complete if the 
     financial account has an unreconciled balance, either 
     positive or negative, that is less than $100,000.
       (b) Finality of Decision.--A settlement under this section 
     shall be final and conclusive upon the accounting officers of 
     the United States.
       (c) Regulations.--The Secretary of Defense shall prescribe 
     regulations for the administration of the authority under 
     this section.
       (d) Termination of Authority.--A financial account may not 
     be settled under this section after September 30, 2006.

     SEC. 803. DEFENSE ACQUISITION PROGRAM MANAGEMENT FOR USE OF 
                   RADIO FREQUENCY SPECTRUM.

       (a) Revision of Department of Defense Directive.--Not later 
     than one year after the date of the enactment of this Act, 
     the Secretary of Defense shall revise and reissue Department 
     of Defense Directive 4650.1, relating to management and use 
     of the radio frequency spectrum, last issued on June 24, 
     1987, to update the procedures applicable to Department of 
     Defense management and use of the radio frequency spectrum.
       (b) Acquisition Program Requirements.--The Secretary of 
     Defense shall--
       (1) require that each military department or Defense Agency 
     carrying out a program for the acquisition of a system that 
     is to use the radio frequency spectrum consult with the 
     official or board designated under subsection (c) on the 
     usage of the spectrum by the system as early as practicable 
     during the concept exploration and technology development 
     phases of the acquisition program;
       (2) prohibit the program from proceeding into system 
     development and demonstration, or otherwise obtaining 
     production or procuring any unit of the system, until--
       (A) an evaluation of the proposed radio frequency spectrum 
     usage by the system is completed in accordance with 
     requirements prescribed by the Secretary; and
       (B) the designated official or board reviews and approves 
     the proposed usage of the spectrum by the system; and
       (3) prescribe a procedure for waiving the prohibition 
     imposed under paragraph (2) in any case in which it is 
     determined necessary to do so in the national security 
     interests of the United States.
       (c) Designation of Official or Board.--The Secretary of 
     Defense shall designate an appropriate official or board of 
     the Department of Defense to perform the functions described 
     for the official or board in subsection (b).

     SEC. 804. NATIONAL SECURITY AGENCY MODERNIZATION PROGRAM.

       (a) Responsibilities of Under Secretary of Defense for 
     Acquisition, Technology, and Logistics.--The Secretary of 
     Defense, acting through the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics, shall--
       (1) direct and manage the acquisitions under the National 
     Security Agency Modernization Program; and
       (2) designate the projects under such program as major 
     defense acquisition programs.
       (b) Projects Comprising Program.--The National Security 
     Agency Modernization Program includes the following projects 
     of the National Security Agency:
       (1) The Trailblazer project.
       (2) The Groundbreaker project.
       (3) Each cryptological mission management project.
       (4) Each other project that--
       (A) meets either of the dollar threshold requirements set 
     forth in subsection (a)(2) of section 2430 of title 10, 
     United States Code (as adjusted under subsection (b) of such 
     section); and
       (B) is determined by the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics as being a 
     modernization project of the National Security Agency.
       (c) Milestone Decision Authority.--(1) In the 
     administration of subsection (a), the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics shall 
     exercise the milestone decision authority for--
       (A) each major defense acquisition program under the 
     National Security Agency Modernization Program, as designated 
     under subsection (a)(2); and
       (B) the acquisition of each major system under the National 
     Security Agency Modernization Program, as described in 
     subsection (d).
       (2) The Under Secretary may not delegate the milestone 
     decision authority to any other official before October 1, 
     2006.
       (3) The Under Secretary may delegate the milestone decision 
     authority to the Director of the National Security Agency at 
     any time after the later of September 30, 2006, or the date 
     on which the following conditions are satisfied:
       (A) The Under Secretary has determined that the Director 
     has implemented acquisition management policies, procedures, 
     and practices that are sufficiently mature to ensure that 
     National Security Agency acquisitions are conducted in a 
     manner consistent with a sound, efficient acquisition 
     enterprise.
       (B) The Under Secretary has consulted with the Under 
     Secretary of Defense for Intelligence and the Deputy Director 
     of Central Intelligence for Community Management on the 
     delegation.
       (C) The Secretary of Defense has approved the delegation.
       (D) The Under Secretary has transmitted to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, and the Permanent Select Committee on Intelligence of 
     the House of Representatives a notification of the intention 
     to delegate the authority, together with a detailed 
     discussion of the justification for the delegation of 
     authority.
       (d) Major System Defined.--In this section, the term 
     ``major system'' means a system that meets either of the 
     dollar threshold requirements set forth in paragraph (1) or 
     (2) of subsection (a) of section 2302d of title 10, United 
     States Code (as adjusted under subsection (c) of such 
     section).

     SEC. 805. QUALITY CONTROL IN PROCUREMENT OF AVIATION CRITICAL 
                   SAFETY ITEMS AND RELATED SERVICES.

       (a) Quality Control Policy.--The Secretary of Defense shall 
     prescribe a quality control policy for the procurement of 
     aviation critical safety items and the procurement of 
     modifications, repair, and overhaul of such items.
       (b) Content of Policy.--The policy shall include the 
     following requirements:
       (1) That the head of the design control activity for 
     aviation critical safety items establish processes to 
     identify and manage aviation critical safety items and 
     modifications, repair, and overhaul of such items.
       (2) That the head of the contracting activity for an 
     aviation critical safety item enter into a contract for such 
     item only with a source approved by the design control 
     activity in accordance with section 2319 of title 10, United 
     States Code.
       (3) That the aviation critical safety items delivered, and 
     the services performed with respect to aviation critical 
     safety items, meet all technical and quality requirements 
     specified by the design control activity, except for any 
     requirement determined unnecessary by the Secretary of 
     Defense in writing.
       (c) Definitions.--In this section, the terms ``aviation 
     critical safety item'' and ``design control activity'' have 
     the meanings given such terms in section 2319(g) of title 10, 
     United States Code, as amended by subsection (d).
       (d) Conforming Amendment to Title 10.--Section 2319 of 
     title 10, United States Code, is amended--
       (1) in subsection (c)(3), by inserting after ``the 
     contracting officer'' the following: ``(or, in the case of a 
     contract for the procurement of an aviation critical item, 
     the head of the design control activity for such item)''; and
       (2) by adding at the end the following new subsection:
       ``(g) Definitions.--In this section:
       ``(1) The term `aviation critical safety item' means a 
     part, an assembly, installation equipment, launch equipment, 
     recovery equipment, or support equipment for an aircraft or 
     aviation weapon system if the part, assembly, or equipment 
     contains a characteristic any failure, malfunction, or 
     absence of which could cause a catastrophic or critical 
     failure resulting in the loss of or serious damage to the 
     aircraft or weapon system, an unacceptable risk of personal 
     injury or loss of life, an uncommanded engine shutdown that 
     jeopardizes safety, or the failure of a military mission.
       ``(2) The term `design control activity', with respect to 
     an aviation critical safety item, means the systems command 
     of a military department that is specifically responsible for 
     ensuring the airworthiness of an aviation system or equipment 
     in which the item is to be used.''.

                  Subtitle B--Procurement of Services

     SEC. 811. EXPANSION AND EXTENSION OF INCENTIVE FOR USE OF 
                   PERFORMANCE-BASED CONTRACTS IN PROCUREMENTS OF 
                   SERVICES.

       (a) Increased Maximum Amount of Procurement Eligible for 
     Commercial Items Treatment.--Paragraph (1)(A) of section 
     821(b) of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted into law by Public Law 
     106-398; 114 Stat. 1654A-218; 10 U.S.C. 2302 note) is amended 
     by striking ``$5,000,000'' and inserting `$10,000,000''.
       (b) Extension of Authority.--Paragraph (4) of such section 
     821(b) is amended by striking ``more than 3 years after the 
     date of the enactment of this Act'' and inserting ``after 
     October 30, 2006''.

     SEC. 812. PUBLIC-PRIVATE COMPETITIONS FOR THE PERFORMANCE OF 
                   DEPARTMENT OF DEFENSE FUNCTIONS.

       (a) Pilot Program for Best Value Source Selection for the 
     Performance of Information Technology Services.--
       (1) Authority.--The Secretary of Defense may carry out a 
     pilot program for use of a best

[[Page 13634]]

     value criterion in the selection of sources for performance 
     of information technology services for the Department of 
     Defense.
       (2) Conversion to private sector performance.--(A) Under 
     the pilot program, an analysis of the performance of an 
     information technology services function for the Department 
     of Defense under section 2461(b)(3) of title 10, United 
     States Code, shall include an examination of the performance 
     of the function by Department of Defense civilian employees 
     and by one or more private contractors to demonstrate whether 
     change to performance by the private sector will result in 
     the best value to the Government over the life of the 
     contract, including in the examination the following:
       (i) The cost to the Government, estimated by the Secretary 
     of Defense (based on offers received), for performance of the 
     function by the private sector.
       (ii) The estimated cost to the Government of Department of 
     Defense civilian employees performing the function.
       (iii) Benefits in addition to price that warrant 
     performance of the function by a particular source at a cost 
     higher than that of performance by Department of Defense 
     civilian employees.
       (iv) In addition to the cost referred to in clause (i), an 
     estimate of all other costs and expenditures that the 
     Government would incur because of the award of such a 
     contract.
       (B) Under the pilot program, subparagraph (A) of such 
     section 2461(b)(3) shall not apply to an analysis of the 
     performance of an information technology services function 
     for the Department of Defense.
       (3) Contracting for information technology services.--(A) 
     Under the pilot program, except as otherwise provided by law, 
     the Secretary shall procure information technology services 
     necessary for or beneficial to the accomplishment of the 
     authorized functions of the Department of Defense (other than 
     functions which the Secretary of Defense determines must be 
     performed by military or Government personnel) from a source 
     in the private sector if performance by that source 
     represents the best value to the United States, determined in 
     accordance with the competition requirements of Office of 
     Management and Budget Circular A-76.
       (B) Under the pilot program, section 2462(a) of title 10, 
     United States Code, shall not apply to a procurement 
     described in paragraph (1).
       (4) Duration of pilot program.--(A) The period for which 
     the pilot program may be carried out under this subsection 
     shall be fiscal years 2004 through 2008.
       (B) An analysis commenced under the pilot program in 
     accordance with paragraph (2), and a procurement for which a 
     solicitation has been issued in accordance with paragraph 
     (3), before the end of the pilot program period may be 
     continued in accordance with paragraph (2) or (3), 
     respectively, after the end of such period.
       (5) GAO review.--(A) The Comptroller General shall review 
     the administration of any pilot program carried out under 
     this subsection to assess the extent to which the program is 
     effective and is equitable for the potential public sources 
     and the potential private sources of information technology 
     services for the Department of Defense.
       (B) Not later than February 1, 2008, the Comptroller 
     General shall submit to the congressional defense committees 
     a report on the review of the program under subparagraph (A). 
     The report shall include the Comptroller General's assessment 
     of the matters required under that subparagraph and any other 
     conclusions resulting from the review.
       (6) Information technology services defined.--In this 
     subsection, the term ``information technology service'' means 
     any service performed in the operation or maintenance of 
     information technology (as defined in section 11101 of title 
     40, United States Code).
       (b) Resources-Based Schedules for Completion of Public-
     Private Competitions.--
       (1) Application of timeframes.--Any interim or final 
     deadline or other schedule-related milestone for the 
     completion of a Department of Defense public-private 
     competition shall be established solely on the basis of 
     considered research and sound analysis regarding the 
     availability of sufficient personnel, training, and technical 
     resources to the Department of Defense to carry out such 
     competition in a timely manner.
       (2) Extension of timeframes.--Any interim or final deadline 
     or other schedule-related milestone established (consistent 
     with paragraph (1)) for the completion of a Department of 
     Defense public-private competition shall be extended if the 
     Department of Defense official responsible for managing the 
     competition determines under procedures prescribed by the 
     Secretary of Defense that the personnel, training, or 
     technical resources available to the Department of Defense to 
     carry out such competition timely are insufficient.

     SEC. 813. AUTHORITY TO ENTER INTO PERSONAL SERVICES 
                   CONTRACTS.

       (a) Authority.--Chapter 141 of title 10, United States 
     Code, is amended by inserting after section 2396 the 
     following new section:

     ``Sec. 2397. Personal services: procurement by certain 
       elements of the Department of Defense

       ``(a) Authority.--The head of an element of the Department 
     of Defense referred to in subsection (b) may enter into a 
     contract for the procurement of services described in section 
     3109 of title 5 that are necessary to carry out a mission of 
     that element without regard to the limitations in such 
     section if the head of that element determines in writing 
     that the services to be procured are unique and that it would 
     not be practicable to obtain such services by other means.
       ``(b) Applicability.--Subsection (a) applies to--
       ``(1) any element of the Department of Defense within the 
     intelligence community, as defined in section 3(4) of the 
     National Security Act of 1947 (50 U.S.C. 401a(4)); and
       ``(2) the United States Special Operations Command, with 
     respect to special operations activities described in 
     paragraphs (1), (2), (3), and (4) of section 167(j) of this 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2396 the following new item:

``2397. Personal services: procurement by certain elements of the 
              Department of Defense.''.

             Subtitle C--Major Defense Acquisition Programs

     SEC. 821. CERTAIN WEAPONS-RELATED PROTOTYPE PROJECTS.

       (a) Extension of Authority.--Subsection (g) of section 845 
     of the National Defense Authorization Act for Fiscal Year 
     1994 (10 U.S.C. 2371 note) is amended by striking ``September 
     30, 2004'' and inserting ``September 30, 2007''.
       (b) Increased Scope of Authority.--Subsection (a) of such 
     section is amended by inserting before the period at the end 
     the following: ``, or to improvement of weapons or weapon 
     systems in use by the Armed Forces''.
       (c) Pilot Program for Transition to Follow-on Contracts.--
     Such section, as amended by subsection (a), is further 
     amended--
       (1) by redesignating subsections (e), (f), and (g) as 
     subsections (f), (g), and (h), respectively; and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Pilot Program for Transition to Follow-on 
     Contracts.--(1) The Secretary of Defense is authorized to 
     carry out a pilot program for follow-on contracting for the 
     production of items or processes that are developed by 
     nontraditional defense contractors under prototype projects 
     carried out under this section.
       ``(2) Under the pilot program--
       ``(A) a qualifying contract for the procurement of such an 
     item or process, or a qualifying subcontract under a contract 
     for the procurement of such an item or process, may be 
     treated as a contract or subcontract, respectively, for the 
     procurement of commercial items, as defined in section 4(12) 
     of the Office of Federal Procurement Policy Act (41 U.S.C. 
     403(12)); and
       ``(B) the item or process may be treated as an item or 
     process, respectively, that is developed in part with Federal 
     funds and in part at private expense for the purposes of 
     section 2320 of title 10, United States Code.
       ``(3) For the purposes of the pilot program, a qualifying 
     contract or subcontract is a contract or subcontract, 
     respectively, with a nontraditional defense contractor that--
       ``(A) does not exceed $50,000,000; and
       ``(B) is either--
       ``(i) a firm, fixed-price contract or subcontract; or
       ``(ii) a fixed-price contract or subcontract with economic 
     price adjustment.
       ``(4) The authority to conduct a pilot program under this 
     subsection shall terminate on September 30, 2007. The 
     termination of the authority shall not affect the validity of 
     contracts or subcontracts that are awarded or modified during 
     the period of the pilot program, without regard to whether 
     the contracts or subcontracts are performed during the 
     period.''.

     SEC. 822. APPLICABILITY OF CLINGER-COHEN ACT POLICIES AND 
                   REQUIREMENTS TO EQUIPMENT INTEGRAL TO A WEAPON 
                   OR WEAPON SYSTEM.

       (a) In General.--(1) Chapter 131 of title 10, United States 
     Code, is amended by inserting after section 2223 the 
     following:

     ``Sec. 2223a. Acquisition of equipment integral to a weapon 
       or a weapon system: applicability of certain acquisition 
       reform authorities and information technology-related 
       requirements

       ``(a) Board of Senior Acquisition Officials.--(1) The 
     Secretary of Defense shall establish a board of senior 
     acquisition officials to administer the implementation of the 
     policies and requirements of chapter 113 of title 40 in 
     procurements of information technology equipment determined 
     by the Secretary as being an integral part of a weapon or a 
     weapon system.
       ``(2) The Board shall be composed of the following 
     officials:
       ``(A) Under Secretary of Defense for Acquisition, 
     Technology, and Logistics, who shall be the Chairman.
       ``(B) The acquisition executive of each of the military 
     departments.
       ``(C) The Chief Information Officer of the Department of 
     Defense.
       ``(c) Responsibilities of Board.--The Board shall be 
     responsible for ensuring that--
       ``(1) the acquisition of information technology equipment 
     determined by the Secretary of Defense as being an integral 
     part of a weapon or a weapon system is conducted in a manner 
     that is consistent with the capital planning, investment 
     control, and performance and results-based management 
     processes and requirements provided under sections 11302, 
     11303, 11312, and 11313 of title 40, to the extent that such 
     processes requirements are applicable to the acquisition of 
     such equipment;
       ``(2) issues of spectrum availability, interoperability, 
     and information security are appropriately addressed in the 
     development of weapons and weapon systems; and

[[Page 13635]]

       ``(3) in the case of information technology equipment that 
     is to be incorporated into a weapon or a weapon system under 
     a major defense acquisition program, the information 
     technology equipment is incorporated in a manner that is 
     consistent with--
       ``(A) the planned approach to applying certain provisions 
     of law to major defense acquisition programs following the 
     evolutionary acquisition process that the Secretary of 
     Defense reported to Congress under section 802 of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 2003 
     (Public Law 107-314; 116 Stat. 2602);
       ``(B) the acquisition policies that apply to spiral 
     development programs under section 803 of such Act (116 Stat. 
     2603; 10 U.S.C. 2430 note); and
       ``(C) the software acquisition processes of the military 
     department or Defense Agency concerned under section 804 of 
     such Act (116 Stat. 2604; 10 U.S.C. 2430 note).
       ``(d) Inapplicability of Other Laws.--The following 
     provisions of law do not apply to information technology 
     equipment that is determined by the Secretary of Defense as 
     being an integral part of a weapon or a weapon system:
       ``(1) Section 11315 of title 40.
       ``(2) The policies and procedures established under section 
     11316 of title 40.
       ``(3) Subsections (d) and (e) of section 811 of the Floyd 
     D. Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398; 114 Stat. 
     1654A-211), and the requirements and prohibitions that are 
     imposed by Department of Defense Directive 5000.1 pursuant to 
     subsections (b) and (c) of such section.
       ``(4) Section 351 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2516; 10 U.S.C. 221 note).
       ``(e) Definitions.--In this section:
       ``(1) The term `acquisition executive', with respect to a 
     military department, means the official who is designated as 
     the senior procurement executive of the military department 
     under section 16(3) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 414(3)).
       ``(2) The term `information technology' has the meaning 
     given such term in section 11101 of title 40.
       ``(3) The term `major defense acquisition program' has the 
     meaning given such term in section 2430 of this title.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2223 the following new item:

``2223a. Acquisition of equipment integral to a weapon or a weapon 
              system: applicability of certain acquisition reform 
              authorities and information technology-related 
              requirements.''.

       (b) Conforming Amendment.--Section 2223 of such title is 
     amended by adding at the end the following new subsection:
       ``(c) Equipment Integral to a Weapon or Weapon System.--(1) 
     In the case of information technology equipment determined by 
     the Secretary of Defense as being an integral part of a 
     weapon or a weapon system, the responsibilities under this 
     section shall be performed by the board of senior acquisition 
     officials established pursuant to section 2223a of this 
     title.
       ``(2) In this subsection, the term `information technology' 
     has the meaning given such term in section 11101 of title 
     40.''.

     SEC. 823. APPLICABILITY OF REQUIREMENT FOR REPORTS ON 
                   MATURITY OF TECHNOLOGY AT INITIATION OF MAJOR 
                   DEFENSE ACQUISITION PROGRAMS.

       Section 804(a) of the National Defense Authorization Act 
     for Fiscal Year 2003 (Public Law 107-107; 115 Stat. 1180) is 
     amended by striking ``, as in effect on the date of enactment 
     of this Act,'' and inserting ``(as in effect on the date of 
     the enactment of this Act), and the corresponding provision 
     of any successor to such Instruction,''.

                Subtitle D--Domestic Source Requirements

     SEC. 831. EXCEPTIONS TO BERRY AMENDMENT FOR CONTINGENCY 
                   OPERATIONS AND OTHER URGENT SITUATIONS.

       Section 2533a(d) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``or contingency 
     operations'' after ``in support of combat operations''; and
       (2) by adding at the end the following new paragraph:
       ``(4) Procurements for which the use of procedures other 
     than competitive procedures has been approved on the basis of 
     section 2304(c)(2) of this title, relating to unusual and 
     compelling urgency of need.''.

     SEC. 832. INAPPLICABILITY OF BERRY AMENDMENT TO PROCUREMENTS 
                   OF WASTE AND BYPRODUCTS OF COTTON AND WOOL 
                   FIBER FOR USE IN THE PRODUCTION OF PROPELLANTS 
                   AND EXPLOSIVES.

       Section 2533a(f) of title 10, United States Code, is 
     amended--
       (1) by striking ``(f) Exception'' and all that follows 
     through ``the procurement of'' and inserting the following:
       ``(f) Exceptions for Certain Other Commodities and Items.--
     Subsection (a) does not preclude the procurement of the 
     following:
       ``(1)'';
       (2) by capitalizing the initial letter of the word 
     following ``(1)'', as added by paragraph (1); and
       (3) by adding at the end the following new paragraph:
       ``(2) Waste and byproducts of cotton and wool fiber for use 
     in the production of propellants and explosives.''.

     SEC. 833. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT 
                   REQUIREMENTS.

       (a) Authority.--Subchapter V of chapter 148 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2539c. Waiver of domestic source or content 
       requirements

       ``(a) Authority.--Except as provided in subsection (f), the 
     Secretary of Defense may waive the application of any 
     domestic source requirement or domestic content requirement 
     referred to in subsection (b) and thereby authorize the 
     procurement of items that are grown, reprocessed, reused, 
     produced, or manufactured--
       ``(1) in a foreign country that has a Declaration of 
     Principles with the United States;
       ``(2) in a foreign country that has a Declaration of 
     Principles with the United States substantially from 
     components and materials grown, reprocessed, reused, 
     produced, or manufactured in the United States or any foreign 
     country that has a Declaration of Principles with the United 
     States; or
       ``(3) in the United States substantially from components 
     and materials grown, reprocessed, reused, produced, or 
     manufactured in the United States or any foreign country that 
     has a Declaration of Principles with the United States.
       ``(b) Covered Requirements.--For purposes of this section:
       ``(1) A domestic source requirement is any requirement 
     under law that the Department of Defense satisfy its 
     requirements for an item by procuring an item that is grown, 
     reprocessed, reused, produced, or manufactured in the United 
     States or by a manufacturer that is a part of the national 
     technology and industrial base (as defined in section 2500(1) 
     of this title).
       ``(2) A domestic content requirement is any requirement 
     under law that the Department of Defense satisfy its 
     requirements for an item by procuring an item produced or 
     manufactured partly or wholly from components and materials 
     grown, reprocessed, reused, produced, or manufactured in the 
     United States.
       ``(c) Applicability.--The authority of the Secretary to 
     waive the application of a domestic source or content 
     requirements under subsection (a) applies to the procurement 
     of items for which the Secretary of Defense determines that--
       ``(1) application of the requirement would impede the 
     reciprocal procurement of defense items under a Declaration 
     of Principles with the United States; and
       ``(2) such country does not discriminate against defense 
     items produced in the United States to a greater degree than 
     the United States discriminates against defense items 
     produced in that country.
       ``(d) Limitation on Delegation.--The authority of the 
     Secretary to waive the application of domestic source or 
     content requirements under subsection (a) may not be 
     delegated to any officer or employee other than the Under 
     Secretary of Defense for Acquisition, Technology and 
     Logistics.
       ``(e) Consultations.--The Secretary may grant a waiver of 
     the application of a domestic source or content requirement 
     under subsection (a) only after consultation with the United 
     States Trade Representative, the Secretary of Commerce, and 
     the Secretary of State.
       ``(f) Laws Not Waivable.--The Secretary of Defense may not 
     exercise the authority under subsection (a) to waive any 
     domestic source or content requirement contained in any of 
     the following laws:
       ``(1) The Small Business Act (15 U.S.C. 631 et seq.).
       ``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
       ``(3) Sections 7309 and 7310 of this title.
       ``(4) Section 2533a of this title.
       ``(g) Relationship to Other Waiver Authority.--The 
     authority under subsection (a) to waive a domestic source 
     requirement or domestic content requirement is in addition to 
     any other authority to waive such requirement.
       ``(h) Construction With Respect to Later Enacted Laws.--
     This section may not be construed as being inapplicable to a 
     domestic source requirement or domestic content requirement 
     that is set forth in a law enacted after the enactment of 
     this section solely on the basis of the later enactment.
       ``(i) Declaration of Principles.--(1) In this section, the 
     term `Declaration of Principles' means a written 
     understanding between the Department of Defense and its 
     counterpart in a foreign country signifying a cooperative 
     relationship between the Department and its counterpart to 
     standardize or make interoperable defense equipment used by 
     the armed forces and the armed forces of the foreign country 
     across a broad spectrum of defense activities, including--
       ``(A) harmonization of military requirements and 
     acquisition processes;
       ``(B) security of supply;
       ``(C) export procedures;
       ``(D) security of information;
       ``(E) ownership and corporate governance;
       ``(F) research and development;
       ``(G) flow of technical information; and
       ``(H) defense trade.
       ``(2) A Declaration of Principles is underpinned by a 
     memorandum of understanding or other agreement providing for 
     the reciprocal procurement of defense items between the 
     United States and the foreign country concerned without 
     unfair discrimination in accordance with section 2531 of this 
     title.''.

[[Page 13636]]

       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2539b the following new item:

``2539c. Waiver of domestic source or content requirements.''.

     SEC. 834. BUY AMERICAN EXCEPTION FOR BALL BEARINGS AND ROLLER 
                   BEARINGS USED IN FOREIGN PRODUCTS.

       Section 2534(a)(5) of title 10, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, except ball bearings and roller bearings being 
     procured for use in an end product manufactured by a 
     manufacturer that does not satisfy the requirements of 
     subsection (b) or in a component part manufactured by such a 
     manufacturer''.

         Subtitle E--Defense Acquisition and Support Workforce

     SEC. 841. FLEXIBILITY FOR MANAGEMENT OF THE DEFENSE 
                   ACQUISITION AND SUPPORT WORKFORCE.

       (a) Management Structure.--(1) Sections 1703, 1705, 1706, 
     and 1707 of title 10, United States Code, are repealed.
       (2) Section 1724(d) of such title is amended--
       (A) in the first sentence, by striking ``The acquisition 
     career program board concerned'' and all that follows through 
     ``if the board certifies'' and inserting ``The Secretary of 
     Defense may waive any or all of the requirements of 
     subsections (a) and (b) with respect to an employee of the 
     Department of Defense or member of the armed forces if the 
     Secretary determines'';
       (B) in the second sentence, by striking ``the board'' and 
     inserting ``the Secretary''; and
       (C) by striking the third sentence.
       (3) Section 1732(b) of such title is amended--
       (A) in paragraph (1)(C), by striking ``, as validated by 
     the appropriate career program management board''; and
       (B) in paragraph (2)(A)(ii), by striking ``has been 
     certified by the acquisition career program board of the 
     employing military department as possessing'' and inserting 
     ``possess''.
       (4) Section 1732(d) of such title is amended--
       (A) in paragraph (1)--
       (i) in the first sentence, by striking ``the acquisition 
     career program board of a military department'' and all that 
     follows through ``if the board certifies'' and inserting 
     ``The Secretary of Defense may waive any or all of the 
     requirements of subsection (b) with respect to an employee if 
     the Secretary determines'';
       (ii) in the second sentence, by striking ``the board'' and 
     inserting ``the Secretary''; and
       (iii) by striking the third sentence; and
       (B) in paragraph (2), by striking ``The acquisition career 
     program board of a military department'' and inserting ``The 
     Secretary''.
       (5) Section 1734(d) of such title is amended--
       (A) in subsection (d)--
       (i) by striking paragraph (2); and
       (ii) in paragraph (3), by striking the second sentence; and
       (B) in subsection (e)(2), by striking ``, by the 
     acquisition career program board of the department 
     concerned,''.
       (6) Section 1737(c) of such title is amended--
       (A) by striking paragraph (2); and
       (B) by striking ``(1) The Secretary'' and inserting ``The 
     Secretary''.
       (b) Elimination of Role of Office of Personnel 
     Management.--(1) Section 1725 of such title is repealed.
       (2) Section 1731 of such title is amended by striking 
     subsection (c).
       (3) Section 1732(c)(2) of such title is amended by striking 
     the second and third sentences.
       (4) Section 1734(g) of such title is amended--
       (A) by striking paragraph (2); and
       (B) in paragraph (1) by striking ``(1) The Secretary'' and 
     inserting ``The Secretary''.
       (5) Section 1737 of such title is amended by striking 
     subsection (d).
       (6) Section 1744(c)(3)(A)(i) of such title is amended by 
     striking ``and such other requirements as the Office of 
     Personnel Management may prescribe''.
       (c) Single Acquisition Corps.--(1) Section 1731 of such 
     title is amended--
       (A) in subsection (a)--
       (i) by striking ``each of the military departments and one 
     or more Corps, as he considers appropriate, for the other 
     components of'' in the first sentence; and
       (ii) by striking the second sentence; and
       (B) in subsection (b), by striking ``an Acquisition Corps'' 
     and inserting ``the Acquisition Corps''.
       (2) Sections 1732(a), 1732(e)(1), 1732(e)(2), 1733(a), 
     1734(e)(1), and 1737(a)(1) of such title are amended by 
     striking ``an Acquisition Corps'' and inserting ``the 
     Acquisition Corps''.
       (3) Section 1734 of such title is amended--
       (A) in subsection (g), by striking ``each Acquisition 
     Corps, a test program in which members of a Corps'' and 
     inserting ``the Acquisition Corps, a test program in which 
     members of the Corps''; and
       (B) in subsection (h), by striking ``making assignments of 
     civilian and military members of the Acquisition Corps of 
     that military department'' and inserting ``making assignments 
     of civilian and military personnel of that military 
     department who are members of the Acquisition Corps''.
       (d) Consolidation of Certain Education and Training Program 
     Requirements.--(1) Section 1742 of such title is amended to 
     read as follows:

     ``Sec. 1742. Internship, cooperative education, and 
       scholarship programs

       ``The Secretary of Defense shall conduct the following 
     education and training programs:
       ``(1) An intern program for purposes of providing highly 
     qualified and talented individuals an opportunity for 
     accelerated promotions, career broadening assignments, and 
     specified training to prepare them for entry into the 
     Acquisition Corps.
       ``(2) A cooperative education credit program under which 
     the Secretary arranges, through cooperative arrangements 
     entered into with one or more accredited institutions of 
     higher education, for such institutions to grant 
     undergraduate credit for work performed by students who are 
     employed by the Department of Defense in acquisition 
     positions.
       ``(3) A scholarship program for the purpose of qualifying 
     personnel for acquisition positions in the Department of 
     Defense.''.
       (2) Sections 1743 and 1744 of such title are repealed.
       (e) General Management Provisions.--Subchapter V of chapter 
     87 of such title is amended--
       (1) by striking section 1763; and
       (2) by adding at the end the following new section 1764:

     ``Sec. 1764. Authority to establish different minimum 
       requirements

       ``(a) Authority.--(1) The Secretary of Defense may 
     prescribe a different minimum number of years of experience, 
     different minimum education qualifications, and different 
     tenure of service qualifications to be required for 
     eligibility for appointment or advancement to an acquisition 
     position referred to in subsection (b) than is required for 
     such position under or pursuant to any provision of this 
     chapter.
       ``(2) Any requirement prescribed under paragraph (1) for a 
     position referred to in any paragraph of subsection (b) shall 
     be applied uniformly to all positions referred to in such 
     paragraph.
       ``(b) Applicability.--This section applies to the following 
     acquisition positions in the Department of Defense:
       ``(1) Contracting officer, except a position referred to in 
     paragraph (5).
       ``(2) Program executive officer.
       ``(3) Senior contracting official.
       ``(4) Program manager.
       ``(5) A position in the contract contingency force of an 
     armed force that is filled by a member of that armed force.
       ``(c) Definition.--In this section, the term `contract 
     contingency force', with respect to an armed force, has the 
     meaning given such term in regulations prescribed by the 
     Secretary concerned.''.
       (f) Clerical Amendments.--(1) The table of sections at the 
     beginning of subchapter I of chapter 87 of title 10, United 
     States Code, is amended by striking the items relating to 
     sections 1703, 1705, 1706, and 1707.
       (2) The table of sections at the beginning of subchapter II 
     of such chapter is amended by striking the item relating to 
     section 1725.
       (3) The table of sections at the beginning of subchapter IV 
     of such chapter is amended by striking the items relating to 
     sections 1742, 1743, and 1744 and inserting the following:

``1742. Internship, cooperative education, and scholarship programs.''.

       (4) The table of sections at the beginning of subchapter V 
     of such chapter is amended by striking the item relating to 
     section 1763 and inserting the following:

``1764. Authority to establish different minimum requirements.''.

     SEC. 842. LIMITATION AND REINVESTMENT AUTHORITY RELATING TO 
                   REDUCTION OF THE DEFENSE ACQUISITION AND 
                   SUPPORT WORKFORCE.

       (a) Limitation.--Notwithstanding any other provision of 
     law, the defense acquisition and support workforce may not be 
     reduced, during fiscal years 2004, 2005, and 2006, below the 
     level of that workforce as of September 30, 2002, determined 
     on the basis of full-time equivalent positions, except as may 
     be necessary to strengthen the defense acquisition and 
     support workforce in higher priority positions in accordance 
     with this section.
       (b) Workforce Flexibility.--During fiscal years 2004, 2005, 
     and 2006, the Secretary of Defense may realign any part of 
     the defense acquisition and support workforce to support 
     reinvestment in other, higher priority positions in such 
     workforce.
       (c) Higher Priority Positions.--For the purposes of this 
     section, higher priority positions in the defense acquisition 
     and support workforce include the following positions:
       (1) Positions the responsibilities of which include 
     drafting performance-based work statements for services 
     contracts and overseeing the performance of contracts awarded 
     pursuant to such work statements.
       (2) Positions the responsibilities of which include 
     conducting spending analyses, negotiating company-wide 
     pricing agreements, and taking other measures to reduce 
     contract costs.
       (3) Positions the responsibilities of which include 
     reviewing contractor quality control systems, assessing and 
     analyzing quality deficiency reports, and taking other 
     measures to improve product quality.
       (4) Positions the responsibilities of which include 
     effectively conducting public-private competitions in 
     accordance with Office of Management and Budget Circular A-
     76.
       (5) Any other positions in the defense acquisition and 
     support workforce that the Secretary identifies as being 
     higher priority positions that are staffed at levels not 
     likely to ensure efficient and effective performance of all 
     of the responsibilities of those positions.
       (d) Defense Acquisition and Support Workforce Defined.--In 
     this section, the term ``defense acquisition and support 
     workforce''

[[Page 13637]]

     means members of the Armed Forces and civilian personnel who 
     are assigned to, or are employed in, an organization of the 
     Department of Defense that has acquisition as its predominant 
     mission, as determined by the Secretary of Defense.

     SEC. 843. CLARIFICATION AND REVISION OF AUTHORITY FOR 
                   DEMONSTRATION PROJECT RELATING TO CERTAIN 
                   ACQUISITION PERSONNEL MANAGEMENT POLICIES AND 
                   PROCEDURES.

       Section 4308 of the National Defense Authorization Act for 
     Fiscal Year 1996 (10 U.S.C. 1701 note) is amended--
       (1) in subsection (b), by striking paragraph (3) and 
     inserting the following:
       ``(3) Conditions.--Paragraph (2) shall not apply with 
     respect to a demonstration project unless--
       ``(A) for each organization or team participating in the 
     demonstration project--
       ``(i) at least one-third of the workforce participating in 
     the demonstration project consists of members of the 
     acquisition workforce; and
       ``(ii) at least two-thirds of the workforce participating 
     in the demonstration project consists of members of the 
     acquisition workforce and supporting personnel assigned to 
     work directly with the acquisition workforce; and
       ``(B) the demonstration project commences before October 1, 
     2007.'';
       (2) in subsection (d), by striking ``95,000'' in subsection 
     (d) and inserting ``120,000'';
       (3) by redesignating subsection (e) as subsection (f); and
       (4) by inserting after subsection (d) the following:
       ``(e) Effect of Reorganizations.--The applicability of 
     paragraph (2) of subsection (b) to an organization or team 
     shall not terminate by reason that the organization or team, 
     after having satisfied the conditions in paragraph (3) of 
     such subsection when it began to participate in a 
     demonstration project under this section, ceases to meet one 
     or both of the conditions set forth in subparagraph (A) of 
     such paragraph (3) as a result of a reorganization, 
     restructuring, realignment, consolidation, or other 
     organizational change.''.

     Subtitle F--Federal Support for Procurement of Anti-Terrorism 
        Technologies and Services by State and Local Governments

     SEC. 851. APPLICATION OF INDEMNIFICATION AUTHORITY TO STATE 
                   AND LOCAL GOVERNMENT CONTRACTORS.

       (a) Authority.--Subject to the limitations of subsection 
     (b), the President may exercise the discretionary authority 
     under Public Law 85-804 (50 U.S.C. 1431 et seq.) so as to 
     provide under such law for indemnification of contractors and 
     subcontractors in procurements by States or units of local 
     government of an anti-terrorism technology or an anti-
     terrorism service for the purpose of preventing, detecting, 
     identifying, otherwise deterring, or recovering from acts of 
     terrorism.
       (b) Limitations.--Any authority that is delegated by the 
     President under subsection (a) to the head of a Federal 
     agency to provide for the indemnification of contractors and 
     subcontractors under Public Law 85-804 (50 U.S.C. 1431 et 
     seq.) for procurements by States or units of local government 
     may be exercised only--
       (1) in the case of a procurement by a State or unit of 
     local government that--
       (A) is made under a contract awarded pursuant to section 
     852; and
       (B) is approved, in writing, for the provision of 
     indemnification by the President or the official designated 
     by the President under section 852(a); and
       (2) with respect to--
       (A) amounts of losses or damages not fully covered by 
     private liability insurance and State or local government-
     provided indemnification; and
       (B) liabilities of a contractor or subcontractor not 
     arising out of willful misconduct or lack of good faith on 
     the part of the contractor or subcontractor, respectively.

     SEC. 852. FEDERAL SUPPORT FOR ENHANCEMENT OF STATE AND LOCAL 
                   ANTI-TERRORISM RESPONSE CAPABILITIES.

       (a) Procurements of Anti-Terrorism Technologies and 
     Services by State and Local Governments Through Federal 
     Contracts.--
       (1) Establishment of program.--The President shall 
     designate an officer or employee of the United States--
       (A) to establish, and the designated official shall 
     establish, a program under which States and units of local 
     government may procure through contracts entered into by the 
     designated official anti-terrorism technologies or anti-
     terrorism services for the purpose of preventing, detecting, 
     identifying, otherwise deterring, or recovering from acts of 
     terrorism; and
       (B) to carry out the SAFER grant program provided for under 
     subsection (f).
       (2) Designated federal procurement official for program.--
     In this section, the officer or employee designated by the 
     President under paragraph (1) shall be referred to as the 
     ``designated Federal procurement official''.
       (3) Authorities.--Under the program, the designated Federal 
     procurement official--
       (A) may, but shall not be required to, award contracts 
     using the same authorities as are provided to the 
     Administrator of General Services under section 309(b)(3) of 
     the Federal Property and Administrative Services Act (41 
     U.S.C. 259(b)(3)); and
       (B) may make SAFER grants in accordance with subsection 
     (f).
       (4) Offers not required to state and local governments.--A 
     contractor that sells anti-terrorism technology or anti-
     terrorism services to the Federal Government may not be 
     required to offer such technology or services to a State or 
     unit of local government under the program.
       (b) Responsibilities of the Contracting Official.--In 
     carrying out the program established under this section, the 
     designated Federal procurement official shall--
       (1) produce and maintain a catalog of anti-terrorism 
     technologies and anti-terrorism services suitable for 
     procurement by States and units of local government under 
     this program; and
       (2) establish procedures in accordance with subsection (c) 
     to address the procurement of anti-terrorism technologies and 
     anti-terrorism services by States and units of local 
     government under contracts awarded by the designated 
     official.
       (c) Required Procedures.--The procedures required by 
     subsection (b)(2) shall implement the following requirements 
     and authorities:
       (1) Submissions by states.--
       (A) Requests and payments.--Except as provided in 
     subparagraph (B), each State desiring to participate in a 
     procurement of anti-terrorism technologies or anti-terrorism 
     services through a contract entered into by the designated 
     Federal procurement official under this section shall submit 
     to that official in such form and manner and at such times as 
     such official prescribes, the following:
       (i) Request.--A request consisting of an enumeration of the 
     technologies or services, respectively, that are desired by 
     the State and units of local government within the State.
       (ii) Payment.--Advance payment for each requested 
     technology or service in an amount determined by the 
     designated official based on estimated or actual costs of the 
     technology or service and administrative costs incurred by 
     such official.
       (B) Other contracts.--The designated Federal procurement 
     official may award and designate contracts under which States 
     and units of local government may procure anti-terrorism 
     technologies and anti-terrorism services directly from the 
     contractors. No indemnification may be provided under Public 
     Law 85-804 pursuant to an exercise of authority under section 
     851 for procurements that are made directly between 
     contractors and States or units of local government.
       (2) Permitted catalog technologies and services.--A State 
     may include in a request submitted under paragraph (1) only a 
     technology or service listed in the catalog produced under 
     subsection (b)(1).
       (3) Coordination of local requests within state.--The 
     Governor of a State may establish such procedures as the 
     Governor considers appropriate for administering and 
     coordinating requests for anti-terrorism technologies or 
     anti-terrorism services from units of local government within 
     the State.
       (4) Shipment and transportation costs.--A State requesting 
     anti-terrorism technologies or anti-terrorism services shall 
     be responsible for arranging and paying for any shipment or 
     transportation of the technologies or services, respectively, 
     to the State and localities within the State.
       (d) Reimbursement of Actual Costs.--In the case of a 
     procurement made by or for a State or unit of local 
     government under the procedures established under this 
     section, the designated Federal procurement official shall 
     require the State or unit of local government to reimburse 
     the Department for the actual costs it has incurred for such 
     procurement.
       (e) Time for Implementation.--The catalog and procedures 
     required by subsection (b) of this section shall be completed 
     as soon as practicable and no later than 210 days after the 
     enactment of this Act.
       (f) SAFER Grant Program.--
       (1) Authority.--The designated Federal procurement 
     official, in cooperation with the Secretary of the Department 
     of Homeland Security or his designee, is authorized to make 
     grants to eligible entities for the purpose of supporting 
     increases in the number of permanent positions for 
     firefighters in fire services to ensure staffing at levels 
     and with skill mixes that are adequate emergency response to 
     incidents or threats of terrorism.
       (2) Use of funds.--The proceeds of a SAFER grant to an 
     eligible entity may be used only for the purpose specified in 
     paragraph (1).
       (3) Duration.--A SAFER grant to an eligible entity shall 
     provide funding for a period of 4 years. The proceeds of the 
     grant shall be disbursed to the eligible entity in 4 equal 
     annual installments.
       (4) Non-federal share.--
       (A) Requirement.--An eligible entity may receive a SAFER 
     grant only if the entity enters into an agreement with the 
     designated Federal procurement official to contribute non-
     Federal funds to achieve the purpose of the grant in the 
     following amounts:
       (i) During the second year in which funds of a SAFER grant 
     are received, an amount equal to 25 percent of the amount of 
     the SAFER grant funds received that year.
       (ii) During the third year in which funds of a SAFER grant 
     are received, an amount equal to 50 percent of the amount of 
     the SAFER grant funds received that year.
       (iii) During the fourth year in which funds of a SAFER 
     grant are received, an amount equal to 75 percent of the 
     amount of the SAFER grant funds received that year.
       (B) Waiver.--The designated Federal procurement official 
     may waive the requirement for a non-Federal contribution 
     described in subparagraph (A) in the case of any eligible 
     entity.

[[Page 13638]]

       (C) Asset forfeiture funds.--An eligible entity may use 
     funds received from the disposal of property transferred to 
     the eligible entity pursuant to section 9703(h) of title 31, 
     United States Code, section 981(e) of title 18, United States 
     Code, or section 616 of the Tariff Act of 1930 (19 U.S.C. 
     1616a) to provide the non-Federal share required under 
     paragraph (1).
       (D) BIA funds.--Funds appropriated for the activities of 
     any agency of a tribal organization or for the Bureau of 
     Indian Affairs to perform firefighting functions on any 
     Indian lands may be used to provide the share required under 
     subparagraph (A), and such funds shall be deemed to be non-
     Federal funds for such purpose.
       (5) Applications.--
       (A) Requirement.--To receive a SAFER grant, an eligible 
     entity shall submit an application for the grant to the 
     designated Federal procurement official.
       (B) Content.--Each application for a SAFER grant shall 
     contain, for each fire service covered by the application, 
     the following information:
       (i) A long-term strategy for increasing the force of 
     firefighters in the fire service to ensure readiness for 
     appropriate and effective emergency response to incidents or 
     threats of terrorism.
       (ii) A detailed plan for implementing the strategy that 
     reflects consultation with community groups, consultation 
     with appropriate private and public entities, and 
     consideration of any master plan that applies to the eligible 
     entity.
       (iii) An assessment of the ability of the eligible entity 
     to increase the force of firefighters in the fire service 
     without Federal assistance.
       (iv) An assessment of the levels of community support for 
     increasing that force, including financial and in-kind 
     contributions and any other available community resources.
       (v) Specific plans for obtaining necessary support and 
     continued funding for the firefighter positions proposed to 
     be added to the fire service with SAFER grant funds.
       (vi) An assurance that the eligible entity will, to the 
     extent practicable, seek to recruit and employ (or accept the 
     voluntary services of) firefighters who are members of racial 
     and ethnic minority groups or women.
       (vii) Any additional information that the designated 
     Federal procurement official considers appropriate.
       (C) Special rule for small communities.--The designated 
     Federal procurement official may authorize an eligible entity 
     responsible for a population of less than 50,000 to submit an 
     application without information required under subparagraph 
     (B), and may otherwise make special provisions to facilitate 
     the expedited submission, processing, and approval of an 
     application by such an entity.
       (D) Preferential consideration.--The designated Federal 
     procurement official may give preferential consideration, to 
     the extent feasible, to an application submitted by an 
     eligible entity that agrees to contribute a non-Federal share 
     higher than the share required under paragraph (4)(A).
       (E) Assistance with applications.--The designated Federal 
     procurement official is authorized to provide technical 
     assistance to an eligible entity for the purpose of assisting 
     with the preparation of an application for a SAFER grant.
       (6) Special rules on use of funds.--
       (A) Supplement not supplant.--The proceeds of a SAFER grant 
     made to an eligible entity shall be used to supplement and 
     not supplant other Federal funds, State funds, or funds from 
     a subdivision of a State, or, in the case of a tribal 
     organization, funds supplied by the Bureau of Indian Affairs, 
     that are available for salaries or benefits for firefighters.
       (B) Limitation relating to compensation of firefighters.--
       (i) In general.--The proceeds of a SAFER grant may not be 
     used to fund the pay and benefits of a full-time firefighter 
     if the total annual amount of the pay and benefits for that 
     firefighter exceeds $100,000. The designated Federal 
     procurement official may waive the prohibition in the 
     preceding sentence in any particular case.
       (ii) Adjustment for inflation.--Effective on October 1 of 
     each year, the total annual amount applicable under 
     subparagraph (A) shall be increased by the percentage 
     (rounded to the nearest one-tenth of one percent) by which 
     the Consumer Price Index for all-urban consumers published by 
     the Department of Labor for July of such year exceeds the 
     Consumer Price Index for all-urban consumers published by the 
     Department of Labor for July of the preceding year. The first 
     adjustment shall be made on October 1, 2004.
       (7) Performance evaluation.--
       (A) Requirement for information.--The designated Federal 
     procurement official shall evaluate, each year, whether an 
     entity receiving SAFER grant funds in such year is 
     substantially complying with the terms and conditions of the 
     grant. The entity shall submit to the designated Federal 
     procurement official any information that the designated 
     Federal procurement official requires for that year for the 
     purpose of the evaluation.
       (B) Revocation or suspension of funding.--If the designated 
     Federal procurement official determines that a recipient of a 
     SAFER grant is not in substantial compliance with the terms 
     and conditions of the grant the designated Federal 
     procurement official may revoke or suspend funding of the 
     grant.
       (8) Access to documents.--
       (A) Audits by designated Federal procurement official.--The 
     designated Federal procurement official shall have access for 
     the purpose of audit and examination to any pertinent books, 
     documents, papers, or records of an eligible entity that 
     receives a SAFER grant.
       (B) Audits by the comptroller general.--Subparagraph (A) 
     shall also apply with respect to audits and examinations 
     conducted by the Comptroller General of the United States or 
     by an authorized representative of the Comptroller General.
       (9) Termination of safer grant authority.--
       (A) In general.--The authority to award a SAFER grant shall 
     terminate at the end of September 30, 2010.
       (B) Report to congress.--Not later than two years after the 
     date of the enactment of this Act, the designated Federal 
     procurement official shall submit to Congress a report on the 
     SAFER grant program under this section. The report shall 
     include an assessment of the effectiveness of the program for 
     achieving its purpose, and may include any recommendations 
     that the designated Federal procurement official has for 
     increasing the forces of firefighters in fire services.
       (10) Definitions.--In this subsection:
       (A) Eligible entity.--The term ``eligible entity'' means--
       (i) a State;
       (ii) a subdivision of a State;
       (iii) a tribal organization;
       (iv) any other public entity that the designated Federal 
     procurement official determines appropriate for eligibility 
     under this section; and
       (v) a multijurisdictional or regional consortium of the 
     entities described in clauses (i) through (iv).
       (B) Firefighter.--The term ``firefighter'' means an 
     employee or volunteer member of a fire service, including a 
     firefighter, paramedic, emergency medical technician, rescue 
     worker, ambulance personnel, or hazardous materials worker, 
     who--
       (i) is trained in fire suppression and has the legal 
     authority and responsibility to engage in fire suppression; 
     or
       (ii) is engaged in the prevention, control, and 
     extinguishment of fires or response to emergency situations 
     where life, property, or the environment is at risk.
       (C) Fire service.--The term ``fire service'' includes an 
     organization described in section 4(5) of the Federal Fire 
     Prevention and Control Act of 1974 that is under the 
     jurisdiction of a tribal organization.
       (D) Master plan.--The term ``master plan'' has the meaning 
     given the term in section 10 of the Federal Fire Prevention 
     and Control Act of 1974.
       (E) SAFER grant.--The term `SAFER grant' means a grant of 
     financial assistance under this subsection.
       (F) Tribal organization.--The term ``tribal organization'' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b).
       (11) Authorization of Appropriations.--There are authorized 
     to be appropriated for the purpose of carrying out this 
     section such sums as may be necessary from the Department of 
     Homeland Security, up to--
       (A) $1,000,000,000 for fiscal year 2004;
       (B) $1,030,000,000 for fiscal year 2005; and
       (C) $1,061,000,000 for fiscal year 2006.

     SEC. 853. DEFINITIONS.

       In this subtitle:
       (1) Anti-terrorism technology and service.--The terms 
     ``anti-terrorism technology'' and ``anti-terrorism service'' 
     mean any product, equipment, or device, including information 
     technology, and any service, system integration, or other 
     kind of service (including a support service), respectively, 
     that is related to technology and is designed, developed, 
     modified, or procured for the purpose of preventing, 
     detecting, identifying, otherwise deterring, or recovering 
     from acts of terrorism.
       (2) Information technology.--The term ``information 
     technology'' has the meaning given such term in section 
     11101(6) of title 40, United States Code.
       (3) State.--The term ``State'' includes the District of 
     Columbia, the Commonwealth of Puerto Rico, the Commonwealth 
     of the Northern Mariana Islands, and any territory or 
     possession of the United States.
       (4) Unit of local government.--The term ``unit of local 
     government'' means any city, county, township, town, borough, 
     parish, village, or other general purpose political 
     subdivision of a State; an Indian tribe which performs law 
     enforcement functions as determined by the Secretary of the 
     Interior; or any agency of the District of Columbia 
     Government or the United States Government performing law 
     enforcement functions in and for the District of Columbia or 
     the Trust Territory of the Pacific Islands.

     Subtitle G--General Contracting Authorities, Procedures, and 
                     Limitations, and Other Matters

     SEC. 861. LIMITED ACQUISITION AUTHORITY FOR COMMANDER OF 
                   UNITED STATES JOINT FORCES COMMAND.

       Section 164 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(h) Limited Acquisition Authority for Commander of 
     Certain Unified Combatant Command.--(1) The Secretary of 
     Defense shall delegate to the commander of the unified 
     combatant command referred to in paragraph (2) authority of 
     the Secretary under chapter 137 of this title sufficient to 
     enable the commander to develop and acquire equipment 
     described in paragraph (3). The exercise of authority so 
     delegated is subject to the authority, direction, and control 
     of the Secretary.

[[Page 13639]]

       ``(2) The commander to which authority is delegated under 
     paragraph (1) is the commander of the unified combatant 
     command that has the mission for joint warfighting 
     experimentation, as assigned by the Secretary of Defense.
       ``(3) The equipment referred to in paragraph (1) is as 
     follows:
       ``(A) Battlefield command, control, communications, and 
     intelligence equipment.
       ``(B) Any other equipment that the commander referred to in 
     that paragraph determines necessary and appropriate for--
       ``(i) facilitating the use of joint forces in military 
     operations; or
       ``(ii) enhancing the interoperability of equipment used by 
     the various components of joint forces on the battlefield.
       ``(4) The authority delegated under paragraph (1) does not 
     apply to the development or acquisition of a system for 
     which--
       ``(A) the total expenditure for research, development, 
     test, and evaluation is estimated to be $10,000,000 or more; 
     or
       ``(B) the total expenditure for procurement of the system 
     is estimated to be $50,000,000 or more.
       ``(5) The commander of the unified combatant command 
     referred to in paragraph (1) shall require the inspector 
     general of the command to conduct internal audits and 
     inspections of purchasing and contracting administered by the 
     commander under the authority delegated under subsection 
     (a).''.

     SEC. 862. OPERATIONAL TEST AND EVALUATION.

       (a) Leadership and Duties of Department of Defense Test 
     Resource Management Center.--(1) Subsection (b)(1) of section 
     196 of title 10, United States Code, is amended--
       (A) by striking ``on active duty. The Director'' and 
     inserting ``on active duty or from among senior civilian 
     officers and employees of the Department of Defense. A 
     commissioned officer serving as the Director''; and
       (B) by adding at the end the following: ``A civilian 
     officer or employee serving as the Director shall serve in a 
     pay level equivalent in rank to lieutenant general.''.
       (2)(A) Subsection (c)(1)(B) of such section is amended by 
     inserting after ``Department of Defense'' the following: 
     ``other than budgets and expenditures for activities 
     described in section 139(i) of this title''.
       (B) Subsection (e)(1) of such section is amended--
       (i) by striking ``, the Director of Operational Test and 
     Evaluation,''; and
       (ii) by striking ``, Director's''.
       (b) Deployment Before Completion of OT&E.--Section 806(c) 
     of the Bob Stump National Defense Authorization Act for 
     Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2607; 10 
     U.S.C. 2302 note) is amended by adding at the end the 
     following new paragraph:
       ``(3) If items are deployed under the rapid acquisition and 
     deployment procedures prescribed pursuant to this section, or 
     under any other authority, before the completion of 
     operational test and evaluation of the items, the Director of 
     Operational Test and Evaluation shall have access to 
     operational records and data relevant to such items in 
     accordance with section 139(e)(3) of title 10, United States 
     Code, for the purpose of completing operational test and 
     evaluation of the items. The access to the operational 
     records and data shall be provided in a time and manner 
     determined by the Secretary of Defense consistent with 
     requirements of operational security and other relevant 
     operational requirements.''.

     SEC. 863. MULTIYEAR TASK AND DELIVERY ORDER CONTRACTS.

       (a) Repeal of Applicability of Existing Authority and 
     Limitations.--Section 2306c of title 10, United States Code, 
     is amended--
       (1) by striking subsection (g); and
       (2) by redesignating subsection (h) as subsection (g).
       (b) Multiyear Contracting Authority.--Section 2304a of such 
     title is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Multiyear Contracts.--The head of an agency entering 
     into a task or delivery order contract under this section may 
     provide for the contract to cover any period up to five years 
     and may extend the contract period for one or more successive 
     periods pursuant to an option provided in the contract or a 
     modification of the contract. In no event, however, may the 
     total contract period as extended exceed eight years.''.

     SEC. 864. REPEAL OF REQUIREMENT FOR CONTRACTOR ASSURANCES 
                   REGARDING THE COMPLETENESS, ACCURACY, AND 
                   CONTRACTUAL SUFFICIENCY OF TECHNICAL DATA 
                   PROVIDED BY THE CONTRACTOR.

       Section 2320(b) of title 10, United States Code, is 
     amended--
       (1) by striking paragraph (7); and
       (2) by redesignating paragraphs (8) and (9) as paragraphs 
     (7) and (8), respectively.

     SEC. 865. REESTABLISHMENT OF AUTHORITY FOR SHORT-TERM LEASES 
                   OF REAL OR PERSONAL PROPERTY ACROSS FISCAL 
                   YEARS.

       (a) Reestablishment of Authority.--Subsection (a) of 
     section 2410a of title 10, United States Code, is amended--
       (1) by inserting ``(1)'' before ``The Secretary of 
     Defense'';
       (2) by striking ``for procurement of severable services'' 
     and inserting ``for a purpose described in paragraph (2)''; 
     and
       (3) by adding at the end the following new paragraph:
       ``(2) The purpose of a contract described in this paragraph 
     is as follows:
       ``(A) The procurement of severable services.
       ``(B) The lease of real or personal property, including the 
     maintenance of such property when contracted for as part of 
     the lease agreement.''.
       (b) Conforming and Clerical Amendments.--(1) The heading of 
     such section is amended to read as follows:

     ``Sec. 2410a. Contracts for periods crossing fiscal years: 
       severable service contracts; leases of real or personal 
       property''.

       (2) The table of sections at the beginning of chapter 141 
     of such title is amended by striking the item relating to 
     section 2410a and inserting the following new item:

``2410a. Contracts for periods crossing fiscal years: severable service 
              contracts; leases of real or personal property.''.

     SEC. 866. CONSOLIDATION OF CONTRACT REQUIREMENTS.

       (a) Amendment to Title 10.--(1) Chapter 141 of title 10, 
     United States Code, is amended by inserting after section 
     2381 the following new section:

     ``Sec. 2382. Consolidation of contract requirements: policy 
       and restrictions

       ``(a) Policy.--The Secretary of Defense shall require the 
     Secretary of each military department, the head of each 
     Defense Agency, and the head of each Department of Defense 
     Field Activity to ensure that the decisions made by that 
     official regarding consolidation of contract requirements of 
     the department, agency, or field activity, as the case may 
     be, are made with a view to providing small business concerns 
     with appropriate opportunities to participate in Department 
     of Defense procurements as prime contractors and appropriate 
     opportunities to participate in such procurements as 
     subcontractors.
       ``(b) Limitation on Use of Acquisition Strategies Involving 
     Consolidation.--(1) An official of a military department, 
     Defense Agency, or Department of Defense Field Activity may 
     not execute an acquisition strategy that includes a 
     consolidation of contract requirements of the military 
     department, agency, or activity with a total value in excess 
     of $5,000,000, unless the senior procurement executive 
     concerned first--
       ``(A) conducts market research;
       ``(B) identifies any alternative contracting approaches 
     that would involve a lesser degree of consolidation of 
     contract requirements; and
       ``(C) determines that the consolidation is necessary and 
     justified.
       ``(2) A senior procurement executive may determine that an 
     acquisition strategy involving a consolidation of contract 
     requirements is necessary and justified for the purposes of 
     paragraph (1) if the benefits of the acquisition strategy 
     substantially exceed the benefits of each of the possible 
     alternative contracting approaches identified under 
     subparagraph (B) of that paragraph. However, savings in 
     administrative or personnel costs alone do not constitute, 
     for such purposes, a sufficient justification for a 
     consolidation of contract requirements in a procurement 
     unless the total amount of the cost savings is expected to be 
     substantial in relation to the total cost of the procurement.
       ``(3) Benefits considered for the purposes of paragraphs 
     (1) and (2) may include cost and, regardless of whether 
     quantifiable in dollar amounts--
       ``(A) quality;
       ``(B) acquisition cycle;
       ``(C) terms and conditions; and
       ``(D) any other benefit.
       ``(c) Definitions.--In this section:
       ``(1) The terms `consolidation of contract requirements' 
     and `consolidation', with respect to contract requirements of 
     a military department, Defense Agency, or Department of 
     Defense Field Activity, mean a use of a solicitation to 
     obtain offers for a single contract or a multiple award 
     contract to satisfy two or more requirements of that 
     department, agency, or activity for goods or services that 
     have previously been provided to, or performed for, that 
     department, agency, or activity under two or more separate 
     contracts smaller in cost than the total cost of the contract 
     for which the offers are solicited.
       ``(2) The term ``multiple award contract'' means--
       ``(A) a contract that is entered into by the Administrator 
     of General Services under the multiple award schedule program 
     referred to in section 2302(2)(C) of this title;
       ``(B) a multiple award task order contract or delivery 
     order contract that is entered into under the authority of 
     sections 2304a through 2304d of this title or sections 303H 
     through 303K of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253h through 253k); and
       ``(C) any other indeterminate delivery, indeterminate 
     quantity contract that is entered into by the head of a 
     Federal agency with two or more sources pursuant to the same 
     solicitation.
       ``(3) The term `senior procurement executive concerned' 
     means--
       ``(A) with respect to a military department, the official 
     designated under section 16(3) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 414(3)) as the senior 
     procurement executive for the military department; or
       ``(B) with respect to a Defense Agency or a Department of 
     Defense Field Activity, the official so designated for the 
     Department of Defense.
       ``(4) The term `small business concern' means a business 
     concern that is determined by the Administrator of the Small 
     Business Administration to be a small-business concern by 
     application of the standards prescribed under section

[[Page 13640]]

     3(a) of the Small Business Act (15 U.S.C. 632(a)).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2381 the following new item:

``2382. Consolidation of contract requirements: policy and 
              restrictions.''.

       (b) Data Review.--(1) The Secretary of Defense shall revise 
     the data collection systems of the Department of Defense to 
     ensure that such systems are capable of identifying each 
     procurement that involves a consolidation of contract 
     requirements within the department with a total value in 
     excess of $5,000,000.
       (2) The Secretary shall ensure that appropriate officials 
     of the Department of Defense periodically review the 
     information collected pursuant to paragraph (1) in 
     cooperation with the Small Business Administration--
       (A) to determine the extent of the consolidation of 
     contract requirements in the Department of Defense; and
       (B) to assess the impact of the consolidation of contract 
     requirements on the availability of opportunities for small 
     business concerns to participate in Department of Defense 
     procurements, both as prime contractors and as 
     subcontractors.
       (3) In this subsection:
       (A) The term ``consolidation of contract requirements'' has 
     the meaning given that term in section 2382(c)(1) of title 
     10, United States Code, as added by subsection (a).
       (B) The term ``small business concern'' means a business 
     concern that is determined by the Administrator of the Small 
     Business Administration to be a small-business concern by 
     application of the standards prescribed under section 3(a) of 
     the Small Business Act (15 U.S.C. 632(a)).
       (c) Applicability.--This section applies only with respect 
     to contracts entered into with funds authorized to be 
     appropriated by this Act.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department Officers and Agencies

     SEC. 901. CLARIFICATION OF RESPONSIBILITY OF MILITARY 
                   DEPARTMENTS TO SUPPORT COMBATANT COMMANDS.

       Sections 3013(c)(4), 5013(c)(4), and 8013(3)(c)(4) of title 
     10, United States Code, are amended by striking ``(to the 
     maximum extent practicable)''.

     SEC. 902. REDESIGNATION OF NATIONAL IMAGERY AND MAPPING 
                   AGENCY AS NATIONAL GEOSPATIAL-INTELLIGENCE 
                   AGENCY.

       (a) Redesignation.--The National Imagery and Mapping Agency 
     (NIMA) is hereby redesignated as the National Geospatial-
     Intelligence Agency (NGA).
       (b) Conforming Amendments.--
       (1) Title 10, united states code.--(A) Chapter 22 of title 
     10, United States Code, is amended by striking ``National 
     Imagery and Mapping Agency'' each place it appears (other 
     than the penultimate place it appears in section 461(b) of 
     such title) and inserting ``National Geospatial-Intelligence 
     Agency''.
       (B) Section 453(b) of such title is amended by striking 
     ``NIMA'' each place it appears and inserting ``NGA''.
       (C)(i) Subsection (b)(3) of section 424 of such title is 
     amended by striking ``National Imagery and Mapping Agency'' 
     and inserting ``National Geospatial-Intelligence Agency''.
       (ii) The heading for such section is amended to read as 
     follows:

     ``Sec. 424. Disclosure of organizational and personnel 
       information: exemption for Defense Intelligence Agency, 
       National Reconnaissance Office, and National Geospatial 
       Intelligence Agency''.

       (iii) The table of sections at the beginning of subchapter 
     I of chapter 21 of such title is amended in the item relating 
     to section 424 by striking ``National Imagery and Mapping 
     Agency'' and inserting ``National Geospatial-Intelligence 
     Agency''.
       (D) Section 425(a) of such title is amended--
       (i) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (ii) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) The words `National Geospatial-Intelligence Agency', 
     the initials `NGA', or the seal of the National Geospatial-
     Intelligence Agency.''.
       (E) Section 1614(2)(C) of such title is amended by striking 
     ``National Imagery and Mapping Agency'' and inserting 
     ``National Geospatial-Intelligence Agency''.
       (F)(i) The heading for chapter 22 of such title is amended 
     to read as follows:

        ``CHAPTER 22--NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.''

       (ii) The table of chapters at the beginning of subtitle A 
     of such title, and at the beginning of part I of such 
     subtitle, are each amended by striking the item relating to 
     chapter 22 and inserting the following new item:

``22. National Geospatial-Intelligence Agency................441''.....

       (2) National security act of 1947.--(A) Section 3(4)(E) of 
     the National Security Act of 1947 (50 U.S.C. 401a(4)(E)) is 
     amended by striking ``National Imagery and Mapping Agency'' 
     and inserting ``National Geospatial-Intelligence Agency''.
       (B) That Act is further amended by striking ``National 
     Imagery and Mapping Agency'' each place it appears in 
     sections 105, 105A, 105C, 106, and 110 (50 U.S.C. 403-5, 403-
     5a, 403-5c, 403-6, 404e) and inserting ``National Geospatial-
     Intelligence Agency''.
       (C) Section 105C of that Act (50 U.S.C. 403-5c) is further 
     amended--
       (i) by striking ``NIMA'' each place it appears and 
     inserting ``NGA''; and
       (ii) in subsection (a)(6)(B)(iv)(II), by striking 
     ``NIMA's'' and inserting ``NGA's''.
       (D) The heading for section 105C of that Act (50 U.S.C. 
     403-5c) is amended to read as follows:


     ``protection of operational files of the national geospatial-
                         intelligence agency''.

       (E) The heading for section 110 of that Act (50 U.S.C. 
     404e) is amended to read as follows:


    ``national mission of national geospatial-intelligence agency''.

       (F) The table of contents for that Act is amended--
       (i) by striking the item relating to section 105C and 
     inserting the following new item:

``Sec. 105C. Protection of operational files of the National 
              Geospatial-Intelligence Agency.'';

     and
       (ii) by striking the item relating to section 110 and 
     inserting the following new item:

``Sec. 110. National mission of National Geospatial-Intelligence 
              Agency.''.

       (c) Report on Utilization of Certain Data Extraction and 
     Exploitation Capabilities.--(1) Not later than 60 days after 
     the date of the enactment of this Act, the Director of the 
     National Geospatial-Intelligence Agency shall submit to the 
     appropriate committees of Congress a report on the status of 
     the efforts of the Agency to incorporate within the 
     Commercial Joint Mapping Tool Kit (C/JMTK) applications for 
     the rapid extraction and exploitation of three-dimensional 
     geospatial data from reconnaissance imagery.
       (2) In this subsection, the term ``appropriate committees 
     of Congress'' means--
       (A) the Committee on Armed Services, the Subcommittee on 
     Defense of the Committee on Appropriations, and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services, the Subcommittee on 
     Defense of the Committee on Appropriations, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (d) References.--Any reference to the National Imagery and 
     Mapping Agency or NIMA in any law, regulation, document, 
     paper, or other record of the United States shall be deemed 
     to be a reference to the National Geospatial-Intelligence 
     Agency or NGA, respectively.
       (e) Matters Relating to Geospatial Intelligence.--(1) 
     Section 442(a)(2) of title 10, United States Code, is amended 
     by striking ``Imagery, intelligence, and information'' and 
     inserting ``Geospatial intelligence''.
       (2) Section 467 of such title is amended by adding at the 
     end the following new paragraph:
       ``(5) The term `geospatial intelligence' means the 
     exploitation and analysis of imagery and geospatial 
     information to describe, assess, and visually depict physical 
     features and geographically referenced activities on the 
     earth, and includes imagery, imagery intelligence, and 
     geospatial information.''.
       (3) Section 110(a) of the National Security Act of 1947 (50 
     U.S.C. 404e(a)) is amended by striking ``imagery 
     requirements'' and inserting ``geospatial intelligence 
     requirements''.

     SEC. 903. STANDARDS OF CONDUCT FOR MEMBERS OF THE DEFENSE 
                   POLICY BOARD AND THE DEFENSE SCIENCE BOARD.

       (a) Standards Required.--Not later than 30 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall promulgate standards of conduct for members of the 
     Defense Policy Board and the Defense Science Board. The 
     purpose of the standards of conduct shall be to ensure public 
     confidence in the Defense Policy Board and the Defense 
     Science Board.
       (b) Issues To Be Addressed.--The standards of conduct 
     promulgated pursuant to subsection (a) shall address, at a 
     minimum, the following:
       (1) Conditions governing the access of Board members to 
     classified information and other confidential information 
     about the plans and operations of the Department of Defense 
     and appropriate limitations on any use of such information 
     for private gain.
       (2) Guidelines for addressing conflicting financial 
     interests and recusal from participation in matters affecting 
     such interests.
       (3) Guidelines regarding the lobbying of Department of 
     Defense officials or other contacts with Department of 
     Defense officials regarding matters in which Board members 
     may have financial interests.
       (c) Report to Congress.--The Secretary of Defense shall 
     provide the Committees on Armed Services of the Senate and 
     the House of Representatives with a copy of the standards of 
     conduct promulgated pursuant to subsection (a) immediately 
     upon promulgation of the standards.

                      Subtitle B--Space Activities

     SEC. 911. COORDINATION OF SPACE SCIENCE AND TECHNOLOGY 
                   ACTIVITIES OF THE DEPARTMENT OF DEFENSE.

       (a) Space Science and Technology Strategy.--(1) The Under 
     Secretary of the Air Force, in consultation with the Director 
     of Defense Research and Engineering, shall develop a space 
     science and technology strategy and shall review and, as 
     appropriate, revise the strategy annually.
       (2) The strategy shall, at a minimum, address the following 
     issues:
       (A) Short-term and long-term goals of the space science and 
     technology programs of the Department of Defense.

[[Page 13641]]

       (B) The process for achieving the goals, including an 
     implementation plan.
       (C) The process for assessing progress made toward 
     achieving the goals.
       (3) Not later than March 15, 2004, the Under Secretary 
     shall submit a report on the space science and technology 
     strategy to the Committees on Armed Services of the Senate 
     and the House of Representatives.
       (b) Required Coordination.--In executing the space science 
     and technology strategy, the directors of the research 
     laboratories of the Department of Defense, the heads of other 
     Department of Defense research components, and the heads of 
     all other appropriate organizations identified jointly by the 
     Under Secretary of the Air Force and the Director of Defense 
     Research and Engineering--
       (1) shall identify research laboratory projects that make 
     contributions pertaining directly and uniquely to the 
     development of space technology; and
       (2) may execute the identified projects only with the 
     concurrence of the Under Secretary of the Air Force.
       (c) General Accounting Office Review.--(1) The Comptroller 
     General shall review and assess the space science and 
     technology strategy developed under subsection (a) and the 
     effectiveness of the coordination process required under 
     subsection (b).
       (2) Not later than September 1, 2004, the Comptroller 
     General shall submit a report containing the findings and 
     assessment under paragraph (1) to the committees on Armed 
     Services of the Senate and the House of Representatives.
       (d) Definitions.--In this section:
       (1) The term ``research laboratory of the Department of 
     Defense'' means the following:
       (A) The Air Force Research Laboratory.
       (B) The Naval Research Laboratory.
       (C) The Office of Naval Research.
       (D) The Army Research Laboratory.
       (2) The term ``other Department of Defense research 
     component'' means the following:
       (A) The Defense Advanced Research Projects Agency.
       (B) The National Reconnaissance Office.

     SEC. 912. SPACE PERSONNEL CADRE.

       (a) Strategy Required.--(1) The Secretary of Defense shall 
     develop a human capital resources strategy for space 
     personnel of the Department of Defense.
       (2) The strategy shall be designed to ensure that the space 
     career fields of the military departments are integrated to 
     the maximum extent practicable.
       (b) Report.--Not later than February 1, 2004, the Secretary 
     shall submit a report on the strategy to the Committees on 
     Armed Services of the Senate and the House of 
     Representatives. The report shall contain the following 
     information:
       (1) The strategy.
       (2) An assessment of the progress made in integrating the 
     space career fields of the military departments.
       (3) A comprehensive assessment of the adequacy of the 
     establishment of the Air Force officer career field for space 
     under section 8084 of title 10, United States Code, as a 
     solution for correcting deficiencies identified by the 
     Commission To Assess United States National Security Space 
     Management and Organization (established under section 1621 
     of Public Law 106-65; 113 Stat. 813; 10 U.S.C. 111 note).
       (c) General Accounting Office Review.--(1) The Comptroller 
     General shall review the strategy developed under subsection 
     (a) the space career fields of the military departments and 
     the plans of the military departments for developing space 
     career fields. The review shall include an assessment of how 
     effective the strategy and the space career fields and plans, 
     when implemented, are likely to be for developing the 
     necessary cadre of personnel who are expert in space systems 
     development and space systems operations.
       (2) Not later than June 15, 2004, the Comptroller General 
     shall submit to the Committees referred to in subsection 
     (a)(2) a report on the results of the review under paragraph 
     (1), including the assessment required by such paragraph.

     SEC. 913. POLICY REGARDING ASSURED ACCESS TO SPACE FOR UNITED 
                   STATES NATIONAL SECURITY PAYLOADS.

       (a) Policy.--It is the policy of the United States for the 
     President to undertake actions appropriate to ensure, to the 
     maximum extent practicable, that the United States has the 
     capabilities necessary to launch and insert United States 
     national security payloads into space whenever such payloads 
     are needed in space.
       (b) Included Actions.--The appropriate actions referred to 
     in subsection (a) shall include, at a minimum, providing 
     resources and policy guidance to sustain--
       (1) the availability of at least two space launch vehicles 
     or families of space launch vehicles capable of delivering 
     into space all payloads designated as national security 
     payloads by the Secretary of Defense and the Director of 
     Central Intelligence; and
       (2) a robust space launch infrastructure and industrial 
     base.
       (c) Coordination.--The Secretary of Defense shall, to the 
     maximum extent practicable, pursue the attainment of the 
     capabilities described in subsection (a) in coordination with 
     the Administrator of the National Space and Aeronautics 
     Administration.

     SEC. 914. PILOT PROGRAM TO PROVIDE SPACE SURVEILLANCE NETWORK 
                   SERVICES TO ENTITIES OUTSIDE THE UNITED STATES 
                   GOVERNMENT.

       (a) Establishment.--The Secretary of Defense shall carry 
     out a pilot program to provide eligible entities outside the 
     Federal Government with satellite tracking services using 
     assets owned or controlled by the Department of Defense.
       (b) Eligible Entities.--The Secretary shall prescribe the 
     requirements for eligibility to obtain services under the 
     pilot program. The requirements shall, at a minimum, provide 
     eligibility for the following entities:
       (1) The governments of States.
       (2) The governments of political subdivisions of States.
       (3) United States commercial entities.
       (4) The governments of foreign countries.
       (5) Foreign commercial entities.
       (c) Sale of Services.--Services under the pilot program may 
     be provided by sale, except in the case of services provided 
     to a government described in paragraph (1) or (2) of 
     subsection (b).
       (d) Contractor Intermediaries.--Services under the pilot 
     program may be provided either directly to an eligible entity 
     or through a contractor of the United States or a contractor 
     of an eligible entity.
       (e) Satellite Data and Related Analyses.--The services 
     provided under the pilot program may include satellite 
     tracking data or any analysis of satellite data if the 
     Secretary determines that it is in the national security 
     interests of the United States for the services to include 
     such data or analysis, respectively.
       (f) Reimbursement of Costs.--The Secretary may require an 
     entity purchasing services under the pilot program to 
     reimburse the Department of Defense for the costs incurred by 
     the Department in entering into the sale.
       (g) Crediting to Charged Accounts.--(1) The proceeds of a 
     sale of services under the pilot program, together with any 
     amounts reimbursed under subsection (f) in connection with 
     the sale, shall be credited to the appropriation for the 
     fiscal year in which collected that is or corresponds to the 
     appropriation charged the costs of such services.
       (2) Amounts credited to an appropriation under paragraph 
     (1) shall be merged with other sums in the appropriation and 
     shall be available for the same period and the same purposes 
     as the sums with which merged.
       (h) Nontransferability Agreement.--The Secretary shall 
     require a recipient of services under the pilot program to 
     enter into an agreement not to transfer any data or technical 
     information, including any analysis of satellite tracking 
     data, to any other entity without the expressed approval of 
     the Secretary.
       (i) Prohibition Concerning Intelligence Assets or Data.--
     Services and information concerning, or derived from, United 
     States intelligence assets or data may not be provided under 
     the pilot program.
       (j) Definitions.--In this section:
       (1) The term ``United States commercial entity'' means an 
     entity that is involved in commerce and is organized under 
     laws of a State, the District of Columbia, the Commonwealth 
     of Puerto Rico, Guam, the United States Virgin Islands, the 
     Commonwealth of the Northern Mariana Islands, or American 
     Samoa.
       (2) The term ``foreign commercial entity'' means an entity 
     that is involved in commerce and is organized under laws of a 
     foreign country.
       (k) Duration of Pilot Program.--The pilot program under 
     this section shall be conducted for three years beginning on 
     a date designated by the Secretary of Defense, but not later 
     than 180 days after the date of the enactment of this Act.

     SEC. 915. CONTENT OF BIENNIAL GLOBAL POSITIONING SYSTEM 
                   REPORT.

       (a) Revised Content.--Paragraph (1) of section 2281(d) of 
     title 10, United States Code, is amended--
       (1) by striking subparagraph (C);
       (2) in subparagraph (E), by striking ``Any progress made 
     toward'' and inserting ``Progress and challenges in'';
       (3) by striking subparagraph (F), and inserting the 
     following:
       ``(F) Progress and challenges in protecting GPS from 
     jamming, disruption, and interference.'';
       (4) by redesignating subparagraphs (D), (E), and (F), as 
     subparagraphs (C), (D), and (E), respectively; and
       (5) by inserting after subparagraph (E), as so 
     redesignated, the following new subparagraph (F):
       ``(F) Progress and challenges in developing the enhanced 
     Global Positioning System required by section 218(b) of 
     Public Law 105-261 (112 Stat. 1951; 10 U.S.C. 2281 note).''.
       (b) Conforming Amendment.--Paragraph (2) of such section 
     2281(d) is amended by inserting ``(C),'' after ``under 
     subparagraphs''.

                       Subtitle C--Other Matters

     SEC. 921. COMBATANT COMMANDER INITIATIVE FUND.

       (a) Redesignation of CINC Initiative Fund.--(1) The CINC 
     Initiative Fund administered under section 166a of title 10, 
     United States Code, is redesignated as the ``Combatant 
     Commander Initiative Fund''.
       (2) Section 166a of title 10, United States Code, is 
     amended--
       (A) by striking the heading for subsection (a) and 
     inserting ``Combatant Commander Initiative Fund.--``; and
       (B) by striking ``CINC Initiative Fund'' in subsections 
     (a), (c), and (d), and inserting ``Combatant Commander 
     Initiative Fund''.
       (3) Any reference to the CINC Initiative Fund in any other 
     provision of law or in any regulation, document, record, or 
     other paper of the United States shall be considered to be a 
     reference to the Combatant Commander Initiative Fund.

[[Page 13642]]

       (b) Authorized Activities.--Subsection (b) of section 166a 
     of title 10, United States Code, is amended by adding at the 
     end the following new paragraph:
       ``(10) Joint warfighting capabilities.''.
       (c) Increased Maximum Amounts Authorized for Use.--
     Subsection (e)(1) of such section is amended--
       (1) in subparagraph (A), by striking ``$7,000,000'' and 
     inserting ``$15,000,000'';
       (2) in subparagraph (B), by striking ``$1,000,000'' and 
     inserting ``$10,000,000''; and
       (3) in subparagraph (C), by striking ``$2,000,000'' and 
     inserting ``$10,000,000''.

     SEC. 922. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD 
                   THE DEGREE OF MASTER OF OPERATIONAL STUDIES.

       Section 7102(b) of title 10, United States Code, is 
     amended--
       (1) by striking ``Marine Corps War College.--'' and 
     inserting ``Awarding of Degrees.--(1)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Upon the recommendation of the Director and faculty 
     of the Command and Staff College of the Marine Corps 
     University, the President of the Marine Corps University may 
     confer the degree of master of operational studies upon 
     graduates of the School of Advanced Warfighting of the 
     Command and Staff College who fulfill the requirements for 
     that degree.''.

     SEC. 923. REPORT ON CHANGING ROLES OF UNITED STATES SPECIAL 
                   OPERATIONS COMMAND.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     changing roles of the United States Special Operations 
     Command.
       (b) Content of Report.--(1) The report shall specifically 
     discuss in detail the following matters:
       (A) The expanded role of the United States Special 
     Operations Command in the global war on terrorism.
       (B) The reorganization of the United States Special 
     Operations Command to function as a supported combatant 
     command for planning and executing operations.
       (C) The role of the United States Special Operations 
     Command as a supporting combatant command.
       (2) The report shall also include, in addition to the 
     matters discussed pursuant to paragraph (1), a discussion of 
     the following matters:
       (A) The military strategy to employ the United States 
     Special Operations Command to fight the war on terrorism and 
     how that strategy contributes to the overall national 
     security strategy with regard to the global war on terrorism.
       (B) The scope of the authority granted to the commander of 
     the United States Special Operations Command to act as a 
     supported commander and to prosecute the global war on 
     terrorism.
       (C) The operational and legal parameters within which the 
     commander of the United States Special Operations Command is 
     to exercise command authority in foreign countries when 
     taking action against foreign and United States citizens 
     engaged in terrorist activities.
       (D) The decisionmaking procedures for authorizing, 
     planning, and conducting individual missions, including 
     procedures for consultation with Congress.
       (E) The procedures for the commander of the United States 
     Special Operations Command to use to coordinate with 
     commanders of other combatant commands, especially geographic 
     commands.
       (F) Future organization plans and resource requirements for 
     conducting the global counterterrorism mission.
       (G) The impact of the changing role of the United States 
     Special Operations Command on other special operations 
     missions, including foreign internal defense, psychological 
     operations, civil affairs, unconventional warfare, 
     counterdrug activities, and humanitarian activities.
       (c) Forms of Report.--The report shall be submitted in 
     unclassified form and, as necessary, in classified form.

     SEC. 924. INTEGRATION OF DEFENSE INTELLIGENCE, SURVEILLANCE, 
                   AND RECONNAISSANCE CAPABILITIES

       (a) Findings.--Congress makes the following findings:
       (1) As part of transformation efforts within the Department 
     of Defense, each of the Armed Forces is developing 
     intelligence, surveillance, and reconnaissance capabilities 
     that best support future war fighting as envisioned by the 
     leadership of the military department concerned.
       (2) Concurrently, intelligence agencies of the Department 
     of Defense outside the military departments are developing 
     transformation roadmaps to best support the future 
     decisionmaking and war fighting needs of their principal 
     customers, but are not always closely coordinating those 
     efforts with the intelligence, surveillance, and 
     reconnaissance development efforts of the military 
     departments.
       (3) A senior official of each military department has been 
     designated as the integrator of intelligence, surveillance, 
     and reconnaissance for each of the Armed Forces in such 
     military department, but there is not currently a well-
     defined forum where the integrators of intelligence, 
     surveillance, and reconnaissance capabilities for each of the 
     Armed Forces can routinely interact with each other and with 
     senior representatives of Department of Defense intelligence 
     agencies, as well as with other members of the intelligence 
     community, to ensure unity of effort and to preclude 
     unnecessary duplication of effort.
       (4) The current funding structure of a National Foreign 
     Intelligence Program (NFIP), Joint Military Intelligence 
     Program (JMIP), and Tactical Intelligence and Related 
     Activities Program (TIARA) might not be the best approach for 
     supporting the development of an intelligence, surveillance, 
     and reconnaissance structure that is integrated to meet the 
     national security requirements of the United States in the 
     21st century.
       (5) The position of Under Secretary of Defense for 
     Intelligence was established in 2002 by Public Law 107-314 in 
     order to facilitate resolution of the challenges to achieving 
     an integrated intelligence, surveillance, and reconnaissance 
     structure in the Department of Defense to meet such 21st 
     century requirements.
       (b) Goal.--It shall be a goal of the Department of Defense 
     to fully coordinate and integrate the intelligence, 
     surveillance, and reconnaissance capabilities and 
     developmental activities of the military departments, 
     intelligence agencies of the Department of Defense, and 
     relevant combatant commands as those departments, agencies, 
     and commands transform their intelligence, surveillance, and 
     reconnaissance systems to meet current and future needs.
       (c) Requirement.--(1) The Under Secretary of Defense for 
     Intelligence shall establish an Intelligence, Surveillance, 
     and Reconnaissance Integration Council to provide a permanent 
     forum for the discussion and arbitration of issues relating 
     to the integration of intelligence, surveillance, and 
     reconnaissance capabilities.
       (2) The Council shall be composed of the senior 
     intelligence officers of the Armed Forces and the United 
     States Special Operations Command, the Director of Operations 
     of the Joint Staff, and the directors of the intelligence 
     agencies of the Department of Defense.
       (3) The Under Secretary of Defense for Intelligence shall 
     invite the participation of the Director of Central 
     Intelligence or his representative in the proceedings of the 
     Council.
       (d) ISR Integration Roadmap.--The Under Secretary of 
     Defense for Intelligence, in consultation with the 
     Intelligence, Surveillance, and Reconnaissance Integration 
     Council and the Director of Central Intelligence, shall 
     develop a comprehensive Defense Intelligence, Surveillance, 
     and Reconnaissance Integration Roadmap to guide the 
     development and integration of the Department of Defense 
     intelligence, surveillance, and reconnaissance capabilities 
     for 15 years.
       (e) Report.--(1) Not later than September 30, 2004, the 
     Under Secretary of Defense for Intelligence shall submit to 
     the committees of Congress specified in paragraph (2) a 
     report on the Defense Intelligence, Surveillance, and 
     Reconnaissance Integration Roadmap developed under subsection 
     (d). The report shall include the following matters:
       (A) The fundamental goals established in the roadmap.
       (B) An overview of the intelligence, surveillance, and 
     reconnaissance integration activities of the military 
     departments and the intelligence agencies of the Department 
     of Defense.
       (C) An investment strategy for achieving--
       (i) an integration of Department of Defense intelligence, 
     surveillance, and reconnaissance capabilities that ensures 
     sustainment of needed tactical and operational efforts; and
       (ii) efficient investment in new intelligence, 
     surveillance, and reconnaissance capabilities.
       (D) A discussion of how intelligence gathered and analyzed 
     by the Department of Defense can enhance the role of the 
     Department of Defense in fulfilling its homeland security 
     responsibilities.
       (E) A discussion of how counterintelligence activities of 
     the Armed Forces and the Department of Defense intelligence 
     agencies can be better integrated.
       (F) Recommendations on how annual funding authorizations 
     and appropriations can be optimally structured to best 
     support the development of a fully integrated Department of 
     Defense intelligence, surveillance, and reconnaissance 
     architecture.
       (2) The committees of Congress referred to in paragraph (1) 
     are as follows:
       (A) The Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate.
       (B) The Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.

     SEC. 925. ESTABLISHMENT OF THE NATIONAL GUARD OF THE NORTHERN 
                   MARIANA ISLANDS.

       (a) Establishment.--The Secretary of Defense may cooperate 
     with the Governor of the Northern Mariana Islands to 
     establish the National Guard of the Northern Mariana Islands, 
     and may integrate into the Army National Guard of the United 
     States and the Air National Guard of the United States the 
     members of the National Guard of the Northern Mariana Islands 
     who are granted Federal recognition under title 32, United 
     States Code.
       (b) Amendments to Title 10.--(1) Section 101 of title 10, 
     United States Code, is amended--
       (A) in subsection (c), by inserting ``the Northern Mariana 
     Islands,'' after ``Puerto Rico,'' in paragraphs (2) and (4); 
     and
       (B) in subsection (d)(5), by inserting ``the Commonwealth 
     of the Northern Mariana Islands,'' after ``the Commonwealth 
     of Puerto Rico,''.
       (2) Section 10001 of such title is amended by inserting 
     ``the Commonwealth of the Northern

[[Page 13643]]

     Mariana Islands,'' after ``the Commonwealth of Puerto 
     Rico,''.
       (c) Amendments to Title 32.--Title 32, United States Code, 
     is amended as follows:
       (1) Section 101 is amended--
       (A) in paragraphs (4) and (6), by inserting ``, the 
     Northern Mariana Islands,'' after ``Puerto Rico''; and
       (B) in paragraph (19), by inserting ``the Commonwealth of 
     the Northern Mariana Islands,'' after ``the Commonwealth of 
     Puerto Rico,''.
       (2) Section 103 is amended by inserting ``, the Northern 
     Mariana Islands,'' after ``Puerto Rico''.
       (3) Section 104 is amended--
       (A) in subsection (a), by striking ``and Puerto Rico'' and 
     inserting ``, Puerto Rico, and the Northern Mariana 
     Islands''; and
       (B) in subsections (c) and (d), by inserting ``, the 
     Northern Mariana Islands,'' after ``Puerto Rico''.
       (4) Section 107(b) is amended by inserting ``, the Northern 
     Mariana Islands,'' after ``Puerto Rico''.
       (5) Section 109 is amended by inserting ``the Northern 
     Mariana Islands'' in subsections (a), (b), and (c) after 
     ``Puerto Rico,''.
       (6) Section 112(i)(3) is amended by inserting ``the 
     Commonwealth of the Northern Mariana Islands,'' after ``the 
     Commonwealth of Puerto Rico,''.
       (7) Section 304 is amended by inserting ``, the Northern 
     Mariana Islands,'' after ``or of Puerto Rico'' in the 
     sentence following the oath.
       (8) Section 314 is amended by inserting ``, the Northern 
     Mariana Islands,'' after ``Puerto Rico'' in subsections (a) 
     and (d).
       (9) Section 315 is amended by inserting ``, the Northern 
     Mariana Islands,'' after ``Puerto Rico'' each place it 
     appears.
       (10) Section 325(a) is amended by inserting ``, the 
     Northern Mariana Islands,'' after ``Puerto Rico''.
       (11) Section 501(b) is amended by inserting ``, the 
     Northern Mariana Islands,'' after ``Puerto Rico''.
       (12) Section 503(b) is amended by inserting ``, the 
     Northern Mariana Islands,'' after ``Puerto Rico''.
       (13) Section 504(b) is amended by inserting ``, the 
     Northern Mariana Islands,'' after ``Puerto Rico''.
       (14) Section 505 is amended by inserting ``or the Northern 
     Mariana Islands,'' after ``Puerto Rico,'' in the first 
     sentence.
       (15) Section 509(l)(1) is amended by inserting ``the 
     Commonwealth of the Northern Mariana Islands,'' after ``the 
     Commonwealth of Puerto Rico,''.
       (16) Section 702 is amended--
       (A) in subsection (a), by inserting ``, or the Northern 
     Mariana Islands,'' after ``Puerto Rico''; and
       (B) in subsections (b), (c), and (d), by inserting ``, the 
     Northern Mariana Islands,'' after ``Puerto Rico''.
       (17) Section 703 is amended by inserting ``, the Northern 
     Mariana Islands,'' after ``Puerto Rico'' in subsections (a) 
     and (b).
       (18) Section 704 is amended by inserting ``, the Northern 
     Mariana Islands,'' after ``Puerto Rico'' in subsections (a) 
     and (b).
       (19) Section 708 is amended--
       (A) in subsection (a), by striking ``and Puerto Rico,'' and 
     inserting ``Puerto Rico, and the Northern Mariana Islands,''; 
     and
       (B) in subsection (d), by inserting ``, the Northern 
     Mariana Islands,'' after ``Puerto Rico''.
       (20) Section 710 is amended by inserting ``, the Northern 
     Mariana Islands,'' after ``Puerto Rico'' each place it 
     appears in subsections (c), (d)(3), (e), and (f)(1).
       (21) Section 711 is amended by inserting ``, the Northern 
     Mariana Islands,'' after ``Puerto Rico''.
       (22) Section 712(1) is amended by inserting ``, the 
     Northern Mariana Islands,'' after ``Puerto Rico''.
       (23) Section 715(c) is amended by striking ``or the 
     District of Columbia or Puerto Rico,'' and inserting ``, the 
     District of Columbia, Puerto Rico, or the Northern Mariana 
     Islands''.
       (d) Amendments to Title 37.--Section 101 of title 37, 
     United States Code, is amended by striking ``the Canal 
     Zone,'' in paragraphs (7) and (9) and inserting ``the 
     Northern Mariana Islands,''.
       (e) Other References.--Any reference that is made in any 
     other provision of law or in any regulation of the United 
     States to a State, or to the Governor of a State, in relation 
     to the National Guard (as defined in section 101(3) of title 
     32, United States Code) shall be considered to include a 
     reference to the Commonwealth of the Northern Mariana Islands 
     or to the Governor of the Northern Mariana Islands, 
     respectively.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

     SEC. 1001. TRANSFER AUTHORITY.

       (a) Authority To Transfer Authorizations.--(1) Upon 
     determination by the Secretary of Defense that such action is 
     necessary in the national interest, the Secretary may 
     transfer amounts of authorizations made available to the 
     Department of Defense in this division for fiscal year 2004 
     between any such authorizations for that fiscal year (or any 
     subdivisions thereof). Amounts of authorizations so 
     transferred shall be merged with and be available for the 
     same purposes as the authorization to which transferred.
       (2) The total amount of authorizations that the Secretary 
     may transfer under the authority of this section may not 
     exceed $3,000,000,000.
       (b) Limitations.--The authority provided by this section to 
     transfer authorizations--
       (1) may only be used to provide authority for items that 
     have a higher priority than the items from which authority is 
     transferred; and
       (2) may not be used to provide authority for an item that 
     has been denied authorization by Congress.
       (c) Effect on Authorization Amounts.--A transfer made from 
     one account to another under the authority of this section 
     shall be deemed to increase the amount authorized for the 
     account to which the amount is transferred by an amount equal 
     to the amount transferred.
       (d) Notice to Congress.--The Secretary shall promptly 
     notify Congress of each transfer made under subsection (a).

     SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED 
                   BUDGETS IN FISCAL YEAR 2004.

       (a) Fiscal Year 2004 Limitation.--The total amount 
     contributed by the Secretary of Defense in fiscal year 2004 
     for the common-funded budgets of NATO may be any amount up 
     to, but not in excess of, the amount specified in subsection 
     (b) (rather than the maximum amount that would otherwise be 
     applicable to those contributions under the fiscal year 1998 
     baseline limitation).
       (b) Total Amount.--The amount of the limitation applicable 
     under subsection (a) is the sum of the following:
       (1) The amounts of unexpended balances, as of the end of 
     fiscal year 2003, of funds appropriated for fiscal years 
     before fiscal year 2004 for payments for those budgets.
       (2) The amount specified in subsection (c)(1).
       (3) The amount specified in subsection (c)(2).
       (4) The total amount of the contributions authorized to be 
     made under section 2501.
       (c) Authorized Amounts.--Amounts authorized to be 
     appropriated by titles II and III of this Act are available 
     for contributions for the common-funded budgets of NATO as 
     follows:
       (1) Of the amount provided in section 201(1), $853,000 for 
     the Civil Budget.
       (2) Of the amount provided in section 301(1), $207,125,000 
     for the Military Budget.
       (d) Definitions.--For purposes of this section:
       (1) Common-funded budgets of nato.--The term ``common-
     funded budgets of NATO'' means the Military Budget, the 
     Security Investment Program, and the Civil Budget of the 
     North Atlantic Treaty Organization (and any successor or 
     additional account or program of NATO).
       (2) Fiscal year 1998 baseline limitation.--The term 
     ``fiscal year 1998 baseline limitation'' means the maximum 
     annual amount of Department of Defense contributions for 
     common-funded budgets of NATO that is set forth as the annual 
     limitation in section 3(2)(C)(ii) of the resolution of the 
     Senate giving the advice and consent of the Senate to the 
     ratification of the Protocols to the North Atlantic Treaty of 
     1949 on the Accession of Poland, Hungary, and the Czech 
     Republic (as defined in section 4(7) of that resolution), 
     approved by the Senate on April 30, 1998.

     SEC. 1003. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR 
                   FISCAL YEAR 2003.

       (a) DOD and DOE Authorizations.--Amounts authorized to be 
     appropriated to the Department of Defense and the Department 
     of Energy for fiscal year 2003 in the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003 (Public Law 
     107-314) are hereby adjusted, with respect to any such 
     authorized amount, by the amount by which appropriations 
     pursuant to such authorization are increased (by a 
     supplemental appropriation) or decreased (by a rescission), 
     or both, or are increased by a transfer of funds, pursuant to 
     title I of Public Law 108-11.
       (b) Report on Fiscal Year 2003 Transfers.--Not later than 
     30 days after the end of each fiscal quarter for which 
     unexpended balances of funds appropriated under title I of 
     Public Law 108-11 are available for the Department of 
     Defense, the Secretary of Defense shall submit to the 
     congressional defense committees a report stating, for each 
     transfer of such funds during such fiscal quarter of an 
     amount provided for the Department of Defense through a so-
     called ``transfer account'', including the Iraqi Freedom Fund 
     or any other similar account--
       (1) the amount of the transfer;
       (2) the appropriation account to which the transfer was 
     made; and
       (3) the specific purpose for which the transferred funds 
     were used or are to be used.

           Subtitle B--Improvement of Travel Card Management

     SEC. 1011. MANDATORY DISBURSEMENT OF TRAVEL ALLOWANCES 
                   DIRECTLY TO TRAVEL CARD CREDITORS.

       Section 2784a(a) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``The Secretary of 
     Defense may require'' and inserting ``The Secretary of 
     Defense shall require'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Secretary of Defense may waive the requirement 
     for a direct payment to a travel care issuer under paragraph 
     (1) in any case in which it is determined under regulations 
     prescribed by the Secretary that the direct payment would be 
     against equity and good conscience or would be contrary to 
     the best interests of the United States.''.

     SEC. 1012. DETERMINATIONS OF CREDITWORTHINESS FOR ISSUANCE OF 
                   DEFENSE TRAVEL CARD.

       Section 2784a of title 10, United States Code, is amended--

[[Page 13644]]

       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Determinations of Creditworthiness for Issuance of 
     Defense Travel Card.--(1) The Secretary of Defense shall 
     require that the creditworthiness of an individual be 
     evaluated before a Defense travel card is issued to the 
     individual. The evaluation may include an examination of the 
     individual's credit history in available credit records.
       ``(2) An individual may not be issued a Defense travel card 
     if the individual is found not creditworthy as a result of 
     the evaluation required under paragraph (1).''.

     SEC. 1013. DISCIPLINARY ACTIONS AND ASSESSING PENALTIES FOR 
                   MISUSE OF DEFENSE TRAVEL CARDS.

       (a) Requirement for Guidance.--The Secretary of Defense 
     shall prescribe guidelines and procedures for making 
     determinations regarding the taking of disciplinary action, 
     including assessment of penalties, against Department of 
     Defense personnel for improper, fraudulent, or abusive use of 
     Defense travel cards by such personnel.
       (b) Actions Covered.--The disciplinary actions and 
     penalties covered by the guidance and procedures prescribed 
     under subsection (a) may include the following:
       (1) Civil actions for false claims under sections 3729 
     through 3731 of title 31, United States Code.
       (2) Administrative remedies for false claims and statements 
     provided under chapter 38 of title 31, United States Code.
       (3) In the case of civilian personnel, adverse personnel 
     actions under chapter 75 of title 5, United States Code, and 
     any other disciplinary actions available under law for 
     employees of the United States.
       (4) In the case of members of the Armed Forces, 
     disciplinary actions and penalties under chapter 47 of title 
     10, United States Code (the Uniform Code of Military 
     Justice).
       (c) Report.--Not later than February 1, 2004, the Secretary 
     of Defense shall submit to the Committees on Armed Services 
     of the Senate and the House of Representatives a report on 
     the guidelines and penalties prescribed under subsection (a). 
     The report shall include the following:
       (1) The guidelines and penalties.
       (2) A discussion of the implementation of the guidelines 
     and penalties.
       (3) A discussion of any additional administrative action, 
     or any recommended legislation, that the Secretary considers 
     necessary to effectively take disciplinary action against and 
     penalize Department of Defense personnel for improper, 
     fraudulent, or abusive use of Defense travel cards by such 
     personnel.
       (d) Defense Travel Card Defined.--In this section, the term 
     ``Defense travel card'' has the meaning given such term in 
     section 2784a(d)(1) of title 10, United States Code.

                          Subtitle C--Reports

     SEC. 1021. ELIMINATION AND REVISION OF VARIOUS REPORTING 
                   REQUIREMENTS APPLICABLE TO THE DEPARTMENT OF 
                   DEFENSE.

       (a) Provisions of Title 10.--Title 10, United States Code, 
     is amended as follows:
       (1) Section 128 is amended by striking subsection (d).
       (2) Section 437 is amended--
       (A) by striking subsection (b); and
       (B) in subsection (c)--
       (i) by striking ``and'' at the end of paragraph (2);
       (ii) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (iii) by adding at the end the following new paragraph:
       ``(4) a description of each corporation, partnership, and 
     other legal entity that was established during such fiscal 
     year.''.
       (3)(A) Section 520c is amended--
       (i) by striking subsection (b);
       (ii) by striking ``(a) Provision of Meals and 
     Refreshments.--''; and
       (iii) by striking the heading for such section and 
     inserting the following:

     ``Sec. 520c. Provision of meals and refreshments for 
       recruiting purposes''.

       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 31 of such title is 
     amended to read as follow:

``520c. Provision of meals and refreshments for recruiting purposes.''.

       (4) Section 986 is amended by striking subsection (e).
       (5) Section 1060 is amended by striking subsection (d).
       (6) Section 2212 is amended by striking subsections (d) and 
     (e).
       (7) Section 2224 is amended by striking subsection (e).
       (8) Section 2255(b) is amended--
       (A) by striking paragraph (2);
       (B) by striking ``(b) Exception.--(1)'' and inserting ``(b) 
     Exception.--'';
       (C) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively; and
       (D) by redesignating clauses (i), (ii), and (iii) as 
     subparagraphs (A), (B), and (C), respectively.
       (9) Section 2323(i) is amended by striking paragraph (3).
       (10) Section 2350a is amended by striking subsection (f).
       (11) Section 2350b(d) is amended--
       (A) by striking paragraphs (1) and (2) and inserting the 
     following new paragraph:
       ``(1) Not later than 90 days after the end of each fiscal 
     year in which the Secretary of Defense has authority 
     delegated as described in subsection (a), the Secretary shall 
     submit to Congress a report on the administration of such 
     authority under this section. The report for a fiscal year 
     shall include the following information:
       ``(A) Each prime contract that the Secretary required to be 
     awarded to a particular prime contractor during such fiscal 
     year, and each subcontract that the Secretary required be 
     awarded to a particular subcontractor during such fiscal 
     year, to comply with a cooperative agreement, together with 
     the reasons that the Secretary exercised authority to 
     designate a particular contractor or subcontractor, as the 
     case may be.
       ``(B) Each exercise of the waiver authority under 
     subsection (c) during such fiscal year, including the 
     particular provision or provisions of law that were 
     waived.''; and
       (B) by redesignating paragraph (3) as paragraph (2).
       (12) Section 2371(h) is amended by adding at the end the 
     following new paragraph:
       ``(3) No report is required under this section for fiscal 
     years after fiscal year 2006.''.
       (13) Section 2515(d) is amended--
       (A) by striking ``Annual Report.--'' and inserting 
     ``Biennial Report.--''; and
       (B) in paragraph (1)--
       (i) in the second sentence, by striking ``each year'' and 
     inserting ``each even-numbered year''; and
       (ii) in the third sentence, by striking ``during the fiscal 
     year'' and inserting ``during the two fiscal years''.
       (14) Section 2541d is amended--
       (A) by striking subsection (b); and
       (B) by striking ``(a) Report by Commercial Firms to 
     Secretary of Defense.--''.
       (15) Section 2645(d) is amended--
       (A) by striking ``to Congress'' and all that follows 
     through ``notification of the loss'' in paragraph (1) and 
     inserting ``to Congress notification of the loss'';
       (B) by striking ``loss; and'' and inserting ``loss.''; and
       (C) by striking paragraph (2).
       (16) Section 2680 is amended by striking subsection (e).
       (17) Section 2688(e) is amended to read as follows:
       ``(e) Quarterly Report.--(1) Not later than 30 days after 
     the end of each quarter of a fiscal year, the Secretary shall 
     submit to the congressional defense committees a report on 
     the conveyances made under subsection (a) during such fiscal 
     quarter. The report shall include, for each such conveyance, 
     an economic analysis (based upon accepted life-cycle costing 
     procedures approved by the Secretary of Defense) 
     demonstrating that--
       ``(A) the long-term economic benefit of the conveyance to 
     the United States exceeds the long-term economic cost of the 
     conveyance to the United States; and
       ``(B) the conveyance will reduce the long-term costs of the 
     United States for utility services provided by the utility 
     system concerned.
       ``(2) In this section, the term `congressional defense 
     committees' means the following:
       ``(A) The Committee on Armed Services and the Committee on 
     Appropriations of the Senate.
       ``(B) The Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.''.
       (18) Section 2807(b) is amended by striking ``$500,000'' 
     and inserting ``$1,000,000''.
       (19) Section 2827 is amended--
       (A) by striking subsection (b); and
       (B) by striking ``(a) Subject to subsection (b), the 
     Secretary'' and inserting ``The Secretary''.
       (20) Section 2902(g) is amended--
       (A) by striking paragraph (2); and
       (B) by striking ``(g)(1)'' and inserting ``(g)''.
       (21) Section 9514 is amended--
       (A) in subsection (c)--
       (i) by striking ``to Congress'' and all that follows 
     through ``notification of the loss'' in paragraph (1) and 
     inserting ``to Congress notification of the loss'';
       (ii) by striking ``loss; and'' and inserting ``loss.''; and
       (iii) by striking paragraph (2); and
       (B) by striking subsection (f).
       (b) National Defense Authorization Act for Fiscal Years 
     1992 and 1993.--Section 734 of the National Defense 
     Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
     102-190; 105 Stat. 1411; 10 U.S.C. 1074 note) is amended by 
     striking subsection (c).
       (c) National Defense Authorization Act for Fiscal Year 
     1993.--Section 324 of the National Defense Authorization Act 
     for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2367; 10 
     U.S.C. 2701 note) is amended--
       (1) by striking subsection (b); and
       (2) in subsection (a), by striking ``(a) Sense of 
     Congress.--''.
       (d) National Defense Authorization Act for Fiscal Year 
     1995.--Section 721 of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2804; 10 
     U.S.C. 1074 note) is amended by striking subsection (h).
       (e) National Defense Authorization Act for Fiscal Year 
     1997.--Section 324(c) of the National Defense Authorization 
     Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2480; 
     10 U.S.C. 2706 note) is amended by inserting ``before 2006'' 
     after ``submitted to Congress''.
       (f) Strom Thurmond National Defense Authorization Act for 
     Fiscal Year 1999.--The Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261) 
     is amended--
       (1) in section 745(e) (112 Stat. 2078; 10 U.S.C. 1071 
     note)--

[[Page 13645]]

       (A) by striking paragraph (2); and
       (B) by striking ``TRICARE.--(1) The'' and inserting 
     ``TRICARE.--The'' ; and
       (2) effective on January 1, 2004, by striking section 1223 
     (112 Stat. 2154; 22 U.S.C. 1928 note).
       (g) National Defense Authorization Act for Fiscal Year 
     2000.--The National Defense Authorization Act for Fiscal Year 
     2000 (Public Law 106-65) is amended--
       (1) by striking section 1025 (113 Stat. 748; 10 U.S.C. 113 
     note);
       (2) in section 1039 (113 Stat. 756; 10 U.S.C. 113 note), by 
     striking subsection (b); and
       (3) in section 1201 (113 Stat. 779; 10 U.S.C. 168 note) by 
     striking subsection (d).
       (h) Department of Defense and Emergency Supplemental 
     Appropriations for Recovery From and Response to Terrorist 
     Attacks on the United States Act, 2002.--Section 8009 of the 
     Department of Defense and Emergency Supplemental 
     Appropriations for Recovery from and Response to Terrorist 
     Attacks on the United States Act, 2002 (Public Law 107-117; 
     115 Stat. 2249) is amended by striking ``, and these 
     obligations shall be reported to the Congress as of September 
     30 of each year''.

     SEC. 1022. GLOBAL STRIKE PLAN.

       (a) Integrated Plan for Prompt Global Strike.--The 
     Secretary of Defense shall prescribe an integrated plan for 
     developing, deploying, and sustaining a prompt global strike 
     capability in the Armed Forces. The Secretary shall update 
     the plan annually.
       (b) Reports Required.--(1) Not later than April 1 of each 
     of 2004, 2005, and 2006, the Secretary shall submit to the 
     congressional defense committees a report on the plan 
     prescribed under subsection (a).
       (2) Each report required under paragraph (1) shall include 
     the following:
       (A) A description and assessment of the targets against 
     which long-range strike assets might be directed and the 
     conditions under which the assets might be used.
       (B) The role of, and plans for ensuring, sustainment and 
     modernization of current long-range strike assets, including 
     bombers, intercontinental ballistic missiles, and submarine 
     launched ballistic missiles.
       (C) A description of the capabilities desired for advanced 
     long-range strike assets and plans to achieve those 
     capabilities.
       (D) A description of the capabilities desired for advanced 
     conventional munitions and the plans to achieve those 
     capabilities.
       (E) An assessment of advanced nuclear concepts that could 
     contribute to the prompt global strike mission.
       (F) An assessment of the command, control, and 
     communications capabilities necessary to support prompt 
     global strike capabilities.
       (G) An assessment of intelligence, surveillance, and 
     reconnaissance capabilities necessary to support prompt 
     global strike capabilities.
       (H) A description of how prompt global strike capabilities 
     are to be integrated with theater strike capabilities.
       (I) An estimated schedule for achieving the desired prompt 
     global strike capabilities.
       (J) The estimated cost of achieving the desired prompt 
     global strike capabilities.
       (K) A description of ongoing and future studies necessary 
     for updating the plan appropriately.

     SEC. 1023. REPORT ON THE CONDUCT OF OPERATION IRAQI FREEDOM.

       (a) Report Required.--(1) The Secretary of Defense shall 
     summit to the congressional defense committees, not later 
     than March 31, 2004, a report on the conduct of military 
     operations under Operation Iraqi Freedom.
       (2) The report shall be prepared in consultation with the 
     Chairman of the Joint Chiefs of Staff, the Commander of the 
     United States Central Command, and such other officials as 
     the Secretary considers appropriate.
       (b) Content.--(1) The report shall include a discussion of 
     the matters described in paragraph (2), with a particular 
     emphasis on accomplishments and shortcomings and on near-term 
     and long-term corrective actions to address the shortcomings.
       (2) The matters to be discussed in the report are as 
     follows:
       (A) The military objectives of the international coalition 
     conducting Operation Iraqi Freedom, the military strategy 
     selected to achieve the objectives, and an assessment of the 
     execution of the military strategy.
       (B) The deployment process, including the adaptability of 
     the process to unforeseen contingencies and changing 
     requirements.
       (C) The reserve component mobilization process, including 
     the timeliness of notification, training, and subsequent 
     demobilization.
       (D) The use and performance of major items of United States 
     military equipment, weapon systems, and munitions (including 
     items classified under special access procedures and items 
     drawn from prepositioned stocks) and any expected effects of 
     the experience with the use and performance of those items on 
     the doctrinal and tactical employment of such items and on 
     plans for continuing the acquisition of such items.
       (E) Any additional identified requirements for military 
     equipment, weapon systems, and munitions, including mix and 
     quantity for future contingencies.
       (F) The effectiveness of joint air operations, including 
     the doctrine for the employment of close air support in the 
     varied environments of Operation Iraqi Freedom, and the 
     effectiveness of attack helicopter operations.
       (G) The use of special operations forces, including 
     operational and intelligence uses.
       (H) The scope of logistics support, including support from 
     other nations.
       (I) The incidents of accidental fratricide, together with a 
     discussion of the effectiveness of the tracking of friendly 
     forces and of the combat identification systems in mitigating 
     friendly fire incidents.
       (J) The adequacy of spectrum and bandwidth to transmit all 
     necessary information to operational forces and assets, 
     including unmanned aerial vehicles, ground vehicles, and 
     individual soldiers.
       (K) The effectiveness of information operations, including 
     the effectiveness of Commando Solo and other psychological 
     operations assets, in achieving established objectives, 
     together with a description of technological and other 
     restrictions on the use of psychological operations 
     capabilities.
       (L) The effectiveness of the reserve component forces used 
     in Operation Iraqi Freedom.
       (M) The adequacy of intelligence support to the warfighter 
     before, during, and after combat operations, including the 
     adequacy of such support to facilitate searches for weapons 
     of mass destruction.
       (N) The rapid insertion and integration, if any, of 
     developmental but mission-essential equipment during all 
     phases of the operation.
       (O) The most critical lessons learned that could lead to 
     long-term doctrinal, organizational, and technological 
     changes, and the probable effects that an implementation of 
     those changes would have on current visions, goals, and plans 
     for transformation of the Armed Forces.
       (P) The results of a study, carried out by the Secretary of 
     Defense, regarding the availability of family support 
     services provided to the dependents of members of the 
     National Guard and other reserve components of the Armed 
     Forces who are called or ordered to active duty (hereinafter 
     in this subparagraph referred to as ``mobilized members''), 
     including, at a minimum, the following matters:
       (i) A discussion of the extent to which cooperative 
     agreements are in place or need to be entered into to ensure 
     that dependents of mobilized members receive adequate family 
     support services from within existing family readiness groups 
     at military installations without regard to the members' 
     armed force or component of an armed force.
       (ii) A discussion of what additional family support 
     services, and what additional family support agreements 
     between and among the Armed Forces (including the Coast 
     Guard), are necessary to ensure that adequate family support 
     services are provided to the families of mobilized members.
       (iii) A discussion of what additional resources are 
     necessary to ensure that adequate family support services are 
     available to the dependents of each mobilized member at the 
     military installation nearest the residence of the 
     dependents.
       (iv) The additional outreach programs that should be 
     established between families of mobilized members and the 
     sources of family support services at the military 
     installations in their respective regions.
       (v) A discussion of the procedures in place for providing 
     information on availability of family support services to 
     families of mobilized members at the time the members are 
     called or ordered to active duty.
       (c) Forms of Report.--The report shall be submitted in 
     unclassified form, but may also be submitted in classified 
     form if necessary.
       (d) Reporting Requirement Relating to Noncompetitive 
     Contracting for the Reconstruction of Infrastructure of 
     Iraq.--(1) If a contract for the maintenance, rehabilitation, 
     construction, or repair of infrastructure in Iraq is entered 
     into under the oversight and direction of the Secretary of 
     Defense or the Office of Reconstruction and Humanitarian 
     Assistance in the Office of the Secretary of Defense without 
     full and open competition, the Secretary shall publish in the 
     Federal Register or Commerce Business Daily and otherwise 
     make available to the public, not later than 30 days after 
     the date on which the contract is entered into, the following 
     information:
       (i) The amount of the contract.
       (ii) A brief description of the scope of the contract.
       (iii) A discussion of how the executive agency identified, 
     and solicited offers from, potential contractors to perform 
     the contract, together with a list of the potential 
     contractors that were issued solicitations for the offers.
       (iv) The justification and approval documents on which was 
     based the determination to use procedures other than 
     procedures that provide for full and open competition.
       (B) Subparagraph (A) does not apply to a contract entered 
     into more than one year after date of enactment.
       (2)(A) The head of an executive agency may--
       (i) withhold from publication and disclosure under 
     paragraph (1) any document that is classified for restricted 
     access in accordance with an Executive order in the interest 
     of national defense or foreign policy; and
       (ii) redact any part so classified that is in a document 
     not so classified before publication and disclosure of the 
     document under paragraph (1).
       (B) In any case in which the head of an executive agency 
     withholds information under subparagraph (A), the head of 
     such executive agency shall make available an unredacted 
     version of the document containing that information to the 
     chairman and ranking member of each of the following 
     committees of Congress:
       (i) The Committee on Governmental Affairs of the Senate and 
     the Committee on Government Reform of the House of 
     Representatives.

[[Page 13646]]

       (ii) The Committees on Appropriations of the Senate and the 
     House of Representatives.
       (iii) Each committee that the head of the executive agency 
     determines has legislative jurisdiction for the operations of 
     such department or agency to which the information relates.
       (3) This subsection shall apply to contracts entered into 
     on or after October 1, 2002, except that, in the case of a 
     contract entered into before the date of the enactment of 
     this Act, paragraph (1) shall be applied as if the contract 
     had been entered into on the date of the enactment of this 
     Act.
       (4) Nothing in this subsection shall be construed as 
     affecting obligations to disclose United States Government 
     information under any other provision of law.
       (5) In this subsection, the terms ``executive agency'' and 
     ``full and open competition'' have the meanings given such 
     terms in section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403).

     SEC. 1024. REPORT ON MOBILIZATION OF THE RESERVES.

       (a) Requirement for Report.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     mobilization of reserve component forces during fiscal years 
     2002 and 2003.
       (b) Content.--The report under subsection (a) shall 
     include, for the period covered by the report, the following 
     information:
       (1) The number of Reserves who were called or ordered to 
     active duty under a provision of law referred to in section 
     101(a)(13)(B) of title 10, United States Code.
       (2) The number of such Reserves who were called or ordered 
     to active duty for one year or more, including any extensions 
     on active duty.
       (3) The military specialties of the Reserves counted under 
     paragraph (2).
       (4) The number of Reserves who were called or ordered to 
     active duty more than once under a provision of law referred 
     to in section 101(a)(13)(B) of title 10, United States Code.
       (5) The military specialties of the Reserves counted under 
     paragraph (4).
       (6) The known effects on the reserve components, including 
     the effects on recruitment and retention of personnel for the 
     reserve components, that have resulted from--
       (A) the calls and orders of Reserves to active duty; and
       (B) the tempo of the service of the Reserves on the active 
     duty to which called or ordered.
       (7) The changes in the Armed Forces, including any changes 
     in the allocation of roles and missions between the active 
     components and the reserve components of the Armed Forces, 
     that are envisioned by the Secretary of Defense on the basis 
     of--
       (A) the effects discussed under paragraph (6); or
       (B) the experienced need for calling and ordering Reserves 
     to active duty during the period.
       (8) An assessment of how necessary it would be to call or 
     order Reserves to active duty in the event of a war or 
     contingency operation (as defined in section 101(a)(13) of 
     title 10, United States Code) if such changes were 
     implemented.
       (9) On the basis of the experience of calling and ordering 
     Reserves to active duty during the period, an assessment of 
     the process for calling and ordering Reserves to active duty, 
     preparing such Reserves for the active duty, processing the 
     Reserves into the force upon entry onto active duty, and 
     deploying the Reserves, including an assessment of the 
     adequacy of the alert and notification process from the 
     perspectives of the individual Reserves, reserve component 
     units, and employers of Reserves.

     SEC. 1025. STUDY OF BERYLLIUM INDUSTRIAL BASE.

       (a) Requirement for Study.--The Secretary of Defense shall 
     conduct a study of the adequacy of the industrial base of the 
     United States to meet defense requirements of the United 
     States for beryllium.
       (b) Report.--Not later than January 30, 2004, the Secretary 
     shall submit a report on the results of the study to 
     Congress. The report shall contain, at a minimum, the 
     following information:
       (1) A discussion of the issues identified with respect to 
     the long-term supply of beryllium.
       (2) An assessment of the need, if any, for modernization of 
     the primary sources of production of beryllium.
       (3) A discussion of the advisability of, and concepts for, 
     meeting the future defense requirements of the United States 
     for beryllium and maintaining a stable domestic industrial 
     base of sources of beryllium through--
       (A) cooperative arrangements commonly referred to as 
     public-private partnerships;
       (B) the administration of the National Defense Stockpile 
     under the Strategic and Critical Materials Stock Piling Act; 
     and
       (C) any other means that the Secretary identifies as 
     feasible.

                       Subtitle D--Other Matters

     SEC. 1031. BLUE FORCES TRACKING INITIATIVE.

       (a) Findings.--Congress makes the following findings:
       (1) For military commanders, a principal purpose of 
     technology is to enable the commanders to ascertain the 
     location of the units in their commands in near real time.
       (2) Each of the Armed Forces is developing and testing a 
     variety of technologies for tracking friendly forces (known 
     as ``blue forces'').
       (3) Situational awareness of blue forces has been much 
     improved since the 1991 Persian Gulf War, but blue forces 
     tracking remains a complex problem characterized by 
     information that is incomplete, not fully accurate, or 
     untimely.
       (4) Casualties in recent warfare have declined, but 
     casualties associated with friendly fire incidents have 
     remained relatively constant.
       (5) Despite significant investment, a coordinated, 
     interoperable plan for tracking blue forces throughout a 
     United States or coalition forces theater of operations has 
     not been developed.
       (b) Goal.--It shall be a goal of the Department of Defense 
     to fully coordinate the various efforts of the Joint Staff, 
     the commanders of the combatant commands, and the military 
     departments to develop an effective blue forces tracking 
     system.
       (c) Joint Blue Forces Tracking Experiment.--(1) The 
     Secretary of Defense, through the Commander of the United 
     States Joint Forces Command, shall carry out a joint 
     experiment in fiscal year 2004 to demonstrate and evaluate 
     available joint blue forces tracking technologies.
       (2) The objectives of the experiment are as follows:
       (A) To explore various options for tracking United States 
     and other friendly forces during combat operations.
       (B) To determine an optimal, achievable, and ungradable 
     solution for the development, acquisition, and fielding of a 
     system for tracking all United States military forces that is 
     coordinated and interoperable and also accommodates the 
     participation of military forces of allied nations with 
     United States forces in combat operations.
       (d) Report.--Not later than 60 days after the conclusion of 
     the experiment under subsection (c), but not later than 
     December 1, 2004, the Secretary shall submit to the 
     congressional defense committees a report on the results of 
     the experiment, together with a comprehensive plan for the 
     development, acquisition, and fielding of a functional, near 
     real time blue forces tracking system.

     SEC. 1032. LOAN, DONATION, OR EXCHANGE OF OBSOLETE OR SURPLUS 
                   PROPERTY.

       During fiscal years 2004 and 2005, the Secretary of the 
     military department concerned may exchange for an historical 
     artifact any obsolete or surplus property held by such 
     military department in accordance with section 2572 of title 
     10, United States Code, without regard to whether the 
     property is described in subsection (c) of such section.

     SEC. 1033. ACCEPTANCE OF GIFTS AND DONATIONS.

       (a) Authorized Sources of Gifts and Donations.--Subsection 
     (a) of section 2611 of title 10, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``foreign gifts and 
     donations'' and inserting ``gifts and donations from sources 
     described in paragraph (2)'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The sources from which gifts and donations may be 
     accepted under paragraph (1) are as follows:
       ``(A) A department or agency of the Federal Government.
       ``(B) The government of a State or of a political 
     subdivision of a State.
       ``(C) The government of a foreign country.
       ``(D) A foundation or other charitable organization, 
     including a foundation or charitable organization that is 
     organized or operates under the laws of a foreign country.
       ``(E) Any source in the private sector of the United States 
     or a foreign country.''.
       (b) Conforming Amendments.--(1) The headings for 
     subsections (a) and (f) of such section are amended by 
     striking ``Foreign''.
       (2) Subsection (c) is amended by striking ``foreign''.
       (3) Subsection (f) is amended--
       (A) by striking ``foreign''; and
       (B) by striking ``faculty services)'' and all that follows 
     and inserting ``faculty services).''.
       (4)(A) The heading of such section is amended to read as 
     follows:

     ``Sec. 2611. Asia-Pacific Center for Security Studies: 
       acceptance of gifts and donations''.

       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 155 is amended to read 
     as follows:

``2611. Asia-Pacific Center for Security Studies: acceptance of gifts 
              and donations.''.

       (c) Acceptance of Guarantees with Gifts in Development of 
     Marine Corps Heritage Center, Marine Corps Base, Quantico, 
     Virginia.--(1) The Secretary of the Navy may utilize the 
     authority in section 6975 of title 10, United States Code, 
     for purposes of the project to develop the Marine Corps 
     Heritage Center at Marine Corps Base, Quantico, Virginia, 
     authorized by section 2884 of the Military Construction 
     Authorization Act for Fiscal Year 2001 (division B of the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001; as enacted into law by Public Law 106-398; 114 
     Stat. 1654A-440).
       (2) The authority in paragraph (1) shall expire on December 
     31, 2006.
       (3) The expiration under paragraph (2) of the authority in 
     paragraph (1) shall not effect any qualified guarantee 
     accepted pursuant to such authority for purposes of the 
     project referred to in paragraph (1) before the date of the 
     expiration of such authority under paragraph (2).

[[Page 13647]]



     SEC. 1034. PROVISION OF LIVING QUARTERS FOR CERTAIN STUDENTS 
                   WORKING AT NATIONAL SECURITY AGENCY LABORATORY.

       Section 2195 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d)(1) The Director of the National Security Agency may 
     provide living quarters to a student in the Student 
     Educational Employment Program or similar program (as 
     prescribed by the Office of Personnel Management) while the 
     student is employed at the laboratory of the Agency.
       ``(2) Notwithstanding section 5911(c) of title 5, living 
     quarters may be provided under paragraph (1) without charge, 
     or at rates or charges specified in regulations prescribed by 
     the Director.''.

     SEC. 1035. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL 
                   SECURITY AGENCY.

       (a) Consolidation of Current Provisions on Protection of 
     Operational Files.--The National Security Act of 1947 (50 
     U.S.C. 401 et seq.) is amended by transferring sections 105C 
     and 105D to the end of title VII and redesignating such 
     sections, as so transferred, as sections 703 and 704, 
     respectively.
       (b) Protection of Operational Files of NSA.--Title VII of 
     such Act, as amended by subsection (a), is further amended by 
     adding at the end the following new section:


          ``operational files of the national security agency

       ``Sec. 705. (a) Exemption of Certain Operational Files From 
     Search, Review, Publication, or Disclosure.--(1) Operational 
     files of the National Security Agency (hereafter in this 
     section referred to as `NSA') may be exempted by the Director 
     of NSA, in coordination with the Director of Central 
     Intelligence, from the provisions of section 552 of title 5, 
     United States Code, which require publication, disclosure, 
     search, or review in connection therewith.
       ``(2)(A) In this section, the term `operational files' 
     means--
       ``(i) files of the Signals Intelligence Directorate, and 
     its successor organizations, which document the means by 
     which foreign intelligence or counterintelligence is 
     collected through technical systems; and
       ``(ii) files of the Research Associate Directorate, and its 
     successor organizations, which document the means by which 
     foreign intelligence or counterintelligence is collected 
     through scientific and technical systems.
       ``(B) Files which are the sole repository of disseminated 
     intelligence, and files that have been accessioned into NSA 
     Archives, or its successor organizations, are not operational 
     files.
       ``(3) Notwithstanding paragraph (1), exempted operational 
     files shall continue to be subject to search and review for 
     information concerning--
       ``(A) United States citizens or aliens lawfully admitted 
     for permanent residence who have requested information on 
     themselves pursuant to the provisions of section 552 or 552a 
     of title 5, United States Code;
       ``(B) any special activity the existence of which is not 
     exempt from disclosure under the provisions of section 552 of 
     title 5, United States Code; or
       ``(C) the specific subject matter of an investigation by 
     any of the following for any impropriety, or violation of 
     law, Executive order, or Presidential directive, in the 
     conduct of an intelligence activity:
       ``(i) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       ``(ii) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       ``(iii) The Intelligence Oversight Board.
       ``(iv) The Department of Justice.
       ``(v) The Office of General Counsel of NSA.
       ``(vi) The Office of the Inspector General of the 
     Department of Defense.
       ``(vii) The Office of the Director of NSA.
       ``(4)(A) Files that are not exempted under paragraph (1) 
     which contain information derived or disseminated from 
     exempted operational files shall be subject to search and 
     review.
       ``(B) The inclusion of information from exempted 
     operational files in files that are not exempted under 
     paragraph (1) shall not affect the exemption under paragraph 
     (1) of the originating operational files from search, review, 
     publication, or disclosure.
       ``(C) The declassification of some of the information 
     contained in exempted operational files shall not affect the 
     status of the operational file as being exempt from search, 
     review, publication, or disclosure.
       ``(D) Records from exempted operational files which have 
     been disseminated to and referenced in files that are not 
     exempted under paragraph (1), and which have been returned to 
     exempted operational files for sole retention shall be 
     subject to search and review.
       ``(5) The provisions of paragraph (1) may not be superseded 
     except by a provision of law which is enacted after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2004, and which specifically cites and 
     repeals or modifies such provisions.
       ``(6)(A) Except as provided in subparagraph (B), whenever 
     any person who has requested agency records under section 552 
     of title 5, United States Code, alleges that NSA has withheld 
     records improperly because of failure to comply with any 
     provision of this section, judicial review shall be available 
     under the terms set forth in section 552(a)(4)(B) of title 5, 
     United States Code.
       ``(B) Judicial review shall not be available in the manner 
     provided for under subparagraph (A) as follows:
       ``(i) In any case in which information specifically 
     authorized under criteria established by an Executive order 
     to be kept secret in the interests of national defense or 
     foreign relations is filed with, or produced for, the court 
     by NSA, such information shall be examined ex parte, in 
     camera by the court.
       ``(ii) The court shall determine, to the fullest extent 
     practicable, the issues of fact based on sworn written 
     submissions of the parties.
       ``(iii) When a complainant alleges that requested records 
     are improperly withheld because of improper placement solely 
     in exempted operational files, the complainant shall support 
     such allegation with a sworn written submission based upon 
     personal knowledge or otherwise admissible evidence.
       ``(iv)(I) When a complainant alleges that requested records 
     were improperly withheld because of improper exemption of 
     operational files, NSA shall meet its burden under section 
     552(a)(4)(B) of title 5, United States Code, by demonstrating 
     to the court by sworn written submission that exempted 
     operational files likely to contain responsible records 
     currently perform the functions set forth in paragraph (2).
       ``(II) The court may not order NSA to review the content of 
     any exempted operational file or files in order to make the 
     demonstration required under subclause (I), unless the 
     complainant disputes NSA's showing with a sworn written 
     submission based on personal knowledge or otherwise 
     admissible evidence.
       ``(v) In proceedings under clauses (iii) and (iv), the 
     parties may not obtain discovery pursuant to rules 26 through 
     36 of the Federal Rules of Civil Procedure, except that 
     requests for admissions may be made pursuant to rules 26 and 
     36.
       ``(vi) If the court finds under this paragraph that NSA has 
     improperly withheld requested records because of failure to 
     comply with any provision of this subsection, the court shall 
     order NSA to search and review the appropriate exempted 
     operational file or files for the requested records and make 
     such records, or portions thereof, available in accordance 
     with the provisions of section 552 of title 5, United States 
     Code, and such order shall be the exclusive remedy for 
     failure to comply with this subsection.
       ``(vii) If at any time following the filing of a complaint 
     pursuant to this paragraph NSA agrees to search the 
     appropriate exempted operational file or files for the 
     requested records, the court shall dismiss the claim based 
     upon such complaint.
       ``(viii) Any information filed with, or produced for the 
     court pursuant to clauses (i) and (iv) shall be coordinated 
     with the Director of Central Intelligence before submission 
     to the court.
       ``(b) Decennial Review of Exempted Operational Files.--(1) 
     Not less than once every 10 years, the Director of the 
     National Security Agency and the Director of Central 
     Intelligence shall review the exemptions in force under 
     subsection (a)(1) to determine whether such exemptions may be 
     removed from a category of exempted files or any portion 
     thereof. The Director of Central Intelligence must approve 
     any determination to remove such exemptions.
       ``(2) The review required by paragraph (1) shall include 
     consideration of the historical value or other public 
     interest in the subject matter of a particular category of 
     files or portions thereof and the potential for declassifying 
     a significant part of the information contained therein.
       ``(3) A complainant that alleges that NSA has improperly 
     withheld records because of failure to comply with this 
     subsection may seek judicial review in the district court of 
     the United States of the district in which any of the parties 
     reside, or in the District of Columbia. In such a proceeding, 
     the court's review shall be limited to determining the 
     following:
       ``(A) Whether NSA has conducted the review required by 
     paragraph (1) before the expiration of the 10-year period 
     beginning on the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2004 or before the 
     expiration of the 10-year period beginning on the date of the 
     most recent review.
       ``(B) Whether NSA, in fact, considered the criteria set 
     forth in paragraph (2) in conducting the required review.''.
       (c) Conforming Amendments.--(1) Section 701(b) of the 
     National Security Act of 1947 (50 U.S.C. 431(b)) is amended 
     by striking ``For purposes of this title'' and inserting ``In 
     this section and section 702,''.
       (2) Section 702(c) of such Act (50 U.S.C. 432(c)) is 
     amended by striking ``enactment of this title'' and inserting 
     ``October 15, 1984,''.
       (3)(A) The title heading for title VII of such Act is 
     amended to read as follows:

            ``TITLE VII--PROTECTION OF OPERATIONAL FILES''.

       (B) The section heading for section 701 of such Act is 
     amended to read as follows:


``protection of operational files of the central intelligence agency''.

       (C) The section heading for section 702 of such Act is 
     amended to read as follows:


``decennial review of exempted central intelligence agency operational 
                                files''.

       (d) Clerical Amendments.--The table of contents for the 
     National Security Act of 1947 is amended--
       (1) by striking the items relating to sections 105C and 
     105D; and
       (2) by striking the items relating to title VII and 
     inserting the following new items:

[[Page 13648]]

              ``Title VII--Protection of Operational Files

``Sec. 701. Protection of operational files of the Central Intelligence 
              Agency.
``Sec. 702. Decennial review of exempted Central Intelligence Agency 
              operational files.
``Sec. 703. Protection of operational files of the National Imagery and 
              Mapping Agency.
``Sec. 704. Protection of operational files of the National 
              Reconnaissance Office.
``Sec. 705. Protection of operational files of the National Security 
              Agency.''.

     SEC. 1036. TRANSFER OF ADMINISTRATION OF NATIONAL SECURITY 
                   EDUCATION PROGRAM TO DIRECTOR OF CENTRAL 
                   INTELLIGENCE.

       (a) In General.--Section 802 of the David L. Boren National 
     Security Education Act of 1991 (title VIII of Public Law 102-
     183; 50 U.S.C. 1902) is amended--
       (1) in subsection (a), by striking ``Secretary of Defense'' 
     and inserting ``Director of Central Intelligence''; and
       (2) by striking ``Secretary'' each place it appears (other 
     than in subsection (h)) and inserting ``Director''.
       (b) Awards To Attend Foreign Language Center.--Section 
     802(h) of such Act (50 U.S.C. 1902(h)) is amended by 
     inserting ``of Defense'' after ``Secretary'' each place it 
     appears.
       (c) National Security Education Board.--(1) Section 803 of 
     such Act (50 U.S.C. 1903) is amended--
       (A) in subsection (a), by striking ``Secretary of Defense'' 
     and inserting ``Director'';
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``Secretary of Defense'' 
     and inserting ``Director'';
       (ii) by redesignating paragraphs (2) through (7) as 
     paragraphs (3) through (8), respectively; and
       (iii) by inserting after paragraph (1), as so amended, the 
     following new paragraph (2):
       ``(2) The Secretary of Defense.'';
       (C) in subsection (c), by striking ``subsection (b)(6)'' 
     and inserting ``subsection (b)(8)''; and
       (D) in subsection (d), by striking ``Secretary'' each place 
     it appears and inserting ``Director''.
       (2) Section 806(d) of such Act (50 U.S.C. 1906(d)) is 
     amended by striking ``paragraphs (1) through (7)'' and 
     inserting ``paragraphs (2) through (8)''.
       (d) Administrative Provisions.--Section 805 of such Act (50 
     U.S.C. 1905) is amended by striking ``Secretary'' each place 
     it appears and inserting ``Director''.
       (e) Annual Report.--Section 806 of such Act (50 U.S.C. 
     1906) is amended by striking ``Secretary'' each place it 
     appears and inserting ``Director''.
       (f) Audits.--Section 807 of such Act (50 U.S.C. 1907) is 
     amended by striking ``Department of Defense'' and inserting 
     ``Central Intelligence Agency''.
       (g) Definition.--Section 808 of such Act (50 U.S.C. 1908) 
     is amended--
       (1) by redesignating paragraphs (1) through (4) as 
     paragraphs (2) through (5), respectively; and
       (2) by inserting before paragraph (2) the following new 
     paragraph (1):
       ``(1) The term `Director' means the Director of Central 
     Intelligence.''.
       (h) Matters Relating to National Flagship Language 
     Initiative.--(1) Effective as if included therein as enacted 
     by section 333(a) of the Intelligence Authorization Act for 
     Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2396), 
     section 802(i)(1) of the David L. Boren National Security 
     Education Act of 1991 is amended by striking ``Secretary'' 
     and inserting ``Director''.
       (2) Effective as if included therein as enacted by section 
     333(b) of the Intelligence Authorization Act for Fiscal Year 
     2003 (116 Stat. 2397), section 811(a) of the David L. Boren 
     National Security Education Act of 1991 is amended by 
     striking ``Secretary'' each place it appears and inserting 
     ``Director''.
       (i) Effect of Transfer of Administration on Service 
     Agreements.--(1) The transfer to the Director of Central 
     Intelligence of the administration of the National Security 
     Education Program as a result of the amendments made by this 
     section shall not affect the force, validity, or terms of any 
     service agreement entered into under section 802(b) of the 
     David L. Boren National Security Education Act of 1991 (title 
     VIII of Public Law 102-183; 50 U.S.C. 1902(b)) before the 
     date of the enactment of this Act that is in force as of that 
     date, except that the Director shall administer such service 
     agreement in lieu of the Secretary of Defense.
       (2) Notwithstanding any other provision of law, the 
     Director of Central Intelligence may, for purposes of the 
     implementation of any service agreement referred to in 
     paragraph (1), adopt regulations for the implementation of 
     such service agreement that were prescribed by the Secretary 
     of Defense under the David L. Boren National Security 
     Education Act of 1991 before the date of the enactment of 
     this Act.
       (j) Repeal of Satisfied Requirements.--Section 802(g) of 
     the David L. Boren National Security Education Act of 1991 
     (title VIII of Public Law 102-183; 50 U.S.C. 1902(g)) is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``(1)''; and
       (B) by striking the second sentence; and
       (2) by striking paragraph (2).
       (k) Technical Amendment.--Paragraph (5)(A) of section 808 
     of such Act, as redesignated by subsection (g)(1) of this 
     section, is further amended by striking ``a agency'' and 
     inserting ``an agency''.

     SEC. 1037. REPORT ON USE OF UNMANNED AERIAL VEHICLES FOR 
                   SUPPORT OF HOMELAND SECURITY MISSIONS.

       (a) Requirement for Report.--Not later than April 1, 2004, 
     the President shall submit to Congress a report on the 
     potential uses of unmanned aerial vehicles for support of the 
     performance of homeland security missions.
       (b) Content.--The report shall, at a minimum, include the 
     following matters:
       (1) An assessment of the potential for using unmanned 
     aerial vehicles for monitoring activities in remote areas 
     along the northern and southern borders of the United States.
       (2) An assessment of the potential for using long-
     endurance, land-based unmanned aerial vehicles for supporting 
     the Coast Guard in the performance of its homeland security 
     missions, drug interdiction missions, and other maritime 
     missions along the approximately 95,000 miles of inland 
     waterways in the United States.
       (3) An assessment of the potential for using unmanned 
     aerial vehicles for monitoring the safety and integrity of 
     critical infrastructure within the territory of the United 
     States, including the following:
       (A) Oil and gas pipelines.
       (B) Dams.
       (C) Hydroelectric power plants.
       (D) Nuclear power plants.
       (E) Drinking water utilities.
       (F) Long-distance power transmission lines.
       (4) An assessment of the potential for using unmanned 
     aerial vehicles for monitoring the transportation of 
     hazardous cargo.
       (5) A discussion of the safety issues involved in--
       (A) the use of unmanned aerial vehicles by agencies other 
     than the Department of Defense; and
       (B) the operation of unmanned aerial vehicles over 
     populated areas of the United States.
       (6) A discussion of--
       (A) the effects on privacy and civil liberties that could 
     result from the monitoring uses of unmanned aerial vehicles 
     operated over the territory of the United States; and
       (B) any restrictions on the domestic use of unmanned aerial 
     vehicles that should be imposed, or any other actions that 
     should be taken, to prevent any adverse effect of such a use 
     of unmanned aerial vehicles on privacy or civil liberties.
       (7) A discussion of what, if any, legislation and 
     organizational changes may be necessary to accommodate the 
     use of unmanned aerial vehicles of the Department of Defense 
     in support of the performance of homeland security missions, 
     including any amendment of section 1385 of title 18, United 
     States Code (popularly referred to as the ``Posse Comitatus 
     Act'').
       (8) An evaluation of the capabilities of manufacturers of 
     unmanned aerial vehicles to produce such vehicles at higher 
     rates if necessary to meet any increased requirements for 
     homeland security and homeland defense missions.
       (c) Referral to Committees.--The report under subsection 
     (a) shall be referred--
       (1) upon receipt in the Senate, to the Committee on Armed 
     Services of the Senate; and
       (2) upon receipt in the House of Representatives, to the 
     Committee on Armed Services of the House of Representatives.

     SEC. 1038. CONVEYANCE OF SURPLUS T-37 AIRCRAFT TO AIR FORCE 
                   AVIATION HERITAGE FOUNDATION, INCORPORATED.

       (a) Authority.--The Secretary of the Air Force may convey, 
     without consideration, to the Air Force Aviation Heritage 
     Foundation, Incorporated, of Georgia (in this section 
     referred to as the ``Foundation''), all right, title, and 
     interest of the United States in and to one surplus T-37 
     ``Tweet'' aircraft. The conveyance shall be made by means of 
     a conditional deed of gift.
       (b) Condition of Aircraft.--The Secretary may not convey 
     ownership of the aircraft under subsection (a) until the 
     Secretary determines that the Foundation has altered the 
     aircraft in such manner as the Secretary determines necessary 
     to ensure that the aircraft does not have any capability for 
     use as a platform for launching or releasing munitions or any 
     other combat capability that it was designed to have. The 
     Secretary is not required to repair or alter the condition of 
     the aircraft before conveying ownership of the aircraft.
       (c) Conditions for Conveyance.--(1) The conveyance of a T-
     37 aircraft under this section shall be subject to the 
     following conditions:
       (A) That the Foundation not convey any ownership interest 
     in, or transfer possession of, the aircraft to any other 
     party without the prior approval of the Secretary of the Air 
     Force.
       (B) That the operation and maintenance of the aircraft 
     comply with all applicable limitations and maintenance 
     requirements imposed by the Administrator of the Federal 
     Aviation Administration.
       (C) That if the Secretary of the Air Force determines at 
     any time that the Foundation has conveyed an ownership 
     interest in, or transferred possession of, the aircraft to 
     any other party without the prior approval of the Secretary, 
     or has failed to comply with the condition set forth in 
     subparagraph (B), all right, title, and interest in and to 
     the aircraft, including any repair or alteration of the 
     aircraft, shall revert to the United States, and the United 
     States shall have the right of immediate possession of the 
     aircraft.
       (2) The Secretary shall include the conditions under 
     paragraph (1) in the instrument of conveyance of the T-37 
     aircraft.
       (d) Conveyance at No Cost to the United States.--Any 
     conveyance of a T-37 aircraft under this section shall be 
     made at no cost to

[[Page 13649]]

     the United States. Any costs associated with such conveyance, 
     costs of determining compliance by the Foundation with the 
     conditions in subsection (b), and costs of operation and 
     maintenance of the aircraft conveyed shall be borne by the 
     Foundation.
       (e) Additional Terms and Conditions.--The Secretary of the 
     Air Force may require such additional terms and conditions in 
     connection with the conveyance under this section as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
       (f) Clarification of Liability.--Notwithstanding any other 
     provision of law, upon the conveyance of ownership of a T-37 
     aircraft to the Foundation under subsection (a), the United 
     States shall not be liable for any death, injury, loss, or 
     damage that results from any use of that aircraft by any 
     person other than the United States.

     SEC. 1039. SENSE OF SENATE ON REWARD FOR INFORMATION LEADING 
                   TO RESOLUTION OF STATUS OF MEMBERS OF THE ARMED 
                   FORCES WHO REMAIN MISSING IN ACTION.

       (a) Findings.--The Senate makes the following findings:
       (1) The Department of Defense estimates that there are more 
     than 10,000 members of the Armed Forces and others who as a 
     result of activities during the Korean War or the Vietnam War 
     were placed in a missing status or a prisoner of war status, 
     or who were determined to have been killed in action although 
     the body was not recovered, and who remain unaccounted for.
       (2) One member of the Armed Forces, Navy Captain Michael 
     Scott Speicher, remains missing in action from the first 
     Persian Gulf War, and there have been credible reports of him 
     being seen alive in Iraq in the years since his plane was 
     shot down on January 16, 1991.
       (3) The United States should always pursue every lead and 
     leave no stone unturned to completely account for the fate of 
     its missing members of the Armed Forces.
       (4) The Secretary of Defense has the authority to disburse 
     funds as a reward to individuals who provide information 
     leading to the conclusive resolution of cases of missing 
     members of the Armed Forces.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) that the Secretary of Defense should use the authority 
     available to the Secretary to disburse funds rewarding 
     individuals who provide information leading to the conclusive 
     resolution of the status of any missing member of the Armed 
     Forces; and
       (2) to encourage the Secretary to authorize and publicize a 
     reward of $1,000,000 for information resolving the fate of 
     those members of the Armed Forces, such as Michael Scott 
     Speicher, who the Secretary has reason to believe may yet be 
     alive in captivity.

     SEC. 1040. ADVANCED SHIPBUILDING ENTERPRISE.

       (a) Findings.--Congress makes the following findings:
       (1) The President's budget for fiscal year 2004, as 
     submitted to Congress, includes $10,300,000 for the Advanced 
     Shipbuilding Enterprise of the National Shipbuilding Research 
     Program.
       (2) The Advanced Shipbuilding Enterprise is an innovative 
     program to encourage greater efficiency among shipyards in 
     the defense industrial base.
       (3) The leaders of the Nation's shipbuilding industry have 
     embraced the Advanced Shipbuilding Enterprise as a method of 
     exploring and collaborating on innovation in shipbuilding and 
     ship repair that collectively benefits all manufacturers in 
     the industry.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Senate strongly supports the innovative Advanced 
     Shipbuilding Enterprise of the National Shipbuilding Research 
     Program that has yielded new processes and techniques to 
     reduce the cost of building and repairing ships in the United 
     States;
       (2) the Senate is concerned that the future-years defense 
     program submitted to Congress for fiscal year 2004 does not 
     reflect any funding for the Advanced Shipbuilding Enterprise 
     after fiscal year 2004; and
       (3) the Secretary of Defense and the Secretary of the Navy 
     should continue funding the Advanced Shipbuilding Enterprise 
     at a sustaining level through the future-years defense 
     program to support subsequent rounds of research that reduce 
     the cost of designing, building, and repairing ships.

     SEC. 1041. AIR FARES FOR MEMBERS OF ARMED FORCES.

       It is the sense of the Senate that each United States air 
     carrier should--
       (1) make every effort to allow active duty members of the 
     armed forces to purchase tickets, on a space-available basis, 
     for the lowest fares offered for the flights desired, without 
     regard to advance purchase requirements and other 
     restrictions; and
       (2) offer flexible terms that allow members of the armed 
     forces on active duty to purchase, modify, or cancel tickets 
     without time restrictions, fees, or penalties.

     SEC. 1042. SENSE OF SENATE ON DEPLOYMENT OF AIRBORNE CHEMICAL 
                   AGENT MONITORING SYSTEMS AT CHEMICAL STOCKPILE 
                   DISPOSAL SITES IN THE UNITED STATES.

       (a) Findings.--The Senate makes the following findings:
       (1) Millions of assembled chemical weapons are stockpiled 
     at chemical agent disposal facilities and depot sites across 
     the United States.
       (2) Some of these weapons are filled with nerve agents, 
     such as GB and VX and blister agents such as HD (mustard 
     agent).
       (3) Hundreds of thousands of United States citizens live in 
     the vicinity of these chemical weapons stockpile sites and 
     depots.
       (4) The airborne chemical agent monitoring systems at these 
     sites are inefficient or outdated compared to newer and 
     advanced technologies on the market.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Secretary of the Army should develop and deploy a program 
     to upgrade the airborne chemical agent monitoring systems at 
     all chemical stockpile disposal sites across the United 
     States in order to achieve the broadest possible protection 
     of the general public, personnel involved in the chemical 
     demilitarization program, and the environment.

     SEC. 1043. FEDERAL ASSISTANCE FOR STATE PROGRAMS UNDER THE 
                   NATIONAL GUARD CHALLENGE PROGRAM.

       (a) Maximum Federal Share.--Section 509(d) of title 32, 
     United States Code, is amended--
       (1) by striking paragraphs (1), (2), and (3);
       (2) by redesignating paragraph (4) as paragraph (1);
       (3) in paragraph (1), as so redesignated, by striking the 
     period at the end and inserting ``; and''; and
       (4) by adding at the end the following new paragraph (2);
       ``(2) for fiscal year 2004 (notwithstanding paragraph (1)), 
     65 percent of the costs of operating the State program during 
     that year.''.
       (b) Study.--(1) The Secretary of Defense shall carry out a 
     study to evaluate (A) the adequacy of the requirement under 
     section 509(d) of title 32, United States Code, for the 
     United States to fund 60 percent of the costs of operating a 
     State program of the National Guard Challenge Program and the 
     State to fund 40 percent of such costs, and (B) the value of 
     the Challenge program to the Department of Defense.
       (2) In carrying out the study under paragraph (1), the 
     Secretary should identify potential alternatives to the 
     matching funds structure provided for the National Guard 
     Challenge Program under section 509(d) of title 32, United 
     States Code, such as a range of Federal-State matching 
     ratios, that would provide flexibility in the management of 
     the program to better respond to temporary fiscal conditions.
       (3) The Secretary shall include the results of the study, 
     including findings, conclusions, and recommendations, in the 
     next annual report to Congress under section 509(k) of title 
     32, United States Code, that is submitted to Congress after 
     the date of the enactment of this Act.
       (c) Amount for Federal Assistance.--(1) The amount 
     authorized to be appropriated under section 301(10) is hereby 
     increased by $3,000,000.
       (2) Of the total amount authorized to be appropriated under 
     section 301(10), $68,216,000 shall be available for the 
     National Guard Challenge Program under section 509 of title 
     32, United States Code.
       (3) The total amount authorized to be appropriated under 
     section 301(4) is hereby reduced by $3,000,000.

     SEC. 1044. SENSE OF SENATE ON RECONSIDERATION OF DECISION TO 
                   TERMINATE BORDER SEAPORT INSPECTION DUTIES OF 
                   NATIONAL GUARD UNDER NATIONAL GUARD DRUG 
                   INTERDICTION AND COUNTER-DRUG MISSION.

       (a) Findings.--The Senate makes the following findings:
       (1) The counter-drug inspection mission of the National 
     Guard is highly important to preventing the infiltration of 
     illegal narcotics across United States borders.
       (2) The expertise of members of the National Guard in 
     vehicle inspections at United States borders have made 
     invaluable contributions to the identification and seizure of 
     illegal narcotics being smuggled across United States 
     borders.
       (3) The support provided by the National Guard to the 
     Customs Service and the Border Patrol has greatly enhanced 
     the capability of the Customs Service and the Border Patrol 
     to perform counter-terrorism surveillance and other border 
     protection duties.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Secretary of Defense should reconsider the decision of 
     the Department of Defense to terminate the border inspection 
     and seaport inspection duties of the National Guard as part 
     of the drug interdiction and counter-drug mission of the 
     National Guard.

       TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

     SEC. 1101. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT 
                   THE WESTERN HEMISPHERE INSTITUTE FOR SECURITY 
                   COOPERATION.

       Section 1595(c) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(6) The Western Hemisphere Institute for Security 
     Cooperation.''.

     SEC. 1102. PAY AUTHORITY FOR CRITICAL POSITIONS.

       (a) Authority.--Chapter 81 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 1599e. Pay authority for critical positions

       ``(a) Authority Generally.--(1) When the Secretary of 
     Defense seeks a grant of authority under section 5377 of 
     title 5 for critical pay for one or more positions within the 
     Department of Defense, the Director of the Office of 
     Management and Budget may fix the rate of basic pay, 
     notwithstanding sections 5377(d)(2) and 5307 of such title, 
     at any rate up to the salary set in accordance with section 
     104 of title 3.
       ``(2) Notwithstanding section 5307 of title 5, no 
     allowance, differential, bonus, award, or similar

[[Page 13650]]

     cash payment may be paid to any employee receiving critical 
     pay at a rate fixed under paragraph (1), in any calendar year 
     if, or to the extent that, the employee's total annual 
     compensation will exceed the maximum amount of total annual 
     compensation payable at the salary set in accordance with 
     section 104 of title 3.
       ``(b) Temporary Streamlined Critical Pay Authority.--(1) 
     The Secretary of Defense may establish, fix the compensation 
     of, and appoint persons to positions designated as critical 
     administrative, technical, or professional positions needed 
     to carry out the functions of the Department of Defense, 
     subject to paragraph (2).
       ``(2) The authority under paragraph (1) may be exercised 
     with respect to a position only if--
       ``(A) the position--
       ``(i) requires expertise of an extremely high level in an 
     administrative, technical, or professional field; and
       ``(ii) is critical to the successful accomplishment of an 
     important mission by the Department of Defense;
       ``(B) the exercise of the authority is necessary to recruit 
     or retain a person exceptionally well qualified for the 
     position;
       ``(C) the number of all positions covered by the exercise 
     of the authority does not exceed 40 at any one time;
       ``(D) in the case of a position designated as a critical 
     administrative, technical, or professional position by an 
     official other than the Secretary of Defense, the designation 
     is approved by the Secretary;
       ``(E) the term of appointment to the position is limited to 
     not more than four years;
       ``(F) the appointee to the position was not a Department of 
     Defense employee before the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2004;
       ``(G) the total annual compensation for the appointee to 
     the position does not exceed the highest total annual 
     compensation payable at the rate determined under section 104 
     of title 3; and
       ``(H) the position is excluded from collective bargaining 
     units.
       ``(3) The authority under this subsection may be exercised 
     without regard to--
       ``(A) subsection (a);
       ``(B) the provisions of title 5 governing appointments in 
     the competitive service or the Senior Executive Service; and
       ``(C) chapters 51 and 53 of title 5, relating to 
     classification and pay rates.
       ``(4) The authority under this subsection may not be 
     exercised after the date that is 10 years after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2004.
       ``(5) For so long as a person continues to serve without a 
     break in service in a position to which appointed under this 
     subsection, the expiration of authority under this subsection 
     does not terminate the position, terminate the person's 
     appointment in the position before the end of the term for 
     which appointed under this subsection, or affect the 
     compensation fixed for the person's service in the position 
     under this subsection during such term of appointment.
       ``(6) Subchapter II of chapter 75 of title 5 does not apply 
     to an employee during a term of service in a critical 
     administrative, technical, or professional position to which 
     the employee is appointed under this subsection.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1599e. Pay authority for critical positions.''.

     SEC. 1103. EXTENSION, EXPANSION, AND REVISION OF AUTHORITY 
                   FOR EXPERIMENTAL PERSONNEL PROGRAM FOR 
                   SCIENTIFIC AND TECHNICAL PERSONNEL.

       (a) Extension of Program.--Subsection (e)(1) of section 
     1101 of the Strom Thurmond National Defense Authorization Act 
     for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2139; 5 
     U.S.C. 3104 note) is amended by striking ``October 16, 2005'' 
     and inserting ``September 30, 2008''.
       (b) Increased Limitation on Number of Appointments.--
     Subsection (b)(1)(A) of such section is amended by striking 
     ``40'' and inserting ``50''.
       (c) Commensurate Extension of Requirement for Annual 
     Report.--Subsection (g) of such section is amended by 
     striking ``2006'' and inserting ``2009''.

     SEC. 1104. TRANSFER OF PERSONNEL INVESTIGATIVE FUNCTIONS AND 
                   RELATED PERSONNEL OF THE DEPARTMENT OF DEFENSE.

       (a) Transfer of Functions.--(1) With the consent of the 
     Director of the Office of Personnel Management, the Secretary 
     of Defense may transfer to the Office of Personnel Management 
     the personnel security investigations functions that, as of 
     the date of the enactment of this Act, are performed by the 
     Defense Security Service of the Department of Defense.
       (2) The Director of the Office of Personnel Management may 
     accept a transfer of functions under paragraph (1).
       (3) Any transfer of a function under this subsection is a 
     transfer of function within the meaning of section 3503 of 
     title 5, United States Code.
       (b) Transfer of Personnel.--(1) If the Director of the 
     Office of Personnel Management accepts a transfer of 
     functions under subsection (a), the Secretary of Defense 
     shall also transfer to the Office of Personnel Management, 
     and the Director shall accept--
       (A) the Defense Security Service employees who perform 
     those functions immediately before the transfer of functions; 
     and
       (B) the Defense Security Service employees who, as of such 
     time, are first level supervisors of employees transferred 
     under subparagraph (A).
       (2) The Secretary may also transfer to the Office of 
     Personnel Management any Defense Security Service employees 
     (including higher level supervisors) who provide support 
     services for the performance of the functions transferred 
     under subsection (a) or for the personnel (including 
     supervisors) transferred under paragraph (1) if the 
     Director--
       (A) determines that the transfer of such additional 
     employees and the positions of such employees to the Office 
     of Personnel Management is necessary in the interest of 
     effective performance of the transferred functions; and
       (B) accepts the transfer of the additional employees.
       (3) In the case of an employee transferred to the Office of 
     Personnel Management under paragraph (1) or (2), whether a 
     full-time or part-time employee--
       (A) subsections (b) and (c) of section 5362 of title 5, 
     United States Code, relating to grade retention, shall apply 
     to the employee, except that--
       (i) the grade retention period shall be the one-year period 
     beginning on the date of the transfer; and
       (ii) paragraphs (1), (2), and (3) of such subsection (c) 
     shall not apply to the employee; and
       (B) the employee may not be separated, other than pursuant 
     to chapter 75 of title 5, United States Code, during such 
     one-year period.
       (c) Actions After Transfer.--(1) Not later than one year 
     after a transfer of functions to the Office of Personnel 
     Management under subsection (a), the Secretary of Defense 
     shall review all functions performed by personnel of the 
     Defense Security Service at the time of the transfer and make 
     a written determination regarding whether each such function 
     is inherently governmental or is otherwise inappropriate for 
     performance by contractor personnel.
       (2) A function performed by Defense Security Service 
     employees as of the date of the enactment of this Act may not 
     be converted to contractor performance by the Director of the 
     Office of Personnel Management until--
       (A) the Secretary of Defense reviews the function in 
     accordance with the requirements of paragraph (1) and makes a 
     written determination that the function is not inherently 
     governmental and is not otherwise inappropriate for 
     contractor performance; and
       (B) the Director conducts a public-private competition 
     regarding the performance of that function in accordance with 
     the requirements of the Office of Management and Budget 
     Circular A-76.

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

     SEC. 1201. AUTHORITY TO USE FUNDS FOR PAYMENT OF COSTS OF 
                   ATTENDANCE OF FOREIGN VISITORS UNDER REGIONAL 
                   DEFENSE COUNTERTERRORISM FELLOWSHIP PROGRAM.

       (a) Authority To Use Funds.--(1) Subchapter I of chapter 
     134 of title 10, United States Code, is amended by adding at 
     the end the following new section:

     ``Sec. 2249c. Authority to use appropriated funds for costs 
       of attendance of foreign visitors under Regional Defense 
       Counterterrorism Fellowship Program

       ``(a) Authority To Use Funds.--Under regulations prescribed 
     by the Secretary of Defense, funds appropriated to the 
     Department of Defense may be used to pay any costs associated 
     with the attendance of foreign military officers, ministry of 
     defense officials, or security officials at United States 
     military educational institutions, regional centers, 
     conferences, seminars, or other training programs conducted 
     under the Regional Defense Counterterrorism Fellowship 
     Program, including costs of transportation and travel and 
     subsistence costs.
       ``(b) Limitation.--The total amount of funds used under the 
     authority in subsection (a) in any fiscal year may not exceed 
     $20,000,000.
       ``(c) Annual Report.--Not later than December 1 of each 
     year, the Secretary of Defense shall submit to Congress a 
     report on the administration of this section during the 
     fiscal year ended in such year. The report shall include the 
     following matters:
       ``(1) A complete accounting of the expenditure of 
     appropriated funds for purposes authorized under subsection 
     (a), including--
       ``(A) the countries of the foreign officers and officials 
     for whom costs were paid; and
       ``(B) for each such country, the total amount of the costs 
     paid.
       ``(2) The training courses attended by the foreign officers 
     and officials, including a specification of which, if any, 
     courses were conducted in foreign countries.
       ``(3) An assessment of the effectiveness of the Regional 
     Defense Counterterrorism Fellowship Program in increasing the 
     cooperation of the governments of foreign countries with the 
     United States in the global war on terrorism.
       ``(4) A discussion of any actions being taken to improve 
     the program.''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by adding at the end the following new 
     item:

``2249c. Authority to use appropriated funds for costs of attendance of 
              foreign visitors under Regional Defense Counterterrorism 
              Fellowship Program.''.

       (b) Notification of Congress.--Not later than December 1, 
     2003, the Secretary of Defense shall--
       (1) promulgate the final regulations for carrying out 
     section 2249c of title 10, United States Code, as added by 
     subsection (a); and

[[Page 13651]]

       (2) notify the congressional defense committees of the 
     promulgation of such regulations.

     SEC. 1202. AVAILABILITY OF FUNDS TO RECOGNIZE SUPERIOR 
                   NONCOMBAT ACHIEVEMENTS OR PERFORMANCE OF 
                   MEMBERS OF FRIENDLY FOREIGN FORCES AND OTHER 
                   FOREIGN NATIONALS.

       (a) In General.--Chapter 53 of title 10, United States 
     Code, is amended by inserting the following new section:

     ``Sec. 1051a. Bilateral or regional cooperation programs: 
       availability of funds to recognize superior noncombat 
       achievements or performance

       ``(a) In General.--The Secretary of Defense may expend 
     amounts available to the Department of Defense or the 
     military departments for operation and maintenance for the 
     purpose of recognizing superior noncombat achievements or 
     performance of members of friendly foreign forces, or other 
     foreign nationals, that significantly enhance or support the 
     national security strategy of the United States.
       ``(b) Covered Achievements or Performance.--The 
     achievements or performance that may be recognized under 
     subsection (a) include achievements or performance that--
       ``(1) play a crucial role in shaping the international 
     security environment in a manner that protects and promotes 
     the interests of the United States;
       ``(2) support or enhance the United States presence 
     overseas or support or enhance United States peacetime 
     engagement activities such as defense cooperation 
     initiatives, security assistance training and programs, or 
     training and exercises with the armed forces of the United 
     States;
       ``(3) help deter aggression and coercion, build coalitions, 
     or promote regional stability; or
       ``(4) serve as models for appropriate conduct for military 
     forces in emerging democracies.
       ``(c) Limitation on Value of Mementos.--The value of any 
     memento procured or produced under subsection (a) may not 
     exceed the minimal value in effect under section 7342(a)(5) 
     of title 5.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1051 the following new item:

``1051a. Bilateral or regional cooperation programs: availability of 
              funds to recognize superior noncombat achievements or 
              performance.''.

     SEC. 1203. CHECK CASHING AND EXCHANGE TRANSACTIONS FOR 
                   FOREIGN PERSONNEL IN ALLIANCE OR COALITION 
                   FORCES.

       Section 3342(b) of title 31, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(8) a member of the armed forces of a foreign nation who 
     is participating in a combined operation, combined exercise, 
     or combined humanitarian or peacekeeping mission that is 
     carried out with armed forces of the United States pursuant 
     to an alliance or coalition of the foreign nation with the 
     United States if--
       ``(A) the senior commander of the armed forces of the 
     United States participating in the operation, exercise, or 
     mission has authorized the action under paragraph (1) or (2) 
     of subsection (a);
       ``(B) the government of the foreign nation has guaranteed 
     payment for any deficiency resulting from such action; and
       ``(C) in the case of an action on a negotiable instrument, 
     the negotiable instrument is drawn on a financial institution 
     located in the United States or on a foreign branch of such 
     an institution.''.

     SEC. 1204. CLARIFICATION AND EXTENSION OF AUTHORITY TO 
                   PROVIDE ASSISTANCE FOR INTERNATIONAL 
                   NONPROLIFERATION ACTIVITIES.

       (a) Limitation on Amount of Assistance in Fiscal Year 
     2004.--The total amount of the assistance for fiscal year 
     2004 that is provided by the Secretary of Defense under 
     section 1505 of the Weapons of Mass Destruction Control Act 
     of 1992 (22 U.S.C. 5859a), including funds used for 
     activities of the Department of Defense in support of the 
     United Nations Monitoring, Verification and Inspection 
     Commission, shall not exceed $15,000,000.
       (b) Extension of Authority To Provide Assistance.--
     Subsection (f) of section 1505 of the Weapons of Mass 
     Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended 
     by striking ``fiscal year 2003'' and inserting ``fiscal year 
     2004''.
       (c) References to United Nations Special Commission on 
     Iraq.--Section 1505 of the Weapons of Mass Destruction 
     Control Act of 1992 (22 U.S.C. 5859a) is further amended--
       (1) in subsection (b)(2), by striking ``United Nations 
     Special Commission on Iraq (or any successor organization)'' 
     and inserting ``United Nations Monitoring, Verification and 
     Inspection Commission''; and
       (2) in subsection (d)(4)(A), by striking ``United Nations 
     Special Commission on Iraq (or any successor organization)'' 
     and inserting ``United Nations Monitoring, Verification and 
     Inspection Commission''.

     SEC. 1205. REIMBURSABLE COSTS RELATING TO NATIONAL SECURITY 
                   CONTROLS ON SATELLITE EXPORT LICENSING.

       (a) Direct Costs of Monitoring Foreign Launches of 
     Satellites.--Section 1514(a)(1)(A) of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 
     (Public Law 105-261; 22 U.S.C. 2778 note) is amended by 
     striking ``The costs of such monitoring services'' in the 
     second sentence and inserting the following: ``The Department 
     of Defense costs that are directly related to monitoring the 
     launch, including transportation and per diem costs,''.
       (b) GAO Study.--(1) The Comptroller General shall conduct a 
     study of the Department of Defense costs of monitoring 
     launches of satellites in a foreign country under section 
     1514 of Public Law 105-261.
       (2) Not later than April 1, 2004, the Comptroller General 
     shall submit a report on the study to the Committees on Armed 
     Services of the Senate and the House of Representatives. The 
     report shall include the following:
       (A) An assessment of the Department of Defense costs of 
     monitoring the satellite launches described in paragraph (1).
       (B) A review of the costs reimbursed to the Department of 
     Defense by each person or entity receiving the satellite 
     launch monitoring services, including the extent to which 
     indirect costs have been included.

     SEC. 1206. ANNUAL REPORT ON THE NATO PRAGUE CAPABILITIES 
                   COMMITMENT AND THE NATO RESPONSE FORCE.

       (a) Findings.--Congress makes the following findings:
       (1) At the meeting of the North Atlantic Council held in 
     Prague in November 2002, the heads of states and governments 
     of the North Atlantic Treaty Organization (NATO) launched a 
     Prague Capabilities Commitment and decided to create a NATO 
     Response Force.
       (2) The Prague Capabilities Commitment is part of the 
     continuing NATO effort to improve and develop new military 
     capabilities for modern warfare in a high-threat environment. 
     As part of this commitment, individual NATO allies have made 
     firm and specific political commitments to improve their 
     capabilities in the areas of--
       (A) chemical, biological, radiological, and nuclear 
     defense;
       (B) intelligence, surveillance, and target acquisition;
       (C) air-to-ground surveillance;
       (D) command, control, and communications;
       (E) combat effectiveness, including precision guided 
     munitions and suppression of enemy air defenses;
       (F) strategic air and sea lift;
       (G) air-to-air refueling; and
       (H) deployable combat support and combat service support 
     units.
       (3) The NATO Response Force is envisioned to be a 
     technologically advanced, flexible, deployable, 
     interoperable, and sustainable force that includes land, sea, 
     and air elements ready to move quickly to wherever needed, as 
     determined by the North Atlantic Council. The NATO Response 
     Force is also intended to be a catalyst for focusing and 
     promoting improvements in NATO's military capabilities. It is 
     expected to have initial operational capability by October 
     2004, and full operational capability by October 2006.
       (b) Annual Report.--(1) Not later than January 31 of each 
     year, the Secretary of Defense shall submit to the Committees 
     on Armed Services and Foreign Relations of the Senate and the 
     Committees on Armed Services and International Relations of 
     the House of Representatives a report, to be prepared in 
     consultation with the Secretary of State, on implementation 
     of the Prague Capabilities Commitment and development of the 
     NATO Response Force by the member nations of NATO. The report 
     shall include the following matters:
       (A) A description of the actions taken by NATO as a whole 
     and by each member nation of NATO other than the United 
     States to further the Prague Capabilities Commitment, 
     including any actions taken to improve capability shortfalls 
     in the areas identified for improvement.
       (B) A description of the actions taken by NATO as a whole 
     and by each member nation of NATO, including the United 
     States, to create the NATO Response Force.
       (C) A discussion of the relationship between NATO's efforts 
     to improve capabilities through the Prague Capabilities 
     Commitment and those of the European Union to enhance 
     European capabilities through the European Capabilities 
     Action Plan, including the extent to which they are mutually 
     reinforcing.
       (D) A discussion of NATO decisionmaking on the 
     implementation of the Prague Capabilities Commitment and the 
     development of the NATO Response Force, including--
       (i) an assessment of whether the Prague Capabilities 
     Commitment and the NATO Response Force are the sole 
     jurisdiction of the Defense Planning Committee, the North 
     Atlantic Council, or the Military Committee;
       (ii) a description of the circumstances which led to the 
     defense, military, security, and nuclear decisions of NATO on 
     matters such as the Prague Capabilities Commitment and the 
     NATO Response Force being made in bodies other than the 
     Defense Planning Committee;
       (iii) a description of the extent to which any member that 
     does not participate in the integrated military structure of 
     NATO contributes to each of the component committees of NATO, 
     including any and all committees relevant to the Prague 
     Capabilities Commitment and the NATO Response Force;
       (iv) a description of the extent to which any member that 
     does not participate in the integrated military structure of 
     NATO participates in deliberations and decisions of NATO on 
     resource policy, contribution ceilings, infrastructure, force 
     structure, modernization, threat assessments, training, 
     exercises, deployments, and

[[Page 13652]]

     other issues related to the Prague Capabilities Commitment or 
     the NATO Response Force;
       (v) a description and assessment of the impediments, if 
     any, that would preclude or limit NATO from conducting 
     deliberations and making decisions on matters such as the 
     Prague Capabilities Commitment or the NATO Response Force 
     solely in the Defense Planning Committee;
       (vi) the recommendations of the Secretary of Defense on 
     streamlining defense, military, and security decisionmaking 
     within NATO relating to the Prague Capabilities Commitment, 
     and NATO Response Force, and other matters, including an 
     assessment of the feasibility and advisability of the greater 
     utilization of the Defense Planning Committee for such 
     purposes; and
       (vii) if a report under this subparagraph is a report other 
     than the first report under this subparagraph, the 
     information submitted in such report under any of clauses (i) 
     through (vi) may consist solely of an update of any 
     information previously submitted under the applicable clause 
     in a preceding report under this subparagraph.
       (2) The report shall be submitted in unclassified form, but 
     may also be submitted in classified form if necessary.

     SEC. 1207. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE 
                   ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES.

       (a) General Extension of Authority.--Section 1033 of the 
     National Defense Authorization Act for Fiscal Year 1998 
     (Public Law 105-85; 111 Stat. 1881), as amended by section 
     1021 of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted into law by Public Law 
     106-398; 114 Stat. 1654A-255), is further amended--
       (1) in subsection (a)--
       (A) by inserting after ``subsection (f),'' the following: 
     ``during fiscal years 1998 through 2006 in the case of the 
     foreign governments named in paragraphs (1) and (2) of 
     subsection (b), and fiscal years 2004 through 2006 in the 
     case of the foreign governments named in paragraphs (3) 
     through (9) of subsection (b),''; and
       (B) by striking ``either or both'' and inserting ``any''; 
     and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``, for fiscal years 1998 
     through 2002''; and
       (B) in paragraph (2), by striking ``, for fiscal years 1998 
     through 2006''.
       (b) Additional Governments Eligible To Receive Support.--
     Subsection (b) of such section 1033 is further amended by 
     adding at the end the following new paragraphs:
       ``(3) The Government of Afghanistan.
       ``(4) The Government of Bolivia.
       ``(5) The Government of Ecuador.
       ``(6) The Government of Pakistan.
       ``(7) The Government of Tajikistan.
       ``(8) The Government of Turkmenistan.
       ``(9) The Government of Uzbekistan.''.
       (c) Types of Support.--Subsection (c) of such section 1033 
     is amended--
       (1) in paragraph (2), by striking ``riverine''; and
       (2) in paragraph (3), by inserting ``or upgrade'' after 
     ``maintenance and repair''.
       (d) Maximum Annual Amount of Support.--Subsection (e)(2) of 
     such section 1033, as amended by such section 1021, is 
     further amended by striking ``$20,000,000 during any of the 
     fiscal years 1999 through 2006'' and inserting ``$20,000,000 
     during any of fiscal years 1999 through 2003, or $40,000,000 
     during any of fiscal years 2004 through 2006''.
       (e) Counter-Drug Plan.--(1) Subsection (h) of such section 
     1033 is amended--
       (A) in the subsection caption, by striking ``Riverine'';
       (B) in the matter preceding paragraph (1)--
       (i) by inserting ``in the case of the governments named in 
     paragraphs (1) and (2) of subsection (b) and for fiscal year 
     2004 in the case of the governments named in paragraphs (3) 
     through (9) of subsection (b)''; and
       (ii) by striking ``riverine''; and
       (C) by striking ``riverine'' each place it appears in 
     paragraphs (2), (7), (8), and (9).
       (2) Subsection (f)(2)(A) of such section 1033 is amended by 
     striking ``riverine''.
       (f) Clerical Amendment.--The heading for such section 1033 
     is amended by striking ``PERU AND COLOMBIA'' and inserting 
     ``OTHER COUNTRIES''.

     SEC. 1208. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND COUNTER- 
                   TERRORISM CAMPAIGN IN COLOMBIA.

       (a) Authority.--(1) In fiscal years 2004 and 2005, the 
     Secretary of Defense may use funds available for assistance 
     to the Government of Colombia to support a unified campaign 
     against narcotics trafficking and against activities by 
     organizations designated as terrorist organizations such as 
     the Revolutionary Armed Forces of Colombia (FARC), the 
     National Liberation Army (ELN), and the United Self-Defense 
     Forces of Colombia (AUC).
       (2) The authority to provide assistance for a campaign 
     under this subsection includes authority to take actions to 
     protect human health and welfare in emergency circumstances, 
     including the undertaking of rescue operations.
       (b) Applicability of Certain Laws and Limitations.--The use 
     of funds pursuant to the authority in subsection (a) shall be 
     subject to the following:
       (1) Sections 556, 567, and 568 of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2002 (Public Law 107-115; 115 Stat. 2160, 2165, and 2166).
       (2) Section 8093 of the Department of Defense 
     Appropriations Act, 2002 (division A of Public Law 107-117; 
     115 Stat. 2267).
       (3) The numerical limitations on the number of United 
     States military personnel and United States individual 
     civilian contractors in section 3204(b)(1) of the Emergency 
     Supplemental Act, 2000 (division B of Public Law 106-246; 114 
     Stat. 575).
       (c) Limitation on Participation of United States 
     Personnel.--No United States Armed Forces personnel or United 
     States civilian contractor personnel employed by the United 
     States may participate in any combat operation in connection 
     with assistance using funds pursuant to the authority in 
     subsection (a), except for the purpose of acting in self 
     defense or of rescuing any United States citizen (including 
     any United States Armed Forces personnel, United States 
     civilian employee, or civilian contractor employed by the 
     United States).
       (d) Construction With Other Authority.--The authority in 
     subsection (a) to use funds to provide assistance to the 
     Government of Colombia is in addition to any other authority 
     in law to provide assistance to the Government of Colombia.

     SEC. 1209. COMPETITIVE AWARD OF CONTRACTS FOR IRAQI 
                   RECONSTRUCTION.

       (a) Requirement.--The Department of Defense shall fully 
     comply with the Competition in Contracting Act (10 U.S.C. 
     2304 et seq.) for any contract awarded for reconstruction 
     activities in Iraq and shall conduct a full and open 
     competition for performing work needed for the reconstruction 
     of the Iraqi oil industry.
       (b) Report to Congress.--If the Department of Defense does 
     not have a fully competitive contract in place to replace the 
     March 8, 2003 contract for the reconstruction of the Iraqi 
     oil industry by August 31, 2003, the Secretary of Defense 
     shall submit a report to Congress by September 30, 2003, 
     detailing the reasons for allowing this sole-source contract 
     to continue. A follow-up report shall be submitted to 
     Congress each 60 days thereafter until a competitive contract 
     is in place.

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                              SOVIET UNION

     SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
                   PROGRAMS AND FUNDS.

       (a) Specification of CTR Programs.--For purposes of section 
     301 and other provisions of this Act, Cooperative Threat 
     Reduction programs are the programs specified in section 
     1501(b) of the National Defense Authorization Act for Fiscal 
     Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 
     note).
       (b) Fiscal Year 2004 Cooperative Threat Reduction Funds 
     Defined.--As used in this title, the term ``fiscal year 2004 
     Cooperative Threat Reduction funds'' means the funds 
     appropriated pursuant to the authorization of appropriations 
     in section 301 for Cooperative Threat Reduction programs.
       (c) Availability of Funds.--Funds appropriated pursuant to 
     the authorization of appropriations in section 301 for 
     Cooperative Threat Reduction programs shall be available for 
     obligation for three fiscal years.

     SEC. 1302. FUNDING ALLOCATIONS.

       (a) Funding for Specific Purposes.--Of the $450,800,000 
     authorized to be appropriated to the Department of Defense 
     for fiscal year 2004 in section 301(22) for Cooperative 
     Threat Reduction programs, not more than the following 
     amounts may be obligated for the purposes specified:
       (1) For strategic offensive arms elimination in Russia, 
     $57,600,000.
       (2) For strategic nuclear arms elimination in Ukraine, 
     $3,900,000.
       (3) For nuclear weapons transportation security in Russia, 
     $23,200,000.
       (4) For weapons storage security in Russia, $48,000,000.
       (5) For weapons of mass destruction proliferation 
     prevention activities in the states of the former Soviet 
     Union, $39,400,000.
       (6) For chemical weapons destruction in Russia, 
     $200,300,000.
       (7) For biological weapons proliferation prevention 
     activities in the former Soviet Union, $54,200,000.
       (8) For defense and military contacts, $11,000,000.
       (9) For activities designated as Other Assessments/
     Administrative Support, $13,100,000.
       (b) Report on Obligation or Expenditure of Funds for Other 
     Purposes.--No fiscal year 2004 Cooperative Threat Reduction 
     funds may be obligated or expended for a purpose other than a 
     purpose listed in paragraphs (1) through (9) of subsection 
     (a) until 30 days after the date that the Secretary of 
     Defense submits to Congress a report on the purpose for which 
     the funds will be obligated or expended and the amount of 
     funds to be obligated or expended. Nothing in the preceding 
     sentence shall be construed as authorizing the obligation or 
     expenditure of fiscal year 2004 Cooperative Threat Reduction 
     funds for a purpose for which the obligation or expenditure 
     of such funds is specifically prohibited under this title or 
     any other provision of law.
       (c) Limited Authority To Vary Individual Amounts.--(1) 
     Subject to paragraphs (2) and (3), in any case in which the 
     Secretary of Defense determines that it is necessary to do so 
     in the national interest, the Secretary may obligate amounts 
     appropriated for fiscal year 2004 for a purpose listed in any 
     of the paragraphs in subsection (a) in excess of the amount 
     specifically authorized for such purpose.
       (2) An obligation of funds for a purpose stated in any of 
     the paragraphs in subsection (a) in excess of the specific 
     amount authorized for such

[[Page 13653]]

     purpose may be made using the authority provided in paragraph 
     (1) only after--
       (A) the Secretary submits to Congress notification of the 
     intent to do so together with a complete discussion of the 
     justification for doing so; and
       (B) 15 days have elapsed following the date of the 
     notification.
       (3) The Secretary may not, under the authority provided in 
     paragraph (1), obligate amounts for a purpose stated in any 
     of paragraphs (6) through (9) of subsection (a) in excess of 
     125 percent of the specific amount authorized for such 
     purpose.

     SEC. 1303. ANNUAL CERTIFICATIONS ON USE OF FACILITIES BEING 
                   CONSTRUCTED FOR COOPERATIVE THREAT REDUCTION 
                   PROJECTS OR ACTIVITIES.

       (a) Certification on Use of Facilities Being Constructed.--
     Not later than the first Monday of February each year, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a certification for each facility for a 
     Cooperative Threat Reduction project or activity for which 
     construction occurred during the preceding fiscal year on 
     matters as follows:
       (1) Whether or not such facility will be used for its 
     intended purpose by the country in which the facility is 
     constructed.
       (2) Whether or not the country remains committed to the use 
     of such facility for its intended purpose.
       (b) Applicability.--Subsection (a) shall apply to--
       (1) any facility the construction of which commences on or 
     after the date of the enactment of this Act; and
       (2) any facility the construction of which is ongoing as of 
     that date.

     SEC. 1304. AUTHORITY TO USE COOPERATIVE THREAT REDUCTION 
                   FUNDS OUTSIDE THE FORMER SOVIET UNION.

       (a) Authority.--The President may obligate and expend 
     Cooperative Threat Reduction funds for a fiscal year, and any 
     Cooperative Threat Reduction funds for a fiscal year before 
     such fiscal year that remain available for obligation, for a 
     proliferation threat reduction project or activity outside 
     the states of the former Soviet Union if the President 
     determines that such project or activity will--
       (1) assist the United States in the resolution of a 
     critical emerging proliferation threat; or
       (2) permit the United States to take advantage of 
     opportunities to achieve long-standing nonproliferation 
     goals.
       (b) Scope of Authority.--The authority in subsection (a) to 
     obligate and expend funds for a project or activity includes 
     authority to provide equipment, goods, and services for the 
     project or activity utilizing such funds, but does not 
     include authority to provide cash directly to the project or 
     activity.
       (c) Limitation.--The amount that may be obligated in a 
     fiscal year under the authority in subsection (a) may not 
     exceed $50,000,000.
       (d) Additional Limitations and Requirements.--Except as 
     otherwise provided in subsections (a) and (b), the exercise 
     of the authority in subsection (a) shall be subject to any 
     requirement or limitation under another provision of law as 
     follows:
       (1) Any requirement for prior notice or other reports to 
     Congress on the use of Cooperative Threat Reduction funds or 
     on Cooperative Threat Reduction projects or activities.
       (2) Any limitation on the obligation or expenditure of 
     Cooperative Threat Reduction funds.
       (3) Any limitation on Cooperative Threat Reduction projects 
     or activities.

     SEC. 1305. ONE-YEAR EXTENSION OF INAPPLICABILITY OF CERTAIN 
                   CONDITIONS ON USE OF FUNDS FOR CHEMICAL WEAPONS 
                   DESTRUCTION.

       Section 8144 of Public Law 107-248 (116 Stat. 1571) is 
     amended--
       (1) in subsection (a), by striking ``and 2003'' and 
     inserting ``2003, and 2004''; and
       (2) in subsection (b), by striking ``September 30, 2003'' 
     and inserting ``September 30, 2004''.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

     SEC. 2001. SHORT TITLE.

       This division may be cited as the ``Military Construction 
     Authorization Act for Fiscal Year 2004''.

                            TITLE XXI--ARMY

     SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(1), the Secretary of the Army may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
                                    Installation or
             State                      location             Amount
------------------------------------------------------------------------
Alabama........................  Redstone Arsenal.....        $5,500,000
                                 Fort Richardson......       $10,700,000
Alaska.........................  Fort Wainwright......      $138,800,000
Georgia........................  Fort Benning.........       $30,000,000
                                 Fort Stewart/Hunter        $138,550,000
                                  Army Air Field......
                                 Fort Gordon..........        $4,350,000
Hawaii.........................  Helemano Military           $20,800,000
                                  Reservation.
                                 Schofield Barracks...      $100,000,000
Kansas.........................  Fort Leavenworth.....      $115,000,000
                                 Fort Riley...........       $40,000,000
Kentucky.......................  Fort Knox............       $13,500,000
Louisiana......................  Fort Polk............       $72,000,000
Maryland.......................  Aberdeen Proving            $13,000,000
                                  Ground.
                                 Fort Meade...........        $9,600,000
New York.......................  Fort Drum............      $125,500,000
North Carolina.................  Fort Bragg...........      $152,000,000
Oklahoma.......................  Fort Sill............        $3,500,000
Texas..........................  Fort Hood............       $49,800,000
Virginia.......................  Fort Myer............        $9,000,000
Washington.....................  Fort Lewis...........        $3,900,000
                                                       -----------------
                                   Total..............    $1,055,500,000
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(2), the Secretary of the Army may acquire real 
     property and carry out military construction projects for the 
     installations and locations outside the United States, and in 
     the amounts, set forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Italy..........................  Aviano Air Base........     $15,500,000
                                 Livorno................     $22,000,000
Korea..........................  Camp Humphreys.........    $105,000,000

[[Page 13654]]

 
Kwajalein Atoll................  Kwajalein Atoll........      $9,400,000
                                                         ---------------
                                 Total..................    $151,900,000
------------------------------------------------------------------------

     SEC. 2102. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2104(a)(6)(A), the Secretary of the Army may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installations, 
     for the purposes, and in the amounts set forth in the 
     following table:

                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
                 State                     Installation or location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................  Fort Wainwright............  140 Units.................     $64,000,000
Arizona................................  Fort Huachuca..............  220 Units.................     $41,000,000
Kansas.................................  Fort Riley.................   72 Units.................     $16,700,000
Kentucky...............................  Fort Knox..................  178 Units.................     $41,000,000
New Mexico.............................  White Sands Missile Range..   58 Units.................     $14,600,000
Oklahoma...............................  Fort Sill..................  120 Units.................     $25,373,000
Virginia...............................  Fort Lee...................   90 Units.................     $18,000,000
                                                                                                 ---------------
                                                                        Total:..................    $220,673,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(6)(A), the Secretary of the Army may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $34,488,000.

     SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2104(a)(6)(A), the Secretary of 
     the Army may improve existing military family housing units 
     in an amount not to exceed $156,030,000.

     SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2003, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Army in the total amount of $2,980,454,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2101(a), $843,500,000.
       (2) For military construction projects outside the United 
     States authorized by section 2101(b), $151,900,000.
       (3) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $20,000,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $122,710,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $409,191,000.
       (B) For support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), $1,031,853,000.
       (6) For the construction of phase 3 of Saddle Access Road, 
     Pohakoula Training Facility, Hawaii, authorized by section 
     2101(a) of the Military Construction Authorization Act for 
     Fiscal Year 2001 (division B of the Floyd D. Spence National 
     Defense Authorization Act for Fiscal Year 2001 (as enacted 
     into law by Public Law 106-398; 114 Stat. 1654A-389)), as 
     amended by section 2107 of this Act, $17,000,000.
       (7) For the construction of phase 3 of a barracks complex, 
     D Street, at Fort Richardson, Alaska, authorized by section 
     2101(a) of the Military Construction Authorization Act for 
     Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 
     1280), as amended by section 2107 of this Act, $33,000,000.
       (8) For the construction of phase 3 of a barracks complex, 
     17th and B Streets, at Fort Lewis, Washington, authorized by 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2002 (division B of Public Law 107-107; 
     115 Stat. 1280), $48,000,000.
       (9) For the construction of phase 2 of a barracks complex, 
     Capron Road, at Schofield Barracks, Hawaii, authorized by 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2003 (division B of Public Law 107-314; 
     116 Stat. 2681), $49,000,000.
       (10) For the construction of phase 2 of a combined arms 
     collective training facility at Fort Riley, Kansas, 
     authorized by section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2681), $13,600,000.
       (11) For the construction of phase 2 of a barracks complex, 
     Range Road, at Fort Campbell, Kentucky, authorized by section 
     2101(a) of the Military Construction Authorization Act for 
     Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 
     2681), $49,000,000.
       (12) For the construction of phase 2 of a maintenance 
     complex at Fort Sill, Oklahoma, authorized by section 2101(a) 
     of the Military Construction Authorization Act for Fiscal 
     Year 2003 (division B of Public Law 107-314; 116 Stat. 2681) 
     $13,000,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2101 of this Act may not exceed the 
     sum of--
       (1) the total amount authorized to be appropriated under 
     paragraphs (1), and (2) of subsection (a);
       (2) $32,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks, Fort Stewart, 
     Georgia);
       (3) $87,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a Lewis and Clark 
     instructional facility, Fort Leavenworth, Kansas);
       (4) $43,000,000 (the balance of the amount authorized under 
     section 2101(a) for the construction of a barracks complex, 
     Wheeler-Sack Army Airfield, Fort Drum, New York); and
       (5) $50,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex, 
     Bastogne Drive, Fort Bragg, North Carolina).

     SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2003 PROJECTS.

       (a) Military Construction Projects Outside the United 
     States.--The table in section 2101(b) of the Military 
     Construction Authorization Act for Fiscal Year 2003 (division 
     B of Public Law 107-314; 116 Stat. 2682) is amended--
       (1) by striking the item relating to Area Support Group, 
     Bamberg, Germany;
       (2) by striking the item relating to Coleman Barracks, 
     Germany;
       (3) by striking the item relating to Darmstadt, Germany;
       (4) by striking the item relating to Mannheim, Germany;
       (5) by striking the item relating to Schweinfurt, Germany; 
     and
       (6) by striking the amount identified as the total in the 
     amount column and inserting ``$288,066,000''.
       (b) Family Housing Outside the United States.--The table in 
     section 2102(a) of that Act (116 Stat. 2683) is amended--
       (1) by striking the item relating to Yongsan, Korea; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$23,852,000''.
       (c) Improvements to Military Family Housing Units.--Section 
     2103 of that Act (116 Stat. 2683) is amended by striking 
     ``$239,751,000'' and inserting ``$190,551,000''.
       (d) Conforming Amendments.--Section 2104(a) of that Act 
     (116 Stat. 2683) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``$3,104,176,000'' and inserting ``$2,985,826,000'';
       (2) in paragraph (2), by striking ``$354,116,000'' and 
     inserting ``$288,066,000''; and
       (3) in paragraph (6)(A), by striking ``$282,356,000'' and 
     inserting ``$230,056,000''.

[[Page 13655]]



     SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2003 PROJECTS.

       (a) Military Construction Inside the United States.--The 
     table in section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2681) is amended--
       (1) in the item relating to Fort Riley, Kansas, by striking 
     ``$81,095,000'' in the amount column and inserting 
     ``$81,495,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$1,156,167,000''.
       (b) Military Construction Outside the United States.--The 
     table in section 2101(b) of that Act (116 Stat. 2682) is 
     amended--
       (1) by striking the item relating to Camp Castle, Korea;
       (2) by striking the item relating to Camp Hovey, Korea;
       (3) in the item relating to Camp Humphreys, Korea, by 
     striking ``$36,000,000'' in the amount column and inserting 
     ``$107,800,000'' ; and
       (4) by striking the item relating to K16 Airfield, Korea.
       (c) Conforming Amendment.--Section 2104(b)(4) of that Act 
     (116 Stat. 2684) is amended by striking ``$13,200,000'' and 
     inserting ``$13,600,000''.

     SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2002 PROJECT.

       (a) Modification.--The table in section 2101(a) of the 
     Military Construction Authorization Act for Fiscal Year 2002 
     (division B of Public Law 107-107; 115 Stat. 1281), as 
     amended by section 2105 of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2689), is further amended--
       (1) in the item relating to Fort Richardson, Alaska, by 
     striking ``$115,000,000'' in the amount column and inserting 
     ``$117,000,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$1,364,750,000''.
       (b) Conforming Amendment.--Section 2104(b)(2) of that Act 
     (115 Stat. 1284) is amended by striking ``$52,000,000'' and 
     inserting ``$54,000,000''.

     SEC. 2108. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2001 PROJECT.

       (a) In General.--The table in section 2101(a) of the 
     Military Construction Authorization Act for Fiscal Year 2001 
     (division B of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-389)), as amended by 
     section 2105 of the Military Construction Authorization Act 
     for Fiscal Year 2002 (division B of Public Law 107-107; 115 
     Stat. 1285), is further amended--
       (1) in the item relating to Pohakoula Training Facility, 
     Hawaii, by striking ``$32,000,000'' in the amount column and 
     inserting ``$42,000,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$636,374,000''.
       (b) Conforming Amendment.--Section 2104(b)(7) of the 
     Military Construction Authorization Act for Fiscal Year 2001 
     (114 Stat. 1654A-392) is amended by striking ``$20,000,000'' 
     and inserting ``$30,000,000''.

                            TITLE XXII--NAVY

     SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(a)(1), the Secretary of the Navy may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:

                     Navy: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             State                      location              Amount
------------------------------------------------------------------------
Arizona........................  Marine Corps Air            $22,230,000
                                  Station, Yuma.
California.....................  Marine Corps Base,          $73,580,000
                                  Camp Pendleton.
                                 Naval Air Station,          $34,510,000
                                  Lemoore.
                                 Marine Corps Air             $4,740,000
                                  Station, Miramar.
                                 Naval Air Station,          $49,240,000
                                  North Island.
                                 Naval Air Warfare           $12,890,000
                                  Center, China Lake...
                                 Naval Air Warfare            $9,150,000
                                  Center, Point Mugu,
                                  San Nicholas Island..
                                 Naval Air Facility,         $18,940,000
                                  San Clemente Island..
                                 Naval Postgraduate          $35,550,000
                                  School, Monterey.
                                 Naval Station, San          $42,710,000
                                  Diego.
                                 Marine Air Ground Task      $28,390,000
                                  Force Training
                                  Center, Twentynine
                                  Palms................
Connecticut....................  New London............       $3,000,000
District of Columbia...........  Marine Corps Barracks.       $1,550,000
Florida........................  Naval Air Station,           $3,190,000
                                  Jacksonville.
                                 Naval Air Station,           $4,830,000
                                  Whiting Field, Milton
                                 Naval Surface Warfare        $9,550,000
                                  Center, Coastal
                                  Systems Station,
                                  Panama City..........
                                 Blount Island              $115,711,000
                                  (Jacksonville).
Georgia........................  Strategic Weapons           $11,510,000
                                  Facility Atlantic,
                                  Kings Bay............
Hawaii.........................  Fleet and Industrial        $32,180,000
                                  Supply Center, Pearl
                                  Harbor...............
                                 Naval Magazine,              $6,320,000
                                  Lualualei.
                                 Naval Shipyard, Pearl        $7,010,000
                                  Harbor.
Illinois.......................  Naval Training Center,     $137,120,000
                                  Great Lakes.
Maryland.......................  Naval Air Warfare           $24,370,000
                                  Center, Patuxent
                                  River................
                                 Naval Surface Warfare       $14,850,000
                                  Center, Indian Head..
Mississippi....................  Naval Air Station,           $4,570,000
                                  Meridian.
Nevada.........................  Naval Air Station,           $4,700,000
                                  Fallon.
New Jersey.....................  Naval Air Warfare           $20,681,000
                                  Center, Lakehurst.
                                 Naval Weapons Station,     $123,720,000
                                  Earle.
North Carolina.................  Marine Corps Air             $1,270,000
                                  Station, Cherry Point.
                                 Marine Corps Air             $6,240,000
                                  Station, New River...
                                 Marine Corps Base,          $29,450,000
                                  Camp Lejeune.
Pennsylvania...................  Philadelphia Foundry..      $10,200,000
Rhode Island...................  Naval Station, Newport      $18,690,000
                                 Naval Undersea Warfare      $10,890,000
                                  Center, Newport......
Texas..........................  Naval Station,               $7,070,000
                                  Ingleside.
Virginia.......................  Henderson Hall,              $1,970,000
                                  Arlington.
                                 Marine Corps Combat         $18,120,000
                                  Development Command,
                                  Quantico.............
                                 Naval Amphibious Base,       $3,810,000
                                  Little Creek.

[[Page 13656]]

 
                                 Naval Station, Norfolk     $182,240,000
                                 Naval Space Command         $24,020,000
                                  Center, Dahlgren.....
                                 Norfolk Naval               $17,770,000
                                  Shipyard, Portsmouth.
Washington.....................  Naval Magazine, Indian       $2,240,000
                                  Island.
                                 Naval Submarine Base,       $33,820,000
                                  Bangor.
                                 Strategic Weapons            $6,530,000
                                  Facility Pacific,
                                  Bangor...............
Various Locations..............  Various Locations,          $56,360,000
                                  CONUS.
                                                        ----------------
                                   Total...............   $1,287,482,000
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(a)(2), the Secretary of the Navy may acquire real 
     property and carry out military construction projects for the 
     locations outside the United States, and in the amounts, set 
     forth in the following table:

                     Navy: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Bahrain........................  Naval Support Activity,     $18,030,000
                                  Bahrain...............
Italy..........................  Naval Support Activity,     $39,020,000
                                  La Madalena...........
                                 Naval Air Station,          $34,070,000
                                  Sigonella.
United Kingdom.................  Joint Maritime               $7,070,000
                                  Facility, St. Mawgan..
                                                         ---------------
                                   Total................     $98,190,000
------------------------------------------------------------------------

     SEC. 2202. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2204(a)(5)(A), the Secretary of the Navy may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installations, 
     for the purposes, and in the amounts set forth in the 
     following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
            State or Country               Installation or location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
California.............................  Naval Air Station, Lemoore.  187 Units.................     $41,585,000
Florida................................  Naval Air Station,            25 Units.................      $3,197,000
                                          Pensacola.................
North Carolina.........................  Marine Corps Base, Camp      519 Units.................     $67,781,000
                                          Lejeune...................
                                         Marine Corps Air Station,    339 Units.................     $42,803,000
                                          Cherry Point
                                                                                                 ---------------
                                                                        Total...................    $155,366,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriation in section 
     2204(a)(5)(A), the Secretary of the Navy may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of military family housing units in an amount not 
     to exceed $8,381,000.

     SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2204(a)(5)(A), the Secretary of 
     the Navy may improve existing military family housing units 
     in an amount not to exceed $20,446,000.

     SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2003, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Navy in the total amount of $2,179,919,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2201(a), $959,702,000.
       (2) For military construction projects outside the United 
     States authorized by section 2201(b), $98,190,000.
       (3) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $12,334,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $65,612,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $184,193,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $813,158,000.
       (6) For construction of phase 2 of a bachelor enlisted 
     quarters shipboard ashore at Naval Shipyard Norfolk, 
     Virginia, authorized by section 2201(a) of the Military 
     Construction Authorization Act for Fiscal Year 2003 (division 
     B of Public Law 107-314; 116 Stat. 2687), $46,730,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2201 of this Act may not exceed the 
     sum of--
       (1) the total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a);
       (2) $25,690,000 (the balance of the amount authorized under 
     section 2201(a) for the construction of a tertiary sewage 
     treatment complex, Marine Corps Base, Camp Pendleton, 
     California);
       (3) $58,190,000 (the balance of the amount authorized under 
     section 2201(a) for the construction of a battle station 
     training facility, Naval Training Center, Great Lakes, 
     Illinois);
       (4) $96,980,000 (the balance of the amount authorized under 
     section 2201(a) for replacement of a general purpose berthing 
     pier, Naval Weapons Station, Earle, New Jersey);
       (5) $118,170,000 (the balance of the amount authorized 
     under section 2201(a) for replacement of pier 11, Naval 
     Station, Norfolk, Virginia); and
       (6) $28,750,000 (the balance of the amount authorized under 
     section 2201(a) for the construction of an outlying landing 
     field and facilities at a location to be determined).

     SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2003 PROJECT.

       (a) Termination.--The table in section 2201(b) of the 
     Military Construction Authorization Act for Fiscal Year 2003 
     (division B of Public Law 107-314; 116 Stat. 2687) is 
     amended--

[[Page 13657]]

       (1) by striking the item relating to Naval Air Station, 
     Keflavik, Iceland; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$135,900,000''.
       (b) Conforming Amendments.--Section 2204(a) of that Act 
     (116 Stat. 2688) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``$2,576,381,000'' and inserting ``$2,561,461,000''; and
       (2) in paragraph (2), by striking ``$148,250,000'' and 
     inserting ``$133,330,000''.

                         TITLE XXIII--AIR FORCE

     SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(1), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:

                   Air Force: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             State                       location             Amount
------------------------------------------------------------------------
Alabama........................  Maxwell Air Force Base.     $13,400,000
Alaska.........................  Eielson Air Force Base.     $48,774,000
                                 Elmendorf Air Force          $2,000,000
                                  Base.
Arizona........................  Davis-Monthan Air Force      $9,864,000
                                  Base.
                                 Luke Air Force Base....     $14,300,000
Arkansas.......................  Little Rock Air Force        $7,372,000
                                  Base.
California.....................  Beale Air Force Base...     $22,300,000
                                 Edwards Air Force Base.     $19,060,000
                                 Los Angeles Air Force        $5,000,000
                                  Base.
                                 Vandenberg Air Force        $16,500,000
                                  Base.
Colorado.......................  Buckley Air Force Base.      $6,957,000
                                 Peterson Air Force Base     $10,200,000
Delaware.......................  Dover Air Force Base...      $8,500,000
District of Columbia...........  Bolling Air Force Base.      $9,300,000
Florida........................  Hurlburt Field.........     $27,200,000
                                 Patrick Air Force Base.      $8,800,000
                                 Tyndall Air Force Base.      $6,195,000
Georgia........................  Moody Air Force Base...      $7,600,000
                                 Robins Air Force Base..     $28,685,000
Hawaii.........................  Hickam Air Force Base..     $78,276,000
Idaho..........................  Mountain Home Air Force     $15,137,000
                                  Base.
Illinois.......................  Scott Air Force Base...      $1,900,000
Mississippi....................  Columbus Air Force Base      $5,500,000
                                 Keesler Air Force Base.      $2,900,000
Nevada.........................  Nellis Air Force Base..     $11,800,000
New Jersey.....................  McGuire Air Force Base.     $11,627,000
New Mexico.....................  Cannon Air Force Base..      $9,000,000
                                 Kirtland Air Force Base      $6,957,000
                                 Tularosa Radar Test          $3,600,000
                                  Site.
North Carolina.................  Pope Air Force Base....     $24,015,000
                                 Seymour Johnson Air         $22,430,000
                                  Force Base.
North Dakota...................  Minot Air Force Base...     $12,550,000
Ohio...........................  Wright-Patterson Air        $10,500,000
                                  Force Base.
Oklahoma.......................  Altus Air Force Base...      $1,144,000
                                 Tinker Air Force Base..     $25,560,000
                                 Vance Air Force Base...     $15,000,000
South Carolina.................  Charleston Air Force         $8,863,000
                                  Base.
                                 Shaw Air Force Base....      $8,500,000
South Dakota...................  Ellsworth Air Force          $9,300,000
                                  Base.
Texas..........................  Goodfellow Air Force        $19,970,000
                                  Base.
                                 Lackland Air Force Base     $64,926,000
                                 Randolph Air Force Base     $13,600,000
                                 Sheppard Air Force Base     $28,590,000
Utah...........................  Hill Air Force Base....     $21,711,000
Virginia.......................  Langley Air Force Base.     $24,969,000
Washington.....................  McChord Air Force Base.     $19,000,000
Wyoming........................  F.E. Warren Air Force       $10,000,000
                                  Base.
                                                         ---------------
                                 Total..................    $740,909,000
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(2), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations and locations outside the United States, and in 
     the amounts, set forth in the following table:

[[Page 13658]]



                  Air Force: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Germany........................  Ramstein Air Base......     $35,616,000
                                 Spangdahlem Air Base...      $5,411,000
Italy..........................  Aviano Air Base........     $14,025,000
Korea..........................  Kunsan Air Base........      $7,059,000
                                 Osan Air Base..........     $16,638,000
Portugal.......................  Lajes Field, Azores....      $4,086,000
United Kingdom.................  Royal Air Force,            $42,487,000
                                  Lakenheath.
                                 Royal Air Force,            $10,558,000
                                  Mildenhall.
Wake Island....................  Wake Island............     $24,000,000
                                                         ---------------
                                   Total................    $159,880,000
------------------------------------------------------------------------

       (c) Unspecified Worldwide.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(3), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installation and location, and in the amount, set forth in 
     the following table:

                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
                                     Installation or
            Location                     location             Amount
------------------------------------------------------------------------
Unspecified Worldwide..........  Classified Location....     $28,981,000
                                                         ---------------
                                   Total................     $28,981,000
------------------------------------------------------------------------

     SEC. 2302. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2304(a)(6)(A), the Secretary of the Air Force may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installations, 
     for the purposes, and in the amounts set forth in the 
     following table:

                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
            State or Country               Installation or location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................  Davis-Monthan Air Force       93 Units.................     $19,357,000
                                          Base......................
California.............................  Travis Air Force Base......   56 Units.................     $12,723,000
Delaware...............................  Dover Air Force Base.......  112 Units.................     $19,601,000
Florida................................  Eglin Air Force Base.......  279 Units.................     $32,166,000
Idaho..................................  Mountain Home Air Force      186 Units.................     $37,126,000
                                          Base......................
Maryland...............................  Andrews Air Force Base.....   50 Units.................     $20,233,000
Missouri...............................  Whiteman Air Force Base....  100 Units.................     $18,221,000
Montana................................  Malmstrom Air Force Base...   94 Units.................     $19,368,000
North Carolina.........................  Seymour Johnson Air Force    138 Units.................     $18,336,000
                                          Base......................
North Dakota...........................  Grand Forks Air Force Base.  144 Units.................     $29,550,000
                                         Minot Air Force Base.......  200 Units.................     $41,117,000
South Dakota...........................  Ellsworth Air Force Base...   75 Units.................     $16,240,000
Texas..................................  Dyess Air Force Base.......  116 Units.................     $19,973,000
                                         Randolph Air Force Base....   96 Units.................     $13,754,000
Korea..................................  Osan Air Base..............  111 Units.................     $44,765,000
Portugal...............................  Lajes Field, Azores........   42 Units.................     $13,428,000
United Kingdom.........................  Royal Air Force, Lakenheath   89 Units.................     $23,640,000
                                                                                                 ---------------
                                                                        Total...................    $399,598,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(6)(A), the Secretary of the Air Force may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of military family housing units in an amount not 
     to exceed $33,488,000.

     SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2304(a)(6)(A), the Secretary of 
     the Air Force may improve existing military family housing 
     units in an amount not to exceed $223,979,000.

     SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2003, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Air Force in the total amount of $2,505,373,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2301(a), $760,332,000.
       (2) For military construction projects outside the United 
     States authorized by section 2301(b), $159,880,000.
       (3) For military construction projects at unspecified 
     worldwide locations authorized by section 2301(c), 
     $28,981,000.
       (4) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $12,000,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $74,345,000.
       (6) For military housing functions:
       (A) For construction and acquisition, plan-

[[Page 13659]]

     ning and design, and improvement of military family housing 
     and facilities, $657,065,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $812,770,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2301 of this Act may not exceed the 
     total amount authorized to be appropriated under paragraphs 
     (1), (2), and (3) of subsection (a).

     SEC. 2305. MODIFICATION OF FISCAL YEAR 2003 AUTHORITY 
                   RELATING TO IMPROVEMENT OF MILITARY FAMILY 
                   HOUSING UNITS.

       (a) Modification.--Section 2303 of the Military 
     Construction Authorization Act for Fiscal Year 2003 (division 
     B of Public Law 107-314; 116 Stat. 2693) is amended by 
     striking ``$226,068,000'' and inserting ``$206,721,000''.
       (b) Conforming Amendments.--Section 2304(a) of that Act 
     (116 Stat. 2693) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``$2,633,738,000'' and inserting ``$2,614,391,000''; and
       (2) in paragraph (6)(A), by striking ``$689,824,000'' and 
     inserting ``$670,477,000''.

                      TITLE XXIV--DEFENSE AGENCIES

     SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2405(a)(1), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:

               Defense Agencies: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             Agency                      location             Amount
------------------------------------------------------------------------
Defense Education Activity.....  Marine Corps Base, Camp     $15,259,000
                                  Lejeune, North
                                  Carolina..............
Defense Logistics Agency.......  Defense Distribution        $27,000,000
                                  Depot, New Cumberland,
                                  Pennsylvania..........
                                 Eglin Air Force Base,        $4,800,000
                                  Florida...............
                                 Eielson Air Force Base,     $17,000,000
                                  Alaska................
                                 Hickam Air Force Base,      $14,100,000
                                  Hawaii................
                                 Hurlburt Field, Florida      $3,500,000
                                 Langley Air Force Base,     $13,000,000
                                  Virginia..............
                                 Laughlin Air Force           $4,688,000
                                  Base, Texas...........
                                 McChord Air Force Base,      $8,100,000
                                  Washington............
                                 Nellis Air Force Base,      $12,800,000
                                  Nevada................
                                 Offutt Air Force Base,      $13,400,000
                                  Nebraska..............
National Security Agency.......  Fort Meade, Maryland...      $1,842,000
Special Operations Command.....  Dam Neck, Virginia.....     $15,281,000
                                 Fort Benning, Georgia..      $2,100,000
                                 Fort Bragg, North           $36,300,000
                                  Carolina.
                                 Fort Campbell, Kentucky      $7,800,000
                                 Harrisburg                   $3,000,000
                                  International Airport,
                                  Pennsylvania..........
                                 Hurlburt Field, Florida      $6,000,000
                                 Little Creek, Virginia.      $9,000,000
                                 MacDill Air Force Base,     $25,500,000
                                  Florida.
Tri-Care Management Activity...  Naval Station,              $15,714,000
                                  Anacostia, District of
                                  Columbia..............
                                 Naval Submarine Base,        $6,400,000
                                  New London,
                                  Connecticut...........
                                 United States Air Force     $21,500,000
                                  Academy, Colorado.....
                                 Walter Reed Medical          $9,000,000
                                  Center, District of
                                  Columbia..............
Washington Headquarters          Arlington, Virginia....     $38,086,000
 Services......................
                                                         ---------------
                                   Total................    $331,170,000
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2405(a)(2), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations and locations outside the United States, and in 
     the amounts, set forth in the following table:

               Defense Agencies: Outside the United States
------------------------------------------------------------------------
                                     Installation or
             Agency                      location             Amount
------------------------------------------------------------------------
Defense Education Agency.......  Grafenwoehr, Germany...     $36,247,000
                                 Heidelberg, Germany....      $3,086,000
                                 Sigonella, Italy.......     $30,234,000
                                 Vicenza, Italy.........     $16,374,000
                                 Vilseck, Germany.......      $1,773,000
Special Operations Command.....  Stuttgart, Germany.....     $11,400,000
Tri-Care Management Activity...  Andersen Air Force          $24,900,000
                                  Base, Guam............
                                 Grafenwoehr, Germany...     $12,585,000
                                                         ---------------
                                   Total................    $136,599,000
------------------------------------------------------------------------

     SEC. 2402. FAMILY HOUSING.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section

     2405(a)(8)(A), the Secretary of Defense may carry out 
     architectural and engineering services and construction 
     design activities with respect

     to the construction or improvement of military family housing 
     units in an amount not to exceed $300,000.

[[Page 13660]]



     SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2405(a)(8)(A), the Secretary of 
     Defense may improve existing military family housing units in 
     an amount not to exceed $50,000.

     SEC. 2404. ENERGY CONSERVATION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2405(a)(6), the Secretary of 
     Defense may carry out energy conservation projects under 
     section 2865 of title 10, United States Code, in the amount 
     of $69,500,000.

     SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2003, for military construction, land acquisition, and 
     military family housing functions of the Department of 
     Defense (other than the military departments) in the total 
     amount of $1,154,402,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $331,170,000.
       (2) For military construction projects outside the United 
     States authorized by section 2401(b), $102,703,000.
       (3) For unspecified minor construction projects under 
     section 2805 of title 10, United States Code, $16,153,000.
       (4) For contingency construction projects of the Secretary 
     of Defense under section 2804 of title 10, United States 
     Code, $8,960,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $59,884,000.
       (6) For energy conservation projects authorized by section 
     2404, $69,500,000.
       (7) For base closure and realignment activities as 
     authorized by the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note), $370,427,000.
       (8) For military family housing functions:
       (A) For planning, design, and improvement of military 
     family housing and facilities, $350,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $49,440,000.
       (C) For credit to the Department of Defense Family Housing 
     Improvement Fund established by section 2883(a)(1) of title 
     10, United States Code, $300,000.
       (9) For construction of the Defense Threat Reduction Center 
     at Fort Belvoir, Virginia, authorized by section 2401(a) of 
     the Military Construction Authorization Act for Fiscal Year 
     2003 (division B of Public Law 107-314; 116 Stat. 2695), 
     $25,700,000.
       (10) For construction of phase 5 of an ammunition 
     demilitarization facility at Pueblo Chemical Activity, 
     Colorado, authorized by section 2401(a) of the Military 
     Construction Authorization Act for Fiscal Year 1997 (division 
     B of Public Law 104-201; 110 Stat. 2775), as amended by 
     section 2406 of the Military Construction Authorization Act 
     for Fiscal Year 2000 (division B of Public Law 106-65; 113 
     Stat. 839) and section 2407 of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2698), $88,388,000.
       (11) For construction of phase 6 of an ammunition 
     demilitarization facility at Newport Army Depot, Indiana, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 1999 (division B of Public 
     Law 105-261; 112 Stat. 2193), as amended by section 2406 of 
     the Military Construction Authorization Act for Fiscal Year 
     2002 (division B of Public Law 107-107; 115 Stat. 1299) and 
     section 2406 of the Military Construction Authorization Act 
     for Fiscal Year 2003 (division B of Public Law 107-314; 116 
     Stat. 2698), $15,207,000.
       (12) For construction of phase 4 of an ammunition 
     demilitarization facility at Blue Grass Army Depot, Kentucky, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 835), as amended by section 2405 of the 
     Military Construction Authorization Act for Fiscal Year 2002 
     (division B of Public Law 107-107; 115 Stat. 1298) and 
     section 2405 of the Military Construction Authorization Act 
     for Fiscal Year 2003 (division B of Public Law 107-314; 116 
     Stat. 2698), $16,220,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2401 of this Act may not exceed the 
     sum of--
       (1) the total amount authorized to be appropriated under 
     paragraphs (1), (2), and (3) of subsection (a);
       (2) $16,265,000 (the balance of the amount authorized under 
     section 2401(b) for the renovation and construction of an 
     elementary and high school, Naval Station Sigonella, Italy); 
     and
       (3) $17,631,000 (the balance of the amount authorized under 
     section 2401(b) for the construction of an elementary and 
     middle school, Grafenwoehr, Germany).

     SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2003 PROJECT.

       The table in section 2401(b) of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2695) is amended in the matter 
     relating to Department of Defense Dependent Schools by 
     striking ``Seoul, Korea'' in the installation or location 
     column and inserting ``Camp Humphreys, Korea''.

     SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2003 PROJECTS.

       (a) Modification.--The table in section 2401(b) of the 
     Military Construction Authorization Act for Fiscal Year 2003 
     (division B of Public Law 107-314; 116 Stat. 2695) is 
     amended--
       (1) in the matter relating to Department of Defense 
     Dependent Schools--
       (A) by striking ``Seoul, Korea'' in the installation or 
     location column and inserting ``Camp Humphreys, Korea''; and
       (B) by striking the item relating to Spangdahlem Air Base, 
     Germany; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$205,586,000''.
       (b) Conforming Amendments.--Section 2404(a) of that Act 
     (116 Stat. 2696) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     $1,434,795,000'' and inserting ``$1,433,798,000''; and
       (2) in paragraph (2), by striking ``$206,583,000'' and 
     inserting ``$205,586,000''.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

     SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       The Secretary of Defense may make contributions for the 
     North Atlantic Treaty Organization Security Investment 
     program as provided in section 2806 of title 10, United 
     States Code, in an amount not to exceed the sum of the amount 
     authorized to be appropriated for this purpose in section 
     2502 and the amount collected from the North Atlantic Treaty 
     Organization as a result of construction previously financed 
     by the United States.

     SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2003, for contributions 
     by the Secretary of Defense under section 2806 of title 10, 
     United States Code, for the share of the United States of the 
     cost of projects for the North Atlantic Treaty Organization 
     Security Investment program authorized by section 2501, in 
     the amount of $169,300,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

     SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       There are authorized to be appropriated for fiscal years 
     beginning after September 30, 2003, for the costs of 
     acquisition, architectural and engineering services, and 
     construction of facilities for the Guard and Reserve Forces, 
     and for contributions therefor, under chapter 1803 of title 
     10, United States Code (including the cost of acquisition of 
     land for those facilities), the following amounts:
       (1) For the Department of the Army--
       (A) for the Army National Guard of the United States, 
     $276,779,000; and
       (B) for the Army Reserve, $74,478,000.
       (2) For the Department of the Navy, for the Naval and 
     Marine Corps Reserve, $34,132,000.
       (3) For the Department of the Air Force--
       (A) for the Air National Guard of the United States, 
     $208,530,000; and
       (B) for the Air Force Reserve, $53,912,000.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

     SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED 
                   TO BE SPECIFIED BY LAW.

       (a) Expiration of Authorizations After Three Years.--Except 
     as provided in subsection (b), all authorizations contained 
     in titles XXI through XXVI for military construction 
     projects, land acquisition, family housing projects and 
     facilities, and contributions to the North Atlantic Treaty 
     Organization Security Investment program (and authorizations 
     of appropriations therefor) shall expire on the later of--
       (1) October 1, 2006; or
       (2) the date of the enactment of an Act authorizing funds 
     for military construction for fiscal year 2007.
       (b) Exception.--Subsection (a) shall not apply to 
     authorizations for military construction projects, land 
     acquisition, family housing projects, and facilities, and 
     contributions to the North Atlantic Treaty Organization 
     Security Investment program (and authorizations of 
     appropriations therefor) for which appropriated funds have 
     been obligated before the later of--
       (1) October 1, 2006; or
       (2) the date of the enactment of an Act authorizing funds 
     for fiscal year 2007 for military construction projects, land 
     acquisition, family housing projects and facilities, and 
     contributions to the North Atlantic Treaty Organization 
     Security Investment program.

     SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   2001 PROJECTS.

       (a) Extension of Certain Projects.--Notwithstanding section 
     2701 of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted into law by Public Law 
     106-398; 114 Stat. 1654A-407), authorizations set forth in 
     the tables in subsection (b), as provided in section 2102, 
     2201, 2401, or 2601 of that Act, shall remain in effect until 
     October 1, 2004, or the date of the enactment of an Act 
     authorizing funds for military construction for fiscal year 
     2005, whichever is later.
       (b) Tables.--The tables referred to in subsection (a) are 
     as follows:

[[Page 13661]]



                                  Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
South Carolina........................  Fort Jackson.............  New Construction--Family             $250,000
                                                                    Housing (1 Unit)............
----------------------------------------------------------------------------------------------------------------


                                  Navy: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania..........................  Naval Surface Warfare      Gas Turbine Test Facility....     $10,680,000
                                         Center Shipyard Systems
                                         Engineering Station,
                                         Philadelphia............
----------------------------------------------------------------------------------------------------------------


                           Defense Agencies: Extension of 2001 Project Authorizations
----------------------------------------------------------------------------------------------------------------
           State or country              Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Defense Education Activity............  Seoul, Korea.............  Elementary School Full Day         $2,317,000
                                                                    Kindergarten Classroom
                                                                    Addition....................
                                        Taegu, Korea.............  Elementary/High School Full          $762,000
                                                                    Day Kindergarten Classroom
                                                                    Addition....................
----------------------------------------------------------------------------------------------------------------


                          Army National Guard: Extension of 2001 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Arizona...............................  Papago Park..............  Add/Alter Readiness Center...      $2,265,000
Pennsylvania..........................  Mansfield................  Readiness Center.............      $3,100,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   2000 PROJECTS.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2000 
     (division B of Public Law 106-65; 113 Stat. 841), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2302 or 2601 of that Act and extended by 
     section 2702 of the Military Construction Authorization Act 
     for Fiscal Year 2003 (division B of Public Law 107-314; 116 
     Stat. 2700), shall remain in effect until October 1, 2004, or 
     the date of the enactment of an Act authorizing funds for 
     military construction for fiscal year 2005, whichever is 
     later.
       (b) Tables.--The table referred to in subsection (a) is as 
     follows:

                               Air Force: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Oklahoma..............................  Tinker Air Force Base....  Replace Family Housing (41         $6,000,000
                                                                    Units)......................
----------------------------------------------------------------------------------------------------------------


[[Page 13662]]


                          Army National Guard: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Virginia..............................  Fort Pickett.............  Multi-purpose Range-Heavy....     $13,500,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2704. EFFECTIVE DATE.

       Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act 
     shall take effect on the later of--
       (1) October 1, 2003; or
       (2) the date of the enactment of this Act.

                    TITLE XXVIII--GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes

     SEC. 2801. MODIFICATION OF GENERAL DEFINITIONS RELATING TO 
                   MILITARY CONSTRUCTION.

       (a) Military Construction.--Subsection (a) of section 2801 
     of title 10, United States Code, is amended by inserting 
     before the period the following: ``, whether to satisfy 
     temporary or permanent requirements''.
       (b) Military Installation.--Subsection (c)(2) of such 
     section is amended by inserting before the period the 
     following: ``, without regard to the duration of operational 
     control''.

     SEC. 2802. INCREASE IN NUMBER OF FAMILY HOUSING UNITS IN 
                   ITALY AUTHORIZED FOR LEASE BY THE NAVY.

       Section 2828(e)(2) of title 10, United States Code, is 
     amended by striking ``2,000'' and inserting ``2,800''.

        Subtitle B--Real Property and Facilities Administration

     SEC. 2811. INCREASE IN THRESHOLD FOR REPORTS TO CONGRESS ON 
                   REAL PROPERTY TRANSACTIONS.

       Section 2662 of title 10, United States Code, is amended by 
     striking ``$500,000'' each place it appears and inserting 
     ``$750,000''.

     SEC. 2812. ACCEPTANCE OF IN-KIND CONSIDERATION FOR EASEMENTS.

       (a) Easements for Rights-of-Way.--Section 2668 of title 10, 
     United States Code, is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Subsection (c) of section 2667 of this title shall 
     apply with respect to in-kind consideration received by the 
     Secretary of a military department in connection with an 
     easement granted under this section in the same manner as 
     such subsection applies to in-kind consideration received 
     pursuant to leases entered into by that Secretary under such 
     section.''.
       (b) Easements for Utility Lines.--Section 2669 of such 
     title is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Subsection (c) of section 2667 of this title shall 
     apply with respect to in-kind consideration received by the 
     Secretary of a military department in connection with an 
     easement granted under this section in the same manner as 
     such subsection applies to in-kind consideration received 
     pursuant to leases entered into by that Secretary under such 
     section.''.

     SEC. 2813. EXPANSION TO MILITARY UNACCOMPANIED HOUSING OF 
                   AUTHORITY TO TRANSFER PROPERTY AT MILITARY 
                   INSTALLATIONS TO BE CLOSED IN EXCHANGE FOR 
                   MILITARY HOUSING.

       Section 2905(f)(1) of the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) is amended--
       (1) by inserting ``unaccompanied members of the Armed 
     Forces or'' before ``members of the Armed Forces and their 
     dependents''; and
       (2) by striking ``Family'' in the subsection heading.

     SEC. 2814. EXEMPTION FROM SCREENING AND USE REQUIREMENTS 
                   UNDER MCKINNEY-VENTO HOMELESS ASSISTANCE ACT OF 
                   DEPARTMENT OF DEFENSE PROPERTY IN EMERGENCY 
                   SUPPORT OF HOMELAND SECURITY.

       Section 501 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11411) is amended--
       (1) by redesignating subsection (i) as subsection (j); and
       (2) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i) Applicability to Department of Defense Property in 
     Emergency Support of Homeland Security.--The provisions of 
     this section shall not apply to a building or property under 
     the jurisdiction of the Department of Defense that the 
     Secretary of Defense determines should be made available for 
     use by a State or local government, or private entity, on a 
     temporary basis, for emergency activities in support of 
     homeland security.''.

                      Subtitle C--Land Conveyances

     SEC. 2821. TRANSFER OF LAND AT FORT CAMPBELL, KENTUCKY AND 
                   TENNESSEE.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the State of Tennessee, all right, title, and 
     interest of the United States in and to a parcel of real 
     property (right-of-way), including improvements thereon, 
     located at Fort Campbell, Kentucky and Tennessee, for the 
     purpose of realigning and upgrading United States Highway 79 
     from a 2-lane highway to a 4-lane highway.
       (b) Consideration.--
       (1) Payment.--As consideration for the conveyance of the 
     right-of-way parcel to be conveyed by subsection (a), the 
     State of Tennessee shall pay from any source (including 
     Federal funds made available to the State from the Highway 
     Trust Fund) all of the Secretary's costs associated with the 
     following:
       (A) Costs of conveyance.--The conveyance of the right-of-
     way parcel, including the preparation of documents under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), surveys (including surveys under subsection (c)), 
     appraisals, cultural reviews, administrative expenses, 
     cemetery relocation, and other expenses necessary to transfer 
     the property.
       (B) Acquisition of replacement land.--The acquisition of 
     approximately 200 acres of mission-essential replacement land 
     required to support the training mission at Fort Campbell.
       (C) Disposal of residual property.--The disposal of 
     residual land located south of the realigned highway.
       (2) Acceptance and credit.--The Secretary may accept funds 
     under this subsection from the Federal Highway Administration 
     or the State of Tennessee to pay the costs described in 
     paragraph (1) and shall credit the funds to the appropriate 
     Department of the Army accounts for the purpose of paying 
     such costs.
       (3) Period of availability.--All funds accepted by the 
     Secretary under this subsection shall remain available until 
     expended.
       (c) Description of Property.--The acreage of the real 
     property to be conveyed, acquired, and disposed of under this 
     section shall be determined by surveys satisfactory to the 
     Secretary.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2822. LAND CONVEYANCE, FORT KNOX, KENTUCKY.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the Department of Veterans 
     Affairs of the Commonwealth of Kentucky (in this section 
     referred to as the ``Department''), all right, title, and 
     interest of the United States in and to a parcel of real 
     property, including any improvements thereon, consisting of 
     approximately 93 acres at Fort Knox, Kentucky, for the 
     purpose of permitting the Department to establish and operate 
     a State-run cemetery for veterans of the Armed Forces.
       (b) Reimbursement for Costs of Conveyance.--(1) The 
     Department shall reimburse the Secretary for any costs 
     incurred by the Secretary in making the conveyance authorized 
     by subsection (a), including costs related to environmental 
     documentation and other administrative costs. This paragraph 
     does not apply to costs associated with the environmental 
     remediation of the real property to be conveyed under such 
     subsection.
       (2) Any reimbursements received under paragraph (1) for 
     costs described in that paragraph shall be deposited into the 
     accounts from which the costs were paid, and amounts so 
     deposited shall be merged with amounts in such accounts and 
     available for the same purposes, and subject to the same 
     conditions and limitations, as the amounts in such accounts 
     with which merged.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the Department.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2823. LAND CONVEYANCE, MARINE CORPS LOGISTICS BASE, 
                   ALBANY, GEORGIA.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey through negotiated sale to the Preferred Development 
     Group Corporation, a corporation incorporated in the State of 
     Georgia and authorized to do business in the State of Georgia 
     (referred to in this section as the ``Corporation''), all 
     right, title, and interest of the United States in and to a 
     parcel of real property, including any improvements thereon, 
     consisting of approximately 10.44 acres located at Boyett 
     Village/Turner Field and McAdams Road in Albany, Georgia, for 
     the purpose of permitting the Corporation to use the property 
     for economic development.

[[Page 13663]]

       (b) Conditions of Conveyance.--The conveyance authorized 
     under subsection (a) shall be subject to the following 
     conditions:
       (1) That the Corporation accept the real property conveyed 
     under subsection (a) as is.
       (2) That the Corporation bear all costs related to the use 
     and redevelopment of the real property.
       (c) Consideration.--As consideration for the conveyance 
     authorized by subsection (a), the Corporation shall pay the 
     United States an amount, determined pursuant to negotiations 
     between the Secretary and the Corporation and based upon the 
     fair market value of the property (as determined pursuant to 
     an appraisal acceptable to the Secretary), that is 
     appropriate for the property.
       (d) Reimbursement for Costs of Conveyance.--The Secretary 
     may require the Corporation to reimburse the Secretary for 
     any costs incurred by the Secretary in making the conveyance 
     authorized by subsection (a).
       (e) Deposit of Amounts.--(1) The consideration received 
     under subsection (c) shall be deposited in the Department of 
     Defense Base Closure Account 1990 established by section 2906 
     of the Defense Base Closure and Realignment Act of 1990 (part 
     A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
       (2) Any reimbursements received under subsection (d) for 
     costs described in that subsection shall be deposited into 
     the accounts from which the costs were paid, and amounts so 
     deposited shall be merged with amounts in such accounts and 
     available for the same purposes, and subject to the same 
     conditions and limitations, as the amounts in such accounts 
     with which merged.
       (f) Exemption.--The conveyance authorized by subsection (a) 
     shall be exempt from the requirement in section 2696 of title 
     10, United States Code, to screen the property for further 
     Federal use.
       (g) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (h) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2824. LAND CONVEYANCE, AIR FORCE AND ARMY EXCHANGE 
                   SERVICE PROPERTY, DALLAS, TEXAS.

       (a) Conveyance Authorized.--The Secretary of Defense may 
     authorize the Army and Air Force Exchange Service to convey 
     through negotiated sale all right, title, and interest of the 
     United States in and to a parcel of real property, including 
     any improvements thereon, consisting of approximately 7.5 
     acres located at 1515 Roundtable Drive in Dallas, Texas.
       (b) Consideration.--As consideration for the conveyance 
     authorized by subsection (a), the purchaser shall pay the 
     United States a single payment equal to the fair market value 
     of the real property, as determined pursuant to an appraisal 
     acceptable to the Secretary.
       (c) Deposit of Amounts.--Section 574 of title 40, United 
     States Code, shall apply to the consideration received under 
     subsection (b), except that in the application of such 
     section, all of the proceeds shall be returned to the Army 
     and Air Force Exchange Service.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the purchaser.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2825. LAND EXCHANGE, NAVAL AND MARINE CORPS RESERVE 
                   CENTER, PORTLAND OREGON.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey to the United Parcel Service, Inc. (in this section 
     referred to as ``UPS''), any or all right, title, and 
     interest of the United States in and to a parcel of real 
     property, including improvements thereon, consisting of 
     approximately 14 acres in Portland, Oregon, and comprising 
     the Naval and Marine Corps Reserve Center for the purpose of 
     facilitating the expansion of the UPS main distribution 
     complex in Portland.
       (b) Property Received in Exchange.--(1) As consideration 
     for the conveyance under subsection (a), UPS shall --
       (A) convey to the United States a parcel of real property 
     determined to be suitable by the Secretary; and
       (B) design, construct, and convey such replacement 
     facilities on the property conveyed under subparagraph (A) as 
     the Secretary considers appropriate.
       (2) The value of the real property and replacement 
     facilities received by the Secretary under this subsection 
     shall be at least equal to the fair market value of the real 
     property conveyed under subsection (a), as determined by the 
     Secretary.
       (c) Payment of Costs of Conveyance.--(1) The Secretary may 
     require UPS to cover costs to be incurred by the Secretary, 
     or to reimburse the Secretary for costs incurred by the 
     Secretary, to carry out the conveyance under subsection (a), 
     including survey costs, costs related to environmental 
     documentation, relocation expenses incurred under subsection 
     (b), and other administrative costs related to the 
     conveyance. If amounts are collected from UPS in advance of 
     the Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to UPS.
       (2) Amounts received as reimbursement under paragraph (1) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance. Amounts so credited shall be merged with amounts 
     in such fund or account, and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (d) Condition of Conveyance.--The Secretary may not make 
     the conveyance authorized by subsection (a) until the 
     Secretary determines that the replacement facilities required 
     by subsection (b) are suitable and available for the 
     relocation of the operations of the Naval and Marine Corps 
     Reserve Center.
       (e) Exemption From Federal Screening.--The conveyance 
     authorized by subsection (a) is exempt from the requirement 
     to screen the property for other Federal use pursuant to 
     sections 2693 and 2696 of title 10, United States Code.
       (f) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under this section 
     shall be determined by surveys satisfactory to the Secretary.
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2826. LAND CONVEYANCE, FORT RITCHIE, MARYLAND.

       (a) Conveyance Authorized.--The Secretary of the Army shall 
     convey, without consideration, to the PenMar Development 
     Corporation, a public instrumentality of the State of 
     Maryland (in this section referred to as the 
     ``Corporation''), all right, title, and interest of the 
     United States in and to a parcel of real property, including 
     improvements thereon, at former Fort Ritchie, Cascade, 
     Maryland, consisting of approximately 33 acres, that is 
     currently being leased by the International Masonry Institute 
     (in this section referred to as the ``Institute''), for the 
     purpose of enabling the Corporation to sell the property to 
     the Institute for the economic development of former Fort 
     Ritchie.
       (b) Exemption from Federal Screening Requirement.--The 
     conveyance authorized by subsection (a) shall be exempt from 
     the requirement to screen the property concerned for further 
     Federal use pursuant to section 2696 of title 10, United 
     States Code, under the Defense Base and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note) or under any other applicable law or regulation.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the Corporation.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2827. FEASIBILITY STUDY OF CONVEYANCE OF LOUISIANA ARMY 
                   AMMUNITION PLANT, DOYLINE, LOUISIANA.

       (a) Study Required.--(1) The Secretary of the Army shall 
     conduct a study of the feasibility, costs, and benefits for 
     the conveyance of the Louisiana Army Ammunition Plant as a 
     model for a public-private partnership for the utilization 
     and development of the Plant and similar parcels of real 
     property.
       (2) In conducting the study, the Secretary shall consider--
       (A) the feasibility and advisability of entering into 
     negotiations with the State of Louisiana or the Louisiana 
     National Guard for the conveyance of the Plant;
       (B) means by which the conveyance of the Plant could--
       (i) facilitate the execution by the Department of Defense 
     of its national security mission; and
       (ii) facilitate the continued use of the Plant by the 
     Louisiana National Guard and the execution by the Louisiana 
     National Guard of its national security mission;
       (C) evidence presented by the State of Louisiana of the 
     means by which the conveyance of the Plant could benefit 
     current and potential private sector and governmental tenants 
     of the Plant and facilitate the contribution of such tenants 
     to economic development in Northwestern Louisiana;
       (D) the amount and type of consideration that is 
     appropriate for the conveyance of the Plant;
       (E) the evidence presented by the State of Louisiana of the 
     extent to which the conveyance of the Plant to a public-
     private partnership will contribute to economic growth in the 
     State of Louisiana and in Northwestern Louisiana in 
     particular;
       (F) the value of any mineral rights in the lands of the 
     Plant; and
       (G) the advisability of sharing revenues and rents paid by 
     current and potential tenants of the Plant as a result of the 
     Armament Retooling and Manufacturing Support Program.
       (b) Louisiana Army Ammunition Plant.--In this section, the 
     term ``Louisiana Army Ammunition Plant'' means the Louisiana 
     Army Ammunition Plant in Doyline, Louisiana, consisting of 
     approximately 14,949 acres, of which

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     13,665 acres are under license to the Military Department of 
     the State of Louisiana and 1,284 acres are used by the Army 
     Joint Munitions Command.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House or 
     Representatives a report on the study conducted under 
     subsection (a). The report shall include the results of the 
     study and any other matters in light of the study that the 
     Secretary considers appropriate.

       Subtitle D--Review of Overseas Military Facility Structure

     SEC. 2841. SHORT TITLE.

       This subtitle may be cited as the ``Overseas Military 
     Facility and Range Structure Review Act of 2003''.

     SEC. 2842. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established the Commission on 
     the Review of the Overseas Military Facility and Range 
     Structure of the United States (in this subtitle referred to 
     as the ``Commission'').
       (b) Membership.--(1) The Commission shall be composed of 9 
     members of whom--
       (A) one shall be appointed by the Secretary of Defense;
       (B) two shall be appointed by the Majority Leader of the 
     Senate, in consultation with the Chairman of the Committee on 
     Armed Services of the Senate and the Chairman of the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate;
       (C) two shall be appointed by the Minority Leader of the 
     Senate, in consultation with the Ranking Member of the 
     Committee on Armed Services of the Senate and the Ranking 
     Member of the Subcommittee on Defense of the Committee on 
     Appropriations of the Senate;
       (D) two shall be appointed by the Speaker of the House of 
     Representatives, in consultation with the Chairman of the 
     Committee on Armed Services of the House of Representatives 
     and the Chairman of the Subcommittee on Defense of the 
     Committee on Appropriations of the House of Representatives; 
     and
       (E) two shall be appointed by the Minority Leader of the 
     House of Representatives, in consultation with the Ranking 
     Member of the Committee on Armed Services of the House of 
     Representatives and the Ranking Member of the Subcommittee on 
     Defense of the Committee on Appropriations of the House of 
     Representatives.
       (2) Individuals appointed to the Commission shall have 
     significant experience in the national security or foreign 
     policy of the United States.
       (3) Appointments of the members of the Commission shall be 
     made not later than 45 days after the date of the enactment 
     of this Act.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (d) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (e) Meetings.--The Commission shall meet at the call of the 
     Chairman.
       (f) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (g) Chairman and Vice Chairman.--The Commission shall 
     select a Chairman and Vice Chairman from among its members.

     SEC. 2843. DUTIES OF COMMISSION.

       (a) Study.--The Commission shall conduct a thorough study 
     of matters relating to the military facility and range 
     structure of the United States overseas.
       (b) Matters To Be Studied.--In conducting the study, the 
     Commission shall--
       (1) assess the number of military personnel of the United 
     States required to be based outside the United States;
       (2) examine the current state of the military facilities 
     and training ranges of the United States overseas for all 
     permanent stations and deployed locations, including the 
     condition of land and improvements at such facilities and 
     ranges and the availability of additional land, if required, 
     for such facilities and ranges;
       (3) identify the amounts received by the United States, 
     whether in direct payments, in-kind contributions, or 
     otherwise, from foreign countries by reason of military 
     facilities of the United States overseas;
       (4) assess whether or not the current military basing and 
     training range structure of the United States overseas is 
     adequate to meet the current and future mission of the 
     Department of Defense, including contingency, mobilization, 
     and future force requirements;
       (5) assess the feasibility and advisability of the closure 
     or realignment of military facilities of the United States 
     overseas, or the establishment of new military facilities of 
     the United States overseas, to meet the requirements of the 
     Department of Defense to provide for the national security of 
     the United States; and
       (6) consider or assess any other issue relating to military 
     facilities and ranges of the United States overseas that the 
     Commission considers appropriate.
       (c) Report.--(1) Not later than August 30, 2004, the 
     Commission shall submit to the President and Congress a 
     report which shall contain a detailed statement of the 
     findings and conclusions of the Commission, together with its 
     recommendations for such legislation and administrative 
     actions as it considers appropriate.
       (2) In addition to the matters specified in paragraph (1), 
     the report shall also include a proposal by the Commission 
     for an overseas basing strategy for the Department of Defense 
     in order to meet the current and future mission of the 
     Department.

     SEC. 2844. POWERS OF COMMISSION.

       (a) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this subtitle.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out this subtitle. Upon request of the Chairman of the 
     Commission, the head of such department or agency shall 
     furnish such information to the Commission.
       (c) Administrative Support Services.--Upon request of the 
     Commission, the Administrator of General Services shall 
     provide to the Commission, on a reimbursable basis, the 
     administrative support necessary for the Commission to carry 
     out its duties under this subtitle.
       (d) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (e) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 2845. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission under this subtitle. All members of the 
     Commission who are officers or employees of the United States 
     shall serve without compensation in addition to that received 
     for their services as officers or employees of the United 
     States.
       (b) Travel.--(1) Members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from their homes or regular places of business in 
     the performance of services for the Commission under this 
     subtitle.
       (2) Members and staff of the Commission may receive 
     transportation on aircraft of the Military Airlift Command to 
     and from the United States, and overseas, for purposes of the 
     performance of the duties of the Commission to the extent 
     that such transportation will not interfere with the 
     requirements of military operations.
       (c) Staff.--(1) The Chairman of the Commission may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an executive director and such other additional 
     personnel as may be necessary to enable the Commission to 
     perform its duties under this subtitle. The employment of an 
     executive director shall be subject to confirmation by the 
     Commission.
       (2) The Commission may employ a staff to assist the 
     Commission in carrying out its duties. The total number of 
     the staff of the Commission, including an executive director 
     under paragraph (1), may not exceed 12.
       (3) The Chairman of the Commission may fix the compensation 
     of the executive director and other personnel without regard 
     to chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for the executive director and other personnel may not exceed 
     the rate payable for level V of the Executive Schedule under 
     section 5316 of such title.
       (d) Detail of Government Employees.--Any employee of the 
     Department of Defense, the Department of State, or the 
     General Accounting Office may be detailed to the Commission 
     without reimbursement, and such detail shall be without 
     interruption or loss of civil service status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chairman of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

     SEC. 2846. SECURITY.

       (a) Security Clearances.--Members and staff of the 
     Commission, and any experts and consultants to the 
     Commission, shall possess security clearances appropriate for 
     their duties with the Commission under this subtitle.
       (b) In General.--The Secretary of Defense shall assume 
     responsibility for the handling and disposition of any 
     information relating to the national security of the United 
     States that is received, considered, or used by the 
     Commission under this subtitle.

     SEC. 2847. TERMINATION OF COMMISSION.

       The Commission shall terminate 45 days after the date on 
     which the Commission submits its report under section 
     2843(c).

     SEC. 2848. FUNDING.

       (a) In General.--Of the amount authorized to be 
     appropriated by section 301(5) for the Department of Defense 
     for operation and maintenance, Defense-wide, $3,000,000 shall 
     be available to the Commission to carry out this subtitle.

[[Page 13665]]

       (b) Availability.--The amount authorized to be appropriated 
     by subsection (a) shall remain available, without fiscal year 
     limitation, until September 30, 2005.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

     SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Department of Energy for 
     fiscal year 2004 for the activities of the National Nuclear 
     Security Administration in carrying out programs necessary 
     for national security in the amount of $8,933,847,000, to be 
     allocated as follows:
       (1) For weapons activities, $6,457,272,000.
       (2) For defense nuclear nonproliferation activities, 
     $1,340,195,000.
       (3) For naval reactors, $788,400,000.
       (4) For the Office of the Administrator for Nuclear 
     Security, $347,980,000.
       (b) Authorization of New Plant Projects.--From funds 
     referred to in subsection (a) that are available for carrying 
     out plant projects, the Secretary of Energy may carry out new 
     plant projects for weapons activities, as follows:
       (1) Project 04-D-101, test capabilities revitalization, 
     phase I, Sandia National Laboratories, Albuquerque, New 
     Mexico, $36,450,000.
       (2) Project 04-D-102, exterior communications 
     infrastructure modernization, Sandia National Laboratories, 
     Albuquerque, New Mexico, $20,000,000.
       (3) Project 04-D-103, project engineering and design, 
     various locations, $2,000,000.
       (4) Project 04-D-125, chemistry and metallurgy research 
     (CMR) facility replacement, Los Alamos National Laboratory, 
     Los Alamos, New Mexico, $20,500,000.
       (5) Project 04-D-126, building 12-44 production cells 
     upgrade, Pantex Plant, Amarillo, Texas, $8,780,000.
       (6) Project 04-D-127, cleaning and loading modifications 
     (CALM), Savannah River Site, Aiken, South Carolina, 
     $2,750,000.
       (7) Project 04-D-128, TA-18 mission relocation project, Los 
     Alamos National Laboratory, Los Alamos, New Mexico, 
     $8,820,000.
       (8) Project 04-D-203, project engineering and design, 
     facilities and infrastructure recapitalization program, 
     various locations, $3,719,000.
       (9) Project 03-D-102, sm.43 replacement administration 
     building, Los Alamos National Laboratory, Los Alamos, New 
     Mexico, $50,000,000.

     SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Department of Energy for 
     fiscal year 2004 for environmental management activities in 
     carrying out programs necessary for national security in the 
     amount of $6,809,814,000, to be allocated as follows:
       (1) For defense site acceleration completion, 
     $5,814,635,000.
       (2) For defense environmental services in carrying out 
     environmental restoration and waste management activities 
     necessary for national security programs, $995,179,000.
       (b) Authorization of New Plant Projects.--From funds 
     referred to in subsection (a) that are available for carrying 
     out plant projects, the Secretary of Energy may carry out new 
     plant projects for defense site acceleration completion 
     activities, as follows:
       (1) Project 04-D-408, glass waste storage building #2, 
     Savannah River Site, Aiken, South Carolina, $20,259,000.
       (2) Project 04-D-414, project engineering and design, 
     various locations, $23,500,000.
       (3) Project 04-D-423, 3013 container surveillance 
     capability in 235-F, Savannah River Site, Aiken, South 
     Carolina, $1,134,000.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2004 for other defense 
     activities in carrying out programs necessary for national 
     security in the amount of $465,059,000.

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2004 for defense nuclear 
     waste disposal for payment to the Nuclear Waste Fund 
     established in section 302(c) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10222(c)) in the amount of $360,000,000.

     SEC. 3105. DEFENSE ENERGY SUPPLY.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2004 for defense energy 
     supply in carrying out programs necessary for national 
     security in the amount of $110,473,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

     SEC. 3131. REPEAL OF PROHIBITION ON RESEARCH AND DEVELOPMENT 
                   OF LOW-YIELD NUCLEAR WEAPONS.

       (a) Repeal.--Section 3136 of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     107 Stat. 1946; 42 U.S.C. 2121 note) is repealed.
       (b) Construction.--Nothing in the repeal made by subsection 
     (a) shall be construed as authorizing the testing, 
     acquisition, or deployment of a low-yield nuclear weapon.
       (c) Limitation.--The Secretary of Energy may not commence 
     the engineering development phase, or any subsequent phase, 
     of a low-yield nuclear weapon unless specifically authorized 
     by Congress.
       (d) Report.--(1) Not later than March 1, 2004, the 
     Secretary of State, the Secretary of Defense and the 
     Secretary of Energy shall jointly submit to Congress a report 
     assessing whether or not the repeal of section 3136 of the 
     National Defense Authorization Act for Fiscal Year 1994 will 
     affect the ability of the United States to achieve its 
     nonproliferation objectives and whether or not any changes in 
     programs and activities would be required to achieve those 
     objectives.
       (2) The report shall be submitted in unclassified form, but 
     may include a classified annex if necessary.

     SEC. 3132. READINESS POSTURE FOR RESUMPTION BY THE UNITED 
                   STATES OF UNDERGROUND NUCLEAR WEAPONS TESTS.

       (a) 18-Month Readiness Posture Required.--Commencing not 
     later than October 1, 2006, the Secretary of Energy shall 
     achieve, and thereafter maintain, a readiness posture of 18 
     months for resumption by the United States of underground 
     nuclear tests, subject to subsection (b).
       (b) Alternative Readiness Posture.--If as a result of the 
     review conducted by the Secretary for purposes of the report 
     required by section 3142(c) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2733) the Secretary, in consultation with the 
     Administrator for Nuclear Security, determines that the 
     optimal, advisable, and preferred readiness posture for 
     resumption by the United States of underground nuclear tests 
     is a number of months other than 18 months, the Secretary 
     may, and is encouraged to, achieve and thereafter maintain 
     under subsection (a) such optimal, advisable, and preferred 
     readiness posture instead of the readiness posture of 18 
     months.
       (c) Report on Determination.--(1) The Secretary shall 
     submit to the congressional defense committees a report on a 
     determination described in subsection (b) if the 
     determination leads to the achievement by the Secretary of a 
     readiness posture of other than 18 months under that 
     subsection.
       (2) The report under paragraph (1) shall set forth--
       (A) the determination described in that paragraph, 
     including the reasons for the determination; and
       (B) the number of months of the readiness posture to be 
     achieved and maintained under subsection (b) as a result of 
     the determination.
       (3) The requirement for a report, if any, under paragraph 
     (1) is in addition to the requirement for a report under 
     section 3142(c) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, and the requirement 
     in that paragraph shall not be construed as terminating, 
     modifying, or otherwise affecting the requirement for a 
     report under such section.
       (d) Readiness Posture.--For purposes of this section, a 
     readiness posture of a specified number of months for 
     resumption by the United States of underground nuclear 
     weapons tests is achieved when the Department of Energy has 
     the capability to resume such tests, if directed by the 
     President to resume such tests, not later than the specified 
     number of months after the date on which the President so 
     directs.

     SEC. 3133. TECHNICAL BASE AND FACILITIES MAINTENANCE AND 
                   RECAPITALIZATION ACTIVITIES.

       (a) Deadline for Inclusion of Projects in Facilities and 
     Infrastructure Recapitalization Program.--(1) The 
     Administrator for Nuclear Security shall complete the 
     selection of projects for inclusion in the Facilities and 
     Infrastructure Recapitalization Program (FIRP) of the 
     National Nuclear Security Administration not later than 
     September 30, 2004.
       (2) No project may be included in the Facilities and 
     Infrastructure Recapitalization Program after September 30, 
     2004, unless such project has been selected for inclusion in 
     that program as of that date.
       (b) Termination of Facilities and Infrastructure 
     Recapitalization Program.--The Administrator shall terminate 
     the Facilities and Infrastructure Recapitalization Program 
     not later than September 30, 2011.
       (c) Readiness in Technical Base and Facilities Program.--
     (1) Not later than September 30, 2004, the Administrator 
     shall submit to the congressional defense committees a report 
     setting forth guidelines on the conduct of the Readiness in 
     Technical Base and Facilities (RTBF) program of the National 
     Nuclear Security Administration.
       (2) The guidelines on the Readiness in Technical Base and 
     Facilities program shall include the following:
       (A) Criteria for the inclusion of projects in the program, 
     and for establishing priorities among projects included in 
     the program.
       (B) Mechanisms for the management of facilities under the 
     program, including maintenance as provided pursuant to 
     subparagraph (C).
       (C) A description of the scope of maintenance activities 
     under the program, including recurring maintenance, 
     construction of facilities, recapitalization of facilities, 
     and decontamination and decommissioning of facilities.
       (3) The guidelines on the Readiness in Technical Base and 
     Facilities program shall ensure that the maintenance 
     activities provided for under paragraph (2)(C) are carried 
     out in a timely and efficient manner designed to avoid 
     maintenance backlogs.
       (d) Operations of Facilities Program.--(1) The 
     Administration shall provide for the administration of the 
     Operations of Facilities Program

[[Page 13666]]

     of the National Nuclear Security Administration as a program 
     independent of the Readiness in Technical Base and Facilities 
     Program and of any other programs that the Operations of 
     Facilities Program is intended to support.
       (2) The Operations of Facilities Program shall be managed 
     by the Associate Administrator of the National Nuclear 
     Security Administration for Facilities and Operations, or by 
     such other official within the National Nuclear Security 
     Administration as the Administrator shall designate for that 
     purpose.

     SEC. 3134. CONTINUATION OF PROCESSING, TREATMENT, AND 
                   DISPOSITION OF LEGACY NUCLEAR MATERIALS.

       (a) Continuation of H-Canyon Facility.--Subsection (a) of 
     section 3137 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-460) is amended by 
     striking ``F-canyon and H-canyon facilities'' and inserting 
     ``H-canyon facility''.
       (b) Modification of Limitation on Use of Funds for 
     Decommissioning F-Canyon Facility.--Subsection (b) of such 
     section is amended--
       (1) by striking ``and the Defense Nuclear Facilities Safety 
     Board'' and all that follows through ``House of 
     Representatives'' and inserting ``submits to the Committee on 
     Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives, and the Defense 
     Nuclear Facilities Safety Board,''; and
       (2) by striking ``the following:'' and all that follows and 
     inserting ``a report setting forth--
       ``(1) an assessment whether or not all materials present in 
     the F-canyon facility as of the date of the report that 
     required stabilization have been safely stabilized as of that 
     date;
       ``(2) an assessment whether or not the requirements 
     applicable to the F-canyon facility to meet the future needs 
     of the United States for fissile materials disposition can be 
     met through full use of the H-canyon facility at the Savannah 
     River Site; and
       ``(3) if it appears that one or more of the requirements 
     described in paragraph (2) cannot be met through full use of 
     the H-canyon facility--
       ``(A) an identification by the Secretary of each such 
     requirement that cannot be met through full use of the H-
     canyon facility; and
       ``(B) for each requirement so identified, the reasons why 
     such requirement cannot be met through full use of the H-
     canyon facility and a description of the alternative 
     capability for fissile materials disposition that is needed 
     to meet such requirement.''.
       (c) Repeal of Superseded Plan Requirement.--Subsection (c) 
     of such section is repealed.

     SEC. 3135. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF CONGRESS 
                   FOR COMMENCEMENT OF ENGINEERING DEVELOPMENT 
                   PHASE OR SUBSEQUENT PHASE OF ROBUST NUCLEAR 
                   EARTH PENETRATOR.

       The Secretary of Energy may not commence the engineering 
     development phase (phase 6.3) of the nuclear weapons 
     development process, or any subsequent phase, of a Robust 
     Nuclear Earth Penetrator weapon unless specifically 
     authorized by Congress.

                   Subtitle C--Proliferation Matters

     SEC. 3141. EXPANSION OF INTERNATIONAL MATERIALS PROTECTION, 
                   CONTROL, AND ACCOUNTING PROGRAM.

       (a) Expansion of Program to Additional Countries.--The 
     Secretary of Energy may expand the International Materials, 
     Protection, Control, and Accounting Program to carry out 
     nuclear nonproliferation threat reduction activities and 
     projects outside the states of the former Soviet Union.
       (b) Notice to Congress of Use of Funds.--Not later than 15 
     days before the Secretary obligates funds for the 
     International Materials Protection, Control, and Accounting 
     Program for a project or activity in or with respect to a 
     country outside the former Soviet Union pursuant to the 
     authority in subsection (a), the Secretary shall submit to 
     the congressional defense committees a notice on the 
     obligation of such funds for the project or activity that 
     shall specify--
       (1) the project or activity, and forms of assistance, for 
     which the Secretary proposes to obligate such funds;
       (2) the amount of the proposed obligation; and
       (3) the projected involvement (if any) of any United States 
     department or agency (other than the Department of Energy), 
     or the private sector, in the project, activity, or 
     assistance for which the Secretary proposes to obligate such 
     funds.

     SEC. 3142. SEMI-ANNUAL FINANCIAL REPORTS ON DEFENSE NUCLEAR 
                   NONPROLIFERATION PROGRAM.

       (a) Semiannual Reports Required.--Not later than April 30 
     and October 30 each year, the Administrator for Nuclear 
     Security shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     financial status during the half fiscal year ending at the 
     end of the preceding month of all Department of Energy 
     defense nuclear nonproliferation programs for which funds 
     were authorized to be appropriated for the fiscal year in 
     which such half fiscal year falls.
       (b) Contents.--Each report on a half fiscal year under 
     subsection (a) shall set forth for each Department of Energy 
     defense nuclear nonproliferation program for which funds were 
     authorized to be appropriated for the fiscal year in which 
     such half fiscal year falls--
       (1) the aggregate amount appropriated for such fiscal year 
     for such program; and
       (2) of the aggregate amount appropriated for such fiscal 
     year for such program--
       (A) the amounts obligated for such program as of the end of 
     the half fiscal year;
       (B) the amounts committed for such program as of the end of 
     the half fiscal year;
       (C) the amounts disbursed for such program as of the end of 
     the half fiscal year; and
       (D) the amounts that remain available for obligation for 
     such program as of the end of the half fiscal year.
       (c) Applicability.--This section shall apply with respect 
     to fiscal years after fiscal year 2003.

     SEC. 3143. REPORT ON REDUCTION OF EXCESSIVE UNCOSTED BALANCES 
                   FOR DEFENSE NUCLEAR NONPROLIFERATION 
                   ACTIVITIES.

       (a) Contingent Requirement for Report.--If as of September 
     30, 2004, the aggregate amount obligated but not expended for 
     defense nuclear nonproliferation activities from amounts 
     authorized to be appropriated for such activities in fiscal 
     year 2004 exceeds an amount equal to 20 percent of the 
     aggregate amount so obligated for such activities, the 
     Administrator for Nuclear Security shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report containing an aggressive plan to 
     provide for the timely expenditure of amounts so obligated 
     but not expended.
       (b) Submittal Date.--If required to be submitted under 
     subsection (a), the submittal date for the report under that 
     subsection shall be November 30, 2004.

                       Subtitle D--Other Matters

     SEC. 3151. MODIFICATION OF AUTHORITIES ON DEPARTMENT OF 
                   ENERGY PERSONNEL SECURITY INVESTIGATIONS.

       (a) In General.--Subsection e. of section 145 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2165) is amended by striking 
     paragraph (2) and inserting the following new paragraph (2):
       ``(2) In the case of any program designated by the 
     Secretary of Energy as sensitive, the Secretary may require 
     that any investigation required by subsections a., b., and c. 
     of an individual employed in the program be made by the 
     Federal Bureau of Investigation.''.
       (b) Conforming Amendment.--Subsection f. of such section is 
     amended by striking ``a majority of the members of the 
     Commission shall certify those specific positions'' and 
     inserting ``the Secretary of Energy may certify specific 
     positions (in addition to positions in programs designated as 
     sensitive under subsection e.)''.

     SEC. 3152. RESPONSIBILITIES OF ENVIRONMENTAL MANAGEMENT 
                   PROGRAM AND NATIONAL NUCLEAR SECURITY 
                   ADMINISTRATION OF DEPARTMENT OF ENERGY FOR 
                   ENVIRONMENTAL CLEANUP, DECONTAMINATION AND 
                   DECOMMISSIONING, AND WASTE MANAGEMENT.

       (a) Delineation of Responsibilities.--The Secretary of 
     Energy shall include in the budget justification materials 
     submitted to Congress in support of the Department of Energy 
     budget for fiscal year 2005 (as submitted with the budget of 
     the President under section 1105(a) of title 31, United 
     States Code) a report setting forth a delineation of 
     responsibilities between and among the Environmental 
     Management (EM) program and the National Nuclear Security 
     Administration (NNSA) of the Department of Energy for 
     activities on each of the following:
       (1) Environmental cleanup.
       (2) Decontamination and decommissioning (D&D).
       (3) Waste management.
       (b) Plan for Implementation of Delineated 
     Responsibilities.--(1) The Secretary shall include in the 
     budget justification materials submitted to Congress in 
     support of the Department of Energy budget for fiscal year 
     2006 (as so submitted) a report setting forth a plan to 
     implement among the Environmental Management program and the 
     National Nuclear Security Administration the responsibilities 
     for activities referred to in subsection (a) as delineated 
     under that subsection.
       (2) The report under paragraph (1) shall include such 
     recommendations for legislative action as the Secretary 
     considers appropriate in order to--
       (A) clarify in law the responsibilities delineated under 
     subsection (a); and
       (B) facilitate the implementation of the plan set forth in 
     the report.
       (c) Consultation.--The Secretary shall carry out this 
     section in consultation with the Administrator for Nuclear 
     Security and the Under Secretary of Energy for Energy, 
     Science, and Environment.

     SEC. 3153. UPDATE OF REPORT ON STOCKPILE STEWARDSHIP 
                   CRITERIA.

       (a) Update of Report.--Not later than March 1, 2005, the 
     Secretary of Energy shall submit to the committees referred 
     to in subsection (c) of section 4202 of the Atomic Energy 
     Defense Act a report updating the report submitted under 
     subsection (a) of such section.
       (b) Elements.--The report under subsection (a) of this 
     section shall--
       (1) update any information or criteria described in the 
     report submitted under such section 4202;
       (2) describe any additional information identified, or 
     criteria established, on matters covered by such section 4202 
     during the period beginning on the date of the submittal of 
     the report under such section 4202 and ending on the date of 
     the submittal of the report under subsection (a) of this 
     section; and
       (3) for each science-based tool developed by the Department 
     of Energy during such period--
       (A) a description of the relationship of such science-based 
     tool to the collection of information needed to determine 
     that the nuclear weapons stockpile is safe and reliable; and

[[Page 13667]]

       (B) a description of the criteria for judging whether or 
     not such science-based tool provides for the collection of 
     such information.

     SEC. 3154. PROGRESS REPORTS ON ENERGY EMPLOYEES OCCUPATIONAL 
                   ILLNESS COMPENSATION PROGRAM.

       (a) Report on Access to Information for Performance of 
     Radiation Dose Reconstructions.--(1) Not later than 90 days 
     after the date of the enactment of this Act, the National 
     Institute for Occupational Safety and Health shall submit to 
     Congress a report on the ability of the Institute to obtain, 
     in a timely, accurate, and complete manner, information 
     necessary for the purpose of carrying out radiation dose 
     reconstructions under the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et 
     seq.), including information requested from any element of 
     the Department of Energy.
       (2) The report shall include the following:
       (A) An identification of each matter adversely affecting 
     the ability of the Institute to obtain information described 
     in paragraph (1) in a timely, accurate, and complete manner.
       (B) For each facility with respect to which the Institute 
     is carrying out one or more dose reconstructions described in 
     paragraph (1)--
       (i) a specification of the total number of claims requiring 
     dose reconstruction;
       (ii) a specification of the number of claims for which dose 
     reconstruction has been adversely affected by any matter 
     identified under paragraph (1); and
       (iii) a specification of the number of claims requiring 
     dose reconstruction for which, because of any matter 
     identified under paragraph (1), dose reconstruction has not 
     been completed within 150 days after the date on which the 
     Secretary of Labor submitted the claim to the Secretary of 
     Health and Human Services.
       (b) Report on Denial of Claims.--(1) Not later than 90 days 
     after the date of the enactment of this Act, the Secretary of 
     Labor shall submit to Congress a report on the denial of 
     claims under the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 as of the date of such 
     report.
       (2) The report shall include for each facility with respect 
     to which the Secretary has received one or more claims under 
     that Act the following:
       (A) The number of claims received with respect to such 
     facility that have been denied, including the percentage of 
     total number of claims received with respect to such facility 
     that have been denied.
       (B) The reasons for the denial of such claims, including 
     the number of claims denied for each such reason.

     SEC. 3155. STUDY ON THE APPLICATION OF TECHNOLOGY FROM THE 
                   ROBUST NUCLEAR EARTH PENETRATOR PROGRAM TO 
                   CONVENTIONAL HARD AND DEEPLY BURIED TARGET 
                   WEAPONS DEVELOPMENT PROGRAMS.

       (a) Findings.--Much of the work that will be carried out by 
     the Secretary of Energy in the feasibility study for the 
     Robust Nuclear Earth Penetrator will have applicability to a 
     nuclear or a conventional earth penetrator, but the 
     Department of Energy does not have responsibility for 
     development of conventional earth penetrator or other 
     conventional programs for hard and deeply buried targets.
       (b) Plan.--The Secretary of Energy and the Secretary of 
     Defense shall develop, submit to Congress three months after 
     the date of enactment of this Act, and implement, a plan to 
     coordinate the Robust Nuclear Earth Penetrator feasibility 
     study at the Department of Energy with the ongoing 
     conventional hard and deeply buried weapons development 
     programs at the Department of Defense. This plan shall ensure 
     that over the course of the feasibility study for the Robust 
     Nuclear Earth Penetrator the ongoing results of the work of 
     the Department of Energy, with application to the Department 
     of Defense programs, is shared with and integrated into the 
     Department of Defense programs.

Subtitle E--Consolidation of General Provisions on Department of Energy 
                       National Security Programs

     SEC. 3161. CONSOLIDATION AND ASSEMBLY OF RECURRING AND 
                   GENERAL PROVISIONS ON DEPARTMENT OF ENERGY 
                   NATIONAL SECURITY PROGRAMS.

       (a) Purpose.--
       (1) In general.--The purpose of this section is to assemble 
     together, without substantive amendment but with technical 
     and conforming amendments of a non-substantive nature, 
     recurring and general provisions of law on Department of 
     Energy national security programs that remain in force in 
     order to consolidate and organize such provisions of law into 
     a single Act intended to comprise general provisions of law 
     on such programs.
       (2) Construction of transfers.--The transfer of a provision 
     of law by this section shall not be construed as amending, 
     altering, or otherwise modifying the substantive effect of 
     such provision.
       (3) Treatment of satisfied requirements.--Any requirement 
     in a provision of law transferred under this section that has 
     been fully satisfied in accordance with the terms of such 
     provision of law as of the date of transfer under this 
     section shall be treated as so fully satisfied, and shall not 
     be treated as being revived solely by reason of transfer 
     under this section.
       (4) Classification.--The provisions of the Atomic Energy 
     Defense Act, as amended by this section, shall be classified 
     to the United States Code as a new chapter of title 50, 
     United States Code.
       (b) Division Heading.--The Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314) 
     is amended by adding at the end the following new division 
     heading:

           ``DIVISION D--ATOMIC ENERGY DEFENSE PROVISIONS''.

       (c) Short Title; Definition.--
       (1) Short title.--Section 3601 of the Atomic Energy Defense 
     Act (title XXXVI of Public Law 107-314; 116 Stat. 2756) is--
       (A) transferred to the end of the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003;
       (B) redesignated as section 4001;
       (C) inserted after the heading for division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as added by subsection (b); and
       (D) amended by striking ``title'' and inserting 
     ``division''.
       (2) Definition.--Division D of the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003, as amended by 
     this section, is further amended by adding at the end the 
     following new section:

     ``SEC. 4002. DEFINITION.

       ``In this division, the term `congressional defense 
     committees' means--
       ``(1) the Committee on Armed Services and the Committee on 
     Appropriations of the Senate; and
       ``(2) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.''.
       (d) Organizational Matters.--
       (1) Title heading.--Division D of the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003, as amended by 
     this section, is further amended by adding at the end the 
     following:

                 ``TITLE XLI--ORGANIZATIONAL MATTERS''.

       (2) Naval nuclear propulsion program.--Section 1634 of the 
     Department of Defense Authorization Act, 1985 (Public Law 98-
     525; 98 Stat. 2649) is--
       (A) transferred to title XLI of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     added by paragraph (1);
       (B) inserted after the title heading for such title, as so 
     added; and
       (C) amended--
       (i) by striking the section heading and inserting the 
     following new section heading:

     ``SEC. 4101. NAVAL NUCLEAR PROPULSION PROGRAM.'';

     and
       (ii) by striking ``Sec. 1634.''.
       (3) Management structure for facilities and laboratories.--
     Section 3140 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2833) is--
       (A) transferred to title XLI of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4102;
       (C) inserted after section 4101, as added by paragraph (2); 
     and
       (D) amended in subsection (d)(2), by striking ``120 days 
     after the date of the enactment of this Act,'' and inserting 
     ``January 21, 1997,''.
       (4) Restriction on licensing requirements for certain 
     activities and facilities.--Section 210 of the Department of 
     Energy National Security and Military Applications of Nuclear 
     Energy Authorization Act of 1981 (Public Law 96-540; 94 Stat. 
     3202) is--
       (A) transferred to title XLI of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) inserted after section 4102, as added by paragraph (3); 
     and
       (C) amended--
       (i) by striking the section heading and inserting the 
     following new section heading:

     ``SEC. 4103. RESTRICTION ON LICENSING REQUIREMENT FOR CERTAIN 
                   DEFENSE ACTIVITIES AND FACILITIES.'';

       (ii) by striking ``Sec. 210.''; and
       (iii) by striking ``this or any other Act'' and inserting 
     ``the Department of Energy National Security and Military 
     Applications of Nuclear Energy Authorization Act of 1981 
     (Public Law 96-540) or any other Act''.
       (e) Nuclear Weapons Stockpile Matters.--
       (1) Headings.--Division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     section, is further amended by adding at the end the 
     following new headings:

            ``TITLE XLII--NUCLEAR WEAPONS STOCKPILE MATTERS

     ``Subtitle A--Stockpile Stewardship and Weapons Production''.

       (2) Stockpile stewardship program.--Section 3138 of the 
     National Defense Authorization Act for Fiscal Year 1994 
     (Public Law 103-160; 107 Stat. 1946), as amended by section 
     3152(e) of the National Defense Authorization Act for Fiscal 
     Year 1998 (Public Law 105-85; 111 Stat. 2042), is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as added by paragraph (1);
       (B) redesignated as section 4201; and
       (C) inserted after the heading for subtitle A of such 
     title, as so added.
       (3) Stockpile stewardship criteria.--Section 3158 of the 
     Strom Thurmond National Defense Authorization Act for Fiscal 
     Year 1999 (Public Law 105-261; 112 Stat. 2257), as amended, 
     is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization

[[Page 13668]]

     Act for Fiscal Year 2003, as amended by this subsection;
       (B) redesignated as section 4202; and
       (C) inserted after section 4201, as added by paragraph (2).
       (4) Plan for stewardship, management, and certification of 
     warheads in stockpile.--Section 3151 of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 
     111 Stat. 2041) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4203; and
       (C) inserted after section 4202, as added by paragraph (3).
       (5) Stockpile life extension program.--Section 3133 of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 926) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4204;
       (C) inserted after section 4203, as added by paragraph (4); 
     and
       (D) amended in subsection (c)(1) by striking ``the date of 
     the enactment of this Act'' and inserting ``October 5, 
     1999''.
       (6) Annual assessments and reports on condition of 
     stockpile.--Section 3141 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2730) is--
       (A) transferred to title XLII of division D of such Act, as 
     amended by this subsection;
       (B) redesignated as section 4205;
       (C) inserted after section 4204, as added by paragraph (5); 
     and
       (D) amended in subsection (d)(3)(B) by striking ``section 
     3137 of the National Defense Authorization Act for Fiscal 
     Year 1996 (42 U.S.C. 2121 note)'' and inserting ``section 
     4213''.
       (7) Form of certain certifications regarding stockpile.--
     Section 3194 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-481) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4206; and
       (C) inserted after section 4205, as added by paragraph (6).
       (8) Nuclear test ban readiness program.--Section 1436 of 
     the National Defense Authorization Act, Fiscal Year 1989 
     (Public Law 100-456; 102 Stat. 2075) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4207;
       (C) inserted after section 4206, as added by paragraph (7); 
     and
       (D) amended in the section heading by adding a period at 
     the end.
       (9) Study on nuclear test readiness postures.--Section 3152 
     of the National Defense Authorization Act for Fiscal Year 
     1996 (Public Law 104-106; 110 Stat. 623), as amended by 
     section 3192 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-480), is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4208; and
       (C) inserted after section 4207, as added by paragraph (8).
       (10) Requirements for requests for new or modified nuclear 
     weapons.--Section 3143 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2733) is--
       (A) transferred to title XLII of division D of such Act, as 
     amended by this subsection;
       (B) redesignated as section 4209; and
       (C) inserted after section 4208, as added by paragraph (9).
       (11) Limitation on underground nuclear weapons tests.--
     Subsection (f) of section 507 of the Energy and Water 
     Development Appropriations Act, 1993 (Public Law 102-337; 106 
     Stat. 1345) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after section 4209, as added by paragraph 
     (10); and
       (C) amended--
       (i) by inserting before the text the following new section 
     heading:

     ``SEC. 4210. LIMITATION ON UNDERGROUND NUCLEAR WEAPONS 
                   TESTS.'';

     and
       (ii) by striking ``(f)''.
       (12) Prohibition on research and development of low-yield 
     nuclear weapons.--Section 3136 of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     107 Stat. 1946) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4211;
       (C) inserted after section 4210, as added by paragraph 
     (11); and
       (D) amended in subsection (b) by striking ``the date of the 
     enactment of this Act,'' and inserting ``November 30, 
     1993,''.
       (13) Testing of nuclear weapons.--Section 3137 of the 
     National Defense Authorization Act for Fiscal Year 1994 
     (Public Law 103-160; 107 Stat. 1946) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4212;
       (C) inserted after section 4211, as added by paragraph 
     (12); and
       (D) amended--
       (i) in subsection (a), by inserting ``of the National 
     Defense Authorization Act for Fiscal Year 1994 (Public Law 
     103-160)'' after ``section 3101(a)(2)''; and
       (ii) in subsection (b), by striking ``this Act'' and 
     inserting ``the National Defense Authorization Act for Fiscal 
     Year 1994''.
       (14) Manufacturing infrastructure for stockpile.--Section 
     3137 of the National Defense Authorization Act for Fiscal 
     Year 1996 (Public Law 104-106; 110 Stat. 620), as amended by 
     section 3132 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2829), is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4213;
       (C) inserted after section 4212, as added by paragraph 
     (13); and
       (D) amended in subsection (d) by inserting ``of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106)'' after ``section 3101(b)''.
       (15) Reports on critical difficulties at laboratories and 
     plants.--Section 3159 of the National Defense Authorization 
     Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
     2842), as amended by section 1305 of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 
     111 Stat. 1954) and section 3163 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 944), is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4214; and
       (C) inserted after section 4213, as added by paragraph 
     (14).
       (16) Subtitle heading on tritium.--Title XLII of division D 
     of the Bob Stump National Defense Authorization Act for 
     Fiscal Year 2003, as amended by this subsection, is further 
     amended by adding at the end the following new subtitle 
     heading:

                        ``Subtitle B--Tritium''.

       (17) Tritium production program.--Section 3133 of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat. 618) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4231;
       (C) inserted after the heading for subtitle B of such title 
     XLII, as added by paragraph (16); and
       (D) amended--
       (i) by striking ``the date of the enactment of this Act'' 
     each place it appears and inserting ``February 10, 1996''; 
     and
       (ii) in subsection (b), by inserting ``of the National 
     Defense Authorization Act for Fiscal Year 1996 (Public Law 
     104-106)'' after ``section 3101''.
       (18) Tritium recycling.--Section 3136 of the National 
     Defense Authorization Act for Fiscal Year 1996 (Public Law 
     104-106; 110 Stat. 620) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4232; and
       (C) inserted after section 4231, as added by paragraph 
     (17).
       (19) Tritium Production.--Subsections (c) and (d) of 
     section 3133 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2830) are--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after section 4232, as added by paragraph 
     (18); and
       (C) amended--
       (i) by inserting before the text the following new section 
     heading:

     ``SEC. 4233. TRITIUM PRODUCTION.'';

       (ii) by redesignating such subsections as subsections (a) 
     and (b), respectively; and
       (iii) in subsection (a), as so redesignated, by inserting 
     ``of Energy'' after ``The Secretary''.
       (20) Modernization and consolidation of tritium recycling 
     facilities.--Section 3134 of the National Defense 
     Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
     110 Stat. 2830) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4234;
       (C) inserted after section 4233, as added by paragraph 
     (19); and
       (D) amended in subsection (b) by inserting ``of the 
     National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201)'' after ``section 3101''.

[[Page 13669]]

       (21) Procedures for meeting tritium production 
     requirements.--Section 3134 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 927) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4235; and
       (C) inserted after section 4234, as added by paragraph 
     (20).
       (f) Proliferation Matters.--
       (1) Title heading.--Division D of the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003, as amended by 
     this section, is further amended by adding at the end the 
     following new title heading:

                ``TITLE XLIII--PROLIFERATION MATTERS''.

       (2) International cooperative stockpile stewardship.--
     Section 3133 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2036), as 
     amended by sections 1069 and 3131 of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 
     (Public Law 105-261; 112 Stat. 2136, 2246), is--
       (A) transferred to title XLIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as added by paragraph (1);
       (B) redesignated as section 4301;
       (C) inserted after the heading for such title, as so added; 
     and
       (D) amended in subsection (b)(3) by striking ``of this 
     Act'' and inserting ``of the National Defense Authorization 
     Act for Fiscal Year 1998 (Public Law 105-85)''.
       (3) Nonproliferation initiatives and activities.--Section 
     3136 of the National Defense Authorization Act for Fiscal 
     Year 2000 (Public Law 106-65; 113 Stat. 927) is--
       (A) transferred to title XLIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4302;
       (C) inserted after section 4301, as added by paragraph (2); 
     and
       (D) amended in subsection (b)(1) by striking ``this title'' 
     and inserting ``title XXXI of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65)''.
       (4) Annual report on materials protection, control, and 
     accounting program.--Section 3171 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1645A-475) 
     is--
       (A) transferred to title XLIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4303;
       (C) inserted after section 4302, as added by paragraph (3); 
     and
       (D) amended in subsection (c)(1) by striking ``this Act'' 
     and inserting ``the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398)''.
       (5) Nuclear cities initiative.--Section 3172 of the Floyd 
     D. Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398; 114 Stat. 
     1645A-476) is--
       (A) transferred to title XLIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4304; and
       (C) inserted after section 4303, as added by paragraph (4).
       (6) Programs on fissile materials.--Section 3131 of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat. 617), as amended by section 
     3152 of the Bob Stump National Defense Authorization Act for 
     Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2738), is--
       (A) transferred to title XLIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4305; and
       (C) inserted after section 4304, as added by paragraph (5).
       (7) Disposition of weapons usable plutonium.--Section 3182 
     of the Bob Stump National Defense Authorization Act for 
     Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2747) is--
       (A) transferred to title XLIII of division D of such Act, 
     as amended by this subsection;
       (B) redesignated as section 4306; and
       (C) inserted after section 4305, as added by paragraph (7).
       (8) Disposition of surplus defense plutonium.--Section 3155 
     of the National Defense Authorization Act for Fiscal Year 
     2002 (Public Law 107-107; 115 Stat. 1378) is--
       (A) transferred to title XLIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4307; and
       (C) inserted after section 4306, as added by paragraph (7).
       (g) Environmental Restoration and Waste Management 
     Matters.--
       (1) Headings.--Division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     section, is further amended by adding at the end the 
     following new headings:

  ``TITLE XLIV--ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT MATTERS

    ``Subtitle A--Environmental Restoration and Waste Management''.

       (2) Defense environmental restoration and waste management 
     account.--Section 3134 of the National Defense Authorization 
     Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 
     Stat. 1575) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as added by paragraph (1);
       (B) redesignated as section 4401; and
       (C) inserted after the heading for subtitle A of such 
     title, as so added.
       (3) Future use plans for environmental management 
     program.--Section 3153 of the National Defense Authorization 
     Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2839) 
     is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4402;
       (C) inserted after section 4401, as added by paragraph (2); 
     and
       (D) amended--
       (i) in subsection (d), by striking ``the date of the 
     enactment of this Act'' and inserting ``September 23, 
     1996,''; and
       (ii) in subsection (h)(1), by striking ``the date of the 
     enactment of this Act'' and inserting ``September 23, 1996''.
       (4) Integrated fissile materials management plan.--Section 
     3172 of the National Defense Authorization Act for Fiscal 
     Year 2000 (Public Law 106-65; 113 Stat. 948) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4403; and
       (C) inserted after section 4402, as added by paragraph (3).
       (5) Baseline environmental management reports.--Section 
     3153 of the National Defense Authorization Act for Fiscal 
     Year 1994 (Public Law 103-160; 107 Stat. 1950), as amended by 
     section 3160 of the National Defense Authorization Act for 
     Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3094), 
     section 3152 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2839), and 
     section 3160 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2048), is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4404; and
       (C) inserted after section 4403, as added by paragraph (4).
       (6) Accelerated schedule for environmental restoration and 
     waste management.--Section 3156 of the National Defense 
     Authorization Act for Fiscal Year 1996 (Public Law 104-106; 
     110 Stat. 625) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4405;
       (C) inserted after section 4404, as added by paragraph (5); 
     and
       (D) amended in subsection (b)(2) by inserting before the 
     period the following: ``, the predecessor provision to 
     section 4404 of this Act''.
       (7) Defense waste cleanup technology program.--Section 3141 
     of the National Defense Authorization Act for Fiscal Years 
     1990 and 1991 (Public Law 101-189; 103 Stat. 1679) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4406;
       (C) inserted after section 4405, as added by paragraph (6); 
     and
       (D) amended in the section heading by adding a period at 
     the end.
       (8) Report on environmental restoration expenditures.--
     Section 3134 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1833) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4407;
       (C) inserted after section 4406, as added by paragraph (7); 
     and
       (D) amended in the section heading by adding a period at 
     the end.
       (9) Public participation in planning for environmental 
     restoration and waste management.--Subsection (e) of section 
     3160 of the National Defense Authorization Act for Fiscal 
     Year 1995 (Public Law 103-337; 108 Stat. 3095) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after section 4407, as added by paragraph (8); 
     and
       (C) amended--
       (i) by inserting before the text the following new section 
     heading:

     ``SEC. 4408. PUBLIC PARTICIPATION IN PLANNING FOR 
                   ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT 
                   AT DEFENSE NUCLEAR FACILITIES.'';

     and
       (ii) by striking ``(e) Public Participation in Planning.--
     ''.

[[Page 13670]]

       (10) Subtitle heading on closure of facilities.--Title XLIV 
     of division D of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003, as amended by this subsection, is 
     further amended by adding at the end the following new 
     subtitle heading:

                 ``Subtitle B--Closure of Facilities''.

       (11) Projects to accelerate closure activities at defense 
     nuclear facilities.--Section 3143 of the National Defense 
     Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
     110 Stat. 2836) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4421;
       (C) inserted after the heading for subtitle B of such 
     title, as added by paragraph (10); and
       (D) amended in subsection (i), by striking ``the expiration 
     of the 15-year period beginning on the date of the enactment 
     of this Act'' and inserting ``September 23, 2011''.
       (12) Reports in connection with permanent closure of 
     defense nuclear facilities.--Section 3156 of the National 
     Defense Authorization Act for Fiscal Years 1990 and 1991 
     (Public Law 101-189; 103 Stat. 1683) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4422;
       (C) inserted after section 4421, as added by paragraph 
     (11); and
       (D) amended in the section heading by adding a period at 
     the end.
       (13) Subtitle heading on privatization.--Title XLIV of 
     division D of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003, as amended by this subsection, is 
     further amended by adding at the end the following new 
     subtitle heading:

                     ``Subtitle C--Privatization''.

       (14) Defense environmental management privatization 
     projects.--Section 3132 of the National Defense Authorization 
     Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2034) 
     is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4431;
       (C) inserted after the heading for subtitle C of such 
     title, as added by paragraph (13); and
       (D) amended--
       (i) in subsections (a), (c)(1)(B)(i), and (d), by inserting 
     ``of the National Defense Authorization Act for Fiscal Year 
     1998 (Public Law 105-85)'' after ``section 3102(i)''; and
       (ii) in subsections (c)(1)(B)(ii) and (f), by striking 
     ``the date of enactment of this Act'' and inserting 
     ``November 18, 1997''.
       (h) Safeguards and Security Matters.--
       (1) Headings.--Division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     section, is further amended by adding at the end the 
     following new headings:

              ``TITLE XLV--SAFEGUARDS AND SECURITY MATTERS

                ``Subtitle A--Safeguards and Security''.

       (2) Prohibition on international inspections of facilities 
     without protection of restricted data.--Section 3154 of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat. 624) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     added by paragraph (1);
       (B) redesignated as section 4501;
       (C) inserted after the heading for subtitle A of such 
     title, as so added; and
       (D) amended--
       (i) by striking ``(1) The'' and inserting ``The''; and
       (ii) by striking ``(2) For purposes of paragraph (1),'' and 
     inserting ``(c) Restricted Data Defined.--In this section,''.
       (3) Restrictions on access to laboratories by foreign 
     visitors from sensitive countries.--Section 3146 of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 935) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4502;
       (C) inserted after section 4501, as added by paragraph (2); 
     and
       (D) amended--
       (i) in subsection (b)(2)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``30 days after the date of the enactment of this Act'' and 
     inserting ``on November 4, 1999,''; and
       (II) in subparagraph (A), by striking ``The date that is 90 
     days after the date of the enactment of this Act'' and 
     inserting ``January 3, 2000'';

       (ii) in subsection (d)(1), by striking ``the date of the 
     enactment of this Act,'' and inserting ``October 5, 1999,''; 
     and
       (iii) in subsection (g), by adding at the end the following 
     new paragraphs:
       ``(3) The term `national laboratory' means any of the 
     following:
       ``(A) Lawrence Livermore National Laboratory, Livermore, 
     California.
       ``(B) Los Alamos National Laboratory, Los Alamos, New 
     Mexico.
       ``(C) Sandia National Laboratories, Albuquerque, New Mexico 
     and Livermore, California.
       ``(4) The term `Restricted Data' has the meaning given that 
     term in section 11 y. of the Atomic Energy Act of 1954 (42 
     U.S.C. 2014(y)).''.
       (4) Background investigations on certain personnel.--
     Section 3143 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 934) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4503;
       (C) inserted after section 4502, as added by paragraph (3); 
     and
       (D) amended--
       (i) in subsection (b), by striking ``the date of the 
     enactment of this Act'' and inserting ``October 5, 1999,''; 
     and
       (ii) by adding at the end the following new subsection:
       ``(c) Definitions.--In this section, the terms `national 
     laboratory' and `Restricted Data' have the meanings given 
     such terms in section 4502(g)).''.
       (5) Counterintelligence polygraph program.--
       (A) Department of energy counterintelligence polygraph 
     program.--Section 3152 of the National Defense Authorization 
     Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1376) 
     is--
       (i) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (ii) redesignated as section 4504;
       (iii) inserted after section 4503, as added by paragraph 
     (4); and
       (iv) amended in subsection (c) by striking ``section 3154 
     of the Department of Energy Facilities Safeguards, Security, 
     and Counterintelligence Enhancement Act of 1999 (subtitle D 
     of title XXXI of Public Law 106-65; 42 U.S.C. 7383h)'' and 
     inserting ``section 4504A''.
       (B) Counterintelligence polygraph program.--Section 3154 of 
     the National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 941), as amended by section 
     3135 of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted into law by Public Law 
     106-398; 114 Stat. 1654A-456), is--
       (i) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (ii) redesignated as section 4504A;
       (iii) inserted after section 4504, as added by subparagraph 
     (A); and
       (iv) amended in subsection (h) by striking ``180 days after 
     the date of the enactment of this Act,'' and inserting 
     ``April 5, 2000,''.
       (6) Notice of security and counterintelligence failures.--
     Section 3150 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 939) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4505; and
       (C) inserted after section 4504A, as added by paragraph 
     (5)(B).
       (7) Annual report on security functions at nuclear weapons 
     facilities.--Section 3162 of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 
     111 Stat. 2049) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4506;
       (C) inserted after section 4505, as added by paragraph (6); 
     and
       (D) amended in subsection (b) by inserting ``of the 
     National Defense Authorization Act for Fiscal Year 1998 
     (Public Law 105-85; 111 Stat. 2048; 42 U.S.C. 7251 note)'' 
     after ``section 3161''.
       (8) Report on counterintelligence and security practices at 
     laboratories.--Section 3152 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 940) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4507;
       (C) inserted after section 4506, as added by paragraph (7); 
     and
       (D) amended by adding at the end the following new 
     subsection:
       ``(c) National Laboratory Defined.--In this section, the 
     term `national laboratory' has the meaning given that term in 
     section 4502(g)(3).''.
       (9) Report on security vulnerabilities of national 
     laboratory computers.--Section 3153 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 940) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4508;
       (C) inserted after section 4507, as added by paragraph (8); 
     and
       (D) amended by adding at the end the following new 
     subsection:
       ``(f) National Laboratory Defined.--In this section, the 
     term `national laboratory' has the meaning given that term in 
     section 4502(g)(3).''.
       (10) Subtitle heading on classified information.--Title XLV 
     of division D of the Bob

[[Page 13671]]

     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection, is further amended by 
     adding at the end the following new subtitle heading:

                ``Subtitle B--Classified Information''.

       (11) Review of certain documents before declassification 
     and release.--Section 3155 of the National Defense 
     Authorization Act for Fiscal Year 1996 (Public Law 104-106; 
     110 Stat. 625) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4521; and
       (C) inserted after the heading for subtitle B of such 
     title, as added by paragraph (10).
       (12) Protection against inadvertent release of restricted 
     data and formerly restricted data.--Section 3161 of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (Public Law 105-261; 112 Stat. 2259), as amended by 
     section 1067(3) of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 774) and 
     section 3193 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-480), is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4522;
       (C) inserted after section 4521, as added by paragraph 
     (11); and
       (D) amended--
       (i) in subsection (c)(1), by striking ``the date of the 
     enactment of this Act'' and inserting ``October 17, 1998,'';
       (ii) in subsection (f)(1), by striking ``the date of the 
     enactment of this Act'' and inserting ``October 17, 1998''; 
     and
       (iii) in subsection (f)(2), by striking ``The Secretary'' 
     and inserting ``Commencing with inadvertent releases 
     discovered on or after October 30, 2000, the Secretary''.
       (13) Supplement to plan for declassification of restricted 
     data and formerly restricted data.--Section 3149 of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 938) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4523;
       (C) inserted after section 4522, as added by paragraph 
     (12); and
       (D) amended--
       (i) in subsection (a), by striking ``subsection (a) of 
     section 3161 of the Strom Thurmond National Defense Act for 
     Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2260; 50 
     U.S.C. 435 note)'' and inserting ``subsection (a) of section 
     4522'';
       (ii) in subsection (b)--

       (I) by striking ``section 3161(b)(1) of that Act'' and 
     inserting ``subsection (b)(1) of section 4522''; and
       (II) by striking ``the date of the enactment of that Act'' 
     and inserting ``October 17, 1998,'';

       (iii) in subsection (c)--

       (I) by striking ``section 3161(c) of that Act'' and 
     inserting ``subsection (c) of section 4522''; and
       (II) by striking ``section 3161(a) of that Act'' and 
     inserting ``subsection (a) of such section''; and

       (iv) in subsection (d), by striking ``section 3161(d) of 
     that Act'' and inserting ``subsection (d) of section 4522''.
       (14) Protection of classified information during 
     laboratory-to-laboratory exchanges.--Section 3145 of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 935) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4524; and
       (C) inserted after section 4523, as added by paragraph 
     (13).
       (15) Identification in budgets of amount for 
     declassification activities.--Section 3173 of the National 
     Defense Authorization Act for Fiscal Year 2000 (Public Law 
     106-65; 113 Stat. 949) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4525;
       (C) inserted after section 4524, as added by paragraph 
     (14); and
       (D) amended in subsection (b) by striking ``the date of the 
     enactment of this Act'' and inserting ``October 5, 1999,''.
       (16) Subtitle heading on emergency response.--Title XLV of 
     division D of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003, as amended by this subsection, is 
     further amended by adding at the end the following new 
     subtitle heading:

                  ``Subtitle C--Emergency Response''.

       (17) Responsibility for defense programs emergency response 
     program.--Section 3158 of the National Defense Authorization 
     Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 626) 
     is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4541; and
       (C) inserted after the heading for subtitle C of such 
     title, as added by paragraph (16).
       (i) Personnel Matters.--
       (1) Headings.--Division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     section, is further amended by adding at the end the 
     following new headings:

                    ``TITLE XLVI--PERSONNEL MATTERS

                 ``Subtitle A--Personnel Management''.

       (2) Authority for appointment of certain scientific, 
     engineering, and technical personnel.--Section 3161 of the 
     National Defense Authorization Act for Fiscal Year 1995 
     (Public Law 103-337; 108 Stat. 3095), as amended by section 
     3139 of the National Defense Authorization Act for Fiscal 
     Year 1998 (Public Law 105-85; 111 Stat. 2040), sections 3152 
     and 3155 of the Strom Thurmond National Defense Authorization 
     Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2253, 
     2257), and section 3191 of the Floyd D. Spence National 
     Defense Authorization Act for Fiscal Year 2001 (as enacted 
     into law by Public Law 106-398; 114 Stat. 1654A-480), is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as added by paragraph (1);
       (B) redesignated as section 4601; and
       (C) inserted after the heading for subtitle A of such 
     title, as so added.
       (3) Whistleblower protection program.--Section 3164 of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 946) is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4602;
       (C) inserted after section 4601, as added by paragraph (2); 
     and
       (D) amended in subsection (n) by striking ``60 days after 
     the date of the enactment of this Act,'' and inserting 
     ``December 5, 1999,''.
       (4) Employee incentives for workers at closure project 
     facilities.--Section 3136 of the Floyd D. Spence National 
     Defense Authorization Act for Fiscal Year 2001 (as enacted 
     into law by Public Law 106-398; 114 Stat. 1654A-458) is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4603;
       (C) inserted after section 4602, as added by paragraph (3); 
     and
       (D) amended--
       (i) in subsections (c) and (i)(1)(A), by striking ``section 
     3143 of the National Defense Authorization Act for Fiscal 
     Year 1997 (42 U.S.C. 7274n)'' and inserting ``section 4421''; 
     and
       (ii) in subsection (g), by striking ``section 3143(h) of 
     the National Defense Authorization Act for Fiscal Year 1997'' 
     and inserting ``section 4421(h)''.
       (5) Defense nuclear facility workforce restructuring 
     plan.--Section 3161 of the National Defense Authorization Act 
     for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644), as 
     amended by section 1070(c)(2) of the National Defense 
     Authorization Act for Fiscal Year 1995 (Public Law 103-337; 
     108 Stat. 2857), Public Law 105-277 (112 Stat. 2681-419, 
     2681-430), and section 1048(h)(1) of the National Defense 
     Authorization Act for Fiscal Year 2002 (Public Law 107-107; 
     115 Stat. 1229), is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4604;
       (C) inserted after section 4603, as added by paragraph (4); 
     and
       (D) amended--
       (i) in subsection (a), by striking ``(hereinafter in this 
     subtitle referred to as the `Secretary')''; and
       (ii) by adding at the end the following new subsection:
       ``(g) Department of Energy Defense Nuclear Facility 
     Defined.--In this section, the term `Department of Energy 
     defense nuclear facility' means--
       ``(1) a production facility or utilization facility (as 
     those terms are defined in section 11 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2014)) that is under the control or 
     jurisdiction of the Secretary and that is operated for 
     national security purposes (including the tritium loading 
     facility at Savannah River, South Carolina, the 236 H 
     facility at Savannah River, South Carolina; and the Mound 
     Laboratory, Ohio), but the term does not include any facility 
     that does not conduct atomic energy defense activities and 
     does not include any facility or activity covered by 
     Executive Order Number 12344, dated February 1, 1982, 
     pertaining to the naval nuclear propulsion program;
       ``(2) a nuclear waste storage or disposal facility that is 
     under the control or jurisdiction of the Secretary;
       ``(3) a testing and assembly facility that is under the 
     control or jurisdiction of the Secretary and that is operated 
     for national security purposes (including the Nevada Test 
     Site, Nevada; the Pinnellas Plant, Florida; and the Pantex 
     facility, Texas);
       ``(4) an atomic weapons research facility that is under the 
     control or jurisdiction of the Secretary (including Lawrence 
     Livermore, Los Alamos, and Sandia National Laboratories); or
       ``(5) any facility described in paragraphs (1) through (4) 
     that--
       ``(A) is no longer in operation;

[[Page 13672]]

       ``(B) was under the control or jurisdiction of the 
     Department of Defense, the Atomic Energy Commission, or the 
     Energy Research and Development Administration; and
       ``(C) was operated for national security purposes.''.
       (6) Authority to provide certificate of commendation to 
     employees.--Section 3195 of the Floyd D. Spence National 
     Defense Authorization Act for Fiscal Year 2001 (as enacted 
     into law by Public Law 106-398; 114 Stat. 1654A-481) is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4605; and
       (C) inserted after section 4604, as added by paragraph (5).
       (7) Subtitle heading on training and education.--Title XLVI 
     of division D of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003, as amended by this subsection, is 
     further amended by adding at the end the following new 
     subtitle heading:

                ``Subtitle B--Education and Training''.

       (8) Executive management training.--Section 3142 of the 
     National Defense Authorization Act for Fiscal Years 1990 and 
     1991 (Public Law 101-189; 103 Stat. 1680) is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4621;
       (C) inserted after the heading for subtitle B of such 
     title, as added by paragraph (7); and
       (D) amended in the section heading by adding a period at 
     the end.
       (9) Stockpile stewardship recruitment and training 
     program.--Section 3131 of the National Defense Authorization 
     Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3085) 
     is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4622;
       (C) inserted after section 4621, as added by paragraph (8); 
     and
       (D) amended--
       (i) in subsection (a)(1), by striking ``section 3138 of the 
     National Defense Authorization Act for Fiscal Year 1994 
     (Public Law 103-160; 107 Stat. 1946; 42 U.S.C. 2121 note)'' 
     and inserting ``section 4201''; and
       (ii) in subsection (b)(2), by inserting ``of the National 
     Defense Authorization Act for Fiscal Year 1995 (Public Law 
     103-337)'' after ``section 3101(a)(1)''.
       (10) Fellowship program for development of skills critical 
     to nuclear weapons complex.--Section 3140 of the National 
     Defense Authorization Act for Fiscal Year 1996 (Public Law 
     104-106; 110 Stat 621), as amended by section 3162 of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 943), is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4623; and
       (C) inserted after section 4622, as added by paragraph (9).
       (11) Subtitle heading on worker safety.--Title XLVI of 
     division D of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003, as amended by this subsection, is 
     further amended by adding at the end the following new 
     subtitle heading:

                     ``Subtitle C--Worker Safety''.

       (12) Worker protection at nuclear weapons facilities.--
     Section 3131 of the National Defense Authorization Act for 
     Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 
     1571) is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4641;
       (C) inserted after the heading for subtitle C of such 
     title, as added by paragraph (11); and
       (D) amended in subsection (e) by inserting ``of the 
     National Defense Authorization Act for Fiscal Years 1992 and 
     1993 (Public Law 102-190)'' after ``section 3101(9)(A)''.
       (13) Safety oversight and enforcement at defense nuclear 
     facilities.--Section 3163 of the National Defense 
     Authorization Act for Fiscal Year 1995 (Public Law 103-337; 
     108 Stat. 3097) is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4642;
       (C) inserted after section 4641, as added by paragraph 
     (12); and
       (D) amended in subsection (b) by striking ``90 days after 
     the date of the enactment of this Act,'' and inserting 
     ``January 5, 1995,''.
       (14) Program to monitor workers at defense nuclear 
     facilities exposed to hazardous and radioactive substances.--
     Section 3162 of the National Defense Authorization Act for 
     Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2646) is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4643;
       (C) inserted after section 4642, as added by paragraph 
     (13); and
       (D) amended--
       (i) in subsection (b)(6), by striking ``1 year after the 
     date of the enactment of this Act'' and inserting ``October 
     23, 1993'';
       (ii) in subsection (c), by striking ``180 days after the 
     date of the enactment of this Act,'' and inserting ``April 
     23, 1993,''; and
       (iii) by adding at the end the following new subsection:
       ``(c) Definitions.--In this section:
       ``(1) The term `Department of Energy defense nuclear 
     facility' has the meaning given that term in section 4604(g).
       ``(2) The term `Department of Energy employee' means any 
     employee of the Department of Energy employed at a Department 
     of Energy defense nuclear facility, including any employee of 
     a contractor of subcontractor of the Department of Energy 
     employed at such a facility.''.
       (j) Budget and Financial Management Matters.--
       (1) Headings.--Division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     section, is further amended by adding at the end the 
     following new headings:

         ``TITLE XLVII--BUDGET AND FINANCIAL MANAGEMENT MATTERS

 ``Subtitle A--Recurring National Security Authorization Provisions''.

       (2) Recurring national security authorization provisions.--
     Sections 3620 through 3631 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2756) are--
       (A) transferred to title XLVII of division D of such Act, 
     as added by paragraph (1);
       (B) redesignated as sections 4701 through 4712, 
     respectively;
       (C) inserted after the heading for subtitle A of such 
     title, as so added; and
       (D) amended--
       (i) in section 4702, as so redesignated, by striking 
     ``sections 3629 and 3630'' and inserting ``sections 4710 and 
     4711'';
       (ii) in section 4706(a)(3)(B), as so redesignated, by 
     striking ``section 3626'' and inserting ``section 4707'';
       (iii) in section 4707(c), as so redesignated, by striking 
     ``section 3625(b)(2)'' and inserting ``section 4706(b)(2)'';
       (iv) in section 4710(c), as so redesignated, by striking 
     ``section 3621'' and inserting ``section 4702'';
       (v) in section 4711(c), as so redesignated, by striking 
     ``section 3621'' and inserting ``section 4702''; and
       (vi) in section 4712, as so redesignated, by striking 
     ``section 3621'' and inserting ``section 4702''.
       (3) Subtitle heading on penalties.--Title XLVII of division 
     D of the Bob Stump National Defense Authorization Act for 
     Fiscal Year 2003, as amended by this subsection, is further 
     amended by adding at the end the following new subtitle 
     heading:

                       ``Subtitle B--Penalties''.

       (4) Restriction on use of funds to pay penalties under 
     environmental laws.--Section 3132 of the National Defense 
     Authorization Act for Fiscal Year 1987 (Public Law 99-661; 
     100 Stat. 4063) is--
       (A) transferred to title XLVII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4721;
       (C) inserted after the heading for subtitle B of such 
     title, as added by paragraph (3); and
       (D) amended in the section heading by adding a period at 
     the end.
       (5) Restriction on use of funds to pay penalties under 
     clean air act.--Section 211 of the Department of Energy 
     National Security and Military Applications of Nuclear Energy 
     Authorization Act of 1981 (Public Law 96-540; 94 Stat. 3203) 
     is--
       (A) transferred to title XLVII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after section 4721, as added by paragraph (4); 
     and
       (C) amended--
       (i) by striking the section heading and inserting the 
     following new section heading:

     ``SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PENALTIES 
                   UNDER CLEAN AIR ACT.'';

       (ii) by striking Sec. 211.''; and
       (iii) by striking ``this or any other Act'' and inserting 
     ``the Department of Energy National Security and Military 
     Applications of Nuclear Energy Authorization Act of 1981 
     (Public Law 96-540) or any other Act''.
       (6) Subtitle heading on other matters.--Title XLVII of 
     division D of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003, as amended by this subsection, is 
     further amended by adding at the end the following new 
     subtitle heading:

                     ``Subtitle C--Other Matters''.

       (7) Single request for authorization of appropriations for 
     common defense and security programs.--Section 208 of the 
     Department of Energy National Security and Military 
     Applications of Nuclear Energy Authorization Act of 1979 
     (Public Law 95-509; 92 Stat. 1779) is--
       (A) transferred to title XLVII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after the heading for subtitle C of such 
     title, as added by paragraph (6); and

[[Page 13673]]

       (C) amended--
       (i) by striking the section heading and inserting the 
     following new section heading:

     ``SEC. 4731. SINGLE REQUEST FOR AUTHORIZATION OF 
                   APPROPRIATIONS FOR COMMON DEFENSE AND SECURITY 
                   PROGRAMS.'';

     and
       (ii) by striking ``Sec. 208.''.
       (k) Administrative Matters.--
       (1) Headings.--Division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     section, is further amended by adding at the end the 
     following new headings:

                 ``TITLE XLVIII--ADMINISTRATIVE MATTERS

                       ``Subtitle A--Contracts''.

       (2) Costs not allowed under certain contracts.--Section 
     1534 of the Department of Defense Authorization Act, 1986 
     (Public Law 99-145; 99 Stat. 774), as amended by section 3131 
     of the National Defense Authorization Act for Fiscal Years 
     1988 and 1989 (Public Law 100-180; 101 Stat. 1238), is--
       (A) transferred to title XLVIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as added by paragraph (1);
       (B) redesignated as section 4801;
       (C) inserted after the heading for subtitle A of such 
     title, as so added; and
       (D) amended--
       (i) in the section heading, by adding a period at the end; 
     and
       (ii) in subsection (b)(1), by striking ``the date of the 
     enactment of this Act,'' and inserting ``November 8, 1985,''.
       (3) Prohibition on bonuses to contractors operating defense 
     nuclear facilities.--Section 3151 of the National Defense 
     Authorization Act for Fiscal Years 1990 and 1991 (Public Law 
     101-189; 103 Stat. 1682) is--
       (A) transferred to title XLVIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4802;
       (C) inserted after section 4801, as added by paragraph (2); 
     and
       (D) amended--
       (i) in the section heading, by adding a period at the end;
       (ii) in subsection (a), by striking ``the date of the 
     enactment of this Act'' and inserting ``November 29, 1989'';
       (iii) in subsection (b), by striking ``6 months after the 
     date of the enactment of this Act,'' and inserting ``May 29, 
     1990,''; and
       (iv) in subsection (d), by striking ``90 days after the 
     date of the enactment of this Act'' and inserting ``March 1, 
     1990''.
       (4) Contractor liability for injury or loss of property 
     arising from atomic weapons testing programs.--Section 3141 
     of the National Defense Authorization Act for Fiscal Year 
     1991 (Public Law 101-510; 104 Stat. 1837) is--
       (A) transferred to title XLVIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4803;
       (C) inserted after section 4802, as added by paragraph (3); 
     and
       (D) amended--
       (i) in the section heading, by adding a period at the end; 
     and
       (ii) in subsection (d), by striking ``the date of the 
     enactment of this Act'' each place it appears and inserting 
     ``November 5, 1990,''.
       (5) Subtitle heading on research and development.--Title 
     XLVIII of division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     subsection, is further amended by adding at the end the 
     following new subtitle heading:

               ``Subtitle B--Research and Development''.

       (6) Laboratory-directed research and development.--Section 
     3132 of the National Defense Authorization Act for Fiscal 
     Year 1991 (Public Law 101-510; 104 Stat. 1832) is--
       (A) transferred to title XLVIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4811;
       (C) inserted after the heading for subtitle B of such 
     title, as added by paragraph (5); and
       (D) amended in the section heading by adding a period at 
     the end.
       (7) Limitations on use of funds for laboratory directed 
     research and development.--
       (A) Limitations on use of funds for laboratory directed 
     research and development.--Section 3137 of the National 
     Defense Authorization Act for Fiscal Year 1998 (Public Law 
     105-85; 111 Stat. 2038) is--
       (i) transferred to title XLVIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (ii) redesignated as section 4812;
       (iii) inserted after section 4811, as added by paragraph 
     (6); and
       (iv) amended--

       (I) in subsection (b), by striking ``section 3136(b) of the 
     National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201; 110 Stat. 2831; 42 U.S.C. 7257b)'' and 
     inserting ``section 4812A(b)'';
       (II) in subsection (d)--

       (aa) by striking ``section 3136(b)(1)'' and inserting 
     ``section 4812A(b)(1)''; and
       (bb) by striking ``section 3132(c) of the National Defense 
     Authorization Act for Fiscal Year 1991 (42 U.S.C. 7257a(c))'' 
     and inserting ``section 4811(c)''; and

       (III) in subsection (e), by striking ``section 3132(d) of 
     the National Defense Authorization Act for Fiscal Year 1991 
     (42 U.S.C. 7257a(d))'' and inserting ``section 4811(d)''.

       (B) Limitation on use of funds for certain research and 
     development purposes.--Section 3136 of the National Defense 
     Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
     110 Stat. 2830), as amended by section 3137 of the National 
     Defense Authorization Act for Fiscal Year 1998 (Public Law 
     105-85; 111 Stat. 2038), is--
       (i) transferred to title XLVIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (ii) redesignated as section 4812A;
       (iii) inserted after section 4812, as added by paragraph 
     (7); and
       (iv) amended in subsection (a) by inserting ``of the 
     National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201)'' after ``section 3101''.
       (8) Critical technology partnerships.--Section 3136 of the 
     National Defense Authorization Act for Fiscal Years 1992 and 
     1993 (Public Law 102-190; 105 Stat. 1577), as amended by 
     section 203(b)(3) of Public Law 103-35 (107 Stat. 102), is--
       (A) transferred to title XLVIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4813; and
       (C) inserted after section 4812A, as added by paragraph 
     (7)(B).
       (9) University-based research collaboration program.--
     Section 3155 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2044) is--
       (A) transferred to title XLVIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4814;
       (C) inserted after section 4813, as added by paragraph (8); 
     and
       (D) amended in subsection (c) by striking ``this title'' 
     and inserting ``title XXXI of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85)''.
       (10) Subtitle heading on facilities management.--Title 
     XLVIII of division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     subsection, is further amended by adding at the end the 
     following new subtitle heading:

                 ``Subtitle C--Facilities Management''.

       (11) Transfers of real property at certain facilities.--
     Section 3158 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2046) is--
       (A) transferred to title XLVIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4831; and
       (C) inserted after the heading for subtitle C of such 
     title, as added by paragraph (10).
       (12) Engineering and manufacturing research, development, 
     and demonstration at certain nuclear weapons production 
     plants.--Section 3156 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-467) is--
       (A) transferred to title XLVIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4832; and
       (C) inserted after section 4831, as added by paragraph 
     (11).
       (13) Pilot program on use of proceeds of disposal or 
     utilization of certain assets.--Section 3138 of the National 
     Defense Authorization Act for Fiscal Year 1998 (Public Law 
     105-85; 111 Stat. 2039) is--
       (A) transferred to title XLVIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4833;
       (C) inserted after section 4832, as added by paragraph 
     (12); and
       (D) amended in subsection (d) by striking ``sections 202 
     and 203(j) of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 483 and 484(j))'' and 
     inserting ``subchapter II of chapter 5 and section 549 of 
     title 40, United States Code,''.
       (14) Subtitle heading on other matters.--Title XLVIII of 
     division D of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003, as amended by this subsection, is 
     further amended by adding at the end the following new 
     subtitle heading:

                     ``Subtitle D--Other Matters''.

       (15) Semiannual reports on local impact assistance.--
     Subsection (f) of section 3153 of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 
     111 Stat. 2044) is--
       (A) transferred to title XLVIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after the heading for subtitle D of such 
     title, as added by paragraph (14); and
       (C) amended--
       (i) by inserting before the text the following new section 
     heading:

     ``SEC. 4851. SEMIANNUAL REPORTS ON LOCAL IMPACT 
                   ASSISTANCE.'';

       (ii) by striking ``(f) Semiannual Reports on Local Impact 
     Assistance.--''; and

[[Page 13674]]

       (iii) by striking ``section 3161(c)(6) of the National 
     Defense Authorization Act of Fiscal Year 1993 (42 U.S.C. 
     7274h(c)(6))'' and inserting ``section 4604(c)(6)''.
       (l) Matters Relating to Particular Facilities.--
       (1) Headings.--Division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     section, is further amended by adding at the end the 
     following new headings:

        ``TITLE XLIX--MATTERS RELATING TO PARTICULAR FACILITIES

            ``Subtitle A--Hanford Reservation, Washington''.

       (2) Safety measures for waste tanks.--Section 3137 of the 
     National Defense Authorization Act for Fiscal Year 1991 
     (Public Law 101-510; 104 Stat. 1833) is--
       (A) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as added by paragraph (1);
       (B) redesignated as section 4901;
       (C) inserted after the heading for subtitle A of such 
     title, as so added; and
       (D) amended--
       (i) in the section heading, by adding a period at the end;
       (ii) in subsection (a), by striking ``Within 90 days after 
     the date of the enactment of this Act,'' and inserting ``Not 
     later than February 3, 1991,'';
       (iii) in subsection (b), by striking ``Within 120 days 
     after the date of the enactment of this Act,'' and inserting 
     ``Not later than March 5, 1991,'';
       (iv) in subsection (c), by striking ``Beginning 120 days 
     after the date of the enactment of this Act,'' and inserting 
     ``Beginning March 5, 1991,''; and
       (v) in subsection (d), by striking ``Within six months of 
     the date of the enactment of this Act,'' and inserting ``Not 
     later than May 5, 1991,''.
       (3) Programs for persons who may have been exposed to 
     radiation released from hanford reservation.--Section 3138 of 
     the National Defense Authorization Act for Fiscal Year 1991 
     (Public Law 101-510; 104 Stat. 1834), as amended by section 
     3138 of the National Defense Authorization Act for Fiscal 
     Year 1995 (Public Law 103-337; 108 Stat. 3087), is--
       (A) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4902;
       (C) inserted after section 4901, as added by paragraph (2); 
     and
       (D) amended--
       (i) in the section heading, by adding a period at the end;
       (ii) in subsection (a), by striking ``this title'' and 
     inserting ``title XXXI of the National Defense Authorization 
     Act for Fiscal Year 1991 (Public Law 101-510)''; and
       (iii) in subsection (c)--

       (I) in paragraph (2), by striking ``six months after the 
     date of the enactment of this Act,'' and inserting ``May 5, 
     1991,''; and
       (II) in paragraph (3), by striking ``18 months after the 
     date of the enactment of this Act,'' and inserting ``May 5, 
     1992,''.

       (4) Waste tank cleanup program.--Section 3139 of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (Public Law 105-261; 112 Stat. 2250), as amended by 
     section 3141 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-463) and section 3135 
     of the National Defense Authorization Act for Fiscal Year 
     2002 (Public Law 107-107; 115 Stat. 1368), is--
       (A) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4903;
       (C) inserted after section 4902, as added by paragraph (3); 
     and
       (D) amended in subsection (d) by striking ``30 days after 
     the date of the enactment of the Floyd D. Spence National 
     Defense Authorization Act for Fiscal Year 2001,'' and 
     inserting ``November 29, 2000,''.
       (5) River protection project.--Subsection (a) of section 
     3141 of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted into law by Public Law 
     106-398; 114 Stat. 1654A-462) is--
       (A) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after section 4903, as added by paragraph (4); 
     and
       (C) amended--
       (i) by inserting before the text the following new section 
     heading:

     ``SEC. 4904. RIVER PROTECTION PROJECT.'';

     and
       (ii) by striking ``(a) Redesignation of Project.--''.
       (6) Funding for termination costs of river protection 
     project.--Section 3131 of the Floyd D. Spence National 
     Defense Authorization Act for Fiscal Year 2001 (as enacted 
     into law by Public Law 106-398; 114 Stat. 1654A-454) is--
       (A) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4905;
       (C) inserted after section 4904, as added by paragraph (5); 
     and
       (D) amended--
       (i) by striking ``section 3141'' and inserting ``section 
     4904''; and
       (ii) by striking ``the date of the enactment of this Act'' 
     and inserting ``October 30, 2000''.
       (7) Subtitle heading on savannah river site, south 
     carolina.--Title XLIX of division D of the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003, as amended by 
     this subsection, is further amended by adding at the end the 
     following new subtitle heading:

          ``Subtitle B--Savannah River Site, South Carolina''.

       (8) Accelerated schedule for isolating high-level nuclear 
     waste at defense waste processing facility.--Section 3141 of 
     the National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201; 110 Stat. 2834) is--
       (A) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4911; and
       (C) inserted after the heading for subtitle B of such 
     title, as added by paragraph (7).
       (9) Multi-year plan for clean-up.--Subsection (e) of 
     section 3142 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2834) is--
       (A) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after section 4911, as added by paragraph (8); 
     and
       (C) amended--
       (i) by inserting before the text the following new section 
     heading:

     ``SEC. 4912. MULTI-YEAR PLAN FOR CLEAN-UP.'';

     and
       (ii) by striking ``(e) Multi-Year Plan for Clean-Up at 
     Savannah River Site.--The Secretary'' and inserting ``The 
     Secretary of Energy''.
       (10) Continuation of processing, treatment, and disposal of 
     legacy nuclear materials.--
       (A) Fiscal year 2001.--Subsection (a) of section 3137 of 
     the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (as enacted into law by Public Law 106-398; 
     114 Stat 1654A-460) is--
       (i) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (ii) inserted after section 4912, as added by paragraph 
     (9); and
       (iii) amended--

       (I) by inserting before the text the following new section 
     heading:

     ``SEC. 4913. CONTINUATION OF PROCESSING, TREATMENT, AND 
                   DISPOSAL OF LEGACY NUCLEAR MATERIALS.'';

     and
       (II) by striking ``(a) Continuation.--''.

       (B) Fiscal year 2000.--Section 3132 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 924) is--
       (i) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (ii) redesignated as section 4913A; and
       (iii) inserted after section 4913, as added by subparagraph 
     (A).
       (C) Fiscal year 1999.--Section 3135 of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 
     (Public Law 105-261; 112 Stat. 2248) is--
       (i) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (ii) redesignated as section 4913B; and
       (iii) inserted after section 4913A, as added by 
     subparagraph (B).
       (D) Fiscal year 1998.--Subsection (b) of section 3136 of 
     the National Defense Authorization Act for Fiscal Year 1998 
     (Public Law 105-85; 111 Stat. 2038) is--
       (i) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (ii) inserted after section 4913B, as added by subparagraph 
     (C); and
       (iii) amended--

       (I) by inserting before the text the following new section 
     heading:

     ``SEC. 4913C. CONTINUATION OF PROCESSING, TREATMENT, AND 
                   DISPOSAL OF LEGACY NUCLEAR MATERIALS.'';

     and
       (II) by striking ``(b) Requirement for Continuing 
     Operations at Savannah River Site.--''.

       (E) Fiscal year 1997.--Subsection (f) of section 3142 of 
     the National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201; 110 Stat. 2836) is--
       (i) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (ii) inserted after section 4913C, as added by subparagraph 
     (D); and
       (iii) amended--

       (I) by inserting before the text the following new section 
     heading:

     ``SEC. 4913D. CONTINUATION OF PROCESSING, TREATMENT, AND 
                   DISPOSAL OF LEGACY NUCLEAR MATERIALS.'';

       (II) by striking ``(f) Requirement for Continuing 
     Operations at Savannah River

[[Page 13675]]

     Site.--The Secretary'' and inserting ``The Secretary of 
     Energy''; and
       (III) by striking ``subsection (e)'' and inserting 
     ``section 4912''.

       (11) Limitation on use of funds for decommissioning f-
     canyon facility.--Subsection (b) of section 3137 of the Floyd 
     D. Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398; 114 Stat. 
     1654A-460) is--
       (A) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after section 4913D, as added by paragraph 
     (10)(E); and
       (C) amended--
       (i) by inserting before the text the following new section 
     heading:

     ``SEC. 4914. LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING 
                   F-CANYON FACILITY.'';

       (ii) by striking ``(b) Limitation on Use of Funds for 
     Decommissioning F-Canyon Facility.--'';
       (iii) by striking ``this or any other Act'' and inserting 
     ``the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (as enacted into law by Public Law 106-398) 
     or any other Act''; and
       (iv) by striking ``the Secretary'' in the matter preceding 
     paragraph (1) and inserting ``the Secretary of Energy''.
       (12) Subtitle heading on other facilities.--Title XLIX of 
     division D of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003, as amended by this subsection, is 
     further amended by adding at the end the following new 
     subtitle heading:

                   ``Subtitle C--Other Facilities''.

       (13) Payment of costs of operation and maintenance of 
     infrastructure at nevada test site.--Section 3144 of the 
     National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201; 110 Stat. 2838) is--
       (A) transferred to title XLIX of division D of such Act, as 
     amended by this subsection;
       (B) redesignated as section 4921; and
       (C) inserted after the heading for subtitle C of such 
     title, as added by paragraph (12).
       (m) Conforming Amendments.--(1) Title XXXVI of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 2003 
     (Public Law 107-314; 116 Stat. 1756) is repealed.
       (2) Subtitle E of title XXXI of the National Defense 
     Authorization Act for Fiscal Year 1993 (Public Law 102-484; 
     42 U.S.C. 7274h et seq.) is repealed.
       (3) Section 8905a(d)(5)(A) of title 5, United States Code, 
     is amended by striking ``section 3143 of the National Defense 
     Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)'' 
     and inserting ``section 4421 of the Atomic Energy Defense 
     Act''.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

     SEC. 3201. AUTHORIZATION.

       There are authorized to be appropriated for fiscal year 
     2004, $19,559,000 for the operation of the Defense Nuclear 
     Facilities Safety Board under chapter 21 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2286 et seq.).

  Mr. WARNER. I thank all Senators for their participation. This last 
vote was not an easy vote. Nevertheless, it came out in the best 
interests of our national security. I thank my distinguished colleague, 
the ranking member. I thank the whips, the Senator from Nevada, the 
Senator from Kentucky, the two leaders, Senator Frist, Senator Daschle, 
and particularly the members of the Senate Armed Services Committee and 
our fine staffs for enabling this bill to be put forward and voted 
favorably.
  Mr. LEVIN. Mr. President, I thank the chairman for the extremely 
thoughtful and thorough way he handles these bills, the fair way he 
operates. We are all grateful to the committee and our staffs. We are 
both grateful to our staffs, and I thank all Members of this body.
  This last vote was particularly a difficult vote for everyone, 
whichever way they voted. It was a difficult vote. We know that. Let's 
hope we can reach the right result.
  The PRESIDING OFFICER. Under the previous order, passage of S. 1050 
is vitiated. The Senate insists on its amendment and requests a 
conference with the House.
  Mr. WARNER. On the last matter, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The Chair appointed Mr. Warner, Mr. McCain, Mr. Inhofe, Mr. Roberts, 
Mr. Allard, Mr. Sessions, Ms. Collins, Mr. Ensign, Mr. Talent, Mr. 
Chambliss, Mr. Graham of South Carolina, Mrs. Dole, Mr. Cornyn, Mr. 
Levin, Mr. Kennedy, Mr. Byrd, Mr. Lieberman, Mr. Reed, Mr. Akaka, Mr. 
Nelson of Florida, Mr. Nelson of Nebraska, Mr. Dayton, Mr. Bayh, Mrs. 
Clinton, and Mr. Pryor, as conferees on the part of the Senate.
  The PRESIDING OFFICER. The clerk will report the pending business.
  Mr. LEVIN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. WARNER. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, I ask unanimous consent the engrossment of 
S. 1047 as earlier passed by the Senate be corrected by inserting the 
amendments to H.R. 1588 agreed to today in the respective bills as 
follows: S. 1047, amendment No. 847, Kennedy-Cornyn-Brownback-McCain; 
amendment No. 848, Reid-Inhofe.
  Further, Mr. President, I ask unanimous consent that with respect to 
S. 1047, as corrected, S. 1048, and S. 1049, if the Senate receives a 
message with respect to any of these bills from the House of 
Representatives, the Senate disagree with the House on its amendment or 
amendments to the Senate-passed bill and agree to or request a 
conference, as appropriate, with the House on the disagreeing votes of 
the two Houses; that the Chair be authorized to appoint conferees, and 
that the foregoing occur without any intervening action or debate.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. WARNER. I thank the Chair. Further, I ask unanimous consent that 
S. 1050, as previously passed by the Senate, be returned to the 
calendar.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. I thank the Chair.

                          ____________________