[Congressional Record (Bound Edition), Volume 149 (2003), Part 9]
[House]
[Pages 12469-12582]
[From the U.S. Government Publishing Office, www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004

  The SPEAKER pro tempore (Mr. Sweeney). Pursuant to House Resolution 
245 and rule XVIII, the Chair declares the House in the Committee of 
the Whole House on the State of the Union for the consideration of the 
bill, H.R. 1588.
  The Chair designates the gentleman from Texas (Mr. Bonilla) as 
chairman of the Committee of the Whole, and requests the gentleman from 
New York (Mr. Sweeney) to assume the chair temporarily.

                              {time}  1346


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 1588) to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, to prescribe military 
personnel strengths for fiscal year 2004, and for other purposes, with 
Mr. Sweeney (Chairman pro tempore) in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN pro tempore. Pursuant to the rule, the bill is 
considered as having been read the first time.
  Under the rule, the gentleman from California (Mr. Hunter) and the 
gentleman from Missouri (Mr. Skelton) each will control 60 minutes.
  The Chair recognizes the gentleman from California (Mr. Hunter).
  Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
  We have an excellent defense bill before us today. We have learned a 
number of lessons from the conflict we just concluded in Iraq. I think 
the lessons of the last 15 years are that we must have in this country 
broad military capabilities, and that means we have got to be able to 
handle a conventional armored attack or conventional warfare. We must 
be able to handle guerilla warfare. We must be able, at the same time, 
to conduct the war against terrorism, and we have to prepare for the 
eventuality that ballistic missiles may at some point be launched 
against the United States.
  Mr. Chairman, this bill addresses America's military issues. We 
address all of the issues that are brought up with respect to 
personnel. We have a 4.1 percent average pay increase in this bill. We 
have targeted bonuses where we have critical skills requirements and 
critical grade requirements. We provide for family housing. We do all 
the things that are important for people. At the same time, we 
modernize and we have more money for modernization than we have in 
years past, Mr. Chairman.
  We have lots of old platforms. We know that our Army helicopters 
average 18.6 years of age. Two-thirds of the Naval aircraft are over 15 
years. And if you go down the line you even come up with some 
antiquities. You come up with B-52 bombers, the youngest of which was 
built in 1962. So we have many years where modernization is required, 
and we have embarked on this first step of modernization with this bill 
that provides a little over $70 billion for modernization.
  Mr. Chairman, we have learned lessons in Iraq, and this committee, 
which worked very hard, Democrats and Republicans on all of our 
subcommittees listened to our military after the operation in Iraq, and 
we asked them what their lessons learned were, what new systems, what 
new capabilities could we work on to give them even more effectiveness 
on the battlefield. They talked to us, and we have embedded some of 
these requests, Mr. Chairman, in this bill.
  So this bill reflects not just recommendations from the 
administration over the last several years, but it reflects what war-
fighting leaders need on the battlefields and what they have learned is 
required as a result of this most recent conflict. So this is a very 
up-to-date bill.
  Mr. Chairman, we need a number of what I would call so-called 
enablers to continue to fight today's wars and also prepare for 
tomorrow's wars. We need airlifts. You have to have the ability to move 
that air bridge and move across that air bridge either from the United 
States to a military operation around the world, or to move from 
foreign-based troops, troops in Germany or other places, move them into 
the battlefields and not only move troops in but move equipment in and 
provide that bridge of tankers to be able to move strike aircraft in, 
long-range strike aircraft or short-range tactical aircraft which, 
combined with precision munitions, can hit those targets, whether it is 
an al Qaeda cave in Afghanistan or a leadership bunker in Iraq or in 
some other part of the world. We have supplied more money for that very 
important area, Mr. Chairman.
  We also need to bolster precision-guided munitions which have 
provided us with so much leverage in this operation. We do that here.
  We also provide for more robust missile defense because we know that 
Scud missiles launched in a theater can paralyze our tactical 
airfields. Until we can take care of those airfields and bring people 
in and bring aircraft in,

[[Page 12470]]

we know we have to have the ability to pull down Scud-class ballistic 
missiles and increasingly effective ballistic missiles that are 
actually more high-powered, more capable than Scuds. For that reason, 
Mr. Chairman, we have money in this bill for Patriot missile systems, 
for more procurement of our missile systems, so we can protect our 
troops in theater and project American power around the world. That is 
another enabler.
  We also put money in for the deep strike program, Mr. Chairman. That 
is important. That will follow on and bolster this fleet of B-1s, B-2s 
and B-52s that carried the war to the enemy so effectively in this last 
theater.
  So we do a number of things, Mr. Chairman, that will enable us to not 
only fight today's wars but also look beyond the horizon and will help 
us fight tomorrow's wars.
  Let me tell you, Mr. Chairman, you will be listening to the reports 
of our subcommittee chairman and the ranking members of those 
subcommittees and you will see that this bill is a product of a lot of 
hard work, a lot of folks who sat in those chairs and listened not only 
to the daily briefings on the Iraq operation but listened very intently 
to our people in uniform when they told us what we are going to need to 
protect this country. Our folks have done a great job.
  So, finally, let me commend our commander-in-chief, President Bush, 
for the blueprint that he laid out for us, for Secretary Rumsfeld, our 
military leaders, but, lastly, everybody who projected American power 
in this last conflict, who went out, right down to that 19-year-old kid 
carrying an M-16 trying to go through the choke point at Nasiriya in 
Iraq.
  America's military team has performed brilliantly for us. Now it is 
time for us to perform for them.
  I want to thank my ranking member, the gentleman from Missouri (Mr. 
Skelton), for his great partnership in putting this bill together. We 
have had a few contentious moments and we may have a few more as we go 
through this bill. There are a few items that do not come up very often 
in the defense bill but will come up. But after the arm wrestling is 
over, Mr. Chairman, you will see a united Committee on Armed Services 
and hopefully a united House of Representatives standing tall behind 
the uniformed people in the United States military. So I am very 
grateful to the gentleman from Missouri (Mr. Skelton) for his work.
  I want to also say I am very grateful to our subcommittee chairman, 
the gentleman from Pennsylvania (Mr. Weldon), the gentleman from 
Colorado (Mr. Hefley), the gentleman from New Jersey (Mr. Saxton), the 
gentleman from New York (Mr. McHugh), the gentleman from Alabama (Mr. 
Everett), and the gentleman from Maryland (Mr. Bartlett), and also all 
of their ranking members on their subcommittees for the hard work they 
have put in.
  Mr. Chairman, we will start presenting our subcommittee reports 
momentarily.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I yield my myself such time as I may 
consume.
  Mr. Chairman, I rise in support of this Armed Services bill. I would 
like to first pay tribute to our chairman, the gentleman from 
California (Mr. Hunter), if I may, for his sincerity, for his hard 
work, and for his determination in taking care of the troops and making 
sure that they have the right equipment and ammunition that they need 
to succeed on the battlefield.
  We are so very, very proud of the young men and young women and the 
victory that they have brought about in the fields of battle in Iraq 
for several reasons; and a lot of it is tied right back to the work we 
have done on the Committee on Armed Services through the years.
  The first is the high caliber of young men and young women that we 
have. They are professionals. They are dedicated and highly trained. 
The operation and maintenance dollars we have given towards training 
has paid off.
  Secondly, the equipment that they have had. When you speak of the M-
1, A-1 tanks, the Bradley fighting vehicles or the B-2 bombers or 
whatever, their equipment has been the very best available.
  Number three is the ammunition they have had, the precise ammunition, 
the targeted ammunition they have. Whether you are speaking about a red 
dot on the target through a rifle at 300 meters or a JDAM bomb being 
dropped from a B-2 bomber at 40,000 feet that goes through a window of 
choice, all of that has contributed.
  On top of that, it was interesting to note that the gentleman in 
charge of all of the British troops, Air Marshall Brian Burrage, gave 
tribute to the plans that came out of the American war colleges through 
this whole effort in Iraq. He said that the plans that were fulfilled 
in the Iraqi campaign will be studied in war colleges for decades to 
come.
  The last reason we did so well and as a result of a lot of work in 
the Committee on Armed Services going back a number of years was the 
jointness that was apparently seamless between each of the services. 
All of that came about as a result of the work that we did on the 
Committee on Armed Services.
  This bill, Mr. Chairman, is a good bill. As the chairman has noted, 
it does a lot of good things for the troops: the 4.1 percent average 
pay raise, the family housing, the medical care, all of this combined 
together does a great deal. The research and development that grows 
into future systems. The procurement of the weapons systems and 
ammunition that we provide for and authorize is so very important. The 
O&M, Operation and Maintenance, which allows not just keeping the 
lights on but allows for extensive training, whether it be at Fort 
Irwin or whether it be on a ship or on an airplane.
  All of this is so very important to the uniformed services. We are 
very proud of them, every one of them. We salute them on their recent 
victory.
  We are, as you know, compelled to remind ourselves sadly that we are 
in a war against terrorism and there will be great burden on the 
military forces as we proceed with this war against those terrorists of 
which we have learned so much.
  But I must say, Mr. Chairman, that there are provisions in this bill 
that I wish that the Committee on Rules had allowed full and fair 
debate thereon. We still have one more rule to go, so I am hopeful that 
the Committee on Rules will allow some of these amendments to be made 
in order, such as the one involving Civil Service. I think it is very 
important that we have a full and fair debate on that. Cooperative 
threat reduction should be a very important issue that we should debate 
here, among others. The base closing issue should be one that we should 
at least have a debate on in this forum.
  So with that exception, hoping that the Committee on Rules can 
reverse itself and help us have a more complete debate probably 
tomorrow as a result of the second rule that will be forthcoming from 
the Committee on Rules, I certainly hope we can continue that 
insistence.

                              {time}  1400

  Overall, this is a good bill. Whether it is a young sailor on a ship 
or whether it is a general directing an operation, all of them fare 
well as a result of the work, and hard work by this committee.
  Again, let me thank Chairman Hunter for his sincerity through all of 
this.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HUNTER. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Pennsylvania (Mr. Weldon), the vice chairman of the 
committee, who is chairman of the Subcommittee on Tactical Air and Land 
Forces.
  Mr. WELDON of Pennsylvania. Mr. Chairman, this bill is about 
America's patriots. This bill is about America's heroes. From Kabul to 
Baghdad, from Riyadh to Graznyy, our sons and daughters are in harm's 
way doing a fantastic job, and we applaud them with this legislation.
  But this bill is also about two other patriots. This bill is about 
the gentleman from California (Mr. Hunter),

[[Page 12471]]

and it is about the gentleman from Missouri (Mr. Skelton), two great 
Americans, Mr. Chairman, who brought us together; two great Americans 
who worked us for 30 hours over 2 days in the most extensive markup 
that I have been involved in in 17 years in this body. And while there 
were some issues that were very tightly split, in the end only two 
Members out of 60 dissented. And as we have done in the past, we will 
work our will and our way today to come up with a bill that we can be 
proud of.
  But I want to pay tribute, especially to Duncan Hunter and Ike 
Skelton for their leadership. They are both great Americans. They both 
served their country in military combat. They both understand as much 
as anyone else in this body what this bill is all about. It is an honor 
and a privilege for me to serve with both of them. And I know my 
colleagues on the Committee on Armed Services and in this body 
understand and appreciated the leadership of both of these outstanding 
individuals.
  So this bill is about their leadership in helping us mold a bill that 
will provide the support for our patriots. In our subcommittee, the 
Subcommittee on Tactical Air and Land Forces, we increased funding, 
with the help of our two patriotic leaders, by almost $2 billion. And 
where do we put that money? We put $600 million of it into additional 
authorization for M1 tanks and Bradley Fighting Vehicles, because they 
did so well in the recent battles in Iraq. We put $200 million of extra 
money to maintain our ammunition industrial base, vitally important for 
our capabilities for the future.
  On the F-22 program, we kept the authorized amount at the level 
requested by the Air Force and DOD; but we performed our legitimate 
role of oversight, and we said to the contractors in the Air Force, you 
are not making enough progress on the software for this vital aircraft; 
and until you do, we are going to fence a portion of this money. 
Because as stewards for the taxpayers, we must make sure that the money 
we spend is, in fact, spent in the most cost-effective way possible.
  Mr. Chairman, we also put $1.7 billion in the legislation for the 
Future Combat System in transition of our Army, and we provided 
multiyear procurement for the E-2C and the F-18, as well as the C-130J.
  Mr. Chairman, this bill will not be perfect to each one of us 
individually; but collectively, as we come together as 60 Members of 
the committee and 435 Members of the House, it is a bill that we all 
can support, a bill that would do what needs to be done to support 
those brave patriots who are today serving our Nation.
  In addition, on some of the more contentious issues involving 
cooperative threat reduction and involving nuclear policy, the chairman 
and the ranking member have worked with us to craft some important 
additions in this bill. We, in fact, include in the bill the 
requirement of establishing a Strategic Nuclear Commission to look at 
what our nuclear posture should be over the next 20 years in a 
bipartisan approach. We have included language to find compromises on 
the way that we assist the former Soviet states in taking apart their 
weapons of mass destruction.
  So, Mr. Chairman, I have no problem in supporting this legislation. 
There will be some amendments that will be offered that will be helping 
to perfect it even more. And in closing, besides thanking our two 
patriots, I want to thank my good friend and colleague, the gentleman 
from Hawaii (Mr. Abercrombie). He is the ranking member of our 
subcommittee. He is an outstanding American. He has been involved in 
every aspect of the development of this portion of our bill. He is a 
quiet man, who never speaks his mind; but all of us love him because, 
in the end, we know that he means well by those soldiers, sailors, 
Marines, and corpsmen who this bill is written to support.
  Mr. Chairman, I thank our colleagues and urge a ``yes'' vote on the 
bill and again thank our two leaders for their great work.
  Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from 
Mississippi (Mr. Taylor), the ranking member on the Subcommittee on 
Projection Forces.
  Mr. TAYLOR of Mississippi. Mr. Chairman, I regret that my Republican 
colleague, the gentleman from Maryland (Mr. Bartlett), is not here, so 
I hope I do not steal his thunder. From the Subcommittee on Projection 
Forces, we have done a number of things for America's industrial base; 
but, more importantly, we have done a lot of good things for the men 
and women who serve our country. It is unconscionable to send them out 
to sea in old ships, old helicopters, and old planes. So we do take 
some steps to address those needs with this bill.
  I regret that we really do not do enough. We are now down to a fleet 
of about 300 ships. And at the rate we are going, we are on our way to 
a fleet of 140 ships. Fleet age used to be about 30 years. We are now 
down to keeping them for about 20, and we are only putting 7 in the 
budget. So quick math tells you if you are going to build 7 ships a 
year, and only keep them for 20 years, you are down to a 140-ship 
fleet. I hope we can turn that around. We have not had much help from 
this administration. Quite frankly, we did not have much help from the 
previous administration. And I do think a navy is important for force 
projection, so I do think the Congress needs to pay more attention to 
that.
  We authorized three DDG-51s, one LPD-17 advanced funding, two T-AKE 
ships, one Virginia-class submarine, which will be purchased with 
multiyear funds. The idea being that things are so expensive, things 
that take 4 or 5 years to build, we can go ahead and pay for them in 
four or five installments rather than one. Two SSBN to SSGN 
conversions. One LHD-8. $35 million for the Littoral Combat Ship, our 
next generation of small ships to operate in the Littoral zones around 
the world. One LCAC SLEP Program, Service Life Extension Program.
  Additionally, we have authorized the money to replace about 333 
Tomahawk missiles that were used up in the course of the most recent 
war, and about a $40 million increase to the production line so that 
they can be built quicker than they would have been. One C-17 for 
airlift, $229 million for aerial refueling, which gives the Pentagon 
the option to either purchase or lease those planes that we need. Long-
range bombers. We add about $100 million for the next generation of the 
manned bomber, and we will see to it that a number of B-2s will be kept 
in the inventory that would have been expired.
  So, again, we are not doing everything that I think any of us would 
like to do; and, quite frankly, I very much regret the Committee on 
Rules not allowing an amendment to be put on the floor so that every 
Member of this body could vote whether or not we are going to have 
another round of base closures. I think it is a particularly bad idea 
and a particularly bad idea when our Nation is at war.
  I very much regret that the democratic process will not be given an 
opportunity to express itself. I hope the Committee on Rules will 
change their mind between now and tomorrow.
  The CHAIRMAN. Does the gentleman from New Jersey (Mr. Saxton) request 
unanimous consent to control the time on behalf of Chairman Hunter?
  Mr. SAXTON. I do, Mr. Chairman.
  The CHAIRMAN. Without objection, the gentleman from New Jersey (Mr. 
Saxton) is recognized.
  There was no objection.
  Mr. SAXTON. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Colorado (Mr. Hefley). This year, for the first time in 
the new subcommittee laydown, the chairman and the committee members 
decided to combine the Subcommittee on Readiness and the Subcommittee 
on Military Construction as part of the new configuration. The 
gentleman from Colorado (Mr. Hefley) has a committee report on this new 
subcommittee.
  Mr. HEFLEY. Mr. Chairman, I thank the gentleman for yielding me this 
time, and I rise today in strong support of H.R. 1588, the National 
Defense Authorization Act for fiscal year 2004.
  We have all witnessed our military success in Afghanistan and Iraq 
and in

[[Page 12472]]

the rest of the world. These successes are a tribute to the quality of 
our servicemembers as well as to the importance of realistic and 
frequent military training. The act contains three environmental 
provisions that will ensure the military's continued ability to train 
in realistic scenarios without neglecting the military's commitment to 
be responsible environmental stewards. The act amends the Endangered 
Species Act, the Marine Mammal Protection Act, and reauthorizes the 
Sikes Act. I will speak to these environmental provisions as we go on 
during the course of the next few days when those subjects come up, but 
I think these are very important provisions.
  H.R. 1588 also recognizes that the military services will face real 
challenges as personnel and equipment return home from the war. The 
level of effort necessary to resurge this equipment at our maintenance 
depots will be extraordinary. So the act recognizes this and adds 
funding to the key readiness depot accounts in order to take care of 
this problem. This act recommends an additional $680 million for active 
and reserve depot maintenance, an unprecedented but vital funding 
increase.
  I am disappointed the military services have allowed funding to slip 
to an unacceptably low level during these times, and I hope the 
military services take advantage of the circumstances that have allowed 
the committee to add such a large increase and urge the Department to 
avoid getting itself into this situation in the future where such large 
increases from Congress are necessary.
  This act also provides an additional $180 million for maintenance-
related repair parts or flying hour spares to support readiness 
missions. This act also takes the unprecedented step of funding every 
unfunded requirement identified by the commandant of the United States 
Marine Corps.
  In addition to readiness issues, I would like to address the Military 
Construction and Base Realignment and Closure, the BRAC, process. Once 
again, the Department's budget request for military construction and 
family housing fell far short of meeting the services' needs. To 
address some of the greatest readiness and quality-of-life shortfalls, 
H.R. 15888 includes $9.8 million in military construction and family 
housing, which is a real increase to the President's budget of more 
than $400 million.
  H.R. 1588 also includes a number of commonsense improvements to 
existing base closure laws. First, H.R. 1588 establishes a force 
structure floor. U.S. forces are already under severe strain, and this 
provision would prevent further cuts that could further damage military 
readiness.
  Second, the bill requires that the 2005 BRAC round result in a basing 
plan that is capable of supporting the base force, a modest but capable 
level of forces that was crafted immediately following the Cold War. In 
creating the basing plan, DOD would be required to assume a worst-case 
scenario in which no U.S. forces could be permanently stationed outside 
the United States. The act uses the base force, a slightly larger force 
than we have today, as the force baseline because it represents the 
level to which we might reasonably expect the United States military to 
surge to meet a future crisis or to change or a change in threats 
facing our Nation.
  Finally, H.R. 1588 requires the Secretary of Defense to establish an 
``early off'' list of military installations that are critical to our 
national defense. This list would include at least one-half of all U.S. 
installations and would spare many communities the worry and cost 
associated with the BRAC process by allowing their early removal from 
the list of facilities that the BRAC Commission may consider for 
closure. In other words, there are some bases that absolutely the 
Defense Department cannot do without. They know it. They know what 
these bases are. They know they are not going to be on the closure. For 
pity sake, get them off the list and spare these communities. And this 
amendment would do that.
  H.R. 1588 will make real improvements in U.S. military readiness and 
ensure the continued strength of U.S. Armed Forces for years to come, 
and I urge my colleagues to join me in supporting this act.
  Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from 
Massachusetts (Mr. Meehan), the ranking member of the Subcommittee on 
Terrorism, Unconventional Threats and Capabilities.
  Mr. MEEHAN. Mr. Chairman, I thank the ranking member, the gentleman 
from Missouri (Mr. Skelton), for yielding the time.
  Mr. Chairman, I rise to speak on the Department of Defense 
authorization bill, and let me first of all say that I am concerned the 
technical corrections amendment aims to rewrite the Endangered Species 
Act and the Marine Mammal Protection Act, two critical environmental 
laws.

                              {time}  1415

  The House Committee on Armed Services marked this bill up in a 
session that lasted over 24 hours. We debated issue after issue, and we 
raised serious concerns about the Department's efforts to effectively 
eliminate the Civil Service system and to gut important environmental 
protections. While the debate certainly was contentious, it was an open 
debate.
  Today we are faced with a much different scenario. Amendments to 
restore Civil Service protections and protect the environment were not 
made in order. A rewrite of major environmental laws was included in 
the manager's amendment. I did not get an opportunity to speak on the 
rule, but I believe strongly that the rule that was passed by this 
House makes a mockery of the deliberative process.
  As the ranking member of the Subcommittee on Terrorism, 
Unconventional Threats and Capabilities, I believe the committee's 
work, the legislative product before us, is on the whole a solid 
proposal. At a time when our Nation's military is being called upon to 
make greater than normal sacrifices, this bill in my estimation 
represents a step in the right direction, for I have seen firsthand an 
example of this personal sacrifice in traveling around the world to 
Afghanistan and other places.
  I recognize the importance of providing a truly bipartisan 
authorization package in order to maintain a second-to-none military. 
Towards this end, the Subcommittee on Terrorism, Unconventional Threats 
and Capabilities authorized increased spending on DARPA, chemical and 
biological defense measures, and at the Special Operations Command. I 
applaud the gentleman from New Jersey (Mr. Saxton) for his leadership 
for the ultimate approval of these issues.
  That said, I would like to address a few less-than-impressive 
measures contained in the portion of the bill that pertains to the 
Subcommittee on Terrorism, Unconventional Threats and Capabilities. For 
starters, this bill reduces funding for information technology or IT 
programs by as much as $2 billion to fund in some cases initiatives 
perhaps more suited for the conflict of yesterday rather than those of 
tomorrow.
  I am particularly concerned about the nature of the proposed cut to 
the Navy-Marine Corps Internet. In my mind, the depth and breadth of 
the IT cuts represents a stunning recommendation, given that our 
military's complete transition into the information age is well under 
way.
  Mr. Chairman, I sincerely hope that as this legislation moves forward 
that much work can be done in the conference committee, because, as of 
today, I believe this bill is a flawed bill, and I hope that we are 
open to operating, as we move further, in working with the conference 
committee to correct these flaws.
  Mr. SAXTON. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in strong support of H.R. 1588, the National 
Defense Authorization Act for Fiscal Year 2004.
  Last week, the Committee on Armed Services approved this bill by a 
vote of 58-2, continuing the committee's tradition of bipartisanship in 
addressing the defense needs of this Nation. The bill contains several 
initiatives that will

[[Page 12473]]

aid the armed services and the Federal Government as a whole in the 
ongoing war against terrorism and contains several promising provisions 
which will help to transform the military services into the condition 
in which they need to be for the future.
  I have the honor of chairing the first standing committee in this 
House devoted exclusively to defending from the terrorist threat, the 
Subcommittee on Terrorism, Unconventional Threats and Capabilities. As 
many in this body know, I worked for many years toward the 
establishment of such a subcommittee, and I thank the gentleman from 
California (Mr. Hunter) for his wisdom in bringing this idea to 
fruition.
  I believe our subcommittee has already proven its worth, and we plan 
to do much more in the weeks and months to come.
  The subcommittee's ranking member, the gentleman from Massachusetts 
(Mr. Meehan), and I have worked hard together to explore a multitude of 
ways to provide the Department of Defense with the capability to defeat 
and defend against terrorists at home as well as abroad.
  I will be the first to acknowledge that we are off to a good start, 
but we have a long, long way to go before we are satisfied that we on 
this committee and in the Congress have done all we can to protect our 
country against the scourge of terrorism. There are many areas to 
address and so many good ideas abound that in some ways it is difficult 
to know where to concentrate our efforts. However, several enduring 
themes have appeared since the establishment of our subcommittee, all 
of which are addressed in some measure in this bill.
  For example, we learned that the best way to fight terrorism is to 
keep terrorists as far from our shores as possible. I believe the 
Special Operations Command is our best weapon for this mission. This 
bill bolsters the bill's capabilities in several areas.
  Let me just say this about the Special Operations Command. The 
defense of our country in the new war on terrorism is a many-fold type 
of defense, but for the purposes of this conversation, let me just 
separate it into two parts. The area of homeland security is important; 
and, to that end, this Congress and our government have established a 
new Department on Homeland Security. It is important. It works here 
within and close to the borders of the United States to put in place 
defensive measures as well as measures that will help us react properly 
should a terrorist attack occur.
  The second part, and perhaps at least from my point of view an 
equally important part of the task, is the offensive and defensive 
capabilities offered to us through the Special Operations Command. In 
both Afghanistan and Iraq, an immense part of the effort went largely 
unnoticed by the American public. We embedded reporters, hundreds of 
them, within the ranks of our troops, and each day on television we 
could watch as we progressed in the desert.
  A lady back home said, why did the American Department of Defense 
decide to put the Special Operations Command on television? I said, 
ma'am, we did not. You did not see what they did. But suffice it to say 
in this conversation, they were an extremely effective force that did a 
great deal. They are made up of Navy Seals, Army Rangers, Green Berets. 
There is an Air Force unit located at its permanent base here in 
Herbert Field in Texas, and we are standing up new Marine units to act 
in concert with the Special Forces groups.
  This year we believe that they are so important that we are 
increasing the funding allotted for Special Forces by 33 percent, from 
about $4.3 billion to about $6 billion. This is important, and we 
recognize the wonderful job they have done. I will not go on to 
describe their methods of operation and the kinds of things that they 
do because it would in some ways perhaps inhibit their capabilities, 
but suffice it to say they are extremely important to today's war on 
terrorism.
  In addition to the groups that I listed, there are some folks that do 
some other special kinds of jobs that are also in the Special Forces. 
Civil operations, for example. During a fight, is it important to try 
to bring along the people, the population within whom our Special 
Forces are working? Of course it is. We have civil operations units to 
do that. We also have communicators known as psychological operators 
who are part of the Special Forces, and they do a wonderful job in 
communicating messages to the people in the theater of operation.
  Last week I had an opportunity to go to Walter Reed Hospital and 
visit some of our wounded soldiers. There were some special operators 
who had been wounded as well. They are great people, and to the person 
when I asked them what it is that they would wish most about their 
future, they said I would like to get out of this bed and go back to my 
unit. They are great people, and my hat is off to them for the great 
job they do under the leadership that we have provided them.
  There are also emerging issues involving the role of the National 
Guard. We are working on these questions with the new Assistant 
Secretary of Defense for Homeland Defense and will involve the 
Department of Homeland Security and the National Guard in the 
resolution of these matters.
  There is need for more and better and cheaper chemical and biological 
detectors and countermeasures of various sorts. To meet this need, we 
have established a chemical and biological initiative fund to allow 
promising ideas to compete for funding.
  Mr. Chairman, I could go on for a long time and talk about the 
activities of the subcommittee and the things that we oversee. The 
gentleman from Massachusetts (Mr. Meehan) mentioned information 
technology which is critical. We are trying to get our arms around 
that.
  I strongly encourage all Members to support H.R. 1588. This is an 
excellent bill that should receive the overwhelming support of this 
body.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from 
Texas (Mr. Ortiz), the ranking member of the Subcommittee on Readiness.
  Mr. ORTIZ. Mr. Chairman, I rise in support of H.R. 1588, the National 
Defense Authorization Act for Fiscal Year 2004.
  I want to specifically address the provisions of the act relating to 
military readiness.
  First, I thank my colleagues on the subcommittee and the full 
committee for the manner in which they participated in the business of 
the subcommittee this session.
  I also want to express my appreciation to the gentleman from Colorado 
(Mr. Hefley) for his leadership and example in developing the readiness 
portion of the fiscal year 2004 National Defense Authorization Act. We 
were on an accelerated pace this session, and there were many issues 
that we were unable to address.
  Additionally, this authorization act is based on a peacetime bill 
request from the administration that did not address many of the known 
reconstitution or post-conflict requirements. Our dedicated military 
and civilian personnel continue to do their part in protecting the 
security of this great Nation. We are obligated to do our part.
  Mr. Chairman, while I am concerned that this act does not provide all 
that I would like to see in the direct readiness accounts, I am more 
distressed over the process.
  First, there were issues that should have been addressed in the 
Subcommittee on Readiness that were presented during the full committee 
mark. I speak especially about the environmental provisions and the 
civilian personnel provisions that were inserted in the chairman's 
mark. Most troubling to me are the broad changes dismantling the 
safeguards in the civilian personnel system. Many of the changes are 
based on the homeland security model that has not been implemented yet. 
This bill would extend these experimental rollbacks to the more than 
700,000 Department of Defense civilian employees who performed 
tremendously during Operation Enduring Freedom and Operation Iraqi 
Freedom, a performance that we acknowledge.

[[Page 12474]]

  There is no doubt in my mind that additional changes are needed to 
the civilian personnel management system, but that does not include 
wholesale removal of safeguards that ensure access and fair treatment 
for those dedicated civilian personnel who, like their military 
colleagues, also serve.
  Second, for the first time in my long tenure here in the House and on 
the Committee on Armed Services, I am concerned about the partisan 
nature of the committee and its deliberations during the mark. We have 
debated many contentious issues in the past, and I see no reason why I 
should believe that the future will be different, but I trust that in 
the future we will remember that the legislative process is a 
consultative process in which compromise among the parties is key to 
crafting some policy that would have a lasting effect and that it can 
only take place in an environment where mutual respect and 
bipartisanship is the norm.
  Mr. Chairman, I support this act and will vote for it. On balance, it 
is not a bad start. It contains a lot of things that I am convinced are 
needed to permit the Department of Defense to perform its national 
security mission, but I do not want us to forget that significant work 
still needs to be done.
  I urge Members to support this bill.

                              {time}  1430

  Mr. SAXTON. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Alabama (Mr. Everett), chairman of the Subcommittee on 
Strategic Forces.
  Mr. EVERETT. Mr. Chairman, the bill reported out by the committee 
supports the administration's objectives while making significant 
improvements to the budget request. The recent conflict in Iraq 
dramatically demonstrated the effectiveness of emerging military 
technologies and at the same time validated the requirement to sustain 
and upgrade the Legacy Force. The committee's report strikes a balance 
between future investments and near-term priorities.
  In the area of missile defense, the committee's bipartisan 
recommendation provides the full $9.1 billion requested by the 
administration, but shifts $282 million from longer-term and less well-
defined objectives to nearer-term priorities, particularly in the area 
of theater missile defense. Notably, it provides $20 million for 
improved Patriot IFF, identification, friend or foe, to address 
friendly fire incidents in Iraq. It also supports the President's 
program to achieve an initial defensive operational capability in 
fiscal year 2004 by expanding the Pacific missile defense test bed.
  In the area of military space, the committee's recommendation 
accelerates the next generation of satellite communications and 
navigation capabilities which have so recently allowed our military 
forces to act with unprecedented speed and precision. It also provides 
additional funds for operationally responsive space launch to shorten 
launch preparation times from months and years to days and weeks. Given 
the increasing importance of space to both the United States and 
potential adversaries, the committee recommends increased funding for 
space surveillance activities. The committee's recommendation provides 
for the sustainment and life extension of our strategic nuclear 
deterrent, which will remain a cornerstone of our national security 
posture for years to come.
  It provides the funds necessary to ensure the Nation's enduring 
stockpile remains safe and reliable even as the weapons in that 
stockpile age well beyond their designed service lives. The committee's 
recommendation also funds at the budget request several programs of 
special interest. Specifically, this includes the robust nuclear Earth 
penetrator, the advanced concepts initiative, and the enhanced test 
readiness program. The report also contains a provision that would 
repeal the prohibition on low yield nuclear weapons research. These 
actions will allow the defense nuclear complex to better respond to new 
and future military requirements.
  To quickly shift gears to an issue close to my heart, I am pleased to 
say that the committee was able to include an additional $147 million 
for Army aviation training to fully fund the Army's Flight School XXI 
program. Flight School XXI incorporates a new training syllabus derived 
from lessons learned from Kosovo's Task Force Hawk. Aviation students 
were being sent to operational units undertrained. To address this 
dilemma, Flight School XXI provides students with more flying hours in 
their ``go to war'' aircraft and calls for greater utilization of 
modern, state-of-the-art training simulators. Improved pilot and crew 
training is needed, and I firmly believe that Flight School XXI will 
better prepare Army aviators for real-world flying situations.
  I would also like to pay tribute to my ranking member, the gentleman 
from Texas (Mr. Reyes), for the great work he has done on these complex 
issues and to both the majority and the minority staffs for their long 
hours and hard work they put in on the issues before the subcommittee.
  Mr. Chairman, the committee's recommendation addresses administration 
objectives, Defense Department unfunded requirements, and Member 
priorities. I urge my colleagues to support this important legislation.
  Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from 
Texas (Mr. Reyes), the ranking member of the Subcommittee on Strategic 
Forces.
  Mr. REYES. Mr. Chairman, I thank the gentleman for yielding me this 
time. I am proud to be here to rise in strong support of the National 
Defense Authorization Act. In doing so, I would like to thank the 
gentleman from California (Mr. Hunter), the gentleman from Missouri 
(Mr. Skelton), and in particular the gentleman from Alabama (Mr. 
Everett), chairman of the Subcommittee on Strategic Forces, and both 
staffs for their hard work and the great work they have done in order 
to report out of our subcommittee to the committee on issues that at 
times can be very contentious for all of us.
  While I am concerned that this bill contains a few very dangerous 
provisions, especially related to civil service reform, I believe that 
this bill makes strides to help our men and women in uniform. This bill 
allows for an average pay raise of 4.1 percent for all personnel, 
reduces out-of-pocket expenses for housing, and eases the financial 
burdens when reservists are mobilized.
  Mr. Chairman, I had the privilege of accompanying Chairman David 
Hobson and four other Members of Congress on a visit two weekends ago 
to the Middle East where we received briefings in Kuwait and Bahrain 
and Baghdad. I notice in the gallery we have got represented here 
members of all of our armed services who are watching with great 
interest the things that we do and the things that we say about this 
defense authorization bill here. I would like to share with you and 
with them in particular some of the comments that I heard from our men 
and women in uniform on that recent trip two weekends ago.
  They were particularly proud of the job that they had done in winning 
this war in record time, with minimum losses; but they were not happy 
because they were asked to transition from war fighters to 
peacekeepers. That is one of the areas where I think we have a lot of 
work to do, Mr. Chairman, in terms of making sure that we are mindful 
of the role that our men and women in uniform play in terms of 
transitioning them from having just fought and won a war to the role of 
peacekeeper. Several times they made mention to me that they were happy 
to be involved in combat for this country, but they felt that their 
role as peacekeepers should be best done by somebody else. They 
mentioned the United Nations and other alternatives. They felt that 
being warriors they were not suited to become traffic cops immediately 
after a conflict. They did not have an interest in being city guards or 
maintainers of infrastructure or any of those kinds of things. Frankly, 
those are the kinds of issues that I hope as members of this committee 
and Members of Congress, we do a better job at doing this.
  In conclusion, Mr. Chairman, these are the same men and women in 
uniform that later on in this authorization we are going to be talking 
about

[[Page 12475]]

an amendment that would conceivably put them on the border as 
peacekeepers or law enforcement personnel. I hope that every Member of 
Congress remembers that these men and women have done us proud. Let us 
do them proud by keeping them focused on their role.


                      Announcement by the Chairman

  The CHAIRMAN. The Chair would remind Members to refrain from 
referencing occupants of the gallery.
  Mr. SAXTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
California (Mr. Calvert), whose congressional district includes Camp 
Pendleton.
  Mr. CALVERT. Mr. Chairman, I rise in strong support of H.R. 1588. As 
we have done in our recent successes with our fine troops, sailors, 
Marines, airmen, they have done a fantastic job. The reason they have 
done such a great job, Mr. Chairman, is because their success is 
dependent upon training. The motto is ``train as you fight.'' I want to 
congratulate all of our people at all our military bases for the fine 
job that they do at managing those bases in spite of difficulties of 
increasing bureaucracies and restrictions to provide such training. In 
spite of that, they have done as good a job as they can. Not only have 
they succeeded in providing that training, but they have done a 
wonderful job in conserving our natural heritage.
  In my own home State of California, Camp Pendleton, I cannot think of 
an area that has done a better job in preserving the heritage of 
Southern California. You can go down Highway 5 and look upon Camp 
Pendleton, a part of California that you do not see today. As a matter 
of fact, they have done such a fine job, the old motto goes, the other 
motto, ``no good deed goes unpunished,'' that many people try to 
restrict our Marines in training the way they fight. Right now of the 
many miles of beach front along Camp Pendleton, I believe it is close 
to 40 miles, only 500 yards can be used for training along that beach 
front. We have to make believe that there are foxholes there. We have 
to put these young Marines in buses and ship them to another location. 
They cannot train as they fight. We want to do just some modest 
modifications in this legislation which would allow our military, as I 
said, to train as they fight.
  This is the right thing to do, Mr. Chairman. This is a good bill. 
This is going to provide the kind of training that those young men and 
women deserve. I would urge everyone to support this legislation.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Illinois (Mr. Evans), a member of the Committee on Armed Services.
  Mr. EVANS. Mr. Chairman, this legislation is vital to continuing our 
military readiness to further the war on terrorism and provide for the 
defense of our homeland. This bill also gives our troops and their 
commanders the tools necessary for the 21st century warfighting. 
Further, this legislation strengthens our Armed Forces, which so aptly 
demonstrated their effectiveness and survivability in Iraq.
  I was pleased to hear the previous speaker talk about Camp Pendleton. 
I am a former Marine. Camp Pendleton is important to the Marine Corps, 
and it is a key base that we have had for many, many years. I believe 
that even a modest increase in funding can help it immensely.
  I urge my colleagues to support these efforts to help our Nation 
remain strong and free. I salute Chairman Hunter and ranking member 
Skelton and their staffs for their hard work on this legislation.
  Mr. BARTLETT of Maryland. Mr. Chairman, I ask unanimous consent to 
manage the time of the chairman of the Committee on Armed Services.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Maryland?
  There was no objection.
  Mr. BARTLETT of Maryland. Mr. Chairman, I yield such time as he may 
consume to the gentleman from California (Mr. McKeon).
  Mr. McKEON. Mr. Chairman, I rise today in strong support of H.R. 
1588, the National Defense Authorization Act for Fiscal Year 2004. 
First and foremost, I would like to thank our troops, the troops of the 
United States Armed Forces, for their sacrifices and their outstanding 
work in Operation Iraqi Freedom, as well as in our ongoing fight in our 
war against terror. I also commend our Commander in Chief, President 
George W. Bush, for his leadership during recent operations, as well as 
in the rebuilding of a free Iraqi nation. I recognize Secretary of 
Defense Donald Rumsfeld for managing along with his team including 
Chairman of the Joint Chiefs General Ryan and Field Commander General 
Tommy Franks for managing our troops in a very successful military 
campaign and also Secretary Rumsfeld for his vision for the 
transformation of the U.S. military into a more powerful and more 
efficient military force. Finally, I express deep respect for my 
friend, House Armed Services Committee Chairman Duncan Hunter, for his 
leadership in bringing this authorization bill to the floor. I 
appreciate his respect and his responsiveness to all of the members of 
the committee, along with our ranking member and his sidekick Ike 
Skelton.
  Mr. Chairman, the bill before us balances the need to address today's 
national security threats while preparing for tomorrow's challenges. It 
implements lessons learned from recent conflicts and addresses ongoing 
concerns by appropriately increasing funding for critical capabilities 
such as heavy armor, precision guided munitions, deep strike 
capability, airlift, and missile defense. H.R. 1588 incorporates needed 
policy, personnel, and procedural reforms at the Department of Defense, 
including modernizing the Department of Defense management system, 
which is imperative to national security and the retention and 
recruitment of civilian personnel.
  Also, the bill addresses environmental concerns. While we must be 
responsible stewards of our environment, it is troubling when military 
officers return from operations and report that their ability to train 
for operations is far from ideal due to environmental issues affecting 
their mission profile. This legislation authorizes approximately $4 
billion for environmental protection and cleanup programs while 
recommending a responsible set of initiatives intended to restore the 
balance between protecting the environment and military readiness.
  Additionally, H.R. 1588 authorizes better pay and benefits for U.S. 
servicemembers by providing a 4.1 percent pay raise as well as an 
additional increase of allowances to cover the 96.5 percent of all 
housing costs. Finally, Mr. Chairman, the fiscal year DOD authorization 
bill is a courageous undertaking that strikes an appropriate balance 
between modernizing our existing forces and investing in next-
generation capabilities that will empower the U.S. military and 
strengthen our national security. I strongly urge adoption of this 
legislation.

                              {time}  1445

  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Arkansas (Mr. Snyder), the ranking member on the Subcommittee on Total 
Force.
  Mr. SNYDER. Mr. Chairman, I want to acknowledge the presence of our 
pages here today. I have a page from my district, Maggie Hobson, and 
their last day is June 6. So over the next couple of weeks if the 
Members have not said hello to them and thanked them, this would be a 
great time to do it.
  I want to thank the gentleman from New York (Mr. McHugh), our 
subcommittee chairman, for his leadership in defense issues. It has 
been a pleasure working with him and other members of the Subcommittee 
on Total Force. I also want to thank the gentleman from California 
(Chairman Hunter) and the gentleman from Missouri (Mr. Skelton), 
ranking member, for their continued leadership.
  While I support and hope to support H.R. 1588 in its final form, the 
National Defense Authorization Act for Fiscal Year 2004, I am very 
disappointed in the manner in which this bill was brought to the floor. 
We have had many contentious issues come before the Congress on defense 
over the years, but we have usually approached these

[[Page 12476]]

in a deliberate and thoughtful process which allowed for the 
consideration of many different viewpoints both for and against, 
helping develop a sound and thoughtful final product.
  But the committee broke with that tradition this year and included 
provisions that made wholesale changes to current systems without 
benefit of thorough hearings or in-depth analysis of the information 
and proposals that were provided by the Department of Defense. 
Unfortunately, the decision to proceed on this path has distracted from 
the numerous very good provisions that were included that improved the 
quality of life for our military personnel, retirees, and their 
families: an average 4.1 percent pay raise, a reduction in out-of-
pocket housing expenses, equity in certain reserve hazard pays, and 
improvements to the military healthcare system.
  Mr. Chairman, there are items in this bill that are excellent, but 
there are also items in this bill that should have had greater thought 
and reflection. I hope that we will continue our efforts to improve and 
strengthen this bill on the floor over the next 2 days. We are all 
proud of our men and women and their service to our country. Surely we 
can produce a defense authorization bill that all of us, Americans all, 
Democrats and Republicans, can be proud of.
  The gentleman from California (Mr. Hunter) in his opening statement 
talked about the professionalism of our military and how well they 
performed in Iraq, and I concur in his assessment, and he also said it 
is now our turn. But it is also our turn to work together, Americans 
all, on this product; and that has not occurred. I also hope after the 
conclusion of this bill that we will do a very good job of providing 
oversight in Iraq and Afghanistan because we must succeed in the peace 
in those two countries.
  Mr. SKELTON. Mr. Chairman, may I inquire about the time remaining on 
each side, please.
  The CHAIRMAN. The gentleman from Missouri (Mr. Skelton) has 40 
minutes remaining. The gentleman from Maryland (Mr. Bartlett) has 27 
minutes remaining.
  Mr. BARTLETT of Maryland. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, before proceeding, as chairman of the Subcommittee on 
Projection Forces, I believe it appropriate to first highlight the 
magnificent service rendered the Nation by the men and women serving in 
our Armed Forces all around the world. We have called upon them and 
continue to call upon them to be ready to make the ultimate sacrifice 
in their service to our Nation. They continue to meet every challenge 
with true dedication and commitment. We thank all of them for their 
service, and we thank all Americans for their steadfast support of our 
servicemen and women.
  History has taught us that we achieve peace through strength. It is 
not easy to quickly grasp and apply the lessons from the ongoing war on 
terrorism and Operation Iraqi Freedom. The National Defense 
Authorization Act for Fiscal Year 2004 takes important steps to make 
our country more secure. It does so by strengthening our military's 
ability to project the force our Nation requires at almost a moment's 
notice anywhere in the world by sea and by air.
  I am pleased to report that the National Defense Authorization Act 
for Fiscal Year 2004 increases the requested authorization for 
Department of Defense programs within the jurisdiction of the 
Subcommittee on Projection Forces by $1.8 billion to nearly $30 
billion. Nearly $400 million of the additional authorization is for 
programs on the military service chiefs' unfunded requirements list.
  Authorization is included for the administration's request of one 
Virginia class submarine, three DDG-51 destroyers, one LPD-17 
amphibious assault ship, and two cargo and ammunition ships.
  We have also taken several initiatives to begin to address shortfalls 
in important requirements of the Department of Defense. All of these 
programs are viewed as critical enablers in conducting operations of 
the type we have just concluded in Iraq. These programs include one 
additional C-17 aircraft for $182 million; an additional $20 million to 
sustain a force structure of 83 B-1's, 23 aircraft above the level 
planned; an airborne tanker initiative of $229 million that would give 
the Air Force the flexibility of retaining KC-135E aircraft, meeting 
unfunded requirements for depot maintenance for tanker aircraft, and/or 
preparing to, procure or lease KC-767 airborne tanker aircraft; an 
additional $376 million for Tomahawk missiles to increase our 
production capacity and procure missiles to meet the long-term 
inventory goal of the Navy; an additional $178 million for the 
Affordable Weapon, a relatively low-cost cruise missile; and an 
additional $100 million bomber R&D initiative for the next generation, 
follow-on stealth, deep strike bomber.
  In addition, the recommended mark includes several important 
legislative proposals: first, a multiyear procurement authorization for 
Tomahawk missiles and Virginia class submarines; second, a limitation 
on C-5A aircraft retirement until a reliability and reengineering 
program completes testing and the results of which are reported to 
Congress; third, an electromagnetic gun initiative; fourth, a 
requirement that the Center for Naval Analysis initiate several 
independently conducted studies on potential future fleet architectures 
for the Navy; and, fifth, a transfer of authorization to advance 
procurement for LPD-17 should Congress enact appropriations for 
Tomahawk missiles for fiscal year 2003.
  In conclusion, I would like to thank all of the members of the 
Subcommittee on Projection Forces and in particular the gentleman from 
Mississippi (Mr. Taylor), my very good friend. Every member of the 
subcommittee was diligent in their commitment and support to achieve 
the mission of strengthening our military. I would also like to thank 
the gentleman from California (Chairman Hunter) for his leadership and 
the gentleman from Missouri (Mr. Skelton), our ranking member. I thank 
them both. I would particularly like to thank the staff and 
particularly the staff director, Doug Roach. When one is a Member, one 
appreciates the staff. When one is a chairman, one really appreciates 
the staff. I thank them very much.
  The National Defense Authorization Act for Fiscal Year 2004 is the 
product of a strong and cooperative bipartisan effort. I urge all of my 
colleagues to support the bill.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from 
Connecticut (Mr. Larson), who is not only a member of the Committee on 
Armed Services but is the ranking member of the Committee on House 
Administration.
  Mr. LARSON of Connecticut. Mr. Chairman, I thank the gentleman from 
Missouri (Mr. Skelton) for yielding me this time.
  I applaud the efforts of the gentleman from Missouri, who has 
distinguished himself on this committee, along with the gentleman from 
California (Chairman Hunter). I do rise, however, with strong 
reservation, as was already noted earlier today, about the 
environmental concerns, an issue with the Spratt amendment on 
cooperative threat reduction. Only recently on PBS we saw the 
documentary on avoiding Armageddon, and clearly we need that amendment 
to make sure that we are able to address this crucial and vital 
national security interest.
  But my main objection stems from denying more than 750,000 workers 
their collective bargaining rights under civil service. The other body 
saw fit not to provide that in their proposal. I hope that through the 
rule or through discussion we are going to be able to alleviate that in 
our proposal as these deliberations go forward. As the gentlewoman from 
California (Ms. Pelosi), our leader, has often said, our troops deserve 
a bill that is worthy of their sacrifice. It is my sincere hope that 
through the continued efforts of these two fine gentlemen, both the 
gentleman from Missouri (Mr. Skelton) and the gentleman from California 
(Mr.

[[Page 12477]]

Hunter), that allows us to be in a position in a bipartisan manner to 
support this bill.
  Mr. BARTLETT of Maryland. Mr. Chairman, I yield such time as he may 
consume to the gentleman from Maryland (Mr. Gilchrest), my colleague 
and very good friend, who is not on our committee but has a very 
important contribution to make to this debate.
  Mr. GILCHREST. Mr. Chairman, I rise in strong support of H.R. 1588 
and urge my colleagues to vote for it. I also rise, if I may, in 
support of all the young men and women who are serving in our Armed 
Forces. I also want to say that the gentleman from California (Chairman 
Hunter); the gentleman from Missouri (Mr. Skelton), ranking member; the 
gentleman from New Jersey (Mr. Saxton); and certainly the gentleman 
from Maryland (Mr. Bartlett) have brought a fine bill to the House 
floor.
  I want to speak briefly to the environmental provisions in the bill 
here this afternoon. Some slightly unknown provision called the Sikes 
Act has been in effect since 1960 and has provided a means for our 
military to conserve fish and wildlife with the fish and wildlife 
agencies on 25 million acres of military land across this country; and 
for the most part they have done quite well, in some circumstances a 
magnificent job. It has been on this floor today alleged that we are 
going to change or degrade or reduce the effectiveness of the 
Endangered Species Act. This is not true. There is a provision in this 
bill that authorizes military facilities with cooperation of the Fish 
and Wildlife Service, with National Marine Fishery Service, and the 
fish and game agencies of the States to create what is called a Natural 
Resource Management plan, and what that Natural Resource Management 
plan does, it can or it may replace ESA's critical habitat designation. 
This Integrated Natural Resource Management plan is actually more 
effective than the critical habitat as described in the Endangered 
Species Act because it is a holistic approach, it is an ecosystem 
approach to those problems which threaten an endangered species. It 
also integrates what the military does with off-site private land. This 
is an integrated approach. It is an approach that can be extremely 
effective and the criteria on which these Integrated Natural Resource 
Management plans are based are very specific criteria to ensure the 
protection and recovery of species. So this legislation improves the 
Endangered Species Act.
  It has also been said that it is going to reduce the effectiveness of 
the Marine Mammal Protection Act under certain circumstances. This also 
is not true, and I understand the disagreement as to the language when 
one deals with what is harassing a marine mammal. What we have done 
across the board is to hold many hearings with the Department of 
Defense, with Fish and Wildlife, with the National Marine Fishery 
Service, with university scientists from as far afield as Hawaii, where 
we visited to look at marine mammals; Woodshole in Massachusetts, which 
we visited again to look at the problems with marine mammals.
  When we implemented the change of the definition, we had two things 
in mind: the effectiveness of military training, which is critical; and 
enhanced protection for marine mammals and an understanding of how we 
as human beings coordinate our activities with the world's oceans. We 
took into consideration noise. We took into consideration resonance, 
decibels, variations in sonar. So in places in this legislation we are 
improving the process of understanding human activity in the ocean by 
protecting marine mammals and improving the quality of training for our 
military. So we have improved ESA. We have improved the Marine Mammal 
Protection Act. We have improved the Sikes Act provision which protects 
conservation on 25 million acres of land, and we have improved 
America's ability to train young people that go into harm's way. And I 
urge support on H.R. 1588.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Rhode Island (Mr. Langevin), a member of the Committee on Armed 
Services.
  Mr. LANGEVIN. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  As a member of the House Committee on Armed Services, I am very 
pleased to speak in support of this bill before us. I wish to thank the 
gentleman from California (Chairman Hunter) and the gentleman from 
Missouri (Mr. Skelton), ranking member, for their outstanding 
leadership in crafting a bill that will provide for our military and 
the men and women who serve in it the resources they need to keep 
America strong in the 21st century.
  I am pleased with the provisions of the legislation, particularly 
that demonstrate Congress's commitment to the role of submarines as an 
essential part of a strong naval fleet. The authorization of multiyear 
procurement for the Virginia class submarine will encourage more rapid 
and cost-effective production of this important system and give the 
United States Navy new capabilities to respond to future threats.

                              {time}  1500

  The people of Rhode Island have historically played an integral role 
in submarine production, and I am pleased that we will be a part of 
this important aspect of military transformation.
  I remain concerned, however, with several controversial provisions of 
the measure that would undermine existing environmental and civil 
service protections. The Department of Defense's legislation 
recommendations delivered to Congress only shortly before the Committee 
on Armed Services began its markup requested changes to make its 
civilian employees more competitive and to enhance military readiness. 
Well, if the DOD wants assistance in these areas, then I believe it is 
our duty to work with them toward that important goal. However, their 
unprecedented effort to alter employment rules for 700,000 workers 
deserves no less than extensive and thoughtful discussion, which we, 
unfortunately, did not have.
  Furthermore, the broad environmental exemptions in the bill exceed 
the needs of military readiness, and, unless amended, could pose a 
serious threat to mammals and endangered species.
  Mr. Chairman, I hope that we will be able to address these problems 
during the upcoming amendment process so that all of my colleagues will 
be able to support this measure without reservation.
  Mr. BARTLETT of Maryland. Mr. Chairman, I reserve the balance of my 
time.
  Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from 
Tennessee (Mr. Cooper), a member of the Committee on Armed Services.
  Mr. COOPER. Mr. Chairman, I thank the chairman and the ranking member 
of the Committee on Armed Services for their overall fine work on this 
bill.
  Due to the shortness of time, I would like to focus on one, 
unfortunately, negative aspect of the bill. It starts on page 349.
  I would urge all of my colleagues not on the committee to pay 
particular attention to these sections, because they deal with the 
750,000 Pentagon civilian employees, DOD employees, who are some of the 
finest civil servants in our Nation's history.
  Remember, these are the employees who were attacked viciously on 
September 11, 2001, with the terrorist attack on the Pentagon. These 
are the employees who have served so skillfully and with such hard work 
and dedication that we honored them in our committee last week with a 
resolution commending them for their actions.
  This section of the bill is one of the most radical and risky reforms 
undertaken in almost half a century; and, unfortunately, it is being 
undertaken with very little real consideration. The first draft of 
language was presented to Congress on April 29, just about 3 weeks ago. 
We had one hurried hearing. There was no subcommittee markup of this 
language; and no improving amendment was allowed in full committee, 
despite the great length of the markup at full committee.
  Members should be aware of the radical changes that are undertaken by

[[Page 12478]]

this language. I think we all in this House support our troops. I would 
hope that we also support the civilian workers in DOD who are 
supporting our troops every day.
  What does this language do? Well, at best, it throws these careers 
into great uncertainty, and, at worst, it could harm the morale and 
throw them into a situation of favoritism and patronage.
  We have an amendment that we are hoping the Committee on Rules will 
allow us to offer. This amendment would establish a DOD Civilian 
Employee Bill of Rights so that we could make it clear that we are in 
favor of flexibility in management in the Pentagon, that we are in 
favor of pay for performance, but we are also in favor of basic civil 
rights for our DOD employees.
  This amendment, for example, makes it clear in plain English, which 
the text of the bill does not do, that employees at the Pentagon and 
DOD should be free from favoritism or discrimination. We preserve the 
veterans' preference. If veterans do not get preference as Pentagon 
employees, where on Earth can they get it?
  We require the Pentagon to bargain in good faith. That language is 
nowhere in this bill. We preserve such things as hazardous duty and 
overtime pay for these workers. Why were these protections explicitly 
taken out of the language that is in this bill? We preserve the right 
to collective bargaining, a fundamental American right.
  So, Mr. Chairman, it is important that House Members pay attention, 
and hopefully the Committee on Rules will allow our amendment to be 
made in order so this can be a fairer bill.
  Mr. BARTLETT of Maryland. Mr. Chairman, I yield such time as he may 
consume to the gentleman from Ohio (Mr. Turner), an expert on civil 
service regulations, from Dayton, Ohio, the home of a great military 
base, Wright-Patterson, where there are a lot of civil servants.
  Mr. TURNER of Ohio. Mr. Chairman, this bill is an important bill 
because it provides an opportunity for true reformation of the 
Department of Defense in its effort to go into the new century.
  Certainly we have tremendous successes that we have seen through the 
Department of Defense and our civilian employees and our men and women 
in uniform. But the opportunity to always achieve more and to have 
greater efficiencies is there before us.
  What we are doing in this bill in the area of the civil service is 
not something that is unknown or is speculative. It is based upon 
demonstration projects throughout the country, where civil service 
employees who have participated in it have found greater satisfaction, 
greater pay based on performance, greater retention of those employees 
who are contributing, a greater feeling that their work actually makes 
a difference with respect to their success and certainly the overall 
success of the Department of Defense.
  There have been many things that have been said over the past debate 
concerning this that are just absolutely not true. There have been 
allegations that collective bargaining is not preserved in the bill, 
but in fact the bill specifically references collective bargaining, and 
on page 1118, lines 14 to 15 of the bill before the Committee on Armed 
Services specifically set out language requiring collective bargaining.
  Similarly, the civil rights provisions are specifically provided in 
the bill, both by reference and by specific statement.
  The allegations of nepotism are specifically not true. Section 
9902(b)(3)(A) and (B) and also the incorporation of 5 USC 2302(b)(7) 
specifically prohibit nepotism.
  Within the area of political patronage allegations, the bill 
specifically says that employees are protected against any actions 
based upon political affiliation. This is language in the bill.
  What is interesting as we listen to the debate, as we listen to 
people that make allegations that say this bill is egregious in its 
impact to employees of the Department of Defense, their allegations 
really go to the extent that they would shock your conscience, if they 
were true.
  But they are not true, because, in fact, in the committee 58 to 2 was 
the vote in the Committee on Armed Services, and the gentleman from 
Tennessee voted for the bill that includes all of these provisions.
  Certainly, if all of these things were true, the gentleman from 
Tennessee and others would have found it in their conscience to try to 
defend them. But the reality is they are specifically included in the 
bill.
  Veterans preferences are specifically identified and referenced in 5 
U.S. 2302(b)(11). The Department of Defense has done a great job in 
making certain our veterans have access to the Department of Defense as 
part of the workforce.
  The McHugh amendment in this provides for a grievance protection 
system in the civil service system.
  In short, this bill provides the opportunity for the Department of 
Defense to look to the future, while protecting the rights of civil 
servants and actually giving them opportunities in known demonstration 
projects for greater achievement.
  Mr. SKELTON. Mr. Chairman, I yield 30 seconds to the gentleman from 
Tennessee (Mr. Cooper).
  Mr. COOPER. Mr. Chairman, the gentleman, my friend from Ohio, 
realizes that this bill is being rammed through Congress with an 
absolute minimum of discussion. The protections that the gentleman 
makes an effort to reference, such as collective bargaining, is not 
collective bargaining as the Nation understands it but collective 
bargaining as defined in that chapter in that bill, which really gives 
no definition. Ask folks who know about collective bargaining, and the 
gentleman will find that real collective bargaining rights are not 
preserved in the bill.
  Mr. SKELTON. Mr. Chairman, I yield 30 seconds to the gentleman from 
Maryland (Mr. Hoyer), the minority whip.
  Mr. HOYER. Mr. Chairman, I have been working 23 years on civil 
service. I was very pleased to hear the observations of the gentleman, 
who has had 5 months experience here dealing with this issue.
  I agree with the gentleman from Tennessee. The only reason to rush 
this to judgment is because they are unwilling to debate it fully and 
to have it open for amendment fully. If they had the courage of the 
gentleman from Ohio's assertions, they would not fear having this fully 
considered and debated. That is not the case though, I tell my friend.
  Mr. Chairman, I hope we have an amendment. I hope we are able to 
discuss it fully, at which time we will be able to discuss his 
thoughts, as the gentleman indicated, which gives some rhetorical tip 
of the hat to those protections. But they ultimately will be in the 
discretion of the Secretary and the management at the Pentagon, not of 
the Congress or the President.
  I would hope that the gentleman would review more closely his 
assertions and that perhaps we could discuss them at greater length at 
some time in the future.
  Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Guam (Mr. Bordallo), a member of the Committee on Armed Services.
  Ms. BORDALLO. Mr. Chairman, as a member of the Committee on Armed 
Services, I rise in support of the bill before us.
  Let me briefly highlight three provisions of which I am very proud.
  First, the legislation increases the number of nominations to a 
military academy that a Delegate may have.
  Second, the act authorizes a new 5-year pilot program for invasive 
species eradication on military installations in Guam.
  Third, the legislation includes two military construction projects 
for Guam in fiscal year 2004. It authorizes $1.7 million for the 
construction of the Victor Wharf Fender System for our nuclear 
submarines, and it authorizes $25 million for the construction of a new 
medical and dental clinic at Anderson Air Force Base.
  Much could be said, Mr. Chairman, as to the procedures by which 
contentious aspects of this legislation have appeared, such as the 
civil service provisions, but, nonetheless I am pleased

[[Page 12479]]

that we have taken action to strengthen the defense of our Nation 
through this piece of legislation.
  I would like to thank the gentleman from California (Chairman Hunter) 
and the ranking member, the gentleman from Missouri (Mr. Skelton), for 
managing this challenging process.
  Mr. BARTLETT of Maryland. Mr. Chairman, I reserve the balance of my 
time.
  Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from 
South Carolina (Mr. Spratt), not only a member of the Committee on 
Armed Services but the ranking member on the Committee on the Budget.
  Mr. SPRATT. Mr. Chairman, I thank the gentleman for yielding me time.
  Mr. Chairman, we are going through what is basically a pro forma 
debate here, because this bill is off limits to serious debate. When 
you cannot offer an amendment you are only shadowboxing about the 
provisions of the bill, if you are not really putting in the well the 
issue itself and letting the House work its will on the bill, and that 
is the situation we have here.
  We are seeing procedural devices employed by virtue of this rule 
which keep us from having substantive consideration for the most 
contentious parts of this bill.
  This bill runs rough-shod over two major environmental laws. No 
recourse. This bill dis-establishes the civil service as we have known 
it for almost 100 years. Virtually no recourse on the floor. This bill 
takes a provision that the President of the United States requested for 
funding a very important project under the Nunn-Lugar Act, Cooperative 
Threat Reduction, in Shchuch'ye, Russia, where some 75 percent of the 
deadly chemical weapons in the arsenal of the former Soviet Union are 
stored in makeshift buildings with porous roofs under woeful conditions 
that, in my opinion, are security risks.
  We have finally gotten everything together so we can move forward 
with a facility here. The funding is requested by the President of the 
United States to move forward with this facility. And guess what? We 
are right at the threshold of a significant undertaking that matters to 
our security and the rest of the world, and this bill hog-ties the 
President's request, hamstrings everything that is carefully laid in 
place, so we cannot begin. We cannot use the money that the President 
has requested.
  This bill takes $28 million out of that project and puts it in 
offensive arms elimination, which is fully funded. It then fences 
another $100 million until they can show us that every permit needed 
over the lifetime of the project is procured, which is an impossible 
hurdle to clear.

                              {time}  1515

  So that is what is at stake here. That project, in my opinion, is not 
as important as the substantive decision to disestablish the civil 
service, but it is important. It sets a model for how cooperative 
threat reduction will proceed in Russia. It is the single most 
important thing we are doing in that realm in terms of ridding that 
country of chemical weapons which could one day show up in our subways, 
on our streets, used by terrorists and rogue states against us.
  But we will not be able to have a free, full, and fair debate about 
that because the rule that now prevails prevents us from doing that.
  What I would say, Mr. Chairman, as one last plea, is that we need a 
rule that allows us to work the will of the House on this highly 
important bill. This bill will increase defense spending to $400 
billion, makes major allocations within our budget. That is a $110 
billion increase over the last 3 years.
  On a matter of this gravity, of this importance, we need to have full 
and free and fair debate here in the well of the House. This should be 
America's forum, a crucible where we work out important issues like 
this. The rule they have adopted diminishes the stature of the House of 
Representatives.
  Mr. Chairman, the rule governing today's debate on the fiscal year 
2004 defense authorization act, we are told, is just part one of two. I 
hope that in part two we are allowed to debate an amendment I offered, 
together with Adam Schiff, on behalf of scores of Members supportive of 
the President's request for Cooperative Threat Reduction.
  When I testified at the Rules Committee yesterday, I filed and sought 
consideration of only one amendment, which I offered with 
Representative Schiff, who has been active on these issues. I can 
describe our amendment in very simple terms: it seeks to restore the 
President's request for the fiscal year 2004 program. Let me elaborate.
  The President's request for the Department of Defense Cooperative 
Threat Reduction (CTR) program from fiscal year 2004 totaled $450.8 
million, and the Armed Services Committee authorized that amount. But 
don't be fooled: the committee bill makes substantial changes to the 
President's request for CTR.
  First, the committee bill transfers $28.8 million from chemical 
weapons destruction activities in Russia--work at the Shchuch'ye 
facility--to strategic offensive arms elimination. The cut of nearly 
$30 million from the Schchuch'ye project will slow construction of this 
critically needed facility and postpone the day we begin to destroy 
chemical weapons there. My amendment restores these funds to Shchuch'ye 
leaving funds for both strategic offensive arms elimination and 
Shchuch'ye at the requested level.
  Shchuch'ye represents a wake up call as to urgency of the problem of 
proliferable chemical weapons. In a building that is little more than a 
fortified barn, chemical munitions are lined up like wine bottles.
  Shchuch'ye is home to a majority of Russia's weaponized stocks of 
nerve gas and sarin. While security there has been upgraded by the CTR 
program, the munitions at Shchuch'ye remain portable, and the security 
almost certainly penetrable. None of us that visited left without 
believing the United States should accelerate the destruction of these 
munitions, and I was pleased to see the President recommended exactly 
this course in his fiscal year 2004 request.
  At Shchuch'ye, the United States has complete access to a critical 
WMD storage site, where some of the deadliest and most portable 
chemical munitions in the world are housed with minimal security, and 
the Russians are saying, come on, we'll work with you to build a 
facility to destroy the weapons. The bottom line is this: the chemical 
weapons stored at Shchuch'ye represent a critical threat to U.S. 
security, and a cut to the President's request for this project is both 
unwise and unwarranted.
  My amendment also strikes several new restrictions imposed on the CTR 
program by the committee bill, found in sections 1303 through 1307.
  In section 1303, the Chairmans' mark creates an impossible hurdle for 
the work at Shchuch'ye or any other CTR project, by requiring that all 
permits ever needed over the lifespan of a CTR project be presented to 
Congress before more than 35 percent of the cost of the project can be 
obligated. There is literally no way for a planner or program manager 
to reliably envision each and every permit that might ever be needed to 
complete that project. Yet the committee mark says funding for any 
project, new or incomplete, stops at 35 percent of total cost until 
every permit is not only identified, but obtained. Our amendment 
restores the President's request by striking section 1303 and replacing 
it with a common sense proposal.
  I agree with Chairman Hunter that the Department of Defense needs to 
do a better job planning for the uncertainties that come with doing 
business in Russia. DOD testified on March 4 to the Armed Services 
Committee that they have taken specific measures to address the issue. 
Assistant Secretary J.D. Crouch told the committee DOD has ``instituted 
a program of semi-annual executive reviews with Russia to re-validate 
project plans, assumptions, and schedules on a regular basis,'' and 
noted that OSD has asked the DOD inspector general to review how CTR is 
organized, more broadly. The first phase of the IG review is already 
complete.
  That said, I understand that Congress needs visibility into potential 
problems, like the one at Votkinsk, and I have a proposal that will 
give us just that. My amendment would require annual notice to Congress 
of all permits ``expected to be required'' for completion of a project, 
and an annual status report on DOD efforts to obtain them. To ensure we 
get this information annually, with the budget submission, only 35 
percent of funds for CTR projects would be available each year until 
DOD submits the report. This information will enable Congress to make 
wise decisions about specific CTR programs, without grinding important 
work to a halt, and is in keeping with the administration's request to 
Congress.
  Section 1304 of the bill adds another new restriction: it requires 
on-site managers at any Department of Energy nonproliferation project 
in the former Soviet Union. The administration

[[Page 12480]]

opposes the requirement, and has noted that the cost, both in dollars 
and in diplomatic capital, of such a requirement could be prohibitive. 
In fact, DOE has noted that it already has strong oversight of its 
program activities in place, which includes frequent visits to sites, 
stringent contract access and work-performance requirements, and close 
cooperation with the U.S. Embassy and DOE Moscow Embassy Office.
  Section 1305 of the bill is not a fence, but it would undo an 
important administration request that the DOD be allowed to spend up to 
$50 million in prior year unobligated balances on WMD destruction 
outside the FSU, if such work becomes necessary. The committee bill 
mandates that if any such work is to be done, it be done by the State 
Department, with funds transferred from DOD to State. This is misguided 
policy, at odds with both the administration's request and a bipartisan 
effort last year to create such authority. Our amendment strikes 
section 1305 and restores the President's request.
  Another fence can be found in section 1306, which establishes new 
requirements for any work at biological weapons sites. The 
administration did not request oversight at this point, and new 
restrictions will likely only slow progress.
  Finally, section 1307(b) fences $100 million of the President's 
request for chemical weapons destruction at Shchuch'ye--that is, of 
what's left after the $29 million cut in the base bill--until Russia, 
or some other nation, puts up one-third of the total cost of the 
project. But our agreements with Russia for construction at Shchuch'ye 
require no such percentage-based contribution. Our agreement specifies 
a functional division of labor: Russia builds the infrastructure needed 
to manufacture a city next to nowhere in the Urals; we construct the 
chemical weapons destruction facility.
  According to DOD, Russia is meeting its financial obligation at 
Shchuch'ye, and further, is contributing a significant resources 
elsewhere to destroy other chemical munitions, including blister agents 
no housed at Shchuch'ye. The Congress already gets regular updates on 
funding and international contributions to Shchuch'ye. And the 
administration testified earlier this year before this committee that 
it does not need new oversight measures. Now, with Russia on board and 
the administration asking to accelerate work at the facility, is not 
the time to add new and unwarranted hurdles.
  Let me just conclude by saying again, the intent of our amendment is 
simply to uphold the administration's request. In terms of policy and 
funding, that is what the amendment does, with the modest exception the 
accountability provision I mentioned, which should equip Congress with 
a good tool to enhance its already vigorous oversight of these 
programs.
  This amendment should win bipartisan support, and I hope rule No. 2 
for this defense bill will make the Spratt-Schiff amendment in order.
  Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from 
Ohio (Mr. Ryan), a member of the Committee on Armed Services.
  Mr. RYAN of Ohio. Mr. Chairman, I thank the gentleman from Missouri 
for yielding to me, and I thank the gentleman for his fine leadership, 
especially on the ``Buy American'' provisions that are in this bill 
that we have strengthened, and also the gentleman from Illinois 
(Chairman Manzullo) from the Committee on Small Business, and the 
gentleman from Ohio (Mr. Hobson), as well, the gentleman from Missouri 
(Mr. Skelton), for all their help strengthening the ``Buy American'' 
provision.
  This is really not a Democrat or Republican thing; this is a shift 
from the United States Congress to the executive branch to make major 
decisions.
  Nobody came before the people to say it was okay. We are losing. The 
right to receive a veterans' preference is gone. The right to be free 
from discrimination based upon political opinion is gone. The right to 
overtime pay is gone. The right to collective bargaining rights is 
gone. The right to due process, gone; the right to an attorney if you 
are fired inappropriately, gone.
  We just won a war in less than 100 days. This is the thanks we give 
these people. We want flexibility. We understand the new global order 
and we want to help. We should pass a bill of rights, which the 
gentleman from Tennessee (Mr. Cooper) has been pushing. We should pass 
it, not because we are going to protect the Constitution, not because 
it is a Democratic thing, but because these ladies and gentlemen in the 
Department of Defense deserve it.
  Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentlewoman from 
the District of Columbia (Ms. Norton).
  Ms. NORTON. Mr. Chairman, I thank the distinguished gentleman from 
Missouri for yielding time to me. I thank him for his hard work on this 
bill, which I find for the most part unexceptional.
  My amendment essentially from the Committee on Government Reform 
preserving certain appeal rights for Department of Defense civil 
servants, has been included in this bill. My concern is that the 
Committee on Armed Services had thrust upon it an area that should not 
be in that bill. Yet they said to deal with it, because that is the way 
the rule works, involving the civil service.
  What essentially happens in this bill is the establishment of a new 
and separate personnel system without basic civil service protection or 
collective bargaining rights for Department of Defense employees. It is 
the first time we have separated out any civilian employees in this way 
in 100 years. We have taken OPM out of it, even though they are the 
only organization with expertise in civil service.
  Of course, there are some stated collective bargaining and civil 
service rights here, but they are all waivable. They are either waived 
or waivable. We have somehow decided to reform the personnel system for 
DOD before we reform military DOD itself. It mars this bill. I hope 
somehow we are able to fix it.
  Mr. SKELTON. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from Georgia (Mr. Scott), a member of the Committee on Financial 
Services.
  Mr. SCOTT of Georgia. Mr. Chairman, I thank the gentleman for 
yielding time to me. I am delighted to be here. I want to certainly 
extend my commendations to the Committee on Armed Services. This is a 
very important bill, and I rise to support this measure wholeheartedly 
and very strongly.
  In my district of Georgia, I represent Fort McPherson and I also 
represent Fort Gillam, two very critical bases that play an important 
role.
  We need to pass this measure as a strong, strong vindication and a 
way of showing great appreciation to members of our Armed Forces, who 
put their lives on the line and brought victory in Iraq. But also, as 
we look ahead into the future, we see a time and we see issues 
developing of unknown certainty.
  Let nobody misunderstand: we want the world to know that the United 
States of America is going to and must always have the foremost and 
strongest military presence in the world. This bill, H.R. 1588, goes a 
long measure to doing that.
  Also, Mr. Chairman, as one of those strong supporters of this 
measure, I do want to call attention to this issue of civil service, 
where we are taking away the collective bargaining and employment 
rights of 700,000 employees.
  The issue here is not whether we do it or not, but the issue is, in 
this legislative body, is it not our function to ask the questions? 
This should not be done in the quiet of night in a back room. We are 
affecting employees, defense employees in this country. We need to ask 
the question why. Is it needed? Is it a matter of national security 
that we allow changes for the Pentagon civilian personnel system to 
allow the Secretary of Defense to strip from the Department of Defense 
employees their most basic workers' rights, including collective 
bargaining, due process, appeal rights, and the annual congressional 
pay raise?
  These are very important questions. All we ask for is the opportunity 
to do our job as Congressmen and Congresswomen, to ask the questions, 
and to get the answers. If this is a measure that must be passed, then 
we will do so.
  Mr. BARTLETT of Maryland. Mr. Chairman, I yield such time as he may 
consume to the gentleman from Ohio (Mr. Turner).
  Mr. Chairman, the thinnest sheet of paper has two sides, and I yield 
to the gentleman for a look at the other side of this sheet of paper.
  Mr. TURNER of Ohio. Mr. Chairman, it is interesting, hearing the 
debate

[[Page 12481]]

about this bill, and the issues and opportunities for debate on the 
issues and input for amendments.
  I serve on the Committee on Government Reform and the Committee on 
Armed Services, which this bill went through. We had over 10 hours of 
committee debate, including consideration of numerous amendments, and 
20 hours on the Committee on Armed Services, including numerous 
amendments.
  Clearly, we had a full and exhaustive discussion. No back-room 
discussions here. This was out in the open, with full participation and 
full airing of the amendments that were presented.
  One thing we know is that the need for this is evident in some of the 
circumstances that we currently have in the Department of Defense. 
Members can look at some of the experiences that have occurred.
  It took the American Federation of Government Employees and the Air 
Force 10 years to bargain over day care centers. Bargaining disputes 
led to an arbitration hearing, two appeals to the Federal Labor 
Relations Authority, two court challenges, a petition to the Supreme 
Court, a Court of Claims case, a decision by the Comptroller General, 
and $750,000.
  Similarly, a case in St. Louis over an annual employee picnic took 6 
years and $275,000.
  A dispute over an agency's decision to close its facilities over a 
holiday weekend and require employees to use 1 day of leave took 8 
years to resolve.
  These are not issues that should be addressed at the expense of 
national security. Other agencies have similar flexibilities that we 
are providing to the Department of Defense, the CIA, the DIA, the NSA, 
NIMA, TSA, FAA, IRS, Foreign Service, and the GAO.
  The Department of Homeland Security has many of the same 
flexibilities, including equally broad labor-management flexibility.
  What is really important, and the allegations of what this is doing 
to employees are not true, the basic rights of employees are protected. 
Collective bargaining is specifically mentioned in the bill and is a 
right granted to the employees, both on a national and local level.
  Civil rights are specifically protected and are referenced in 
9902(b)(3)(c), and also the ability to have an appeals process. The 
McHugh amendment provided for an appeals process so grievances and 
disputes can be heard. The bill protects employees' rights, at the same 
time providing the flexibility we need as we move into the next 
century.
  Mr. SKELTON. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman 
from Maryland (Mr. Van Hollen).
  Mr. VAN HOLLEN. Mr. Chairman, I thank my colleague for yielding time 
to me.
  As we have heard, tucked into this bill, Mr. Chairman, which is so 
important to our national defense, is a provision that I believe could 
have long-term negative consequences for our military readiness and 
effectiveness. It is a provision that will rewrite the rules for 
700,000 civil service employees in the Department of Defense.
  Mr. Chairman, in our committee, the Committee on Government Reform, 
when the representatives from the Department of Defense came to 
testify, they made it clear that our military success in Iraq was the 
result of a team effort, a team effort between the military and between 
the civil servants within the Department of Defense that provided them 
the support. It was a true partnership.
  Yet, just a few weeks after our military success in Iraq, the 
Pentagon launched what can only be described as a sneak, surprise 
attack on the rights of those civil servants within the Department of 
Defense. It is very ironic that just a few weeks after this body passed 
legislation endorsing the good work of public employees, that we would 
take this action that treats them so unfairly.
  Mr. Chairman, there has been an amendment proposed that would strip 
these provisions or change these provisions in the bill. It should be a 
bipartisan amendment, it should be a nonpartisan amendment, because 
otherwise what this bill does is gives the Secretary of Defense, not 
just this Secretary but any Secretary of Defense, Republican or 
Democrat down the road, the unchecked authority to rewrite the rules 
for civil servants within the Department of Defense, the rules with 
respect to hiring, firing, pay, bonuses.
  It will greatly damage our security if we open the Department of 
Defense to party politics. We want a personnel system that rewards 
people based on merit, not based on political favoritism. We want, for 
example, our procurement officers to be looking out for the public 
interest, to be looking out for our national interests, not the 
interests of the most politically connected contractors.
  I strongly support pay for performance; but it should be merit-based 
performance, not a political loyalty test. Last December we saw the big 
bonuses going to those who were political appointees within the 
administration.
  I think this bill, which is so important to our national security, 
should not contain this one provision that I think will damage our 
national security interests in the long run.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Florida (Mr. Meek), a member of the Committee on Armed Services.
  Mr. MEEK of Florida. Mr. Chairman, I thank the gentleman for yielding 
time to me.
  Mr. Chairman, I think it is important for us to remember that this 
Committee on Armed Services bill is a needed bill and something that 
this country and our troops need. But at the same time, as it relates 
to those individuals that we hold up most, those civilian employees 
that are in the Department of Defense, some 700,000-plus employees, 
they are getting ready to be a part and victim of a political patronage 
situation.
  We had an opportunity in the committee and we have an opportunity, or 
hopefully we will have an opportunity on this floor if we can get an 
amendment up, to put in this bill directing the Secretary of Defense to 
consult with legal counsel in making sure that we have strong rules 
against political favors, political pay increases, or whatever the case 
may be.
  I will tell the Members of this Congress throughout all of our 
districts throughout this country, we do not want people at the 
Supervisor of Elections Office changing their party affiliation based 
on the administration that is serving.

                              {time}  1530

  If we appreciate and care about these employees, the politicalization 
of the Department of Defense is not the place for it to happen. This is 
a very serious, serious issue; and I want to make sure that the Members 
of this House are on full alert that it is very important that we do 
not allow individuals to have to, because they were a part of some 
campaign, that they are now a part of the Department of Defense. We 
want the best employees there possible; and I think it is very, very 
important that Members give strong consideration to this.
  Please allow the Democrats on this side to be able to put forth 
amendments that are going to make this bill better. If this career 
service employment bill was so great, if this reform was so great, why 
can it not be a stand-alone bill? Why can it not be a stand-alone bill 
without putting it in the Department of Defense? Please let us not have 
to put donkeys and elephants on the canteens on our military bases.
  Mr. SKELTON. Mr. Chairman, how much time do I have remaining?
  The CHAIRMAN. The gentleman from Missouri (Mr. Skelton) has 21\1/2\ 
minutes remaining, and the gentleman from Maryland (Mr. Bartlett) has 
13 minutes remaining.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Massachusetts (Mr. Markey).
  Mr. MARKEY. Mr. Chairman, we are not going to be debating star wars, 
the missile defense program, out here on the House floor.
  Now I made a request to the Committee on Rules that they put in order 
an amendment which I wanted to make

[[Page 12482]]

which said that the missile defense system cannot be deployed until it 
is proven to work. In other words, the old defense test that you have 
got to fly before you buy. And that applies to every other weapons 
system, but it is not going to apply to missile defense. They want to 
deploy it even before they have proven that it works.
  Now the interesting thing is that it is kind of a fantastical 
concept, but the Missile Defense Agency has actually put together, I am 
not kidding you, a Missile Defense Agency coloring book which they pass 
out to schools so they can help kids to understand how this system, 
which they do not want to test before it flies, will work. They 
actually have crayons that go with it. I am not kidding you. But 
unfortunately it says ``Made in China'' on the crayons, which means we 
should color this part Red in the book for the Red Chinese that we are 
going to deploy the missile system to protect ourselves against.
  Then you reach the next part of the little coloring book, Ronald 
Reagan, who we can color red, white and blue, a great patriot who 
really believed in this system. He always did. But unfortunately it has 
yet to be proven to work. So that is red, white and blue.
  Next we have the ground-based mid-course defense. Unfortunately, the 
incoming missile has to yell ``yoo-hoo'' at the rest of the world so 
that it can be shot down by the Defense Department. So we can color 
that black.
  Finally, we have the airborne laser in the cartoon which is supposed 
to be on a plane. But the plane is so weighted down that it cannot fly, 
so we can color that gold for gold-plated for the Defense Department.
  None of this will be debated on the House floor, although they have 
taken the time to give us a missile defense coloring book so we can all 
play out here on the floor rather than debate the national defense of 
our country.
  Mr. SKELTON. Mr. Chairman, I yield 1 minute 40 seconds to the 
gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the distinguished 
ranking member for yielding me time, and I would like to add my 
appreciation to the gentleman from Missouri (Mr. Skelton) for his 
continued commitment to this process and the chairman of the committee 
for his continued commitment and the collaborative efforts that they 
have made together.
  I would like to rise to cite that there are very important aspects of 
this bill, Mr. Chairman, that I support. It is noteworthy that Fort 
Hood in Texas sent more troops to the war in Iraq than they sent over 
the last couple of wars and particularly World War I, World War II. So 
we have a stake in the outcome of treatment of the United States 
military and the outcome of this war in Iraq.
  So the first order of business would be to thank our troops for their 
service and to acknowledge as we go home this weekend that we will be 
honoring the dead and celebrating and mourning with their families for 
the great and ultimate sacrifice that they gave. That is why this bill 
is so important to be accurate and to be inclusive.
  I would have hoped that the gentleman from Tennessee's (Mr. Cooper) 
amendment could have been included. That was responsive to many 
concerns of many of my constituents.
  I also believe it is important to note, as I believe General Franks 
was very clear in his words to some of us who visited him in Doha 
Qatar, that he understands Americans stand side by side in their 
support for the troops, but it is important that we now begin to focus 
in an inclusive way on the aftermath, peace in Iraq, and we have not 
done that. And there is not much, as I understand, in this legislation 
that deals with that question. So we have to focus on that, how the 
military and Ambassador Bremer work together.
  Finally, Mr. Chairman, I think it is extremely important that we 
focus on the question of making sure that there is transparency in the 
contracts for rebuilding Iraq, more opportunities for women-owned 
business, more opportunities for small businesses, more opportunity for 
minority businesses. It is extremely important.
  I hope that we will have the opportunity to debate these amendments 
because I have small business persons in my office today wondering why 
they have not been exposed to the opportunities of helping America, 
helping our troops and helping to rebuild Iraq by the American people. 
Let us open the doors of opportunity. Let everybody work for the 
betterment of this nation.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Hawaii (Mr. Abercrombie), the ranking member of the Subcommittee on 
Tactical Air and Land Forces.
  Mr. ABERCROMBIE. Mr. Chairman, aloha. I delighted to see you today.
  Mr. Chairman, as the ranking Democrat on the Subcommittee on Tactical 
Air and Land Force, I have the distinct pleasure of working with my 
good friend, the gentleman from Pennsylvania (Mr. Weldon). I do not 
believe I see him on the floor at the moment. I see other good friends 
from the committee.
  I wanted to express my personal appreciation to the gentleman from 
Pennsylvania (Mr. Weldon). His impressive familiarity with the details 
of the numerous programs under our subcommittee purview is one of the 
major reasons we are considering a defense authorization that correctly 
addresses the hardware needs of the military.
  Our subcommittee held many in-depth, rigorous oversight hearings on a 
variety of programs, and I think our adherence to a sound process in 
this arena has served our committee, the Congress, and the Department 
of Defense very well.
  While we dealt with significant programs in all services, this bill 
explicitly recognizes the importance of a strong Army. The Army has had 
an uphill fight inside the Pentagon the last few years, and I think the 
recent war showed how capable they really are.
  I am especially pleased that our bill does no harm to the future 
Stryker Brigades and that the committee was able to come to an 
agreement about fencing off funding for the remaining brigades. We have 
struck a blow in a couple of cases for better program management. I am 
glad to see that the F-22 cut its cost. We fenced further money until 
its software works the way as it is promised.
  The Army's future combat system may be a good thing. It is hard to 
tell because its budget structure makes it hard to evaluate. We changed 
that structure so that everybody can see whether the future combat 
system will work.
  We are working on some very advanced systems in all the services. I 
believe we have struck the right balance between future forces and our 
legacy systems. In funding modernization of our heavy forces, this bill 
ensures that we do not sacrifice the real combat capability today for 
the promise of capability in the future.
  I would like to conclude and I would be remiss, Mr. Chairman, if I 
did not acknowledge the hard work and long hours put in by our 
committee staff on all levels.
  Mr. Chairman, I would like to close by again thanking the gentleman 
from Pennsylvania (Mr. Weldon) and all the members of the various 
subcommittee with whom I have had the pleasure of working on this bill.
  Mr. BARTLETT of Maryland. Mr. Chairman, I yield such time as he may 
consume to the gentleman from Georgia (Mr. Gingrey), a valued member of 
our Committee on Armed Services.
  Mr. GINGREY. Mr. Chairman, I thank the subcommittee chairman, the 
gentleman from Maryland (Mr. Bartlett), for yielding me time.
  Mr. Chairman, I rise today in strong support of H.R. 1588, the 
National Defense Authorization Act for Fiscal Year 2004, and I urge my 
colleagues to support the bill as well.
  I represent Columbus, Georgia, and Fort Benning, the home of the 
infantry as well as NAS Atlanta and Dobbins Air Reserve Base in my 
home, Marietta, Georgia, of Cobb County.
  Mr. Chairman, as a first-term member of the House Committee on Armed 
Services, I am extremely proud of this legislation for many reasons; 
and I sincerely thank the chairman, the gentleman from California (Mr. 
Hunter), the ranking member, the gentleman from Missouri (Mr. Skelton), 
and all the subcommittee chairmen, especially

[[Page 12483]]

my subcommittee chairmen, the gentleman from Pennsylvania (Mr. Weldon) 
and the gentleman from New York (Mr. McHugh), the ranking members, the 
gentleman from Hawaii (Mr. Abercrombie) and the gentleman from Arkansas 
(Mr. Snyder) for the manner in which they have led our committee and 
for producing a bill that accomplishes so many important goals.
  As all Americans have seen over recent months, the American military 
today faces many different challenges, from urban warfare to more 
traditional air and ground combat to special operations missions and 
battles with irregular forces. Our brave men and women in uniform have 
met all kind of threats. They are committed to protecting our American 
homeland and to fostering democracy and liberty around the world. 
Today, Congress matches this commitment with the passage of H.R. 1588.
  Mr. Chairman, this bill increases the combat capabilities of our 
Armed Forces with appropriate levels of spending for readiness, 
procurement and research and development. It funds programs such as the 
M-1 Abrams tank and the Bradley fighting vehicles that are used in 
current conflicts and transforms our military to meet the threats of 
tomorrow with futuristic systems like the Air Force's F/A-22 Raptor.
  The bill provides funding to make our homeland safe as well by 
combatting terrorism at home and abroad and continuing to develop the 
ballistic missile defense system.
  Finally, Mr. Chairman, I support H.R. 1588 because it contains a 
number of benefits for our extremely valuable and often overlooked 
service members. This bill provides a 4.1 percent pay raise across the 
services and funds important military family housing priorities. It 
also improves the TRICARE system, the survivor benefit program, and has 
several provisions to improve the quality of life for members of 
National Guard and Reserves.
  Mr. Chairman, we must remember that we owe all of our freedoms and 
safety to our brave men and women in uniform; and I am proud that many 
of them are with us today in the gallery. I am glad that Congress can 
help them in a small way with the passage of this bill.
  Mr. Chairman, I urge all of them to support this very important 
legislation.


                      announcement by the chairman

  The CHAIRMAN. The Chair would remind Members not to reference 
occupants of the gallery.
  Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Chairman, I appreciate the gentleman yielding me 
time and his courtesy in allowing me to speak on this important issue.
  I think we are all impressed with the gravity of the myriad of issues 
that deal with national defense and security. Mr. Chairman, there are a 
number of things that I would speak on, but there is one in particular 
that concerns me. I had an opportunity to hear, Mr. Chairman, the 
chairman of the committee reference some of the rationale for short-
circuiting the environmental protections that we have come to rely on 
that deal with our Department of Defense and under this bill would 
actually be extended to other armies of the Federal Government.
  There was reference made to Camp Pendleton. You saw the map and then 
you saw overlays that made it appear as though 57 percent of 125,000 
acres were unavailable for training activities.
  Mr. Chairman, with all due respect, we ought to, I know there is no 
time to debate it, there is no time to fully be engaged in amendments 
that would allow the give and take that this body and the American 
public and the military deserve, but let me just suggest that between 
now and when we finally deal with the passage of this legislation, 
maybe we can clear up this one little item.
  I have here a map that shows, according to information from the U.S. 
Fish and Wildlife Service and the U.S. Marine Corps itself, how much 
has been set aside for critical habit. It is 840 acres, and I have them 
outlined here. According to, again, the judge in place here in Fish and 
Wildlife, it would not interfere with amphibious landings, 840 acres, 
not 57 percent, when you went through and you used the process with 
Fish and Wildlife, with the Department of Defense, with the Marine 
Corps, which actually happened.
  Now, I find, Mr. Chairman, that using short-circuited activity like 
this, exaggerating the problems, is not helping us at all.
  The real threats to military readiness are here on this map; and they 
are encroachment from Oceanside, from Vista, from Fallbrook, from San 
Clemente. Does this bill have anything in it that deals with military 
encroachment like recently-passed legislation in the California 
legislature? No, it is silent. It just wants to gut environmental 
protections. We have a nuclear power plant that is located right here, 
Interstate 5, and we have areas that are a popular California State 
Park.

                              {time}  1545

  These are issues that affect military readiness. This bill ignores 
them. It would just simply gut environmental protection.
  My experience, Mr. Chairman, is that when we give our fighting men 
and women the right resources and the right orders, they can accomplish 
anything. And we should be directing that they protect the environment, 
they clean up after themselves, and they solve problems, not 
eliminating simple commonsense environmental protections that, after 
all, not only protect everybody in this area, but they ultimately 
protect the fighting men and women, their families, and the overall 
Earth that we inhabit.
  Mr. BARTLETT of Maryland. Mr. Chairman, may I inquire as to the 
amount of time remaining.
  The CHAIRMAN. The gentleman from Maryland (Mr. Bartlett) has 10 
minutes remaining and the gentleman from Missouri (Mr. Skelton) has 
12\3/4\ minutes remaining.
  Mr. BARTLETT of Maryland. Mr. Chairman, I yield such time as he may 
consume to the gentleman from New York (Mr. McHugh), the chairman of 
the Subcommittee on Total Force.
  Mr. McHUGH. Mr. Chairman, I thank the gentleman, my colleague on the 
Committee on Armed Services, for yielding me this time.
  Mr. Chairman this is the 11th year in which I have had the great 
honor of serving on this very august, very important committee. And as 
happens every year, we obviously come to the floor with some 
disagreements, some perhaps that cause a great deal of controversy and 
a great deal of conflict amongst the various Members. But one thing 
that has been most heartening to me with respect to this committee has 
been the strong commitment on both sides of the aisle, both when my 
friends on the Democrat side were in the majority and now when the 
Republicans are in the majority, shared by both parties, and that is 
our interest, our primary commitment to the good, the welfare of the 
individuals throughout the various branches of the United States 
military, who, as has been seen so directly, particularly in recent 
months and years, fought the hard fight of freedom wherever the 
challenges arose.
  As someone who has had the distinct honor now for 3 years to serve 
first as the chairman of the Subcommittee on Personnel and now the 
Subcommittee on Total Force, I can say without equivocation that this 
bill is not just a good bill; it is absolutely essential to the 
continued welfare, to the continued interest of those brave men and 
women in uniform who wear the patch of the United States military. 
Because this is a bill that not only addresses the emerging lessons 
learned from the global war on terrorism and with the war in Iraq, but 
also it reflects the longstanding committee concerns about the 
inadequacy of military manpower and the damaging effect of excessive 
operations, both personnel and operations tempo.
  This bill reflects not just the Committee on Armed Services' belief 
in the need to be proactive in military personnel and policy matters, 
but also, I think, the belief of the entire United States population; 
and it acts to sustain the commitment and the professionalism of the 
men and women of

[[Page 12484]]

America's magnificent all-volunteer armed services and, equally 
important, the families that support them and all of us.
  I would also say, Mr. Chairman, this bill contains legislative and 
funding initiatives that enhance the ability of the National Guard and 
Reserves to play their important role, to continue their integration as 
a vital irreplaceable part of the new total force that is the United 
States military.
  I would like to, Mr. Chairman, just highlight a couple of the 
initiatives that are contained in this legislation, many of which have 
been referenced by my colleagues on both sides of the aisle that are 
contained in the total force portion of this very important 
legislation.
  Active end strength increases of 6,240 above the requested levels, 
with the $291 million necessary to support those increases.
  We provide for growth in reserve component full-time support 
strength.
  Military pay raises that average 4.1 percent, continuing this 
Congress's, this government's commitment and recognition of the 
understanding that we need to do better by these brave men and women in 
terms of what we pay them.
  Reserve component pay and personnel policy enhancements that respond 
to the needs of the National Guard and Reserve personnel training in 
that total force.
  Continuation of war-time pays that were approved in fiscal year 2003 
for members engaged in both Operation Enduring Freedom and Operation 
Iraqi Freedom.
  We have taken steps to open up the access to the commissaries and 
exchange benefits to better define and protect those important benefits 
and to also make them available on a more regular basis to reserve 
component members, those in vital portions of the total force concept.
  And we have provided a menu of health care improvements for the 
entire Department of Defense.
  This is a vitally important bill at one of the most critical 
junctures in our Nation's history. And I should say, Mr. Chairman, in 
closing, that none of these great outcomes is achieved in a vacuum. I 
want to pay particular words of appreciation to the ranking member on 
the subcommittee which I have the honor of chairing, the gentleman from 
Arkansas (Mr. Snyder), who has done just a great job in both leading 
and providing invaluable support and insight into our activities, and 
to all of the committee's staff on both sides of the aisle for their 
absolutely unwavering commitment to this initiative.
  This bill, at the end of the day, in spite of our disagreements as 
they may exist, needs to be supported. We need to continue our 
commitment to our great men and women in uniform who are protecting our 
freedoms each and every day.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. Mr. Chairman, I thank the gentleman for 
yielding me this time, and I also want to agree with all of those who 
have extolled many of the virtues of this legislation; who have talked 
about the need for it to be efficient and effective; who have talked 
about making sure that we protect all of our military personnel and be 
in a position to protect our citizens.
  But I must confess that I do not believe in throwing out the baby 
with the bath water. When we talk about getting rid of the personnel 
system, when we talk about taking away the rights of workers to 
unionize, when we talk about taking away the rights of individuals to 
appeal, when we talk about individuals not having the right to discuss 
their grievances, then I think that is going a bit far. I agree there 
is a tremendous need for flexibility, and I believe that there ought to 
be those moved out of civilian positions who are part of the military; 
but I do not believe that all of the years of developing workers' 
rights ought to be taken away in one fell swoop.
  Quite frankly, Mr. Chairman, I do not even understand why those 
provisions are in the legislation. They simply are not needed, they are 
of no value, and I disagree with that part of it. If we cannot 
guarantee the rights of people who work, then what are we fighting for 
when we talk about protecting the rights of all the rest? I disagree 
with that portion of the legislation.
  Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from 
Ohio (Mr. Turner).
  Mr. TURNER of Ohio. Mr. Chairman, our friends on the other side of 
the aisle continue to tell horror stories of what this bill, if 
enacted, would do with respect to civil service and the employees in 
the Department of Defense. I think we all know that we honor our 
employees at the Department of Defense. Just like the men and women in 
uniform who gave us the success in Iraq and in Afghanistan, they too 
make the difference in our success. They give us the tools, the 
weapons, the technology, the expertise that allow us to be successful 
on the battlefield and to have a strong national defense.
  Certainly, if the horrors our friends on the other side of the aisle 
were true, then we should vote this bill down. They say the horrors are 
that this will result in political patronage; that civil rights will be 
taken away; that there will be no rights for collective bargaining. 
Surely if those things were the outcome of this bill, I would vote 
against it myself. So one would expect that our friends on the other 
side of the aisle voted against it too. But they did not. In fact, the 
gentleman from Florida, who told us of the horrors of the possibilities 
of political patronage, voted for this bill. The gentleman from 
Tennessee, who spoke about there being no civil rights or collective 
bargaining for employees of the Department of Defense, voted for this 
bill.
  This bill comes to this floor out of the Committee on Armed Services 
with bipartisan support and a vote of 58 to two. The horrors they 
describe are not true. And instead of telling us the sections that 
would reference the truth about this bill, I thought it would be best 
to read from it. With respect to political patronage: ``The public 
employment principles of merit and fitness set forth in section 2301, 
including the principles of hiring based on merit, fair treatment 
without regard to political affiliation or other nonmerit 
considerations, equal pay for equal work, and protection of employees 
against reprisal for whistleblowing.'' Those are preserved and 
specifically set forth in the bill.
  Then, with respect to collective bargaining, which again our friends 
on the other side of the aisle say do not exist if this bill passes, 
the bill specifically says: ``Ensure that employees may organize, 
bargain collectively as provided for in this chapter, and participate 
through labor organizations of their own choosing in decisions which 
affect them, subject to the provisions of this chapter.''
  Clearly, the fact that this bill comes before us with bipartisan 
support, a vote of 58 to two out of the Committee on Armed Services, 
shows that the bipartisan support should carry through to passage of 
this bill; and that, truly, this system of increased flexibility would 
provide increased opportunity and actually honor our Department of 
Defense employees.
  Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
  Shorty we will end the general debate on this all-important bill. And 
of course I wish first to thank the members of the committee on both 
sides of the aisle for tremendously hard work. A special thanks to that 
wonderful staff that we have for the efforts, the late hours they have 
put in. This could not have been done without them.
  We have discussed in the last 2 hours the various problems that have 
crept into the bill. Hopefully, they will be debated at least on the 
second rule, which has not been made in order, so we can have a full 
and fair airing of those.
  But on a larger notes than that, I would like to quote the great 
Roman orator, Mr. Chairman, who once said that ``gratitude is the 
greatest of all virtues.'' So in what we do today, in passing this 
bill, which is basically a very good and strong bill for the military 
of the United States, we are saying ``thank you.'' And we express our

[[Page 12485]]

gratitude to them, to the men and women of all ranks, to the men and 
women of all branches, regardless of their specialty. They have done 
good. Back home in Missouri, the finest compliment you can give in the 
Ozarks-part of our State is, ``You done good.''
  So to each one of the men and women, regardless of where they are, 
whether they be aboard ship, whether they be in a camp, whether they be 
in a plane, whether they are training or serving as a peacekeeper in 
one of those distant places, all of us, both sides of the aisle, should 
give them a special thanks and word of gratitude.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  1600

  Mr. HUNTER. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman 
from Colorado (Mr. Hefley).
  Mr. HEFLEY. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  I want to speak to the amendment that is going to come up in just a 
moment, if I might. I appreciate the gentleman incorporating into that 
amendment an amendment I had that we could not do in committee because 
of a jurisdictional problem. It is an amendment to take care of two 
environmental relief points that the Department of Defense needs. I 
think they are well-thought out.
  The amendment as it came to us in committee from the Committee on 
Resources broadened this. I want to narrow it back down to just deal 
with the Department of Defense. Here is what the two are:
  In section 317 of H.R. 1588 last year, which amends the Endangered 
Species Act, it provides that the Secretary of Interior will not make 
future designations of critical habitat on military lands or threaten 
an endangered species where the installation has negotiated a mutually 
agreed upon, integrated natural resources management plan between the 
State Fish and Wildlife Service and the National Fish and Wildlife 
Service.
  This is something that was in the bill last year, passed this House 
overwhelmingly on a bipartisan basis, passed the committee 
overwhelmingly on a bipartisan basis, and ran into some difficulty over 
in the Senate. We want to reenact this and narrow it down from what is 
actually in the bill. So the gentleman's en bloc amendment will do 
that, and it will be a tremendous help to the Department of Defense in 
their readiness activities when preparing to train as they prepare to 
fight wars.
  The second aspect in the amendment is that the Department of Defense 
requested an adaptation of a new definition of harassment for the 
Marine Mammal Protection Act. Generally, you cannot take marine 
mammals. We are not out to kill marine mammals, but the term 
``harassment'' has been interpreted in court cases in a ridiculous 
manner. This changes the definition of harassment so we do not have, if 
a sea lion is sleeping on a buoy and a Navy ship goes down the channel 
and the sea lion wakes up and looks at the boat, that can be defined as 
harassment under the present law.
  What we are talking about making is major life changes. We do not 
want marine whales to beach themselves and that kind of thing, of 
course. This narrows that down.
  Mr. Chairman, this amendment carefully defines the situation. It is a 
rifle shot dealing with the problems that the Department of Defense 
has. I think it will help tremendously in our preparation of our young 
men and women for fighting wars.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Texas (Mr. Stenholm).
  Mr. STENHOLM. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  I commend the chairman of this committee and the ranking member for 
their work in putting together this very important bill. As a strong 
supporter of the B-1 bomber program, I appreciate the committee's 
recognition of the excellence of B-1 in combat and their importance in 
operations in the Korean Peninsula by directing the Air Force to 
restore the 23 aircraft set to be retired.
  I hope it is the full intent of this committee that, should these 23 
planes be restored to the fleet, that these bombers will be given 
adequate manpower and maintenance with additional funding to ensure 
that these costs will not come out of the operations and maintenance 
funds of the existing 60 bombers.
  Mr. Chairman, I also commend the gentleman from California for his 
attention in this bill to the national defense needs of our Nation, and 
I also applaud his efforts to hold the Base Realignment and Closure 
round in 2005 accountable to our emerging national defense needs.
  This bill stipulates that the required force structure for the armed 
services meet prescribed levels and that the Air Force would include in 
its force structure not less than 96 combat-coded bomber aircraft in 
active service. I hope it is the intent of this committee in this 
legislation that the 23 B-1s that would be restored to the fleet under 
this bill will be incorporated into the parameters of the Air Force 
bomber structure and taken into consideration for purposes of the base 
realignment process.
  Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume 
to engage in a colloquy with the gentleman from California (Chairman 
Hunter).
  The gentleman will recall in this Chamber the very arduous series of 
debates that we had on what was then known as the Stealth bomber, now 
known as the B-2 bomber; and with the gentleman's leadership, some 
additional funds were put into this bill for additional research and 
development regarding a new wave of bombers. Would the gentleman be 
inclined to share that thought with us, please?
  Mr. HUNTER. Mr. Chairman, will the gentleman yield?
  Mr. SKELTON. I yield to the gentleman from California.
  Mr. HUNTER. Mr. Chairman, the gentleman from Missouri (Mr. Skelton) 
has been a champion of the idea of utilizing Stealth bombers and 
Stealth aircraft and coupling them with precision munitions and being 
able to give enormous leverage to American air power.
  If we look at our array of deep-strike platforms, we have the 21 B-2s 
that are based in the gentleman's district, which are extremely 
valuable assets. We have a few, over 60 now, B-1 bombers, now that 23 
are being retrieved or taken out of the force; and we are retrieving a 
number of those 23 bombers, bringing those back to the force. They 
worked very effectively in Iraq. And the balance of our 130 or so 
combat-coded bombers are made up of the old B-52s, the youngest one of 
which was built in July of 1962, so the newest B-52 is over 40 years 
old.
  We need to strike out and to design and build a new deep-strike 
platform. So we put $100 million in this bill to commence pursuit of a 
new deep-strike platform, which may be manned or on the advice of some 
people may be unmanned. We could certainly have what I call the B-2 
Chevy. That is the new variant of the B-2 that does not have some of 
the Cold War components but nonetheless would be excellent for 
conventional missions, and that would be somewhat less in terms of cost 
than the B-2s that were built for strategic delivery.
  So it could be a manned system, it could be an unmanned system, but 
the point is we better start now because it is going to be years before 
we have new platforms for deep strike.
  At the same time, we plussed up the purchases of precision munitions, 
those joint direct attack munitions that are used to eliminate the need 
for literally thousands of bombs, hundreds of bombs to one in terms of 
ratio where again, instead of carpet bombing a bridge to knock it out, 
you hit that one strut and bring that entire bridge down.
  The gentleman is talking about our two most important systems, that 
is deep-strike platforms and precision munitions. When those two 
leveraged systems are coupled together, the United States has enormous 
capability, and I thank the gentleman for his efforts along these 
lines.

[[Page 12486]]


  Mr. SKELTON. Mr. Chairman, I thank the gentleman for his full 
explanation and a special compliment on his foresight in helping insert 
these dollars for that additional research and development.
  I remember the early days of the then Stealth, now B-2 bomber, when 
so many had such serious questions about it. And I might say, in three 
conflicts now, the B-2 bomber has spoken well for America. I thank the 
gentleman for his help and leadership in that area.
  Mr. HUNTER. Mr. Chairman, if the gentleman would continue to yield, I 
thank the gentleman for his work; and if I could just mention, the 
gentleman from Texas (Mr. Stenholm) just spoke. One of his comments was 
to the effect that he knew that we were retrieving some of these B-1 
bombers that the Air Force decided last year to shelve, and he hoped 
that the cost of maintaining those bombers would not be drawn from the 
spare parts accounts of the 60 or so bombers that we have right now.
  Let me just say in response to the gentleman, who is a great friend 
of mine, the intent of the committee is to try to get a high mission-
capable rate with our entire bomber force, all of the B-1s, and that 
means spending what it takes to keep those birds in the air, to give 
them the ability to deliver their platforms with deep ranges, with good 
protection to the crew. So we want to see higher maintenance dollars 
expended on that entire force because it is such an important leverage 
force.
  We saw the B-1s being extremely flexible in its pursuit of targets in 
the Iraq theater. That was appreciated by the committee. I did not get 
a chance to respond to the gentleman from Texas (Mr. Stenholm), but I 
want to assure him that we are going to try to make sure that entire 
bomber force has a high mission-capable rate, both B-2s that the 
gentleman is so proud of, and home bases in his district, B-1s, and of 
course those ancient B-52s.
  I know the gentleman from Texas (Mr. Sam Johnson) talked about 
looking out his prison window in Hanoi in 1972 during Operation 
Linebacker and watching a B-52 explode in midair as it was hit by a 
Sand missile. Those planes were shot down over 40 years ago, and by the 
aircraft, anti-aircraft and Sand capability being delivered to North 
Vietnam by Russia. That means that we need to move along and develop 
this new technology as quickly as possible and get new birds in the air 
as quickly as possible. I know the gentleman from Missouri (Mr. 
Skelton) and I share that goal.
  Mr. SKELTON. Mr. Chairman, I thank the gentleman, and it appears in 
this bill regarding the additional research and development funding for 
future system or systems of advanced Stealth techniques, I think it is 
certainly on the right track.
  Mr. OXLEY. Mr. Chairman, I rise today to congratulate Chairman Hunter 
and the Armed Services Committee on their work on the Defense 
authorization. This authorization better prepares the United States to 
face the new threats to our world.
  I am pleased the committee has recognized that after playing a 
dominant role in Operation Iraqi Freedom, the Abrams battle tank proved 
that it will continue to play a central role in the defense of our 
Nation in the years to come. With the 129 Abrams System Enhancement 
Program upgrades the committee has provided for, the armored cavalry 
regiment, the ``eyes and ears'' of the Army's Counter Attack Corps, 
will join the 4th Infantry Division as the most advanced in the world.
  As the Army begins transforming itself for future combat situations, 
heavy armor will continue to play an important role. We should take the 
lessons we learned in Iraq, and use those in the future. As the 
centerpiece of the Operation, the Abrams not only proved its mettle in 
the desert, it also dominated in urban areas. The tank provided cover 
for infantrymen and offered precision fire helicopters and planes were 
not able to. Acting as a battering ram, the Abrams is the safest 
vehicle in our arsenal, not having suffered one combat-related 
casualty.
  Whether it be the Sherman tank in World War II or the Abrams in the 
gulf war and Operation Iraqi Freedom, tanks have been critical to 
military success. The Abrams tank has proven that the tank will 
continue to play a prominent role in the defense of America well into 
the 21st century.
  Mrs. MALONEY. Mr. Chairman, traditionally, the Defense Authorization 
Act has been a bipartisan bill. Unfortunately, this year the majority 
has added highly controversial provisions to the bill regarding civil 
services law, contracting, environmental exemptions, and nuclear 
weapons policy.
  As we all know, there has been significant controversy over the 
process of awarding contracts in Iraq. I would like to highlight one 
provision in the Defense authorization bill that adds much needed 
sunshine to the Iraq rebuilding effort (section 1456). I thank the 
Government Reform and Armed Services Committee members for including 
this section.
  In a markup of H.R. 1837, the Services Acquisition Reform Act of 
2003, I offered this public disclosure language in the form of an 
amendment. It was unanimously accepted by the House Government Reform 
Committee. H.R. 1837 was referred to House Armed Services and included 
in H.R. 1588, the National Defense Authorization Act for FY 2004.
  In the House Armed Services Committee, the Iraqi sunshine amendment 
was also offered by Mr. Snyder of Arkansas. I thank Mr. Snyder for his 
hard work. The amendment was accepted and included in an en bloc 
amendment to H.R. 1588. The amendment, now section 1456, will ensure 
that agencies entering into a contract for the repair, maintenance, or 
construction of the infrastructure in Iraq without full and open 
competition, publish details regarding the contract.
  This section is very simple. It merely requires the government to 
publish details regarding these noncompetitive contractors.
  It has been said that sunshine is the best disinfectant. The public 
has a right to know how billions of dollars will be spent in Iraq. As 
the people's Representatives, we have a duty and responsibility to 
ensure that funding Congress has appropriated for the Iraqi 
reconstruction is spent in a fair and open manner. Given the recent 
controversy, the least we could do is ensure that there is full 
disclosure to the American people.
  In recent weeks, we have seen several press reports that the United 
States Agency for International Development (USAID) and other Federal 
agencies have been awarding no-bid or invitation-only contracts to 
firms for the rebuilding of Iraq.
  For instance, one firm secured a $2 million Iraq school contract 
through an invitation-only process. USAID awarded an invitation-only 
contract for $680 million to rebuild Iraq's infrastucture. A $50 
million policing contract was awarded through a closed bidding process 
and so on.
  I acknowledge that in some instances, noncompetitive contracts will 
be awarded. USAID and others have argued that because of the need to 
move quickly, they chose to use noncompetitive procedures. The law 
clearly allows for these procedures. However, if a noncompetitive 
process is used, the American people have a right to know that it is 
being used and why it is being used. Section 1456 requires the Federal 
agencies to make these details public.
  Section 1456 mirrors legislation offered in the Senate by Senators 
Wyden, Collins, and Clinton, S. 876, the ``Sunshine in Iraq 
Reconstruction Contracting Act of 2003.'' S. 876 is a bipartisan bill 
that sets out requirements for the government to publicly justify any 
closed bidding process used for Iraqi reconstruction work.
  I thank Chairman Davis, Ranking Member Waxman, Chairman Hunter, and 
Ranking Member Skelton, and members of the Government Reform and Armed 
Services Committees, for their support of this straightforward, good-
government provision.
  I wholeheartedly support its inclusion in H.R. 1588.
  Mr. FALEOMAVAEGA. Mr. Speaker, I want to thank the chairman, the 
ranking member and both Republican and Democratic members of the Armed 
Services Subcommittee on Total Force and the full committee for 
unanimously supporting an amendment to increase the number of military 
academy appointments from American Samoa, Guam, and the Virgin Islands 
to the U.S. Military Academy, the U.S. Naval Academy, and the U.S. Air 
Force Academy.
  For my constituents, this means that American Samoa will be able to 
send two students to each service academy. Given that American Samoa 
has a population of over 57,000 people, a per capita income of less 
than $4,500 and almost 5,000 men and women serving in the U.S. armed 
services, I am pleased that we may be able to offer more students the 
opportunity to attend one of our Nation's prestigious military 
academies.
  Like other States and Territories, American Samoa has a long and 
proud tradition of supporting and defending the United States of 
America. In 1900, the traditional leaders of American Samoa ceded the 
island of Tutuila to the United States.
  Tutuila's harbor is the deepest in the South Pacific and the port 
village of Pago Pago was

[[Page 12487]]

used as a coaling station for U.S. naval ships in the early part of the 
century and as a support base for U.S. soldiers during WWII. To this 
day, American Samoa serves as a refueling point for U.S. naval ships 
and military aircraft.
  American Samoa also has a per capital enlistment rate in the U.S. 
military which is as high as any State or U.S. Territory. Our sons and 
daughters have served in record numbers in every U.S. military 
engagement from WWII to present operations in our war against 
terrorists. We have stood by the United States in good times and bad 
and I believe it is only appropriate that this relationship should be 
acknowledged by increasing our number of military academy appointments.
  Again, I want to thank Chairman John McHugh and Ranking Member Vic 
Snyder of the Subcommittee on Total Force for supporting my request to 
increase the number of military academy appointments for American 
Samoa. I also want to thank my good friends, the chairman of the 
Committee on Armed Services, Congressman Duncan Hunter, and Ranking 
Member Ike Skelton, for their support.
  On a personal note and as a Vietnam Veteran, I also want to thank the 
sons and daughters of this great Nation who are currently serving in 
the U.S. Armed Forces. As we consider the National Defense 
Authorization for Fiscal Year 2004, I am hopeful that we will remember 
the sacrifices they are making to protect our liberties and in so 
remembering I urge my colleagues to support this reauthorization.
  Mr. SCHIFF. Mr. Chairman, I rise today to object to the sweeping, 
permanent exemptions from environmental laws at military bases included 
in this Defense authorization bill.
  This set of provisions, the so-called ``Range and Readiness 
Preservation Initiative,'' would change critical provisions of the 
Clean Air Act, the Marine Mammal Protection Act, and the Endangered 
Species Act. These changes would remove Federal and State authority to 
require the Department of Defense to clean up its thousands of 
contaminated sites nationwide.
  I am a staunch supporter of a strong military and a strong national 
defense. Yet the changes that have been included in this bill go well 
beyond any consideration of military preparedness, are overboard, and 
are ill-advised.
  Environmental laws already include provisions for exemptions in the 
event of a national security issue. The proposals are rendered even 
more questionable by the fact that the Defense Department has not yet 
found a compelling case to plead for such an exemption. EPA 
Administrator Christine Todd Whitman has testified before Congress that 
compliance with environmental regulations has never impeded military 
readiness.
  Furthermore, these blanket exemptions for the Department of Defense 
from environmental statutes are inappropriate. I have grave concerns 
regarding the adverse environmental impact of this initiative. This 
legislation would relax current requirements protecting wildlife 
habitats on military installations, as well as requirements to clean up 
contaminated sites and control air emissions. The Department of Defense 
is our nation's biggest polluter. I believe that, unless national 
security is directly affected, the Department of Defense should be 
required to comply with Federal environmental laws.
  I call on my colleagues to strike these provisions.
  Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore (Mr. Bereuter). All time for general debate 
has expired.
  Pursuant to the rule, the committee amendment in the nature of a 
substitute printed in the bill is considered as an original bill for 
the purpose of amendment and is considered read.
  The text of the committee amendment in the nature of a substitute is 
as follows:

                               H.R. 1588

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

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

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

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

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.

                       Subtitle B--Army Programs

Sec. 111. Stryker vehicle program.

                       Subtitle C--Navy Programs

Sec. 121. Multiyear procurement authority for F/A-18 aircraft program.
Sec. 122. Multiyear procurement authority for Tactical Tomahawk cruise 
              missile program.
Sec. 123. Multiyear procurement authority for Virginia class submarine 
              program.
Sec. 124. Multiyear procurement authority for E-2C aircraft program.
Sec. 125. LPD-17 class vessel.

                     Subtitle D--Air Force Programs

Sec. 131. Air Force air refueling transfer account.
Sec. 132. Increase in number of aircraft authorized to be procured 
              under multiyear procurement authority for Air Force C-
              130J aircraft program.
Sec. 133. Limitation on retiring C-5 aircraft.
Sec. 134. Limitation on obligation of funds for procurement of F/A-22 
              aircraft.

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

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Collaborative program for development of electromagnetic gun 
              technology.
Sec. 212. Authority to select civilian employee of Department of 
              Defense as director of Department of Defense Test 
              Resource Management Center.
Sec. 213. Development of the Joint Tactical Radio System.
Sec. 214. Future Combat Systems.
Sec. 215. Army program to pursue technologies leading to the enhanced 
              production of titanium by the United States.
Sec. 216. Extension of reporting requirement for RAH-66 Comanche 
              aircraft program.
Sec. 217. Studies of fleet platform architectures for the Navy.

                 Subtitle C--Ballistic Missile Defense

Sec. 221. Enhanced flexibility for ballistic missile defense systems.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.

                  Subtitle B--Environmental Provisions

Sec. 311. Reauthorization and modification of title I of Sikes Act.
Sec. 312. Authorization for defense participation in wetland mitigation 
              banks.
Sec. 313. Inclusion of environmental response equipment and services in 
              Navy definitions of salvage facilities and salvage 
              services.
Sec. 314. Clarification of Department of Defense response to 
              environmental emergencies.
Sec. 315. Requirements for restoration advisory boards and exemption 
              from Federal Advisory Committee Act.
Sec. 316. Report regarding impact of civilian community encroachment 
              and certain legal requirements on military installations 
              and ranges.
Sec. 317. Military readiness and conservation of protected species.
Sec. 318. Military readiness and marine mammal protection.
Sec. 319. Limitation on Department of Defense responsibility for 
              civilian water consumption impacts related to Fort 
              Huachuca, Arizona.
Sec. 320. Construction of wetland crossings, Camp Shelby Combined Arms 
              Maneuver Area, Camp Shelby, Mississippi.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Exclusion of certain expenditures from percentage limitation 
              on contracting for performance of depot-level maintenance 
              and repair workloads.
Sec. 322. High-performing organization business process reengineering 
              pilot program.
Sec. 323. Delayed implementation of revised Office of Management and 
              Budget Circular A-76 by Department of Defense pending 
              report.
Sec. 324. Naval Aviation Depots multi-trades demonstration project.

[[Page 12488]]

                   Subtitle D--Information Technology

Sec. 331. Performance-based and results-based management requirements 
              for Chief Information Officers of Department of Defense.

                       Subtitle E--Other Matters

Sec. 341. Cataloging and standardization for defense supply management.
Sec. 342. Space-available transportation for dependents of members 
              assigned to overseas duty locations for continuous period 
              in excess of one year.
Sec. 343. Preservation of Air Force Reserve weather reconnaissance 
              mission.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum 
              levels.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
              reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2004 limitation on non-dual status technicians.
Sec. 415. Permanent limitations on number of non-dual status 
              technicians.

              Subtitle C--Authorizations of Appropriations

Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.

                   TITLE V--MILITARY PERSONNEL POLICY

              Subtitle A--General and Flag Officer Matters

Sec. 501. Standardization of qualifications for appointment as service 
              chief.

           Subtitle B--Other Officer Personnel Policy Matters

Sec. 511. Repeal of prohibition on transfer between line of the Navy 
              and Navy staff corps applicable to regular Navy officers 
              in grades above lieutenant commander.
Sec. 512. Retention of health professions officers to fulfill active-
              duty service commitments following promotion 
              nonselection.
Sec. 513. Increased flexibility for voluntary retirement for military 
              officers.

                 Subtitle C--Reserve Component Matters

Sec. 521. Streamlined process for continuation of officers on the 
              reserve active-status list.
Sec. 522. Consideration of reserve officers for position vacancy 
              promotions in time of war or national emergency.
Sec. 523. Simplification of determination of annual participation for 
              purposes of Ready Reserve training requirements.
Sec. 524. Authority for delegation of required secretarial special 
              finding for placement of certain retired members in Ready 
              Reserve.
Sec. 525. Authority to provide expenses of Army and Air Staff personnel 
              and National Guard Bureau personnel attending national 
              conventions of certain military associations.

              Subtitle D--Military Education and Training

Sec. 531. Authority for the Marine Corps University to award the degree 
              of master of operational studies.
Sec. 532. Expanded educational assistance authority for cadets and 
              midshipmen receiving ROTC scholarships.
Sec. 533. Increase in allocation of scholarships under Army Reserve 
              ROTC scholarship program to students at military junior 
              colleges.
Sec. 534. Inclusion of accrued interest in amounts that may be repaid 
              under Selected Reserve critical specialties education 
              loan repayment program.
Sec. 535. Authority for nonscholarship senior ROTC sophomores to 
              voluntarily contract for and receive subsistence 
              allowance.
Sec. 536. Appointments to military service academies from nominations 
              made by delegates from Guam, Virgin Islands, and American 
              Samoa.
Sec. 537. Readmission to service academies of certain former cadets and 
              midshipmen.
Sec. 538. Authorization for Naval Postgraduate School to provide 
              instruction to enlisted members participating in certain 
              programs.
Sec. 539. Defense task force on sexual harassment and violence at the 
              military service academies.

                   Subtitle E--Administrative Matters

Sec. 541. Enhancements to high-tempo personnel program.
Sec. 542. Enhanced retention of accumulated leave for high-deployment 
              members.
Sec. 543. Standardization of time-in-service requirements for voluntary 
              retirement of members of the Navy and Marine Corps with 
              Army and Air Force requirements.
Sec. 544. Standardization of statutory authorities for exemptions from 
              requirement for access to secondary schools by military 
              recruiters.
Sec. 545. Procedures for consideration of applications for award of the 
              Purple Heart medal to veterans held as prisoners of war 
              before April 25, 1962.
Sec. 546. Authority for reserve and retired regular officers to hold 
              State and local elective office notwithstanding call to 
              active duty.
Sec. 547. Clarification of offense under the Uniform Code of Military 
              Justice relating to drunken or reckless operation of a 
              vehicle, aircraft, or vessel.
Sec. 548. Public identification of casualties no sooner than 24 hours 
              after notification of next-of-kin.

                          Subtitle F--Benefits

Sec. 551. Additional classes of individuals eligible to participate in 
              the Federal long-term care insurance program.
Sec. 552. Authority to transport remains of retirees and retiree 
              dependents who die in military treatment facilities 
              outside the United States.
Sec. 553. Eligibility for dependents of certain mobilized reservists 
              stationed overseas to attend defense dependents schools 
              overseas.

                       Subtitle G--Other Matters

Sec. 561. Extension of requirement for exemplary conduct by commanding 
              officers and others in authority to include civilians in 
              authority in the Department of Defense.
Sec. 562. Recognition of military families.
Sec. 563. Assistance to local educational agencies that benefit 
              dependents of members of the Armed Forces and Department 
              of Defense civilian employees.
Sec. 564. Permanent authority for support for certain chaplain-led 
              military family support programs.
Sec. 565. Department of Defense-Department of Veterans Affairs Joint 
              Executive Committee.
Sec. 566. Limitation on aviation force structure changes in the 
              Department of the Navy.
Sec. 567. Impact-aid eligibility for heavily impacted local educational 
              agencies affected by privitization of military housing.
Sec. 568. Investigation into the 1991 death of Marine Corps Colonel 
              James E. Sabow.

                     Subtitle H--Domestic Violence

Sec. 571. Travel and transportation for dependents relocating for 
              reasons of personal safety.
Sec. 572. Commencement and duration of payment of transitional 
              compensation.
Sec. 573. Flexibility in eligibility for transitional compensation.
Sec. 574. Types of administrative separations triggering coverage.
Sec. 575. On-going review group.
Sec. 576. Resources for Department of Defense implementation 
              organization.
Sec. 577. Fatality reviews.
Sec. 578. Sense of Congress.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2004.
Sec. 602. Computation of basic pay rate for commissioned officers with 
              prior enlisted or warrant officer service.
Sec. 603. Special subsistence allowance authorities for members 
              assigned to high-cost duty location or under other unique 
              and unusual circumstances.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
              authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
              authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
              nuclear officers.
Sec. 614. One-year extension of other bonus and special pay 
              authorities.
Sec. 615. Computation of hazardous duty incentive pay for demolition 
              duty and parachute jumping by members of reserve 
              components entitled to compensation under section 206 of 
              title 37.
Sec. 616. Availability of hostile fire and imminent danger pay for 
              reserve component members on inactive duty.
Sec. 617. Expansion of overseas tour extension incentive program to 
              officers.
Sec. 618. Eligibility of appointed warrant officers for accession bonus 
              for new officers in critical skills.
Sec. 619. Incentive pay for duty on ground in Antarctica or on Arctic 
              icepack.
Sec. 620. Special pay for service as member of Weapons of Mass 
              Destruction Civil Support Team.
Sec. 621. Incentive bonus for agreement to serve in critically short 
              military occupational specialty.
Sec. 622. Increase in rate for imminent danger pay and family 
              separation allowance related to service in Operation 
              Iraqi Freedom or Operation Enduring Freedom.

[[Page 12489]]

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Shipment of privately owned motor vehicle within continental 
              United States.
Sec. 632. Payment or reimbursement of student baggage storage costs for 
              dependent children of members stationed overseas.
Sec. 633. Reimbursement for lodging expenses of certain reserve 
              component and retired members during authorized leave 
              from temporary duty location.

             Subtitle D--Retired Pay and Survivors Benefits

Sec. 641. Funding for special compensation authorities for Department 
              of Defense retirees.

                  Subtitle E--Commissary and Nonappro-
                 priated Fund Instrumentality Benefits

Sec. 651. Expanded commissary access for Selected Reserve members, 
              reserve retirees under age 60, and their dependents.
Sec. 652. Defense commissary system and exchange stores system.
Sec. 653. Limitations on private operation of defense commissary store 
              functions.
Sec. 654. Use of appropriated funds to operate defense commissary 
              system.
Sec. 655. Recovery of nonappropriated fund instrumentality and 
              commissary store investments in real property at military 
              installations closed or realigned.
Sec. 656. Commissary shelf-stocking pilot program.

                       Subtitle F--Other Matters

Sec. 661. Repeal of congressional notification requirement for 
              designation of critical military skills for retention 
              bonus.

                   TITLE VII--HEALTH CARE PROVISIONS

Sec. 701. Revision of Department of Defense medicare-eligible retiree 
              health care fund to permit more accurate actuarial 
              valuations.
Sec. 702. Transfer of certain members from pharmacy and therapeutics 
              committee to Uniform Formulary Beneficiary Advisory Panel 
              under the pharmacy benefits program.
Sec. 703. Permanent extension of authority to enter into personal 
              services contracts for the performance of health care 
              responsibilities at locations other than military medical 
              treatment facilities.
Sec. 704. Plan for providing health coverage information to members, 
              former members, and dependents eligible for certain 
              health benefits.
Sec. 705. Working group on military health care for persons reliant on 
              health care facilities at military installations to be 
              closed or realigned.
Sec. 706. Acceleration of implementation of chiropractic health care 
              for members on active duty.
Sec. 707. Medical and dental screening for members of selected reserve 
              units alerted for mobilization.

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

Subtitle A--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

Sec. 801. Extension of authority to carry out certain prototype 
              projects.
Sec. 802. Elimination of certain subcontract notification requirements.
Sec. 803. Elimination of requirement to furnish written assurances of 
              technical data conformity.
Sec. 804. Limitation period for task and delivery order contracts.
Sec. 805. Additional authorities relating to obtaining personal 
              services.
Sec. 806. Evaluation of prompt payment provisions.

      Subtitle B--United States Defense Industrial Base Provisions

     Part I--Critical Items Identification and Domestic Production 
                    Capabilities Improvement Program

Sec. 811. Assessment of United States defense industrial base 
              capabilities.
Sec. 812. Identification of critical items: military system breakout 
              list.
Sec. 813. Procurement of certain critical items from American sources.
Sec. 814. Production capabilities improvement for certain critical 
              items using Defense Industrial Base Capabilities Fund.

            Part II--Requirements Relating to Specific Items

Sec. 821. Domestic source limitation for certain additional items.
Sec. 822. Requirements relating to buying commercial items containing 
              specialty metals from American sources.
Sec. 823. Elimination of unreliable sources of defense items and 
              components.
Sec. 824. Congressional notification required before exercising 
              exception to requirement to buy specialty metals from 
              American sources.
Sec. 825. Repeal of authority for foreign procurement of para-aramid 
              fibers and yarns.
Sec. 826. Requirement for major defense acquisition programs to use 
              machine tools entirely produced within the United States.

                      Part III--General Provisions

Sec. 831. Definitions.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Sec. 901. Change in title of Secretary of the Navy to Secretary of the 
              Navy and Marine Corps.
Sec. 902. Redesignation of National Imagery and Mapping Agency as 
              National Geospatial-intelligence Agency.
Sec. 903. Pilot program for provision of space surveillance network 
              services to non-United States governmental entities.
Sec. 904. Clarification of responsibility of military departments to 
              support combatant commands.
Sec. 905. Biennial review of national military strategy by Chairman of 
              the Joint Chiefs of Staff.
Sec. 906. Authority for acceptance by Asia-Pacific Center for Security 
              Studies of gifts and donations from nonforeign sources.
Sec. 907. Repeal of rotating chairmanship of Economic Adjustment 
              Committee.
Sec. 908. Pilot program for improved civilian personnel management.
Sec. 909. Extension of certain authorities applicable to the Pentagon 
              Reservation to include designated Pentagon continuity-of-
              government locations.
Sec. 910. Defense acquisition workforce reductions.
Sec. 911. Required force structure.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Authorization of supplemental appropriations for fiscal year 
              2003.
Sec. 1003. Authority to transfer procurement funds for a major defense 
              acquisition program for continued development work on 
              that program.
Sec. 1004. Restoration of authority to enter into 12-month leases at 
              any time during the fiscal year.
Sec. 1005. Authority for retention of additional amounts realized from 
              energy cost savings.
Sec. 1006. Repeal of requirement for two-year budget cycle for the 
              Department of Defense.
Sec. 1007. Authority to provide reimbursement for use of personal 
              cellular telephones when used for official government 
              business.

                Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Repeal of requirement regarding preservation of surge 
              capability for naval surface combatants.
Sec. 1012. Enhancement of authority relating to use for experimental 
              purposes of vessels stricken from Naval Vessel Register.
Sec. 1013. Authorization for transfer of vessels stricken from Naval 
              Vessel Register for use as artificial reefs.
Sec. 1014. Pilot program for sealift ship construction.

                          Subtitle C--Reports

Sec. 1021. Repeal and modification of various reporting requirements 
              applicable to the Department of Defense.
Sec. 1022. Report on Operation Iraqi Freedom.
Sec. 1023. Report on Department of Defense post-conflict activities in 
              Iraq.
Sec. 1024. Report on development of mechanisms to better connect 
              Department of Defense space capabilities to the war 
              fighter.

     Subtitle D--Procurement of Defense Biomedical Countermeasures

Sec. 1031. Research and development of defense biomedical 
              countermeasures.
Sec. 1032. Procurement of defense biomedical countermeasures.
Sec. 1033. Authorization for use of medical products in emergencies.

                       Subtitle E--Other Matters

Sec. 1041. Codification and revision of defense counterintelligence 
              polygraph program authority.
Sec. 1042. Codification and revision of limitation on modification of 
              major items of equipment scheduled for retirement or 
              disposal.
Sec. 1043. Additional definitions for purposes of title 10, United 
              States Code.
Sec. 1044. Inclusion of annual military construction authorization 
              request in annual defense authorization request.
Sec. 1045. Technical and clerical amendments.
Sec. 1046. Authority to provide living quarters for certain students in 
              cooperative and summer education programs of the National 
              Security Agency.
Sec. 1047. Use of drug interdiction and counter-drug funds to support 
              activities of the Government of Colombia.
Sec. 1048. Authority for joint task forces to provide support to law 
              enforcement agencies conducting counter-terrorism 
              activities.
Sec. 1049. Use of National Driver Register for personnel security 
              investigations and determinations.

[[Page 12490]]

Sec. 1050. Protection of operational files of the National Security 
              Agency.
Sec. 1051. Assistance for study of feasibility of biennial 
              international air trade show in the United States and for 
              initial implementation.
Sec. 1052. Continuation of reasonable access to military installations 
              for personal commercial solicitation.
Sec. 1053. Commission on Nuclear Strategy of the United States.
Sec. 1054. Extension of Counterproliferation Program Review Committee.

           TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

     Subtitle A--Department of Defense Civilian Personnel Generally

Sec. 1101. Modification of the overtime pay cap.
Sec. 1102. Military leave for mobilized Federal civilian employees.
Sec. 1103. Common occupational and health standards for differential 
              payments as a consequence of exposure to asbestos.
Sec. 1104. Increase in annual student loan repayment authority.
Sec. 1105. Authorization for cabinet secretaries, secretaries of 
              military departments, and heads of executive agencies to 
              be paid on a biweekly basis.
Sec. 1106. Senior executive service and performance.
Sec. 1107. Design elements of pay-for-performance systems in 
              demonstration projects.
Sec. 1108. Federal flexible benefits plan administrative costs.
Sec. 1109. Clarification to Hatch Act; limitation on disclosure of 
              certain records.
Sec. 1110. Employee surveys.

  Subtitle B--Department of Defense National Security Personnel System

Sec. 1111. Department of Defense national security personnel system.

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Expansion of authority to provide administrative support and 
              services and travel and subsistence expenses for certain 
              foreign liaison officers.
Sec. 1202. Recognition of superior noncombat achievements or 
              performance by members of friendly foreign forces and 
              other foreign nationals.
Sec. 1203. Expansion of authority to waive charges for costs of 
              attendance at George C. Marshall European Center for 
              Security Studies.
Sec. 1204. Identification of goods and technologies critical for 
              military superiority.
Sec. 1205. Report on acquisition by Iraq of advanced weapons.  
Sec. 1206. Authority for check cashing and currency exchange services 
              to be provided to foreign military members participating 
              in certain activities with United States forces.
Sec. 1207. Requirements for transfer to foreign countries of certain 
              specified types of excess aircraft.
Sec. 1208. Limitation on number of United States military personnel in 
              Colombia.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
              funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds until certain permits obtained.
Sec. 1304. Limitation on use of funds for biological research in the 
              former Soviet Union.
Sec. 1305. Authority and funds for nonproliferation and disarmament.
Sec. 1306. Requirement for on-site managers.
Sec. 1307. Provisions relating to funding for chemical weapons 
              destruction facility in Russia.

                 TITLE XIV--SERVICES ACQUISITION REFORM

Sec. 1401. Short title.
Sec. 1402. Executive agency defined.

             Subtitle A--Acquisition Workforce and Training

Sec. 1411. Definition of acquisition.
Sec. 1412. Acquisition workforce training fund.
Sec. 1413. Acquisition workforce recruitment program.
Sec. 1414. Architectural and engineering acquisition workforce.

        Subtitle B--Adaptation of Business Acquisition Practices

          Part I--Adaptation of Business Management Practices

Sec. 1421. Chief Acquisition Officers.
Sec. 1422. Chief Acquisition Officers Council.
Sec. 1423. Statutory and regulatory review.

                Part II--Other Acquisition Improvements

Sec. 1426. Extension of authority to carry out franchise fund programs.
Sec. 1427. Agency acquisition protests.
Sec. 1428. Improvements in contracting for architectural and 
              engineering services.
Sec. 1429. Authorization of telecommuting for Federal contractors.

                    Subtitle C--Contract Incentives

Sec. 1431. Incentives for contract efficiency.

              Subtitle D--Acquisitions of Commercial Items

Sec. 1441. Preference for performance-based contracting.
Sec. 1442. Authorization of additional commercial contract types.
Sec. 1443. Clarification of commercial services definition.
Sec. 1444. Designation of commercial business entities.

                       Subtitle E--Other Matters

Sec. 1451. Authority to enter into certain procurement-related 
              transactions and to carry out certain prototype projects.
Sec. 1452. Authority to make inflation adjustments to simplified 
              acquisition threshold.
Sec. 1453. Technical corrections related to duplicative amendments.
Sec. 1454. Prohibition on use of quotas.
Sec. 1455. Applicability of certain provisions to sole source contracts 
              for goods and services treated as commercial items.
Sec. 1456. Public disclosure of noncompetitive contracting for the 
              reconstruction of infrastructure in Iraq.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

                            TITLE XXI--ARMY

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

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
              projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.

                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
              acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land 
              acquisition projects.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be 
              specified by law.
Sec. 2702. Extension of authorization of certain fiscal year 2001 
              project.
Sec. 2703. Extension of authorizations of certain fiscal year 2000 
              projects.
Sec. 2704. Effective date.

                    TITLE XXVIII--GENERAL PROVISIONS

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

Sec. 2801. Increase in maximum amount of authorized annual emergency 
              construction.
Sec. 2802. Authority to lease military family housing units in Italy.
Sec. 2803. Changes to alternative authority for acquisition and 
              improvement of military housing.
Sec. 2804. Additional material for annual report on housing 
              privatization program.
Sec. 2805. Authority to convey property at military installations 
              closed or to be closed in exchange for military 
              construction activities.
Sec. 2806. Congressional notification and reporting requirements and 
              limitations regarding use of operation and maintenance 
              funds for construction.
Sec. 2807. Increase in authorized maximum lease term for family housing 
              and other facilities in certain foreign countries.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Real property transactions.

                      Subtitle C--Land Conveyances

Sec. 2821. Termination of lease and conveyance of Army Reserve 
              facility, Conway, Arkansas.

[[Page 12491]]

Sec. 2822. Actions to quiet title, Fallin Waters Subdivision, Eglin Air 
              Force Base, Florida.
Sec. 2823. Modification of land conveyance, Eglin Air Force Base, 
              Florida.
Sec. 2824. Land conveyance, Fort Campbell, Kentucky and Tennessee.
Sec. 2825. Land conveyance, Army and Air Force Exchange Service 
              Property, Dallas, Texas.
Sec. 2826. Land conveyance, Naval Reserve Center, Orange, Texas.

                       Subtitle D--Other Matters

Sec. 2841. Redesignation of Yuma Training Range Complex as Bob Stump 
              Training Range Complex.
Sec. 2842. Modification of authority to conduct a round of realignments 
              and closures of military installations in 2005.
Sec. 2843. Use of force-structure plan for the Armed Forces in 
              preparation of selection criteria for base closure round.
Sec. 2844. Requirement for unanimous vote of Defense Base Closure and 
              Realignment Commission to recommend closure of military 
              installations not recommended for closure by Secretary of 
              Defense.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

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

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Modification of prohibition relating to low-yield nuclear 
              weapons.
Sec. 3112. Termination of requirement for annual updates of long-term 
              plan for nuclear weapons stockpile life extension 
              program.
Sec. 3113. Extension to all DOE facilities of authority to prohibit 
              dissemination of certain unclassified information.
Sec. 3114. Department of Energy project review groups not subject to 
              Federal Advisory Committee Act by reason of inclusion of 
              employees of Department of Energy management and 
              operating contractors.
Sec. 3115. Availability of funds.
Sec. 3116. Limitation on obligation of funds for Nuclear Test Readiness 
              program.
Sec. 3117. Requirement for on-site managers.

       Subtitle C--Consolidation of National Security Provisions

Sec. 3121. Transfer and consolidation of recurring and general 
              provisions on Department of Energy national security 
              programs.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to objectives for receipts for fiscal year 2000 
              disposals.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                  TITLE XXXV--MARITIME ADMINISTRATION

                     Subtitle A--General Provisions

Sec. 3501. Short title.
Sec. 3502. Definitions.

                  Subtitle B--Maritime Security Fleet

Sec. 3511. Establishment of Maritime Security Fleet.
Sec. 3512. Award of operating agreements.
Sec. 3513. Effectiveness of operating agreements.
Sec. 3514. Obligations and rights under operating agreements.
Sec. 3515. Payments.
Sec. 3516. National security requirements.
Sec. 3517. Regulatory relief.
Sec. 3518. Special rule regarding age of former participating fleet 
              vessel.
Sec. 3519. Authorization of appropriations.
Sec. 3520. Amendment to Shipping Act, 1916.
Sec. 3521. Regulations.
Sec. 3522. Repeals and conforming amendments.
Sec. 3523. Effective dates.

    Subtitle C--National Defense Tank Vessel Construction Assistance

Sec. 3531. National defense tank vessel construction program.
Sec. 3532. Application procedure.
Sec. 3533. Award of assistance.
Sec. 3534. Priority for title XI assistance.
Sec. 3535. Authorization of appropriations.

           Subtitle D--Maritime Administration Authorization

Sec. 3541. Authorization of appropriations for Maritime Administration 
              for fiscal year 2004.
Sec. 3542. Authority to convey vessel USS HOIST (ARS-40).

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

     SEC. 101. ARMY.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for procurement for the Army as follows:
       (1) For aircraft, $2,194,585,000.
       (2) For missiles, $1,594,662,000.
       (3) For weapons and tracked combat vehicles, 
     $2,197,404,000.
       (4) For ammunition, $1,428,966,000.
       (5) For other procurement, $4,321,496,000.

     SEC. 102. NAVY AND MARINE CORPS.

       (a) Navy.--Funds are hereby authorized to be appropriated 
     for fiscal year 2004 for procurement for the Navy as follows:
       (1) For aircraft, $9,050,048,000.
       (2) For weapons, including missiles and torpedoes, 
     $2,529,821,000.
       (3) For ammunition, $963,355,000.
       (4) For shipbuilding and conversion, $11,472,384,000.
       (5) For other procurement, $4,614,892,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 2004 for procurement for the 
     Marine Corps in the amount of $1,154,299,000.

     SEC. 103. AIR FORCE.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for procurement for the Air Force as follows:
       (1) For aircraft, $12,604,451,000.
       (2) For ammunition, $1,324,725,000.
       (3) For missiles, $4,348,039,000.
       (4) For other procurement, $11,376,059,000.

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for Defense-wide procurement in the amount of 
     $3,734,821,000.

                       Subtitle B--Army Programs

     SEC. 111. STRYKER VEHICLE PROGRAM.

       (a) Limitation.--Of the funds authorized to be appropriated 
     under section 101 for procurement for the Army for fiscal 
     year 2004 that are available for the Stryker vehicle program, 
     not more than $655,000,000 may be obligated until--
       (1) the Secretary of the Army has submitted to the Deputy 
     Secretary of Defense the report specified in subsection (b);
       (2) the Secretary of Defense has submitted to the 
     congressional defense committees the report and certification 
     referred to in subsection (c); and
       (3) a period of 30 days has elapsed after the date of the 
     receipt by those committees of the report and certification 
     under paragraph (2).
       (b) Secretary of the Army Report.--The report referred to 
     in subsection (a)(1) is the report required to be submitted 
     by the Secretary of the Army to the Deputy Secretary of 
     Defense not later than July 8, 2003, that identifies options 
     for modifications to the equipment and configuration of the 
     Army brigade designated as ``Stryker brigades'' to assure 
     that those brigades, after incorporating such modifications, 
     provide--
       (1) a higher level of combat capability and sustainability;
       (2) a capability across a broader spectrum of combat 
     operations; and
       (3) a capability to be employed independently of higher-
     level command formations and support.
       (c) Secretary of Defense Report and Certification.--The 
     Secretary of Defense shall transmit to the congressional 
     defense committees not later than 30 days after the date of 
     the receipt by the Deputy Secretary of Defense of the report 
     of the Secretary of the Army referred to in subsection (b), 
     the modification options identified by the Secretary of the 
     Army for purposes of that report. The Secretary of Defense 
     shall include any comments that may be applicable to the 
     analysis of the Secretary of the Army's report and shall 
     certify to the committees whether in the Secretary's judgment 
     fielding the fourth Stryker brigade as planned by the Army in 
     a different configuration from the first three such brigades 
     will fulfill the three objectives set forth in subsection 
     (b).
       (d) Authorized Use of Remainder of Funds.--The funds 
     authorized to be appropriated for procurement for the Army 
     for fiscal year 2004 that are available for the Stryker 
     vehicle program and that become available for obligation upon 
     the conditions of subsection (a) being met shall be obligated 
     either--
       (1) to develop, procure, and field equipment and 
     capabilities for the fourth Stryker brigade combat team that 
     would accelerate the options for modifications to enhance 
     Stryker brigades identified in subsection (b); or
       (2) for the equipment identified in the fiscal year 2004 
     budget request to be procured for the fourth Stryker brigade, 
     if the Secretary of Defense, after reviewing the Secretary of 
     Army's report under subsection (b), determines that the 
     current configuration of the fourth Stryker brigade meets the 
     criteria in paragraphs (1) through (3) of subsection (b) and 
     certifies to the congressional defense committees that the 
     equipment identified in the fiscal year 2004 budget request 
     to be procured for the fourth Stryker brigade provides those 
     capabilities.
       (e) Limitations.--(1) In obligating funds in accordance 
     with either paragraph (1) or paragraph (2) of subsection (d), 
     no action may be

[[Page 12492]]

     taken that would delay, hinder, or otherwise disrupt the 
     current production and fielding schedule for the fourth 
     Stryker brigade.
       (2) Notwithstanding any other provision of this section, 
     all funds authorized to be appropriated under section 101 for 
     procurement for the Army for fiscal year 2004 that are 
     available for the Stryker vehicle program shall be used 
     exclusively to develop, procure, and field Stryker combat 
     vehicles.

                       Subtitle C--Navy Programs

     SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18 AIRCRAFT 
                   PROGRAM.

       The Secretary of the Navy may, in accordance with section 
     2306b of title 10, United States Code, enter into a multiyear 
     contract, beginning with the fiscal year 2005 program year, 
     for procurement of aircraft in the F/A-18E, F/A-18F, and EA-
     18G configurations. The total number of aircraft procured 
     through a multiyear contract under this section may not 
     exceed 234.

     SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR TACTICAL 
                   TOMAHAWK CRUISE MISSILE PROGRAM.

       The Secretary of the Navy may, in accordance with section 
     2306b of title 10, United States Code, enter into a multiyear 
     contract, beginning with the fiscal year 2004 program year, 
     for procurement of Tactical Tomahawk cruise missiles. The 
     total number of missiles procured through a multiyear 
     contract under this section shall be determined by the 
     Secretary of the Navy, based upon the funds available, but 
     not to exceed 900 in any year.

     SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS 
                   SUBMARINE PROGRAM.

       (a) Authority.--The Secretary of the Navy may, in 
     accordance with section 2306b of title 10, United States 
     Code, enter into a multiyear contract, beginning with the 
     fiscal year 2004 program year, for procurement of seven 
     Virginia-class submarines.
       (b) Limitation.--The Secretary of the Navy may not enter 
     into a contract authorized by subsection (a) until--
       (1) the Secretary submits to the congressional defense 
     committees a certification that the Secretary has made each 
     of the findings with respect to such contract specified in 
     subsection (a) of section 2306b of title 10, United States 
     Code; and
       (2) a period of 30 days has elapsed after the date of the 
     transmission of such certification.

     SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR E-2C AIRCRAFT 
                   PROGRAM.

       (a) Aircraft.--The Secretary of the Navy may, in accordance 
     with section 2306b of title 10, United States Code, enter 
     into a multiyear contract, beginning with the fiscal year 
     2004 program year, for procurement of four E-2C and four TE-
     2C aircraft.
       (b) Engines.--The Secretary of the Navy may, in accordance 
     with section 2306b of title 10, United States Code, enter 
     into a multiyear contract, beginning with the fiscal year 
     2004 program year, for procurement of 16 engines for aircraft 
     in the E-2C or TE-2C configuration.
       (c) Limitation on Term of Contracts.--Notwithstanding 
     subsection (k) of section 2306b of title 10, United States 
     Code, a contract under this section may not be for a period 
     in excess of four program years.

     SEC. 125. LPD-17 CLASS VESSEL.

       If after May 7, 2003, there is enacted an Act making 
     supplemental appropriations for the Department of Defense for 
     fiscal year 2003 that includes appropriation of an amount for 
     procurement of Tomahawk cruise missiles for the Navy, then--
       (1) the amount provided in section 102 for procurement of 
     weapons for the Navy is reduced by the amount so appropriated 
     or by $200,000,000, whichever is less, with such reduction to 
     be derived from amounts authorized for procurement of 
     Tomahawk cruise missiles; and
       (2) the amount provided in section 102 for shipbuilding and 
     conversion is increased by the amount of the reduction under 
     paragraph (1), with the amount of such increase to be 
     available for advance procurement of long-lead items, 
     including the advance fabrication of components, for one LPD-
     17 class vessel.

                     Subtitle D--Air Force Programs

     SEC. 131. AIR FORCE AIR REFUELING TRANSFER ACCOUNT.

       (a) Transfer Account.--There is hereby established an 
     account for the Department of the Air Force to be known as 
     the Air Force Air Refueling Transfer Account. Amounts in such 
     account may be used in accordance with subsection (c).
       (b) Authorization of Appropriations.--Within the amount 
     provided in section 103(1), there is authorized to be 
     appropriated to the Air Force Air Refueling Transfer Account 
     for fiscal year 2004 the amount of $229,200,000.
       (c) Authorized Use of Funds.--Amounts in the Air Force Air 
     Refueling Transfer Account may be used for any of the 
     following purposes, as determined by the Secretary of the Air 
     Force:
       (1) Necessary expenses for fiscal year 2004 to prepare for 
     leasing of tanker aircraft under section 8159 of the 
     Department of Defense Appropriations Act, 2002 (division A of 
     Public Law 107-117; 115 Stat. 2284; 10 U.S.C. 2401a note).
       (2) Necessary expenses for fiscal year 2004 to prepare for 
     purchase of tanker aircraft for the Air Force.
       (3) Retaining in active service (rather than retiring) KC-
     135E aircraft.
       (4) Maintenance of equipment for KC-135 aircraft that was 
     purchased through a depot.
       (d) Authorized Transfers.--Subject to subsections (e) and 
     (f), the Secretary of the Air Force may transfer funds in the 
     Air Force Air Refueling Transfer Account to appropriations of 
     the Air Force available for purposes set forth in subsection 
     (c), including appropriations available for procurement, for 
     research, development, test, and evaluation, for operation 
     and maintenance, and for military personnel (in the case of 
     retaining KC-135E aircraft in active service), in such 
     amounts as the Secretary determines necessary for such 
     purpose.
       (e) Limitation.--Amounts appropriated to the Air Force Air 
     Refueling Transfer Account pursuant to the authorization of 
     appropriations in subsection (b) may not be used to enter 
     into a lease for tanker aircraft or to enter into a contract 
     for procurement of tanker aircraft.
       (f) Notice to Congress.--A transfer of funds under 
     subsection (d) may not be made until--
       (1) the Secretary of the Air Force notifies the 
     congressional defense committees in writing of the amount and 
     purpose of the proposed transfer, including each account to 
     which the transfer is to be made; and
       (2) a period of 30 days has elapsed after the date on which 
     the notice is received by those committees.

     SEC. 132. INCREASE IN NUMBER OF AIRCRAFT AUTHORIZED TO BE 
                   PROCURED UNDER MULTIYEAR PROCUREMENT AUTHORITY 
                   FOR AIR FORCE C-130J AIRCRAFT PROGRAM.

       Section 131(a) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2475) is amended by striking ``40 C-130J aircraft'' 
     and inserting ``42 C-130J aircraft''.

     SEC. 133. LIMITATION ON RETIRING C-5 AIRCRAFT.

       (a) Limitation.--The Secretary of the Air Force may not 
     proceed with a decision to retire C-5A aircraft from the 
     active inventory of the Air Force in any number that which 
     would reduce the total number of such aircraft in the active 
     inventory below 112 until--
       (1) the Air Force has modified a C-5A aircraft to the 
     configuration referred to as the Reliability Enhancement and 
     Reengining Program (RERP) configuration, as planned under the 
     C-5 System Development and Demonstration program as of May 1, 
     2003; and
       (2) the Director of Operational Test and Evaluation of the 
     Department of Defense--
       (A) conducts an operational evaluation of that aircraft, as 
     so modified; and
       (B) provides to the Secretary of Defense and the 
     congressional defense committees an operational assessment.
       (b) Operational Evaluation.--An operational evaluation for 
     purposes of paragraph (2)(A) of subsection (a) is an 
     evaluation, conducted during operational testing and 
     evaluation of the aircraft, as so modified, of the 
     performance of the aircraft with respect to reliability, 
     maintainability, and availability and with respect to 
     critical operational issues
       (c) Operational Assessment.--An operational assessment for 
     purposes of paragraph (2)(B) of subsection (a) is an 
     operational assessment of the program to modify C-5A aircraft 
     to the configuration referred to in subsection (a)(1) 
     regarding both overall suitability and deficiencies of the 
     program to improve performance of the C-5A aircraft relative 
     to requirements and specifications for reliability, 
     maintainability, and availability of that aircraft as in 
     effect on May 1, 2003.

     SEC. 134. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT 
                   OF F/A-22 AIRCRAFT.

       (a) Limitation.--Of the amount appropriated for fiscal year 
     2004 for procurement of F/A-22 aircraft, $136,000,000 may not 
     be obligated until the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics submits to the 
     congressional defense committees the Under Secretary's 
     certification that--
       (1) the four primary aircraft designated to participate in 
     the dedicated initial operational test and evaluation program 
     for the F/A-22 aircraft have each been equipped with the 
     version of the avionics software operational flight program 
     that is designated as version 3.1.2 or a later version; and
       (2) before the commencement of that dedicated initial 
     operational test and evaluation program, those four aircraft 
     (as so equipped) demonstrate, on average, an avionics 
     software mean time between instability events of at least 20 
     hours.
       (b) Contingency Waiver Authority.--If the Under Secretary 
     notifies the Secretary of Defense that the Under Secretary is 
     unable to make the certification described in subsection (a), 
     the Secretary may waive the limitation under that subsection. 
     Upon making such a waiver--
       (1) the Secretary of Defense shall notify the congressional 
     defense committees of the waiver and of the reasons therefor; 
     and
       (2) the funds described in subsection (a) may then be 
     obligated, by reason of such waiver, after the end of the 30-
     day period beginning on the date on which the Secretary's 
     notification is received by those committees.

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

              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:
       (1) For the Army, $9,332,382,000.
       (2) For the Navy, $14,343,360,000.
       (3) For the Air Force, $20,548,867,000.
       (4) For Defense-wide activities, $18,461,046,000, of which 
     $286,661,000 is authorized for the Director of Operational 
     Test and Evaluation.

[[Page 12493]]



     SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

       (a) Fiscal Year 2004.--Of the amounts authorized to be 
     appropriated by section 201, $10,893,077,000 shall be 
     available for the Defense Science and Technology Program, 
     including basic research, applied research, and advanced 
     technology development projects.
       (b) Basic Research, Applied Research, and Advanced 
     Technology Development Defined.--For purposes of this 
     section, the term ``basic research, applied research, and 
     advanced technology development'' means work funded in 
     program elements for defense research and development under 
     Department of Defense category 6.1, 6.2, or 6.3.

    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 211. COLLABORATIVE PROGRAM FOR DEVELOPMENT OF 
                   ELECTROMAGNETIC GUN TECHNOLOGY.

       (a) Program Required.--The Secretary of Defense shall 
     establish and carry out a collaborative program for 
     evaluation and demonstration of advanced technologies and 
     concepts for advanced gun systems that use electromagnetic 
     propulsion for direct and indirect fire applications.
       (b) Description of Program.--The program under subsection 
     (a) shall be carried out collaboratively pursuant to a 
     memorandum of agreement to be entered into among the 
     Secretary of the Army, the Secretary of the Navy, and the 
     Director of the Defense Advanced Research Projects Agency. 
     The program shall include the following activities:
       (1) Identification of technical objectives, quantified 
     technical barriers, and enabling technologies associated with 
     development of the objective electromagnetic gun systems 
     envisioned to meet the needs of each of the Armed Forces and, 
     in so doing, identification of opportunities for development 
     of components or subsystems common to those envisioned gun 
     systems.
       (2) Preparation of a time-based plan for development of 
     electromagnetic gun systems for direct fire applications, 
     indirect fire applications, or both direct and indirect fire 
     applications (in the case of the Army and Marine Corps) and 
     for indirect fire applications (in the case of the Navy), 
     which--
       (A) includes the programs currently planned by the Army and 
     by the Navy and demonstrates how the enabling technologies 
     common to such Army and Navy programs are used; and
       (B) provides estimated dates for decision points, prototype 
     demonstrations, and transitions of successful cases from the 
     collaborative program under this section to an acquisition 
     program.
       (3) For each of the enabling technologies common to the 
     Army and Navy programs, identification of whether lead 
     responsibility for developing that technology should be 
     assigned to the Secretary of the Army, the Secretary of the 
     Navy, or the Director, with the Director favored in cases in 
     which the technology is highly challenging or high risk, high 
     reward, and with each such Secretary favored in cases in 
     which that Secretary's military department possesses superior 
     expertise or experience with the technology.
       (4) Identification of a strategy for the participation of 
     industry in the program.
       (c) Matters Included.--The advanced technologies and 
     concepts included under the program may include, but are not 
     limited to, the following:
       (1) Advanced electrical power, energy storage, and 
     switching systems.
       (2) Electromagnetic launcher materials and construction 
     techniques for long barrel life.
       (3) Guidance and control systems for electromagnetically 
     launched projectiles.
       (4) Advanced projectiles and other munitions for 
     electromagnetic gun systems.
       (5) Hypervelocity terminal effects.
       (d) Relationship to Separate Programs of Military 
     Departments.--The Secretary of the Army and the Secretary of 
     the Navy shall carry out separate programs for the evaluation 
     and demonstration of advanced technologies and concepts for, 
     and for the further development and acquisition of, advanced 
     gun systems referred to in subsection (a). Each such 
     Secretary shall incorporate in that Secretary's program the 
     most promising of the technology products matured under the 
     program under subsection (a).
       (e) Report.--Not later than March 31, 2004, the Secretary 
     of the Army, the Secretary of the Navy, and the Director of 
     the Defense Advanced Research Projects Agency shall jointly 
     submit a report to the congressional defense committees on 
     the implementation of the program under subsection (a). The 
     report shall include the following:
       (1) A description of the memorandum of agreement entered 
     into under subsection (b).
       (2) The time-based plan required by subsection (b)(2).
       (3) A description of the goals and objectives of the 
     program.
       (4) Identification of funding required for fiscal year 2004 
     and for the future years defense program to carry out the 
     program.
       (5) A description of a plan for industry participation in 
     the program.

     SEC. 212. AUTHORITY TO SELECT CIVILIAN EMPLOYEE OF DEPARTMENT 
                   OF DEFENSE AS DIRECTOR OF DEPARTMENT OF DEFENSE 
                   TEST RESOURCE MANAGEMENT CENTER.

       Section 196(b)(1) of title 10, United States Code, is 
     amended--
       (1) in the first sentence, by inserting before the period 
     at the end the following: ``or from among senior civilian 
     officials or employees of the Department of Defense who have 
     substantial experience in the field of test and evaluation''; 
     and
       (2) in the second sentence, by striking ``vice admiral'' 
     and inserting ``the grade of vice admiral, or, in the case of 
     a civilian official or employee, an equivalent level.''.

     SEC. 213. DEVELOPMENT OF THE JOINT TACTICAL RADIO SYSTEM.

       (a) Joint Program Office.--The Secretary of Defense shall 
     designate a single joint program office within the Department 
     of Defense for management of the Joint Tactical Radio System 
     development program. The Secretary shall provide for the head 
     of that office to be selected on a rotating basis from among 
     officers of different Armed Forces.
       (b) Consolidated Program Elements.--The Secretary shall 
     provide that all funds for development and procurement of the 
     Joint Tactical Radio System program shall be consolidated 
     under and managed by the head of the joint program office 
     designated under subsection (a).
       (c) Program Development.--The Secretary shall provide that, 
     subject to the authority, direction, and control of the 
     Secretary, the head of the joint program office designated 
     under subsection (a) shall--
       (1) establish and control the performance specifications 
     for the Joint Tactical Radio System;
       (2) establish and control the standards for development of 
     the software and equipment for that system;
       (3) establish and control the standards for operation of 
     that system; and
       (4) develop a single, unified concept of operations for all 
     users of that system.

     SEC. 214. FUTURE COMBAT SYSTEMS.

       (a) Limitation.--None of the funds authorized to be 
     appropriated under section 201(1) for development and 
     demonstration of systems for the Future Combat Systems 
     program may be obligated or expended until 30 days after the 
     Secretary of the Army submits to the congressional defense 
     committees a report on such program. The report shall include 
     the following:
       (1) The findings and conclusions of--
       (A) the review of the Future Combat Systems program carried 
     out by the independent panel at the direction of the 
     Secretary of Defense; and
       (B) the milestone B review of the Future Combat Systems 
     program carried out by the defense acquisition board.
       (2) For each of the key performance parameters relating to 
     the Future Combat Systems program, the threshold value at 
     which the utility of the individual systems comprising the 
     Future Combat Systems program become questionable.
       (3) For each of the three projects requested under program 
     element 64645A, Armored Systems Modernization, a completed 
     analysis of alternatives.
       (b) Separate Program Elements.--For fiscal years beginning 
     with 2004, the Secretary of Defense shall ensure that--
       (1) each project under the Army's Future Combat Systems 
     program (whether in existence before, on, or after the date 
     of the enactment of this Act) is assigned a separate, 
     dedicated program element; and
       (2) before such a program element is assigned to such a 
     project, an analysis of alternatives for such project is 
     completed.

     SEC. 215. ARMY PROGRAM TO PURSUE TECHNOLOGIES LEADING TO THE 
                   ENHANCED PRODUCTION OF TITANIUM BY THE UNITED 
                   STATES.

       (a) Efforts Required.--The Secretary of Defense shall--
       (1) assess promising technologies leading to the enhanced 
     production of titanium by the United States; and
       (2) select, on a competitive basis, the most viable such 
     technologies for research, development, and production.
       (b) Executive Agent.--The Secretary of the Army shall serve 
     as executive agent in carrying out subsection (a).
       (c) Funding.--Of the funds authorized to be appropriated by 
     section 201(1) for research, development, test, and 
     evaluation, Army, for fiscal year 2004, $8,000,000 shall be 
     available in program element 62624A to carry out this 
     section.

     SEC. 216. EXTENSION OF REPORTING REQUIREMENT FOR RAH-66 
                   COMANCHE AIRCRAFT PROGRAM.

       Section 211 of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2479) 
     is amended in subsection (a) by inserting ``and fiscal year 
     2004'' after ``fiscal year 2003''.

     SEC. 217. STUDIES OF FLEET PLATFORM ARCHITECTURES FOR THE 
                   NAVY.

       (a) Independent Studies.--(1) The Secretary of Defense 
     shall provide for the performance of eight independent 
     studies on alternative future fleet platform architectures 
     for the Navy.
       (2) The Secretary shall forward the results of each study 
     to the congressional defense committees not later than March 
     1, 2004.
       (3) Each such study shall be submitted both in 
     unclassified, and to the extent necessary, in classified 
     versions.
       (b) Entities to Perform Studies.--The Secretary of Defense 
     shall provide for the studies under subsection (a) to be 
     performed as follows:
       (1) One shall be performed by the Secretary of the Navy, 
     using Department of the Navy personnel.
       (2) Four shall be performed by qualified analytical 
     organizations external to Department of Defense.
       (3) Three shall be performed by defense firms, or teams of 
     defense firms, in the private sector.

[[Page 12494]]

       (c) Performance of Studies.--(1) The Secretary of Defense 
     shall require each entity undertaking one of the studies 
     under this section to commit to performing the study 
     independently from the other studies and, in the case of the 
     entities selected under paragraphs (2) and (3) of subsection 
     (b), independently from the Navy, so as to ensure independent 
     analysis.
       (2) In performing a study under this section, the entity 
     performing the study shall consider the following:
       (A) The National Security Strategy of the United States.
       (B) Potential future threats to the United States and to 
     United States naval forces.
       (C) The traditional roles and missions of United States 
     naval forces.
       (D) Alternative roles and missions.
       (E) The role of evolving technology on future naval forces.
       (F) Opportunities for reduced manning and unmanned ships 
     and vehicles in future naval forces.
       (3) Each entity performing a study under this section, 
     while cognizant of current overall fleet platform 
     architecture, shall not allow the current features of fleet 
     platform architecture to constrain the analysis for purposes 
     of that study.
       (d) Naval Studies.--Each study under this section shall 
     present one or two possible overall fleet platform 
     architectures. For each such architecture presented, the 
     study shall include the following:
       (1) The numbers, kinds, and sizes of vessels, the numbers 
     and types of associated manned and unmanned vehicles, and the 
     basic capabilities of each of those platforms.
       (2) Other information needed to understand that 
     architecture in basic form and the supporting analysis.
       (e) Costs.--Within the amount provided in section 201(2), 
     the amount of $1,600,000 is authorized, within Program 
     Element 65154N, for the purposes of this section.

                 Subtitle C--Ballistic Missile Defense

     SEC. 221. ENHANCED FLEXIBILITY FOR BALLISTIC MISSILE DEFENSE 
                   SYSTEMS.

       (a) Flexibility for Specification of Program Elements.--
     Subsection (a) of section 223 of title 10, United States 
     Code, is amended--
       (1) by inserting ``by President'' in the subsection heading 
     after ``Specified'';
       (2) by striking ``program elements governing functional 
     areas as follows:'' and inserting ``such program elements as 
     the President may specify.''; and
       (3) by striking paragraphs (1) through (6).
       (b) Conforming Amendments.--(1) Subsection (c) of such 
     section is amended by striking ``for each program element 
     specified in subsection (a)'' and inserting ``for a fiscal 
     year for any program element specified for that fiscal year 
     pursuant to subsection (a)''.
       (2) Subsection (c)(3) of section 232 of the National 
     Defense Authorization Act for Fiscal Year 2002 (Public Law 
     107-107; 115 Stat. 1037; 10 U.S.C. 2431 note) is amended by 
     striking ``each functional area'' and all that follows 
     through ``subsection (b),'' and inserting ``each then-current 
     program element for ballistic missile defense systems in 
     effect pursuant to subsection (a) or (b)''.
       (c) Amendments Relating to Changes in Acquisition 
     Terminology.--(1) Section 223(b)(2) of title 10, United 
     States Code, is amended by striking ``means the development 
     phase whose'' and inserting ``means the period in the course 
     of an acquisition program during which the''.
       (2) Subsection (d)(1) of section 232 of the National 
     Defense Authorization Act for Fiscal Year 2002 (Public Law 
     107-107; 115 Stat. 1037; 10 U.S.C. 2431 note) is amended by 
     striking ``, as added by subsection (b)''.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     expenses, not otherwise provided for, for operation and 
     maintenance, in amounts as follows:
       (1) For the Army, $25,050,587,000.
       (2) For the Navy, $27,901,790,000.
       (3) For the Marine Corps, $3,517,756,000.
       (4) For the Air Force, $25,434,460,000.
       (5) For Defense-wide activities, $16,134,047,000.
       (6) For the Army Reserve, $1,954,009,000.
       (7) For the Naval Reserve, $1,171,921,000.
       (8) For the Marine Corps Reserve, $199,452,000.
       (9) For the Air Force Reserve, $2,170,188,000.
       (10) For the Army National Guard, $4,194,331,000.
       (11) For the Air National Guard, $4,404,646,000.
       (12) For the United States Court of Appeals for the Armed 
     Forces, $10,333,000.
       (13) For Environmental Restoration, Army, $396,018,000.
       (14) For Environmental Restoration, Navy, $256,153,000.
       (15) For Environmental Restoration, Air Force, 
     $384,307,000.
       (16) For Environmental Restoration, Defense-wide, 
     $24,081,000.
       (17) For Environmental Restoration, Formerly Used Defense 
     Sites, $212,619,000.
       (18) For Overseas Humanitarian, Disaster, and Civic Aid 
     programs, $59,000,000.
       (19) For Cooperative Threat Reduction programs, 
     $450,800,000.
       (20) United States Industrial Base Capabilities Fund, 
     $100,000,000.

     SEC. 302. WORKING CAPITAL FUNDS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     providing capital for working capital and revolving funds in 
     amounts as follows:
       (1) For the Defense Working Capital Funds, $632,261,000.
       (2) For the National Defense Sealift Fund, $1,102,762,000.
       (3) For the Defense Commissary Agency Working Capital Fund, 
     $1,089,246,000.

     SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

       (a) Defense Health Program.--Funds are hereby authorized to 
     be appropriated for the Department of Defense for fiscal year 
     2004 for expenses, not otherwise provided for, for the 
     Defense Health Program, $15,317,063,000, of which--
       (1) $14,923,441,000 is for Operation and Maintenance;
       (2) $65,796,000 is for Research, Development, Test, and 
     Evaluation; and
       (3) $327,826,000 is for Procurement.
       (b)  Chemical Agents and Munitions Destruction, Defense.--
     (1) Funds are hereby authorized to be appropriated for the 
     Department of Defense for fiscal year 2004 for expenses, not 
     otherwise provided for, for Chemical Agents and Munitions 
     Destruction, Defense, $1,580,261,000, of which--
       (A) $1,249,168,000 is for Operation and Maintenance;
       (B) $251,881,000 is for Research, Development, Test, and 
     Evaluation; and
       (C) $79,212,000 is for Procurement.
       (2) Amounts authorized to be appropriated under paragraph 
     (1) are authorized for--
       (A) the destruction of lethal chemical agents and munitions 
     in accordance with section 1412 of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C. 1521); and
       (B) the destruction of chemical warfare materiel of the 
     United States that is not covered by section 1412 of such 
     Act.
       (c) Drug Interdiction and Counter-Drug Activities, Defense-
     wide.--Funds are hereby authorized to be appropriated for the 
     Department of Defense for fiscal year 2004 for expenses, not 
     otherwise provided for, for Drug Interdiction and Counter-
     Drug Activities, Defense-wide, $817,371,000.
       (d) Defense Inspector General.--Funds are hereby authorized 
     to be appropriated for the Department of Defense for fiscal 
     year 2004 for expenses, not otherwise provided for, for the 
     Office of the Inspector General of the Department of Defense, 
     $162,449,000.

                  Subtitle B--Environmental Provisions

     SEC. 311. REAUTHORIZATION AND MODIFICATION OF TITLE I OF 
                   SIKES ACT.

       (a) Reauthorization.--Section 108 of the Sikes Act (16 
     U.S.C. 670f) is amended by striking ``fiscal years 1998 
     through 2003'' each place it appears and inserting ``fiscal 
     years 2004 through 2008''.
       (b) Sense of Congress Regarding Section 107.--(1) Congress 
     finds the following:
       (A) The Department of Defense maintains over 25,000,000 
     acres of valuable fish and wildlife habitat on approximately 
     400 military installations nationwide.
       (B) These lands contain a wealth of plant and animal life, 
     vital wetlands for migratory birds, and nearly 300 federally 
     listed threatened species and endangered species.
       (C) Increasingly, land surrounding military bases are being 
     developed with residential and commercial infrastructure that 
     fragments fish and wildlife habitat and decreases its ability 
     to support a diversity of species.
       (D) Comprehensive conservation plans, such as integrated 
     natural resource management plans under the Sikes Act (16 
     U.S.C. 670 et seq.), can ensure that these ecosystem values 
     can be protected and enhanced while allowing these lands to 
     meet the needs of military operations.
       (E) Section 107 of the Sikes Act (16 U.S.C. 670e-2) 
     requires sufficient numbers of professionally trained natural 
     resources management personnel and natural resources law 
     enforcement personnel to be available and assigned 
     responsibility to perform tasks necessary to carry out title 
     I of the Sikes Act, including the preparation and 
     implementation of integrated natural resource management 
     plans.
       (F) Managerial and policymaking functions performed by 
     Department of Defense on-site professionally trained natural 
     resource management personnel on military installations are 
     appropriate governmental functions.
       (G) Professionally trained civilian biologists in permanent 
     Federal Government career managerial positions are essential 
     to oversee fish and wildlife and natural resource 
     conservation programs are essential to the conservation of 
     wildlife species on military land.
       (2) It is the sense of Congress that the Secretary of 
     Defense should take whatever steps are necessary to ensure 
     that section 107 of the Sikes Act (16 U.S.C. 670e-2) is fully 
     implemented consistent with the findings made in paragraph 
     (1).
       (c) Pilot Program for Invasive Species Management for 
     Military Installations.--(1) Section 101(b)(1) of the Sikes 
     Act (16 U.S.C. 670a(b)(1)) is amended by redesignating 
     subparagraphs (D) through (J) in order as subparagraphs (E) 
     through (K), and by inserting after subparagraph (C) the 
     following:
       ``(D) during fiscal years 2004 through 2008, in the case of 
     a plan for a military installation in Guam, management, 
     control, and eradication of invasive species that are not 
     native to the ecosystem of the military installation and the 
     introduction of which cause or may cause harm to

[[Page 12495]]

     military readiness, the environment, the economy, or human 
     health and safety;''.
       (2) The amendment made by paragraph (1) shall apply--
       (A) to any integrated natural resources management plan 
     prepared for a military installation in Guam under section 
     101(a)(1) of the Sikes Act (16 U.S.C. 670a(a)(1)) on or after 
     the date of the enactment of this Act; and
       (B) to any integrated natural resources management plan 
     prepared for a military installation in Guam under section 
     101(a)(1) of the Sikes Act (16 U.S.C. 670a(a)(1)) before the 
     date of the enactment of this Act, effective March 1, 2004.

     SEC. 312. AUTHORIZATION FOR DEFENSE PARTICIPATION IN WETLAND 
                   MITIGATION BANKS.

       (a) In General.--Chapter 159 of title 10, United States 
     Code, is amended by inserting after section 2694a the 
     following new section:

     ``Sec. 2694b. Participation in wetland mitigation banks

       ``(a) Authority to Participate.--The Secretary of a 
     military department, and the Secretary of Defense with 
     respect to matters concerning a Defense Agency, when engaged 
     in an authorized activity that may or will result in the 
     destruction of, or an adverse impact to, a wetland, may make 
     payments to a wetland mitigation banking program or `in-lieu-
     fee' mitigation sponsor approved in accordance with the 
     Federal Guidance for the Establishment, Use and Operation of 
     Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995) or 
     the Federal Guidance on the Use of In-Lieu-Fee Arrangements 
     for Compensatory Mitigation Under Section 404 of the Clean 
     Water Act and Section 10 of the Rivers and Harbors Act (65 
     Fed. Reg. 66913; November 7, 2000), or any successor 
     administrative guidance.
       ``(b) Alternative to Creation of Wetland.--Participation in 
     a wetland mitigation banking program or consolidated user 
     site under subsection (a) shall be in lieu of mitigating 
     wetland impacts through the creation of a wetland on Federal 
     property.
       ``(c) Treatment of Payments.--Payments made under 
     subsection (a) to a wetland mitigation banking program or 
     consolidated user site may be treated as eligible project 
     costs for military construction.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2694a the following new item:

``2694b. Participation in wetland mitigation banks.''.

     SEC. 313. INCLUSION OF ENVIRONMENTAL RESPONSE EQUIPMENT AND 
                   SERVICES IN NAVY DEFINITIONS OF SALVAGE 
                   FACILITIES AND SALVAGE SERVICES.

       (a) Salvage Facilities.--Section 7361 of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(e) Salvage Facilities Defined.--In this section, the 
     term `salvage facilities' includes equipment and gear 
     utilized to prevent, abate, or minimize damage to the 
     environment in connection with a marine salvage operation.''.
       (b) Settlement of Claims for Salvage Services.--Section 
     7363 of such title is amended--
       (1) by inserting ``(a) Authority to Settle Claim.--'' 
     before ``The Secretary''; and
       (2) by adding at the end the following new subsection:
       ``(b) Salvage Services Defined.--In this section, the term 
     `salvage services' includes services performed in connection 
     with a marine salvage operation that are intended to prevent, 
     abate, or minimize damage to the environment.''.

     SEC. 314. CLARIFICATION OF DEPARTMENT OF DEFENSE RESPONSE TO 
                   ENVIRONMENTAL EMERGENCIES.

       (a) Transportation of Humanitarian Relief Supplies to 
     Respond to Environmental Emergencies.--Section 402 of title 
     10, United States Code, is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Response to Environmental Emergencies.--The authority 
     of the Secretary of Defense to transport humanitarian relief 
     supplies under this section includes the authority to 
     transport supplies intended for use to respond to, or 
     mitigate the effects of, an event or condition, such as an 
     oil spill, that threatens serious harm to the environment.''.
       (b) Conditions on Provision of Transportation.--Subsection 
     (b) of such section is amended--
       (1) in paragraph (1)(C), by inserting ``or entity'' after 
     ``people'';
       (2) in paragraph (1)(E), by inserting ``or use'' after 
     ``distribution''; and
       (3) in paragraph (3), by striking ``donor to ensure that 
     supplies to be transported under this section'' and inserting 
     ``entity requesting the transport of supplies under this 
     section to ensure that the supplies''.
       (c) Provision of Disaster Assistance.--Section 404 of such 
     title is amended--
       (1) in subsection (a), by inserting ``or serious harm to 
     the environment'' after ``loss of lives''; and
       (2) in subsection (c)(2), by inserting ``or the 
     environment'' after ``human lives''.
       (d) Provision of Humanitarian Assistance.--Section 2561(a) 
     of such title is amended--
       (1) by inserting ``(1)'' before ``To the extent''; and
       (2) by adding at the end the following new paragraph
       ``(2) The authority of the Department of Defense to provide 
     humanitarian assistance under this section includes the 
     authority to transport supplies or provide assistance 
     intended for use to respond to, or mitigate the effects of, 
     an event or condition, such as an oil spill, that threatens 
     serious harm to the environment.''.

     SEC. 315. REQUIREMENTS FOR RESTORATION ADVISORY BOARDS AND 
                   EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.

       (a) Membership and Meeting Requirements for Restoration 
     Advisory Boards.--The Secretary of Defense shall amend the 
     regulations required by section 2705(d)(2) of title 10, 
     United States Code, relating to the establishment, 
     characteristics, composition, and funding of restoration 
     advisory boards to ensure that each restoration advisory 
     board complies with the following requirements:
       (1) Each restoration advisory board shall be fairly 
     balanced in its membership in terms of the points of view 
     represented and the functions to be performed.
       (2) Unless a closed or partially closed meeting is 
     determined to be proper in accordance with one or more of the 
     exceptions listed in the section 552b(c) of title 5, United 
     States Code, each meeting of a restoration advisory board 
     shall be--
       (A) held at a reasonable time and in a manner or place 
     reasonably accessible to the public, including individuals 
     with disabilities; and
       (B) open to the public.
       (3) Timely notice of each meeting of a restoration advisory 
     board shall be published in a local newspaper of general 
     circulation.
       (4) Interested persons may appear before or file statements 
     with a restoration advisory board, subject to such reasonable 
     restrictions as the Secretary may prescribe.
       (5) Subject to section 552 of title 5, United States Code, 
     the records, reports, minutes, appendixes, working papers, 
     drafts, studies, agenda, or other documents that were made 
     available to, prepared for, or prepared by each restoration 
     advisory board shall be available for public inspection and 
     copying at a single, publicly accessible location, such as a 
     public library or an appropriate office of the military 
     installation for which the restoration advisory board is 
     established, at least until the restoration advisory board is 
     terminated.
       (6) Detailed minutes of each meeting of each restoration 
     advisory board shall be kept and shall contain a record of 
     the persons present, a complete and accurate description of 
     matters discussed and conclusions reached, and copies of all 
     reports received, issued, or approved by the restoration 
     advisory board. The accuracy of the minutes of a restoration 
     advisory board shall be certified by the chairperson of the 
     board.
       (b) FACA Exemption.--Section 2705(d)(2) of title 10, United 
     States Code, is amended by adding at the end the following 
     new subparagraph:
       ``(C) The Federal Advisory Committee Act (5 U.S.C. App.) 
     shall not apply to a restoration advisory board established 
     under this subsection.''.

     SEC. 316. REPORT REGARDING IMPACT OF CIVILIAN COMMUNITY 
                   ENCROACHMENT AND CERTAIN LEGAL REQUIREMENTS ON 
                   MILITARY INSTALLATIONS AND RANGES.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study on the impact, if any, of the following types of 
     activities at military installations and operational ranges:
       (1) Civilian community encroachment on those military 
     installations and ranges whose operational training 
     activities, research, development, test, and evaluation 
     activities, or other operational, test and evaluation, 
     maintenance, storage, disposal, or other support functions 
     require, or in the future reasonably may require, safety or 
     operational buffer areas. The requirement for such a buffer 
     area may be due to a variety of factors, including air 
     operations, ordnance operations and storage, or other 
     activities that generate or might generate noise, electro-
     magnetic interference, ordnance arcs, or environmental 
     impacts that require or may require safety or operational 
     buffer areas.
       (2) Compliance by the Department of Defense with State 
     Implementation Plans for Air Quality under section 110 of the 
     Clean Air Act (42 U.S.C. 7410).
       (3) Compliance by the Department of Defense with the Solid 
     Waste Disposal Act (42 U.S.C. 6901 et seq.) and the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.).
       (b) Matters To Be Included With Respect to Civilian 
     Encroachments.--With respect to paragraph (1) of subsection 
     (a), the study shall include the following:
       (1) A list of all military installations described in 
     subsection (a)(1) at which civilian community encroachment is 
     occurring.
       (2) A description and analysis of the types and degree of 
     such civilian community encroachment at each military 
     installation included on the list.
       (3) An analysis, including views and estimates of the 
     Secretary of Defense, of the current and potential future 
     impact of such civilian community encroachment on operational 
     training activities, research, development, test, and 
     evaluation activities, and other significant operational, 
     test and evaluation, maintenance, storage, disposal, or other 
     support functions performed by military installations 
     included on the list. The analysis shall include the 
     following:
       (A) A review of training and test ranges at military 
     installations, including laboratories and technical centers 
     of the military departments, included on the list.

[[Page 12496]]

       (B) A description and explanation of the trends of such 
     encroachment, as well as consideration of potential future 
     readiness problems resulting from unabated encroachment.
       (4) An estimate of the costs associated with current and 
     anticipated partnerships between the Department of Defense 
     and non-Federal entities to create buffer zones to preclude 
     further development around military installations included on 
     the list, and the costs associated with the conveyance of 
     surplus property around such military installations for 
     purposes of creating buffer zones.
       (5) Options and recommendations for possible legislative or 
     budgetary changes necessary to mitigate current and 
     anticipated future civilian community encroachment problems.
       (c) Matters To Be Included With Respect to Specified 
     Laws.--With respect to paragraphs (2) and (3) of subsection 
     (a), the study shall include the following:
       (1) A list of all military installations and other 
     locations at which the Armed Forces are encountering problems 
     related to compliance with the laws specified in such 
     paragraphs.
       (2) A description and analysis of the types and degree of 
     compliance problems encountered.
       (3) An analysis, including views and estimates of the 
     Secretary of Defense, of the current and potential future 
     impact of such compliance problems on the following functions 
     performed at military installations:
       (A) Operational training activities.
       (B) Research, development, test, and evaluation activities.
       (C) Other significant operational, test and evaluation, 
     maintenance, storage, disposal, or other support functions.
       (4) A description and explanation of the trends of such 
     compliance problems, as well as consideration of potential 
     future readiness problems resulting from such compliance 
     problems.
       (d) Report.--Not later than January 31, 2004, the Secretary 
     of Defense shall submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives a report containing the results of the 
     study conducted under subsection (a), including the specific 
     matters required to be addressed by paragraphs (1) through 
     (5) of subsection (b) and paragraphs (1) through (4) of 
     subsection (c).

     SEC. 317. MILITARY READINESS AND CONSERVATION OF PROTECTED 
                   SPECIES.

       (a) Designation of Critical Habitat.--Section 4(a)(3) of 
     the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is 
     amended by striking ``prudent and determinable'' and 
     inserting ``necessary''.
       (b) Limitation on Designation of Critical Habitat.--Section 
     4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 
     1533(a)(3)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (2) by inserting ``(A)'' after ``(3)''; and
       (3) by adding at the end the following:
       ``(B)(i) The Secretary shall not designate as critical 
     habitat any lands or other geographical areas owned or 
     controlled by the Department of Defense, or designated for 
     its use, that are subject to an integrated natural resources 
     management plan prepared under section 101 of the Sikes Act 
     (16 U.S.C. 670a), if the Secretary determines that such plan 
     addresses special management considerations or protection (as 
     those terms are used in section 3(5)(A)(i)).
       ``(ii) Nothing in this paragraph affects the requirement to 
     consult under section 7(a)(2) with respect to an agency 
     action (as that term is defined in that section).
       ``(iii) Nothing in this paragraph affects the obligation of 
     the Department of Defense to comply with section 9, including 
     the prohibition preventing extinction and taking of 
     endangered species and threatened species.''.
       (c) Consideration of Effects of Designation of Critical 
     Habitat.--Section 4(b)(2) of the Endangered Species Act of 
     1973 (16 U.S.C. 1533(b)(2)) is amended by inserting ``the 
     impact on national security,'' after ``the economic 
     impact,''.

     SEC. 318. MILITARY READINESS AND MARINE MAMMAL PROTECTION.

       (a) Definition of Harassment.--Section 3(18) of the Marine 
     Mammal Protection Act of 1972 (16 U.S.C. 1362(18)) is amended 
     by striking the matter preceding subparagraph (B) and 
     inserting the following:
       ``(18)(A) The term `harassment' means--
       ``(i) any act that injures or has the significant potential 
     to injure a marine mammal or marine mammal stock in the wild; 
     or
       ``(ii) any act that disturbs or is likely to disturb a 
     marine mammal or marine mammal stock in the wild by causing 
     disruption of natural behavioral patterns, including, but not 
     limited to, migration, surfacing, nursing, breeding, feeding, 
     or sheltering, to a point where such behavioral patterns are 
     abandoned or significantly altered.''.
       (b) Exemption of Actions Necessary for National Defense.--
     Section 101 of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1371) is amended by inserting after subsection (e) the 
     following:
       ``(f) Exemption of Actions Necessary for National 
     Defense.--(1) The Secretary of Defense, after conferring with 
     the Secretary of Commerce, the Secretary of the Interior, or 
     both, as appropriate, may exempt any action or category of 
     actions undertaken by the Department of Defense or its 
     components from compliance with any requirement of this Act, 
     if the Secretary determines that it is necessary for national 
     defense.
       ``(2) An exemption granted under this subsection--
       ``(A) subject to subparagraph (B), shall be effective for a 
     period specified by the Secretary of Defense; and
       ``(B) shall not be effective for more than 2 years.
       ``(3)(A) The Secretary of Defense may issue additional 
     exemptions under this subsection for the same action or 
     category of actions, after--
       ``(i) conferring with the Secretary of Commerce, the 
     Secretary of the Interior, or both as appropriate; and
       ``(ii) making a new determination that the additional 
     exemption is necessary for national defense.
       ``(B) Each additional exemption under this paragraph shall 
     be effective for a period specified by the Secretary of 
     Defense, of not more than 2 years.''.
       (c) Incidental Takings of Marine Mammals in Military 
     Readiness Activities.--Section 101(a)(5) of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1371(a)(5)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``within a specified geographical region'';
       (B) by striking ``within that region of small numbers''; 
     and
       (C) by adding at the end the following:
     ``Notwithstanding the preceding sentence, the Secretary is 
     not required to publish notice under this subparagraph with 
     respect to incidental takings while engaged in a military 
     readiness activity (as defined in section 315(f) of Public 
     Law 107-314; 16 U.S.C. 703 note) authorized by the Secretary 
     of Defense, except in the Federal Register.'';
       (2) in subparagraph (B)--
       (A) by striking ``within a specified geographical region''; 
     and
       (B) by striking ``within one or more regions''; and
       (3) in subparagraph (D)--
       (A) in clause (i)--
       (i) by striking ``within a specific geographic region'';
       (ii) by striking ``of small numbers''; and
       (iii) by striking ``within that region''; and
       (B) by adding at the end the following:
       ``(vi) Notwithstanding clause (iii), the Secretary is not 
     required to publish notice under this subparagraph with 
     respect to an authorization under clause (i) of incidental 
     takings while engaged in a military readiness activity (as 
     defined in section 315(f) of Public Law 107-314; 16 U.S.C. 
     703 note) authorized by the Secretary of Defense, except in 
     the Federal Register.''.

     SEC. 319. LIMITATION ON DEPARTMENT OF DEFENSE RESPONSIBILITY 
                   FOR CIVILIAN WATER CONSUMPTION IMPACTS RELATED 
                   TO FORT HUACHUCA, ARIZONA.

       (a) Rule of Construction.--For purposes of section 7 of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536), in the case 
     of Fort Huachuca, Arizona, the Secretary of the Army may be 
     held responsible for water consumption that occurs on that 
     military installation (or outside of that installation but 
     under the direct authority and control of the Secretary). The 
     Secretary of the Army is not responsible for water 
     consumption that occurs outside of Fort Huachuca and is 
     beyond the direct authority and control of the Secretary even 
     though the water is derived from a watershed basin shared by 
     that military installation and the water consumption outside 
     of that installation may impact a critical habitat or 
     endangered species outside the installation.
       (b) Voluntary Efforts.--Nothing in this section shall 
     prohibit the Secretary of the Army from voluntarily 
     undertaking efforts to mitigate water consumption related to 
     Fort Huachuca.
       (c) Definition of Water Consumption.--In this section, the 
     term ``water consumption'' means the consumption of water, 
     from any source, for human purposes of any kind, including 
     household or industrial use, irrigation, or landscaping.
       (d) Effective Date.--This section applies only to 
     Department of Defense actions regarding which consultation or 
     reconsultation under section 7 of the Endangered Species Act 
     of 1973 (16 U.S.C. 1536) is first required with regard to 
     Fort Huachuca on or after the date of the enactment of this 
     Act.

     SEC. 320. CONSTRUCTION OF WETLAND CROSSINGS, CAMP SHELBY 
                   COMBINED ARMS MANEUVER AREA, CAMP SHELBY, 
                   MISSISSIPPI.

       Amounts authorized to be appropriated by section 301(1) for 
     operation and maintenance for the Army shall be available to 
     the Secretary of the Army to construct wetlands crossings at 
     the Camp Shelby Combined Arms Maneuver Area at Camp Shelby, 
     Mississippi, for the purpose of ensuring that combat arms 
     training performed at that area is conducted in conformance 
     with the spirit and intent of applicable environmental laws.

                 Subtitle C--Workplace and Depot Issues

     SEC. 321. EXCLUSION OF CERTAIN EXPENDITURES FROM PERCENTAGE 
                   LIMITATION ON CONTRACTING FOR PERFORMANCE OF 
                   DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS.

       Section 2474(f)(1) of title 10, United States Code, is 
     amended by striking ``entered into during fiscal years 2003 
     through 2006''.

     SEC. 322. HIGH-PERFORMING ORGANIZATION BUSINESS PROCESS 
                   REENGINEERING PILOT PROGRAM.

       (a) Pilot Program.--(1) The Secretary of Defense shall 
     establish a pilot program under which the Secretary of each 
     military department shall administer, or continue the 
     implementation of, high-performing organizations at military 
     installations through the conduct of a Business Process 
     Reengineering initiative.

[[Page 12497]]

       (2) The implementation and management of a Business Process 
     Reengineering initiative under the pilot program shall be the 
     responsibility of the commander of the military installation 
     at which the Business Process Reengineering initiative is 
     carried out.
       (b) Eligible Organizations.--Two types of organizations are 
     eligible for selection to participate in the pilot program:
       (1) Organizations that underwent a Business Process 
     Reengineering initiative within the preceding five years, 
     achieved major performance enhancements under the initiative, 
     and will be able to sustain previous or achieve new 
     performance goals through the continuation of its existing or 
     completed Business Process Reengineering plan.
       (2) Organizations that have not undergone or have not 
     successfully completed a Business Process Reengineering 
     initiative, but which propose to achieve, and reasonably 
     could reach, enhanced performance goals through 
     implementation of a Business Process Reengineering 
     initiative.
       (c) Additional Eligibility Requirements.--(1) To be 
     eligible for selection to participate in the pilot program 
     under subsection (b)(1), an organization described in such 
     subsection must be able to demonstrate the completion of a 
     total organizational assessment that resulted in enhanced 
     performance measures at least comparable to those that might 
     be achieved through competitive sourcing.
       (2) To be eligible for selection to participate in the 
     pilot program under subsection (b)(2), an organization 
     described in such subsection must be able to identify--
       (A) functions, processes, and measures to be studied under 
     the Business Process Reengineering initiative;
       (B) adequate resources for assignment to carry out the 
     Business Process Reengineering initiative; and
       (C) labor/management agreements in place to ensure 
     effective implementation of the Business Process 
     Reengineering initiative.
       (d) Pilot Program Limitations.--The pilot program shall be 
     subject to the following limitations:
       (1) Total participants is limited to 15 military 
     installations, with some participants to be drawn from 
     organizations described in subsection (b)(1) and some 
     participants drawn from organizations described in subsection 
     (b)(2).
       (2) During the implementation period for the Business 
     Process Reengineering initiative, but not to exceed one year, 
     a participating organization shall not be subject to any 
     Office of Management and Budget Circular A-76 competition or 
     other public-private competition involving any function 
     covered by the Business Process Reengineering initiative.
       (e) Effect of Successful Implementation.--An organization 
     designated as a high-performing organization as a result of 
     successful implementation of a Business Process Reengineering 
     initiative under the pilot program shall be exempt, during 
     the five-year period following such designation, from any 
     Office of Management and Budget Circular A-76 competition or 
     other public-private competition involving any function that 
     was studied under the Business Process Reengineering 
     initiative.
       (f) Reviews and Reports.--The Secretaries of the military 
     departments shall conduct annual performance reviews of the 
     participating organizations or functions within their 
     respective departments. Reviews and reports shall evaluate 
     organizational performance measures or functional performance 
     measures and determine whether organizations are performing 
     satisfactorily for purposes of continuing participation in 
     the pilot program.
       (g) Performance Measures.--Performance measures should 
     include the following, which shall be measured against 
     organizational baselines determined before participation in 
     the pilot program:
       (1) Costs, savings, and overall financial performance of 
     the organization.
       (2) Organic knowledge, skills or expertise.
       (3) Efficiency and effectiveness of key functions or 
     processes.
       (4) Efficiency and effectiveness of the overall 
     organization.
       (5) General customer satisfaction.
       (h) Definitions.--In this section
       (1) The term ``high-performing organization'' means an 
     organization whose performance exceeds that of comparable 
     providers, whether public or private.
       (2) The term ``Business Process Reengineering'' refers to 
     an organization's complete and thorough analysis and 
     reengineering of mission and support functions and processes 
     to achieve improvements in performance, including a 
     fundamental reshaping of the way work is done to better 
     support an organization's mission and reduce costs.

     SEC. 323. DELAYED IMPLEMENTATION OF REVISED OFFICE OF 
                   MANAGEMENT AND BUDGET CIRCULAR A-76 BY 
                   DEPARTMENT OF DEFENSE PENDING REPORT.

       (a) Limitation Pending Report.--No studies or competitions 
     may be conducted under the policies and procedures contained 
     in any revisions to Office of Management and Budget Circular 
     A-76, as the circular exists as of May 1, 2003, for possible 
     contracting out of work being performed, as of such date, by 
     employees of the Department of Defense, until the end of the 
     45-day period beginning on the date on which the Secretary of 
     Defense submits to Congress a report on the impacts and 
     effects of the revisions.
       (b) Content of Report.--The report required by subsection 
     (a) shall contain, at a minimum, specific information 
     regarding the following:
       (1) The extent to which the revisions will ensure that 
     employees of the Department of Defense have the opportunity 
     to compete to retain their jobs.
       (2) The extent to which the revisions will provide appeal 
     and protest rights to employees of the Department of Defense 
     that are equivalent to those available to contractors.
       (3) Identify safeguards in the revisions to ensure that all 
     public-private competitions are fair, appropriate, and comply 
     with requirements of full and open competition.
       (4) The plans and strategies of the Department to ensure an 
     appropriate phase-in period for the revisions, as recommended 
     by the Commercial Activities Panel of the Government 
     Accounting Office in its April 2002 report to Congress, 
     including recommendations for any legislative changes that 
     may be required to ensure a smooth and efficient phase-in 
     period.
       (5) The plans and strategies of the Department to collect 
     and analyze data on the costs and quality of work contracted 
     out or retained in-house as a result of a sourcing process 
     conducted under the revised Office of Management and Budget 
     circular A-76.

     SEC. 324. NAVAL AVIATION DEPOTS MULTI-TRADES DEMONSTRATION 
                   PROJECT.

       (a) Demonstration Project Required.--In accordance with 
     section 4703 of title 5, United States Code, the Secretary of 
     the Navy shall establish a demonstration project under which 
     three Naval Aviation Depots are given the flexibility to 
     promote by one grade level workers who are certified at the 
     journey level as able to perform multiple trades.
       (b) Selection Requirements.--As a condition on eligibility 
     for selection to participate in the demonstration project, a 
     Naval Aviation Depot shall submit to the Secretary a business 
     case analysis and concept plan--
       (1) that, on the basis of the results of analysis of work 
     processes, demonstrate that process improvements would result 
     from the trade combinations proposed to be implemented under 
     the demonstration project; and
       (2) that describes the resulting improvements in cost, 
     quality, or schedule.
       (c) Participating Workers.--(1) Actual worker participation 
     in the demonstration project shall be determined through 
     competitive selection. Not more than 15 percent of the wage 
     grade journeyman at a demonstration project location may be 
     selected to participate.
       (2) Job descriptions and competency-based training plans 
     must be developed for each worker while in training under the 
     demonstration project and once certified as a multi-trade 
     worker. A certified multi-trade worker who receives a pay 
     grade promotion under the demonstration project must use each 
     new skill during at least 25 percent of the worker's work 
     week.
       (d) Funding Source.--Amounts appropriated for operation and 
     maintenance of the Naval Aviation Depots selected to 
     participate in the demonstration project shall be used as the 
     source of funds to carry out the demonstration project, 
     including the source of funds for pay increases made under 
     the project.
       (e) Duration.--The demonstration project shall be conducted 
     during fiscal years 2004 through 2006.
       (f) Report.--Not later than January 15, 2007, the Secretary 
     shall submit a report to Congress describing the results of 
     the demonstration project.
       (g) GAO Evaluation.--The Secretary shall transmit a copy 
     the report to the Comptroller General. Within 90 days after 
     receiving a report, the Comptroller General shall submit to 
     Congress an evaluation of the report.

                   Subtitle D--Information Technology

     SEC. 331. PERFORMANCE-BASED AND RESULTS-BASED MANAGEMENT 
                   REQUIREMENTS FOR CHIEF INFORMATION OFFICERS OF 
                   DEPARTMENT OF DEFENSE.

       (a) Accountability.--Section 2223 of title 10, United 
     States Code, is amended--
       (1) by redesignating subsection (c) as subsection (e); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Performance-based and Results-based Management.--In 
     addition to the responsibilities provided for in subsections 
     (a) and (b), the Chief Information Officer of the Department 
     of Defense and the Chief Information Officer of a military 
     department shall--
       ``(1) encourage the use of performance-based and results-
     based management in fulfilling the responsibilities provided 
     for in subsections (a) and (b), as applicable;
       ``(2) evaluate the information resources management 
     practices of the department concerned with respect to the 
     performance and results of the investments made by the 
     department in information technology;
       ``(3) establish effective and efficient capital planning 
     processes for selecting, managing, and evaluating the results 
     of all of the department's major investments in information 
     systems;
       ``(4) ensure that any analysis of the missions of the 
     department is adequate and make recommendations, as 
     appropriate, on the department's mission-related processes, 
     administrative processes, and any significant investments in 
     information technology to be used in support of those 
     missions; and
       ``(5) ensure that information security policies, 
     procedures, and practices are adequate.''.
       (b) Defense Agency Responsibilities.--Section 2223 of title 
     10, United States Code, is further amended by inserting after 
     subsection (c), as added by subsection (a), the following new 
     subsection:
       ``(d) Defense Agencies and Field Activities.--The Secretary 
     of Defense shall require

[[Page 12498]]

     the Director of each Defense Agency and Department of Defense 
     Field Activity to ensure that the responsibilities set forth 
     in subsections (b) and (c) for Chief Information Officers of 
     military departments are carried out within the Agency or 
     Field Activity by any officer or employee acting as a chief 
     information officer or carrying out duties similar to a chief 
     information officer.''.

                       Subtitle E--Other Matters

     SEC. 341. CATALOGING AND STANDARDIZATION FOR DEFENSE SUPPLY 
                   MANAGEMENT.

       (a) Standardization Methods.--Section 2451 of title 10, 
     United States Code, is amended to read as follows:

     ``Sec. 2451. Defense supply management

       ``(a) Single Catalog System.--The Secretary of Defense 
     shall adopt, implement and maintain a single catalog system 
     for standardizing supplies for the Department of Defense. The 
     single catalog system shall be used for each supply the 
     Department uses, buys, stocks, or distributes.
       ``(b) Standardization Requirements.--To the highest degree 
     practicable, the Secretary of Defense shall--
       ``(1) adopt and use single commercial standards or 
     voluntary standards, in consultation with industry advisory 
     groups, in order to eliminate overlapping and duplicate 
     specifications for supplies for the Department of Defense and 
     to reduce the number of sizes and kind of supplies that are 
     generally similar;
       ``(2) standardize the methods of packing, packaging, and 
     preserving supplies; and
       ``(3) make efficient use of the services and facilities for 
     inspecting, testing, and accepting supplies.
       ``(c) Consultation and Cooperation.--The Secretary of 
     Defense shall maintain liaison with industry advisory groups 
     to coordinate the development of the supply catalog and the 
     standardization program with the best practices of industry 
     and to obtain the fullest practicable cooperation and 
     participation of industry in developing the supply catalog 
     and the standardization program.''.
       (b) Equipment Standardization with NATO Members.--Section 
     2457 of such title is amended by striking subsection (d).
       (c) Conforming Repeals.--(1) Chapter 145 of such title is 
     amended by striking sections 2452, 2453, and 2454.
       (2) The table of sections at the beginning of such chapter 
     is amended by striking the items related to sections 2452, 
     2453, and 2454.

     SEC. 342. SPACE-AVAILABLE TRANSPORTATION FOR DEPENDENTS OF 
                   MEMBERS ASSIGNED TO OVERSEAS DUTY LOCATIONS FOR 
                   CONTINUOUS PERIOD IN EXCESS OF ONE YEAR.

       (a) In General.--Chapter 157 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2648. Dependents of members assigned to overseas duty 
       locations for continuous period in excess of one year: 
       space-available transportation

       ``(a) Authority.--The Secretary of Defense shall authorize 
     travel on Government aircraft on a space-available basis for 
     dependents of members on active duty assigned to duty at an 
     overseas location as described in subsection (b) to the same 
     extent as such travel is authorized for a dependent of a 
     member assigned to that duty location in a permanent change 
     of station status.
       ``(b) Duty Status Covered.--Duty at an overseas location 
     described in this subsection is duty for a continuous period 
     in excess of one year that is in a temporary duty status or 
     that is in a permanent duty status without change of station.
       ``(c) Types of Transportation Authorized.--If authorized 
     for other members at that duty location, travel provided 
     under this section may include (1) travel between the 
     overseas duty location and the United States and return, and 
     (2) travel between the overseas duty location and another 
     overseas location and return.
       ``(d) Alaska and Hawaii.--For purposes of this section, 
     duty in Alaska or Hawaii shall be considered to be duty at an 
     overseas location.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2648. Dependents of members assigned to overseas duty locations for 
              continuous period in excess of one year: space-available 
              transportation.''.

     SEC. 343. PRESERVATION OF AIR FORCE RESERVE WEATHER 
                   RECONNAISSANCE MISSION.

       The Secretary of Defense shall not disestablish, 
     discontinue, or transfer the weather reconnaissance mission 
     of the Air Force Reserve unless the Secretary determines that 
     another organization or entity can demonstrate that it has 
     the capability to perform the same mission with the same 
     capability as the Air Force Reserve.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

       The Armed Forces are authorized strengths for active duty 
     personnel as of September 30, 2004, as follows:
       (1) The Army, 482,375.
       (2) The Navy, 375,700.
       (3) The Marine Corps, 175,000.
       (4) The Air Force, 361,268.

     SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 
                   MINIMUM LEVELS.

       Effective October 1, 2003, section 691(b) of title 10, 
     United States Code, is amended as follows:
       (1) Army.--Paragraph (1) is amended by striking ``480,000'' 
     and inserting ``482,375''.
       (2) Air force.--Paragraph (4) is amended by striking 
     ``359,000'' and inserting ``361,268''.

                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

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

       Within the end strengths prescribed in section 411(a), the 
     reserve components of the Armed Forces are authorized, as of 
     September 30, 2004, the following number of Reserves to be 
     serving on full-time active duty or full-time duty, in the 
     case of members of the National Guard, for the purpose of 
     organizing, administering, recruiting, instructing, or 
     training the reserve components:
       (1) The Army National Guard of the United States, 25,386.
       (2) The Army Reserve, 14,374.
       (3) The Naval Reserve, 14,384.
       (4) The Marine Corps Reserve, 2,261.
       (5) The Air National Guard of the United States, 12,140.
       (6) The Air Force Reserve, 1,660.

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

       The minimum number of military technicians (dual status) as 
     of the last day of fiscal year 2004 for the reserve 
     components of the Army and the Air Force (notwithstanding 
     section 129 of title 10, United States Code) shall be the 
     following:
       (1) For the Army National Guard of the United States, 
     24,589.
       (2) For the Army Reserve, 7,844.
       (3) For the Air National Guard of the United States, 
     22,806.
       (4) For the Air Force Reserve, 9,991.

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

       The number of non-dual status technicians of a reserve 
     component of the Army or the Air Force as of September 30, 
     2004, may not exceed the following:
       (1) For the Army Reserve, 910.
       (2) For the Army National Guard of the United States, 
     1,600.
       (3) For the Air Force Reserve, 90.
       (4) For the Air National Guard of the United States, 350.

     SEC. 415. PERMANENT LIMITATIONS ON NUMBER OF NON-DUAL STATUS 
                   TECHNICIANS.

       Section 10217(c) of title 10, United States Code, is 
     amended by striking ``and Air Force Reserve may not exceed 
     175'' and inserting ``may not exceed 595 and by the Air Force 
     Reserve may not exceed 90''.

              Subtitle C--Authorizations of Appropriations

     SEC. 421. MILITARY PERSONNEL.

       There is hereby authorized to be appropriated to the 
     Department of Defense for military personnel for fiscal year 
     2004 a total of $98,938,511,000. The authorization in the 
     preceding sentence supersedes any other authorization of 
     appropriations (definite or indefinite) for such purpose for 
     fiscal year 2004.

     SEC. 422. ARMED FORCES RETIREMENT HOME.

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

                   TITLE V--MILITARY PERSONNEL POLICY

              Subtitle A--General and Flag Officer Matters

     SEC. 501. STANDARDIZATION OF QUALIFICATIONS FOR APPOINTMENT 
                   AS SERVICE CHIEF.

       (a) Chief of Naval Operations.--Section 5033(a)(1) of title 
     10, United States Code, is amended by striking ``from 
     officers on the active-duty list in the line of the Navy who 
     are eligible to command at sea and who hold the grade of rear 
     admiral or above'' and inserting ``flag officers of the 
     Navy''.

[[Page 12499]]

       (b) Commandant of the Marine Corps.--Section 5043(a)(1) of 
     title 10, United States Code, is amended by striking ``from 
     officers on the active-duty list of the Marine Corps not 
     below the grade of colonel'' and inserting ``general officers 
     of the Marine Corps''.

           Subtitle B--Other Officer Personnel Policy Matters

     SEC. 511. REPEAL OF PROHIBITION ON TRANSFER BETWEEN LINE OF 
                   THE NAVY AND NAVY STAFF CORPS APPLICABLE TO 
                   REGULAR NAVY OFFICERS IN GRADES ABOVE 
                   LIEUTENANT COMMANDER.

       (a) Repeal.--Section 5582 of title 10, United States Code, 
     is repealed.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 539 of such title is amended by striking 
     the item relating to section 5582.

     SEC. 512. RETENTION OF HEALTH PROFESSIONS OFFICERS TO FULFILL 
                   ACTIVE-DUTY SERVICE COMMITMENTS FOLLOWING 
                   PROMOTION NONSELECTION.

       (a) In General.--Section 632 of title 10, United States 
     Code, is amended--
       (1) in subsection (a)(1), by inserting ``except as provided 
     in paragraph (3) and in subsection (c),'' before ``be 
     discharged''; and
       (3) by adding at the end the following new subsection:
       ``(c)(1) If a health professions officer described in 
     paragraph (2) is subject to discharge under subsection (a)(1) 
     and, as of the date on which the officer is to be discharged 
     under that paragraph, the officer has not completed a period 
     of active duty service obligation that the officer incurred 
     under section 2005, 2114, 2123, or 2603 of this title, the 
     officer shall be retained on active duty until completion of 
     such active duty service obligation, and then be discharged 
     under that subsection, unless sooner retired or discharged 
     under another provision of law.
       ``(2) The Secretary concerned may waive the applicability 
     of paragraph (1) to any officer if the Secretary determines 
     that completion of the active duty service obligation of that 
     officer is not in the best interest of the service.
       ``(3) This subsection applies to a medical officer or 
     dental officer or an officer appointed in a medical skill 
     other than as a medical officer or dental officer (as defined 
     in regulations prescribed by the Secretary of Defense).''.
       (b) Technical Amendments.--Sections 630(2), 631(a)(3), and 
     632(a)(3) of such title are amended by striking ``clause'' 
     and inserting ``paragraph''.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall not apply in the case of an officer who as of the date 
     of the enactment of this Act is required to be discharged 
     under section 632(a)(1) of title 10, United States Code, by 
     reason of having failed of selection for promotion to the 
     next higher regular grade a second time.

     SEC. 513. INCREASED FLEXIBILITY FOR VOLUNTARY RETIREMENT FOR 
                   MILITARY OFFICERS.

       (a) In General.--Section 1370 of title 10, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``except as provided in paragraph (2)'' and 
     inserting ``subject to paragraphs (2) and (3)''; and
       (ii) by striking ``, for not less than six months'';
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by striking paragraph (2) and inserting the following:
       ``(2) In order to be eligible for voluntary retirement 
     under this title in a grade below the grade of lieutenant 
     colonel or commander, a commissioned officer of the Army, 
     Navy, Air Force, or Marine Corps covered by paragraph (1) 
     must have served on active duty in that grade for not less 
     than six months.
       ``(3)(A) In order to be eligible for voluntary retirement 
     in a grade above major or lieutenant commander and below 
     brigadier general or rear admiral (lower half), a 
     commissioned officer of the Army, Navy, Air Force, or Marine 
     Corps covered by paragraph (1) must have served on active 
     duty in that grade for not less than three years, except that 
     the Secretary of Defense may authorize the Secretary of the 
     military department concerned to reduce such period to a 
     period not less than two years.
       ``(B) In order to be eligible for voluntary retirement in a 
     grade above colonel or captain, in the case of the Navy, a 
     commissioned officer of the Army, Navy, Air Force, or Marine 
     Corps covered by paragraph (1) must have served on active 
     duty in that grade for not less than one year.
       ``(C) An officer in a grade above major general or rear 
     admiral may be retired in the highest grade in which the 
     officer served on active duty satisfactorily for not less 
     than one year, upon approval by the Secretary of the military 
     department concerned and concurrence by the Secretary of 
     Defense. The function of the Secretary of Defense under the 
     preceding sentence may only be delegated to a civilian 
     official in the Office of the Secretary of Defense appointed 
     by the President, by and with the advice and consent of the 
     Senate.
       ``(D) The President may waive subparagraph (A), (B) or (C) 
     in individual cases involving extreme hardship or exceptional 
     or unusual circumstances. The authority of the President 
     under the preceding sentence may not be delegated.'';
       (2) in subsection (b), by inserting ``or whose service on 
     active duty in that grade was not determined to be 
     satisfactory by the Secretary of the military department 
     concerned'' after ``specified in subsection (a)'';
       (3) by striking subsection (c); and
       (4) by redesignating subsection (d) as subsection (c) and 
     in that subsection--
       (A) in paragraph (3)--
       (i) in subparagraph (A)--

       (I) by inserting ``(i)'' after ``(3)(A)'';
       (II) by inserting ``and below brigadier general or rear 
     admiral (lower half)'' after ``lieutenant commander'';
       (III) by inserting ``, except that the Secretary of Defense 
     may authorize the Secretary of the military department 
     concerned to reduce such period to a period not less than two 
     years'' after ``three years''; and
       (IV) by adding at the end the following new clauses:

       ``(ii) In order to be credited with satisfactory service in 
     a grade above colonel or captain, in the case of the Navy, a 
     person covered by paragraph (1) must have served 
     satisfactorily in that grade (as determined by the Secretary 
     of the military department concerned) as a reserve 
     commissioned officer in active status, or in a retired status 
     on active duty, for not less than one year.
       ``(iii) An officer covered by paragraph (1) who is in a 
     grade above the grade of major general or rear admiral may be 
     retired in the highest grade in which the officer served 
     satisfactorily for not less than one year, upon approval by 
     the Secretary of the military department concerned and 
     concurrence by the Secretary of Defense. The function of the 
     Secretary of Defense under the preceding sentence may only be 
     delegated to a civilian official in the Office of the 
     Secretary of Defense appointed by the president, by and with 
     the advice and consent of the Senate.'';
       (ii) in subparagraphs (D) and (E), by striking subparagraph 
     (A)'' and inserting ``subparagraph (A)(i)''; and
       (iii) by striking subparagraph (F); and
       (B) by striking paragraphs (5) and (6); and
       (5) by striking subsection (e).
       (b) Conforming Amendments.--Section 1406(i)(2) of such 
     title is amended--
       (1) in the paragraph heading, by striking ``members'' and 
     all that follows through ``satisfactorily'' and inserting 
     ``enlisted members reduced in grade'';
       (2) by striking ``a member'' and inserting ``an enlisted 
     member'';
       (3) by striking ``1998--'' and all that follows through 
     ``is reduced in'' and inserting ``1998, is reduced in'';
       (4) by striking ``; or'' and inserting a period; and
       (5) by striking subparagraph (B).
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to the determination of the retired 
     grade of members of the Armed Forces retiring on or after the 
     date of the enactment of this Act.

                 Subtitle C--Reserve Component Matters

     SEC. 521. STREAMLINED PROCESS FOR CONTINUATION OF OFFICERS ON 
                   THE RESERVE ACTIVE-STATUS LIST.

       (a) Repeal of Requirement for Use of Selection Boards.--
     Section 14701 of title 10, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``by a selection board 
     convened under section 14101(b) of this title'' and inserting 
     ``under regulations prescribed by the Secretary of Defense; 
     and
       (B) in paragraph (6), by striking ``as a result of the 
     convening of a selection board under section 14101(b) of this 
     title'' and inserting ``under regulations prescribed under 
     paragraph (1)'';
       (2) by striking subsections (b) and (c); and
       (3) by redesignating subsection (d) as subsection (b).
       (b) Conforming Amendments.--(1) Section 14101(b) of such 
     title is amended--
       (A) by striking ``Continuation Boards'' and inserting 
     ``Selective Early Separation Boards'';
       (B) by striking paragraph (1);
       (C) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively; and
       (D) by striking the last sentence.
       (2) Section 14102(a) of such title is amended by striking 
     ``Continuation boards'' and inserting ``Selection boards 
     convened under section 14101(b) of this title''.
       (3) Section 14705(b)(1) of such title is amended by 
     striking ``continuation board'' and inserting ``selection 
     board''.

     SEC. 522. CONSIDERATION OF RESERVE OFFICERS FOR POSITION 
                   VACANCY PROMOTIONS IN TIME OF WAR OR NATIONAL 
                   EMERGENCY.

       (a) Promotion Consideration While on Active-Duty List.--(1) 
     Subsection (d) of section 14317 of title 10, United States 
     Code, is amended by striking ``If a reserve officer'' and 
     inserting ``Except as provided in subsection (e), if a 
     reserve officer''.
       (2) Subsection (e) of such section is amended to read as 
     follows:
       ``(e) Officers Ordered to Active Duty in Time of War or 
     National Emergency.--(1) A reserve officer who is not on the 
     active-duty list and who is ordered to active duty in time of 
     war or national emergency may, if eligible, be considered for 
     promotion--
       ``(A) by a mandatory promotion board convened under section 
     14101(a) of this title or a special selection board convened 
     under section 14502 of this title; or
       ``(B) in the case of an officer who has been ordered to or 
     is serving on active duty in support of a contingency 
     operation, by a vacancy promotion board convened under 
     section 14101(a) of this title.

[[Page 12500]]

       ``(2) An officer may not be considered for promotion under 
     this subsection after the end of the two-year period 
     beginning on the date on which the officer is ordered to 
     active duty.
       ``(3) An officer may not be considered for promotion under 
     this subsection during a period when the operation of this 
     section has been suspended by the President under the 
     provisions of section 123 or 10213 of this title.
       ``(4) Consideration of an officer for promotion under this 
     subsection shall be under regulations prescribed by the 
     Secretary of the military department concerned.''.
       (b) Conforming Amendment.--Section 14315(a)(1) of such 
     title is amended by striking ``as determined by the Secretary 
     concerned, is available'' and inserting ``under regulations 
     prescribed by the Secretary concerned, has been 
     recommended''.

     SEC. 523. SIMPLIFICATION OF DETERMINATION OF ANNUAL 
                   PARTICIPATION FOR PURPOSES OF READY RESERVE 
                   TRAINING REQUIREMENTS.

       Subsection (a) of section 10147 of title 10, United States 
     Code, is amended to read as follows:
       ``(a)(1) Except as provided pursuant to paragraph (2), each 
     person who is enlisted, inducted, or appointed in an armed 
     force and who becomes a member of the Ready Reserve under any 
     provision of law other than section 513 or 10145(b) of this 
     title shall be required, while in the Ready Reserve, to 
     participate in a combination of drills, training periods, and 
     active duty equivalent to 38 days (exclusive of travel) 
     during each year.
       ``(2) The Secretary of Defense, and the Secretary of 
     Homeland Security with respect to the Coast Guard when it is 
     not operating as a service in the Navy, may prescribe 
     regulations providing specific exceptions for the 
     requirements of paragraph (1).''.

     SEC. 524. AUTHORITY FOR DELEGATION OF REQUIRED SECRETARIAL 
                   SPECIAL FINDING FOR PLACEMENT OF CERTAIN 
                   RETIRED MEMBERS IN READY RESERVE.

       The last sentence of section 10145(d) of title 10, United 
     States Code, is amended to read as follows: ``The authority 
     of the Secretary concerned under the preceding sentence may 
     not be delegated--
       ``(1) to a civilian officer or employee of the military 
     department concerned below the level of the Assistant 
     Secretary of the military department concerned; or
       ``(2) to a member of the armed forces below the level of 
     the lieutenant general or vice admiral in an armed force with 
     responsibility for military personnel policy in that armed 
     force.''.

     SEC. 525. AUTHORITY TO PROVIDE EXPENSES OF ARMY AND AIR STAFF 
                   PERSONNEL AND NATIONAL GUARD BUREAU PERSONNEL 
                   ATTENDING NATIONAL CONVENTIONS OF CERTAIN 
                   MILITARY ASSOCIATIONS.

       (a) Authority.--Section 107(a)(2) of title 32, United 
     States Code, is amended--
       (1) by striking ``officers'' and inserting ``members'';
       (2) by striking ``Army General Staff'' and inserting ``Army 
     Staff''; and
       (3) by striking ``National Guard Association of the United 
     States'' and inserting ``, Enlisted Association of the 
     National Guard of the United States, National Guard 
     Association of the United States,''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall not apply with respect to funds appropriated for a 
     fiscal year before fiscal year 2004.

              Subtitle D--Military Education and Training

     SEC. 531. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD 
                   THE DEGREE OF MASTER OF OPERATIONAL STUDIES.

       (a) Authority.--Section 7102 of title 10, United States 
     Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Command and Staff College of the Marine Corp 
     University.--Upon the recommendation of the Director and 
     faculty of the Command and Staff College of the Marine Corps 
     University, the President of the Marine Corps University may 
     confer the degree of master of operational studies upon 
     graduates of the Command and Staff College's School of 
     Advanced Warfighting who fulfill the requirements for that 
     degree.''.
       (b) Effective Date.--The authority to confer the degree of 
     master of operational studies under section 7102(c) of title 
     10, United States Code (as added by subsection (a)) may not 
     be exercised until the Secretary of Education determines, and 
     certifies to the President of the Marine Corps University, 
     that the requirements established by the Command and General 
     Staff College of the Marine Corps University for that degree 
     are in accordance with generally applicable requirements for 
     a degree of master of arts. Upon receipt of such a 
     certification, the President of the University shall promptly 
     transmit a copy of the certification to the Committee on 
     Armed Services of the Senate and Committee on Armed Services 
     of the House of Representatives.

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

       (a) Financial Assistance Program for Service on Active 
     Duty.--Section 2107(c) of title 10, United States Code, is 
     amended by adding at the end the following new paragraphs:
       ``(3) In the case of a cadet or midshipman eligible to 
     receive financial assistance under paragraph (1) or (2), the 
     Secretary of the military department concerned may, in lieu 
     of all or part of the financial assistance described in 
     paragraph (1), provide financial assistance in the form of 
     room and board expenses for the cadet or midshipman and other 
     expenses required by the educational institution.
       ``(4) The total amount of financial assistance, including 
     the payment of room and board and other educational expenses, 
     provided to a cadet or midshipman in an academic year under 
     this subsection may not exceed an amount equal to the amount 
     that could be provided as financial assistance for such cadet 
     or midshipman under paragraph (1) or (2), or other amount 
     determined by the Secretary concerned, without regard to 
     whether room and board and other educational expenses for 
     such cadet or midshipman are paid under paragraph (3).''.
       ``(b) Financial Assistance Program for Service in Troop 
     Program Units.--Section 2107a(c) of such title is amended--
       (1) by inserting ``(1)'' after ``(c)''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) In the case of a cadet eligible to receive financial 
     assistance under paragraph (1), the Secretary of the military 
     department concerned may, in lieu of all or part of the 
     financial assistance described in paragraph (1), provide 
     financial assistance in the form of room and board expenses 
     for such cadet and other expenses required by the educational 
     institution.
       ``(3) The total amount of financial assistance, including 
     the payment of room and board and any other educational 
     expenses, provided to a cadet in an academic year under this 
     subsection may not exceed an amount equal to the amount that 
     could be provided as financial assistance for such cadet 
     under paragraph (1), or other amount determined by the 
     Secretary of the Army, without regard to whether the room and 
     board and other educational expenses for such cadet are paid 
     under paragraph (2).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to payment of expenses of cadets and midshipmen 
     of the Senior Reserve Officers' Training Corps program that 
     are due after the date of the enactment of this Act.

     SEC. 533. INCREASE IN ALLOCATION OF SCHOLARSHIPS UNDER ARMY 
                   RESERVE ROTC SCHOLARSHIP PROGRAM TO STUDENTS AT 
                   MILITARY JUNIOR COLLEGES.

       Section 2107a(h) of title 10, United States Code, is 
     amended by striking ``10'' each place it appears and 
     inserting ``17''.

     SEC. 534. INCLUSION OF ACCRUED INTEREST IN AMOUNTS THAT MAY 
                   BE REPAID UNDER SELECTED RESERVE CRITICAL 
                   SPECIALTIES EDUCATION LOAN REPAYMENT PROGRAM.

       Section 16301 of title 10, United States Code, is amended--
       (1) in subsection (b), by inserting before the period at 
     the end the following: ``, plus the amount of any interest 
     that may accrue during the current year''; and
       (2) in subsection (c), by adding at the end the following 
     new sentence: ``For the purposes of this section, any 
     interest that has accrued on the loan for periods before the 
     current year shall be considered as within the total loan 
     amount that shall be repaid.''.

     SEC. 535. AUTHORITY FOR NONSCHOLARSHIP SENIOR ROTC SOPHOMORES 
                   TO VOLUNTARILY CONTRACT FOR AND RECEIVE 
                   SUBSISTENCE ALLOWANCE.

       (a) Authority for Allowance.--Section 209 of title 37, 
     United States Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Nonscholarship Senior ROTC Members Not in Advanced 
     Training.--A member of the Selected Reserve Officers' 
     Training Corps who has entered into an agreement under 
     section 2103a of title 10 is entitled to a monthly 
     subsistence allowance at a rate prescribed under subsection 
     (a). The allowance may be paid to the member for a maximum of 
     20 months.''.
       (b) Authority to Accept Enrollment.--(1) Chapter 103 of 
     title 10, United States Code, is amended by inserting after 
     section 2103 the following new section:

     ``Sec. 2103a. Students not eligible for advanced training: 
       commitment to military service

       ``(a) A member of the program who has completed 
     successfully the first year of a four-year Senior Reserve 
     Officers' Training Corps course and who is not eligible for 
     advanced training under section 2104 of this title and is not 
     a cadet or midshipman appointed under section 2107 of this 
     title may--
       ``(1) contract with the Secretary of the military 
     department concerned, or the Secretary's designated 
     representative, to serve for the period required by the 
     program; and
       ``(2) agree in writing to accept an appointment, if 
     offered, as a commissioned officer in the Army, Navy, Air 
     Force, or Marine Corps, as the case may be, and to serve in 
     the armed forces for the period prescribed by the Secretary.
       ``(b) A member of the program may enter into a contract and 
     agreement under this section (and receive a subsistence 
     allowance under section 209(c) of title 37) only if the 
     person--
       ``(1) is a citizen of the United States;
       ``(2) enlists in an armed force under the jurisdiction of 
     the Secretary of the military department concerned for the 
     period prescribed by the Secretary; and

[[Page 12501]]

       ``(3) executes a certificate of loyalty in such form as the 
     Secretary of Defense prescribes or take a loyalty oath as 
     prescribed by the Secretary.
       ``(c) A member of the program who is a minor may enter into 
     a contract under subsection (a)(1) only with the consent of 
     the member's parent or guardian.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``2103a. Students not eligible for advanced training: commitment to 
              military service.''.

     SEC. 536. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM 
                   NOMINATIONS MADE BY DELEGATES FROM GUAM, VIRGIN 
                   ISLANDS, AND AMERICAN SAMOA.

       (a) United States Military Academy.--Section 4342(a) of 
     title 10, United States Code, is amended--
       (1) in paragraphs (6) and (8), by striking ``Two'' and 
     inserting ``Three''; and
       (2) in paragraph (9), by striking ``One'' and inserting 
     ``Two''.
       (b) United States Naval Academy.--Section 6954(a) of such 
     title is amended--
       (1) in paragraphs (6) and (8), by striking ``Two'' and 
     inserting ``Three''; and
       (2) in paragraph (9), by striking ``One'' and inserting 
     ``Two''.
       (c) United States Air Force Academy.--Section 9342(a) of 
     such title is amended--
       (1) in paragraphs (6) and (8), by striking ``Two'' and 
     inserting ``Three''; and
       (2) in paragraph (9), by striking ``One'' and inserting 
     ``Two''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to the nomination of candidates for 
     appointment to the United States Military Academy, the United 
     States Naval Academy, and the United States Air Force Academy 
     for classes entering those academies after the date of the 
     enactment of this Act.

     SEC. 537. READMISSION TO SERVICE ACADEMIES OF CERTAIN FORMER 
                   CADETS AND MIDSHIPMEN.

       (a) Inspector General Report as Basis for Readmission.--(1) 
     When a formal report by an Inspector General within the 
     Department of Defense concerning the circumstances of the 
     separation of a cadet or midshipman from one of the service 
     academies contains a specific finding specified in paragraph 
     (2), the Secretary of the military department concerned may 
     use that report as the sole basis for readmission of the 
     former cadet or midshipman to the respective service or 
     service academy.
       (2) A finding specified in this paragraph is a finding that 
     substantiates that a former service academy cadet or 
     midshipman, while attending the service academy--
       (A) received administrative or punitive action or 
     nonjudicial punishment as a result of reprisal;
       (B) resigned in lieu of disciplinary, administrative, or 
     other action that the formal report concludes constituted a 
     threat of reprisal; or
       (C) otherwise suffered an injustice that contributed to the 
     resignation of the cadet or midshipman.
       (b) Readmission.--In the case of a formal report by an 
     Inspector General described in subsection (a), the Secretary 
     concerned shall offer the former cadet or midshipman an 
     opportunity for readmission to the service academy from which 
     the former cadet or midshipman resigned, if the former cadet 
     or midshipman is otherwise eligible for such readmission.
       (c) Applications for Readmission.--A former cadet or 
     midshipman described in a report referred to in subsection 
     (a) may apply for readmission to the service academy on the 
     basis of that report and shall not be required to submit the 
     request for readmission through a board for the correction of 
     military records.
       (d) Regulations to Minimize Adverse Impact Upon 
     Readmission.--The Secretary of each military department shall 
     prescribe regulations for the readmission of a former cadet 
     or midshipman described in subsections (a), with the goal, to 
     the maximum extent practicable, of readmitting the former 
     cadet or midshipman at no loss of the academic or military 
     status held by the former cadet at the time of resignation.
       (e) Construction With Other Remedies.--This section does 
     not preempt or supercede any other remedy that may be 
     available to a former cadet or midshipman.
       (f) Service Academies.--In this section, the term ``service 
     academy'' means the following:
       (1) The United States Military Academy.
       (2) The United States Naval Academy.
       (3) The United States Air Force Academy.

     SEC. 538. AUTHORIZATION FOR NAVAL POSTGRADUATE SCHOOL TO 
                   PROVIDE INSTRUCTION TO ENLISTED MEMBERS 
                   PARTICIPATING IN CERTAIN PROGRAMS.

       (a) Instruction of Enlisted Members.--Subsection (a) of 
     section 7045 of title 10, United States Code, is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) The Secretary may permit enlisted members of the 
     armed forces to receive instruction at the Naval Postgraduate 
     School for the purpose of attending--
       ``(A) executive level seminars; or
       ``(B) the information security scholarship program under 
     chapter 112 of this title.
       ``(3) In addition to instruction authorized under paragraph 
     (2), the Secretary may, on a space-available basis, permit an 
     enlisted member of any of the armed forces to receive 
     instruction at the Naval Postgraduate School if the member is 
     assigned permanently to the staff of the Naval Postgraduate 
     School or to a nearby command.''.
       (b) Reimbursement.--Subsection (b) of such section is 
     amended--
       (1) by striking ``The Department'' and inserting ``(1) 
     Except as provided under paragraph (3), the Department '';
       (2) by striking ``officers'' in the first sentence and 
     inserting ``members'';
       (3) by designating the second sentence as paragraph (2) and 
     in that sentence--
       (A) by inserting ``under subsection (a)(3)'' after 
     ``permitted'';
       (B) by inserting ``on a space-available basis'' after 
     ``instruction at the Postgraduate School''; and
       (C) by striking ``(taking into consideration the admission 
     of enlisted members on a space-available basis)''; and
       (4) by adding at the end the following new paragraph:
       ``(3) The Secretary of Defense may prescribe exceptions to 
     the requirements of paragraph (1) with regard to attendance 
     at the Postgraduate School pursuant to chapter 112 of this 
     title.''.

     SEC. 539. DEFENSE TASK FORCE ON SEXUAL HARASSMENT AND 
                   VIOLENCE AT THE MILITARY SERVICE ACADEMIES.

       (a) Establishment.--The Secretary of Defense shall 
     establish a Department of Defense task force to examine 
     matters relating to sexual harassment and violence at the 
     United States Military Academy and the United States Naval 
     Academy.
       (b) Recommendations.--Not later than 12 months after the 
     date on which all members of the task force have been 
     appointed, the task force shall submit to the Secretary of 
     Defense a report recommending ways by which the Department of 
     Defense and the military services may more effectively 
     address matters relating to sexual harassment and violence at 
     the United States Military Academy and the United States 
     Naval Academy. The report shall include an assessment of, and 
     recommendations (including changes in law) for measures to 
     improve, the following with respect to sexual harassment and 
     violence at those academies:
       (1) Victims' safety programs.
       (2) Offender accountability.
       (3) Effective prevention of sexual harassment and violence.
       (4) Collaboration among military organizations with 
     responsibility or jurisdiction with respect to sexual 
     harassment and violence.
       (5) Coordination between military and civilian communities, 
     including local support organizations, with respect to sexual 
     harassment and violence.
       (6) Coordination between military and civilian communities, 
     including civilian law enforcement relating to acts of sexual 
     harassment and violence.
       (7) Data collection and case management and tracking.
       (8) Curricula and training, including standard training 
     programs for cadets at the United States Military Academy and 
     midshipmen at the United States Naval Academy and for 
     permanent personnel assigned to those academies.
       (9) Responses to sexual harassment and violence at those 
     academies, including standard guidelines.
       (10) Other issues identified by the task force relating to 
     sexual harassment and violence at those academies.
       (c) Methodology.--The task force shall consider the 
     findings and recommendations of previous reviews and 
     investigations of sexual harassment and violence conducted 
     for those academies as one of the bases for its assessment.
       (d) Report.--(1) The task force shall submit to the 
     Secretary of Defense and the Secretaries of the Army and the 
     Navy a report on the activities of the task force and on the 
     activities of the United States Military Academy and the 
     United States Naval Academy to respond to sexual harassment 
     and violence at those academies.
       (2) The report shall include the following:
       (A) Any barriers to implementation of improvements as a 
     result of those efforts.
       (B) Other areas of concern not previously addressed in 
     prior reports.
       (C) The findings and conclusions of the task force.
       (D) Any recommendations for changes to policy and law as 
     the task force considers appropriate, including whether cases 
     of sexual assault at those academies should be included in 
     the Department of Defense database known as the Defense 
     Incident-Based Reporting System.
       (3) Within 90 days of receipt of the report under paragraph 
     (1) the Secretary of Defense shall submit the report, 
     together with the Secretary's evaluation of the report, to 
     the Committees on Armed Services of the Senate and House of 
     Representatives.
       (e) Report on Air Force Academy.--Simultaneously with the 
     submission of the report under subsection (d)(3), the 
     Secretary of Defense, in coordination with the Secretary of 
     the Air Force, shall submit to the committees specified in 
     that subsection the Secretary's assessment of the 
     effectiveness of corrective actions being taken at the United 
     States Air Force Academy as a result of various 
     investigations conducted at that Academy into matters 
     involving sexual assault and harassment.
       (f) Composition.--(1) The task force shall consist of not 
     more than 14 members, to be appointed by the Secretary of 
     Defense. Members shall be appointed from each of the Army, 
     Navy, Air Force, and Marine Corps, and shall include an equal 
     number of personnel of the Department of Defense (military 
     and civilian) and persons from outside the Department of 
     Defense. Members appointed from outside the Department of

[[Page 12502]]

     Defense may be appointed from other Federal departments and 
     agencies, from State and local agencies, or from the private 
     sector.
       (2) The Secretary shall ensure that the membership of the 
     task force appointed from the Department of Defense includes 
     at least one judge advocate.
       (3) In appointing members to the task force, the Secretary 
     may--
       (A) consult with the Attorney General regarding a 
     representative from the Office of Violence Against Women of 
     the Department of Justice; and
       (B) consult with the Secretary of Health and Human Services 
     regarding a representative from the Women's Health office of 
     the Department of Health and Human Services.
       (4) Each member of the task force appointed from outside 
     the Department of Defense shall be an individual who has 
     demonstrated expertise in the area of sexual harassment and 
     violence or shall be appointed from one of the following:
       (A) A representative from the Office of Civil Right in the 
     Department of Education.
       (B) A representative from the Center for Disease Control.
       (C) A sexual assault policy and advocacy organization.
       (D) A civilian law enforcement agency.
       (E) A judicial policy organization.
       (F) A national crime victim policy organization.
       (5) The members of the task force shall be appointed not 
     later than 120 days after the date of the enactment of this 
     Act.
       (g) Co-Chairs of the Task Force.--There shall be two co-
     chairs of the task force. One of the co-chairs shall be 
     designated by the Secretary of the Defense at the time of 
     appointment from among the Department of Defense personnel on 
     the task force. The other co-chair shall be selected from 
     among the members appointed from outside the Department of 
     Defense by those members.
       (h) Administrative Support.--(1) Each member of the task 
     force who is a member of the Armed Forces or a civilian 
     officer or employee of the United States shall serve without 
     compensation (other than compensation to which entitled as a 
     member of the Armed Forces or an officer or employee of the 
     United States, as the case may be). Other members of the task 
     force shall be appointed in accordance with, and subject to, 
     section 3161 of title 5, United States Code.
       (2) The Deputy Under Secretary of Defense for Personnel and 
     Readiness, under the direction of the Under Secretary of 
     Defense for Personnel and Readiness, shall provide oversight 
     of the task force. The Washington Headquarters Service of the 
     Department of Defense shall provide the task force with 
     personnel, facilities, and other administrative support as 
     necessary for the performance of the task force's duties.
       (3) The Deputy Under Secretary shall coordinate with the 
     Secretary of the Army to provide visits of the task force to 
     the United States Military Academy and with the Secretary of 
     the Navy to provide visits of the task force to the United 
     States Naval Academy.
       (i) Termination.--The task force shall terminate 90 days 
     after the date on which the report of the task force is 
     submitted to the Committees on Armed Services of the Senate 
     and House of Representatives pursuant to subsection (d)(3).

                   Subtitle E--Administrative Matters

     SEC. 541. ENHANCEMENTS TO HIGH-TEMPO PERSONNEL PROGRAM.

       (a) Revisions to Deployment Limits and Authority To 
     Authorize Exemptions.--Subsection (a) of section 991 of title 
     10, United States Code, is amended to read as follows:
       ``(a) Service and General or Flag Officer 
     Responsibilities.--(1) Subject to paragraph (3), the 
     deployment (or potential deployment) of members of the armed 
     forces shall be managed to ensure that a member is not 
     deployed, or continued in a deployment, on any day on which 
     the total number of days on which the member has been 
     deployed out of the preceding 730 days would exceed the high-
     deployment threshold.
       ``(2) In this subsection, the term `high-deployment 
     threshold' means--
       ``(A) 400 days; or
       ``(B) a lower number of days prescribed by the Secretary of 
     Defense.
       ``(3) A member may be deployed, or continued in a 
     deployment, without regard to paragraph (1) if the 
     deployment, or continued deployment, is approved by the 
     Secretary of Defense. The authority of the Secretary under 
     the preceding sentence may only be delegated to--
       ``(A) a civilian officer of the Department of Defense 
     appointed by the President, by and with the advise and 
     consent of the Senate, or a member of the Senior Executive 
     Service; or
       ``(B) a general or flag officer in that member's chain of 
     command (including an officer in the grade of colonel, or in 
     the case of the Navy, captain, serving in a general or flag 
     officer position who has been selected for promotion to the 
     grade of brigadier general or rear admiral (lower half)).''.
       (b) Changes From Per Diem to High-Deployment Allowance.--
     (1) Subsection (a) of section 436 of title 37, United States 
     Code, is amended to read as follows:
       ``(a) Monthly Allowance.--The Secretary of the military 
     department concerned shall pay a high-deployment allowance to 
     a member of the armed forces under the Secretary's 
     jurisdiction for each month during which the member--
       ``(1) is deployed; and
       ``(2) at any time during that month--
       ``(A) has been deployed for 191 or more consecutive days 
     (or a lower number of consecutive days prescribed by the 
     Secretary of Defense);
       ``(B) has been deployed, out of the preceding 730 days, for 
     a total of 401 or more days (or a lower number of days 
     prescribed by the Secretary of Defense); or
       ``(C) in the case of a member of a reserve component, is on 
     active duty under a call or order to active duty for a period 
     of more than 30 days that is the second (or later) such call 
     or order to active duty (whether voluntary or involuntary) 
     for that member in support of the same contingency 
     operation.''.
       (2) Subsection (c) of such section is amended to read as 
     follows:
       ``(c) Rate.--The monthly rate of the allowance payable to a 
     member under this section shall be determined by the 
     Secretary concerned, not to exceed $1,000 per month.''.
       (3) Such section is further amended--
       (A) in subsection (d), by striking ``per diem'';
       (B) in subsection (e), by striking ``per diem'' and 
     inserting ``allowance'';
       (C) in subsection (f)--
       (i) by striking ``per diem'' and inserting ``allowance''; 
     and
       (ii) by striking ``day on'' and inserting ``month during''; 
     and
       (D) by adding at the end the following new subsection:
       ``(g) Authority to Exclude Certain Duty Assignments.--The 
     Secretary concerned may exclude members serving in specified 
     duty assignments from eligibility for the high-deployment 
     allowance while serving in those assignments. Any such 
     specification of duty assignments may only be made with the 
     approval of the Secretary of Defense. Specification of a 
     particular duty assignment for purposes of this subsection 
     may not be implemented so as to apply to the member serving 
     in that position at the time of such specification.''.
       (4)(A) The heading of such section is amended to read as 
     follows:

     ``Sec. 436. Monthly high-deployment allowance for lengthy or 
       numerous deployments''.

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

``436. Monthly high-deployment allowance for lengthy or numerous 
              deployments.''.
       (c) Changes to Reporting Requirement.--Section 487(b)(5) of 
     title 10, United States Code, is amended to read as follows:
       ``(5) For each of the armed forces, the description shall 
     indicate, for the period covered by the report--
       ``(A) the number of members who received the high-
     deployment allowance under section 436 of title 37;
       ``(B) the number of members who received each rate of 
     allowance paid;
       ``(C) the number of members who received the allowance for 
     one month, for two months, for three months, for four months, 
     for five months, for six months, and for more than six 
     months; and
       ``(D) the total amount spent on the allowance.''.

     SEC. 542. ENHANCED RETENTION OF ACCUMULATED LEAVE FOR HIGH-
                   DEPLOYMENT MEMBERS.

       (a) Enhanced Authority to Retain Accumulated Leave.--
     Paragraph (1) of section 701(f) of title 10, United States 
     Code, is amended to read as follows:
       ``(f)(1)(A) The Secretary concerned, under uniform 
     regulations to be prescribed by the Secretary of Defense, may 
     authorize a member described in subparagraph (B) who, except 
     for this paragraph, would lose any accumulated leave in 
     excess of 60 days at the end of the fiscal year, to retain an 
     accumulated total of 120 days leave.
       ``(B) This subsection applies to a member who serves on 
     active duty for a continuous period of at least 120 days--
       ``(i) in an area in which the member is entitled to special 
     pay under section 310(a) of title 37; or
       ``(ii) while assigned to a deployable ship or mobile unit 
     or to other duty comparable to that specified in clause (i) 
     that is designated for the purpose of this subsection.
       ``(C) Except as provided in paragraph (2), leave in excess 
     of 60 days accumulated under this paragraph is lost unless it 
     is used by the member before the end of the third fiscal year 
     after the fiscal year in which the continuous period of 
     service referred to in subparagraph (B) terminated.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2003, or the date of the 
     enactment of this Act, whichever is later.

     SEC. 543. STANDARDIZATION OF TIME-IN-SERVICE REQUIREMENTS FOR 
                   VOLUNTARY RETIREMENT OF MEMBERS OF THE NAVY AND 
                   MARINE CORPS WITH ARMY AND AIR FORCE 
                   REQUIREMENTS.

       (a) Officers in Regular Navy or Marine Corps Who Completed 
     40 Years of Active Service.--Section 6321(a) of title 10, 
     United States Code, is amended by striking ``after completing 
     40 or more years'' and inserting ``and has at least 40 
     years''.
       (b) Officers in Regular Navy or Marine Corps Who Completed 
     30 Years of Active Service.--Section 6322(a) of such title is 
     amended by striking ``after completing 30 or more years'' and 
     inserting ``and has at least 30 years''.
       (c) Officers in Navy or Marine Corps Who Completed 20 Years 
     of Active Service.--Section 6323(a)(1) of such title is 
     amended by striking ``after completing more than 20 years'' 
     and inserting ``and has at least 20 years''.
       (d) Enlisted Members in Regular Navy or Marine Corps Who 
     Completed 30 Years of

[[Page 12503]]

     Active Service.--Section 6326(a) of such title is amended by 
     striking ``after completing 30 or more years'' and inserting 
     ``and has at least 30 years''.
       (e) Transfer of Enlisted Members to the Fleet Reserve and 
     Fleet Marine Corps Reserve.--Section 6330(b) of such title is 
     amended by striking ``who has completed 20 or more years'' 
     both places it appears and inserting ``who has at least 20 
     years''.
       (f) Transfer of Members of the Fleet Reserve and Fleet 
     Marine Corps Reserve to the Retired List.--Section 6331(a) of 
     such title is amended by striking ``completed 30 years'' and 
     inserting ``has at least 30 years''.
       (g) Effective Date.--The Secretary of the Navy shall 
     prescribe the date on which the amendments made by this 
     section shall take effect. The Secretary shall publish such 
     date, when prescribed, in the Federal Register.

     SEC. 544. STANDARDIZATION OF STATUTORY AUTHORITIES FOR 
                   EXEMPTIONS FROM REQUIREMENT FOR ACCESS TO 
                   SECONDARY SCHOOLS BY MILITARY RECRUITERS.

       (a) Consistency With Elementary and Secondary Education Act 
     of 1965.--Paragraph (5) of section 503(c) of title 10, United 
     States Code, is amended by striking ``apply to--'' and all 
     that follows through ``school which'' and inserting ``apply 
     to a private secondary school that''.
       (b) Correction of Cross Reference.--Paragraph (6)(A)(i) of 
     such section is amended by striking ``14101'' and ``8801'' 
     and inserting ``9101'' and ``7801'', respectively.

     SEC. 545. PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR 
                   AWARD OF THE PURPLE HEART MEDAL TO VETERANS 
                   HELD AS PRISONERS OF WAR BEFORE APRIL 25, 1962.

       Subsection (b) of section 521 of the National Defense 
     Authorization Act for Fiscal Year 1996 (Public Law 104-106; 
     110 Stat. 309; 10 U.S.C. 1129 note) is amended to read as 
     follows:
       ``(b) Standards and Procedures for Award.--In determining 
     whether a former prisoner of war is eligible for the award of 
     the Purple Heart under subsection (a), the Secretary 
     concerned shall apply the following procedures:
       ``(1) The standard to be used by the Secretary concerned 
     for awarding the Purple Heart under this section shall be to 
     award the Purple Heart in any case in which a prisoner of war 
     (A) was wounded while in captivity, or (B) while in captivity 
     was subjected to systematic and prolonged deprivation of 
     food, medical treatment, and other forms of deprivation or 
     mistreatment likely to have prolonged aftereffects on the 
     individual concerned.
       ``(2) When a former prisoner of war applies for the Purple 
     Heart under subsection (a), the Secretary concerned may 
     request the former prisoner of war to provide any 
     documentation that the Secretary would otherwise require, but 
     failure of the former prisoner of war to provide such 
     documentation shall not by itself be a disqualification for 
     award of the Purple Heart.
       ``(3) The Secretary concerned shall inform the former 
     prisoner of war that historical information as to the prison 
     camp or other circumstances in which the former prisoner of 
     war was held captive and other information as to the 
     circumstances of the former prisoner of war's captivity may 
     be considered by the Secretary in evaluating the application 
     for the award of the Purple Heart and that the former 
     prisoner of war may submit such information.
       ``(4) The Secretary concerned shall provide assistance to 
     the applicant for the Purple Heart in obtaining information 
     referred to in paragraph (3).
       ``(5) The Secretary shall review a completed application 
     under this section based upon the totality of the evidence 
     presented and shall take into account the length of time 
     between the period during which the applicant was held as a 
     prisoner of war and the date of the application.
       ``(6) In considering an application under this section, the 
     Secretary shall take into account the length of time that the 
     applicant was held in captivity, which while not in itself 
     establishing entitlement of the applicant to award of the 
     Purple Heart, can and should be a factor in determining 
     whether a former prisoner of war was likely to have been 
     wounded, starved, or denied medical treatment to the extent 
     likely to have prolonged aftereffects on the individual 
     concerned.''.

     SEC. 546. AUTHORITY FOR RESERVE AND RETIRED REGULAR OFFICERS 
                   TO HOLD STATE AND LOCAL ELECTIVE OFFICE 
                   NOTWITHSTANDING CALL TO ACTIVE DUTY.

       Section 973(b)(3) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(A)'' after ``(3)''; and
       (2) by adding at the end the following:
       ``(B) The prohibition in subparagraph (A) does not apply to 
     the functions of a civil office held by election, in the case 
     of an officer to whom this subsection applies by reason of 
     subparagraph (B) or (C) of paragraph (1).''.

     SEC. 547. CLARIFICATION OF OFFENSE UNDER THE UNIFORM CODE OF 
                   MILITARY JUSTICE RELATING TO DRUNKEN OR 
                   RECKLESS OPERATION OF A VEHICLE, AIRCRAFT, OR 
                   VESSEL.

       Section 551 of title 10, United States Code (article 111 of 
     the Uniform Code of Military Justice), is amended--
       (1) in subsection (a)(2) by striking ``in excess of'' and 
     inserting ``at, or in excess of,''; and
       (2) in subsection (b)(4), by striking ``maximum 
     permissible'' and all that follows through the period at the 
     end and inserting ``amount of alcohol concentration in a 
     person's blood or breath at which operation or control of a 
     vehicle, aircraft, or vessel is prohibited.''.

     SEC. 548. PUBLIC IDENTIFICATION OF CASUALTIES NO SOONER THAN 
                   24 HOURS AFTER NOTIFICATION OF NEXT-OF-KIN.

       The Secretary of Defense may not publicly release the name 
     or other personally identifying information of any member of 
     the Army, Navy, Air Force, or Marine Corps who while on 
     active duty or performing inactive duty training is killed or 
     injured, whose duty status becomes unknown, or who is 
     otherwise considered to be a casualty until a period of 24 
     hours has elapsed after the notification of the next-of-kin 
     of such member.

                          Subtitle F--Benefits

     SEC. 551. ADDITIONAL CLASSES OF INDIVIDUALS ELIGIBLE TO 
                   PARTICIPATE IN THE FEDERAL LONG-TERM CARE 
                   INSURANCE PROGRAM.

       (a) Certain Employees of the District of Columbia 
     Government.--Section 9001(1) of title 5, United States Code, 
     is amended by striking ``2105(c),'' and all that follows and 
     inserting ``2105(c).''.
       (b) Former Federal Employees Who Would Be Eligible To Begin 
     Receiving an Annuity Upon Attaining the Requisite Minimum 
     Age.--Section 9001(2) of title 5, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``and'' at the end;
       (2) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) any former employee who, on the basis of his or her 
     service, would meet all requirements for being considered an 
     `annuitant' within the meaning of subchapter III of chapter 
     83, chapter 84, or any other retirement system for employees 
     of the Government, but for the fact that such former employee 
     has not attained the minimum age for title to annuity.''.
       (c) Reservists Transferred to the Retired Reserve Who Are 
     Under Age 60.--Section 9001(4) of title 5, United States 
     Code, is amended by striking ``including'' and all that 
     follows through ``who has'' and inserting ``and a member who 
     has been transferred to the Retired Reserve and who would be 
     entitled to retired pay under chapter 1223 of title 10 but 
     for not having''.

     SEC. 552. AUTHORITY TO TRANSPORT REMAINS OF RETIREES AND 
                   RETIREE DEPENDENTS WHO DIE IN MILITARY 
                   TREATMENT FACILITIES OUTSIDE THE UNITED STATES.

       (a) Authorized Transportation.--Section 1490 of title 10, 
     United States Code, is amended--
       (1) in subsection (a), by striking ``located in the United 
     States''; and
       (2) in subsection (b)(1), by striking ``outside the United 
     States or to a place''.
       (b) Conforming Amendment.--Subsection (c) of such section 
     is amended to read as follows:
       ``(c) Definition of Dependent.--In this section, the term 
     `dependent' has the meaning given such term in section 
     1072(2) of this title.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply only with respect to persons dying on or after 
     the date of the enactment of this Act.

     SEC. 553. ELIGIBILITY FOR DEPENDENTS OF CERTAIN MOBILIZED 
                   RESERVISTS STATIONED OVERSEAS TO ATTEND DEFENSE 
                   DEPENDENTS SCHOOLS OVERSEAS.

       (a) Tuition-Free Status Parity With Dependents of Other 
     Reservists.--Section 1404(c) of the Defense Dependents' 
     Education Act of 1978 (20 U.S.C. 923(c)) is amended--
       (1) by inserting ``(1)'' after ``(c)''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) The Secretary shall include in the regulations 
     prescribed under this subsection a requirement that children 
     in the class of children described in subparagraph (B) shall 
     be subject to the same tuition requirements, or waiver of 
     tuition requirements, as children in the class of children 
     described in subparagraph (C).
       ``(B) The class of children described in this subparagraph 
     are children of members of reserve components of the Armed 
     Forces who--
       ``(i) are on active duty under an order to active duty 
     under section 12301 or 12302 of title 10, United States Code;
       ``(ii) were ordered to active duty from a location in the 
     United States (other than in Alaska or Hawaii); and
       ``(iii) are serving on active duty outside the United 
     States or in Alaska or Hawaii in a tour of duty that 
     (voluntarily or involuntarily) has been extended to a period 
     in excess of one year.
       ``(C) The class of children described in this subparagraph 
     are children of members of reserve components of the Armed 
     Forces who--
       ``(i) are on active duty under an order to active duty 
     under section 12301 or 12302 of title 10, United States Code;
       ``(ii) were ordered to active duty from a location outside 
     the United States (or in Alaska or Hawaii); and
       ``(iii) are serving on active duty outside the United 
     States or in Alaska or Hawaii.''.
       (b) Clerical Amendment.--The heading of such section is 
     amended to read as follows:


          ``space-available enrollment of students; tuition''.

       (c) Implementation of Required New Regulations.--
     Regulations required by paragraph (2) of section 1404(c) of 
     the Defense Dependents' Education Act of 1978 (20 U.S.C. 
     923(c)), as added by subsection (a), shall be prescribed as 
     soon as practicable after the date of the enactment of this 
     Act in order to provide the earliest opportunity for 
     dependents covered by that

[[Page 12504]]

     paragraph to enroll in Department of Defense dependents' 
     schools, and in no event later than the beginning of the 
     first school term beginning after the date of the enactment 
     of this Act.

                       Subtitle G--Other Matters

     SEC. 561. EXTENSION OF REQUIREMENT FOR EXEMPLARY CONDUCT BY 
                   COMMANDING OFFICERS AND OTHERS IN AUTHORITY TO 
                   INCLUDE CIVILIANS IN AUTHORITY IN THE 
                   DEPARTMENT OF DEFENSE.

       (a) In General.--(1) Chapter 50 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 992. Requirement of exemplary conduct: commanding 
       officers and others in authority

       ``All commanding officers and others in authority in the 
     Department of Defense are required--
       ``(1) to show in themselves a good example of virtue, 
     honor, patriotism, and subordination;
       ``(2) to be vigilant in inspecting the conduct of all 
     persons who are placed under their command or charge;
       ``(3) to guard against and to suppress all dissolute and 
     immoral practices and to correct, according to applicable 
     laws and regulations, all persons who are guilty of them; and
       ``(4) to take all necessary and proper measures, under the 
     laws, regulations, and customs applicable to the armed 
     forces, to promote and safeguard the morale, the physical 
     well-being, and the general welfare of all under their 
     command or charge.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``992. Requirement of exemplary conduct: commanding officers and others 
              in authority.''.
       (b) Conforming Repeals.--Title 10, United States Code, is 
     further amended as follows:
       (1) Sections 3583, 5947, and 8583 are repealed.
       (2)(A) The table of sections at the beginning of chapter 
     345 is amended by striking the item relating to section 3583.
       (B) The table of sections at the beginning of chapter 551 
     is amended by striking the item relating to section 5947.
       (C) The table of sections at the beginning of chapter 845 
     is amended by striking the item relating to section 8583.

     SEC. 562. RECOGNITION OF MILITARY FAMILIES.

       (a) Findings.--Congress makes the following findings:
       (1) The families of both active and reserve component 
     military personnel, through their sacrifices and their 
     dedication to the Nation and its values, contribute 
     immeasurably to the readiness of the Nation's Armed Forces.
       (2) Without the continued support of military families, the 
     Nation's ability to sustain a high quality all-volunteer 
     military force would be undermined.
       (3) In these perilous and challenging times, with hundreds 
     of thousands of active and reserve military personnel 
     deployed overseas in places of combat and imminent danger, 
     military families are making extraordinary sacrifices and 
     will be required to do so for the foreseeable future.
       (4) Beginning in 1997, military family service and support 
     centers have received materials from private, non-profit 
     organizational sources which are designed to encourage and 
     assist those centers in conducting activities to celebrate 
     the American military family during the Thanksgiving period 
     each November.
       (b) Military Family Recognition.-- In view of the findings 
     in subsection (a), Congress determines that it is appropriate 
     that special measures be taken annually to recognize and 
     honor the American military family.
       (c) Department of Defense Programs and Activities.--The 
     Secretary of Defense shall--
       (1) implement and sustain programs, including appropriate 
     ceremonies and activities, to celebrate the contributions and 
     sacrifices of the American military family, including both 
     families of both active and reserve component military 
     personnel;
       (2) focus the celebration of the American military family 
     during a specific period of each year to give full and proper 
     highlight to those families; and
       (3) seek the assistance and support of appropriate civilian 
     organizations, associations, and other entities in carrying 
     out not only the annual celebration of the American military 
     family, but also in sustaining longer-term efforts.

     SEC. 563. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT 
                   BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED 
                   FORCES AND DEPARTMENT OF DEFENSE CIVILIAN 
                   EMPLOYEES.

       (a) Continuation of Department of Defense Program for 
     Fiscal Year 2004.--Of the amount authorized to be 
     appropriated pursuant to section 301(5) for operation and 
     maintenance for Defense-wide activities, $35,000,000 shall be 
     available only for the purpose of providing educational 
     agencies assistance to local educational agencies.
       (b) Notification.--Not later than June 30, 2004, the 
     Secretary of Defense shall notify each local educational 
     agency that is eligible for educational agencies assistance 
     for fiscal year 2004 of--
       (1) that agency's eligibility for the assistance; and
       (2) the amount of the assistance for which that agency is 
     eligible.
       (c) Disbursement of Funds.--The Secretary of Defense shall 
     disburse funds made available under subsection (a) not later 
     than 30 days after the date on which notification to the 
     eligible local educational agencies is provided pursuant to 
     subsection (b).
       (d) Definitions.--In this section:
       (1) The term ``educational agencies assistance'' means 
     assistance authorized under section 386(b) of the National 
     Defense Authorization Act for Fiscal Year 1993 (Public Law 
     102-484; 20 U.S.C. 7703 note).
       (2) The term ``local educational agency'' has the meaning 
     given that term in section 8013(9) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

     SEC. 564. PERMANENT AUTHORITY FOR SUPPORT FOR CERTAIN 
                   CHAPLAIN-LED MILITARY FAMILY SUPPORT PROGRAMS.

       (a) In General.--(1) Chapter 88 of title 10, United States 
     Code, is amended by inserting at the end of subchapter I the 
     following new section:

     ``Sec. 1789. Chaplain-led programs: authorized support

       ``(a) Authority.--The Secretary of a military department 
     may provide support services described in subsection (b) to 
     support chaplain-led programs to assist members of the armed 
     forces on active duty and their immediate family members, and 
     members of reserve components in an active status and their 
     immediate family members, in building and maintaining a 
     strong family structure.
       ``(b) Authorized Support Services.--The support services 
     referred to in subsection (a) are costs of transportation, 
     food, lodging, child care, supplies, fees, and training 
     materials for members of the armed forces and their family 
     members while participating in programs referred to in that 
     subsection, including participation at retreats and 
     conferences.
       ``(c) Immediate Family Members.--In this section, the term 
     `immediate family members', with respect to a member of the 
     armed forces, means--
       ``(1) the member's spouse; and
       ``(2) any child (as defined in section 1072(6) of this 
     title) of the member who is described in subparagraph (D) of 
     section 1072(2) of this title.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1788 the following new item:

``1789. Chaplain-led programs: authorized support.''.
       (b) Effective Date.--Section 1789 of title 10, United 
     States Code, as added by subsection (a), shall take effect on 
     October 1, 2003.

     SEC. 565. DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS 
                   AFFAIRS JOINT EXECUTIVE COMMITTEE.

       (a) Establishment of Joint Committee.--(1) Chapter 3 of 
     title 38, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 320. Department of Veterans Affairs-Department of 
       Defense Joint Executive Committee

       ``(a) Joint Executive Committee.--(1) There is established 
     an interagency committee to be known as the Department of 
     Veterans Affairs-Department of Defense Joint Executive 
     Committee (hereinafter in this section referred to as the 
     `Committee').
       ``(2) The Committee is composed of--
       ``(A) the Deputy Secretary of Veterans Affairs and such 
     other officers and employees of the Department of Veterans 
     Affairs as the Secretary of Veterans Affairs may designate; 
     and
       ``(B) the Under Secretary of Defense for Personnel and 
     Readiness and such other officers and employees of the 
     Department of Defense as the Secretary of Defense may 
     designate.
       ``(b) Administrative Matters.--(1) The Deputy Secretary of 
     Veterans Affairs and the Under Secretary of Defense shall 
     determine the size and structure of the Committee, as well as 
     the administrative and procedural guidelines for the 
     operation of the Committee.
       ``(2) The two Departments shall supply appropriate staff 
     and resources to provide administrative support and services. 
     Support for such purposes shall be provided at a level 
     sufficient for the efficient operation of the Committee, 
     including a subordinate Health Executive Committee, a 
     subordinate Benefits Executive Committee, and such other 
     committees or working groups as considered necessary by the 
     Deputy Secretary and Under Secretary.
       ``(c) Recommendations.--(1) The Committee shall recommend 
     to the Secretaries strategic direction for the joint 
     coordination and sharing efforts between and within the two 
     Departments under section 8111 of this title and shall 
     oversee implementation of those efforts.
       ``(2) The Committee shall submit to the two Secretaries and 
     to Congress an annual report containing such recommendations 
     as the Committee considers appropriate.
       ``(d) Functions.--In order to enable the Committee to make 
     recommendations in its annual report under subsection (c)(2), 
     the Committee shall do the following:
       ``(1) Review existing policies, procedures, and practices 
     relating to the coordination and sharing of resources between 
     the two Departments.
       ``(2) Identify changes in policies, procedures, and 
     practices that, in the judgment of the Committee, would 
     promote mutually beneficial coordination, use, or exchange of 
     use of services and resources of the two Departments, with 
     the goal of improving the quality, efficiency and 
     effectiveness of the delivery of benefits and services to 
     veterans, service members, military retirees and their 
     families through an enhanced Department of Veterans Affairs 
     and Department of Defense partnership.
       ``(3) Identify and assess further opportunities for the 
     coordination and collaboration between the Departments that, 
     in the judgment of the

[[Page 12505]]

     Committee, would not adversely affect the range of services, 
     the quality of care, or the established priorities for 
     benefits provided by either Department.
       ``(4) Review the plans of both Departments for the 
     acquisition of additional resources, especially new 
     facilities and major equipment and technology, in order to 
     assess the potential effect of such plans on further 
     opportunities for the coordination and sharing of resources.
       ``(5) Review the implementation of activities designed to 
     promote the coordination and sharing of resources between the 
     Departments.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``320. Department of Veterans Affairs-Department of Defense Joint 
              Executive Committee.''.
       (b) Conforming Amendments.--(1) Subsection (c) of section 
     8111 of such title is repealed.
       (2) Such section is further amended--
       (A) in subsection (b)(2), by striking ``subsection (c)'' 
     and inserting ``section 320 of this title'';
       (B) in subsection (d)(1), by striking ``Committee 
     established in subsection (c)'' and inserting ``Department of 
     Veterans Affairs-Department of Defense Joint Executive 
     Committee'';
       (C) in subsection (e)(1), by striking ``Committee under 
     subsection (c)(2)'' and inserting ``Department of Veterans 
     Affairs-Department of Defense Joint Executive Committee with 
     respect to health care resources''; and
       (D) in subsection (f)(2), by striking subparagraphs (B) and 
     (C) and inserting the following:
       ``(B) The assessment of further opportunities identified by 
     the Department of Veterans Affairs-Department of Defense 
     Joint Executive Committee under subsection (d)(3) of section 
     320 of this title for the sharing of health-care resources 
     between the two Departments.
       ``(C) Any recommendation made by that committee under 
     subsection (c)(2) of that section during that fiscal year.''.
       (c) Technical Amendments.--Subsection (f) of such section 
     is further amended by inserting ``(Public Law 107-314)'' in 
     paragraphs (3), (4)(A), (4)(B), and (5) after ``for Fiscal 
     Year 2003''.
       (d) Effective Date.--(1) If this Act is enacted before 
     October 1, 2003--
       (A) section 320 of title 38, United States Code, as added 
     by subsection (a), shall take effect on October 1, 2003; and
       (B) the amendments made by subsections (b) and (c) shall 
     take effect on October 1, 2003, immediately after the 
     amendment made by section 721(a)(1) of the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003 (Public Law 
     107-314; 116 2589).
       (2) If this Act is enacted on or after October 1, 2003, the 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act.

     SEC. 566. LIMITATION ON AVIATION FORCE STRUCTURE CHANGES IN 
                   THE DEPARTMENT OF THE NAVY.

       (a) Limitation.--The Secretary of the Navy shall ensure 
     that no reductions are made in the active and reserve force 
     structure of the Navy and Marine Corps for fixed- and rotary-
     wing aircraft until 90 days have elapsed after the date as of 
     which both of the reports required by subsections (b) and (c) 
     have been received by the committees named in those 
     subsections.
       (b) Naval Aviation Force Structure Plan.--The Secretary of 
     the Navy shall submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives a detailed report on the changes to the 
     active and reserve aviation force structure in the Department 
     of the Navy that are proposed for fiscal years 2004 through 
     2009. The report shall include the following:
       (1) The numbers of aircraft and helicopter force structure 
     planned for retirement.
       (2) The amounts of planned budget authority to be saved, 
     shown by year and by appropriation, compared to the May 1, 
     2003, force structure.
       (3) An assessment by the Chief of Naval Operations 
     comparing the future force structure plan with capabilities 
     of the Department of the Navy's aviation force structure on 
     May 1, 2003.
       (4) A risk assessment of the planned force structure to 
     carry out the National Security Strategy of the United 
     States, dated September 2002.
       (5) A risk assessment of the planned force based on the 
     assumptions applied in the September 30, 2001, Quadrennial 
     Defense Review Report.
       (c) Active and Reserve Component Integration Plan.--The 
     Secretary of the Navy shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a concept of operations for 
     increasing the integration and use of Naval Reserve surface, 
     aviation, and other units and personnel with active component 
     forces in carrying out operational missions across the 
     peacetime and wartime spectrum of naval operations during the 
     period of 2004 through 2009.

     SEC. 567. IMPACT AID ELIGIBILITY FOR HEAVILY IMPACTED LOCAL 
                   EDUCATIONAL AGENCIES AFFECTED BY PRIVITIZATION 
                   OF MILITARY HOUSING.

       Section 8003(b)(2)(H) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7703(b)(2)(H)) is amended by 
     striking clauses (i) and (ii) and inserting the following:
       ``(i) Eligibility.--For any fiscal year beginning with 
     fiscal 2003, a heavily impacted local educational agency that 
     received a basic support payment under paragraph (b)(2) for 
     the prior fiscal year, but is ineligible for such payment for 
     the current fiscal year under subparagraph (B), (C), (D), or 
     (E), as the case may be, by reason of the conversion of 
     military housing units to private housing described in clause 
     (iii), shall be deemed to meet the eligibility requirements 
     under subparagraph (B) or (C), as the case may be for the 
     period during which the housing units are undergoing such 
     conversion.
       ``(ii) Amount of payment.--The amount of a payment to a 
     heavily impacted local educational agency for a fiscal year 
     by reason of the application of clause (i), and calculated in 
     accordance with subparagraph (D) or (E), as the case may be, 
     shall be based on the number of children in average daily 
     attendance in the schools of such agency for the fiscal year 
     and under the same provisions of subparagraph (D) or (E) 
     under which the agency was paid during the prior fiscal 
     year.''.

     SEC. 568. INVESTIGATION INTO THE 1991 DEATH OF MARINE CORPS 
                   COLONEL JAMES E. SABOW.

       (a) Investigation Required.--Not later than 60 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall commence a new investigation into the death of 
     Colonel James S. Sabow, United States Marine Corps, who died 
     on January 22, 1991, at the Marine Corps Air Station, El 
     Toro, California.
       (b) Focus of Investigation.--The principal focus of the 
     investigation under subsection (a) shall be to determine the 
     cause of Colonel Sabow's death, given the medical and 
     forensic factors associated with that death.
       (c) Review by Outside Experts.--The Secretary of Defense 
     shall provide that the evidence concerning the cause of 
     Colonel Sabow's death and the medical and forensic factors 
     associated with his death shall be reviewed by medical and 
     forensic experts outside the Department of Defense.
       (d) Report.--Not later than six months after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committee on Armed Services of the Senate and 
     the Committee on Armed Services of the House of 
     Representatives a written report on the findings of the 
     investigation under subsection (a). The Secretary shall 
     include in the report (1) the Secretary's conclusions as a 
     result of the investigation, including the Secretary's 
     conclusions regarding the cause of death of Colonel Sabow, 
     and (2) the conclusions of the experts reviewing the matter 
     under subsection (c).

                     Subtitle H--Domestic Violence

     SEC. 571. TRAVEL AND TRANSPORTATION FOR DEPENDENTS RELOCATING 
                   FOR REASONS OF PERSONAL SAFETY.

       Section 406(h) of title 37, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4)(A) The Secretary concerned shall provide to the 
     dependents of a member the travel and transportation 
     allowances described in paragraphs (1) and (3) in a case in 
     which--
       ``(i) a commander has substantiated that the member has 
     committed dependent abuse, as defined in section 1059(c) of 
     title 10;
       ``(ii) a safety plan and counseling have been provided;
       ``(iii) there has been a determination that the victim's 
     safety is at stake and that relocation is the best course of 
     action; and
       ``(iv) the abused dependent, or parent of the abused 
     dependent if the abused dependent is a child, requests 
     relocation,
       ``(B) In the case of allowances paid under subparagraph 
     (A), any monetary allowances shall accrue to the dependents 
     in lieu of the member and may be paid to the dependents.
       ``(C) Shipment of the dependent's baggage and household 
     effects, and of any motor vehicle, may not be provided until 
     there is a property division established by written agreement 
     with the member or by order of a court of competent 
     jurisdiction .''.

     SEC. 572. COMMENCEMENT AND DURATION OF PAYMENT OF 
                   TRANSITIONAL COMPENSATION.

       (a) Commencement.--Paragraph (1)(A) of section 1059(e) of 
     title 10, United States Code, is amended by striking ``shall 
     commence'' and all that follows and inserting ``shall 
     commence--
       ``(i) as of the date the court martial sentence is adjudged 
     if the sentence, as adjudged, includes a dismissal, 
     dishonorable discharge, bad conduct discharge, or forfeiture 
     of all pay and allowances; or
       ``(ii) if there is a pretrial agreement that includes 
     disapproval or suspension of the dismissal, dishonorable 
     discharge, bad conduct discharge, or forfeiture of all pay 
     and allowances, as of the date of the approval of the court-
     martial sentence by the person acting under section 860(c) of 
     this title (article 60(c) of the Uniform Code of Military 
     Justice) if the sentence, as approved, includes an 
     unsuspended dismissal, dishonorable discharge, bad conduct 
     discharge, or forfeiture of all pay and allowances;''.
       (b) Duration.--Paragraph (2) of such section is amended by 
     striking ``, except that'' and all that follows through ``12 
     months''.
       (c) Termination.--Paragraph (3)(A) of such section is 
     amended by striking ``punishment applicable to the member 
     under the sentence is remitted, set aside, or mitigated'' and 
     inserting ``conviction is disapproved by the person acting 
     under section 860(c) of this title (article 60(c) of the 
     Uniform Code of Military Justice) or set aside, or each such 
     punishment applicable to the member under the sentence is 
     disapproved by the person acting under section 860(c) of this 
     title, remitted, set aside, suspended, or mitigated''.

[[Page 12506]]



     SEC. 573. FLEXIBILITY IN ELIGIBILITY FOR TRANSITIONAL 
                   COMPENSATION.

       (a) Authority.--Section 1059 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(m) Additional Eligibility.--The Secretary concerned, 
     under regulations prescribed under subsection (k), may 
     authorize eligibility for benefits under this section to 
     dependents of a member or former member of the armed forces 
     not covered by subsection (b) if the Secretary concerned 
     determines that there are extenuating circumstances such that 
     granting benefits under this section is consistent with the 
     intent of this section.''.
       (b) Effective Date.--The authority under subsection (m) of 
     section 1059 of title 10, United States Code, as added by 
     subsection (a), may only be exercised with respect to 
     eligibility for benefits under such section by reason of 
     conduct on or after the date of the enactment of this Act.

     SEC. 574. TYPES OF ADMINISTRATIVE SEPARATIONS TRIGGERING 
                   COVERAGE.

       Section 1059(b)(2) of title 10, United States Code, is 
     amended by inserting ``, voluntarily or involuntarily,'' 
     after ``administratively separated''.

     SEC. 575. ON-GOING REVIEW GROUP.

       Not later than two years after the date of the enactment of 
     this Act, the Secretary of Defense shall convene a working 
     group of not less than 12 members, composed in the same 
     manner as the Defense Task Force on Domestic Violence 
     established pursuant to section 591 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65). 
     The purpose of the working group shall be to review and 
     assess the progress of the Department of Defense in 
     implementation of the recommendations of the Defense Task 
     Force on Domestic Violence. In reviewing the status of the 
     Department's efforts, the group should specifically focus on 
     the Department's efforts to ensure confidentiality for 
     victims and accountability and education of commanding 
     officers and chaplains.

     SEC. 576. RESOURCES FOR DEPARTMENT OF DEFENSE IMPLEMENTATION 
                   ORGANIZATION.

       The Secretary of Defense shall ensure that necessary 
     resources, including personnel, facilities, and other 
     administrative support, are provided to the organization 
     within the Office of the Secretary of Defense with direct 
     responsibility for oversight of implementation by the 
     military departments of recommendations of the Task Force in 
     order for that organization to carry out its duties and 
     responsibilities.

     SEC. 577. FATALITY REVIEWS.

       (a) Review of Fatalities.--The Secretary of Defense shall 
     conduct a multidisciplinary, impartial review (referred to as 
     a ``fatality review'') in the case of each fatality known or 
     suspected to have resulted from domestic violence or child 
     abuse against--
       (1) a member of the Armed Forces;
       (2) a current or former dependent of a member of the Armed 
     Forces; or
       (3) a current or former intimate partner who has a child in 
     common or has shared a common domicile with a member of the 
     Armed Forces.
       (b) Matters to be Included.--The report of a fatality 
     review under subsection (a) shall, at a minimum, include the 
     following:
       (1) An executive summary.
       (2) Data setting forth victim demographics, injuries, 
     autopsy findings, homicide or suicide methods, weapons, 
     police information, assailant demographics, and household and 
     family information.
       (3) Legal disposition.
       (4) System intervention and failures within the Department 
     of Defense.
       (5) A discussion of significant findings.
       (6) Recommendations for systemic changes within the 
     Department of Defense.

     SEC. 578. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the Secretary of Defense should adopt the strategic 
     plan proposed by the Defense Task Force on Domestic Violence 
     in its Third Year Report, as required by section 591(a) of 
     the Department of Defense Authorization Act for Fiscal Year 
     2000 (Public Law 106-65); and
       (2) the Secretary of each military department should 
     establish and support a Victim Advocate Protocol and provide 
     for nondisclosure to ensure confidentiality for victims who 
     come forward to receive advocacy, support, information, and 
     resources, as recommended by the Defense Task Force on 
     Domestic Violence.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

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

                                            COMMISSIONED OFFICERS\1\
                   Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
                 Pay Grade                    2 or less      Over 2        Over 3        Over 4        Over 6
----------------------------------------------------------------------------------------------------------------
O-10\2\...................................         $0.00         $0.00         $0.00         $0.00         $0.00
O-9.......................................          0.00          0.00          0.00          0.00          0.00
O-8.......................................      7,751.10      8,004.90      8,173.20      8,220.60      8,430.30
O-7.......................................      6,440.70      6,739.80      6,878.40      6,988.50      7,187.40
O-6.......................................      4,773.60      5,244.30      5,588.40      5,588.40      5,609.70
O-5.......................................      3,979.50      4,482.90      4,793.40      4,851.60      5,044.80
O-4.......................................      3,433.50      3,974.70      4,239.90      4,299.00      4,545.30
O-3\3\....................................      3,018.90      3,422.40      3,693.90      4,027.20      4,220.10
O-2\3\....................................      2,595.60      2,956.50      3,405.00      3,519.90      3,592.50
O-1\3\....................................      2,253.60      2,345.10      2,834.70      2,834.70      2,834.70
                                           ---------------------------------------------------------------------
                                               Over 8        Over 10       Over 12       Over 14       Over 16
                                           ---------------------------------------------------------------------
O-10\2\...................................         $0.00         $0.00         $0.00         $0.00         $0.00
O-9.......................................          0.00          0.00          0.00          0.00          0.00
O-8.......................................      8,781.90      8,863.50      9,197.10      9,292.80      9,579.90
O-7.......................................      7,384.20      7,611.90      7,839.00      8,066.70      8,781.90
O-6.......................................      5,850.00      5,882.10      5,882.10      6,216.30      6,807.30
O-5.......................................      5,161.20      5,415.90      5,602.80      5,844.00      6,213.60
O-4.......................................      4,809.30      5,137.80      5,394.00      5,571.60      5,673.60
O-3\3\....................................      4,431.60      4,568.70      4,794.30      4,911.30      4,911.30
O-2\3\....................................      3,592.50      3,592.50      3,592.50      3,592.50      3,592.50
O-1\3\....................................      2,834.70      2,834.70      2,834.70      2,834.70      2,834.70
                                           ---------------------------------------------------------------------
O-10\2\...................................         $0.00    $12,524.70    $12,586.20    $12,847.80    $13,303.80
O-9.......................................          0.00     10,954.50     11,112.30     11,340.30     11,738.40
O-8.......................................      9,995.70     10,379.10     10,635.30     10,635.30     10,635.30
O-7.......................................      9,386.10      9,386.10      9,386.10      9,386.10      9,433.50
O-6.......................................      7,154.10      7,500.90      7,698.30      7,897.80      8,285.40
O-5.......................................      6,389.70      6,563.40      6,760.80      6,760.80      6,760.80
O-4.......................................      5,733.00      5,733.00      5,733.00      5,733.00      5,733.00
O-3\3\....................................      4,911.30      4,911.30      4,911.30      4,911.30      4,911.30
O-2\3\....................................      3,592.50      3,592.50      3,592.50      3,592.50      3,592.50

[[Page 12507]]

 
O-1\3\....................................      2,834.70      2,834.70      2,834.70      2,834.70      2,834.70
----------------------------------------------------------------------------------------------------------------
\1\Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned
  officers in pay grades O-7 through O-10 may not exceed the rate of pay for level III of the Executive Schedule
  and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the
  Executive Schedule.
\2\Subject to the preceding footnote, the rate of basic pay for an officer in this grade while serving as
  Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations,
  Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, is
  $14,679.30, regardless of cumulative years of service computed under section 205 of title 37, United States
  Code.
\3\This table does not apply to commissioned officers in pay grade O-1, O-2, or O-3 who have been credited with
  over 4 years of active duty service as an enlisted member or warrant officer.


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


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


                                               ENLISTED MEMBERS\1\
                   Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
                 Pay Grade                    2 or less      Over 2        Over 3        Over 4        Over 6
----------------------------------------------------------------------------------------------------------------
E-9\2\....................................         $0.00         $0.00         $0.00         $0.00         $0.00
E-8.......................................          0.00          0.00          0.00          0.00          0.00
E-7.......................................      2,145.00      2,341.20      2,430.60      2,549.70      2,642.10
E-6.......................................      1,855.50      2,041.20      2,131.20      2,218.80      2,310.00
E-5.......................................      1,700.10      1,813.50      1,901.10      1,991.10      2,130.60
E-4.......................................      1,558.20      1,638.30      1,726.80      1,814.10      1,891.50
E-3.......................................      1,407.00      1,495.50      1,585.50      1,585.50      1,585.50
E-2.......................................      1,331.40      1,331.40      1,331.40      1,331.40      1,331.40
E-1\3\....................................      1,173.90      1,173.90      1,173.90      1,173.90      1,173.90
                                           ---------------------------------------------------------------------
                                               Over 8        Over 10       Over 12       Over 14       Over 16
                                           ---------------------------------------------------------------------
E-9\2\....................................         $0.00     $3,769.20     $3,854.70     $3,962.40     $4,089.30
E-8.......................................      3,085.50      3,222.00      3,306.30      3,407.70      3,517.50
E-7.......................................      2,801.40      2,891.10      2,980.20      3,139.80      3,219.60
E-6.......................................      2,516.10      2,596.20      2,685.30      2,763.30      2,790.90
E-5.......................................      2,250.90      2,339.70      2,367.90      2,367.90      2,367.90

[[Page 12508]]

 
E-4.......................................      1,891.50      1,891.50      1,891.50      1,891.50      1,891.50
E-3.......................................      1,585.50      1,585.50      1,585.50      1,585.50      1,585.50
E-2.......................................      1,331.40      1,331.40      1,331.40      1,331.40      1,331.40
E-1\3\....................................      1,173.90      1,173.90      1,173.90      1,173.90      1,173.90
                                           ---------------------------------------------------------------------
                                               Over 18       Over 20       Over 22       Over 24       Over 26
                                           ---------------------------------------------------------------------
E-9\2\....................................     $4,216.50     $4,421.10     $4,594.20     $4,776.60     $5,054.70
E-8.......................................      3,715.50      3,815.70      3,986.40      4,081.20      4,314.30
E-7.......................................      3,295.50      3,341.70      3,498.00      3,599.10      3,855.00
E-6.......................................      2,809.80      2,809.80      2,809.80      2,809.80      2,809.80
E-5.......................................      2,367.90      2,367.90      2,367.90      2,367.90      2,367.90
E-4.......................................      1,891.50      1,891.50      1,891.50      1,891.50      1,891.50
E-3.......................................      1,585.50      1,585.50      1,585.50      1,585.50      1,585.50
E-2.......................................      1,331.40      1,331.40      1,331.40      1,331.40      1,331.40
E-1\3\....................................      1,173.90      1,173.90      1,173.90      1,173.90      1,173.90
----------------------------------------------------------------------------------------------------------------
\1\Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for enlisted
  members may not exceed the rate of pay for level V of the Executive Schedule.
\2\Subject to the preceding footnote, the rate of basic pay for an enlisted member in this grade while serving
  as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force,
  Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, is $6,090.90, regardless
  of cumulative years of service computed under section 205 of title 37, United States Code.
\3\In the case of members in pay grade E-1 who have served less than 4 months on active duty, the rate of basic
  pay is $1,086.00.

       (c) Increase in Basic Pay for Other Members of Uniformed 
     Services.--Effective on January 1, 2004, the rates of monthly 
     basic pay for members of the National Oceanic and Atmospheric 
     Administration and the Public Health Service are increased by 
     2 percent.
       (d) Definitions.--In this section, the terms ``armed 
     forces'' and ``uniformed services'' have the meanings given 
     such terms in section 101 of title 37, United States Code.

     SEC. 602. COMPUTATION OF BASIC PAY RATE FOR COMMISSIONED 
                   OFFICERS WITH PRIOR ENLISTED OR WARRANT OFFICER 
                   SERVICE.

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

     SEC. 603. SPECIAL SUBSISTENCE ALLOWANCE AUTHORITIES FOR 
                   MEMBERS ASSIGNED TO HIGH-COST DUTY LOCATION OR 
                   UNDER OTHER UNIQUE AND UNUSUAL CIRCUMSTANCES.

       (a) In General.--Section 402 of title 37, United States 
     Code, is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Special Rule for High-Cost Duty Locations and Other 
     Unique and Unusual Circumstances.--The Secretary of Defense 
     may authorize a member of the armed forces who is assigned to 
     duty in a high-cost duty location or under other unique and 
     unusual circumstances, but is not entitled to the meals 
     portion of the per diem in connection with that duty, to 
     receive any or all of the following:
       ``(1) Meals at no cost to the member, regardless of the 
     entitlement of the member to a basic allowance for 
     subsistence under subsection (a).
       ``(2) A basic allowance for subsistence at the standard 
     rate, regardless of the entitlement of the member for all 
     meals or select meals during the duty day.
       ``(3) A supplemental subsistence allowance at a rate higher 
     than the basic allowance for subsistence rates in effect 
     under this section, regardless of the entitlement of the 
     member for all meals or select meals during the duty day.''.
       (b) Retroactive and Prospective Application.--Subsection 
     (f) of section 402 of title 37, United States Code, as added 
     by subsection (a), shall apply with respect to members of the 
     Armed Forces assigned to duty in a high-cost duty location or 
     under other unique and unusual circumstances, as determined 
     pursuant to regulations prescribed pursuant to subsection 
     (c), after September 11, 2001.
       (c) Regulations; Time Limits.--Final regulations to carry 
     out subsection (f) of section 402 of title 37, United States 
     Code, as added by subsection (a), shall be prescribed not 
     later than 180 days after the date of the enactment of this 
     Act. The regulations shall provide a method by which a member 
     of the Armed Forces covered by such subsection (f) may obtain 
     reimbursement for subsistence expenses incurred by the member 
     during the period beginning on September 11, 2001, and ending 
     on the date the regulations take effect.

           Subtitle B--Bonuses and Special and Incentive Pays

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

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

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

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

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

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

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

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

[[Page 12509]]

     such title is amended by striking ``December 31, 2003'' and 
     inserting ``December 31, 2004''.
       (e) Accession Bonus for New Officers in Critical Skills.--
     Section 324(g) of such title is amended by striking 
     ``December 31, 2003'' and inserting ``December 31, 2004''.

     SEC. 615. COMPUTATION OF HAZARDOUS DUTY INCENTIVE PAY FOR 
                   DEMOLITION DUTY AND PARACHUTE JUMPING BY 
                   MEMBERS OF RESERVE COMPONENTS ENTITLED TO 
                   COMPENSATION UNDER SECTION 206 OF TITLE 37.

       (a) In General.--Section 301(f) of title 37, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(3) Notwithstanding paragraphs (1) or (2), if a member 
     described in paragraph (1) performs the duty described in 
     clauses (3) or (4) of subsection (a) in any month, the member 
     shall be entitled for that month to the full amount specified 
     in the first sentence of subsection (c)(1), in the case of 
     the duty described in clause (4) of subsection (a) or 
     parachute jumping involving the use of a static line, or the 
     full amount specified in the second sentence of subsection 
     (c)(1), in the case of parachute jumping in military free 
     fall operations.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect October 1, 2003.

     SEC. 616. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER 
                   PAY FOR RESERVE COMPONENT MEMBERS ON INACTIVE 
                   DUTY.

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

     SEC. 617. EXPANSION OF OVERSEAS TOUR EXTENSION INCENTIVE 
                   PROGRAM TO OFFICERS.

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

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

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

``314. Special pay or bonus: qualified members extending duty at 
              designated locations overseas.''.
       (b) Rest and Recuperative Absence in Lieu of Pay or 
     Bonus.--(1) Subsection (a) of section 705 of title 10, United 
     States Code, is amended by striking ``an enlisted member'' 
     and inserting ``a member''.
       (2)(A) The heading of such section is amended to read as 
     follows:

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

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

``705. Rest and recuperative absence for qualified members extending 
              duty at designated locations overseas.''.

     SEC. 618. ELIGIBILITY OF APPOINTED WARRANT OFFICERS FOR 
                   ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL 
                   SKILLS.

       Section 324 of title 37, United States Code, is amended in 
     subsections (a) and (f)(1) by inserting ``or an appointment'' 
     after ``commission''.

     SEC. 619. INCENTIVE PAY FOR DUTY ON GROUND IN ANTARCTICA OR 
                   ON ARCTIC ICEPACK.

       (a) In General.--(1) Chapter 5 of title 37, United States 
     Code, is amended by inserting after section 301e the 
     following new section:

     ``Sec. 301f. Incentive pay: duty on ground in Antarctica or 
       on Arctic icepack

       ``(a) Availability of Incentive Pay.--A member of the 
     uniformed services who performs duty at a location described 
     in subsection (b) is entitled to special pay under this 
     section at a rate of $5 for each day of that duty.
       ``(b) Covered Locations.--Subsection (a) applies with 
     respect to duty performed on the ground in Antarctica or on 
     the Arctic icepack.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     301e the following new item:

``301f. Incentive pay: duty on ground in Antarctica or on Arctic 
              icepack.''.
       (b) Effective Date.--Section 301f of title 37, United 
     States Code, as added by subsection (a), shall take effect on 
     October 1, 2003.

     SEC. 620. SPECIAL PAY FOR SERVICE AS MEMBER OF WEAPONS OF 
                   MASS DESTRUCTION CIVIL SUPPORT TEAM.

       (a) In General.--(1) Chapter 5 of title 37, United States 
     Code, is amended by inserting after section 305a the 
     following new section:

     ``Sec. 305b. Special pay: service as member of Weapons of 
       Mass Destruction Civil Support Team

       ``(a) Availability of Special Pay.--The Secretary of a 
     military department may pay special pay under this section to 
     a member of the armed forces under the jurisdiction of that 
     Secretary who is entitled to basic pay under section 204 and 
     is assigned by orders to duty as a member of a Weapons of 
     Mass Destruction Civil Support Team.
       ``(b) Monthly Rate.--Special pay payable under subsection 
     (a) shall be paid at a rate equal to $150 a month.
       ``(c) Eligibility of Reserve Component Members When 
     Performing Inactive Duty Training.--Under regulations 
     prescribed by the Secretary concerned and to the extent 
     provided for in appropriation Acts, when a member of a 
     reserve component of the armed forces who is entitled to 
     compensation under section 206 of this title performs duty 
     under orders as a member of a Weapons of Mass Destruction 
     Civil Support Team, the member may be paid an increase in 
     compensation equal to \1/30\ of the monthly special pay 
     specified in subsection (b) for each day on which the member 
     performs such duty.
       ``(d) Definition.--In this section, the term `Weapons of 
     Mass Destruction Civil Support Team' means a team of members 
     of the reserve components of the armed forces that is 
     established under section 12310(c) of title 10 in support of 
     emergency preparedness programs to prepare for or to respond 
     to any emergency involving the use of a weapon of mass 
     destruction.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     305a the following new item:

``305b. Special pay: service as member of Weapons of Mass Destruction 
              Civil Support Team.''.
       (b) Effective Date.--Section 305b of title 37, United 
     States Code, as added by subsection (a), shall take effect on 
     October 1, 2003.

     SEC. 621. INCENTIVE BONUS FOR AGREEMENT TO SERVE IN 
                   CRITICALLY SHORT MILITARY OCCUPATIONAL 
                   SPECIALTY.

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

     ``Sec. 326. Incentive bonus: lateral conversion bonus for 
       service in critically short military occupational 
       speciality

       ``(a) Incentive Bonus Authorized.--The Secretary concerned 
     may pay a bonus under this section to a member of the armed 
     forces who executes a written agreement to convert to, and 
     serve for a period of not less than two years in, a 
     critically short military occupational specialty.
       ``(b) Eligible Members.--A bonus may only be paid under 
     this section only to a member who--
       ``(1) is entitled to basic pay; and
       ``(2) is serving in pay grade E-6 (with less than 10 years 
     of service computed under section 205 of this title) or pay 
     grade E-5 or below (regardless of years of service) at the 
     time the agreement under subsection (a) is executed.
       ``(c) Amount and Payment of Bonus.--(1) A bonus under this 
     section may not exceed $4,000.
       ``(2) A bonus payable under this section shall be disbursed 
     in one lump sum payment when the member's conversion to the 
     critically short military occupational specialty is approved 
     by the personnel chief of the member's armed force.
       ``(d) Relationship to Other Pay and Allowances.--A bonus 
     paid to a member under this section is in addition to any 
     other pay and allowances to which the member is entitled.
       ``(e) Repayment of Bonus.--(1) A member who receives a 
     bonus under this section and who, voluntarily or because of 
     misconduct, fails to serve in the critically short military 
     occupational specialty for the period specified in the 
     agreement shall refund to the United States an amount that 
     bears the same ratio to the bonus amount paid to the member 
     as the unserved part of such period bears to the total period 
     agreed to be served.
       ``(2) An obligation to reimburse the United States imposed 
     under paragraph (1) is, for all purposes, a debt owed to the 
     United States.

[[Page 12510]]

       ``(3) A discharge in bankruptcy under title 11 that is 
     entered less than five years after the termination of the 
     agreement for which a bonus was paid under this section shall 
     not discharge the person signing such agreement from the debt 
     arising under paragraph (1).
       ``(4) Under regulations prescribed pursuant to subsection 
     (f), the Secretary concerned may waive, in whole in part, a 
     refund required under paragraph (1) if the Secretary 
     determines that recovery would be against equity and good 
     conscience or would be contrary to the best interests of the 
     United States.
       ``(f) Regulations.--The Secretaries concerned shall 
     prescribe regulations to carry out this section. Regulations 
     prescribed by the Secretary of a military department shall be 
     subject to the approval of the Secretary of Defense.
       ``(g) Definition.--In this section, the term `critically 
     short military occupational specialty' means a military 
     occupational specialty, military rating, or other military 
     speciality designated by the Secretary concerned as 
     undermanned for purposes of this section.
       ``(h) Termination of Authority.--No agreement under this 
     section may be entered into after December 31, 2004.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``326. Incentive bonus: lateral conversion bonus for service in 
              critically short military occupational speciality.''.

     SEC. 622. INCREASE IN RATE FOR IMMINENT DANGER PAY AND FAMILY 
                   SEPARATION ALLOWANCE RELATED TO SERVICE IN 
                   OPERATION IRAQI FREEDOM OR OPERATION ENDURING 
                   FREEDOM.

       (a) Special Payment Rates.--Effective October 1, 2003, in 
     the case of a member of the uniformed services who serves, 
     for any period of time during a month, in a combat zone 
     designated for Operation Iraqi Freedom or Operation Enduring 
     Freedom, the monthly rate for imminent danger pay under 
     section 310 of title 37, United States Code, shall be deemed 
     to be $225 and the monthly rate for the family separation 
     allowance under section 427 of such title shall be deemed to 
     be $250.
       (b) Duration.--The special rates for imminent danger pay 
     and the family separation allowance in effect under 
     subsection (a) for an operation referred to in such 
     subsection expire on the date the President terminates the 
     operation.

            Subtitle C--Travel and Transportation Allowances

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

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

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

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

     SEC. 633. REIMBURSEMENT FOR LODGING EXPENSES OF CERTAIN 
                   RESERVE COMPONENT AND RETIRED MEMBERS DURING 
                   AUTHORIZED LEAVE FROM TEMPORARY DUTY LOCATION.

       (a) Reimbursement Authorized.--The Secretary concerned (as 
     defined in section 101 of title 37, United States Code) may 
     reimburse a member of the Armed Forces described in 
     subsection (b) for lodging expenses incurred by the member at 
     the member's duty location while the member is in an 
     authorized leave status.
       (b) Covered Members.--Subsection (a) applies with respect 
     to a member of a reserve component who is called or ordered 
     to active duty for a period of more than 30 days, or a 
     retired member who is ordered to active duty under section 
     688(a) of title 10, United States Code, if the member--
       (1) immediately before taking authorized leave was 
     performing duty at a location away from the member's home;
       (2) was receiving a per diem allowance under section 
     404(a)(4) of title 37, United States Code, to cover lodging 
     and subsistence expenses incurred at the duty location 
     because quarters of the United States were not available for 
     assignment to the member at that location; and
       (3) immediately after completing the authorized leave, 
     returned to the duty location.
       (c) Amount of Reimbursement.--The amount of the 
     reimbursement provided to a member under subsection (a) may 
     not exceed the lesser of--
       (1) the actual daily cost of lodging incurred by the member 
     at the duty location while the member was in an authorized 
     leave status; and
       (2) the lodging portion of the applicable daily per diem 
     rate for that duty location.
       (d) Retroactive Application.--This section applies with 
     respect to members of the reserve components described in 
     subsection (b) who, since September 11, 2001, were or are 
     called or ordered to active duty for a period of more than 30 
     days and retired members described in such subsection who, 
     since that date, were or are ordered to active duty under 
     section 688(a) of title 10, United States Code.

             Subtitle D--Retired Pay and Survivors Benefits

     SEC. 641. FUNDING FOR SPECIAL COMPENSATION AUTHORITIES FOR 
                   DEPARTMENT OF DEFENSE RETIREES.

       (a) Source of Payments.--
       (1) Section 1413(g) of title 10, United States Code, is 
     amended--
       (A) by inserting before ``Payments under'' the following 
     new sentence: ``Payments under this section for a member of 
     the Army, Navy, Air Force, or Marine Corps shall be paid from 
     the Department of Defense Military Retirement Fund.''; and
       (B) by inserting ``for any other member'' before ``for any 
     fiscal year''.
       (2) Section 1413a(h) of such title is amended--
       (A) by inserting before ``Payments under'' the following 
     new sentence: ``Payments under this section for a member of 
     the Army, Navy, Air Force, or Marine Corps shall be paid from 
     the Department of Defense Military Retirement Fund.''; and
       (B) by inserting ``for any other member'' before ``for any 
     fiscal year''.
       (b) Payment of Increased Retirement Trust Fund Costs Due to 
     Concurrent Receipt or Enhanced Special Disability 
     Compensation Payments.--
       (1) Section 1463(a)(1) of this title is amended by 
     inserting before the semicolon the following: ``and payments 
     under section 1413, 1413a, or 1414 of this title paid to such 
     members''.
       (2) Section 1465(b) of such title is amended by adding at 
     the end the following new paragraph:
       ``(3) At the same time that the Secretary of Defense makes 
     the determination required by paragraph (1) for any fiscal 
     year, the Secretary shall determine the amount of the 
     Treasury contribution to be made to the Fund for the next 
     fiscal year under section 1466(b)(2)(D) of this title. That 
     amount shall be determined in the same manner as the 
     determination under paragraph (1) of the total amount of 
     Department of Defense contributions to be made to the Fund 
     during that fiscal year under section 1466(a) of this title, 
     except that for purposes of this paragraph the Secretary, in 
     making the calculations required by subparagraphs (A) and (B) 
     of that paragraph, shall use the single level percentages 
     determined under subsection (c)(4), rather than those 
     determined under subsection (c)(1).''.
       (3) Section 1465(c) of such title is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by inserting before the semicolon 
     at the end the following: ``, to be determined without regard 
     to section 1413, 1413a, or 1414 of this title'';
       (ii) in subparagraph (B), by inserting before the period at 
     the end the following: ``, to be determined without regard to 
     section 1413, 1413a, or 1414 of this title''; and
       (iii) in the sentence following subparagraph (B), by 
     striking ``subsection (b)'' and inserting ``subsection 
     (b)(1)'';
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) Whenever the Secretary carries out an actuarial 
     valuation under paragraph (1), the Secretary shall include as 
     part of such valuation the following:
       ``(A) A determination of a single level percentage 
     determined in the same manner as applies under subparagraph 
     (A) of paragraph (1), but based only upon the provisions of 
     section 1413, 1413a, or 1414 of this title (whichever is in 
     effect).
       ``(B) A determination of a single level percentage 
     determined in the same manner as applies under subparagraph 
     (B) of paragraph (1), but based only upon the provisions of 
     section 1413, 1413a, or 1414 of this title (whichever is in 
     effect).
     Such single level percentages shall be used for the purposes 
     of subsection (b)(3).''.
       (4) Section 1466(b) of such title is amended--
       (A) in paragraph (1), by striking ``sections 1465(a) and 
     1465(c)'' and inserting ``sections 1465(a), 1465(b)(3), 
     1465(c)(2), and 1465(c)(3)''; and
       (B) by adding at the end of paragraph (2) the following new 
     subparagraph:
       ``(D) The amount for that year determined by the Secretary 
     of Defense under section 1465(b)(3) of this title for the 
     cost to the Fund arising from increased amounts payable from 
     the Fund by reason of section 1413, 1413a, or 1414 of this 
     title.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2003.

[[Page 12511]]



    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                                Benefits

     SEC. 651. EXPANDED COMMISSARY ACCESS FOR SELECTED RESERVE 
                   MEMBERS, RESERVE RETIREES UNDER AGE 60, AND 
                   THEIR DEPENDENTS.

       (a) Access to Military Commissaries.--Section 1065 of title 
     10, United States Code, is amended--
       (1) in subsections (a), (b), and (c), by inserting 
     ``commissary stores and'' after ``use'' each place it 
     appears; and
       (2) in subsection (d)--
       (A) by inserting ``commissary stores and'' after ``use'' 
     the first and third places it appears; and
       (B) by inserting ``stores and'' after ``use'' the second 
     and fourth places it appears.
       (b) Conforming Amendments; Transfer of Section.--Chapter 54 
     of such title is amended--
       (1) by striking sections 1063 and 1064;
       (2) in section 1063a(c)(2), by striking ``section 1065(e)'' 
     and inserting ``section 1063(e)'';
       (3) by redesignating section 1063a, as amended by paragraph 
     (2), as section 1064;
       (4) by transferring section 1065, as amended by subsection 
     (a), so as to appear after section 1062; and
       (5) by striking the heading of such section, as amended by 
     subsection (a) and transferred by paragraph (4), and 
     inserting the following new heading:

     ``Sec. 1063. Use of commissary stores and MWR retail 
       facilities: members of reserve components and reserve 
       retirees under age 60''.

       (c) Clerical Amendments.--The table of sections at the 
     beginning of such chapter is amended by striking the items 
     relating to sections 1063, 1063a, 1064, and 1065 and 
     inserting the following new items:

``1063. Use of commissary stores and MWR retail facilities: members of 
              reserve components and reserve retirees under age 60.
``1064. Use of commissary stores and MWR retail facilities: members of 
              National Guard serving in federally declared disaster or 
              national emergency.''.

     SEC. 652. DEFENSE COMMISSARY SYSTEM AND EXCHANGE STORES 
                   SYSTEM.

       (a) Existence of Systems.--Chapter 147 of title 10, United 
     States Code, is amended by inserting before section 2482 the 
     following new section:

     ``Sec. 2481. Existence of defense commissary system and 
       exchange stores system

       ``(a) In General.--The Secretary of Defense shall operate a 
     defense commissary system and an exchange stores system in 
     the manner provided by this chapter and other provisions of 
     law.
       ``(b) Separate Systems.--Except as authorized by section 
     2490a of this title, the defense commissary system and the 
     exchange stores system shall be operated as separate systems 
     of the Department of Defense.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting before the 
     item relating to section 2482 the following new item:

``2481. Existence of defense commissary system and exchange stores 
              system.''.

     SEC. 653. LIMITATIONS ON PRIVATE OPERATION OF DEFENSE 
                   COMMISSARY STORE FUNCTIONS.

       Section 2482(a) of title 10, United States Code, is 
     amended--
       (1) by striking the first and second sentences and 
     inserting the following: ``(1) Under such regulations as the 
     Secretary of Defense may approve, private persons may operate 
     selected commissary store functions, except that such 
     functions may not include functions relating to the 
     procurement of products to be sold in a commissary store or 
     functions relating to the overall management of a commissary 
     system or the management of a commissary store.''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Any change to private operation of a commissary store 
     function shall not take effect until the Secretary of Defense 
     submits written notice of the proposed change to Congress and 
     a period of 90 days of continuous session of Congress expires 
     following the date on which notice was received, determined 
     as provided in section 2486(d)(2) of this title.''.

     SEC. 654. USE OF APPROPRIATED FUNDS TO OPERATE DEFENSE 
                   COMMISSARY SYSTEM.

       (a) Requirement That Commissary Operating Expenses Be Paid 
     From Appropriated Funds.--Section 2484 of title 10, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``may'' and inserting 
     ``shall''; and
       (2) in subsection (b), by striking ``may'' in the first 
     sentence and inserting ``shall''.
       (b) Supplemental Funds for Commissary Operations.--Such 
     section is further amended by adding at the end the following 
     new subsection:
       ``(c) Supplemental Funds for Commissary Operations.--
     Amounts appropriated to cover the expenses of operating the 
     Defense Commissary Agency and the defense commissary system 
     may be supplemented with additional funds from manufacturers' 
     coupon redemption fees, handling fees for tobacco products, 
     and other amounts received as reimbursement for other support 
     activities provided by commissary activities.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2003.

     SEC. 655. RECOVERY OF NONAPPROPRIATED FUND INSTRUMENTALITY 
                   AND COMMISSARY STORE INVESTMENTS IN REAL 
                   PROPERTY AT MILITARY INSTALLATIONS CLOSED OR 
                   REALIGNED.

       (a) 1988 Law.--Section 204(b)(7)(C)(i) of the Defense 
     Authorization Amendments and Base Closure and Realignment Act 
     (Public Law 100-526; 10 U.S.C. 2687 note) is amended in the 
     second sentence by striking ``The Secretary may use amounts 
     in the account (in such an aggregate amount as is provided in 
     advance in appropriation Acts)'' and inserting ``Amounts in 
     the account shall be available to the Secretary, without 
     appropriation and until expended,''.
       (b) 1990 Law.--Section 2906(d)(3) of the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) is amended by 
     striking ``The Secretary may use amounts in the account (in 
     such an aggregate amount as is provided in advance in 
     appropriation Acts)'' and inserting ``Amounts in the account 
     shall be available to the Secretary, without appropriation 
     and until expended,''.

     SEC. 656. COMMISSARY SHELF-STOCKING PILOT PROGRAM.

       (a) Pilot Program Authority.--Subject to subsection (c), 
     the Secretary of Defense may conduct a pilot program under 
     which the stocking of shelves at three defense commissary 
     stores operated by the Defense Commissary Agency shall be the 
     sole responsibility of Federal employees of the Agency or 
     employees contracted by the agency.
       (b) Implementation Plan.--(1) The Secretary of Defense 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a plan for the conduct of the pilot program. 
     The plan shall be submitted not later than six months after 
     the date of the enactment of this Act.
       (2) The plan shall include the following:
       (A) The financial structure of the pilot program and 
     expected costs.
       (B) The Secretary's request to the Office of Personnel 
     Management to conduct the pilot program as a Federal civilian 
     personnel demonstration project under chapter 47 of title 5, 
     United States Code, or a plan to provide otherwise a 
     sufficiently flexible Federal civilian workforce for the 
     pilot program through another authority.
       (C) Specification of the three sites for the conduct of the 
     pilot program and the criteria used to select those sites.
       (D) Proposed duration of the pilot program and the expected 
     timing for providing to Congress the results of the pilot 
     program and recommendations of the Secretary.
       (E) Other observations and recommendations of the 
     Secretary.
       (c) Implementation.--The Secretary of Defense may not begin 
     to conduct the pilot program until a period of 30 days has 
     elapsed after the date of the submission of the plan for the 
     pilot program under subsection (b).

                       Subtitle F--Other Matters

     SEC. 661. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT 
                   FOR DESIGNATION OF CRITICAL MILITARY SKILLS FOR 
                   RETENTION BONUS.

       Section 323(b) of title 37, United States Code, is 
     amended--
       (1) by striking ``(1)''; and
       (2) by striking paragraph (2).

                   TITLE VII--HEALTH CARE PROVISIONS

     SEC. 701. REVISION OF DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE 
                   RETIREE HEALTH CARE FUND TO PERMIT MORE 
                   ACCURATE ACTUARIAL VALUATIONS.

       Section 1115(c) of title 10, United States Code, is amended 
     by adding at the end of paragraph (1) the following: ``In 
     determining single level dollar amounts under subparagraphs 
     (A) and (B) of this paragraph, the Secretary of Defense may 
     determine a separate single level dollar amount under either 
     or both subparagraphs for any participating uniformed 
     service, if, in the judgment of the Secretary, such a 
     determination would produce a more accurate and appropriate 
     actuarial valuation for that uniformed service.''.

     SEC. 702. TRANSFER OF CERTAIN MEMBERS FROM PHARMACY AND 
                   THERAPEUTICS COMMITTEE TO UNIFORM FORMULARY 
                   BENEFICIARY ADVISORY PANEL UNDER THE PHARMACY 
                   BENEFITS PROGRAM.

       Section 1074g of title 10, United States Code, is amended--
       (1) in subsection (b)(1) in the second sentence, by 
     striking ``facilities,'' and all that follows through the end 
     of the sentence and inserting ``facilities and 
     representatives of providers in facilities of the uniformed 
     services.''; and
       (2) in subsection (c)(2)--
       (A) by striking ``represent nongovernmental'' and inserting 
     the following: ``represent--
       ``(A) nongovernmental'';
       (B) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following new subparagraphs:
       ``(B) contractors responsible for the TRICARE retail 
     pharmacy program;
       ``(C) contractors responsible for the national mail-order 
     pharmacy program; and
       ``(D) TRICARE network providers.''.

[[Page 12512]]



     SEC. 703. PERMANENT EXTENSION OF AUTHORITY TO ENTER INTO 
                   PERSONAL SERVICES CONTRACTS FOR THE PERFORMANCE 
                   OF HEALTH CARE RESPONSIBILITIES AT LOCATIONS 
                   OTHER THAN MILITARY MEDICAL TREATMENT 
                   FACILITIES.

       Section 1091(a)(2) of title 10, United States Code, is 
     amended by striking ``The Secretary may not enter into a 
     contract under this paragraph after December 31, 2003.''.

     SEC. 704. PLAN FOR PROVIDING HEALTH COVERAGE INFORMATION TO 
                   MEMBERS, FORMER MEMBERS, AND DEPENDENTS 
                   ELIGIBLE FOR CERTAIN HEALTH BENEFITS.

       (a) Health Information Plan Required.--The Secretary of 
     Defense shall develop a plan to--
       (1) ensure that each household that includes one or more 
     eligible persons is provided information concerning--
       (A) the extent of health coverage provided by sections 1079 
     or 1086 of title 10, United States Code, for each such 
     person;
       (B) the costs, including the limits on such costs, that 
     each such person is required to pay for such health coverage;
       (C) sources of information for locating TRICARE-authorized 
     providers in the household's locality; and
       (D) methods to obtain assistance in resolving difficulties 
     encountered with billing, payments, eligibility, locating 
     TRICARE-authorized providers, collection actions, and such 
     other issues as the Secretary considers appropriate;
       (2) provide mechanisms to ensure that each eligible person 
     has access to information identifying TRICARE-authorized 
     providers in the person's locality who have agreed to accept 
     new patients under section 1079 or 1086 of title 10, United 
     States Code, and to ensure that such information is 
     periodically updated;
       (3) provide mechanisms to ensure that each eligible person 
     who requests assistance in locating a TRICARE-authorized 
     provider is provided such assistance;
       (4) provide information and recruitment materials and 
     programs aimed at attracting participation of health care 
     providers as necessary to meet health care access 
     requirements for all eligible persons; and
       (5) provide mechanisms to allow for the periodic 
     identification by the Department of Defense of the number and 
     locality of eligible persons who may intend to rely on 
     TRICARE-authorized providers for health care services.
       (b) Implementation of Plan.--The Secretary of Defense shall 
     implement the plan required by subsection (a) with respect to 
     any contract entered into by the Department of Defense after 
     May 31, 2003, for managed health care.
       (c) Definitions.--In this section:
       (1) The term ``eligible person'' means a person eligible 
     for health benefits under section 1079 or 1086 of title 10, 
     United States Code.
       (2) The term ``TRICARE-authorized provider'' means a 
     facility, doctor, or other provider of health care services--
       (A) that meets the licensing and credentialing 
     certification requirements in the State where the services 
     are rendered;
       (B) that meets requirements under regulations relating to 
     TRICARE for the type of health care services rendered; and
       (C) that has accepted reimbursement by the Secretary of 
     Defense as payment for services rendered during the 12-month 
     period preceding the date of the most recently updated 
     provider information provided to households under the plan 
     required by subsection (a).
       (d) Submission of Plan.--Not later than March 31, 2004, the 
     Secretary shall submit to the Committees on Armed Services of 
     the Senate and House of Representatives the plan required by 
     subsection (a), together with a schedule for implementation 
     of the plan.

     SEC. 705. WORKING GROUP ON MILITARY HEALTH CARE FOR PERSONS 
                   RELIANT ON HEALTH CARE FACILITIES AT MILITARY 
                   INSTALLATIONS TO BE CLOSED OR REALIGNED.

       Section 722 of the National Defense Authorization Act for 
     Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1073 note) is 
     amended by striking subsections (a), (b), (c), and (d) and 
     inserting the following new subsections:
       ``(a) Establishment.--Not later than December 31, 2003, the 
     Secretary of Defense shall establish a working group on the 
     provision of military health care to persons who rely for 
     health care on health care facilities located at military 
     installations--
       ``(1) inside the United States that are selected for 
     closure or realignment in the 2005 round of realignments and 
     closures authorized by sections 2912, 2913, and 2914 of the 
     Defense Base Closure and Realignment Act of 1990 (part A of 
     title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as 
     added by title XXX of the National Defense Authorization Act 
     for Fiscal Year 2002 (Public Law 107-107; 155 Stat. 1342); or
       ``(2) outside the United States that are selected for 
     closure or realignment as a result of force posture changes.
       ``(b) Membership.--The members of the working group shall 
     include, at a minimum, the following:
       ``(1) The Assistant Secretary of Defense of Health Affairs, 
     or the designee of the Assistant Secretary.
       ``(2) The Surgeon General of the Army, or the designee of 
     that Surgeon General.
       ``(3) The Surgeon General of the Navy, or the designee of 
     that Surgeon General.
       ``(4) The Surgeon General of the Air Force, or the designee 
     of that Surgeon General.
       ``(5) At least one independent member from each TRICARE 
     region, but not to exceed a total of 12 members appointed 
     under this paragraph, whose experience in matters within the 
     responsibility of the working group qualify that person to 
     represent persons authorized health care under chapter 55 of 
     title 10, United States Code.
       ``(c) Duties.--(1) In developing the selection criteria and 
     recommendations for the 2005 round of realignments and 
     closures required by sections 2913 and 2914 of the Defense 
     Base Closure and Realignment Act of 1990, the Secretary of 
     Defense shall consult with the working group.
       ``(2) The working group shall be available to provide 
     assistance to the Defense Base Closure and Realignment 
     Commission.
       ``(3) In the case of each military installation referred to 
     in paragraph (1) or (2) of subsection (a) whose closure or 
     realignment will affect the accessibility to health care 
     services for persons entitled to such services under chapter 
     55 of title 10, United States Code, the working group shall 
     provide to the Secretary of Defense a plan for the provision 
     of the health care services to such persons.
       ``(d) Special Considerations.--In carrying out its duties 
     under subsection (c), the working group--
       ``(1) shall conduct meetings with persons entitled to 
     health care services under chapter 55 of title 10, United 
     States Code, or representatives of such persons;
       ``(2) may use reliable sampling techniques;
       ``(3) may visit the areas where closures or realignments of 
     military installations will adversely affect the 
     accessibility of health care for such persons and may conduct 
     public meetings; and
       ``(4) shall ensure that members of the uniformed services 
     on active duty, members and former members of the uniformed 
     services entitled to retired or retainer pay, and dependents 
     and survivors of such members and retired personnel are 
     afforded the opportunity to express their views.''.

     SEC. 706. ACCELERATION OF IMPLEMENTATION OF CHIROPRACTIC 
                   HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.

       The Secretary of Defense shall accelerate the 
     implementation of the plan required by section 702 of the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001 (Public Law 106-398) (relating to chiropractic 
     health care services and benefits), with a goal of completing 
     implementation of the plan by October 1, 2005.

     SEC. 707. MEDICAL AND DENTAL SCREENING FOR MEMBERS OF 
                   SELECTED RESERVE UNITS ALERTED FOR 
                   MOBILIZATION.

       Section 1074a of title 10, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(f)(1) The Department of Defense may provide medical and 
     dental screening and care to members of the Selected Reserve 
     who are assigned to a unit that has been alerted that the 
     unit will be mobilized for active duty in support of an 
     operational mission or contingency operation, during a 
     national emergency, or in a time of war.
       ``(2) The medical and dental screening and care that may be 
     provided under this subsection is screening and care 
     necessary to ensure that a member meets the medical and 
     dental standards for required deployment.
       ``(3) The services provided under this subsection shall be 
     provided to a member at no cost to the member and at any time 
     after the unit to which the member is assigned is alerted or 
     otherwise notified that the unit will be mobilized.''.

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

Subtitle A--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

     SEC. 801. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN 
                   PROTOTYPE PROJECTS.

       Section 845 of the National Defense Authorization Act for 
     Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note) is 
     amended in subsection (g) by striking ``September 30, 2004'' 
     and inserting ``September 30, 2008''.

     SEC. 802. ELIMINATION OF CERTAIN SUBCONTRACT NOTIFICATION 
                   REQUIREMENTS.

       Subsection (e) of section 2306 of title 10, United States 
     Code, is amended--
       (1) by striking ``(A)'' and ``(B)'' and inserting ``(i)'' 
     and ``(ii)'', respectively;
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively,
       (3) by striking ``Each'' and inserting ``(1) Except as 
     provided in paragraph (2), each''; and
       (4) by adding at the end the following new paragraph:
       ``(2) Paragraph (1) shall not apply to a prime contract 
     with a contractor that maintains a purchasing system approved 
     by the contracting officer for the contract.''.

      SEC. 803. ELIMINATION OF REQUIREMENT TO FURNISH WRITTEN 
                   ASSURANCES OF TECHNICAL DATA CONFORMITY.

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

     SEC. 804. LIMITATION PERIOD FOR TASK AND DELIVERY ORDER 
                   CONTRACTS.

       (a) In General.--Chapter 137 of title 10, United States 
     Code, is amended--
       (1) in section 2304a--
       (A) in subsection (e)--
       (i) by inserting ``(1)'' before ``A task''; and
       (ii) by adding at the end the following new paragraphs:

[[Page 12513]]

       ``(2) Unless use of procedures other than competitive 
     procedures is authorized by an exception in subsection (c) of 
     section 2304 of this title and approved in accordance with 
     subsection (f) of such section, competitive procedures shall 
     be used for making such a modification.
       ``(3) Notice regarding the modification shall be provided 
     in accordance with section 18 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 416) and section 8(e) of 
     the Small Business Act (15 U.S.C. 637(e)).''; and
       (B) by striking subsection (f) and inserting the following:
       ``(f) Limitation on Contract Period.--The base period of a 
     task order contract or delivery order contract entered into 
     under this section may not exceed five years unless a longer 
     period is specifically authorized in a law that is applicable 
     to such contract. The contract may be extended for an 
     additional 5 years (for a total contract period of not more 
     than 10 years) through modifications, options, or 
     otherwise.''; and
       (2) in section 2304b--
       (A) by striking subsection (a) and inserting the following:
       ``(a) In General.--A task order contract (as defined in 
     section 2304d of this title) for procurement of advisory and 
     assistance services shall be subject to the requirements of 
     this section, sections 2304a and 2304c of this title, and 
     other applicable provisions of law.'';
       (B) by striking subsections (b), (f), and (g) and 
     redesignating subsections (c), (d), (e), (h), and (i) as 
     subsections (b) through (f);
       (C) by amending subsection (c) (as redesignated by 
     subparagraph (B)) to read as follows:
       ``(c) Required Content of Contract.--A task order contract 
     described in subsection (a) shall contain the same 
     information that is required by section 2304a(b) to be 
     included in the solicitation of offers for that contract.''; 
     and
       (D) in subsection (d) (as redesignated by subparagraph 
     (B))--
       (i) in paragraph (1), by striking ``under this section'' 
     and inserting ``described in subsection (a)''; and
       (ii) in paragraph (2), by striking ``under this section''.
       (b) Repeals.--(1) Subsection (g) of section 2306c of title 
     10, United States Code, is repealed.
       (2) Subsection (c) of section 811 of the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003 (Public Law 
     107-314; 116 Stat. 2608) is repealed.

     SEC. 805. ADDITIONAL AUTHORITIES RELATING TO OBTAINING 
                   PERSONAL SERVICES.

       (a) In General.--Section 129b of title 10, United States 
     Code, is amended--
       (1) in subsection (a)(1), by striking ``in accordance with 
     section 3109 of title 5''; and
       (2) by adding at the end the following new subsection:
       ``(d) Additional Authority.--(1) In addition to the 
     authority provided under subsection (a), the Secretary of 
     Defense may enter into personal services contracts with 
     individuals, regardless of their nationality, outside of the 
     United States.
       ``(2) The contracting officer for a personal services 
     contract shall be responsible for ensuring that a personal 
     services contract is the appropriate vehicle for carrying out 
     the purpose of the contract.''.
       (b) Intelligence Components.--(1) Subchapter I of chapter 
     21 of title 10, United States Code, is amended by adding at 
     the end the following new section:

     ``Sec. 426. Personal services contracts: authority and 
       limitations

       ``(a) Personal Services.--(1) The Secretary of Defense may, 
     notwithstanding section 3109 of title 5, enter into personal 
     services contracts in the United States if the personal 
     services directly support the mission of a defense 
     intelligence component or counter-intelligence organization.
       ``(2) The contracting officer for a personal services 
     contract shall be responsible for ensuring that a personal 
     services contract is the appropriate vehicle for carrying out 
     the purpose of the contract.
       ``(b) Definition.--In this section, the term `defense 
     intelligence component' means a component of the Department 
     of Defense that is an element of the intelligence community, 
     as defined in section 3(4) of the National Security Act of 
     1947 (50 U.S.C. 401a(4)).''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by adding at the end the following new 
     item:

``426. Personal services contracts: authority and limitations.''.
       (c) Special Operations Command.--Section 167 of title 10, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(l) Personal Services Contracts.--(1) The Secretary of 
     Defense may, notwithstanding section 3109 of title 5, enter 
     into personal services contracts in the United States if the 
     personal services directly support the mission of the special 
     operations command.
       ``(2) The contracting officer for a personal services 
     contract shall be responsible for ensuring that a personal 
     services contract is the appropriate vehicle for carrying out 
     the purpose of the contract.''.

     SEC. 806. EVALUATION OF PROMPT PAYMENT PROVISIONS.

       (a) Evaluation Requirement.--The Secretary of Defense shall 
     evaluate provisions of law and regulation relating to the 
     prompt payment of amounts due contractors under contracts 
     with the Department of Defense.
       (b) Matters Covered.--In carrying out such evaluation, the 
     Secretary shall focus in particular on the implementation of 
     prompt payment provisions with respect to small businesses, 
     including--
       (1) an analysis of compliance by the Department of Defense 
     with chapter 39 of title 31, United States Code, and 
     regulations applicable to the Department of Defense under 
     that chapter, with respect to small business contractors;
       (2) a determination of the number of Department of Defense 
     contracts with small businesses that are not in compliance 
     with prompt payment requirements; and
       (3) a determination of the average length of time that 
     elapses between performance of work by small business 
     contractors under Department of Defense contracts and payment 
     for such work.

      Subtitle B--United States Defense Industrial Base Provisions

     Part I--Critical Items Identification and Domestic Production 
                    Capabilities Improvement Program

     SEC. 811. ASSESSMENT OF UNITED STATES DEFENSE INDUSTRIAL BASE 
                   CAPABILITIES.

       (a) Assessment Program.--The Secretary of Defense, in 
     coordination with the Secretary of each military department, 
     shall establish a program to assess the capabilities of the 
     United States defense industrial base to produce military 
     systems necessary to support national security requirements.
       (b) Designee.--The Secretary of each military department 
     shall designate a position to be responsible for assisting in 
     carrying out the program under subsection (a) with respect to 
     the military department concerned. The person designated to 
     serve in such position shall do the following:
       (1) Report to the Service Acquisition Executive of the 
     military department concerned on defense industrial base 
     matters affecting the acquisition and production of military 
     systems.
       (2) Provide information to assist the Secretary of Defense 
     in carrying out the Secretary's duties as a member of the 
     National Defense Technology and Industrial Base Council (as 
     established under section 2502 of title 10, United States 
     Code).
       (3) Oversee the collection of data to assist the Secretary 
     of Defense in carrying out subsection (c).
       (4) Oversee the process for identifying and determining 
     critical items to assist the Secretary of Defense in carrying 
     out section 812.
       (c) Collection of Data.--The Secretary of Defense shall 
     collect data in support of the program. At a minimum, with 
     respect to each procurement for a covered military system, 
     the following information shall be collected:
       (1) With respect to the contractor awarded the contract:
       (A) An identification of the critical item or items 
     included in the covered military system and whether the item 
     is of a domestic or foreign source.
       (B) Whether the contractor is a foreign contractor, and, if 
     so--
       (i) whether the contract was awarded on a sole source basis 
     because of the unavailability of responsible offerors with 
     United States production capabilities; or
       (ii) whether the contract was awarded after receipt of 
     offers from responsible offerors with United States 
     production capabilities.
       (C) Whether the contractor is a United States contractor, 
     and, if the contractor plans to perform work under the 
     contract outside the United States, an identification of the 
     locations where the work (including research, development, 
     and manufacturing) will be performed.
       (2) With respect to the offerors submitting bids or 
     proposals (other than the offeror awarded the contract):
       (A) An identification of the critical item or items 
     included in the covered military system and whether the item 
     is of a domestic or foreign source.
       (B) An identification of the domestic and foreign offerors 
     and the locations where the work (including research, 
     development, and manufacturing) was proposed to be performed 
     under the contract.
       (C) A statement of whether there were no offerors or 
     whether there was only one offeror.
       (d) Confidentiality.--The Secretary of Defense shall make 
     every effort to ensure that the information collected under 
     this section from private sector entities remains 
     confidential.
       (e) Assessment.--The Secretary of Defense shall prepare an 
     assessment of the data compiled under this section during 
     every two-year period and shall submit the results of the 
     assessment to the Committees on Armed Services of the Senate 
     and the House of Representatives. The first such assessment 
     shall cover the period of fiscal Year 2002 and fiscal Year 
     2003 and shall be submitted to the Committees no later than 
     November 1, 2004.

     SEC. 812. IDENTIFICATION OF CRITICAL ITEMS: MILITARY SYSTEM 
                   BREAKOUT LIST.

       (a) Identification Process.--The Secretary of Defense shall 
     establish a process to identify, with respect to each 
     military system--
       (1) the items and components within the military system;
       (2) the items and components within the military system 
     that are essential, in accordance with subsection (c); and
       (3) the items and components within the military system 
     that are critical, in accordance with subsection (d).
       (b) Military System Breakout List.--The Secretary of 
     Defense shall produce a list, to be known as the ``military 
     system breakout list'',

[[Page 12514]]

     consisting of the items and components identified under the 
     process established under subsection (a).
       (c) Essential Items and Components.--For purposes of 
     determining whether an item or component is essential, the 
     Secretary shall include only an item or component that--
       (1) is essential for the proper functioning and performance 
     of the military system of which the item or component is a 
     part; or
       (2) involves a critical technology (as defined in section 
     2500 of title 10, United States Code).
       (d) Critical Items or Components.--(1) For purposes of 
     determining whether an item or component is critical, the 
     Secretary shall include only an item or component that--
       (A) is essential, as determined under subsection (c); and
       (B) with respect to which there is a high barrier to entry 
     for the production of the item or component.
       (2) For purposes of paragraph (1)(B), a high barrier to 
     entry for the production of an item or component means that--
       (A) there would be a significant period of time required to 
     reestablish United States production capabilities; and
       (B) the level of investment necessary to reestablish United 
     States production capabilities that are able to meet surge 
     and sustained production rates for wartime requirements is 
     significant.
       (e) Report.--Not later than November 1 of each year, 
     beginning with November 1, 2004, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     implementation of this section. The report shall include the 
     following:
       (1) A list of each military system covered by the process 
     established under subsection (a).
       (2) A list of items and components determined to be 
     essential.
       (3) A list of items and components determined to be 
     critical.
       (4) A list of the items and components contained in the 
     lists provided under paragraphs (2) and (3) that are 
     manufactured or produced outside the United States.

     SEC. 813. PROCUREMENT OF CERTAIN CRITICAL ITEMS FROM AMERICAN 
                   SOURCES.

       (a) Requirement for Procurement of Certain Critical Items 
     Produced in United States.--With respect to items that meet 
     the criteria set forth in subsection (b), the Secretary of 
     Defense may procure such items only if the items are entirely 
     produced in the United States.
       (b) Criteria.--For purposes of subsection (a), an item 
     meets the criteria of this subsection if--
       (1) it is a critical item; and
       (2) there are limited sources of production capability of 
     the item in the United States.
       (c) Exception.--Subsection (a) does not apply to a 
     procurement of an item when the Secretary of Defense 
     determines in writing that the Department of Defense's need 
     for the item is of such an unusual and compelling urgency 
     that the United States would be seriously injured unless the 
     Department is permitted to procure the item from sources 
     outside the United States.
       (d) Applicability.--Subsection (a) shall apply to contracts 
     for the procurement of covered military systems and 
     subcontracts under such contracts.

     SEC. 814. PRODUCTION CAPABILITIES IMPROVEMENT FOR CERTAIN 
                   CRITICAL ITEMS USING DEFENSE INDUSTRIAL BASE 
                   CAPABILITIES FUND.

       (a) Establishment of Fund.--There is established in the 
     Treasury of the United States a separate fund to be known as 
     the Defense Industrial Base Capabilities Fund (hereafter in 
     this section referred to as the`Fund').
       (b) Moneys in Fund.--There shall be credited to the Fund 
     amounts appropriated to it.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Fund $100,000,000 for fiscal year 
     2004.
       (d) Use of Fund.--The Secretary of Defense is authorized to 
     use all amounts in the Fund, subject to appropriation, for 
     the purposes of establishing capabilities within the United 
     States to produce critical items that meet any of the 
     following criteria:
       (1) The item is available only from foreign contractors.
       (2) The item is available only from a limited number of 
     United States contractors.
       (e) Limitation on Use of Fund.--Before the obligation of 
     any amounts in the Fund, the Secretary of Defense shall 
     submit to Congress a report describing the Secretary's plans 
     for implementing the Fund established in subsection (a), 
     including the priorities for the obligation of amounts in the 
     Fund, the criteria for determining the recipients of such 
     amounts, and the mechanisms through which such amounts may be 
     provided to the recipients.
       (f) Availability of Funds.--Amounts in the Fund shall 
     remain available until expended.
       (g) Fund Manager.--The Secretary of Defense shall designate 
     a Fund manager. The duties of the Fund manager shall 
     include--
       (1) ensuring the visibility and accountability of 
     transactions engaged in through the Fund; and
       (2) reporting to Congress each year regarding activities of 
     the Fund during the previous fiscal year.

            Part II--Requirements Relating to Specific Items

     SEC. 821. DOMESTIC SOURCE LIMITATION AMENDMENTS.

       (a) Additional Items.--Section 2534(a) of title 10, United 
     States Code, is amended by adding at the end of the following 
     new paragraphs:
       ``(6) Fuzes used for ordnance.
       ``(7) Microwave power tubes or traveling wave tubes.
       ``(8) PAN carbon fiber.
       ``(9) Aircraft tires.
       ``(10) Ground vehicle tires.
       ``(11) Tank track assemblies.
       ``(12) Tank track components.
       ``(13) Packaging in direct contact with meals within meals 
     ready-to-eat listed in Federal Supply Class 8970.''.
       (b) Amendment of National Technology and Industrial Base.--
     Paragraph (1) of section 2500 of title 10, United States 
     Code, is amended--
       (1) by striking all that follows after ``States'' to the 
     end of the paragraph and inserting a period; and
       (2) by striking ``production, or maintenance'' and 
     inserting ``production, and maintenance''.
       (c) Amendment of Waiver Authority.--Section 2534(d) of 
     title 10, United States Code, is amended--
       (1) in the text before paragraph (1), by inserting ``in 
     writing'' after ``determines'';
       (2) by striking paragraphs (1), (2), (3), (6), (7), and 
     (8);
       (3) by redesignating paragraphs (4) and (5) as paragraphs 
     (2) and (3), respectively, and in such paragraph (3), as so 
     redesignated, by adding at the end the following: ``This 
     exception shall not apply to items determined to be critical 
     by the Secretary of Defense under section 812 of the National 
     Defense Authorization Act for Fiscal Year 2004.''; and
       (4) by inserting before paragraph (2), as so redesignated, 
     the following new paragraph (1):
       ``(1) The Department of Defense's need for the item is of 
     such an unusual and compelling urgency that the United States 
     would be seriously injured unless the Department is permitted 
     to procure the item from sources outside the United 
     States.''.

     SEC. 822. REQUIREMENTS RELATING TO BUYING COMMERCIAL ITEMS 
                   CONTAINING SPECIALTY METALS FROM AMERICAN 
                   SOURCES.

       (a) Specialty Metals and Other Industrial Base Protection 
     Measures.--(1) Subsection (b) of section 2533a of title 10, 
     United States Code, is amended--
       (A) in paragraph (1)(B), by inserting before the semicolon 
     the following: ``and the materials and components thereof''; 
     and
       (B) in paragraph (2), by inserting before the period the 
     following: `` and any specialty metal that may be part of 
     another item''.
       (2) Subsection (c) is amended--
       (A) by striking ``or the Secretary of the military 
     department concerned''; and
       (B) by adding at the end the following: ``For each such 
     determination, the Secretary of Defense shall notify Congress 
     in writing of the factors supporting the determination.''.
       (3) Section 2533a of such title is amended by adding at the 
     end the following new subsection:
       ``(l) Authority Not Delegable.--The Secretary may not 
     delegate any authority under this section to anyone other 
     than the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics.''.
       (b) Exception to Berry Amendment for Commercial Items 
     Containing Specialty Metals.--Section 2533a of title 10, 
     United States Code, is amended--
       (1) by redesignating subsections (i) and (j) as subsections 
     (j) and (k), respectively; and
       (2) by inserting after subsection (h) the following new 
     subsection:
       ``(i) Exception for Commercial Items Containing Specialty 
     Metals.--
       ``(1) In General.--Subsection (a) does not apply to the 
     procurement of a commercial item containing specialty metals 
     if--
       ``(A) the contractor agrees to comply with the requirement 
     set forth in paragraph (2); or
       ``(B) the Secretary of Defense determines in writing that 
     the Department of Defense's need for the commercial item 
     containing specialty metal is of such an unusual and 
     compelling urgency that the United States would be seriously 
     injured unless the Department is permitted to procure the 
     item containing specialty metal from outside the United 
     States.
       ``(2) Requirement to purchase equivalent amount of domestic 
     metal.--For purposes of paragraph (1)(A), the requirement set 
     forth in this paragraph is that the contractor for each 
     contract entered into by the Secretary for the procurement of 
     a commercial item containing specialty metal agrees to 
     purchase, over the 18-month period beginning on the date of 
     award of the contract, an amount of specialty metal that is--
       ``(A) produced, including such functions as melting and 
     smelting, in the United States; and
       ``(B) equivalent to--
       ``(i) the amount of specialty metal (measured by factors 
     including volume, type, and grade) purchased to carry out the 
     work under the contract (including the work under each 
     subcontract at any tier under the contract); plus
       ``(ii) 10 percent of the amount referred to in clause (i).
       ``(3) Relationship to other exceptions.--The exceptions 
     under subsections (c), (d), and (h) of this section shall not 
     apply to the procurement of a commercial item containing 
     specialty metals.
       ``(4) Notice to congress.--The Secretary of Defense shall 
     not enter into a contract to procure a commercial item 
     containing specialty metal pursuant to the exception in 
     subsection (a) until Congress is notified that the Secretary 
     has applied the exception and a period of 15 days has expired 
     after such notification is made.
       ``(5) Notice to industry.--The Secretary of Defense shall 
     publish a notice in the Federal

[[Page 12515]]

     Register on the method that the Department of Defense will 
     use to measure an equivalent amount of specialty metal for 
     purposes of this subsection. Such a method shall consider 
     factors such as volume, type, and grade of specialty metal 
     that otherwise would be produced from United States 
     sources.''.
       (c) Removal of Specialty Metal From Subsection (e) 
     Exception.--Subsection (e) of such section is amended--
       (1) in the heading, by striking ``Specialty Metals and''; 
     and
       (2) by striking ``specialty metals or''.
       (d) Conforming Amendment.--Subsection (a) of section 2533a 
     of such title is amended by striking ``through (h)'' and 
     inserting ``through (i)''.
       (e) Effective Date.--Section 2533a(i) of title 10, United 
     States Code, as added by subsection (a), shall apply to each 
     contract for the procurement of a commercial item containing 
     specialty metal entered into before, on, or after the date of 
     the enactment of this Act.

     SEC. 823. ELIMINATION OF UNRELIABLE SOURCES OF DEFENSE ITEMS 
                   AND COMPONENTS.

       (a) Identification of Certain Countries.--The Secretary of 
     Defense shall identify foreign countries that, by law, 
     policy, or regulation, restricted the provision or sale of 
     military goods or services to the United States because of 
     United States policy toward, or military operations in, Iraq 
     since September 12, 2002.
       (b) Prohibition on Procurement of Certain Items From 
     Identified Countries.--The Secretary of Defense may not 
     procure any items or components contained in military systems 
     if the items or components, or the systems, are manufactured 
     in any foreign country identified under subsection (a).
       (c) Waiver Authority.--The Secretary of Defense may waive 
     the limitation in subsection (b) if the Secretary determines 
     in writing and notifies Congress that the Department of 
     Defense's need for the item is of such an unusual and 
     compelling urgency that the United States would be seriously 
     injured unless the Department is permitted to procure the 
     item from the sources identified in subsection (a).
       (d) Effective Date.--(1) Subject to paragraph (2), 
     subsection (b) applies to contracts in existence on the date 
     of the enactment of this Act or entered into after such date.
       (2) With respect to contracts in existence on the date of 
     the enactment of this Act, the Secretary of Defense shall 
     take such action as is necessary to ensure that such 
     contracts are in compliance with subsection (b) not later 
     than 24 months after such date.

     SEC. 824. CONGRESSIONAL NOTIFICATION REQUIRED BEFORE 
                   EXERCISING EXCEPTION TO REQUIREMENT TO BUY 
                   SPECIALTY METALS FROM AMERICAN SOURCES.

       Section 2533a(c) of title 10, United States Code, is 
     amended by adding at the end the following new sentence: 
     ``The Secretary of Defense or the Secretary of the military 
     department concerned may not procure specialty metals 
     pursuant to the exception authorized by this subsection until 
     the Secretary submits to Congress and publishes in the 
     Federal Register notice of the determination made under this 
     subsection and a period of 15 days expires after the date 
     such notification is submitted.''.

     SEC. 825. REPEAL OF AUTHORITY FOR FOREIGN PROCUREMENT OF 
                   PARA-ARAMID FIBERS AND YARNS.

       Section 807 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     112 Stat. 2084) is repealed.

     SEC. 826. REQUIREMENT FOR MAJOR DEFENSE ACQUISITION PROGRAMS 
                   TO USE MACHINE TOOLS ENTIRELY PRODUCED WITHIN 
                   THE UNITED STATES.

       (a) In General.--(1) Chapter 144 of title 10, United States 
     Code, is amended by inserting after section 2435 the end the 
     following new section:

     ``Sec. 2436. Major defense acquisition programs: requirement 
       for certain items to be entirely produced in United States

       ``The Secretary of Defense shall require that, for any 
     procurement of a major defense acquisition program--
       ``(1) the contractor for the procurement shall use only 
     machine tools entirely produced within the United States to 
     carry out the contract; and
       ``(2) any subcontractor under the contract shall comply 
     with paragraph (1) in the case of any contract in an amount 
     that is $5,000,000 or greater.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``2436. Major defense acquisition programs: requirement for certain 
              items to be entirely produced in United States.''.

       (b) Effective Date.--Section 2436 of title 10, United 
     States Code, as added by subsection (a), shall apply with 
     respect to contracts entered into after the date occurring 
     four years after the date of the enactment of this Act.

                      Part III--General Provisions

     SEC. 831. DEFINITIONS.

       In this subtitle:
       (1) Covered military system.--The term ``covered military 
     system'' means a military system that includes one or more 
     critical items.
       (2) Military system.--The term ``military system'' means a 
     military system necessary to support national security 
     requirements, as determined by the Secretary of Defense, and 
     which costs more than $25,000. At a minimum, the term 
     includes the following:
       (A) Weapons listed in Federal Supply Group 10.
       (B) Nuclear ordnance listed in Federal Supply Group 11.
       (C) Fire control equipment listed in Federal Supply Group 
     12.
       (D) Ammunition and explosives listed in Federal Supply 
     Group 13.
       (E) Guided missiles listed in Federal Supply Group 14.
       (F) Aircraft and related components, accessories, and 
     equipment listed in Federal Supply Groups 15, 16, and 17.
       (G) Space vehicles listed in Federal Supply Group 18.
       (H) Ships, small craft, pontoons, and floating docks listed 
     in Federal Supply Group 19.
       (I) Ship and marine equipment listed in Federal Supply 
     Group 20.
       (J) Tracked combat vehicles listed in Federal Supply Class 
     2350.
       (K) Engines, turbines, and components listed in Federal 
     Supply Group 28.
       (3) Critical item.--The term ``critical item'' means an 
     item or component determined to be critical by the Secretary 
     of Defense under section 812.
       (4) Item.--The term ``item'' means an end item.
       (5) Component.--The term ``component'' means an article, 
     material, or supply incorporated into an end item. The term 
     includes software and subassemblies.
       (6) Foreign contractor.--The term ``foreign contractor'' 
     means a contractor or subcontractor organized or existing 
     under the laws of a country other than the United States.
       (7) United States contractor.--The term ``United States 
     contractor'' means a contractor or subcontractor organized or 
     existing under the laws of the United States.
       (8) United States production capabilities.--The term 
     ``United States production capabilities'' means, with respect 
     to an item or component, facilities located in the United 
     States to design, develop, or manufacture the item or 
     component.

                        TITLE IX--DEPARTMENT OF 
                  DEFENSE ORGANIZATION AND MANAGEMENT

     SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY TO 
                   SECRETARY OF THE NAVY AND MARINE CORPS.

       (a) Change in Title.--The position of the Secretary of the 
     Navy is hereby redesignated as the Secretary of the Navy and 
     Marine Corps.
       (b) References.--Any reference to the Secretary of the Navy 
     in any law, regulation, document, record, or other paper of 
     the United States shall be considered to be a reference to 
     the Secretary of the Navy and Marine Corps.

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

       (a) Redesignation.--The National Imagery and Mapping Agency 
     of the Department of Defense is hereby redesignated as the 
     National Geospatial-Intelligence Agency.
       (b) Definition of Geospatial Intelligence.--Section 467 of 
     title 10, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(5) The term `geospatial intelligence' means the 
     exploitation and analysis of imagery and geospatial 
     information to describe, assess, and visually depict physical 
     features and geographically referenced activities on the 
     earth. Geospatial intelligence consists of imagery, imagery 
     intelligence, and geospatial information.''.
       (c) Agency Missions.--(1) Section 442(a) of title 10, 
     United States Code, is amended--
       (A) in paragraph (1), by inserting ``geospatial 
     intelligence consisting of'' after ``provide''; and
       (B) in paragraph (2), by striking ``Imagery, intelligency, 
     and information'' and inserting ``Geospatial intelligence''.
       (2) Section 110(a) of the National Security Act of 1947 (50 
     U.S.C. 404e(a)) is amended by striking ``imagery'' and 
     inserting ``geospatial intelligence''.
       (d) Conforming Amendments to Title 10, United States 
     Code.--Title 10, United States Code, is amended as follows:
       (1) The heading of chapter 22 is amended to read as 
     follows:

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

       (2) Chapter 22 is amended--
       (A) by striking ``National Imagery and Mapping Agency'' 
     each place it appears and inserting ``National Geospatial-
     Intelligence Agency''; and
       (B) in section 453(b), by striking ``NIMA'' in paragraphs 
     (1) and (2) and inserting ``NGA''.
       (3) Section 193 is amended--
       (A) by striking ``National Imagery and Mapping Agency'' in 
     subsections (d)(1), (d)(2), (e), and (f)(4) and inserting 
     ``National Geospatial-Intelligence Agency'';
       (B) in the heading for subsection (d), by striking 
     ``National Imagery and Mapping Agency'' and inserting 
     ``National Geospatial-Intelligence Agency''; and
       (C) in the heading for subsection (e), by striking ``NIMA'' 
     and inserting ``NGA''.
       (4) Section 201 is amended by striking ``National Imagery 
     and Mapping Agency'' in subsections (b)(2)(C) and (c)(2)(C) 
     and inserting ``National Geospatial-Intelligence Agency''.
       (5)(A) Section 424 is amended by striking ``National 
     Imagery and Mapping Agency'' in subsection (b)(3) and 
     inserting ``National Geospatial-Intelligence Agency''.

[[Page 12516]]

       (B)(i) The heading of such section is amended to read as 
     follows:

     ``Sec. 424. Disclosure of organizational and personnel 
       information: exemption for specified intelligence 
       agencies''.

       (ii) The item relating to that section in the table of 
     sections at the beginning of subchapter I of chapter 21 is 
     amended to read as follows:

``424. Disclosure of organizational and personnel information: 
              exemption for specified intelligence agencies.''.
       (6) Section 425(a) is amended by adding at the end the 
     following new paragraph:
       ``(5) The words `National Geospatial-Intelligence Agency', 
     the initials `NGA,' or the seal of the National Geospatial-
     Intelligence Agency.''.
       (7) Section 1614(2)(C) is amended by striking ``National 
     Imagery and Mapping Agency'' and inserting ``National 
     Geospatial-Intelligence Agency''.
       (8) The tables of chapters at the beginning of subtitle A, 
     and at the beginning of part I of subtitle A, are each 
     amended by striking ``Imagery and Mapping'' in the item 
     relating to chapter 22 and inserting ``Geospatial-
     Intelligence''.
       (e) Conforming Amendments to National Security Act of 
     1947.--The National Security Act of 1947 is amended as 
     follows:
       (1) Section 3 (50 U.S.C. 401a) is amended by striking 
     ``National Imagery and Mapping Agency'' in paragraph (4)(E) 
     and inserting ``National Geospatial-Intelligence Agency''.
       (2) Section 105 (50 U.S.C. 403-5) is amended by striking 
     ``National Imagery and Mapping Agency'' in subsections (b)(2) 
     and (d) and inserting ``National Geospatial-Intelligence 
     Agency''.
       (3) Section 105A (50 U.S.C. 403-5a) is amended by striking 
     ``National Imagery and Mapping Agency'' in subsection 
     (b)(1)(C) and inserting ``National Geospatial-Intelligence 
     Agency''.
       (4) Section 105C (50 U.S.C. 403-5c) is amended--
       (A) by striking ``National Imagery and Mapping Agency'' 
     each place it appears and inserting ``National Geospatial-
     Intelligence Agency'';
       (B) by striking ``NIMA'' each place it appears and 
     inserting ``NGA''; and
       (C) by striking ``national imagery and mapping agency'' in 
     the section heading and inserting ``national geospatial-
     intelligence agency''.
       (5) Section 106 (50 U.S.C. 403-6) is amended by striking 
     ``National Imagery and Mapping Agency'' in subsection 
     (a)(2)(C) and inserting ``National Geospatial-Intelligence 
     Agency''.
       (6) Section 110 (50 U.S.C. 404e) is amended--
       (A) by striking ``National Imagery and Mapping Agency'' in 
     subsections (a), (b), and (c) and inserting ``National 
     Geospatial-Intelligence Agency''; and
       (B) by striking ``national imagery and mapping agency'' in 
     the section heading and inserting ``national geospatial-
     intelligence agency''.
       (7) The table of contents in the first section is amended--
       (A) by striking the item relating to section 105C and 
     inserting the following:

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

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

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

       (f) Cross Reference Correction.--Section 442(d) of title 
     10, United States Code, is by striking ``section 120(a) of 
     the National Security Act of 1947'' and inserting ``section 
     110(a) of the National Security Act of 1947 (50 U.S.C. 
     404e(a))''.
       (g) References.--Any reference to the National Imagery and 
     Mapping Agency in any law, regulation, map, document, record, 
     or other paper of the United States shall be considered to be 
     a reference to the National Geospatial-Intelligence Agency.

     SEC. 903. PILOT PROGRAM FOR PROVISION OF SPACE SURVEILLANCE 
                   NETWORK SERVICES TO NON-UNITED STATES 
                   GOVERNMENTAL ENTITIES.

       (a) In General.--Chapter 135 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2272. Space surveillance network: pilot program for 
       provision of satellite tracking support to entities outside 
       United States Government

       ``(a) Pilot Program.--The Secretary of Defense may carry 
     out a pilot program to determine the feasibility and 
     desirability of providing to non-United States Governmental 
     entities space surveillance data support described in 
     subsection (b).
       ``(b) Space Surveillance Data Support.--Under such a pilot 
     program, the Secretary may provide to a non-United States 
     Governmental entity, subject to an agreement described in 
     subsection (c), the following:
       ``(1) Satellite tracking services from assets owned or 
     controlled by the Department of Defense, but only if the 
     Secretary determines, in the case of any such agreement, that 
     providing such services to that entity is in the national 
     security interests of the United States.
       ``(2) Space surveillance data and the analysis of space 
     surveillance data, but only if the Secretary determines, in 
     the case of any such agreement, that providing such data and 
     analysis to that entity is in the national security interests 
     of the United States.
       ``(c) Required Agreement.--The Secretary may not provide 
     space surveillance data support to a non-United States 
     Governmental entity under the pilot program unless that 
     entity enters into an agreement with the Secretary under 
     which the entity--
       ``(1) agrees to pay an amount that may be charged by the 
     Secretary under subsection (f); and
       ``(2) agrees not to transfer any data or technical 
     information received under the agreement, including the 
     analysis of tracking data, to any other entity without the 
     Secretary's express approval.
       ``(d) Requirements With Respect to Foreign Transactions.--
     (1) The Secretary may enter into an agreement under 
     subsection (c) to provide space surveillance data support to 
     a foreign government or other foreign entity only with the 
     concurrence of the Secretary of State.
       ``(2) In the case of such an agreement that is entered into 
     with a foreign government or other foreign entity, the 
     Secretary of Defense may provide approval under subsection 
     (c)(2) for a transfer of data or technical information only 
     with the concurrence of the Secretary of State.
       ``(e) Prohibition Concerning Provision of Intelligence 
     Assets or Data.--Nothing in this section shall be considered 
     to authorize the provision of services or information 
     concerning, or derived from, United States intelligence 
     assets or data.
       ``(f) Charges.--As a condition of an agreement under 
     subsection (c), the Secretary of Defense may require the non-
     United States Governmental entity entering into the agreement 
     to pay to the Department of Defense--
       ``(1) such amounts as the Secretary determines to be 
     necessary to reimburse the Department of Defense for the 
     costs to the Department of providing space surveillance data 
     support under the agreement; and
       ``(2) any other amount or fee that the Secretary may 
     prescribe
       ``(g) Crediting of Funds Received.--Funds received pursuant 
     to an agreement under this section shall be credited to 
     accounts of the Department of Defense that are current when 
     the proceeds are received and that are available for the same 
     purposes as the accounts originally charged to perform the 
     services. Funds so credited shall merge with and become 
     available for obligation for the same period as the accounts 
     to which they are credited.
       ``(h) Procedures.--The Secretary shall establish procedures 
     for the conduct of the pilot program. As part of those 
     procedures, the Secretary may allow space surveillance data 
     and analytical support to be provided through a contractor of 
     the Department of Defense.
       ``(i) Duration of Pilot Program.--The pilot program under 
     this section shall be conducted during the three-year period 
     beginning on a date specified by the Secretary of Defense, 
     which date shall be not later than 180 days after the date of 
     the enactment of this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2272. Space surveillance network: pilot program for provision of 
              satellite tracking services and data to entities outside 
              Unites States Government.''.

     SEC. 904. CLARIFICATION OF RESPONSIBILITY OF MILITARY 
                   DEPARTMENTS TO SUPPORT COMBATANT COMMANDS.

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

     SEC. 905. BIENNIAL REVIEW OF NATIONAL MILITARY STRATEGY BY 
                   CHAIRMAN OF THE JOINT CHIEFS OF STAFF.

       (a) Biennial Review.--Section 153 of title 10, United 
     States Code, by adding at the end the following new 
     subsection:
       ``(d) Biennial Review of National Military Strategy.--(1) 
     Not later then February 15 of each even-numbered year, the 
     Chairman shall submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives a report containing the results of a 
     comprehensive examination of the national military strategy. 
     Each such examination shall be conducted by the Chairman in 
     conjunction with the other members of the Joint Chiefs of 
     Staff and the commanders of the unified and specified 
     commands.
       ``(2) Each report on the examination of the national 
     military strategy under paragraph (1) shall include the 
     following:
       ``(A) Delineation of a national military strategy 
     consistent with the most recent National Security Strategy 
     prescribed by the President pursuant to section 108 of the 
     National Security Act of 1947 (50 U.S.C. 404a) and the most 
     recent Quadrennial Defense Review prescribed by the Secretary 
     of Defense pursuant to section 118 of this title.
       ``(B) A description of the strategic environment and the 
     opportunities and challenges that affect United States 
     national interests and United States national security.
       ``(C) A description of the regional threats to United 
     States national interests and United States national 
     security.
       ``(D) A description of the international threats posed by 
     terrorism, weapons of mass destruction, and asymmetric 
     challenges to United States national security.
       ``(E) Identification of United States national military 
     objectives and the relationship of those objectives to the 
     strategic environment, regional, and international threats.
       ``(F) Identification of the strategy, underlying concepts, 
     and component elements that contribute to the achievement of 
     United States national military objectives.

[[Page 12517]]

       ``(G) Assessment of the capabilities and adequacy of United 
     States forces (including both active and reserve components) 
     to successfully execute the national military strategy.
       ``(H) Assessment of the capabilities, adequacy, and 
     interoperability of regional allies of the United States and 
     or other friendly nations to support United States forces in 
     combat operations and other operations for extended periods 
     of time.
       ``(I) Assessment of the resources, basing requirements, and 
     support structure needed to provide the capabilities 
     necessary to be assured United States forces can successfully 
     achieve national military objectives and to assess what 
     resources and support might be required to sustain allies or 
     friendly nation forces during combat operations.
       ``(3)(A) As part of the assessment under this subsection, 
     the Chairman, in conjunction with the other members of the 
     Joint Chiefs of Staff and the commanders of the unified and 
     specified commands, shall undertake an assessment of the 
     nature and magnitude of the strategic and military risks 
     associated with successfully executing the missions called 
     for under the current National Military Strategy.
       ``(B) In preparing the assessment of risk, the Chairman 
     should assume the existence of those threats described in 
     subparagraphs (C) and (D) of paragraph (2) and should assess 
     the risk associated with two regional threats occurring 
     nearly simultaneously.
       ``(C) In addition to the assumptions to be made under 
     subparagraph (B), the Chairman should make other assumptions 
     pertaining to the readiness of United States forces (in both 
     the active and reserve components), the length of conflict 
     and the level of intensity of combat operations, and the 
     levels of support from allies and other friendly nations.
       ``(4) Before submitting a report under this subsection to 
     the Committees on Armed Services of the Senate and House of 
     Representatives, the Chairman shall provide the report to the 
     Secretary of Defense. The Secretary's assessment and comments 
     thereon (if any) shall be included with the report. If the 
     Chairman's assessment in such report in any year is that the 
     risk associated with executing the missions called for under 
     the National Military Strategy is significant, the Secretary 
     shall include with the report as submitted to those 
     committees the Secretary's plan for mitigating the risk.''.
       (b) Conforming Amendment.--Subsection (b)(1) of such 
     section is amended by striking ``each year'' and inserting 
     ``of each odd-numbered year''.

     SEC. 906. AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER FOR 
                   SECURITY STUDIES OF GIFTS AND DONATIONS FROM 
                   NONFOREIGN SOURCES.

       (a) Authority.--Subsection (a) of section 2611 of title 10, 
     United States Code, is amended--
       (1) by striking ``Foreign'' in the subsection caption;
       (2) by striking ``foreign'' in paragraph (1) after 
     ``Center,''; and
       (3) by adding at the end of paragraph (1) the following 
     sentence: ``Such gifts and donations may be accepted from any 
     agency of the United States, any State or local government, 
     any foreign government, any foundation or other charitable 
     organization (including any that is organized or operates 
     under the laws of a foreign country), or any other private 
     source in the United States or a foreign country.''.
       (b) Conforming Amendments.--Such section is further amended
       (1) by striking ``foreign'' in subsection (c); and
       (2) in subsection (f)--
       (A) by striking ``Foreign'' in the subsection caption;
       (B) by striking ``foreign'' after ``section, a''; and
       (C) by striking ``from a foreign'' and all that follows 
     through ``country.'' and inserting a period.
       (c) Clerical Amendments.-- The heading of such section, and 
     the item relating to such section in the table of sections at 
     the beginning of chapter 155 of such title, are each amended 
     by striking the third word after the colon.

     SEC. 907. REPEAL OF ROTATING CHAIRMANSHIP OF ECONOMIC 
                   ADJUSTMENT COMMITTEE.

       Section 4004(b) of the Defense Economic Adjustment, 
     Diversification, Conversion, and Stabilization Act of 1990 
     (division D of Public Law 101-510; 10 U.S.C. 2391 note) is 
     amended--
       (1) by striking ``Until October 1, 1997, the'' and 
     inserting ``The''; and
       (2) by striking the second sentence.

     SEC. 908. PILOT PROGRAM FOR IMPROVED CIVILIAN PERSONNEL 
                   MANAGEMENT.

       (a) Pilot Program.--(1) The Secretary of Defense may carry 
     out a pilot program using an automated workforce management 
     system to demonstrate improved efficiency in the performance 
     of civilian personnel management.
       (2) Under the pilot program, the Secretary of Defense shall 
     provide the Secretary of each military department with the 
     authority for the following:
       (A) To use an automated workforce management system for its 
     civilian workforce to assess its potential to substantially 
     reduce hiring cycle times, lower labor costs, increase 
     efficiency, improve performance management, provide better 
     management reporting, and enable it to make operational new 
     personnel management flexibilities granted under the civilian 
     personnel transformation program.
       (B) Identify one regional civilian personnel center (or 
     equivalent) in each military department for participation in 
     the pilot program.
       (3) The Secretary may carry out the pilot program under 
     this subsection at each selected regional civilian personnel 
     center for a period of two years beginning not later than 
     March 1, 2004.
       (b) Pilot Program Characteristics.--The pilot program 
     civilian personnel management system shall have at a minimum 
     the following characteristics:
       (1) Currently in use by Federal government agencies outside 
     the Department of Defense.
       (2) Able to be purchased on an annual subscription basis.
       (3) Requires no capital investment, software license fees, 
     transaction charges, or ``per seat'' or ``concurrent user'' 
     restrictions.
       (4) Capable of automating the workforce management 
     functions of job definition, position management, 
     recruitment, staffing, and performance management using 
     integrated vendor-supplied and supported data, expert system 
     rules engines, and software functionality across those 
     functions.
       (5) Has a ``native web'' technical architecture and an 
     Oracle database.
       (6) Fully hosted by the vendor so that the customer 
     requires only Internet access and an Internet browser to use 
     the system.
       (8) Capable of operating completely ``server side'' so that 
     no software is required on the client system and no invasive 
     elements are used.
       (c) Implementation Plan.--(1) The Secretary shall submit to 
     the Committee on Armed Services of the Senate and the 
     Committee on Armed Services of the House of Representatives a 
     plan for the implementation of the pilot program. The plan 
     shall be submitted no later than six months after the date of 
     the enactment of this Act.
       (2) The plan shall include the following:
       (A) The Secretary's request to the Office of Personnel 
     Management to conduct the pilot program as a Federal civilian 
     personnel demonstration project under chapter 47 of title 5, 
     United States Code, or a plan to provide for the pilot 
     program through another plan.
       (B) The expected cost of the pilot program.
       (C) Identification of the regional civilian personnel 
     centers for participation in the pilot program and the 
     criteria used to select them.
       (D) Expected timing for providing to Congress the results 
     of the pilot program and recommendations of the Secretary.
       (d) Implementation.--The Secretary may not begin to 
     implement the pilot program until a period of 30 days has 
     elapsed after the date of the submission of the plan for the 
     pilot program under subsection (c).

     SEC. 909. EXTENSION OF CERTAIN AUTHORITIES APPLICABLE TO THE 
                   PENTAGON RESERVATION TO INCLUDE DESIGNATED 
                   PENTAGON CONTINUITY-OF-GOVERNMENT LOCATIONS.

       Section 2674 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g) For purposes of subsections (b), (c), (d), and (e), 
     the terms `Pentagon Reservation' and `National Capital 
     Region' shall be treated as including the land and physical 
     facilities at the Raven Rock Mountain Complex and such other 
     areas of land, locations, and physical facilities of the 
     Department of Defense within 100 miles of the District of 
     Columbia as the Secretary of Defense determines are necessary 
     to meet the needs of the Department of Defense directly 
     relating to continuity of operations and continuity of 
     government.''.

     SEC. 910. DEFENSE ACQUISITION WORKFORCE REDUCTIONS.

       (a) Revised Limitation.--Subchapter V of chapter 87 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 1765. Defense acquisition workforce: limitation

       ``(a) Limitation.--Effective October 1, 2008, the number of 
     defense acquisition and support personnel in the Department 
     of Defense may not exceed 75 percent of the baseline number.
       ``(b) Phased Reduction.--The number of defense acquisition 
     and support personnel in the Department of Defense--
       ``(1) as of October 1, 2004, may not exceed 95 percent of 
     the baseline number;
       ``(2) as of October 1, 2005, may not exceed 90 percent of 
     the baseline number;
       ``(3) as of October 1, 2006, may not exceed 85 percent of 
     the baseline number; and
       ``(4) as of October 1, 2007, may not exceed 80 percent of 
     the baseline number.
       ``(c) Baseline Number.--In this section, the term `baseline 
     number' means the number of defense acquisition and support 
     personnel in the Department of Defense as of October 1, 2003.
       ``(d) Defense Acquisition and Support Personnel Defined.--
     In this section, the term `defense acquisition and support 
     personnel' means military and civilian personnel (other than 
     civilian personnel who are employed at a maintenance depot) 
     who are assigned to, or employed in, acquisition 
     organizations of the Department of Defense (as specified in 
     Department of Defense Instruction numbered 5000.58 dated 
     January 14, 1992), and any other organizations which the 
     Secretary may determine to have a predominantly acquisition 
     mission.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``1765. Defense acquisition workforce: limitation.''.

     SEC. 911. REQUIRED FORCE STRUCTURE.

       (a) Army.--Section 3062 of title 10, United States Code, is 
     amended by adding at the end the following new subsection:

[[Page 12518]]

       ``(e) The Army shall be so organized as to include not less 
     than--
       ``(1) 10 active and eight National Guard combat divisions 
     or their equivalents;
       ``(2) one active armored cavalry regiment and one light 
     cavalry regiment or their equivalents;
       ``(3) 15 National Guard enhanced brigades or their 
     equivalents; and
       ``(4) such other active and reserve component land combat, 
     rotary-wing aviation, and other services as may be required 
     to support forces specified in paragraphs (1) through (3).''.
       (b) Navy.--Section 5062 of such title is amended by adding 
     at the end the following new subsection:
       ``(d) The Navy, within the Department of the Navy, shall be 
     so organized as to include--
       ``(1) not less than 305 vessels in active service;
       ``(2) not less than 12 aircraft carrier battle groups or 
     their equivalents, not less than 12 amphibious ready groups 
     or their equivalents, not less than 55 attack submarines, not 
     less than 108 active surface combatant vessels, and not less 
     than 8 reserve combatant vessels; and
       ``(3) such other active and reserve naval combat, naval 
     aviation, and service forces as may be required to support 
     forces specified in paragraphs (1) and (2).''.
       (c) Air Force.--Section 8062 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(g) Notwithstanding subsection (e), the Air Force shall 
     be so organized as to include not less than--
       ``(1) 46 active fighter squadrons or their equivalents;
       ``(2) 38 National Guard and Reserve squadrons or their 
     equivalents;
       ``(3) 96 combat-coded bomber aircraft in active service; 
     and
       ``(4) such other squadrons, reserve groups, and supporting 
     auxiliary and reserve units as may be required to support 
     forces specified in paragraphs (1) through (3).''.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

     SEC. 1001. TRANSFER AUTHORITY.

       (a) Authority To Transfer Authorizations.--(1) Upon 
     determination by the Secretary of Defense that such action is 
     necessary in the national interest, the Secretary may 
     transfer amounts of authorizations made available to the 
     Department of Defense in this division for fiscal year 2004 
     between any such authorizations for that fiscal year (or any 
     subdivisions thereof). Amounts of authorizations so 
     transferred shall be merged with and be available for the 
     same purposes as the authorization to which transferred.
       (2) The total amount of authorizations that the Secretary 
     may transfer under the authority of this section may not 
     exceed $2,500,000,000.
       (b) Limitations.--The authority provided by this section to 
     transfer authorizations--
       (1) may only be used to provide authority for items that 
     have a higher priority than the items from which authority is 
     transferred; and
       (2) may not be used to provide authority for an item that 
     has been denied authorization by Congress.
       (c) Effect on Authorization Amounts.--A transfer made from 
     one account to another under the authority of this section 
     shall be deemed to increase the amount authorized for the 
     account to which the amount is transferred by an amount equal 
     to the amount transferred.
       (d) Notice to Congress.--The Secretary shall promptly 
     notify Congress of each transfer made under subsection (a).

     SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR 
                   FISCAL YEAR 2003.

       (a) DOD Authorizations.--Amounts authorized to be 
     appropriated to the Department of Defense for fiscal year 
     2003 in the Bob Stump National Defense Authorization Act for 
     Fiscal Year 2003 (Public Law 107-314) are hereby adjusted, 
     with respect to any such authorized amount, by the amount by 
     which appropriations pursuant to such authorization are 
     increased (by a supplemental appropriation) or decreased (by 
     a rescission), or both, or are increased by a transfer of 
     funds, pursuant to the following:
       (1) Chapters 3 and 8 of title I of the Emergency Wartime 
     Supplemental Appropriations Act, 2003 (Public Law 108-11).
       (2) Any Act enacted after May 23, 2003, making supplemental 
     appropriations for fiscal year 2003 for the military 
     functions of the Department of Defense.
       (b) NNSA Authorizations.--Amounts authorized to be 
     appropriated to the Department of Energy for fiscal year 2003 
     in the Bob Stump National Defense Authorization Act for 
     Fiscal Year 2003 (Public Law 107-314) are hereby adjusted, 
     with respect to any such authorized amount, by the amount by 
     which appropriations pursuant to such authorization are 
     increased (by a supplemental appropriation) or decreased (by 
     a rescission), or both, or are increased by a transfer of 
     funds, pursuant to the following:
       (1) Chapter 4 of the Emergency Wartime Supplemental 
     Appropriations Act, 2003 (Public Law 108-11).
       (2) Any Act enacted after May 23, 2003, making supplemental 
     appropriations for fiscal year 2003 for the atomic energy 
     defense activities of the Department of Energy.

     SEC. 1003. AUTHORITY TO TRANSFER PROCUREMENT FUNDS FOR A 
                   MAJOR DEFENSE ACQUISITION PROGRAM FOR CONTINUED 
                   DEVELOPMENT WORK ON THAT PROGRAM.

       (a) Authority.--Section 2214 of title 10, United States 
     Code, is amended--
       (1) by redesignating subsections (b), (c), and (d) as 
     subsections (c), (d), and (e), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Transfer of Procurement Funds For Development 
     Activities for Major Defense Acquisition Systems.--(1) In the 
     case of a major defense acquisition program (as defined in 
     section 2430 of this title) for which funds are currently 
     available both for procurement and for research, development, 
     test, and evaluation, if the Secretary concerned determines 
     that funds are required for further research, development, 
     test, and evaluation activities for that program in excess of 
     the funds currently available for that purpose, the Secretary 
     may (subject to paragraph (2)) transfer funds available for 
     that program for procurement to funds available for that 
     program for research, development, test, and evaluation for 
     the purpose of continuing research, development, test, and 
     evaluation activities for that program.
       ``(2)(A) The total amount transferred under the authority 
     of paragraph (1) for any acquisition program may not exceed 
     $20,000,000.
       ``(B) The total amount transferred under the authority of 
     paragraph (1) from amounts made available for any fiscal year 
     may not exceed $250,000,000.
       ``(3) The authority provided by paragraph (1) is in 
     addition to any other transfer authority that may be provided 
     by law.
       ``(4) Upon a determination that all or part of the funds 
     transferred under paragraph (1) are not necessary for the 
     purpose for which the transfer was made, such amounts may be 
     transferred back to a Procurement appropriation for the 
     purpose of procurement of the acquisition program for which 
     funds were transferred.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall not apply with respect to funds appropriated for a 
     fiscal year before fiscal year 2004.

     SEC. 1004. RESTORATION OF AUTHORITY TO ENTER INTO 12-MONTH 
                   LEASES AT ANY TIME DURING THE FISCAL YEAR.

       Section 2410a(a) of title 10, United States Code, is 
     amended by inserting after ``severable services'' the 
     following: ``and the lease of real or personal property, 
     including the maintenance of such property when contracted 
     for as part of the lease agreement,''.

     SEC. 1005. AUTHORITY FOR RETENTION OF ADDITIONAL AMOUNTS 
                   REALIZED FROM ENERGY COST SAVINGS.

       (a) Increase in Amount of Energy Cost Savings Retained.--
     Section 2865(b)(1) of title 10, United States Code, is 
     amended by striking ``Two-thirds of the portion of the funds 
     appropriated to Department of Defense for a fiscal year that 
     is'' and inserting ``Funds appropriated to the Department of 
     Defense for a fiscal year that are''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall not apply to funds appropriated for a fiscal year 
     before fiscal year 2004.

     SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE 
                   FOR THE DEPARTMENT OF DEFENSE.

       Section 1405 of the Department of Defense Authorization 
     Act, 1986 (Public Law 99-145; 31 U.S.C. 1105 note), is 
     repealed.

     SEC. 1007. AUTHORITY TO PROVIDE REIMBURSEMENT FOR USE OF 
                   PERSONAL CELLULAR TELEPHONES WHEN USED FOR 
                   OFFICIAL GOVERNMENT BUSINESS.

       (a) In General.--(1) Chapter 134 of title 10, United States 
     Code, is amended by inserting after section 2257 the 
     following new section:

     ``Sec. 2258. Personal cellular telephones: reimbursement when 
       used for Government business

       ``(a) General Authority.--The Secretary of Defense may 
     reimburse members of the Army, Navy, Air Force, and Marine 
     Corp, and civilian officers and employees of the Department 
     of Defense, for cellular telephone use on a privately owned 
     cellular telephone when used on official Government business. 
     Such reimbursement shall be on a flat-rate basis.
       ``(b) Reimbursement Rate.--The Secretary of Defense may 
     prescribe the reimbursement rate for purposes of subsection 
     (a). That reimbursement rate may not exceed the equivalent 
     Government costs of providing a cellular telephone to 
     employees on official Government business.''.
       (2) The table of sections at the beginning of subchapter II 
     of such chapter is amended by inserting after the item 
     relating to section 2257 the following new item:

``2258. Personal cellular telephones: reimbursement when used for 
              Government business.''.

       (b) Effective Date.--Section 2258 of title 10, United 
     States Code, as added by subsection (a), shall take effect on 
     October 1, 2003, and shall apply with respect to the use of 
     cellular phones on or after that date.

                Subtitle B--Naval Vessels and Shipyards

     SEC. 1011. REPEAL OF REQUIREMENT REGARDING PRESERVATION OF 
                   SURGE CAPABILITY FOR NAVAL SURFACE COMBATANTS.

       (a) Repeal.--Section 7296 of title 10, United States Code, 
     is amended by striking subsection (b).
       (b) Clerical Amendments.--Such section is further amended--
       (1) by striking ``(3) Any notification under paragraph 
     (1)(A)'' and inserting ``(b) Content of Notification.--Any 
     notification under subsection (a)(1)(A)'';
       (2) by redesignating subparagraphs (A), (B), and (C) of 
     subsection (b) (as redesignated by paragraph (1)) as 
     paragraphs (1), (2), and (3), respectively; and

[[Page 12519]]

       (3) by striking ``subparagraph (B)'' in subsection (b)(3) 
     (as redesignated by paragraphs (1) and (2)) and inserting 
     ``paragraph (2)''.

     SEC. 1012. ENHANCEMENT OF AUTHORITY RELATING TO USE FOR 
                   EXPERIMENTAL PURPOSES OF VESSELS STRICKEN FROM 
                   NAVAL VESSEL REGISTER.

       (a) Sale of Material and Equipment Stripped From Vessel.--
     Subsection (b)(1) of section 7306a of title 10, United States 
     Code, is amended by adding at the end the following new 
     sentence: ``Material and equipment stripped from the vessel 
     may be sold by a contractor or a designated sales agent on 
     behalf of the Navy.''.
       (b) Use of Proceeds.--(1) Subsection (b)(2) of such section 
     is amended by striking ``scrapping services'' and all that 
     follows through and inserting ``services needed for such 
     stripping and for environmental remediation required for the 
     use of the vessel for experimental purposes. Amounts received 
     in excess of amounts needed for reimbursement of those costs 
     shall be deposited into the account from which the stripping 
     and environmental remediation expenses were incurred and 
     shall be available for stripping and environmental 
     remediation of other vessels to be used for experimental 
     purposes.''.
       (2) The amendment made by paragraph (1) shall not apply 
     with respect to proceeds from the stripping of a vessel under 
     any vessel stripping contract entered into before the date of 
     the enactment of this Act.
       (c) Clarification of Covered Experimental Purposes.--Such 
     section is further amended by adding at the end the following 
     new subsection:
       ``(c) Use for Experimental Purposes Defined.--In this 
     section, the term `use for experimental purposes' includes 
     use of a vessel in a Navy sink exercise or for target 
     purposes.''.

     SEC. 1013. AUTHORIZATION FOR TRANSFER OF VESSELS STRICKEN 
                   FROM NAVAL VESSEL REGISTER FOR USE AS 
                   ARTIFICIAL REEFS.

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

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

       ``(a) Authority To Make Transfer.--The Secretary of the 
     Navy may transfer, by gift or otherwise, any vessel stricken 
     from the Naval Vessel Register to any State, Commonwealth, or 
     possession of the United States or any municipal corporation 
     or political subdivision thereof for use as an artificial 
     reef as provided in subsection (b).
       ``(b) Vessel To Be Used as Artificial Reef.--An agreement 
     for the transfer of a vessel under subsection (a) shall 
     require that--
       ``(1) the transferee use, site, construct, monitor, and 
     manage the vessel only as an artificial reef in accordance 
     with the requirements of the National Fishing Enhancement Act 
     of 1984 (33 U.S.C. 2101 et seq.), except that the transferee 
     also may use the artificial reef to enhance diving 
     opportunities if that use does not have an adverse effect on 
     fishery resources; and
       ``(2) the transferee shall obtain, and bear all of the 
     responsibility for complying with, all applicable Federal, 
     State, interstate, and local permits for siting, 
     constructing, monitoring, and managing a vessel as an 
     artificial reef.
       ``(c) Additional Terms.--The Secretary may require such 
     additional terms in connection with a conveyance authorized 
     by this section as the Secretary considers appropriate.
       ``(d) Cost Sharing on Transfers.--The Secretary of the Navy 
     may share with the recipient any of the costs associated with 
     transferring a vessel under this section.
       ``(e) Application for More Than One Vessel.--A State, 
     Commonwealth, or possession of the United States, or any 
     municipal corporation or political subdivision thereof, may 
     apply for more than one vessel under this section.
       ``(f) Definition.--In this section, the term `fishery 
     resources' has the meaning given such term in section 3(14) 
     of the Magnuson-Stevens Fishery Conservation and Management 
     Act of 1976 (16 U.S.C. 1802(14)).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 7306a the following new item:

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

     SEC. 1014. PILOT PROGRAM FOR SEALIFT SHIP CONSTRUCTION.

       (a) Establishment of Pilot Program.--The Secretary of the 
     Navy may establish a pilot program, under which the Secretary 
     of the Navy, subject to the availability of appropriations, 
     may guarantee loans for--
       (1) the construction in a United States shipyard of two 
     qualified sealift ships that are to be documented under the 
     laws of the United States for use in United States-flag 
     commercial service; and
       (2) the acquisition of facilities or equipment pertaining 
     to the marine operations of those ships, which may include 
     specialized loading equipment.
       (b) Conditions of Guarantee.--A guarantee under this 
     section is subject to the following conditions:
       (1) MSP.--The owner of the ships for which guarantees are 
     issued shall apply for an operating agreement with the 
     Secretary of Transportation under subtitle B of this title.
       (2) NDF; charter.--If the Secretary of the Navy requests, 
     the owner of the ships shall engage in negotiations on 
     reasonable terms and conditions for--
       (A) installation and maintenance of defense features for 
     national defense purposes on one or both ships under section 
     2218 of title 10, United States Code; and
       (B) a short-term charter to the United States Government of 
     at least one ship for which a guarantee is issued, for a 
     period of at least 60 days prior to entry into commercial 
     service, for the purpose of demonstrating the military 
     capabilities of the ships.
       (c) Payment of Cost.--The cost of a guarantee under this 
     section shall be paid for with amounts made available in 
     appropriations Acts.
       (d) Percentage Limitation; Term.--A guarantee under this 
     section may apply--
       (1) to up to 87.5 percent of the loan principal; and
       (2) for a term ending up to 25 years after delivery of the 
     second ship.
       (e) Authorities, Procedures, Requirements, and 
     Restrictions.--The Secretary of the Navy, subject to the 
     other provisions of this section--
       (1) in implementing this section, may exercise authorities 
     that are substantially the same as the authorities available 
     to the Secretary of Transportation under title XI of the 
     Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.) with 
     respect to loan guarantees under that title;
       (2) shall implement this section under procedures, 
     requirements, and restrictions that are substantially the 
     same as those under which loan guarantees are made under that 
     title, including the regulations implementing that title; and
       (3) may establish such additional requirements for loan 
     guarantees under this section as the Secretary determines to 
     be necessary to minimize the cost of such guarantees.
       (f) Interagency Agreement.--The Secretary of Transportation 
     shall enter into an interagency agreement or other 
     appropriate arrangement with the Secretary of the Navy to 
     make available to the Department of the Navy such Maritime 
     Administration personnel with expertise in vessel 
     construction financing as are necessary to carry out the 
     program under this section.
       (g) Definitions.--In this section:
       (1) Cost.--The term ``cost'', with respect to a loan 
     guarantee under this section, has the meaning given that term 
     in section 502 of the Congressional Budget and Impoundment 
     Control Act of 1974 (2 U.S.C. 661a).
       (2) Qualified sealift ship.--The term ``qualified sealift 
     ship'' means a roll-on, roll-off vessel that is--
       (A) militarily useful for additional medium- to long-haul 
     strategic sealift capacity;
       (B) designed to carry at least 10,000 tons of cargo; and
       (C) capable of operating commercially in the foreign 
     commerce of the United States.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of the Navy to carry out 
     this section $40,000,000.

                          Subtitle C--Reports

     SEC. 1021. REPEAL AND MODIFICATION OF VARIOUS REPORTING 
                   REQUIREMENTS APPLICABLE TO THE DEPARTMENT OF 
                   DEFENSE.

       (a) Title 10, United States Code.--Title 10, United States 
     Code, is amended as follows:
       (1) Section 113 is amended by striking subsection (m).
       (2) Section 117(e) is amended by striking ``each month'' 
     and all that follows through ``subsection (d)'' and inserting 
     ``each quarter submit to the congressional defense committees 
     a report in writing containing the results of the most recent 
     joint readiness review under subsection (d)(1)(A)''.
       (3) Section 127(d) is amended to read as follows:
       ``(d) Annual Report.--Not later than December 1 each year, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on expenditures during the 
     preceding fiscal year under subsections (a) and (b).''.
       (4) Section 127a is amended--
       (A) in subsection (a)--
       (i) by striking paragraph (3); and
       (ii) by redesignating paragraph (4) as paragraph (3); and
       (B) by striking subsection (d).
       (5) Section 128 is amended by striking subsection (d).
       (6) Section 129 is amended by striking subsection (f).
       (7) Section 184 is amended by striking subsection (b).
       (8) Section 226(a) is amended--
       (A) by striking ``December 15'' and inserting ``January 
     15''; and
       (B) by striking ``in the following year'' in paragraph (1) 
     and inserting ``in that year''.
       (9)(A) Section 228 is amended--
       (i) in subsection (a)--
       (I) by striking ``Monthly'' in the subsection heading and 
     inserting ``Quarterly'';
       (II) by striking ``monthly'' and inserting ``quarterly''; 
     and
       (III) by striking ``month'' and inserting ``fiscal-year 
     quarter''; and
       (ii) in subsection (c), by striking ``month'' each place it 
     appears and inserting ``quarter''.
       (B)(i) The heading of such section is amended to read as 
     follows:

     ``Sec. 228. Quarterly reports on allocation of funds within 
       operation and maintenance budget subactivities''.

       (ii) The item relating to section 228 in the table of 
     sections at the beginning of chapter 9 is amended to read as 
     follows:

``228. Quarterly reports on allocation of funds within operation and 
              maintenance budget subactivities.''.


[[Page 12520]]


       (10) Section 401 is amended by striking subsection (d).
       (11) Section 437 is amended--
       (A) by striking the second sentence of subsection (b); and
       (B) by striking subsection (c).
       (12)(A) Section 484 is repealed.
       (B) The table of sections at the beginning of such chapter 
     is amended by striking the item relating to section 484.
       (13)(A) Section 520c is amended--
       (i) by striking subsection (b);
       (ii) by striking ``(a) Provision of Meals and 
     Refreshments.''; and
       (iii) by striking the heading for such section and 
     inserting the following:

     ``Sec. 520c. Recruiting functions: provision of meals and 
       refreshments''.

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

``520c. Recruiting functions: provision of meals and refreshments.''.

       (14) Section 983(e)(1) is amended by striking ``and to 
     Congress''.
       (15) Section 1060 is amended by striking subsection (d).
       (16) Section 1130 is amended--
       (A) in subsection (a), by striking ``the other 
     determinations necessary to comply with subsection (b)'' and 
     inserting ``respond with a detailed description of the 
     rationale supporting the determination''; and
       (B) by striking subsection (b).
       (17) Section 1557 is amended by striking subsection (e).
       (18) Section 1563 is amended--
       (A) in subsection (a), by striking ``the other 
     determinations necessary to comply with subsection (b)'' and 
     inserting ``respond with a detailed description of the 
     rationale supporting the determination''; and
       (B) by striking subsection (b).
       (19) Section 2010 is amended by striking subsection (b).
       (20) Section 2166 is amended--
       (A) in subsection (e)(5), by inserting ``and to Congress'' 
     after ``to the Secretary of Defense''; and
       (B) by striking subsection (i).
       (21) Section 2208(j)(2) is amended by striking ``and 
     notifies Congress regarding the reasons for the waiver''.
       (22) Section 2216(a) is amended--
       (A) by striking ``Quarterly Reports.--(1) Not later than 15 
     days after the end of each calendar quarter'' and inserting 
     ``Annual Report.--Not later than 60 days after the end of 
     each fiscal year''; and
       (B) by striking ``quarter'' in subparagraphs (A), (B), and 
     (C) of paragraph (1) and inserting ``fiscal year''.
       (23) Section 2224(e) is amended by inserting ``through 
     2007'' after ``Each year''.
       (24) Section 2255(b)--
       (A) by striking paragraph (2); and
       (B) by striking ``(1)'' after ``(b) Exception.--''.
       (25) Section 2281 is amended by striking subsection (d).
       (26)(A) Section 2282 is repealed.
       (B) The table of sections at the beginning of chapter 136 
     is amended by striking the item relating to section 2282.
       (27) Section 2323 is amended--
       (A) in subsection (d)--
       (i) by striking ``Defense--'' and all that follows through 
     ``the extent'' and inserting ``Defense to the extent'';
       (ii) by striking ``; and'' and inserting a period; and
       (iii) by striking paragraph (2); and
       (B) by striking subsection (i).
       (28) Section 2327(c)(1) is amended--
       (A) in subparagraph (A), by striking ``after the date on 
     which such head of an agency submits to Congress a report on 
     the contract'' and inserting ``if in the best interests of 
     the Government'';
       (B) in subparagraph (B), by striking ``A report under 
     subparagraph (A)'' and inserting ``The Secretary shall 
     maintain records of each contract entered into by reason of 
     subparagraph (A). Such records''; and
       (C) by striking subparagraph (C).
       (29) Section 2350a is amended--
       (A) by striking subsection (f); and
       (B) in subsection (g), by striking paragraph (3).
       (30) Section 2350j is amended by striking subsections (e) 
     and (g).
       (31) Section 2367 is amended by striking subsection (d).
       (32) Section 2371 is amended by striking subsection (h).
       (33) Section 2374a is amended by striking subsection (e).
       (34) Section 2410i(c) is amended by striking the last 
     sentence.
       (35) Section 2410m(c) is amended--
       (A) by striking ``Reporting Requirement.--Each year'' and 
     inserting ``Annual Report.--Not later than 60 days after the 
     end of each fiscal year'';
       (B) by inserting ``at the end of such fiscal year'' in 
     paragraph (1) before the period;
       (C) by striking ``during the year preceding the year in 
     which the report is submitted'' in paragraph (2) and 
     inserting ``under this section during that fiscal year'';
       (D) by striking ``in such preceding year'' in paragraph (3) 
     and inserting ``under this section during that fiscal year''; 
     and
       (E) by striking ``in such preceding year'' in paragraph (4) 
     and inserting ``under this section during that fiscal year''.
       (36) Section 2433 is amended--
       (A) in subsection (d)--
       (i) in paragraphs (1) and (2), by striking ``, or by at 
     least 25 percent,''; and
       (ii) in paragraph (3)--

       (I) by striking ``or by at least 25 percent,'' both places 
     it appears; and
       (II) by inserting a comma after ``paragraph (1)''; and

       (B) in subsection (e)--
       (i) by striking paragraph (2);
       (ii) by redesignating paragraph (3) as paragraph (2);
       (iii) in paragraph (2), as so redesignated, by striking 
     ``or if a'' in the first sentence and all that follows 
     through ``paragraph (2),''; and
       (iv) by designating the second sentence of such paragraph 
     as paragraph (3) and in that paragraph--

       (I) by inserting ``under paragraph (2)'' after ``The 
     prohibition''; and
       (II) by striking ``the date--'' and all that follows 
     through ``subsection (d).'' and inserting ``the date on which 
     Congress receives the Selected Acquisition Report under 
     paragraph (1) with respect to that program.''.

       (37) Section 2457 is amended by striking subsection (d).
       (38) Section 2493 is amended by striking subsection (g).
       (39) Section 2515 is amended by striking subsection (d).
       (40) Section 2521 is amended by striking subsection (e).
       (41) Section 2536 is amended--
       (A) in subsection (b)(2)--
       (i) by striking ``notify Congress'' in the first sentence 
     and inserting ``maintain a record''; and
       (ii) by striking the second sentence and inserting the 
     following: ``The records maintained under the preceding 
     sentence with respect to a waiver shall include a 
     justification in suport of the decision to grant the waiver 
     and shall be retrievable for any particular waiver or for 
     waivers during any period of time.''; and
       (B) by adding at the end the following new subsection:
       ``(d) The Secretary of Defense shall maintain an account of 
     actions relating to the award of contracts to a prime 
     contractor. The Secretary of Defense shall include in such 
     accounts the reasons for exercising the awards and the work 
     expected to be performed.''.
       (42) Section 2541d is amended--
       (A) by striking subsection (b); and
       (B) in subsection (a), by striking ``(a)'' and all that 
     follows through ``The Secretary of Defense'' and inserting 
     ``The Secretary of Defense''.
       (43) Section 2561 is amended by striking subsections (c), 
     (d) and (f).
       (44) Section 2563(c)(2) is amended by striking ``and 
     notifies Congress regarding the reasons for the waiver''.
       (45) Section 2645 is amended by striking subsections (d) 
     and (g).
       (46) Section 2667a(c)(2) is amended by striking ``45 days'' 
     and inserting ``14 days''.
       (47) Section 2676(d) is amended by striking ``21 days'' and 
     inserting ``14 days''.
       (48) Section 2680 is amended by striking subsection (e).
       (49) Section 2696 is amended by striking subsections (c) 
     and (d).
       (50) Section 2703(c)(2) is amended--
       (A) by striking subparagraph (B);
       (B) by striking ``unless the Secretary--'' and all that 
     follows through ``determines that'' and inserting ``unless 
     the Secretary determines that''; and
       (C) by redesignating clauses (i), (ii), and (iii) as 
     subparagraphs (A), (B), and (C), respectively, and realigning 
     such subparagraphs (as so redesignated) two ems from the left 
     margin.
       (51)(A) Section 2723 is repealed.
       (B) The table of sections at the beginning of chapter 161 
     is amended by striking the item relating to section 2723.
       (52) Section 2803(b) is amended by striking ``21-day 
     period'' and inserting ``seven-day period''.
       (53) Section 2804(b) is amended by striking ``21-day 
     period'' and inserting ``14-day period''.
       (54) Section 2805(b) is amended--
       (A) in paragraph (1), by striking ``$750,000'' and 
     inserting ``$1,000,000''; and
       (B) in paragraph (2), by striking ``by striking ``21-day 
     period'' and inserting ``seven-day period'''.
       (55) Section 2807 is amended--
       (A) in subsection (b)--
       (i) by striking ``$500,000'' and inserting ``$1,000,000''; 
     and
       (ii) by striking ``not less than 21 days''; and
       (B) in subsection (c)(2), by striking ``21 days'' and 
     inserting ``14 days''.
       (56) Section 2809(f)(2) is amended by striking ``21 
     calendar days'' and inserting ``14 days''.
       (57) Section 2812(c)(1)(B) is amended by striking ``21 
     days'' and inserting ``14 days''.
       (58) Section 2813(c) is amended by striking ``30-day 
     period'' and inserting ``21-day period''.
       (59) Section 2825 is amended--
       (A) by striking ``21 days'' in the last sentence of 
     subsection (b)(1)(B) and inserting ``14 days''; and
       (B) by striking ``21 days'' in subsection (c)(1)(D) and 
     inserting ``14 days''.
       (60) Section 2826 is amended--
       (A) by striking ``(a) Local Comparabil-
     ity.--''; and
       (B) by striking subsection (b).
       (61) Section 2827(b)(2) is amended by striking ``21 days'' 
     and inserting ``14 days''.

[[Page 12521]]

       (62) Section 2836(f)(2) is amended by striking ``21 
     calendar days'' and inserting ``14 days''.
       (63) Section 2837(c)(2) is amended by striking ``21-day 
     period'' and inserting ``14-day period''.
       (64) Section 2854(b) is amended by striking ``21-day 
     period'' and inserting ``seven-day period''.
       (65) Section 2854a(c)(2) is amended by striking ``21 
     calendar days'' and inserting ``14 days''.
       (66) Section 2865 is amended--
       (A) in subsection (e)--
       (i) by striking ``(1)'' before ``The Secretary''; and
       (ii) by striking paragraph (2); and
       (B) by striking subsection (f).
       (67) Section 2866(c) is amended--
       (A) by striking ``(1)'' before ``The Secretary''; and
       (B) by striking paragraph (2).
       (68) Section 2867(c) is amended by striking ``21-day 
     period'' and inserting ``14-day period''.
       (69) Section 2875(e) is amended by striking ``30-day 
     period'' and inserting ``14-day period''.
       (70) Section 2883(f) is amended by striking ``30-day 
     period'' and inserting ``14-day period''.
       (71) Section 2902(g) is amended--
       (A) by striking paragraph (2); and
       (B) by striking ``(1)'' after ``(g)''.
       (72) Section 4342(h) is amended by striking ``Secretary of 
     the Army'' and inserting ``Superintendent''.
       (73) Section 4357(c) is amended is amended by striking 
     ``the expiration of 30 days following''.
       (74) Section 6954(f) is amended by striking ``Secretary of 
     the Navy'' and inserting ``Superintendent of the Naval 
     Academy''.
       (75) Section 6975(c) is amended is amended by striking 
     ``the expiration of 30 days following''.
       (76) Section 7049(c) is amended--
       (A) by striking ``Certification'' in the subsection heading 
     and inserting ``Determination''; and
       (B) by striking ``, and certifies to'' and all that follows 
     through ``House of Representatives,''.
       (77) Section 9342(h) is amended by striking ``Secretary of 
     the Air Force'' and inserting ``Superintendent''.
       (78) Section 9356(c) is amended is amended by striking 
     ``the expiration of 30 days following''.
       (79) Section 12302--
       (A) in subsection (b), by striking the last sentence; and
       (B) by striking subsection (d).
       (80)(A) Section 16137 is repealed.
       (B) The table of sections at the beginning of chapter 1606 
     is amended by striking the item relating to section 16137.
       (b) Foreign Assistance Act of 1961.--Section 656 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2416) is repealed.
       (c) National Defense Authorization Act for Fiscal Year 
     1991.--Part B of title XXIX of the National Defense 
     Authorization Act for Fiscal Year 1991 (Public Law 101-510; 
     10 U.S.C. 2687 note) is amended as follows:
       (1) Section 2921 is amended--
       (A) in subsection (f)(1), by striking ``30 days'' and 
     inserting ``14 days''; and
       (B) in subsection (g), by striking ``30 days'' in 
     paragraphs (1) and (2) and inserting ``14 days''.
       (2) Section 2926 is amended by striking subsection (g).
       (d) National Defense Authorization Act for Fiscal Years 
     1992 and 1993.--The National Defense Authorization Act for 
     Fiscal Years 1992 and 1993 (Public Law 102-190) is amended as 
     follows:
       (1) Section 734 (10 U.S.C. 1074 note) is amended by 
     striking subsection (c).
       (2) Section 2868 (10 U.S.C. 2802 note) is amended by 
     striking ``The Secretary of Defense'' and all that follows 
     through ``is to be authorized'' and inserting ``Not later 
     than 30 days after the date on which a decision is made 
     selecting the site or sites for the permanent basing of a new 
     weapon system, the Secretary of Defense shall submit to 
     Congress''.
       (e) National Defense Authorization Act for Fiscal Year 
     1993.--The National Defense Authorization Act for Fiscal Year 
     1993 (Public Law 102-484) is amended as follows:
       (1) Section 324 (10 U.S.C. 2701 note) is amended--
       (A) by striking ``(a) Sense of Congress.--''; and
       (B) by striking subsection (b).
       (2) Section 1082(b)(1) (10 U.S.C. 113 note) is amended by 
     striking ``the Secretary of Defense--'' and all that follows 
     and inserting ``the Secretary of Defense determines that it 
     is in the national security interests of the United States 
     for the military departments to do so.''.
       (f) National Defense Authorization Act for Fiscal Year 
     1995.--Section 721 of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1074 
     note) is amended by striking subsection (h).
       (g) National Defense Authorization Act for Fiscal Year 
     1997.--The National Defense Authorization Act for Fiscal Year 
     1997 (Public Law 104-201) is amended as follows:
       (1) Section 324 (10 U.S.C. 2706 note) is amended by 
     striking subsection (c).
       (2) Section 1065(b) (10 U.S.C. 113 note) is amended--
       (1) by striking ``(1)'' before ``Notwithstanding''; and
       (2) by striking paragraph (2).
       (h) Department of Defense Appropriations Act, 1997.--
     Section 8009 of the Department of Defense Appropriations Act, 
     1997 (as contained in section 101(b) of Public Law 104-208; 
     110 Stat. 3009-89), is amended by striking ``, unless the 
     congressional defense committees have been notified at least 
     thirty days in advance of the proposed contract award''.
       (i) National Defense Authorization Act for Fiscal Year 
     1998.-- Section 349 of the National Defense Authorization Act 
     for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 2702 note) 
     is amended by striking subsection (e).
       (j) Strom Thurmond National Defense Authorization Act for 
     Fiscal Year 1999.--The Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261) 
     is amended as follows:
       (1) Section 745(e) (10 U.S.C. 1071 note) is amended--
       (A) by striking ``(1)'' before ``The Secretary of 
     Defense''; and
       (B) by striking paragraph (2).
       (2) Section 1223 (22 U.S.C. 1928 note) is repealed.
       (k) National Defense Authorization Act for Fiscal Year 
     2000.--The National Defense Authorization Act for Fiscal Year 
     2000 (Public Law 106-65) is amended as follows:
       (1) Section 212 (10 U.S.C. 2501 note) is amended by 
     striking subsection (c).
       (2) Section 724 (10 U.S.C. 1092 note) is amended by 
     striking subsection (e).
       (4) Section 1039 (10 U.S.C. 113 note) is amended by 
     striking subsection (b).
       (l) Military Construction Appropriations Act, 2001.--
     Section 125 of the Military Construction Appropriations Act, 
     2001 (division A of Public Law 106-246; 114 Stat. 517), is 
     repealed.
       (m) Department of Defense Appropriations Act, 2001.--
     Section 8019 of the Department of Defense Appropriations Act, 
     2001 (Public Law 106-259; 114 Stat. 678; 10 U.S.C. 2687 
     note), is amended by striking ``of Congress:'' and all that 
     follows through ``this provision'' and inserting ``of 
     Congress''.
       (n) Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001.--Section 1006 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1654A-247; 
     10 U.S.C. 2226 note), is amended by striking subsection (c).
       (o) Department of Defense Appropriations Act, 2002.--
     Section 8009 of the Department of Defense Appropriations Act, 
     2002 (division A of Public Law 107-117; 115 Stat. 2249; 10 
     U.S.C. 401 note), is amended by striking ``, and these 
     obligations shall be reported to the Congress''.

     SEC. 1022. REPORT ON OPERATION IRAQI FREEDOM.

       (a) Report Required.--Not later than June 15, 2004, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report on Operation Iraqi 
     Freedom. The Secretary shall submit to those committees a 
     preliminary report on the conduct of those hostilities not 
     later than January 15, 2004.
       (b) Discussion of Accomplishments and Shortcomings.--The 
     report (and the preliminary report, to the extent feasible) 
     shall contain a discussion, with a particular emphasis on 
     accomplishments and shortcomings, of the following matters:
       (1) The military objectives of the multinational coalition.
       (2) The military strategy of the multinational coalition to 
     achieve those military objectives and how the military 
     strategy contributed to the achievement of those objectives.
       (3) The deployment of United States forces and the 
     transportation of supplies to the theater of operations, 
     including an assessment of airlift, sealift, afloat 
     prepositioning ships, and Maritime Prepositioning Squadron 
     ships.
       (4) The conduct of military operations.
       (5) The use of special operations forces, including 
     operational and intelligence uses classified under special 
     access procedures.
       (6) The use and performance of United States military 
     equipment, weapon systems, and munitions (including items 
     classified under special access procedures) and an analysis 
     of--
       (A) any equipment or capabilities that were in research and 
     development and if available could have been used in the 
     theater of operations; and
       (B) any equipment or capabilities that were available and 
     could have been used but were not introduced into the theater 
     of operations.
       (7) The scope of logistics support, including support from 
     other nations.
       (8) The acquisition policies and processes used to support 
     the forces in the theater of operations.
       (9) The personnel management actions taken to support the 
     forces in the theater of operations.
       (10) The effectiveness of reserve component forces, 
     including a discussion of each of the following matters:
       (A) The readiness and activation of such forces.
       (B) The decisionmaking process regarding both activation of 
     reserve component forces and deployment of those forces to 
     the theater of operations.
       (C) The post-activation training received by such forces.
       (D) The integration of forces and equipment of reserve 
     component forces into the active component forces.
       (E) The use and performance of the reserve component forces 
     in operations in the theater of operations.
       (F) The use and performance of such forces at duty stations 
     outside the theater of operations.
       (11) The role of the law of armed conflict in the planning 
     and execution of military operations by United States forces 
     and the other coalition forces and the effects on operations 
     of Iraqi compliance or noncompliance with the law

[[Page 12522]]

     of armed conflict, including a discussion regarding each of 
     the following matters:
       (A) Use of Iraqi civilians as human shields.
       (B) Collateral damage and civilian casualties.
       (C) Treatment of prisoners of war.
       (D) Repatriation of prisoners of war.
       (E) Use of ruses and acts of perfidy.
       (F) War crimes.
       (G) Environmental terrorism.
       (H) Conduct of neutral nations.
       (12) The actions taken by the coalition forces in 
     anticipation of, and in response to, Iraqi acts of 
     environmental terrorism.
       (13) The actions taken by the coalition forces in 
     anticipation of possible Iraqi use of weapons of mass 
     destruction.
       (14) Evidence of Iraqi weapons of mass destruction programs 
     and Iraqi preparations for the use of such weapons.
       (15) The contributions of United States and coalition 
     intelligence and counterintelligence systems and personnel, 
     including contributions regarding bomb damage assessments and 
     particularly including United States tactical intelligence 
     and related activities (TIARA) programs and the Joint 
     Military Intelligence Program (JMIP).
       (16) Command, control, communications, and operational 
     security of the coalition forces as a whole, and command, 
     control, communications, and operational security of the 
     United States forces.
       (17) The rules of engagement for the coalition forces.
       (18) The actions taken to reduce the casualties among 
     coalition forces caused by the fire of such forces.
       (19) The role of supporting combatant commands and Defense 
     Agencies of the Department of Defense.
       (20) The policies and procedures relating to the media, 
     including the use of embedded media.
       (21) The assignment of roles and missions to the United 
     States forces and other coalition forces and the performance 
     of those forces in carrying out their assigned roles and 
     missions.
       (22) The preparedness, including doctrine and training, of 
     the United States forces.
       (23) The acquisition of foreign military technology from 
     Iraq, and any compromise of military technology of the United 
     States or other countries in the multinational coalition.
       (24) The problems posed by Iraqi possession and use of 
     equipment produced in the United States and other coalition 
     nations.
       (25) The use of deception by Iraqi forces and by coalition 
     forces.
       (26) The military criteria used to determine when to 
     progress from one phase of military operations to another 
     phase of military operations.
       (27) The role, if any, of the Status of Resources and 
     Training System (SORTS) in determining which units would be 
     employed during the operation.
       (28) The role of the Coast Guard.
       (29) The direct and indirect cost of military operations, 
     including an assessment of the total incremental expenditures 
     made by the Department of Defense as a result of Operation 
     Iraqi Freedom.
       (c) Casualty Statistics.--The report (and the preliminary 
     report, to the extent feasible) shall also contain--
       (1) the number of military and civilian casualties 
     sustained by coalition nations; and
       (2) estimates of such casualties sustained by Iraq and by 
     nations not directly participating in hostilities during 
     Operation Iraqi Freedom.
       (d) Classification of Reports.--The Secretary of Defense 
     shall submit both the report and the preliminary report in a 
     classified form and an unclassified form.

     SEC. 1023. REPORT ON DEPARTMENT OF DEFENSE POST-CONFLICT 
                   ACTIVITIES IN IRAQ.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report on the activities of the 
     Department of Defense in post-conflict Iraq.
       (b) Report Elements.--The report shall discuss the range of 
     infrastructure reconstruction, civil administration, 
     humanitarian assistance, interim governance, and political 
     development activities undertaken in Iraq by officials of the 
     Department and by those civilians reporting to the Secretary 
     of Defense and the missions undertaken in Iraq by United 
     States military forces during the post-conflict period. In 
     particular, the report shall include a discussion of the 
     following:
       (1) The evolution of the organizational structure of the 
     civilian groups reporting to the Secretary, including the 
     Office of Reconstruction and Humanitarian Assistance, on 
     issues of Iraqi post-conflict administration and 
     reconstruction and the factors influencing that evolution.
       (2) The relationship of the Department of Defense with 
     other United States departments and agencies involved in 
     post-conflict administration and reconstruction planning and 
     execution in Iraq.
       (3) The relationship of Department of Defense entities, 
     including the Office of Reconstruction and Humanitarian 
     Assistance, with intergovernmental and nongovernmental 
     organizations contributing to the reconstruction and 
     governance efforts.
       (4) Progress made to the date of the report in--
       (A) rebuilding Iraqi infrastructure;
       (B) providing for the humanitarian needs of the Iraqi 
     people;
       (C) reconstituting the Iraqi governmental bureaucracy and 
     its provision of services; and
       (D) developing mechanisms of fully transitioning Iraq to 
     representative self-government.
       (5) Progress made to the date of the report by Department 
     of Defense civilians and military personnel in accounting for 
     any Iraqi weapons of mass destruction and associated weapons 
     capabilities.
       (6) Progress made to the date of the report by United 
     States military personnel in providing security in Iraq and 
     in transferring security functions to a reconstituted Iraqi 
     police force and military.
       (7) The Secretary's assessment of the scope of the ongoing 
     needed commitment of United States military forces and of the 
     remaining tasks to be completed by Department of Defense 
     civilian personnel in the governance and reconstruction 
     areas, including an estimate of the total expenditures the 
     Department of Defense expects to make for activities in post-
     conflict Iraq.

     SEC. 1024. REPORT ON DEVELOPMENT OF MECHANISMS TO BETTER 
                   CONNECT DEPARTMENT OF DEFENSE SPACE 
                   CAPABILITIES TO THE WAR FIGHTER.

       Not later than March 15, 2004, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on development and implementation of systematic mechanisms to 
     provide for integrating into activities of the United States 
     Strategic Command planning and requirements for connecting 
     space capabilities of that command with the war fighter.

     Subtitle D--Procurement of Defense Biomedical Countermeasures

     SEC. 1031. RESEARCH AND DEVELOPMENT OF DEFENSE BIOMEDICAL 
                   COUNTERMEASURES.

       (a) In General.--The Secretary of Defense (in this section 
     referred to as the ``Secretary'') shall carry out a program 
     to accelerate the research, development and procurement of 
     biomedical countermeasures, including but not limited to 
     therapeutics and vaccines, for the protection of the Armed 
     Forces from attack by one or more biological, chemical, 
     radiological, or nuclear agents.
       (b) Interagency Cooperation.--(1) In carrying out the 
     program under subsection (a), the Secretary may enter into 
     interagency agreements and other collaborative undertakings 
     with other Federal agencies. Under such agreements and 
     undertakings, the participating agencies are authorized to 
     provide funds and receive funds from other participating 
     agencies.
       (2) The Secretary, in consultation with the Secretary of 
     Health and Human Services and the Secretary of Homeland 
     Security, shall ensure that the activities of the Department 
     of Defense in carrying out the program are coordinated with, 
     complement, and do not unnecessarily duplicate activities of 
     the Department of Health and Human Services or the Department 
     of Homeland Security.
       (c) Expedited Procurement Authority.--(1)(A) For any 
     procurement by the Secretary, of property or services for use 
     (as determined by the Secretary) in performing, 
     administering, or supporting biomedical countermeasures 
     research or development, the amount specified in section 
     4(11) of the Office of Federal Procurement Policy Act (41 
     U.S.C. 403(11)), as applicable pursuant to section 302A(a) of 
     the Federal Property and Administrative Services Act of 1949 
     (41 U.S.C. 252a(a)), shall be deemed to be $25,000,000 in the 
     administration, with respect to such procurement, of sections 
     302A(b) (41 U.S.C. 252a(b)) and 303(g)(1)(A) (42 U.S.C. 
     253(g)(1)(A)) of the Federal Property and Administrative 
     Services Act of 1949 and the regulations implementing those 
     sections.
       (B) The Secretary shall institute appropriate internal 
     controls for use of the authority under subparagraph (A), 
     including requirements for documenting the justification for 
     each use of such authority.
       (2)(A) For a procurement described in paragraph (1), the 
     amount specified in subsections (c), (d), and (f) of section 
     32 of the Office of Federal Procurement Policy Act (41 U.S.C. 
     428) shall be deemed to be $15,000 in the administration of 
     that section with respect to such procurement.
       (B) The Secretary shall institute appropriate internal 
     controls for each use of the authority under subparagraph (A) 
     for a procurement greater than $2,500.
       (d) Facilities Authority.--(1) The Secretary may acquire, 
     lease, construct, improve, renovate, remodel, repair, 
     operate, and maintain laboratories, other research facilities 
     and equipment, and other real or personal property that the 
     Secretary determines necessary for carrying out the program 
     under this section. The authority under this paragraph is in 
     addition to any other authority under law.
       (2) The Secretary may exercise the authorities of paragraph 
     (1) as part of an interagency cooperation activity under 
     subsection (b).
       (e) Authority for Personal Services Contracts.--The 
     authority provided by section 1091 of title 10, United States 
     Code, for personal services contracts to carry out health 
     care responsibilities in medical treatment facilities of the 
     Department of Defense shall also be available, subject to the 
     same terms and conditions, for personal services contracts to 
     carry out research and development activities under this 
     section. The number of individuals whose personal services 
     are obtained under this subsection may not exceed 30 at any 
     time.
       (f) Streamlined Personnel Authority.--(1) Without regard to 
     any provision of title 5, United States Code, governing 
     appointments in the competitive service, and without regard 
     to any provision of chapter 51, or subchapter III of chapter 
     43, of such title relating to classification and General 
     Schedule pay rates, the Secretary may appoint professional 
     and technical employees, not to exceed 30 such employees at 
     any time, to positions in the Department of Defense to

[[Page 12523]]

     carry out research and development under the program under 
     this section. The authority under this paragraph is in 
     addition to any other authority under law.
       (2) The Secretary may use the authority under paragraph (1) 
     only upon a determination by the Secretary that use of such 
     authority is necessary to accelerate the research and 
     development under the program.
       (3) The Secretary shall institute appropriate internal 
     controls for each use of the authority under paragraph (1).

     SEC. 1032. PROCUREMENT OF DEFENSE BIOMEDICAL COUNTERMEASURES.

       (a) Determination of Material Threats.--(1) The Secretary 
     of Defense (in this section referred to as the 
     ``Secretary''), in consultation with the Secretary of Health 
     and Human Services and the Secretary of Homeland Security 
     shall on an ongoing basis--
       (A) assess current and emerging threats of use of 
     biological, chemical, radiological, and nuclear agents; and
       (B) identify, on the basis of such assessment, those agents 
     that present a material risk of use against the Armed Forces.
       (2) The Secretary, in consultation with the Secretary of 
     Health and Human Services and the Secretary of Homeland 
     Security, shall on an ongoing basis--
       (A) assess the potential consequences to the health of 
     members of the Armed Forces of use against the Armed Forces 
     of the agents identified under paragraph (1)(B); and
       (B) identify, on the basis of such assessment, those agents 
     for which countermeasures are necessary to protect the health 
     of members of the Armed Forces.
       (b) Assessment of Availability and Appropriateness of 
     Countermeasures.--The Secretary, in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Homeland Security, shall on an ongoing basis assess the 
     availability and appropriateness of specific countermeasures 
     to address specific threats identified under subsection (a).
       (c) Secretary's Determination of Countermeasures 
     Appropriate for Procurement.--(1) The Secretary, in 
     accordance with paragraph (2), shall on an ongoing basis 
     identify specific countermeasures that the Secretary 
     determines to be appropriate for procurement for the 
     Department of Defense stockpile of biomedical 
     countermeasures.
       (2) The Secretary may not identify a specific 
     countermeasure under paragraph (1) unless the Secretary 
     determines that--
       (A) the countermeasure is a qualified countermeasure; and
       (B) it is reasonable to expect that producing and 
     delivering, within 5 years, the quantity of that 
     countermeasure required to meet the needs of the Department 
     (as determined by the Secretary) is feasible.
       (d) Definitions.--In this section:
       (1) The term ``qualified countermeasure'' means a 
     biomedical countermeasure--
       (A) that is approved under section 505(a) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 355) or licensed 
     under section 351 of the Public Health Service Act (42 U.S.C. 
     262), or that is approved under section 515 or cleared under 
     section 510(k) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 360e and 360) for use as such a countermeasure to 
     a biological, chemical, radiological, or nuclear agent 
     identified as a material threat under subsection (a); or
       (B) with respect to which the Secretary, in consultation 
     with the Secretary of Health and Human Services, makes a 
     determination that sufficient and satisfactory clinical 
     experience or research data (including data, if available, 
     from preclinical and clinical trials) exists to support a 
     reasonable conclusion that the product will, not later than 5 
     years after the date on which the Secretary identifies the 
     product under subsection (c)(1), qualify for such approval or 
     licensing for use as such a countermeasure.
       (2) The term ``biomedical countermeasure'' means a drug (as 
     defined in section 201(g)(1) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321(g)(1))), device (as defined in 
     section 201(h) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 321(h))), or biological product (as defined in 
     section 351(i) of the Public Health Service Act (42 U.S.C. 
     262(i)) that is--
       (A) used to treat, identify, or prevent harm from any 
     biological, chemical, radiological, or nuclear agent that may 
     cause a military health emergency affecting the Armed Forces; 
     or
       (B) used to treat, identify, or prevent harm from a 
     condition that may result in adverse health consequences or 
     death and may be caused by administering a drug or biological 
     product that is used as described in subparagraph (A).
       (e) Funding.--(1) Of the amount authorized to be 
     appropriated for the Department of Defense and available 
     within the transfer authority established under section 1001 
     of this Act for fiscal year 2004 and for each fiscal year 
     thereafter, such sums are authorized as may be necessary for 
     the costs incurred by the Secretary in the procurement of 
     countermeasures under this section, subject to paragraph (2).
       (2) Amounts authorized to be appropriated under paragraph 
     (1) shall not be available to pay--
       (A) costs for the purchase of vaccines under procurement 
     contracts entered into before January 1, 2003;
       (B) costs under new contracts, or costs of new obligations 
     under contracts previously entered into, for procurement of a 
     countermeasure after the date of a determination under 
     subsection (c)(2)(D) that the countermeasure does have a 
     significant commercial market other than as a biomedical 
     countermeasure; or
       (C) administrative costs.

     SEC. 1033. AUTHORIZATION FOR USE OF MEDICAL PRODUCTS IN 
                   EMERGENCIES.

       (a) Use of Medical Products Authorized.--During the period 
     in which a declaration of emergency under subsection (b) is 
     in effect, the Secretary of Defense, in accordance with this 
     section, may authorize the use on members of the Armed Forces 
     of a drug or device intended solely for use in an actual or 
     potential emergency.
       (b) Declaration of Emergency.--(1) A declaration of 
     emergency referred to in subsection (a) is a declaration by 
     the Secretary of Defense that there exists a military 
     emergency, or a significant potential for a military 
     emergency, involving a heightened risk to the Armed Forces of 
     attack by one or more biological, chemical, radiological, or 
     nuclear agents.
       (2) Subject to paragraph (3), the period during which a 
     declaration of emergency under this subsection is in effect 
     begins upon the making of the declaration and ends upon the 
     first to occur of the following events:
       (A) The making of a determination by the Secretary that the 
     military emergency, or the significant potential for a 
     military emergency, has ceased to exist.
       (B) The expiration of the one-year period beginning on the 
     date on which the declaration of emergency is made.
       (3) Before the expiration of the period during which a 
     declaration of emergency is in effect, the Secretary may 
     declare one or more extensions of that declaration of 
     emergency. In such a case, the date on which the most recent 
     extension was declared shall be treated for purposes of 
     subsection (2)(B) as the date on which the declaration of 
     emergency is made.
       (c) Criteria for Issuance of Authorization.--The Secretary, 
     in consultation with the Secretary of Health and Human 
     Services, may use the authority under subsection (a) with 
     respect to a biomedical countermeasure only if the Secretary 
     makes a determination that--
       (1) an agent to which a declaration of emergency under 
     subsection (b) relates can cause a serious or life-
     threatening disease or condition;
       (2) based on the totality of scientific evidence available 
     to the Secretary, including data from adequate and well-
     controlled clinical trials, if available, it is reasonable to 
     believe that--
       (A) such countermeasure may be effective in detecting, 
     diagnosing, treating, or preventing such disease or 
     condition; or
       (B) the known and potential benefits of such 
     countermeasure, when used to detect, diagnose, treat, or 
     prevent such disease or condition, outweigh the known and 
     potential risks of such countermeasure;
       (3) no adequate, approved, and available alternative exists 
     to such countermeasure for detecting, diagnosing, treating, 
     or preventing such disease or condition; and
       (4) such other criteria as the Secretary may by regulation 
     prescribe are satisfied.
       (d) Scope of Authorization.--For each use of the authority 
     under subsection (a), the Secretary, in consultation with the 
     Secretary of Health and Human Services, shall--
       (1) specify each disease or condition that the biological 
     countermeasure may be used to detect, diagnose, treat, or 
     prevent; and
       (2) set forth each determination under subsection (c) with 
     respect to that countermeasure and the basis for each such 
     determination.
       (e) Condition.--In carrying out this section, the Secretary 
     shall ensure compliance with section 1107 of title 10, United 
     States Code, and section 731(a)(3) of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 
     (Public Law 105-261; 112 Stat. 2071; 10 U.S.C. 1107 note).

                       Subtitle E--Other Matters

     SEC. 1041. CODIFICATION AND REVISION OF DEFENSE 
                   COUNTERINTELLIGENCE POLYGRAPH PROGRAM 
                   AUTHORITY.

       (a) Codification.--(1) Chapter 21 of title 10, United 
     States Code, is amended by inserting after section 425 the 
     following new section:

     ``Sec. 426. Counterintelligence polygraph program

       ``(a) Authority for Program.--The Secretary of Defense may 
     carry out a program for the administration of 
     counterintelligence polygraph examinations to persons 
     described in subsection (b). The program shall be based on 
     Department of Defense Directive 5210.48, dated December 24, 
     1984.
       ``(b) Persons Covered.--Except as provided in subsection 
     (c), the following persons whose duties involve access to 
     information that has been classified at the level of top 
     secret or designated as being within a special access program 
     under section 4.4(a) of Executive Order 12958 (or a successor 
     Executive order) are subject to this section:
       ``(1) Military and civilian personnel of the Department of 
     Defense.
       ``(2) Personnel of defense contractors.
       ``(3) A person assigned or detailed to the Department of 
     Defense.
       ``(4) An applicant for a position in the Department of 
     Defense.
       ``(c) Exceptions From Coverage for Certain Intelligence 
     Agencies and Functions.--This section does not apply to the 
     following persons:
       ``(1) A person assigned or detailed to the Central 
     Intelligence Agency or to an expert or consultant under a 
     contract with the Central Intelligence Agency.
       ``(2) A person who is--
       ``(A) employed by or assigned or detailed to the National 
     Security Agency;

[[Page 12524]]

       ``(B) an expert or consultant under contract to the 
     National Security Agency;
       ``(C) an employee of a contractor of the National Security 
     Agency; or
       ``(D) a person applying for a position in the National 
     Security Agency.
       ``(3) A person assigned to a space where sensitive 
     cryptographic information is produced, processed, or stored.
       ``(4) A person employed by, or assigned or detailed to, an 
     office within the Department of Defense for the collection of 
     specialized national foreign intelligence through 
     reconnaissance programs or a contractor of such an office.
       ``(d) Oversight.--(1) The Secretary shall establish a 
     process to monitor responsible and effective application of 
     polygraphs within the Department of Defense.
       ``(2) The Secretary shall make information on the use of 
     polygraphs within the Department of Defense available to the 
     congressional defense committees.
       ``(e) Polygraph Research Program.--The Secretary of Defense 
     shall carry out a continuing research program to support the 
     polygraph activities of the Department of Defense. The 
     program shall include--
       ``(1) an on-going evaluation of the validity of polygraph 
     techniques used by the Department;
       ``(2) research on polygraph countermeasures and anti-
     countermeasures; and
       ``(3) developmental research on polygraph techniques, 
     instrumentation, and analytic methods.''.
       (2) The table of sections at the beginning of subchapter I 
     of such chapter is amended by adding at the end the following 
     new item:

``426. Counterintelligence polygraph program.''.

       (b) Conforming Repeal.--Section 1121 of the National 
     Defense Authorization Act for Fiscal Years 1988 and 1989 (10 
     U.S.C. 113 note), is repealed.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2003.

     SEC. 1042. CODIFICATION AND REVISION OF LIMITATION ON 
                   MODIFICATION OF MAJOR ITEMS OF EQUIPMENT 
                   SCHEDULED FOR RETIREMENT OR DISPOSAL.

       (a) In General.--(1) Chapter 134 of title 10, United States 
     Code, is amended by inserting after section 2244 the 
     following new section:

     ``Sec. 2244a. Equipment scheduled for retirement or disposal: 
       limitation on expenditures for modifications

       ``(a) Prohibition.--Except as otherwise provided in this 
     section, the Secretary of a military department may not carry 
     out a significant modification of an aircraft, weapon, 
     vessel, or other item of equipment that the Secretary plans 
     to retire or otherwise dispose of within five years after the 
     date on which the modification, if carried out, would be 
     completed.
       ``(b) Significant Modifications Defined.--For purposes of 
     this section, a significant modification is any modification 
     for which the cost is in an amount equal to or greater than 
     $1,000,000.
       ``(c) Exception for Safety Modifications.--The prohibition 
     in subsection (a) does not apply to a safety modification.
       ``(d) Waiver Authority.--The Secretary concerned may waive 
     the prohibition in subsection (a) in the case of any 
     modification otherwise subject to that subsection if the 
     Secretary determines that carrying out the modification is in 
     the national security interest of the United States. Whenever 
     the Secretary issues such a waiver, the Secretary shall 
     notify the congressional defense committees in writing.''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by inserting after the item relating to 
     section 2244 the following new item:

``2244a. Equipment scheduled for retirement or disposal: limitation on 
              expenditures for modifications.''.

       (b) Conforming Repeal.--Section 8053 of the Department of 
     Defense Appropriations Act, 1998 (10 U.S.C. 2241 note), is 
     repealed.

     SEC. 1043. ADDITIONAL DEFINITIONS FOR PURPOSES OF TITLE 10, 
                   UNITED STATES CODE.

       (a) General Definitions.--Section 101(a) of title 10, 
     United States Code, is amended by adding at the end the 
     following new paragraphs:
       ``(16) The term `congressional defense committees' means--
       ``(A) the Committee on Armed Services and the Committee on 
     Appropriations of the Senate; and
       ``(B) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.
       ``(17) The term `base closure law' means the following:
       ``(A) Section 2687 of this title.
       ``(B) The Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
     note).
       ``(C) Title II of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526; 10 
     U.S.C. 2687 note).
       (b) References to Congressional Defense Committees.--Title 
     10, United States Code, is further amended as follows:
       (1) Section 135(e) is amended--
       (A) by striking ``(1)'';
       (B) by striking ``each congressional committee specified in 
     paragraph (2)'' and inserting ``each of the congressional 
     defense committees''; and
       (C) by striking paragraph (2).
       (2) Section 153(c) is amended--
       (A) by striking ``committees of Congress named in paragraph 
     (2)'' and inserting ``congressional defense committees'';
       (B) by striking paragraph (2); and
       (C) by designating the second sentence of paragraph (1) as 
     paragraph (2) and in that paragraph (as so designated) by 
     striking ``The report'' and inserting ``Each report under 
     paragraph (1)''.
       (3) Section 181(d)(2) is amended--
       (A) by striking ``subsection:'' and all that follows 
     through ``oversight'' and inserting ``subsection, the term 
     `oversight''; and
       (B) by striking subparagraph (B).
       (4) Section 224 is amended by striking subsection (f).
       (5) Section 228(e) is amended--
       (A) by striking ``Definitions'' and all that follows 
     through ``(1) The term'' and inserting ``O&M Budget Activity 
     Defined.--In this section, the term''; and
       (B) by striking paragraph (2).
       (6) Section 229 is amended by striking subsection (f).
       (7) Section 1107(f)(4) is amended by striking subparagraph 
     (C).
       (8) Section 2216(j) is amended by striking paragraph (3).
       (9) Section 2218(l) is amended--
       (A) by striking paragraph (4); and
       (B) by redesignating paragraph (5) as paragraph (4).
       (10) Section 2306b(l) is amended--
       (A) by striking paragraph (9); and
       (B) by redesignating paragraph (10) as paragraph (9).
       (11) Section 2308(e)(2) is amended--
       (A) by striking subparagraph (A); and
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively.
       (12) Section 2366(e) is amended--
       (A) by striking paragraph (7); and
       (B) by redesignating paragraphs (8) and (9) as paragraphs 
     (7) and (8), respectively.
       (13) Section 2399(h) is amended--
       (A) by striking ``Definitions.--'' and all that follows 
     through ``(1) The term'' and inserting ``Operational Test and 
     Evaluation Defined.--In this section, the term'';
       (B) by striking paragraph (2);
       (C) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively; and
       (D) by realigning those paragraphs (as so redesignated) so 
     as to be indented two ems from the left margin.
       (14) Section 2667(h) is amended by striking paragraph (1).
       (15) Section 2688(e)(1) is amended by striking ``the 
     Committee on'' the first place it appears and all that 
     follows through ``House of Representatives'' and inserting 
     ``the congressional defense committees''.
       (16) Section 2801(c)(4) is amended by striking ``the 
     Committee on'' the first place it appears and all that 
     follows through ``House of Representatives'' and inserting 
     ``the congressional defense committees''.
       (c) References to Base Closure Laws.--Title 10, United 
     States Code, is further amended as follows:
       (1) Section 2306c(h) is amended by striking ``Additional'' 
     and all that follows through ``(2) The term'' and inserting 
     ``Military Installation Defined.--In this section, the 
     term''.
       (2) Section 2490a(f) is amended--
       (A) by striking ``Definitions.--'' and all that follows 
     through ``(1) The term'' and inserting ``Nonappropriated Fund 
     Instrumentality Defined.--In this section, the term''; and
       (B) by striking paragraph (2).
       (3) Section 2667(h), as amended by subsection (b)(13), is 
     further amended by striking ``section:'' and all that follows 
     through ``(3) The term'' and inserting ``section, the term''.
       (4) Section 2696(e) is amended--
       (A) by striking paragraphs (1), (2), (3), and (4) and 
     inserting the following:
       ``(1) A base closure law.''; and
       (B) by redesignating paragraph (6) as paragraph (2).
       (4) Section 2705 is amended by striking subsection (h).
       (5) Section 2871 is amended by striking paragraph (2).

     SEC. 1044. INCLUSION OF ANNUAL MILITARY CONSTRUCTION 
                   AUTHORIZATION REQUEST IN ANNUAL DEFENSE 
                   AUTHORIZATION REQUEST.

       (a) Inclusion of Military Construction Request.--Section 
     113a(b) of title 10, United States Code, is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) Authority to carry out military construction 
     projects, as required by section 2802 of this title.''.
       (b) Repeal of Separate Transmission of Request.--(1) 
     Section 2859 of such title is repealed.
       (2) The table of sections at the beginning of subchapter 
     III of chapter 169 of such title is amended by striking the 
     item relating to section 2859.

     SEC. 1045. TECHNICAL AND CLERICAL AMENDMENTS.

       (a) Title 10, United States Code.--Title 10, United States 
     Code, is amended as follows:
       (1) The tables of chapters at the beginning of subtitle A, 
     and at the beginning of part IV of subtitle A, are amended by 
     striking ``2701'' in the item relating to chapter 160 and 
     inserting ``2700''.
       (2) Section 101(a)(9)(D) is amended by striking 
     ``Transportation'' and inserting ``Homeland Security''.
       (3) Section 2002(a)(2) is amended by striking ``Foreign 
     Service Institute'' and inserting ``George P. Schultz 
     National Foreign Affairs Training Center''.

[[Page 12525]]

       (4)(A) Section 2248 is repealed.
       (B) The table of sections at the beginning of chapter 134 
     is amended by striking the item relating to section 2248.
       (5) Section 2305a(c) is amended by striking ``the Brooks 
     Architect-Engineers Act (40 U.S.C. 541 et seq.)'' and 
     inserting ``chapter 11 of title 40''.
       (6) Section 2432(h)(1) is amended by inserting ``program'' 
     in the first sentence after ``for such''.
       (7) Section 7503(d) is amended by inserting ``such'' before 
     ``title III.''
       (b) Title 37, United States Code.--Title 37, United States 
     Code, is amended as follows:
       (1) Section 323(a) is amended by striking ``1 year'' in 
     paragraphs (1) and (2) and inserting ``one year''.
       (2) Section 402(b) is amended--
       (A) by striking paragraph (1); and
       (B) in paragraph (2), by striking ``On and after January 1, 
     2002, the'' and inserting ``The''.
       (c) Floyd D. Spence National Defense Authorizaton Act for 
     Fiscal Year 2001.--The Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398) is amended as follows:
       (1) Section 1308(c) (22 U.S.C. 5959) is amended--
       (A) by redesignating paragraph (7) as paragraph (8); and
       (B) by redesignating the second paragraph (6) as paragraph 
     (7).
       (2) Section 814 (10 U.S.C. 1412 note) is amended in 
     subsection (d)(1) by striking ``the Clinger-Cohen Act of 1996 
     (divisions D and E of Public Law 104-106)'' and inserting 
     ``subtitle III of title 40, United States Code''.
       (d) National Defense Authorization Act for Fiscal Year 
     2000.--Section 1305 of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) 
     is amended by striking the second period at the end.
       (e) Strom Thurmond National Defense Authorization Act for 
     Fiscal Year 1999.--Section 819 of the Strom Thurmond National 
     Defense Authorization Act for Fiscal Year 1999 (Public Law 
     105-261; 112 Stat. 2089) is amended by striking ``section 
     201(c) of the Federal Property and Administrative Services 
     Act of 1949 (40 U.S.C. 481(c)),'' and inserting ``section 503 
     of title 40, United States Code,''.
       (f) National Defense Authorization Act for Fiscal Year 
     1997.--Section 1084(e) of the National Defense Authorization 
     Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2675) 
     is amended by striking ``98-515'' and inserting ``98-525''. 
     The amendment made by the preceding sentence shall take 
     effect as if included in Public Law 104-201.
       (g) Federal Acquisition Streamlining Act of 1994.--
     Subsection (d) of section 1004 of the Federal Acquisition 
     Streamlining Act of 1994 (Public Law 103-355; 108 Stat, 3253) 
     is amended by striking ``under--'' and all that follows 
     through the end of paragraph (2) and inserting ``under 
     chapter 11 of title 40, United States Code.''.
       (h) Armed Forces Retirement Home Act of 1991.--Section 
     1520(b)(1)(C) of the Armed Forces Retirement Home Act of 1991 
     (24 U.S.C. 420(b)(1)(C)) is amended by inserting ``Armed 
     Forces'' before ``Retirement Home Trust Fund''.

     SEC. 1046. AUTHORITY TO PROVIDE LIVING QUARTERS FOR CERTAIN 
                   STUDENTS IN COOPERATIVE AND SUMMER EDUCATION 
                   PROGRAMS OF THE NATIONAL SECURITY AGENCY.

       Section 2195 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d)(1) The Director of the National Security Agency may 
     provide a qualifying employee of a defense laboratory of that 
     Agency with living quarters at no charge, or at a rate or 
     charge prescribed by the Director by regulation, without 
     regard to section 5911(c) of title 5.
       ``(2) In this subsection, the term `qualifying employee' 
     means a student who is employed at the National Security 
     Agency under--
       ``(A) a Student Educational Employment Program of the 
     Agency conducted under this section or any other provision of 
     law; or
       ``(B) a similar cooperative or summer education program of 
     the Agency that meets the criteria for Federal cooperative or 
     summer education programs prescribed by the Office of 
     Personnel Management.''.

     SEC. 1047. USE OF DRUG INTERDICTION AND COUNTER-DRUG FUNDS TO 
                   SUPPORT ACTIVITIES OF THE GOVERNMENT OF 
                   COLOMBIA.

       (a) Authority to Provide Assistance.--During fiscal years 
     2004 and 2005, the Secretary of Defense may use funds made 
     available to the Department of Defense for drug interdiction 
     and counter-drug activities to provide assistance to the 
     Government of Colombia--
       (1) to support a unified campaign against narcotics 
     trafficking in Colombia;
       (2) to support a unified campaign against activities by 
     designated terrorist organizations, such as the Revolutionary 
     Armed Forces of Colombia (FARC), the National Liberation Army 
     (ELN), and the United Self-Defense Forces of Colombia (AUC); 
     and
       (3) to take actions to protect human health and welfare in 
     emergency circumstances, including undertaking rescue 
     operations.
       (b) Relation to Other Assistance Authority.--The authority 
     provided by subsection (a) is in addition to other provisions 
     of law authorizing the provision of assistance to the 
     Government of Colombia.

     SEC. 1048. AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT 
                   TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
                   TERRORISM ACTIVITIES.

       (a) Authority.--A joint task force of the Department of 
     Defense that provides support to law enforcement agencies 
     conducting counter-drug activities may also provide, 
     consistent with all applicable laws and regulations, support 
     to law enforcement agencies conducting counter-terrorism 
     activities.
       (b) Conditions.--Any support provided under subsection (a) 
     may only be provided in the geographic area of responsibility 
     of the joint task force.

     SEC. 1049. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL 
                   SECURITY INVESTIGATIONS AND DETERMINATIONS.

       Section 30305(b) of title 49, United States Code, is 
     amended--
       (1) by redesignating paragraphs (9) through (11) as 
     paragraphs (10) through (12), respectively; and
       (2) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) An individual who is being investigated for--
       ``(A) eligibility for access to a particular level of 
     classified information for purposes of Executive Order 12968, 
     or any successor Executive order; or
       ``(B) Federal employment under authority of Executive Order 
     10450, or any successor Executive order,
     may request the chief driver licensing official of a State to 
     provide information about the individual pursuant to 
     subsection (a) of this section to a Federal department or 
     agency that is authorized to investigate the individual for 
     the purpose of assisting in the determination of the 
     eligibility of the individual for access to classified 
     information or for Federal employment. A Federal department 
     or agency that receives such information about an individual 
     may use it in accordance with applicable law. Information may 
     not be obtained from the Register under this paragraph if the 
     information was entered in the Register more than 3 years 
     before the request, unless the information is about a 
     revocation or suspension still in effect on the date of the 
     request.''.

     SEC. 1050. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL 
                   SECURITY AGENCY.

       The National Security Agency Act of 1959 (50 U.S.C. 402 
     note) is amended by adding at the end the following new 
     section:
       ``Sec. 19. (a) Exemption of Certain Operational Files From 
     Search, Review, Publication, or Disclosure.--(1) The Director 
     of the National Security Agency, with the coordination of the 
     Director of Central Intelligence, may exempt operational 
     files of the National Security Agency from the provisions of 
     section 552 of title 5, United States Code, which require 
     publication, disclosure, search, or review in connection 
     therewith.
       ``(2)(A) Subject to subparagraph (B), for the purposes of 
     this section, the term `operational files' means files of the 
     National Security Agency that document the means by which 
     foreign intelligence or counterintelligence is collected 
     through technical systems.
       ``(B) Files that contain disseminated intelligence are not 
     operational files.
       ``(3) Notwithstanding paragraph (1), exempted operational 
     files shall continue to be subject to search and review for 
     information concerning--
       ``(A) United States citizens or aliens lawfully admitted 
     for permanent residence who have requested information on 
     themselves pursuant to the provisions of section 552 of title 
     5 or section 552a of title 5, United States Code;
       ``(B) any special activity the existence of which is not 
     exempt from disclosure under the provisions of section 552 of 
     title 5, United States Code; or
       ``(C) the specific subject matter of an investigation by 
     any of the following for any impropriety, or violation of 
     law, Executive order, or Presidential directive, in the 
     conduct of an intelligence activity:
       ``(i) The Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(ii) The Select Committee on Intelligence of the Senate.
       ``(iii) The Intelligence Oversight Board.
       ``(iv) The Department of Justice.
       ``(v) The Office of General Counsel of the National 
     Security Agency.
       ``(vi) The Office of the Director of the National Security 
     Agency.
       ``(4)(A) Files that are not exempted under paragraph (1) 
     which contain information derived or disseminated from 
     exempted operational files shall be subject to search and 
     review.
       ``(B) The inclusion of information from exempted 
     operational files in files that are not exempted under 
     paragraph (1) shall not affect the exemption under paragraph 
     (1) of the originating operational files from search, review, 
     publication, or disclosure.
       ``(C) The declassification of some of the information 
     contained in exempted operational files shall not affect the 
     status of the operational file as being exempt from search, 
     review, publication, or disclosure.
       ``(D) Records from exempted operational files which have 
     been disseminated to and referenced in files that are not 
     exempted under paragraph (1) and which have been returned to 
     exempted operational files for sole retention shall be 
     subject to search and review.
       ``(5) The provisions of paragraph (1) may not be superseded 
     except by a provision of law which is enacted after the date 
     of the enactment of this section, and which specifically 
     cites and repeals or modifies its provisions.

[[Page 12526]]

       ``(6)(A) Except as provided in subparagraph (B), whenever 
     any person who has requested agency records under section 552 
     of title 5, United States Code, alleges that the National 
     Security Agency has withheld records improperly because of 
     failure to comply with any provision of this section, 
     judicial review shall be available under the terms set forth 
     in section 552(a)(4)(B) of title 5, United States Code.
       ``(B) Judicial review shall not be available in the manner 
     provided for under subparagraph (A) as follows:
       ``(i) In any case in which information specifically 
     authorized under criteria established by an Executive order 
     to be kept secret in the interests of national defense or 
     foreign relations which is filed with, or produced for, the 
     court by the National Security Agency, such information shall 
     be examined ex parte, in camera by the court.
       ``(ii) The court shall, to the fullest extent practicable, 
     determine the issues of fact based on sworn written 
     submissions of the parties.
       ``(iii) When a complainant alleges that requested records 
     are improperly withheld because of improper placement solely 
     in exempted operational files, the complainant shall support 
     such allegation with a sworn written submission based upon 
     personal knowledge or otherwise admissible evidence.
       ``(iv)(I) When a complainant alleges that requested records 
     were improperly withheld because of improper exemption of 
     operational files, the National Security Agency shall meet 
     its burden under section 552(a)(4)(B) of title 5, United 
     States Code, by demonstrating to the court by sworn written 
     submission that exempted operational files likely to contain 
     responsive records currently perform the functions set forth 
     in paragraph (2).
       ``(II) The court may not order the National Security Agency 
     to review the content of any exempted operational file or 
     files in order to make the demonstration required under 
     subclause (I), unless the complainant disputes the National 
     Security Agency's showing with a sworn written submission 
     based on personal knowledge or otherwise admissible evidence.
       ``(v) In proceedings under clauses (iii) and (iv), the 
     parties may not obtain discovery pursuant to rules 26 through 
     36 of the Federal Rules of Civil Procedure, except that 
     requests for admission may be made pursuant to rules 26 and 
     36.
       ``(vi) If the court finds under this paragraph that the 
     National Security Agency has improperly withheld requested 
     records because of failure to comply with any provision of 
     this subsection, the court shall order the Agency to search 
     and review the appropriate exempted operational file or files 
     for the requested records and make such records, or portions 
     thereof, available in accordance with the provisions of 
     section 552 of title 5, United States Code, and such order 
     shall be the exclusive remedy for failure to comply with this 
     subsection.
       ``(vii) If at any time following the filing of a complaint 
     pursuant to this paragraph the National Security Agency 
     agrees to search the appropriate exempted operational file or 
     files for the requested records, the court shall dismiss the 
     claim based upon such complaint.
       ``(viii) Any information filed with, or produced for the 
     court pursuant to clauses (i) and (iv) shall be coordinated 
     with the Director of Central Intelligence prior to submission 
     to the court.
       ``(b) Decennial Review of Exempted Operational Files.--(1) 
     Not less than once every 10 years, the Director of the 
     National Security Agency and the Director of Central 
     Intelligence shall review the exemptions in force under 
     subsection (a)(1) to determine whether such exemptions may be 
     removed from the category of exempted files or any portion 
     thereof. The Director of Central Intelligence must approve 
     any determination to remove such exemptions.
       ``(2) The review required by paragraph (1) shall include 
     consideration of the historical value or other public 
     interest in the subject matter of the particular category of 
     files or portions thereof and the potential for declassifying 
     a significant part of the information contained therein.
       ``(3) A complainant that alleges that the National Security 
     Agency has improperly withheld records because of failure to 
     comply with this subsection may seek judicial review in the 
     district court of the United States of the district in which 
     any of the parties reside, or in the District of Columbia. In 
     such a proceeding, the court's review shall be limited to 
     determining the following:
       ``(A) Whether the National Security Agency has conducted 
     the review required by paragraph (1) before the expiration of 
     the 10-year period beginning on the date of the enactment of 
     this section or before the expiration of the 10-year period 
     beginning on the date of the most recent review.
       ``(B) Whether the National Security Agency, in fact, 
     considered the criteria set forth in paragraph (2) in 
     conducting the required review.''.

     SEC. 1051. ASSISTANCE FOR STUDY OF FEASIBILITY OF BIENNIAL 
                   INTERNATIONAL AIR TRADE SHOW IN THE UNITED 
                   STATES AND FOR INITIAL IMPLEMENTATION.

       (a) Assistance for Community Feasibility Study.--(1) The 
     Secretary of Defense shall provide assistance to a community 
     selected under subsection (d) for expenses of a study by that 
     community of the feasibility of the establishment and 
     operation of a biennial international air trade show in the 
     area of that community.
       (2) The Secretary shall provide for the community to submit 
     to the Secretary a report containing the results of the study 
     not later than September 30, 2004. The Secretary shall 
     promptly submit the report to Congress, together with such 
     comments on the report as the Secretary considers 
     appropriate.
       (b) Assistance for Implementation.--If the community 
     conducting the study under subsection (a) determines that the 
     establishment and operation of such an air show is feasible 
     and should be implemented, the Secretary shall provide 
     assistance to the community for the initial expenses of 
     implementing such an air show in the selected community.
       (c) Amount of Assistance.--The amount of assistance 
     provided by the Secretary under subsections (a) and (b)--
       (1) may not exceed a total of $1,000,000, to be derived 
     from amounts available for operation and maintenance for the 
     Air Force for fiscal year 2004 or later fiscal years; and
       (2) may not exceed one-half of the cost of the study and 
     may not exceed one-half the cost of such initial 
     implementation.
       (d) Selection of Community.--The Secretary shall select a 
     community for purposes of subsection (a) through the use of 
     competitive procedures. In making such selection, the 
     Secretary shall give preference to those communities that 
     already sponsor an air show, have demonstrated a history of 
     supporting air shows with local resources, and have a 
     significant role in the aerospace community. The community 
     shall be selected not later than March 1, 2004.

     SEC. 1052. CONTINUATION OF REASONABLE ACCESS TO MILITARY 
                   INSTALLATIONS FOR PERSONAL COMMERCIAL 
                   SOLICITATION.

       (a) Continued Access to Members.--Section 2679 of title 10, 
     United States Code, is amended--
       (1) in subsection (a), by inserting ``Access by 
     Representatives of Veterans' Organizations.--(1)'' before 
     ``Upon certification'';
       (2) by redesignating subsections (b) and (c) as paragraphs 
     (2) and (3), respectively;
       (3) in paragraph (2), as so redesignated, by striking 
     ``subsection (a)'' and inserting ``paragraph (1)'';
       (4) in paragraph (3), as so redesignated, by striking 
     ``section'' and inserting ``subsection'';
       (5) by redesignating subsection (d) as subsection (c); and
       (6) by inserting before such subsection the following new 
     subsection (b):
       ``(b) Access for Personal Commercial Solicitation.--An 
     amendment or other revision to a Department of Defense 
     directive relating to access to military installations for 
     the purpose of conducting limited personal commercial 
     solicitation shall not take effect until the end of the 90-
     day period beginning on the date the Secretary of Defense 
     submits to Congress notice of the amendment or revision and 
     the reasons therefor.''.
       (b) Clerical Amendments.--(1) The heading of such section 
     is amended to read as follows:

     ``Sec. 2679. Access to and use of space and equipment at 
       military installations: representatives of veterans' 
       organizations and other persons''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 159 of such title is 
     amended to read as follows:

``2679. Access to and use of space and equipment at military 
              installations: representatives of veterans' organizations 
              and other persons.''.

     SEC. 1053. COMMISSION ON NUCLEAR STRATEGY OF THE UNITED 
                   STATES.

       (a) Establishment of Commission.--
       (1) Establishment.--There is hereby established a 
     commission to be known as the ``Commission on Nuclear 
     Strategy of the United States'' (hereinafter this this 
     section referred to as the ``Commission''). The Secretary of 
     Defense, in consultation with the Secretary of Energy, shall 
     enter into a contract with a federally funded research and 
     development center to provide for the organization, 
     management, and suport of the Commission.
       (2) Composition.--(A) The Commission shall be composed of 
     12 members appointed by the Secretary of Defense. In 
     selecting individuals for appointment to the Commission, the 
     Secretary of Defense shall consult with the chairman and 
     ranking minority member of the Committee on Armed Services of 
     the Senate and the chairman and ranking minority member of 
     the Committee on Armed Services of the House of 
     Representatives.
       (B) Members of the Commission shall be appointed from among 
     private United States citizens with knowledge and expertise 
     in the political, military, operational, and technical 
     aspects of nuclear strategy.
       (3) Chairman of the commission.--The Secretary of Defense 
     shall designate one of the members of the Commission to serve 
     as chairman of the Commission.
       (4) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall be filled in the same manner as the original 
     appointment.
       (5) Security clearances.--All members of the Commission 
     shall hold appropriate security clearances.
       (b) Duties of Commission.--
       (1) Review of nuclear strategy.--The Commission shall 
     consider all matters of policy, force structure, nuclear 
     stockpile stewardship, estimates of threats and force 
     requirements, and any other issue the Commission may consider

[[Page 12527]]

     necessary in order to assess and make recommendations about 
     current United States nuclear strategy as envisioned in the 
     National Security Strategy of the United States and the 
     Nuclear Posture Review, as well as possible alternative 
     future strategies.
       (2) Assessment of range of nuclear strategies.--The 
     Commission shall assess possible future nuclear strategies 
     for the United States that could be pursued over the next 20 
     years.
       (3) Relations with russia.--The Commission shall give 
     special attention to assessing how the United States goal of 
     strengthening partnership with Russia may be advanced or 
     adversely affected by each of the possible nuclear strategies 
     considered. The Commission shall also assess how relations 
     with China, and the overall global security environment, may 
     be affected by each of those possible nuclear strategies.
       (4) Other matters to be included.--For each of the possible 
     nuclear strategies considered, the Commission shall include 
     in its report under subsection (c)(1), at a minimum, the 
     following:
       (A) A discussion of the policy defining the deterrence and 
     military-political objectives of the United States against 
     potential adversaries.
       (B) A discussion of the military requirements for United 
     States forces, the force structure and capabilities necessary 
     to meet those requirements, and how they relate to the 
     achievement of the objectives identified under subparagraph 
     (A).
       (C) Appropriate quantitative and qualitative analysis, 
     including force-on-force exchange modeling, to calculate the 
     effectiveness of the strategy under various scenario 
     conditions, including scenarios of strategic and tactical 
     surprise.
       (D) An assessment of the role of missile defenses in the 
     strategy, the dependence of the strategy on missile defense 
     effectiveness, and the effect of missile defenses on the 
     threat environment.
       (E) An assessment of the implications of the proliferation 
     of missiles and weapons of mass destruction, the 
     proliferation of underground facilities and mobile launch 
     platforms, and China's modernization of strategic forces.
       (F) An assessment of the implications of asymmetries 
     between the United States and Russia, including doctrine, 
     nonstrategic nuclear weapons, and active and passive 
     defenses.
       (G) An assessment of strategies or options for dealing with 
     nuclear capable nations that may provide nuclear weapons to 
     terrorist or transnational groups.
       (H) An assessment of the contribution of non-proliferation 
     strategies and programs to the overall security of the United 
     States and how those strategies and programs may affect the 
     overall requirements of future nuclear strategy.
       (I) An assessment of the effect of the strategy on the 
     nuclear programs of emerging nuclear weapons states, 
     including North Korea, Iran, Pakistan, and India.
       (5) Recommendations.--The Commission shall include in its 
     report recommendations for any continuities or changes in 
     nuclear strategy it believes should be taken to enhance the 
     national security of the United States.
       (6) Cooperation from government officials.--(A) In carrying 
     out its duties, the Commission shall receive the full and 
     timely cooperation of the Secretary of Defense, the Secretary 
     of Energy, and any other United States Government official in 
     providing the Commission with analyses, briefings, and other 
     information necessary for the fulfillment of its 
     responsibilities.
       (B) The Secretary of Energy and the Secretary of Defense 
     shall each designate at least one officer or employee of the 
     Department of Energy and the Department of Defense, 
     respectively, to serve as a liaison officer between the 
     department and the Commission. The Director of Central 
     Intelligence may designate at least one officer or employee 
     of the Central Intelligence Agency to serve as a liaison 
     officer between that agency and the Commission.
       (c) Reports.--
       (1) Commission report.--The Commission shall submit to the 
     Secretary of Defense and to the Committees on Armed Services 
     of the Senate and House of Representatives a report on the 
     Commission's findings and conclusions not later than 18 
     months after the date of its first meeting.
       (2) Secretary of defense response.--Not later than one year 
     after the date on which the Commission submits its report 
     under paragraph (1), the Secretary of Defense shall submit to 
     Congress a report--
       (A) commenting on the Commission's findings and 
     conclusions; and
       (B) explaining what actions, if any, the Secretary intends 
     to take to implement the recommendations of the Commission 
     and, with respect to each such recommendation, the 
     Secretary's reasons for implementing, or not implementing, 
     the recommendation.
       (d) Hearings and Procedures.--
       (1) Hearings.--The Commission may, for the purpose of 
     carrying out the purposes of this section, hold hearings and 
     take testimony.
       (2) Procedures.--The federally funded research and 
     development center referred to in subsection (a)(1) shall be 
     responsible for establishing appropriate procedures for the 
     Commission.
       (3) Detail of government employees.--Upon request of the 
     chairman of the Commission, the head of any Federal 
     department or agency may detail, on a nonreimbursable basis, 
     any personnel of that department or agency to the Commission 
     to assist it in carrying out its duties.
       (e) Funding.--Funds for activities of the Commission shall 
     be provided from amounts appropriated for the Department of 
     Defense.
       (f) Termination of Commission.--The Commission shall 
     terminate 60 days after the date of the submission of its 
     report under subsection (c)(1).
       (g) Implementation.--
       (1) FFRDC contract.--The Secretary of Defense shall enter 
     into the contract required under subsection (a)(1) not later 
     than 60 days after the date of the enactment of this Act.
       (2) First meeting.--The Commission shall convene its first 
     meeting not later than 60 days after the date as of which all 
     members of the Commission have been appointed.

     SEC. 1054. EXTENSION OF COUNTERPROLIFERATION PROGRAM REVIEW 
                   COMMITTEE.

       Section 1605(f) of the National Defense Authorization Act 
     for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by 
     striking ``September 30, 2004'' and inserting ``September 30, 
     2008''.

           TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

     Subtitle A--Department of Defense Civilian Personnel Generally

     SEC. 1101. MODIFICATION OF THE OVERTIME PAY CAP.

       Section 5542(a)(2) of title 5, United States Code, is 
     amended--
       (1) by inserting ``the greater of'' before ``one and one-
     half''; and
       (2) by inserting ``or the hourly rate of basic pay of the 
     employee'' after ``law)'' the second place it appears.

     SEC. 1102. MILITARY LEAVE FOR MOBILIZED FEDERAL CIVILIAN 
                   EMPLOYEES.

       (a) In General.--Subsection (b) of section 6323 of title 5, 
     United States Code, is amended--
       (1) in paragraph (2)--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and at the end of clause (ii), as 
     so redesignated, by inserting ``or''; and
       (B) by inserting ``(A)'' after ``(2)''; and
       (2) by inserting the following before the text beginning 
     with ``is entitled'':
       ``(B) performs full-time military service as a result of a 
     call or order to active duty in support of a contingency 
     operation as defined in section 101(a)(13) of title 10;''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to military service performed on or after the 
     date of the enactment of this Act.

     SEC. 1103. COMMON OCCUPATIONAL AND HEALTH STANDARDS FOR 
                   DIFFERENTIAL PAYMENTS AS A CONSEQUENCE OF 
                   EXPOSURE TO ASBESTOS.

       (a) Prevailing Rate Systems.--Section 5343(c)(4) of title 
     5, United States Code, is amended by inserting before the 
     semicolon at the end the following: ``, and for any hardship 
     or hazard related to asbestos, such differentials shall be 
     determined by applying occupational safety and health 
     standards consistent with the permissible exposure limit 
     promulgated by the Secretary of Labor under the Occupational 
     Safety and Health Act of 1970''.
       (b) General Schedule Pay Rates.--Section 5545(d) of such 
     title is amended by inserting before the period at the end of 
     the first sentence the following: ``, and for any hardship or 
     hazard related to asbestos, such differentials shall be 
     determined by applying occupational safety and health 
     standards consistent with the permissible exposure limit 
     promulgated by the Secretary of Labor under the Occupational 
     Safety and Health Act of 1970''.
       (c) Applicability.--Subject to any vested constitutional 
     property rights, any administrative or judicial determination 
     after the date of enactment of this Act concerning backpay 
     for a differential established under sections 5343(c)(4) or 
     5545(d) of such title shall be based on occupational safety 
     and health standards described in the amendments made by 
     subsections (a) and (b).

     SEC. 1104. INCREASE IN ANNUAL STUDENT LOAN REPAYMENT 
                   AUTHORITY.

       Section 5379(b)(2)(A) of title 5, United States Code, is 
     amended by striking ``$6,000'' and inserting ``$10,000''.

     SEC. 1105. AUTHORIZATION FOR CABINET SECRETARIES, SECRETARIES 
                   OF MILITARY DEPARTMENTS, AND HEADS OF EXECUTIVE 
                   AGENCIES TO BE PAID ON A BIWEEKLY BASIS.

       (a) Authorization.--Section 5504 of title 5, United States 
     Code, is amended--
       (1) by redesignating subsection (c) as subsection (d);
       (2) by striking the last sentence of both subsection (a) 
     and subsection (b); and
       (3) by inserting after subsection (b) the following:
       ``(c) For the purposes of this section:
       ``(1) The term `employee' means--
       ``(A) an employee in or under an Executive agency;
       ``(B) an employee in or under the Office of the Architect 
     of the Capitol, the Botanic Garden, and the Library of 
     Congress, for whom a basic administrative workweek is 
     established under section 6101(a)(5) of this title; and
       ``(C) an individual employed by the government of the 
     District of Columbia.
       ``(2) The term `employee' does not include--
       ``(A) an employee on the Isthmus of Panama in the service 
     of the Panama Canal Commission; or
       ``(B) an employee or individual excluded from the 
     definition of employee in section 5541(2) of this title other 
     than an employee or individual excluded by clauses (ii), 
     (iii), and (xiv) through (xvii) of such section.

[[Page 12528]]

       ``(3) Notwithstanding paragraph (2), an individual who 
     otherwise would be excluded from the definition of employee 
     shall be deemed to be an employee for purposes of this 
     section if the individual's employing agency so elects, under 
     guidelines in regulations promulgated by the Office of 
     Personnel Management under subsection (d)(2).''.
       (b) Guidelines.--Subsection (d) of section 5504 of such 
     title, as redesignated by subsection (a), is amended--
       (1) by inserting ``(1)'' after ``(d)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Office of Personnel Management shall provide 
     guidelines by regulation for exemptions to be made by the 
     heads of agencies under subsection (c)(3). Such guidelines 
     shall provide for such exemptions only under exceptional 
     circumstances.''.

     SEC. 1106. SENIOR EXECUTIVE SERVICE AND PERFORMANCE.

       (a) Senior Executive Pay.--Chapter 53 of title 5, United 
     States Code, is amended--
       (1) in section 5304--
       (A) in subsection (g)(2)--
       (i) in subparagraph (A) by striking ``subparagraphs (A)-
     (E)'' and inserting ``subparagraphs (A)-(D)''; and
       (ii) in subparagraph (B) by striking ``subsection 
     (h)(1)(F)'' and inserting ``subsection (h)(1)(D)'';
       (B) in subsection (h)(1)--
       (i) by striking subparagraphs (B) and (C);
       (ii) by redesignating subparagraphs (D), (E), and (F) as 
     subparagraphs (B), (C), and (D), respectively;
       (iii) in clause (ii) by striking ``or'' at the end;
       (iv) in clause (iii) by striking the period and inserting a 
     semicolon; and
       (v) by adding at the end the following new clauses:
       ``(iv) a Senior Executive Service position under section 
     3132;
       ``(v) a position in the Federal Bureau of Investigation and 
     Drug Enforcement Administration Senior Executive Service 
     under section 3151; or
       ``(vi) a position in a system equivalent to the system in 
     clause (iv), as determined by the President's Pay Agent 
     designated under subsection (d).''; and
       (C) in subsection (h)(2)(B)--
       (i) in clause (i)--

       (I) by striking ``subparagraphs (A) through (E)'' and 
     inserting ``subparagraphs (A) through (C)''; and
       (II) by striking ``clause (i) or (ii)'' and inserting 
     ``clause (i), (ii), (iii), (iv), (v), or (vii)''; and

       (ii) in clause (ii)--

       (I) by striking ``paragraph (1)(F)'' and inserting 
     ``paragraph (1)(D)''; and
       (II) by striking ``clause (i) or (ii)'' and inserting 
     ``clause (i), (ii), (iii), (iv), (v), or (vi)'';

       (2) by amending section 5382 to read as follows:

     ``Sec. 5382. Establishment of rates of pay for the Senior 
       Executive Service

       ``(a) Subject to regulations prescribed by the Office of 
     Personnel Management, there shall be established a range of 
     rates of basic pay for the Senior Executive Service, and each 
     senior executive shall be paid at one of the rates within the 
     range, based on individual performance, contribution to the 
     agency's performance, or both, as determined under a rigorous 
     performance management system. The lowest rate of the range 
     shall not be less than the minimum rate of basic pay payable 
     under section 5376, and the highest rate, for any position 
     under this system or an equivalent system as determined by 
     the President's Pay Agent designated under section 5304(d), 
     shall not exceed the rate for level III of the Executive 
     Schedule. The payment of the rates shall not be subject to 
     the pay limitation of section 5306(e) or 5373.
       ``(b) Notwithstanding the provisions of subsection (a), the 
     applicable maximum shall be level II of the Executive 
     Schedule for any agency that is certified under section 5307 
     as having a performance appraisal system which, as designed 
     and applied, makes meaningful distinctions based on relative 
     performance.
       ``(c) No employee may suffer a reduction in pay by reason 
     of transfer from an agency with an applicable maximum rate of 
     pay prescribed under subsection (b) to an agency with an 
     applicable maximum rate of pay prescribed under subsection 
     (a).''; and
       (3) in section 5383--
       (A) in subsection (a) by striking ``which of the rates 
     established under section 5382 of this title'' and inserting 
     ``which of the rates within a range established under section 
     5382''; and
       (B) in subsection (c) by striking ``for any pay adjustment 
     under section 5382 of this title'' and inserting ``as 
     provided in regulations prescribed by the Office under 
     section 5385''.
       (b) Post-Employment Restrictions.--(1) Clause (ii) of 
     section 207(c)(2)(A) of title 18, United States Code is 
     amended to read as follows:
       ``(ii) employed in a position which is not referred to in 
     clause (i) and for which that person is paid at a rate of 
     basic pay which is equal to or greater than 96 percent of the 
     rate of basic pay for level II of the Executive Schedule, or, 
     for a period of 2 years following the enactment of the 
     Federal Employees Pay for Performance Act of 2003, a person 
     who, on the day prior to the enactment of that Act, was 
     employed in a position which is not referred to in clause (i) 
     and for which the rate of basic pay, exclusive of any 
     locality-based pay adjustment under section 5304 or section 
     5304a of title 5, was equal to or greater than the rate of 
     basic pay payable for level 5 of the Senior Executive Service 
     on the day prior to the enactment of that Act,''.
       (2) Subchapter I of chapter 73 of title 5, United States 
     Code, is amended by inserting at the end the following new 
     section:

     ``Sec. 7302. Post-employment notification

       ``(a) Not later than the effective date of the amendments 
     made by sections 3 and 4 of the Federal Employees Pay for 
     Performance Act of 2003, or 180 days after the date of 
     enactment of that Act, whichever is later, the Office of 
     Personnel Management shall, in consultation with the Attorney 
     General and the Office of Government Ethics, promulgate 
     regulations requiring that each Executive branch agency 
     notify any employee of that agency who is subject to the 
     provisions of section 207(c)(1) of title 18, as a result of 
     the amendment to section 207(c)(2)(A)(ii) of that title by 
     that Act.
       ``(b) The regulations shall require that notice be given 
     before, or as part of, the action that affects the employee's 
     coverage under section 207(c)(1) of title 18, by virtue of 
     the provisions of section 207(c)(2)(A)(ii) of that title, and 
     again when employment or service in the covered position is 
     terminated.''.
       (c) The table of sections for chapter 73 of title 5, United 
     States Code, is amended by adding after the item relating to 
     section 7301 the following:

``7302. Post-employment notification.''.

       (c) Effective Date and Applicability.--(1) The amendments 
     made by this section shall take effect on the first day of 
     the first pay period beginning on or after the first January 
     1 following the date of enactment of this section.
       (2) The amendments made by subsection (a) may not result in 
     a reduction in the rate of basic pay for any senior executive 
     during the first year after the effective date of those 
     amendments.
       (3) For the purposes of subsection (c)(2), the rate of 
     basic pay for a senior executive shall be deemed to be the 
     rate of basic pay set for the senior executive under section 
     5383 of title 5, United States Code, plus applicable locality 
     pay paid to that senior executive, as of the date of 
     enactment of this Act.

     SEC. 1107. DESIGN ELEMENTS OF PAY-FOR-PERFORMANCE SYSTEMS IN 
                   DEMONSTRATION PROJECTS.

       A pay-for-performance system may not be initiated under 
     chapter 47 of title 5, United States Code, after the date of 
     enactment of this Act, unless it incorporates the following 
     elements:
       (1) adherence to merit principles set forth in section 2301 
     of such title;
       (2) a fair, credible, and transparent employee performance 
     appraisal system;
       (3) a link between elements of the pay-for-performance 
     system, the employee performance appraisal system, and the 
     agency's strategic plan;
       (4) a means for ensuring employee involvement in the design 
     and implementation of the system;
       (5) adequate training and retraining for supervisors, 
     managers, and employees in the implementation and operation 
     of the pay-for-performance system;
       (6) a process for ensuring ongoing performance feedback and 
     dialogue between supervisors, managers, and employees 
     throughout the appraisal period, and setting timetables for 
     review;
       (7) effective safeguards to ensure that the management of 
     the system is fair and equitable and based on employee 
     performance; and
       (8) a means for ensuring that adequate agency resources are 
     allocated for the design, implementation, and administration 
     of the pay-for-performance system.

     SEC. 1108. FEDERAL FLEXIBLE BENEFITS PLAN ADMINISTRATIVE 
                   COSTS.

       (a) In General.--Notwithstanding any other provision of 
     law, an agency or other employing entity of the Government 
     which provides or plans to provide a flexible spending 
     account option for its employees shall not impose any fee 
     with respect to any of its employees in order to defray the 
     administrative costs associated therewith.
       (b) Offset of Administrative Costs.--Each such agency or 
     employing entity that offers a flexible spending account 
     option under a program established or administered by the 
     Office of Personnel Management shall periodically forward to 
     such Office, or entity designated by such Office, the amount 
     necessary to offset the administrative costs of such program 
     which are attributable to such agency.
       (c) Reports.--(1) The Office shall submit a report to the 
     Committee on Government Reform of the House of 
     Representatives and the Committee on Governmental Affairs of 
     the Senate no later than March 31, 2004, specifying the 
     administrative costs associated with the Governmentwide 
     program (referred to in subsection (b)) for fiscal year 2003, 
     as well as the projected administrative costs of such program 
     for each of the 5 fiscal years thereafter.
       (2) At the end of each of the first 3 calendar years in 
     which an agency or other employing entity offers a flexible 
     spending account option under this section, such agency or 
     entity shall submit a report to the Office of Management and 
     Budget showing the amount of its employment tax savings in 
     such year which are attributable to such option, net of 
     administrative fees paid under section (b).

     SEC. 1109. CLARIFICATION TO HATCH ACT; LIMITATION ON 
                   DISCLOSURE OF CERTAIN RECORDS.

       (a) Clarification to Hatch Act.--No Federal employee or 
     individual who voluntarily separates from the civil service 
     (including by transferring to an international organization 
     in the

[[Page 12529]]

     circumstances described in section 3582(a) of title 5, United 
     States Code) shall be subject to enforcement of the 
     provisions of section 7326 of such title (including any loss 
     of rights under subchapter IV of chapter 35 of such title 
     resulting from any proceeding under such section 7326), 
     except that this subsection shall not apply in the event that 
     such employee or individual subsequently becomes reemployed 
     in the civil service. The preceding sentence shall apply to 
     any complaint which is filed with or pending before the Merit 
     Systems Protection Board after the date of the enactment of 
     this Act.
       (b) Limitation on Disclosure of Certain Records.--
     Notwithstanding any other provision of law, rule, or 
     regulation, nothing described in paragraph (2) or (3) of use 
     ``q'' of the proposed revisions published in the Federal 
     Register on July 12, 2001 (66 Fed. Reg. 36613) shall be 
     considered to constitute a routine use of records maintained 
     by the Office of Special Counsel.
       (c) Definitions.--For purposes of this section--
       (1) the term ``Federal employee or individual'' means any 
     employee or individual, as referred to in section 7326 of 
     title 5, United States Code;
       (2) the term ``civil service'' has the meaning given such 
     term by section 2101 of title 5, United States Code;
       (3) the term ``international organization'' has the meaning 
     given such term by section 3581 of title 5, United States 
     Code; and
       (4) the terms ``routine use'' and ``record'' have the 
     respective meanings given such terms under section 552a(a) of 
     title 5, United States Code.

     SEC. 1110. EMPLOYEE SURVEYS.

       (a) In General.--Each agency shall conduct an annual survey 
     of its employees (including survey questions unique to the 
     agency and questions prescribed under subsection (b)) to 
     assess--
       (1) leadership and management practices that contribute to 
     agency performance; and
       (2) employee satisfaction with--
       (A) leadership policies and practices;
       (B) work environment;
       (C) rewards and recognition for professional accomplishment 
     and personal contributions to achieving organizational 
     mission;
       (D) opportunity for professional development and growth; 
     and
       (E) opportunity to contribute to achieving organizational 
     mission.
       (b) Regulations.--The Office of Personnel Management shall 
     issue regulations prescribing survey questions that should 
     appear on all agency surveys under subsection (a) in order to 
     allow a comparison across agencies.
       (c) Availability of Results.--The results of the agency 
     surveys under subsection (a) shall be made available to the 
     public and posted on the website of the agency involved, 
     unless the head of such agency determines that doing so would 
     jeopardize or negatively impact national security.
       (d) Agency defined.--For purposes of this section, the term 
     ``agency'' means an Executive agency (as defined by section 
     105 of title 5, United States Code).

  Subtitle B--Department of Defense National Security Personnel System

     SEC. 1111. DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL 
                   SYSTEM.

       (a) In General.--(1) Subpart I of part III of title 5, 
     United States Code, is amended by adding at the end the 
     following new chapter:

 ``CHAPTER 99--DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM

``Sec.
``9901. Definitions.
``9902. Establishment of human resources management system.
``9903. Attracting highly qualified experts.
``9904. Employment of older Americans.
``9905. Special pay and benefits for certain employees outside the 
              United States.

     ``Sec. 9901. Definitions

       ``For purposes of this chapter--
       ``(1) the term `Director' means the Director of the Office 
     of Personnel Management; and
       ``(2) the term `Secretary' means the Secretary of Defense.

     ``Sec. 9902. Establishment of human resources management 
       system

       ``(a) In General.--Notwithstanding any other provision of 
     this part, the Secretary may, in regulations prescribed 
     jointly with the Director, establish, and from time to time 
     adjust, a human resources management system for some or all 
     of the organizational or functional units of the Department 
     of Defense. If the Secretary certifies that issuance or 
     adjustment of a regulation, or the inclusion, exclusion, or 
     modification of a particular provision therein, is essential 
     to the national security, the Secretary may, subject to the 
     decision of the President, waive the requirement in the 
     preceding sentence that the regulation or adjustment be 
     issued jointly with the Director.
       ``(b) System Requirements.--Any system established under 
     subsection (a) shall--
       ``(1) be flexible;
       ``(2) be contemporary;
       ``(3) not waive, modify, or otherwise affect--
       ``(A) the public employment principles of merit and fitness 
     set forth in section 2301, including the principles of hiring 
     based on merit, fair treatment without regard to political 
     affiliation or other nonmerit considerations, equal pay for 
     equal work, and protection of employees against reprisal for 
     whistleblowing;
       ``(B) any provision of section 2302, relating to prohibited 
     personnel practices;
       ``(C)(i) any provision of law referred to in section 
     2302(b)(1), (8), and (9); or
       ``(ii) any provision of law implementing any provision of 
     law referred to in section 2302(b)(1), (8), and (9) by--
       ``(I) providing for equal employment opportunity through 
     affirmative action; or
       ``(II) providing any right or remedy available to any 
     employee or applicant for employment in the public service;
       ``(D) any other provision of this part (as described in 
     subsection (c)); or
       ``(E) any rule or regulation prescribed under any provision 
     of law referred to in this paragraph;
       ``(4) ensure that employees may organize, bargain 
     collectively as provided for in this chapter, and participate 
     through labor organizations of their own choosing in 
     decisions which affect them, subject to the provisions of 
     this chapter and any exclusion from coverage or limitation on 
     negotiability established pursuant to law;
       ``(5) not be limited by any specific law or authority under 
     this title that is waivable under this chapter or by any 
     provision of this chapter or any rule or regulation 
     prescribed under this title that is waivable under this 
     chapter, except as specifically provided for in this section; 
     and
       ``(6) include a performance management system that 
     incorporates the following elements:
       ``(A) adherence to merit principles set forth in section 
     2301;
       ``(B) a fair, credible, and transparent employee 
     performance appraisal system;
       ``(C) a link between the performance management system and 
     the agency's strategic plan;
       ``(D) a means for ensuring employee involvement in the 
     design and implementation of the system;
       ``(E) adequate training and retraining for supervisors, 
     managers, and employees in the implementation and operation 
     of the performance management system;
       ``(F) a process for ensuring ongoing performance feedback 
     and dialogue between supervisors, managers, and employees 
     throughout the appraisal period, and setting timetables for 
     review;
       ``(G) effective safeguards to ensure that the management of 
     the system is fair and equitable and based on employee 
     performance; and
       ``(H) a means for ensuring that adequate agency resources 
     are allocated for the design, implementation, and 
     administration of the performance management system.
       ``(c) Other Nonwaivable Provisions.--The other provisions 
     of this part referred to in subsection (b)(3)(D) are (to the 
     extent not otherwise specified in this title)--
       ``(1) subparts A, B, E, G, and H of this part; and
       ``(2) chapters 41, 45, 47, 55 (except subchapter V 
     thereof), 57, 59, 72, 73, and 79, and this chapter.
       ``(d) Limitations Relating to Pay.--(1) Nothing in this 
     section shall constitute authority to modify the pay of any 
     employee who serves in an Executive Schedule position under 
     subchapter II of chapter 53 of this title.
       ``(2) Except as provided for in paragraph (1), the total 
     amount in a calendar year of allowances, differentials, 
     bonuses, awards, or other similar cash payments paid under 
     this title to any employee who is paid under section 5376 or 
     5383 of this title or under title 10 or under other 
     comparable pay authority established for payment of 
     Department of Defense senior executive or equivalent 
     employees may not exceed the total annual compensation 
     payable to the Vice President under section 104 of title 3.
       ``(3) To the maximum extent practicable, the rates of 
     compensation for civilian employees at the Department of 
     Defense shall be adjusted at the same rate, and in the same 
     proportion, as are rates of compensation for members of the 
     uniformed services.
       ``(e) Provisions To Ensure Collaboration With Employee 
     Representatives.--(1) In order to ensure that the authority 
     of this section is exercised in collaboration with, and in a 
     manner that ensures the participation of, employee 
     representatives in the planning, development, and 
     implementation of any human resources management system or 
     adjustments to such system under this section, the Secretary 
     and the Director shall provide for the following:
       ``(A) The Secretary and the Director shall, with respect to 
     any proposed system or adjustment--
       ``(i) provide to the employee representatives representing 
     any employees who might be affected a written description of 
     the proposed system or adjustment (including the reasons why 
     it is considered necessary);
       ``(ii) give such representatives at least 30 calendar days 
     (unless extraordinary circumstances require earlier action) 
     to review and make recommendations with respect to the 
     proposal; and
       ``(iii) give any recommendations received from such 
     representatives under clause (ii) full and fair consideration 
     in deciding whether or how to proceed with the proposal.
       ``(B) Following receipt of recommendations, if any, from 
     such employee representatives with respect to a proposal 
     described in subparagraph (A), the Secretary and the Director 
     shall accept such modifications to the proposal in response 
     to the recommendations as they determine advisable and shall, 
     with respect to any parts of the proposal as to which they 
     have not accepted the recommendations--
       ``(i) notify Congress of those parts of the proposal, 
     together with the recommendations of the employee 
     representatives;
       ``(ii) meet and confer for not less than 30 calendar days 
     with the employee representatives, in order to attempt to 
     reach agreement on whether or how to proceed with those parts 
     of the proposal; and

[[Page 12530]]

       ``(iii) at the Secretary's option, or if requested by a 
     majority of the employee representatives participating, use 
     the services of the Federal Mediation and Conciliation 
     Service during such meet and confer period to facilitate the 
     process of attempting to reach agreement.
       ``(C)(i) Any part of the proposal as to which the 
     representatives do not make a recommendation, or as to which 
     the recommendations are accepted by the Secretary and the 
     Director, may be implemented immediately.
       ``(ii) With respect to any parts of the proposal as to 
     which recommendations have been made but not accepted by the 
     Secretary and the Director, at any time after 30 calendar 
     days have elapsed since the initiation of the congressional 
     notification, consultation, and mediation procedures set 
     forth in subparagraph (B), if the Secretary, in his 
     discretion, determines that further consultation and 
     mediation is unlikely to produce agreement, the Secretary may 
     implement any or all of such parts (including any 
     modifications made in response to the recommendations as the 
     Secretary determines advisable), but only after 30 days have 
     elapsed after notifying Congress of the decision to implement 
     the part or parts involved (as so modified, if applicable).
       ``(iii) The Secretary shall notify Congress promptly of the 
     implementation of any part of the proposal and shall furnish 
     with such notice an explanation of the proposal, any changes 
     made to the proposal as a result of recommendations from the 
     employee representatives, and of the reasons why 
     implementation is appropriate under this subparagraph.
       ``(D) If a proposal described in subparagraph (A) is 
     implemented, the Secretary and the Director shall--
       ``(i) develop a method for the employee representatives to 
     participate in any further planning or development which 
     might become necessary; and
       ``(ii) give the employee representatives adequate access to 
     information to make that participation productive.
       ``(2) The Secretary may, at the Secretary's discretion, 
     engage in any and all collaboration activities described in 
     this subsection at an organizational level above the level of 
     exclusive recognition.
       ``(3) In the case of any employees who are not within a 
     unit with respect to which a labor organization is accorded 
     exclusive recognition, the Secretary and the Director may 
     develop procedures for representation by any appropriate 
     organization which represents a substantial percentage of 
     those employees or, if none, in such other manner as may be 
     appropriate, consistent with the purposes of this subsection.
       ``(f) Provisions Regarding National Level Bargaining.--(1) 
     Any human resources management system implemented or modified 
     under this chapter may include employees of the Department of 
     Defense from any bargaining unit with respect to which a 
     labor organization has been accorded exclusive recognition 
     under chapter 71 of this title.
       ``(2) For any bargaining unit so included under paragraph 
     (1), the Secretary may bargain at an organizational level 
     above the level of exclusive recognition. Any such bargaining 
     shall--
       ``(A) be binding on all subordinate bargaining units at the 
     level of recognition and their exclusive representatives, and 
     the Department of Defense and its subcomponents, without 
     regard to levels of recognition;
       ``(B) supersede all other collective bargaining agreements, 
     including collective bargaining agreements negotiated with an 
     exclusive representative at the level of recognition, except 
     as otherwise determined by the Secretary;
       ``(C) not be subject to further negotiations for any 
     purpose, including bargaining at the level of recognition, 
     except as provided for by the Secretary; and
       ``(D) except as otherwise specified in this chapter, not be 
     subject to review or to statutory third-party dispute 
     resolution procedures outside the Department of Defense.
       ``(3) The National Guard Bureau and the Army and Air Force 
     National Guard are excluded from coverage under this 
     subsection.
       ``(4) Any bargaining completed pursuant to this subsection 
     with a labor organization not otherwise having national 
     consultation rights with the Department of Defense or its 
     subcomponents shall not create any obligation on the 
     Department of Defense or its subcomponents to confer national 
     consultation rights on such a labor organization.
       ``(g) Provisions Relating to Appellate Procedures.--(1) The 
     Secretary shall--
       ``(A) establish an appeals process that provides that 
     employees of the Department of Defense are entitled to fair 
     treatment in any appeals that they bring in decisions 
     relating to their employment; and
       ``(B) in prescribing regulations for any such appeals 
     process--
       ``(i) ensure that employees of the Department of Defense 
     are afforded the protections of due process; and
       ``(ii) toward that end, be required to consult with the 
     Merit Systems Protection Board before issuing any such 
     regulations.
       ``(2) Any regulations establishing the appeals process 
     required by paragraph (1) that relate to any matters within 
     the purview of chapter 77 shall--
       ``(A) provide for an independent review panel, appointed by 
     the President, which shall not include the Secretary or the 
     Deputy Secretary of Defense or any of their subordinates;
       ``(B) be issued only after--
       ``(i) notification to the appropriate committees of 
     Congress; and
       ``(ii) consultation with the Merit Systems Protection Board 
     and the Equal Employment Opportunity Commission;
       ``(C) ensure the availability of procedures that--
       ``(i) are consistent with requirements of due process; and
       ``(ii) provide, to the maximum extent practicable, for the 
     expeditious handling of any matters involving the Department 
     of Defense; and
       ``(D) modify procedures under chapter 77 only insofar as 
     such modifications are designed to further the fair, 
     efficient, and expeditious resolution of matters involving 
     the employees of the Department of Defense.
       ``(h) Provisions Related to Separation and Retirement 
     Incentives.--(1) The Secretary may establish a program within 
     the Department of Defense under which employees may be 
     eligible for early retirement, offered separation incentive 
     pay to separate from service voluntarily, or both. This 
     authority may be used to reduce the number of personnel 
     employed by the Department of Defense or to restructure the 
     workforce to meet mission objectives without reducing the 
     overall number of personnel. This authority is in addition 
     to, and notwithstanding, any other authorities established by 
     law or regulation for such programs.
       ``(2) For purposes of this section, the term `employee' 
     means an employee of the Department of Defense, serving under 
     an appointment without time limitation, except that such term 
     does not include--
       ``(A) a reemployed annuitant under subchapter III of 
     chapter 83 or chapter 84 of this title, or another retirement 
     system for employees of the Federal Government;
       ``(B) an employee having a disability on the basis of which 
     such employee is or would be eligible for disability 
     retirement under any of the retirement systems referred to in 
     paragraph (1); or
       ``(C) for purposes of eligibility for separation incentives 
     under this section, an employee who is in receipt of a 
     decision notice of involuntary separation for misconduct or 
     unacceptable performance.
       ``(3) An employee who is at least 50 years of age and has 
     completed 20 years of service, or has at least 25 years of 
     service, may, pursuant to regulations promulgated under this 
     section, apply and be retired from the Department of Defense 
     and receive benefits in accordance with chapter 83 or 84 if 
     the employee has been employed continuously within the 
     Department of Defense for more than 30 days before the date 
     on which the determination to conduct a reduction or 
     restructuring within 1 or more Department of Defense 
     components is approved pursuant to the program established 
     under subsection (a).
       ``(4)(A) Separation pay shall be paid in a lump sum or in 
     installments and shall be equal to the lesser of--
       ``(i) an amount equal to the amount the employee would be 
     entitled to receive under section 5595(c) of this title, if 
     the employee were entitled to payment under such section; or
       ``(ii) $25,000.
       ``(B) Separation pay shall not be a basis for payment, and 
     shall not be included in the computation, of any other type 
     of Government benefit. Separation pay shall not be taken into 
     account for the purpose of determining the amount of any 
     severance pay to which an individual may be entitled under 
     section 5595 of this title, based on any other separation.
       ``(C) Separation pay, if paid in installments, shall cease 
     to be paid upon the recipient's acceptance of employment by 
     the Federal Government, or commencement of work under a 
     personal services contract as described in paragraph (5).
       ``(5)(A) An employee who receives separation pay under such 
     program may not be reemployed by the Department of Defense 
     for a 12-month period beginning on the effective date of the 
     employee's separation, unless this prohibition is waived by 
     the Secretary on a case-by-case basis.
       ``(B) An employee who receives separation pay under this 
     section on the basis of a separation occurring on or after 
     the date of the enactment of the Federal Workforce 
     Restructuring Act of 1994 (Public Law 103-236; 108 Stat. 111) 
     and accepts employment with the Government of the United 
     States, or who commences work through a personal services 
     contract with the United States within 5 years after the date 
     of the separation on which payment of the separation pay is 
     based, shall be required to repay the entire amount of the 
     separation pay to the Department of Defense. If the 
     employment is with an Executive agency (as defined by section 
     105 of this title) other than the Department of Defense, the 
     Director may, at the request of the head of that agency, 
     waive the repayment if the individual involved possesses 
     unique abilities and is the only qualified applicant 
     available for the position. If the employment is within the 
     Department of Defense, the Secretary may waive the repayment 
     if the individual involved is the only qualified applicant 
     available for the position. If the employment is with an 
     entity in the legislative branch, the head of the entity or 
     the appointing official may waive the repayment if the 
     individual involved possesses unique abilities and is the 
     only qualified applicant available for the position. If the 
     employment is with the judicial branch, the Director of the 
     Administrative Office of the United States Courts may waive 
     the repayment if the individual involved possesses unique 
     abilities and is the only qualified applicant available for 
     the position.
       ``(6) Under this program, early retirement and separation 
     pay may be offered only pursuant to

[[Page 12531]]

     regulations established by the Secretary, subject to such 
     limitations or conditions as the Secretary may require.
       ``(i) Provisions Relating to Reemployment.--If annuitant 
     receiving an annuity from the Civil Service Retirement and 
     Disability Fund becomes employed in a position within the 
     Department of Defense, his annuity shall continue. An 
     annuitant so reemployed shall not be considered an employee 
     for purposes of chapter 83 or 84.
       ``(j) Additional Provisions Relating to Personnel 
     Management.--Notwithstanding subsection (c), the Secretary 
     may exercise authorities that would otherwise be available to 
     the Secretary under paragraphs (1), (3), and (8) of section 
     4703(a) of this title.

     ``Sec. 9903. Attracting highly qualified experts

       ``(a) In General.--The Secretary may carry out a program 
     using the authority provided in subsection (b) in order to 
     attract highly qualified experts in needed occupations, as 
     determined by the Secretary.
       ``(b) Authority.--Under the program, the Secretary may--
       ``(1) appoint personnel from outside the civil service and 
     uniformed services (as such terms are defined in section 2101 
     of this title) to positions in the Department of Defense 
     without regard to any provision of this title governing the 
     appointment of employees to positions in the Department of 
     Defense;
       ``(2) prescribe the rates of basic pay for positions to 
     which employees are appointed under paragraph (1) at rates 
     not in excess of the maximum rate of basic pay authorized for 
     senior-level positions under section 5376 of this title, as 
     increased by locality-based comparability payments under 
     section 5304 of this title, notwithstanding any provision of 
     this title governing the rates of pay or classification of 
     employees in the executive branch; and
       ``(3) pay any employee appointed under paragraph (1) 
     payments in addition to basic pay within the limits 
     applicable to the employee under subsection (d).
       ``(c) Limitation on Term of Appointment.--(1) Except as 
     provided in paragraph (2), the service of an employee under 
     an appointment made pursuant to this section may not exceed 5 
     years.
       ``(2) The Secretary may, in the case of a particular 
     employee, extend the period to which service is limited under 
     paragraph (1) by up to 1 additional year if the Secretary 
     determines that such action is necessary to promote the 
     Department of Defense's national security missions.
       ``(d) Limitations on Additional Payments.--(1) The total 
     amount of the additional payments paid to an employee under 
     this section for any 12-month period may not exceed the 
     lesser of the following amounts:
       ``(A) $50,000 in fiscal year 2004, which may be adjusted 
     annually thereafter by the Secretary, with a percentage 
     increase equal to one-half of 1 percentage point less than 
     the percentage by which the Employment Cost Index, published 
     quarterly by the Bureau of Labor Statistics, for the base 
     quarter of the year before the preceding calendar year 
     exceeds the Employment Cost Index for the base quarter of the 
     second year before the preceding calendar year.
       ``(B) The amount equal to 50 percent of the employee's 
     annual rate of basic pay.
     For purposes of this paragraph, the term `base quarter' has 
     the meaning given such term by section 5302(3).
       ``(2) An employee appointed under this section is not 
     eligible for any bonus, monetary award, or other monetary 
     incentive for service except for payments authorized under 
     this section.
       ``(3) Notwithstanding any other provision of this 
     subsection or of section 5307, no additional payments may be 
     paid to an employee under this section in any calendar year 
     if, or to the extent that, the employee's total annual 
     compensation will exceed the maximum amount of total annual 
     compensation payable at the salary set in accordance with 
     section 104 of title 3.
       ``(e) Savings Provisions.--In the event that the Secretary 
     terminates this program, in the case of an employee who, on 
     the day before the termination of the program, is serving in 
     a position pursuant to an appointment under this section--
       ``(1) the termination of the program does not terminate the 
     employee's employment in that position before the expiration 
     of the lesser of--
       ``(A) the period for which the employee was appointed; or
       ``(B) the period to which the employee's service is limited 
     under subsection (c), including any extension made under this 
     section before the termination of the program; and
       ``(2) the rate of basic pay prescribed for the position 
     under this section may not be reduced as long as the employee 
     continues to serve in the position without a break in 
     service.

     ``Sec. 9904. Employment of older Americans

       ``(a) In General.--Notwithstanding any other provision of 
     law, the Secretary may appoint older Americans into positions 
     in the excepted service for a period not to exceed 2 years, 
     provided that--
       ``(1) any such appointment shall not result in--
       ``(A) the displacement of individuals currently employed by 
     the Department of Defense (including partial displacement 
     through reduction of nonovertime hours, wages, or employment 
     benefits); or
       ``(B) the employment of any individual when any other 
     person is in a reduction-in-force status from the same or 
     substantially equivalent job within the Department of 
     Defense; and
       ``(2) the individual to be appointed is otherwise qualified 
     for the position, as determined by the Secretary.
       ``(b) Effect on Existing Retirement Benefits.--
     Notwithstanding any other provision of law, an individual 
     appointed pursuant to subsection (a) who otherwise is 
     receiving an annuity, pension, retired pay, or other similar 
     payment shall not have the amount of said annuity, pension, 
     or other similar payment reduced as a result of such 
     employment.
       ``(c) Extension of Appointment.--Notwithstanding subsection 
     (a), the Secretary may extend an appointment made pursuant to 
     this section for up to an additional 2 years if the 
     individual employee possesses unique knowledge or abilities 
     that are not otherwise available to the Department of 
     Defense.
       ``(d) Definition.--For purposes of this section, the term 
     `older American' means any citizen of the United States who 
     is at least 55 years of age.

     ``Sec. 9905. Special pay and benefits for certain employees 
       outside the United States

       ``The Secretary may provide to certain civilian employees 
     of the Department of Defense assigned to activities outside 
     the United States as determined by the Secretary to be in 
     support of Department of Defense activities abroad hazardous 
     to life or health or so specialized because of security 
     requirements as to be clearly distinguishable from normal 
     Government employment--
       ``(1) allowances and benefits--
       ``(A) comparable to those provided by the Secretary of 
     State to members of the Foreign Service under chapter 9 of 
     title I of the Foreign Service Act of 1980 (Public Law 96-
     465, 22 U.S.C. 4081 et seq.) or any other provision of law; 
     or
       ``(B) comparable to those provided by the Director of 
     Central Intelligence to personnel of the Central Intelligence 
     Agency; and
       ``(2) special retirement accrual benefits and disability in 
     the same manner provided for by the Central Intelligence 
     Agency Retirement Act (50 U.S.C. 2001 et seq.) and in section 
     18 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     403r).''.
       (2) The table of chapters for part III of such title is 
     amended by adding at the end of subpart I the following new 
     item:

``99. Department of Defense National Security Personnel System..9901''.

       (b) Impact on Department of Defense Civilian Personnel.--
     (1) Any exercise of authority under chapter 99 of such title 
     (as added by subsection (a)), including under any system 
     established under such chapter, shall be in conformance with 
     the requirements of this subsection.
       (2) No other provision of this Act or of any amendment made 
     by this Act may be construed or applied in a manner so as to 
     limit, supersede, or otherwise affect the provisions of this 
     section, except to the extent that it does so by specific 
     reference to this section.

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

     SEC. 1201. EXPANSION OF AUTHORITY TO PROVIDE ADMINISTRATIVE 
                   SUPPORT AND SERVICES AND TRAVEL AND SUBSISTENCE 
                   EXPENSES FOR CERTAIN FOREIGN LIAISON OFFICERS.

       (a) Administrative Support and Services.--Subsection (a) of 
     section 1051a of title 10, United States Code, is amended--
       (1) by striking ``involved in a coalition with the United 
     States'';
       (2) by striking ``temporarily''; and
       (3) by striking `` in connection with the planning for, or 
     conduct of, a coalition operation''.
       (b) Travel, Subsistence, and Other Expenses.--Subsection 
     (b) of such section is amended--
       (1) by striking ``(1)'';
       (2) by striking ``expenses specified in paragraph (2)'' and 
     inserting ``travel, subsistence, and similar personal 
     expenses'';
       (3) by striking ``developing country'' and inserting 
     ``developing nation'';
       (4) by striking ``in connection with the assignment of that 
     officer to the headquarters of a combatant command as 
     described in subsection (a)'' and inserting ``involved in a 
     coalition while the liaison officer is assigned temporarily 
     to a headquarters described in subsection (a) in connection 
     with the planning for, or conduct of, a coalition 
     operation''; and
       (5) by striking paragraph (2).
       (c) Reimbursement.--Subsection (c) of such section is 
     amended by striking ``by'' before ``subsection (a)'' and 
     inserting ``under''.
       (d) Clerical Amendments.--(1) The heading for section 1051a 
     of such title is amended to read as follows:

     ``Sec. 1051a. Foreign officers: administrative services and 
       support; travel, subsistence, and other personal 
       expenses''.

       (2) The subsection heading for subsection (a) is amended by 
     striking ``Authority'' and inserting ``Administrative 
     Services and Support''.
       (3) The item relating to such section in the table of 
     sections at the beginning of chapter 53 of each title is 
     amended to read as follows:

``1051a. Foreign officers: administrative services and support; travel, 
              subsistence, and other personal expenses.''.

     SEC. 1202. RECOGNITION OF SUPERIOR NONCOMBAT ACHIEVEMENTS OR 
                   PERFORMANCE BY MEMBERS OF FRIENDLY FOREIGN 
                   FORCES AND OTHER FOREIGN NATIONALS.

       (a) Authority.--Chapter 53 of title 10, United States Code, 
     is amended by inserting after section 1051a the following new 
     section:

[[Page 12532]]



     ``Sec. 1051b. Bilateral or regional cooperation programs: 
       awards and mementos funds to recognize superior noncombat 
       achievements or performance

       ``(a) General Authority.--The Secretary of Defense may 
     present awards and mementos purchased with funds appropriated 
     for operation and maintenance of the armed forces to 
     recognize superior noncombat achievements or performance by 
     members of friendly foreign forces and other foreign 
     nationals that significantly enhance or support the National 
     Security Strategy of the United States.
       ``(b) Activities That May Be Recognized.--Activities that 
     may be recognized under subsection (a) include superior 
     achievement or performance that--
       ``(1) plays a crucial role in shaping the international 
     security environment in ways that protect and promote United 
     States interests;
       ``(2) supports or enhances United States overseas presence 
     and peacetime engagement activities, including defense 
     cooperation initiatives, security assistance training and 
     programs, and training and exercises with the armed forces;
       ``(3) helps to deter aggression and coercion, build 
     coalitions, and promote regional stability; or
       ``(4) serves as a role model for appropriate conduct by 
     military forces in emerging democracies.
       ``(c) Limitation.--Expenditures for the purchase or 
     production of mementos for award under this section may not 
     exceed the `minimal value' established in accordance with 
     section 7342(a)(5) of title 5.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1051a the following new item:

``1051b. Bilateral or regional cooperation programs: awards and 
              mementos to recognize superior noncombat achievements or 
              performance.''.

     SEC. 1203. EXPANSION OF AUTHORITY TO WAIVE CHARGES FOR COSTS 
                   OF ATTENDANCE AT GEORGE C. MARSHALL EUROPEAN 
                   CENTER FOR SECURITY STUDIES.

       Section 1306(b)(1) of the National Defense Authorization 
     Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892) 
     is amended by striking ``of cooperation partner states of the 
     North Atlantic Council or the Partnership for Peace'' and 
     inserting ``from states located in Europe or the territory of 
     the former Soviet Union''.

     SEC. 1204. IDENTIFICATION OF GOODS AND TECHNOLOGIES CRITICAL 
                   FOR MILITARY SUPERIORITY.

       (a) In General.--(1) Subchapter II of chapter 148 of title 
     10, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2508. Goods and technologies critical for military 
       superiority: list

       ``(a) Requirement to Maintain List.--(1) The Secretary of 
     Defense shall maintain a list of any goods or technology 
     that, if obtained by a potential adversary, could undermine 
     the military superiority or qualitative military advantage of 
     the United States over potential adversaries.
       ``(2) In this section, the term `goods or technology' 
     means--
       ``(A) any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment; and
       ``(B) any information and know-how (whether in tangible 
     form, such as models, prototypes, drawings, sketches, 
     diagrams, blueprints, or manuals, or in intangible form, such 
     as training or technical services) that can be used to 
     design, produce, manufacture, utilize, or reconstruct goods, 
     including computer software and technical data.
       ``(b) Matters To Be Included on List.--The Secretary shall 
     include on the list the following:
       ``(1) Any technology or developing critical technology 
     (including conventional weapons, weapons of mass destruction, 
     and delivery systems) that could enhance a potential 
     adversary's military capabilities or that is critical to the 
     United States maintaining its military superiority and 
     qualitative military advantage.
       ``(2) Any dual-use good, material, or know-how that could 
     enhance a potential adversary's military capabilities or that 
     is critical to the United States maintaining its military 
     superiority and qualitative military advantage, including 
     those used to manufacture weapons of mass destruction and 
     their associated delivery systems.
       ``(c) Requirements.--The Secretary shall ensure that--
       ``(1) the list is subject to a systematic, ongoing 
     assessment and analysis of dual-use technologies; and
       ``(2) the list is updated not less often than every two 
     months.
       ``(d) Availability.--The list shall be made available--
       ``(1) in unclassified form on the Department of Defense 
     public website, in a usable form; and
       ``(2) in classified form to the Committee on Armed Services 
     of the Senate and the Committee on Armed Services of the 
     House of Representatives.''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by adding at the end the following new 
     item:

``2508. Goods and technologies critical for military superiority: 
              list.''.

       (b) Deadline for Establishment.--The list required by 
     section 2508 of title 10, United States Code, as added by 
     subsection (a), shall be established not later than 180 days 
     after the enactment of this Act.

     SEC. 1205. REPORT ON ACQUISITION BY IRAQ OF ADVANCED WEAPONS.  


       (a) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committees on Armed Services and Foreign Relations of 
     the Senate and the Committees on Armed Services and 
     International Relations of the House of Representatives a 
     report on the acquisition by Iraq of weapons of mass 
     destruction and associated delivery systems and the 
     acquisition by Iraq of advanced conventional weapons.
       (b) Matters To Be Included.--The report shall include the 
     following:
       (1) A description of how Iraq was able to obtain any 
     materials, technology, and know-how for its nuclear, 
     chemical, biological, ballistic missile, and unmanned aerial 
     vehicle programs, and advanced conventional weapons programs, 
     from 1979 through April 2003 from entities (including Iraqi 
     citizens) outside of Iraq.
       (2) An assessment of the degree to which United States, 
     foreign, and multilateral export control regimes prevented 
     acquisition by Iraq of weapons of mass destruction-related 
     technology and materials and advanced conventional weapons 
     and delivery systems since the commencement of international 
     inspections in Iraq.
       (3) An assessment of the effectiveness of United Nations 
     sanctions at halting the flow of militarily-useful contraband 
     to Iraq from 1991 until the end of Operation Iraqi Freedom.
       (4) An assessment of how Iraq was able to evade 
     International Atomic Energy Agency and United Nations 
     inspections regarding chemical, nuclear, biological, and 
     missile weapons and related capabilities.
       (5) Identification and a catalogue of the entities and 
     countries that transferred militarily useful contraband to 
     Iraq between 1991 and the end of Operation Iraqi Freedom, and 
     the nature of that contraband.
       (c) Form of Report.--The report shall be submitted in 
     unclassified form with a classified annex, if necessary.

     SEC. 1206. AUTHORITY FOR CHECK CASHING AND CURRENCY EXCHANGE 
                   SERVICES TO BE PROVIDED TO FOREIGN MILITARY 
                   MEMBERS PARTICIPATING IN CERTAIN ACTIVITIES 
                   WITH UNITED STATES FORCES.

       (a) Authority.--Subsection (b) of section 3342 of title 31, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(8) A member of the military forces of an allied or 
     coalition nation who is participating in a joint operation, 
     joint exercise, humanitarian mission, or peacekeeping mission 
     with the Armed Forces of the United States, but--
       ``(A) only if--
       ``(i) such disbursing official action for members of the 
     military forces of that nation is approved by the senior 
     United States military commander assigned to that operation 
     or mission; and
       ``(ii) that nation has guaranteed payment for any 
     deficiency resulting from such disbursing official action; 
     and
       ``(B) in the case of negotiable instruments, only for a 
     negotiable instrument drawn on a financial institution 
     located in the United States or on a foreign branch of such 
     an institution.''.
       (b) Technical Amendments.--That subsection is further 
     amended--
       (1) by striking ``only for--'' in the matter preceding 
     paragraph (1) and inserting ``only for the following:'';
       (2) by striking ``an'' at the beginning of paragraph (1) 
     and inserting ``An'';
       (3) by striking ``personnel'' in paragraphs (2) and (6) and 
     inserting ``Personnel'';
       (4) by striking ``a'' at the beginning of paragraphs (3), 
     (4), (5), and (7) and inserting ``A'';
       (5) by striking the semicolon at the end of paragraphs (1) 
     through (5) and inserting a period;
       (6) by striking ``; or'' at the end of paragraph (6) and 
     inserting a period; and
       (7) by striking ``1752(1))'' in paragraph (7) and inserting 
     ``1752(1)))''.

     SEC. 1207. REQUIREMENTS FOR TRANSFER TO FOREIGN COUNTRIES OF 
                   CERTAIN SPECIFIED TYPES OF EXCESS AIRCRAFT.

       (a) Expansion of Transfer Requirement.--Section 2581 of 
     title 10, United States Code, is amended--
       (1) in subsection (a)(1), by striking ``UH-1 Huey 
     helicopter or AH-1 Cobra helicopter'' and inserting ``UH-1 
     Huey aircraft, AH-1 Cobra aircraft, T-2 Buckeye aircraft, or 
     T-37 Tweet aircraft''; and
       (2) by striking ``helicopter'' each subsequent place it 
     appears in such section and inserting ``aircraft''.
       (b) Clerical Amendments.--(1) The heading of such section 
     is amended to read as follows:

     ``Sec. 2581. Specified excess aircraft: requirements for 
       transfer to foreign countries''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 153 of such title is 
     amended to read as follows:

``2581. Specified excess aircraft: requirements for transfer to foreign 
              countries.''.

     SEC. 1208. LIMITATION ON NUMBER OF UNITED STATES MILITARY 
                   PERSONNEL IN COLOMBIA.

       (a) Limitation.--None of the funds available to the 
     Department of Defense for any fiscal year may be used to 
     support or maintain more than 500 members of the Armed Forces 
     on duty in the Republic of Colombia at any time.
       (b) Exclusion of Certain Members.--For purposes of 
     determining compliance with the limitation in subsection (a), 
     the Secretary of Defense may exclude the following military 
     personnel:

[[Page 12533]]

       (1) A member of the Armed Forces in the Republic of 
     Colombia for the purpose of rescuing or retrieving United 
     States military or civilian Government personnel, except that 
     the period for which such a member may be so excluded may not 
     exceed 30 days unless expressly authorized by law.
       (2) A member of the Armed Forces assigned to the United 
     States Embassy in Colombia as an attache, as a member of the 
     security assistance office, or as a member of the Marine 
     Corps security contingent.
       (3) A member of the Armed Forces in Colombia to participate 
     in relief efforts in responding to a natural disaster.
       (4) Nonoperational transient military personnel.
       (5) A member of the Armed Forces making a port call from a 
     military vessel in Colombia.
       (c) National Security Waiver.--(1) The Secretary of Defense 
     may waive the limitation in subsection (a) if the Secretary 
     determines that such waiver is in the national security 
     interest of the United States.
       (2) The Secretary shall notify the congressional defense 
     committees not later than 15 days after the date of the 
     exercise of the waiver authority under paragraph (1).

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

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

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

     SEC. 1302. FUNDING ALLOCATIONS.

       (a) Funding for Specific Purposes.--Of the $450,800,000 
     authorized to be appropriated to the Department of Defense 
     for fiscal year 2004 in section 301(19) for Cooperative 
     Threat Reduction programs, the following amounts may be 
     obligated for the purposes specified:
       (1) For strategic offensive arms elimination in Russia, 
     $86,400,000.
       (2) For strategic nuclear arms elimination in Ukraine, 
     $3,900,000.
       (3) For nuclear weapons transportation security in Russia, 
     $23,200,000.
       (4) For nuclear weapons storage security in Russia, 
     $48,000,000.
       (5) For activities designated as Other Program Support, 
     $13,100,000.
       (6) For defense and military contacts, $11,100,000.
       (7) For chemical weapons destruction in Russia, 
     $171,500,000.
       (8) For biological weapons proliferation prevention in the 
     former Soviet Union, $54,200,000.
       (9) For weapons of mass destruction proliferation 
     prevention in the states of the former Soviet Union, 
     $39,400,000.
       (b) Report on Obligation or Expenditure of Funds for Other 
     Purposes.--No fiscal year 2004 Cooperative Threat Reduction 
     funds may be obligated or expended for a purpose other than a 
     purpose listed in paragraphs (1) through (9) of subsection 
     (a) until 30 days after the date that the Secretary of 
     Defense submits to Congress a report on the purpose for which 
     the funds will be obligated or expended and the amount of 
     funds to be obligated or expended. Nothing in the preceding 
     sentence shall be construed as authorizing the obligation or 
     expenditure of fiscal year 2004 Cooperative Threat Reduction 
     funds for a purpose for which the obligation or expenditure 
     of such funds is specifically prohibited under this title or 
     any other provision of law.
       (c) Limited Authority To Vary Individual Amounts.--(1) 
     Subject to paragraphs (2) and (3), in any case in which the 
     Secretary of Defense determines that it is necessary to do so 
     in the national interest, the Secretary may obligate amounts 
     appropriated for fiscal year 2004 for a purpose listed in any 
     of the paragraphs in subsection (a) in excess of the specific 
     amount authorized for that purpose.
       (2) An obligation of funds for a purpose stated in any of 
     the paragraphs in subsection (a) in excess of the specific 
     amount authorized for such purpose may be made using the 
     authority provided in paragraph (1) only after--
       (A) the Secretary submits to Congress notification of the 
     intent to do so together with a complete discussion of the 
     justification for doing so; and
       (B) 15 days have elapsed following the date of the 
     notification.
       (3) The Secretary may not, under the authority provided in 
     paragraph (1), obligate amounts for a purpose stated in any 
     of paragraphs (5) through (8) of subsection (a) in excess of 
     125 percent of the specific amount authorized for such 
     purpose.

     SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL CERTAIN PERMITS 
                   OBTAINED.

       (a) Limitation on Use of Funds.--With respect to a new 
     project or an incomplete project carried out by the 
     Department of Defense under Cooperative Threat Reduction 
     programs, not more than 35 percent of the total costs of the 
     project may be obligated or expended from Cooperative Threat 
     Reduction funds for any fiscal year until--
       (1) the Secretary of Defense determines--
       (A) in the case of a new project, the number and type of 
     permits that may be required for the lifetime of the project 
     in the proposed location or locations of the project; and
       (B) in the case of an incomplete project, the number and 
     type of permits that may be required for the remaining 
     lifetime of the project; and
       (2) the government of the state of the former Soviet Union 
     in which the project is being or is proposed to be carried 
     out obtains and transmits copies of all such permits to the 
     Department of Defense.
       (b) Definitions.--In this section, with respect to a 
     project under Cooperative Threat Reduction programs:
       (1) New project.--The term ``new project'' means a project 
     for which no funds have been obligated or expended as of the 
     date of the enactment of this Act.
       (2) Incomplete project.--The term ``incomplete project'' 
     means a project for which funds have been obligated or 
     expended before the date of the enactment of this Act and 
     which is not completed as of such date.
       (3) Permit.--The term ``permit'' means any local or 
     national permit for development, general construction, 
     environmental, land use, or other purposes that is required 
     in the state of the former Soviet Union in which the project 
     is being or is proposed to be carried out.

     SEC. 1304. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL RESEARCH 
                   IN THE FORMER SOVIET UNION.

       Of the funds authorized to be appropriated for biological 
     weapons proliferation prevention pursuant to section 1302, no 
     funds may be obligated for cooperative biodefense research or 
     bioattack early warning and preparedness under a Cooperative 
     Threat Reduction program at a site in a state of the former 
     Soviet Union until the Secretary of Defense notifies Congress 
     that--
       (1) the Secretary has determined, through access to the 
     site, that no biological weapons research prohibited by 
     international law is being conducted at the site;
       (2) the Secretary has assessed the vulnerability of the 
     site to external or internal attempts to exploit or obtain 
     dangerous pathogens illicitly; and
       (3) the Secretary has begun to implement appropriate 
     security measures at the site to reduce that vulnerability 
     and to prevent the diversion of dangerous pathogens from 
     legitimate research.

     SEC. 1305. AUTHORITY AND FUNDS FOR NONPROLIFERATION AND 
                   DISARMAMENT.

       The Secretary of Defense is authorized to transfer 
     $50,000,000 in prior year Cooperative Threat Reduction funds 
     from the Department of Defense to the Department of State 
     Nonproliferation and Disarmament Fund for disarmament and 
     nonproliferation purposes outside the territory of the former 
     Soviet Union.

     SEC. 1306. REQUIREMENT FOR ON-SITE MANAGERS.

       (a) On-Site Manager Requirement.--Before obligating any 
     Cooperative Threat Reduction funds for a project described in 
     subsection (b), the Secretary of Defense shall appoint a 
     United States Federal Government employee as an on-site 
     manager.
       (b) Projects Covered.--Subsection (a) applies to a 
     project--
       (1) to be located in a state of the former Soviet Union;
       (2) which involves dismantlement, destruction, or storage 
     facilities, or construction of a facility; and
       (3) with respect to which the total contribution by the 
     Department of Defense is expected to exceed $25,000,000.
       (c) Duties of On-Site Manager.--The on-site manager 
     appointed under subsection (a) shall--
       (1) develop, in cooperation with representatives from 
     governments of countries participating in the project, a list 
     of those steps or activities critical to achieving the 
     project's disarmament or nonproliferation goals;
       (2) establish a schedule for completing those steps or 
     activities;
       (3) meet with all participants to seek assurances that 
     those steps or activities are being completed on schedule; 
     and
       (4) suspend United States participation in a project when a 
     non-United States participant fails to complete a scheduled 
     step or activity on time, unless directed by the Secretary of 
     Defense to resume United States participation.
       (d) Steps or Activities.--Steps or activities referred to 
     in subsection (c)(1) are those activities that, if not 
     completed, will prevent a project from achieving its 
     disarmament or nonproliferation goals, including, at a 
     minimum, the following:
       (1) Identification and acquisition of permits (as defined 
     in section 1303(b)).
       (2) Verification that the items, substances, or 
     capabilities to be dismantled, secured, or otherwise modified 
     are available for dismantlement, securing, or modification.
       (3) Timely provision of financial, personnel, management, 
     transportation, and other resources.
       (e) Notification to Congress.--In any case in which the 
     Secretary of Defense directs an on-site manager to resume 
     United States participation in a project under subsection 
     (c)(4), the Secretary shall concurrently notify Congress of 
     such direction.

[[Page 12534]]

       (f) Effective Date.--This section shall take effect six 
     months after the date of the enactment of this Act.

     SEC. 1307. PROVISIONS RELATING TO FUNDING FOR CHEMICAL 
                   WEAPONS DESTRUCTION FACILITY IN RUSSIA.

       (a) Inapplicability of Limitation on Use of Funds.--(1) The 
     conditions described in section 1305 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 
     U.S.C. 5952 note) shall not apply to the obligation and 
     expenditure of funds available for obligation during fiscal 
     year 2004 for the planning, design, or construction of a 
     chemical weapons destruction facility in Russia if the 
     President submits to Congress a written certification that 
     includes--
       (A) a statement as to why waiving the conditions is 
     important to the national security interests of the United 
     States;
       (B) a full and complete justification for exercising this 
     waiver; and
       (C) a plan to promote a full and accurate disclosure by 
     Russia regarding the size, content, status, and location of 
     its chemical weapons stockpile.
       (2) The authority under paragraph (1) shall expire on 
     September 30, 2004.
       (b) Availability of Funds.--(1) Except as provided in 
     paragraph (2), of the funds that may be obligated for a 
     chemical weapons destruction facility in Russia as specified 
     in section 1302(a)(7), the Secretary of Defense may not 
     obligate an amount greater than two times the amount 
     obligated by Russia and any other state for the planning, 
     design, construction, or operation of a chemical weapons 
     destruction facility in Russia.
       (2) Of the funds that may be obligated for a chemical 
     weapons destruction facility in Russia as specified in 
     section 1302(a)(7), $71,500,000 shall be available for 
     obligation on and after October 1, 2003.

                 TITLE XIV--SERVICES ACQUISITION REFORM

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``Services Acquisition 
     Reform Act of 2003''.

     SEC. 1402. EXECUTIVE AGENCY DEFINED.

       In this title, the term ``executive agency'' has the 
     meaning given that term in section 4(1) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(1)), unless 
     specifically stated otherwise.

             Subtitle A--Acquisition Workforce and Training

     SEC. 1411. DEFINITION OF ACQUISITION.

       Section 4 of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 403) is amended by adding at the end the 
     following:
       ``(16) The term `acquisition'--
       ``(A) means the process of acquiring, with appropriated 
     funds, by contract for purchase or lease, property or 
     services (including construction) that support the missions 
     and goals of an executive agency, from the point at which the 
     requirements of the executive agency are established in 
     consultation with the chief acquisition officer of the 
     executive agency; and
       ``(B) includes--
       ``(i) the process of acquiring property or services that 
     are already in existence, or that must be created, developed, 
     demonstrated, and evaluated;
       ``(ii) the description of requirements to satisfy agency 
     needs;
       ``(iii) solicitation and selection of sources;
       ``(iv) award of contracts;
       ``(v) contract performance;
       ``(vi) contract financing:
       ``(vii) management and measurement of contract performance 
     through final delivery and payment; and
       ``(viii) technical and management functions directly 
     related to the process of fulfilling agency requirements by 
     contract.''.

     SEC. 1412. ACQUISITION WORKFORCE TRAINING FUND.

       (a) Purposes.--The purposes of this section are to ensure 
     that the Federal acquisition workforce--
       (1) adapts to fundamental changes in the nature of Federal 
     Government acquisition of property and services associated 
     with the changing roles of the Federal Government; and
       (2) acquires new skills and a new perspective to enable it 
     to contribute effectively in the changing environment of the 
     21st century.
       (b) Establishment of Fund.--Section 37 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 433) is amended by 
     adding at the end of subsection (h) the following new 
     paragraph:
       ``(3) Acquisition workforce training fund.--(A) The 
     Administrator of General Services shall establish an 
     acquisition workforce training fund. The Administrator shall 
     manage the fund through the Federal Acquisition Institute to 
     support the training of the acquisition workforce of the 
     executive agencies other than the Department of Defense. The 
     Administrator shall consult with the Administrator for 
     Federal Procurement Policy in managing the fund.
       ``(B) There shall be credited to the acquisition workforce 
     training fund 5 percent of the fees collected by executive 
     agencies (other than the Department of Defense) under the 
     following contracts:
       ``(i) Governmentwide task and delivery-order contracts 
     entered into under sections 303H and 303I of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     253h and 253i).
       ``(ii) Governmentwide contracts for the acquisition of 
     information technology as defined in section 11101 of title 
     40, United States Code, and multiagency acquisition contracts 
     for such technology authorized by section 11314 of such 
     title.
       ``(iii) Multiple-award schedule contracts entered into by 
     the Administrator of General Services.
       ``(C) The head of an executive agency that administers a 
     contract described in subparagraph (B) shall remit to the 
     General Services Administration the amount required to be 
     credited to the fund with respect to such contract at the end 
     of each quarter of the fiscal year.
       ``(D) The Administrator of General Services, through the 
     Office of Federal Acquisition Policy, shall ensure that funds 
     collected for training under this section are not used for 
     any purpose other than the purpose specified in subparagraph 
     (A).
       ``(E) Amounts credited to the fund shall be in addition to 
     funds requested and appropriated for education and training 
     referred to in paragraph (1).
       ``(F) Amounts credited to the fund shall remain available 
     until expended.''.
       (c) Exception.--This section and the amendments made by 
     this section shall not apply to the acquisition workforce of 
     the Department of Defense.

     SEC. 1413. ACQUISITION WORKFORCE RECRUITMENT PROGRAM.

       (a) Authority To Carry Out Program.--For purposes of 
     sections 3304, 5333, and 5753 of title 5, United States Code, 
     the head of a department or agency of the United States 
     (including the Secretary of Defense) may determine that 
     certain Federal acquisition positions are ``shortage 
     category'' positions in order to recruit and appoint directly 
     to positions of employment in the department or agency highly 
     qualified persons, such as any person who--
       (1) holds a bachelor's degree from an accredited 
     institution of higher education;
       (2) holds, from an accredited law school or an accredited 
     institution of higher education--
       (A) a law degree; or
       (B) a masters or equivalent degree in business 
     administration, public administration, or systems 
     engineering; or
       (3) has significant experience with commercial acquisition 
     practices, terms, and conditions.
       (b) Requirements.--The exercise of authority to take a 
     personnel action under this section shall be subject to 
     policies prescribed by the Office of Personnel Management 
     that govern direct recruitment, including policies requiring 
     appointment of a preference eligible who satisfies the 
     qualification requirements.
       (c) Termination of Authority.--The head of a department or 
     agency may not appoint a person to a position of employment 
     under this section after September 30, 2007.
       (d) Report.--Not later than March 31, 2007, the 
     Administrator for Federal Procurement Policy shall submit to 
     Congress a report on the implementation of this section. The 
     report shall include--
       (1) the Administrator's assessment of the efficacy of the 
     exercise of the authority provided in this section in 
     attracting employees with unusually high qualifications to 
     the acquisition workforce; and
       (2) any recommendations considered appropriate by the 
     Administrator on whether the authority to carry out the 
     program should be extended.

     SEC. 1414. ARCHITECTURAL AND ENGINEERING ACQUISITION 
                   WORKFORCE.

       The Administrator for Federal Procurement Policy, in 
     consultation with the Secretary of Defense, the Administrator 
     of General Services, and the Director of the Office of 
     Personnel Management, shall develop and implement a plan to 
     ensure that the Federal Government maintains the necessary 
     capability with respect to the acquisition of architectural 
     and engineering services to--
       (1) ensure that Federal Government employees have the 
     expertise to determine agency requirements for such services;
       (2) establish priorities and programs (including 
     acquisition plans);
       (3) establish professional standards;
       (4) develop scopes of work; and
       (5) award and administer contracts for such services.

        Subtitle B--Adaptation of Business Acquisition Practices

          PART I--ADAPTATION OF BUSINESS MANAGEMENT PRACTICES

     SEC. 1421. CHIEF ACQUISITION OFFICERS.

       (a) Appointment of Chief Acquisition Officers.--(1) Section 
     16 of the Office of Federal Procurement Policy Act (41 U.S.C. 
     414) is amended to read as follows:

     ``SEC. 16. CHIEF ACQUISITION OFFICERS.

       ``(a) Establishment of Agency Chief Acquisition Officers.--
     The head of each executive agency (other than the Department 
     of Defense) shall appoint or designate a non-career employee 
     as Chief Acquisition Officer for the agency, who shall--
       ``(1) have acquisition management as that official's 
     primary duty; and
       ``(2) advise and assist the head of the executive agency 
     and other agency officials to ensure that the mission of the 
     executive agency is achieved through the management of the 
     agency's acquisition activities.
       ``(b) Authority and Functions of Agency Chief Acquisition 
     Officers.--The functions of each Chief Acquisition Officer 
     shall include--
       ``(1) monitoring the performance of acquisition activities 
     and acquisition programs of the executive agency, evaluating 
     the performance of those programs on the basis of applicable 
     performance measurements, and advising the head of the 
     executive agency regarding the appropriate business strategy 
     to achieve the mission of the executive agency;

[[Page 12535]]

       ``(2) increasing the use of full and open competition in 
     the acquisition of property and services by the executive 
     agency by establishing policies, procedures, and practices 
     that ensure that the executive agency receives a sufficient 
     number of sealed bids or competitive proposals from 
     responsible sources to fulfill the Government's requirements 
     (including performance and delivery schedules) at the best 
     value considering the nature of the property or service 
     procured;
       ``(3) making acquisition decisions consistent with all 
     applicable laws and establishing clear lines of authority, 
     accountability, and responsibility for acquisition 
     decisionmaking within the executive agency;
       ``(4) managing the direction of acquisition policy for the 
     executive agency, including implementation of the unique 
     acquisition policies, regulations, and standards of the 
     executive agency;
       ``(5) developing and maintaining an acquisition career 
     management program in the executive agency to ensure that 
     there is an adequate professional workforce; and
       ``(6) as part of the strategic planning and performance 
     evaluation process required under section 306 of title 5, 
     United States Code, and sections 1105(a)(28), 1115, 1116, and 
     9703 of title 31, United States Code--
       ``(A) assessing the requirements established for agency 
     personnel regarding knowledge and skill in acquisition 
     resources management and the adequacy of such requirements 
     for facilitating the achievement of the performance goals 
     established for acquisition management;
       ``(B) in order to rectify any deficiency in meeting such 
     requirements, developing strategies and specific plans for 
     hiring, training, and professional development; and
       ``(C) reporting to the head of the executive agency on the 
     progress made in improving acquisition management 
     capability.''.
       (2) The item relating to section 16 in the table of 
     contents in section 1(b) of such Act is amended to read as 
     follows:

``Sec. 16. Chief Acquisition Officers.''.
       (b) References to Senior Procurement Executive.--
       (1) Amendment to the office of federal policy act.--
       (A) Subsections (a)(2)(A) and (b) of section 20 of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 
     418(a)(2)(A), (b)) are amended by striking ``senior 
     procurement executive'' each place it appears and inserting 
     ``Chief Acquisition Officer''.
       (B) Subsection (c)(2)(A)(ii) of section 29 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 425(c)(2)(A)(ii)) 
     is amended by striking ``senior procurement executive'' and 
     inserting ``Chief Acquisition Officer''.
       (C) Subsection (c) of section 37 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 433(c)) is amended--
       (i) by striking ``Senior Procurement Executive'' in the 
     heading and inserting ``Chief Acquisition Officer''; and
       (ii) by striking ``senior procurement executive'' each 
     place it appears and inserting ``Chief Acquisition Officer''.
       (2) Amendment to title iii of the federal property and 
     administrative services act of 1949.--Sections 302C(b) and 
     303(f)(1)(B)(iii) of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 252c, 253) are amended by 
     striking ``senior procurement executive'' each place it 
     appears and inserting ``Chief Acquisition Officer''.
       (3) Amendment to title 10, united states code.--The 
     following sections of title 10, United States Code are 
     amended by striking ``senior procurement executive'' each 
     place it appears and inserting ``Chief Acquisition Officer'':
       (A) Section 133(c)(1).
       (B) Subsections (d)(2)(B) and (f)(1) of section 2225.
       (C) Section 2302c(b).
       (D) Section 2304(f)(1)(B)(iii).
       (E) Section 2359a(i).
       (4) References.--Any reference to a senior procurement 
     executive of a department or agency of the United States in 
     any other provision of law or regulation, document, or record 
     of the United States shall be deemed to be a reference to the 
     Chief Acquisition Officer of the department or agency.
       (c) Technical Correction.--Section 1115(a) of title 31, 
     United States Code, is amended by striking ``section 
     1105(a)(29)'' and inserting ``section 1105(a)(28)''.

     SEC. 1422. CHIEF ACQUISITION OFFICERS COUNCIL.

       (a) Establishment of Council.--The Office of Federal 
     Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by 
     inserting after section 16 the following new section:

     ``SEC. 16A. CHIEF ACQUISITION OFFICERS COUNCIL.

       ``(a) Establishment.--There is established in the executive 
     branch a Chief Acquisition Officers Council.
       ``(b) Membership.--The members of the Council shall be as 
     follows:
       ``(1) The Deputy Director for Management of the Office of 
     Management and Budget, who shall act as Chairman of the 
     Council.
       ``(2) The Administrator for Federal Procurement Policy.
       ``(3) The chief acquisition officer of each executive 
     agency.
       ``(4) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics.
       ``(5) Any other officer or employee of the United States 
     designated by the Chairman.
       ``(c) Leadership; Support.--(1) The Administrator for 
     Federal Procurement Policy shall lead the activities of the 
     Council on behalf of the Deputy Director for Management.
       ``(2)(A) The Vice Chairman of the Council shall be selected 
     by the Council from among its members.
       ``(B) The Vice Chairman shall serve a 1-year term, and may 
     serve multiple terms.
       ``(3) The Administrator of General Services shall provide 
     administrative and other support for the Council.
       ``(d) Principal Forum.--The Council is designated the 
     principal interagency forum for monitoring and improving the 
     Federal acquisition system.
       ``(e) Functions.--The Council shall perform functions that 
     include the following:
       ``(1) Develop recommendations for the Director of the 
     Office of Management and Budget on Federal acquisition 
     policies and requirements.
       ``(2) Share experiences, ideas, best practices, and 
     innovative approaches related to Federal acquisition.
       ``(3) Assist the Administrator in the identification, 
     development, and coordination of multiagency projects and 
     other innovative initiatives to improve Federal acquisition.
       ``(4) Promote effective business practices that ensure the 
     timely delivery of best value products to the Federal 
     Government and achieve appropriate public policy objectives.
       ``(5) Further integrity, fairness, competition, openness, 
     and efficiency in the Federal acquisition system.
       ``(6) Work with the Office of Personnel Management to 
     assess and address the hiring, training, and professional 
     development needs of the Federal Government related to 
     acquisition.
       ``(7) Work with the Administrator and the Federal 
     Acquisition Regulatory Council to promote the business 
     practices referred to in paragraph (4) and other results of 
     the functions carried out under this subsection.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 16 the following new item:

``Sec. 16A. Chief Acquisition Officers Council.''.

     SEC. 1423. STATUTORY AND REGULATORY REVIEW.

       (a) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the Administrator for Federal 
     Procurement Policy shall establish an advisory panel to 
     review laws and regulations regarding the use of commercial 
     practices, performance-based contracting, the performance of 
     acquisition functions across agency lines of responsibility, 
     and the use of Governmentwide contracts.
       (b) Membership.--The panel shall be composed of at least 
     nine individuals who are recognized experts in acquisition 
     law and Government acquisition policy. In making appointments 
     to the panel, the Administrator shall--
       (1) consult with the Secretary of Defense, the 
     Administrator of General Services, the Committees on Armed 
     Services and Government Reform of the House of 
     Representatives, and the Committees on Armed Services and 
     Governmental Affairs of the Senate, and
       (2) ensure that the members of the panel reflect the 
     diverse experiences in the public and private sectors.
       (c) Duties.--The panel shall--
       (1) review all Federal acquisition laws and regulations 
     with a view toward ensuring effective and appropriate use of 
     commercial practices and performance-based contracting; and
       (2) make any recommendations for the repeal or amendment of 
     such laws or regulations that are considered necessary as a 
     result of such review--
       (A) to eliminate any provisions in such laws or regulations 
     that are unnecessary for the effective, efficient, and fair 
     award and administration of contracts for the acquisition by 
     the Federal Government of goods and services;
       (B) to ensure the continuing financial and ethical 
     integrity of acquisitions by the Federal Government; and
       (C) to protect the best interests of the Federal 
     Government.
       (d) Report.--Not later than one year after the 
     establishment of the panel, the panel shall submit to the 
     Administrator and to the Committees on Armed Services and 
     Government Reform of the House of Representatives and the 
     Committees on Armed Services and Governmental Affairs of the 
     Senate a report containing a detailed statement of the 
     findings, conclusions, and recommendations of the panel.

                PART II--OTHER ACQUISITION IMPROVEMENTS

     SEC. 1426. EXTENSION OF AUTHORITY TO CARRY OUT FRANCHISE FUND 
                   PROGRAMS.

       Section 403(f) of the Federal Financial Management Act of 
     1994 (Public Law 103-356; 31 U.S.C. 501 note) is amended by 
     striking ``October 1, 2003'' and inserting ``October 1, 
     2006''.

     SEC. 1427. AGENCY ACQUISITION PROTESTS.

       (a) Defense Contracts.--(1) Chapter 137 of title 10, United 
     States Code, is amended by inserting after section 2305a the 
     following new section:

     ``Sec. 2305b. Protests

       ``(a) In General.--An interested party may protest an 
     acquisition of supplies or services by an agency based on an 
     alleged violation of an acquisition law or regulation, and a 
     decision regarding such alleged violation shall be made by 
     the agency in accordance with this section.
       ``(b) Restriction on Contract Award Pending Decision.--(1) 
     Except as provided in paragraph (2), a contract may not be 
     awarded by an agency after a protest concerning the 
     acquisition has been submitted under this section and while 
     the protest is pending.

[[Page 12536]]

       ``(2) The head of the acquisition activity responsible for 
     the award of the contract may authorize the award of a 
     contract, notwithstanding pending protest under this section, 
     upon making a written finding that urgent and compelling 
     circumstances do not allow for waiting for a decision on the 
     protest.
       ``(c) Restriction on Contract Performance Pending 
     Decision.--(1) Except as provided in paragraph (2), 
     performance of a contract may not be authorized (and 
     performance of the contract shall cease if performance has 
     already begun) in any case in which a protest of the contract 
     award is submitted under this section before the later of--
       ``(A) the date that is 10 days after the date of contract 
     award; or
       ``(B) the date that is five days after an agency debriefing 
     date offered to an unsuccessful offeror for any debriefing 
     that is requested and, when requested, is required, under 
     section 2305(b)(5) of this title.
       ``(2) The head of the acquisition activity responsible for 
     the award of a contract may authorize performance of the 
     contract notwithstanding a pending protest under this section 
     upon making a written finding that urgent and compelling 
     circumstances do not allow for waiting for a decision on the 
     protest.
       ``(d) Deadline for Decision.--The head of an agency shall 
     issue a decision on a protest under this section not later 
     than the date that is 20 working days after the date on which 
     the protest is submitted to such head of an agency.
       ``(e) Construction.--Nothing in this section shall affect 
     the right of an interested party to file a protest with the 
     Comptroller General under subchapter V of chapter 35 of title 
     31 or in the United States Court of Federal Claims.
       ``(f) Definitions.--In this section, the terms `protest' 
     and `interested party' have the meanings given such terms in 
     section 3551 of title 31.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2305a the following new item:

``2305b. Protests.''.
       (b) Other Agencies.--Title III of the Federal Property and 
     Administrative Services Act of 1949 is amended by inserting 
     after section 303M (41 U.S.C. 253m) the following new 
     section:

     ``SEC. 303N. PROTESTS.

       ``(a) In General.--An interested party may protest an 
     acquisition of supplies or services by an executive agency 
     based on an alleged violation of an acquisition law or 
     regulation, and a decision regarding such alleged violation 
     shall be made by the agency in accordance with this section.
       ``(b) Restriction on Contract Award Pending Decision.--(1) 
     Except as provided in paragraph (2), a contract may not be 
     awarded by an agency after a protest concerning the 
     acquisition has been submitted under this section and while 
     the protest is pending.
       ``(2) The head of the acquisition activity responsible for 
     the award of a contract may authorize the award of the 
     contract, notwithstanding a pending protest under this 
     section, upon making a written finding that urgent and 
     compelling circumstances do not allow for waiting for a 
     decision on the protest.
       ``(c) Restriction on Contract Performance Pending 
     Decision.--(1) Except as provided in paragraph (2), 
     performance of a contract may not be authorized (and 
     performance of the contract shall cease if performance has 
     already begun) in any case in which a protest of the contract 
     award is submitted under this section before the later of--
       ``(A) the date that is 10 days after the date of contract 
     award; or
       ``(B) the date that is five days after an agency debriefing 
     date offered to an unsuccessful offeror for any debriefing 
     that is requested and, when requested, is required, under 
     section 303B(e) of this title.
       ``(2) The head of the acquisition activity responsible for 
     the award of a contract may authorize performance of the 
     contract notwithstanding a pending protest under this section 
     upon making a written finding that urgent and compelling 
     circumstances do not allow for waiting for a decision on the 
     protest.
       ``(d) Deadline for Decision.--The head of an executive 
     agency shall issue a decision on a protest under this section 
     not later than the date that is 20 working days after the 
     date on which the protest is submitted to the executive 
     agency.
       ``(e) Construction.--Nothing in this section shall affect 
     the right of an interested party to file a protest with the 
     Comptroller General under subchapter V of chapter 35 of title 
     31, United States Code, or in the United States Court of 
     Federal Claims.
       ``(f) Definitions.--In this section, the terms `protest' 
     and `interested party' have the meanings given such terms in 
     section 3551 of title 31, United States Code.''.
       (c) Conforming Amendment.--Section 3553(d)(4) of title 31, 
     United States Code, is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) by striking the period at the end of subparagraph (B) 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(C) in the case of a protest of the same matter regarding 
     such contract that is submitted under section 2305b of title 
     10 or section 303N of the Federal Property and Administrative 
     Services Act of 1949, the date that is 5 days after the date 
     on which a decision on that protest is issued.''.

     SEC. 1428. IMPROVEMENTS IN CONTRACTING FOR ARCHITECTURAL AND 
                   ENGINEERING SERVICES.

       (a) Title 10.--Section 2855(b) of title 10, United States 
     Code, is amended--
       (1) in paragraph (2), by striking ``$85,000'' and inserting 
     ``$300,000''; and
       (2) by adding at the end the following new paragraph:
       ``(4) The selection and competition requirements described 
     in subsection (a) shall apply to any contract for 
     architectural and engineering services (including surveying 
     and mapping services) that is entered into by the head of an 
     agency (as such term is defined in section 2302 of this 
     title).''.
       (b) Architectural and Engineering Services.--Architectural 
     and engineering services (as defined in section 1102 of title 
     40, United States Code) shall not be offered under multiple-
     award schedule contracts entered into by the Administrator of 
     General Services or under Governmentwide task and delivery-
     order contracts entered into under sections 2304a and 2304b 
     of title 10, United States Code, or sections 303H and 303I of 
     the Federal Property and Administrative Services Act of 1949 
     (41 U.S.C. 253h and 253i) unless such services--
       (1) are performed under the direct supervision of a 
     professional engineer licensed in a State; and
       (2) are awarded in accordance with the selection procedures 
     set forth in chapter 11 of title 40, United States Code.

     SEC. 1429. AUTHORIZATION OF TELECOMMUTING FOR FEDERAL 
                   CONTRACTORS.

       (a) Amendment to the Federal Acquisition Regulation.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Federal Acquisition Regulatory Council shall amend 
     the Federal Acquisition Regulation issued in accordance with 
     sections 6 and 25 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 405 and 421) to permit telecommuting by 
     employees of Federal Government contractors in the 
     performance of contracts entered into with executive 
     agencies.
       (b) Content of Amendment.--The regulation issued pursuant 
     to subsection (a) shall, at a minimum, provide that 
     solicitations for the acquisition of property or services may 
     not set forth any requirement or evaluation criteria that 
     would--
       (1) render an offeror ineligible to enter into a contract 
     on the basis of the inclusion of a plan of the offeror to 
     permit the offeror's employees to telecommute; or
       (2) reduce the scoring of an offer on the basis of the 
     inclusion in the offer of a plan of the offeror to permit the 
     offeror's employees to telecommute, unless the contracting 
     officer concerned first--
       (A) determines that the requirements of the agency, 
     including the security requirements of the agency, cannot be 
     met if the telecommuting is permitted; and
       (B) documents in writing the basis for that determination.
       (c) GAO Report.--Not later than one year after the date on 
     which the regulation required by subsection (a) is published 
     in the Federal Register, the Comptroller General shall submit 
     to Congress--
       (1) an evaluation of--
       (A) the conformance of the regulations with law; and
       (B) the compliance by executive agencies with the 
     regulations; and
       (2) any recommendations that the Comptroller General 
     considers appropriate.
       (d) Definition.--In this section, the term ``executive 
     agency'' has the meaning given that term in section 4 of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 403).

                    Subtitle C--Contract Incentives

     SEC. 1431. INCENTIVES FOR CONTRACT EFFICIENCY.

       (a) Incentives for Contract Efficiency.--The Office of 
     Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 41. INCENTIVES FOR EFFICIENT PERFORMANCE OF SERVICES 
                   CONTRACTS.

       ``(a) Options for Services Contracts.--An option included 
     in a contract for services to extend the contract by one or 
     more periods may provide that it be exercised on the basis of 
     exceptional performance by the contractor. A contract that 
     contains such an option provision shall include performance 
     standards for measuring performance under the contract, and 
     to the maximum extent practicable be performance-based. Such 
     option provision shall only be exercised in accordance with 
     applicable provisions of law or regulation that set forth 
     restrictions on the duration of the contract containing the 
     option.
       ``(b) Definition of Performance-Based.--In this section, 
     the term `performance-based', with respect to a contract, 
     task order, or contracting, means that the contract, task 
     order, or contracting, respectively, includes the use of 
     performance work statements that set forth contract 
     requirements in clear, specific, and objective terms with 
     measurable outcomes.''.
       (b) Clerical and Technical Amendments.--(1) The table of 
     contents in section 1(b) of such Act is amended by striking 
     the last item and inserting the following:

``Sec. 40. Protection of constitutional rights of contractors.
``Sec. 41. Incentives for efficient performance of services 
              contracts.''.
       (2) The section before section 41 of such Act (as added by 
     subsection (a)) is redesignated as section 40.

[[Page 12537]]



              Subtitle D--Acquisitions of Commercial Items

     SEC. 1441. ADDITIONAL INCENTIVE FOR USE OF PERFORMANCE-BASED 
                   CONTRACTING FOR SERVICES.

       (a) Other Contracts.--Section 41 of the Office of Federal 
     Procurement Policy Act, as added by section 1431, is 
     amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Incentive for Use of Performance-Based Services 
     Contracts.--(1) A performance-based contract for the 
     procurement of services entered into by an executive agency 
     or a performance-based task order for services issued by an 
     executive agency may be treated as a contract for the 
     procurement of commercial items if--
       ``(A) the contract or task order sets forth specifically 
     each task to be performed and, for each task--
       ``(i) defines the task in measurable, mission-related 
     terms; and
       ``(ii) identifies the specific end products or output to be 
     achieved; and
       ``(B) the source of the services provides similar services 
     to the general public under terms and conditions similar to 
     those offered to the Federal Government.
       ``(2) The regulations implementing this subsection shall 
     require agencies to collect and maintain reliable data 
     sufficient to identify the contracts or task orders treated 
     as contracts for commercial items using the authority of this 
     subsection. The data may be collected using the Federal 
     Procurement Data System or other reporting mechanism.
       ``(3) Not later than two years after the date of the 
     enactment of this subsection, the Director of the Office of 
     Management and Budget shall prepare and submit to the 
     Committees on Governmental Affairs and on Armed Services of 
     the Senate and the Committees on Government Reform and on 
     Armed Services of the House of Representatives a report on 
     the contracts or task orders treated as contracts for 
     commercial items using the authority of this subsection. The 
     report shall include data on the use of such authority both 
     government-wide and for each department and agency.
       ``(4) The authority under this subsection shall expire 10 
     years after the date of the enactment of this subsection.''.
       (b) Center of Excellence in Service Contracting.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Administrator for Federal Procurement Policy shall 
     establish a center of excellence in contracting for services. 
     The center of excellence shall assist the acquisition 
     community by identifying, and serving as a clearinghouse for, 
     best practices in contracting for services in the public and 
     private sectors.
       (c) Repeal of Superseded Provision.--Subsection (b) of 
     section 821 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-218) is repealed.

     SEC. 1442. AUTHORIZATION OF ADDITIONAL COMMERCIAL CONTRACT 
                   TYPES.

       Section 8002(d) of the Federal Acquisition Streamlining Act 
     of 1994 (Public Law 103-355; 108 Stat. 3387; 41 U.S.C. 264 
     note) is amended--
       (1) in paragraph (1), by striking ``and'';
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) authority for use of a time and materials contract or 
     a labor-hour contract for the procurement of commercial 
     services that are commonly sold to the general public through 
     such contracts.''

     SEC. 1443. CLARIFICATION OF COMMERCIAL SERVICES DEFINITION.

       Subparagraph (F) of section 4(12) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403(12)(F)) is amended--
       (1) by striking ``catalog or''; and
       (2) by inserting ``or specific outcomes to be achieved'' 
     after ``performed''.

     SEC. 1444. DESIGNATION OF COMMERCIAL BUSINESS ENTITIES.

       (a) In General.--Section 4 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403), as amended by section 
     1411, is further amended--
       (1) by adding at the end of paragraph (12) the following 
     new subparagraph:
       ``(I) Items or services produced or provided by a 
     commercial entity.''; and
       (2) by adding at the end the following new paragraph:
       ``(17) The term `commercial entity' means any enterprise 
     whose primary customers are other than the Federal 
     Government. In order to qualify as a commercial entity, at 
     least 90 percent (in dollars) of the sales of the enterprise 
     over the past three business years must have been made to 
     private sector entities.''.
       (b) Collection of Data.--Regulations implementing the 
     amendments made by subsection (a) shall require agencies to 
     collect and maintain reliable data sufficient to identify the 
     contracts entered into or task orders awarded for items or 
     services produced or provided by a commercial entity. The 
     data may be collected using the Federal Procurement Data 
     System or other reporting mechanism.
       (c) OMB Report.--Not later than two years after the date of 
     the enactment of this subsection, the Director of the Office 
     of Management and Budget shall prepare and submit to the 
     Committees on Governmental Affairs and on Armed Services of 
     the Senate and the Committees on Government Reform and on 
     Armed Services of the House of Representatives a report on 
     the contracts entered into or task orders awarded for items 
     or services produced or provided by a commercial entity. The 
     report shall include data on the use of such authority both 
     government-wide and for each department and agency.
       (d) Comptroller General Review.--The Comptroller General 
     shall review the implementation of the amendments made by 
     subsection (a) to evaluate the effectiveness of such 
     implementation in increasing the availability of items and 
     services to the Federal Government at fair and reasonable 
     prices.

                       Subtitle E--Other Matters

     SEC. 1451. AUTHORITY TO ENTER INTO CERTAIN PROCUREMENT-
                   RELATED TRANSACTIONS AND TO CARRY OUT CERTAIN 
                   PROTOTYPE PROJECTS.

       Title III of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 318. AUTHORITY TO ENTER INTO CERTAIN TRANSACTIONS FOR 
                   DEFENSE AGAINST OR RECOVERY FROM TERRORISM OR 
                   NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL 
                   ATTACK.

       ``(a) Authority.--
       ``(1) In general.--The head of an executive agency who 
     engages in basic research, applied research, advanced 
     research, and development projects that--
       ``(A) are necessary to the responsibilities of such 
     official's executive agency in the field of research and 
     development, and
       ``(B) have the potential to facilitate defense against or 
     recovery from terrorism or nuclear, biological, chemical, or 
     radiological attack,
     may exercise the same authority (subject to the same 
     restrictions and conditions) with respect to such research 
     and projects as the Secretary of Defense may exercise under 
     section 2371 of title 10, United States Code, except for 
     subsections (b) and (f) of such section 2371.
       ``(2) Prototype projects.--The head of an executive agency 
     may, under the authority of paragraph (1), carry out 
     prototype projects that meet the requirements of 
     subparagraphs (A) and (B) of paragraph (1) in accordance with 
     the requirements and conditions provided for carrying out 
     prototype projects under section 845 of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     10 U.S.C. 2371 note). In applying the requirements and 
     conditions of that section 845--
       ``(A) subsection (c) of that section shall apply with 
     respect to prototype projects carried out under this 
     paragraph; and
       ``(B) the Director of the Office of Management and Budget 
     shall perform the functions of the Secretary of Defense under 
     subsection (d) of that section.
       ``(3) Applicability to selected executive agencies.--
       ``(A) OMB authorization required.--The head of an executive 
     agency may exercise authority under this subsection only if 
     authorized by the Director of the Office of Management and 
     Budget to do so.
       ``(B) Relationship to authority of department of homeland 
     security.--The authority under this subsection shall not 
     apply to the Secretary of Homeland Security while section 831 
     of the Homeland Security Act of 2002 (Public Law 107-296; 116 
     Stat. 2224) is in effect.
       ``(b) Annual Report.--The annual report of the head of an 
     executive agency that is required under subsection (h) of 
     section 2371 of title 10, United States Code, as applied to 
     the head of the executive agency by subsection (a), shall be 
     submitted to the Committee on Governmental Affairs of the 
     Senate and the Committee on Government Reform of the House of 
     Representatives.
       ``(c) Regulations.--The Director of the Office of 
     Management and Budget shall prescribe regulations to carry 
     out this section.''.

     SEC. 1452. AUTHORITY TO MAKE INFLATION ADJUSTMENTS TO 
                   SIMPLIFIED ACQUISITION THRESHOLD.

       Section 4(11) of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 403(11)) is amended by inserting before the 
     period at the end the following: ``, except that such amount 
     may be adjusted by the Administrator every five years to the 
     amount equal to $100,000 in constant fiscal year 2003 dollars 
     (rounded to the nearest $10,000)''.

     SEC. 1453. TECHNICAL CORRECTIONS RELATED TO DUPLICATIVE 
                   AMENDMENTS.

       (a) Repeal of Superseded Subchapter and Related Conforming 
     Amendments.--(1) Subchapter II of chapter 35 of title 44, 
     United States Code, is repealed.
       (2) Subchapter III of such chapter is redesignated as 
     subchapter II.
       (3) Section 3549 of title 44, United States Code, is 
     amended by striking the sentence beginning with ``While this 
     subchapter''.
       (4) The table of sections at the beginning of chapter 35 of 
     title 44, United States Code, is amended--
       (A) by striking the items relating to sections 3531 through 
     3538; and
       (B) by striking the heading ``SUBCHAPTER III--INFORMATION 
     SECURITY''.
       (5) Section 2224a of title 10, United States Code, is 
     repealed, and the table of sections at the beginning of 
     chapter 131 of such title is amended by striking the item 
     relating to such section.
       (b) Conforming Amendments Related to Repeals of Share-in-
     Savings and Solutions-Based Contracting Pilot Programs.--(1) 
     Chapter 115 of title 40, United States Code, is repealed.

[[Page 12538]]

       (2) The table of chapters at the beginning of subtitle III 
     of such title is amended by striking the item relating to 
     chapter 115.
       (c) Amendments Made by E-Government Act Made Applicable.--
     The following provisions of law shall read as if the 
     amendments made by title X of the Homeland Security Act of 
     2002 (Public Law 107-296) to such provisions did not take 
     effect:
       (1) Section 2224 of title 10, United States Code.
       (2) Sections 20 and 21 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-3 and 278g-4).
       (3) Sections 11331 and 11332 of title 40, United States 
     Code.
       (4) Subtitle G of title X of the Floyd D. Spence National 
     Defense Authorization Act for Fiscal Year 2001 (Public Law 
     106-398; 44 U.S.C. 3531 note).
       (5) Sections 3504(g), 3505, and 3506(g) of title 44, United 
     States Code.
       (d) Correction of Cross Reference.--Section 2224(c) of 
     title 10, United States Code, as amended by section 
     301(c)(1)(B)(iii) of the E-Government Act of 2002 (Public Law 
     107-347; 116 Stat. 2955), is amended by striking ``subchapter 
     III'' and inserting ``subchapter II''.

     SEC. 1454. PROHIBITION ON USE OF QUOTAS.

       (a) In General.--After the date of enactment of this Act, 
     the Office of Management and Budget may not establish, apply, 
     or enforce any numerical goal, target, or quota for 
     subjecting the employees of a department or agency of the 
     Government to public-private competitions or converting such 
     employees or the work performed by such employees to 
     contractor performance under Office of Management and Budget 
     Circular A-76 or any other administrative regulation, 
     directive, or policy unless the goal, target, or quota is 
     based on considered research and sound analysis of past 
     activities and is consistent with the stated mission of the 
     department or agency.
       (b) Limitations.--Subsection (a) shall not--
       (1) otherwise affect the implementation or enforcement of 
     the Government Performance and Results Act of 1993 (107 Stat. 
     285); or
       (2) prevent any agency of the Executive branch from 
     subjecting work performed by Federal employees or private 
     contractors to public-private competition or conversions.

     SEC. 1455. APPLICABILITY OF CERTAIN PROVISIONS TO SOLE SOURCE 
                   CONTRACTS FOR GOODS AND SERVICES TREATED AS 
                   COMMERCIAL ITEMS.

       (a) In General.--Notwithstanding the amendments made by 
     subtitle D of this Act, no contract for the procurement of 
     services or goods awarded on a sole source basis shall be 
     exempt from--
       (1) cost accounting standards promulgated pursuant to 
     section 26 of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 422); and
       (2) cost or pricing data requirements (commonly referred to 
     as truth in negotiating) under section 2306a of title 10, 
     United States Code, and section 304A of title III of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 254b).
       (b) Limitation.--This section shall not apply to any 
     contract in an amount not greater than $15,000,000.

     SEC. 1456. PUBLIC DISCLOSURE OF NONCOMPETITIVE CONTRACTING 
                   FOR THE RECONSTRUCTION OF INFRASTRUCTURE IN 
                   IRAQ.

       (a) Disclosure Required.--
       (1) Publication and public availability.--The head of an 
     executive agency of the United States that enters into a 
     contract for the repair, maintenance, or construction of 
     infrastructure in Iraq without full and open competition 
     shall publish in the Federal Register or Commerce Business 
     Daily and otherwise make available to the public, not later 
     than 30 days after the date on which the contract is entered 
     into, the following information:
       (A) The amount of the contract.
       (B) A brief description of the scope of the contract.
       (C) A discussion of how the executive agency identified, 
     and solicited offers from, potential contractors to perform 
     the contract, together with a list of the potential 
     contractors that were issued solicitations for the offers.
       (D) The justification and approval documents on which was 
     based the determination to use procedures other than 
     procedures that provide for full and open competition.
       (2) Inapplicability to contracts after fiscal year 2013.--
     Paragraph (1) does not apply to a contract entered into after 
     September 30, 2013.
       (b) Classified Information.--
       (1) Authority to withhold.--The head of an executive agency 
     may--
       (A) withhold from publication and disclosure under 
     subsection (a) any document that is classified for restricted 
     access in accordance with an Executive order in the interest 
     of national defense or foreign policy; and
       (B) redact any part so classified that is in a document not 
     so classified before publication and disclosure of the 
     document under subsection (a).
       (2) Availability to congress.--In any case in which the 
     head of an executive agency withholds information under 
     paragraph (1), the head of such executive agency shall make 
     available an unredacted version of the document containing 
     that information to the chairman and ranking member of each 
     of the following committees of Congress:
       (A) The Committee on Governmental Affairs of the Senate and 
     the Committee on Government Reform of the House of 
     Representatives.
       (B) The Committees on Appropriations of the Senate and 
     House of Representatives.
       (C) Each committee that the head of the executive agency 
     determines has legislative jurisdiction for the operations of 
     such department or agency to which the information relates.
       (c) Fiscal Year 2003 Contracts.--This section shall apply 
     to contracts entered into on or after October 1, 2002, except 
     that, in the case of a contract entered into before the date 
     of the enactment of this Act, subsection (a) shall be applied 
     as if the contract had been entered into on the date of the 
     enactment of this Act.
       (d) Relationship to Other Disclosure Laws.--Nothing in this 
     section shall be construed as affecting obligations to 
     disclose United States Government information under any other 
     provision of law.
       (e) Definitions.--In this section, the terms ``executive 
     agency'' and ``full and open competition'' have the meanings 
     given such terms in section 4 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403).

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

     SEC. 2001. SHORT TITLE.

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

                            TITLE XXI--ARMY

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

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


                     Army: Inside the United States
------------------------------------------------------------------------
                                    Installation or
             State                      location             Amount
------------------------------------------------------------------------
Alabama........................  Redstone Arsenal.....        $5,500,000
Alaska.........................  Fort Wainwright......      $138,800,000
California.....................  Fort Irwin...........        $3,350,000
Colorado.......................  Fort Carson..........        $2,150,000
Georgia........................  Fort Benning.........       $34,500,000
                                 Fort Stewart/Hunter        $138,550,000
                                  Army Air Field......
Hawaii.........................  Helemano Military            $1,400,000
                                  Reservation.
                                 Schofield Barracks...      $128,100,000
Kansas.........................  Fort Leavenworth.....      $115,000,000
                                 Fort Riley...........       $40,000,000
Kentucky.......................  Fort Knox............        $5,500,000
Louisiana......................  Fort Polk............       $72,000,000
Maryland.......................  Fort Meade...........        $9,600,000
Massachusetts..................  Soldier Systems              $5,500,000
                                  Center, Natick......
Missouri.......................  Fort Leonard Wood....        $5,900,000
New Jersey.....................  Naval Air Engineering        $2,250,000
                                  Center, Lakehurst...
                                 Picatinny Arsenal....       $11,800,000
New York.......................  Fort Drum............      $139,300,000
North Carolina.................  Fort Bragg...........      $163,400,000
Oklahoma.......................  Fort Sill............        $5,500,000
Texas..........................  Fort Bliss...........        $5,400,000
                                 Fort Hood............       $56,700,000
Virginia.......................  Fort Belvoir.........        $7,000,000

[[Page 12539]]

 
                                 Fort Lee.............        $3,850,000
                                 Fort Myer............        $9,000,000
Washington.....................  Fort Lewis...........        $3,900,000
                                                       -----------------
                                   Total..............    $1,108,500,000
------------------------------------------------------------------------

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


                     Army: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Germany........................  Grafenwoehr............     $76,000,000
                                 Heidelberg.............     $17,000,000
                                 Hohenfels..............     $13,200,000
                                 Vilseck................     $31,000,000
Italy..........................  Aviano Air Base........     $28,500,000
                                 Livorno................     $22,000,000
Korea..........................  Camp Humphreys.........    $191,150,000
Kwajalein......................  Kwajalein..............      $9,400,000
                                                         ---------------
                                 Total..................    $388,250,000
------------------------------------------------------------------------

       (c) Condition on Projects Authorization.--The authority of 
     the Secretary of the Army to proceed with the projects at 
     Camp Humphreys, Korea, referred to in the table in subsection 
     (b), and to obligate amounts appropriated pursuant to the 
     authorization of appropriations in section 2104(a)(2) in 
     connection with such project, is subject to the condition 
     that the Secretary submit to the congressional defense 
     committees written notice in advance that the United States 
     and the Republic of Korea have entered into an agreement to 
     ensure the availability and use of land sufficient for such 
     projects.

     SEC. 2102. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2104(a)(5)(A), the Secretary of the Army may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installations, 
     for the purposes, and in the amounts set forth in the 
     following table:


                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
            State or Country               Installation or location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................  Fort Wainwright............  140 Units.................     $64,000,000
Arizona................................  Fort Huachuca..............  220 Units.................     $41,000,000
Kansas.................................  Fort Riley.................  62 Units..................     $16,700,000
Kentucky...............................  Fort Knox..................  178 Units.................     $41,000,000
New Mexico.............................  White Sands Missile Range..  58 Units..................     $14,600,000
Oklahoma...............................  Fort Sill..................  120 Units.................     $25,373,000
Virginia...............................  Fort Lee...................  90 Units..................     $18,000,000
                                                                                                 ---------------
                                                                        Total:..................    $220,673,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(5)(A), the Secretary of the Army may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $34,488,000.

     SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2104(a)(5)(A), the Secretary of 
     the Army may improve existing military family housing units 
     in an amount not to exceed $156,030,000.

     SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2003, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Army in the total amount of $3,056,697,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2101(a), $902,000,000.
       (2) For military construction projects outside the United 
     States authorized by section 2101(b), $359,350,000.
       (3) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $22,550,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $128,580,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $409,191,000.
       (B) For support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), $1,043,026,000.
       (6) For the construction of phase 3 of a barracks complex, 
     D Street, at Fort Richardson, Alaska, authorized by section 
     2101(a) of the Military Construction Authorization Act for 
     Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 
     1280), as amended by section 2105 of this Act, $33,000,000.
       (7) For the construction of phase 3 of a barracks complex, 
     17th and B Streets, at Fort Lewis, Washington, authorized by 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2002 (division B of Public Law 107-107; 
     115 Stat. 1280), $48,000,000.
       (8) For the construction of phase 2 of a barracks complex, 
     Capron Road, at Schofield Barracks, Hawaii, authorized by 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2003 (division B of Public Law 107-314; 
     116 Stat. 2681), $49,000,000.
       (9) For the construction of phase 2 of a barracks complex, 
     Range Road, at Fort Campbell, Kentucky, authorized by section 
     2101(a) of the Military Construction Authorization Act for 
     Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 
     2681), $49,000,000.
       (10) For the construction of phase 2 of a consolidated 
     maintenance complex at Fort Sill, Oklahoma, authorized by 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2003 (division B of Public Law 107-314; 
     116 Stat. 2681), $13,000,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2101 of this Act may not exceed the 
     sum of the following:
       (1) The total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a).
       (2) $32,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks, Fort Stewart/
     Hunter Army Airfield, Georgia).
       (3) $87,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction

[[Page 12540]]

     of the Lewis and Clark Instructional Facility, Fort 
     Leavenworth, Kansas).
       (4) $43,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex, 
     Wheeler Army Airfield, Fort Drum, New York).
       (5) $50,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex, 
     Bastogne Drive, Fort Bragg, North Carolina).
       (6) $18,900,000 (the balance of the amount authorized under 
     section 2101(b) for construction of a barracks complex, 
     Vilseck, Germany).

     SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2002 PROJECTS.

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

                            TITLE XXII--NAVY

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

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


                     Navy: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             State                      location              Amount
------------------------------------------------------------------------
Arizona........................  Marine Corps Air            $22,230,000
                                  Station, Yuma.
California.....................  Marine Corps Air-           $42,090,000
                                  Ground Task Force
                                  Training Center,
                                  Twentynine Palms.....
                                 Marine Corps Air             $7,640,000
                                  Station, Miramar.....
                                 Marine Corps Base,          $73,580,000
                                  Camp Pendleton.......
                                 Naval Air Facility,         $18,940,000
                                  San Clemente Island..
                                 Naval Air Station,          $34,510,000
                                  Lemoore..............
                                 Naval Air Station,          $49,240,000
                                  North Island.........
                                 Naval Air Warfare           $12,230,000
                                  Center, China Lake...
                                 Naval Air Warfare            $6,150,000
                                  Center, Point Mugu,
                                  San Nicholas Island..
                                 Naval Postgraduate          $42,560,000
                                  School, Monterey.
                                 Naval Station, San          $49,710,000
                                  Diego.
Connecticut....................  Naval Submarine Base,        $3,120,000
                                  New London.
District of Columbia...........  Marine Corps Barracks.       $1,550,000
Florida........................  Blount Island              $115,711,000
                                  (Jacksonville).
                                 Naval Air Station,           $9,190,000
                                  Jacksonville.........
                                 Naval Air Station,           $4,830,000
                                  Whiting Field, Milton
                                 Naval Surface Warfare        $9,550,000
                                  Center, Coastal
                                  Systems Station,
                                  Panama City..........
Georgia........................  Strategic Weapons           $11,510,000
                                  Facility Atlantic,
                                  Kings Bay............
Hawaii.........................  Fleet and Industrial        $32,180,000
                                  Supply Center, Pearl
                                  Harbor...............
                                 Naval Magazine,              $6,320,000
                                  Lualualei.
                                 Naval Shipyard, Pearl        $7,010,000
                                  Harbor.
Illinois.......................  Naval Training Center,     $137,120,000
                                  Great Lakes.
Indiana........................  Naval Surface Warfare       $11,400,000
                                  Center, Crane........
Maryland.......................  Naval Air Warfare           $28,270,000
                                  Center, Patuxent
                                  River................
                                 Naval Surface Warfare       $14,850,000
                                  Center, Indian Head..
Mississippi....................  Naval Air Station,           $4,570,000
                                  Meridian.
                                 Naval Station,               $6,100,000
                                  Pascagoula.
Nevada.........................  Naval Air Station,           $4,700,000
                                  Fallon.
New Jersey.....................  Naval Air Warfare           $20,681,000
                                  Center, Lakehurst.
                                 Naval Weapons Station,     $123,720,000
                                  Earle.
North Carolina.................  Marine Corps Air             $6,240,000
                                  Station, New River...
                                 Marine Corps Base,          $29,450,000
                                  Camp Lejeune.
Rhode Island...................  Naval Station, Newport      $16,140,000
                                 Naval Undersea Warfare      $10,890,000
                                  Center, Newport......
South Carolina.................  Naval Weapons Station,       $2,350,000
                                  Charleston.
Texas..........................  Naval Air Station,           $5,400,000
                                  Corpus Christi.
Virginia.......................  Henderson Hall,              $1,970,000
                                  Arlington.
                                 Marine Corps Combat          $3,700,000
                                  Development Command,
                                  Quantico.............
                                 Naval Air Station,          $10,000,000
                                  Oceana.
                                 Naval Amphibious Base,       $3,810,000
                                  Little Creek.
                                 Naval Space Command         $24,020,000
                                  Center, Dahlgren.....
                                 Naval Station, Norfolk     $182,240,000
                                 Norfolk Naval               $17,770,000
                                  Shipyard, Portsmouth.
Washington.....................  Naval Air Station,           $4,350,000
                                  Whidbey Island.
                                 Naval Magazine, Indian       $2,240,000
                                  Island.
                                 Naval Shipyard, Puget       $12,120,000
                                  Sound.
                                 Naval Submarine Base,       $33,820,000
                                  Bangor.
                                 Strategic Weapons            $6,530,000
                                  Facility Pacific,
                                  Bangor...............
Various Locations..............  Various Locations,          $56,360,000
                                  CONUS.
                                                        ----------------
                                   Total...............   $1,340,662,000
------------------------------------------------------------------------

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


                     Navy: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Bahrain........................  Naval Support Activity,     $18,030,000
                                  Bahrain...............
Guam...........................  Commander, United            $1,700,000
                                  States Naval Forces,
                                  Marianas..............

[[Page 12541]]

 
Italy..........................  Naval Air Station,          $48,749,000
                                  Sigonella.............
                                 Naval Support Activity,     $39,020,000
                                  La Maddalena..........
United Kingdom.................  Joint Maritime               $7,070,000
                                  Facility, St. Mawgan..
                                                         ---------------
                                   Total................    $114,569,000
------------------------------------------------------------------------

     SEC. 2202. FAMILY HOUSING.

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


                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
            State or Country               Installation or location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
California.............................  Naval Air Station, Lemoore.  187 Units.................     $41,585,000
Florida................................  Naval Air Station,           25 Units..................      $4,447,000
                                          Pensacola.................
North Carolina.........................  Marine Corps Air Station,    339 Units.................      42,803,000
                                          Cherry Point..............
                                         Marine Corps Base, Camp      519 Units.................     $68,531,000
                                          Lejeune...................
                                                                                                 ---------------
                                                                        Total...................    $157,366,000
----------------------------------------------------------------------------------------------------------------

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

     SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

     SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2003, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Navy in the total amount of $2,288,917,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2201(a), $1,005,882,000.
       (2) For military construction projects outside the United 
     States authorized by section 2201(b), $114,569,000.
       (3) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $13,624,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $71,141,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $184,193,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $852,778,000.
       (6) For construction of a bachelors enlisted quarters 
     shipboard ashore at Naval Shipyard Norfolk, Virginia, 
     authorized by section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2687), $46,730,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2201 of this Act may not exceed the 
     sum of the following:
       (1) The total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a).
       (2) $25,690,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a tertiary sewage 
     treatment facility, Marine Corp Base, Camp Pendleton, 
     California).
       (3) $58,190,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a battle station training 
     facility, Naval Training Center, Great Lakes, Illinois).
       (4) $96,980,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a general purpose 
     berthing pier, Naval Weapons Station Earle, New Jersey).
       (5) $118,170,000 (the balance of the amount authorized 
     under section 2101(a) for construction of the Pier 11 
     replacement, Naval Station, Norfolk, Virginia).
       (6) $28,750,000 (the balance of the amount authorized under 
     section 2101(a) for construction of outlying landing field 
     facilities, various locations in the continental United 
     States).

                         TITLE XXIII--AIR FORCE

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

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


                   Air Force: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             State                       location             Amount
------------------------------------------------------------------------
Alabama........................  Maxwell Air Force Base.     $26,000,000
Alaska.........................  Eielson Air Force Base.     $33,261,000
                                 Elmendorf Air Force          $2,000,000
                                  Base.
Arizona........................  Davis-Monthan Air Force     $10,062,000
                                  Base.
Arkansas.......................  Little Rock Air Force        $7,445,000
                                  Base.
California.....................  Beale Air Force Base...     $22,750,000
                                 Edwards Air Force Base.     $26,744,000
                                 Vandenberg Air Force        $16,500,000
                                  Base.
Colorado.......................  Buckley Air Force Base.      $7,019,000
District of Columbia...........  Bolling Air Force Base.      $9,300,000
Florida........................  Hurlburt Field.........     $27,200,000
                                 Tyndall Air Force Base.     $20,720,000
Georgia........................  Robins Air Force Base..     $37,164,000
Hawaii.........................  Hickam Air Force Base..     $73,296,000
Idaho..........................  Mountain Home Air Force      $5,445,000
                                  Base.
Illinois.......................  Scott Air Force Base...      $1,900,000

[[Page 12542]]

 
Mississippi....................  Columbus Air Force Base      $2,200,000
                                 Keesler Air Force Base.      $2,900,000
Missouri.......................  Whiteman Air Force Base     $11,600,000
New Jersey.....................  McGuire Air Force Base.     $11,861,000
New Mexico.....................  Kirtland Air Force Base     $11,247,000
                                 Tularosa Radar Test          $3,600,000
                                  Site.
North Carolina.................  Pope Air Force Base....     $24,499,000
                                 Seymour Johnson Air         $23,022,000
                                  Force Base.
North Dakota...................  Minot Air Force Base...      $3,190,000
Ohio...........................  Wright-Patterson Air        $21,100,000
                                  Force Base.
Oklahoma.......................  Altus Air Force Base...      $1,167,000
                                 Tinker Air Force Base..     $19,444,000
South Carolina.................  Charleston Air Force         $9,042,000
                                  Base.
                                 Shaw Air Force Base....      $8,500,000
Texas..........................  Goodfellow Air Force        $20,335,000
                                  Base.
                                 Lackland Air Force Base     $57,360,000
                                 Laughlin Air Force Base     $12,400,000
                                 Sheppard Air Force Base     $38,167,000
Utah...........................  Hill Air Force Base....     $15,848,000
Virginia.......................  Langley Air Force Base.     $25,474,000
Washington.....................  McChord Air Force Base.     $19,000,000
                                                         ---------------
                                 Total..................    $668,762,000
------------------------------------------------------------------------

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


                  Air Force: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Germany........................  Ramstein Air Base......     $41,866,000
                                 Spangdahlem Air Base...      $5,411,000
Italy..........................  Aviano Air Base........     $14,025,000
Korea..........................  Kunsan Air Base........      $7,059,000
                                 Osan Air Base..........     $16,638,000
Portugal.......................  Lajes Field, Azores....      $4,086,000
Turkey.........................  Incirlik Air Base......      $3,262,000
United Kingdom.................  Royal Air Force,            $42,487,000
                                  Lakenheath.
                                 Royal Air Force,            $10,558,000
                                  Mildenhall.
Wake Island....................  Wake Island............     $24,000,000
                                                         ---------------
                                   Total................    $169,392,000
------------------------------------------------------------------------

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


                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
                                     Installation or
            Location                     location             Amount
------------------------------------------------------------------------
Unspecified Worldwide..........  Classified Location....     $29,501,000
                                                         ---------------
                                   Total................     $29,501,000
------------------------------------------------------------------------

     SEC. 2302. FAMILY HOUSING.

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


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

[[Page 12543]]

 
United Kingdom.........................  Royal Air Force, Lakenheath  89 Units..................     $23,640,000
                                                                                                 ---------------
                                                                        Total...................    $399,598,000
----------------------------------------------------------------------------------------------------------------

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

     SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, Unites States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2304(a)(6)(A), the Secretary of 
     the Air Force may improve existing military family housing 
     units in an amount not to exceed $227,979,000.

     SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2003, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Air Force in the total amount of $2,477,609,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2301(a), $660,282,000.
       (2) For military construction projects outside the United 
     States authorized by section 2301(b), $169,392,000.
       (3) For military construction projects at unspecified 
     worldwide locations authorized by section 2301(c), 
     $28,981,000.
       (4) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $12,000,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $115,421,000.
       (6) For military housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $657,065,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $834,468,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2301 of this Act may not exceed the 
     total amount authorized to be appropriated under paragraphs 
     (1), (2), and (3) of subsection (a).

                      TITLE XXIV--DEFENSE AGENCIES

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

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


               Defense Agencies: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             Agency                      location             Amount
------------------------------------------------------------------------
Defense Education Activity.....  Marine Corps Base, Camp     $15,259,000
                                  Lejeune, North
                                  Carolina..............
Defense Logistics Agency.......  Defense Distribution        $27,700,000
                                  Depot, New Cumberland,
                                  Pennsylvania..........
                                 Eglin Air Force Base,        $4,800,000
                                  Florida...............
                                 Eielson Air Force Base,     $17,000,000
                                  Alaska................
                                 Hickam Air Force Base,      $14,100,000
                                  Hawaii................
                                 Hurlburt Field, Florida      $4,100,000
                                 Offutt Air Force Base,      $13,400,000
                                  Nebraska..............
                                 Langley Air Force Base,     $13,000,000
                                  Virginia..............
                                 Laughlin Air Force           $4,688,000
                                  Base, Texas...........
                                 McChord Air Force Base,      $8,100,000
                                  Washington............
                                 Naval Air Station,           $9,200,000
                                  Kingsville, Texas.....
                                 Nellis Air Force Base,      $12,800,000
                                  Nevada................
National Security Agency.......  Fort Meade, Maryland...      $1,842,000
Special Operations Command.....  Dam Neck, Virginia.....     $15,281,000
                                 Fort Benning, Georgia..      $2,100,000
                                 Fort Bragg, North           $36,300,000
                                  Carolina.
                                 Fort Campbell, Kentucky      $7,800,000
                                 Harrisburg                   $3,000,000
                                  International Airport,
                                  Pennsylvania..........
                                 Hurlburt Field, Florida      $6,000,000
                                 MacDill, Air Force          $25,500,000
                                  Base, Florida.
                                 Naval Amphibious Base,       $2,800,000
                                  Coronado, California..
TRICARE Management Activity....  Fort Hood, Texas.......      $9,400,000
                                 Naval Station,              $15,714,000
                                  Anacostia, District of
                                  Columbia..............
                                 Naval Submarine Base,        $6,700,000
                                  New London,
                                  Connecticut...........
                                 United States Air Force     $22,100,000
                                  Academy, Colorado.....
                                 Walter Reed Medical          $9,000,000
                                  Center, District of
                                  Columbia..............
Washington Headquarters          Arlington, Virginia....     $38,086,000
 Services......................
                                                         ---------------
                                   Total................    $345,770,000
------------------------------------------------------------------------

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


               Defense Agencies: Outside the United States
------------------------------------------------------------------------
                                     Installation or
             Agency                      location             Amount
------------------------------------------------------------------------
Defense Education Activity.....  Grafenwoehr, Germany...     $36,247,000
                                 Heidelberg, Germany....      $3,086,000
                                 Vilseck, Germany.......      $1,773,000
                                 Sigonella, Italy.......     $30,234,000
                                 Vicenza, Italy.........     $16,374,000
                                 Camp Humphreys, Korea..     $31,683,000

[[Page 12544]]

 
Special Operations Command.....  Stuttgart, Germany.....     $11,400,000
TRICARE Management Activity....  Anderson Air Force          $26,000,000
                                  Base, Guam............
                                 Grafenwoehr, Germany...     $12,585,000
                                                         ---------------
                                   Total................    $169,382,000
------------------------------------------------------------------------

     SEC. 2402. FAMILY HOUSING.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2405(a)(8)(A), the Secretary of 
     Defense may carry out architectural and engineering services 
     and construction design activities with respect to the 
     construction or improvement of military family housing units 
     in an amount not to exceed $300,000.

     SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

     SEC. 2404. ENERGY CONSERVATION PROJECTS.

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

     SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2003, for military construction, land acquisition, and 
     military family housing functions of the Department of 
     Defense (other than the military departments) in the total 
     amount of $1,223,066,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $343,570,000.
       (2) For military construction projects outside the United 
     States authorized by section 2401(b), $152,017,000.
       (3) For unspecified minor construction projects under 
     section 2805 of title 10, United States Code, $16,153,000.
       (4) For contingency construction projects of the Secretary 
     of Defense under section 2804 of title 10, United States 
     Code, $8,960,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $66,834,000.
       (6) For energy conservation projects authorized by section 
     2404, $69,500,000.
       (7) For base closure and realignment activities as 
     authorized by the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note), $370,427,000.
       (8) For military family housing functions:
       (A) For planning, design, and improvement of military 
     family housing and facilities, $350,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $49,440,000.
       (C) For credit to the Department of Defense Family Housing 
     Improvement Fund established by section 2883(a)(1) of title 
     10, United States Code, $300,000.
       (9) For construction of the Defense Threat Reduction Center 
     at Fort Belvoir, Virginia, authorized by section 2401(a) of 
     the Military Construction Authorization Act for Fiscal Year 
     2003 (division B of Public Law 107-314; 116 Stat. 2695), 
     $25,700,000.
       (10) For the construction of phase 5 of an ammunition 
     demilitarization facility at Pueblo Depot Activity, Colorado, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 1997 (division B of Public 
     Law 104-201; 110 Stat. 2775), as amended by section 2406 of 
     the Military Construction Authorization Act for Fiscal Year 
     2000 (division B of Public Law 106-65; 113 Stat. 839) and 
     section 2407 of the Military Construction Authorization Act 
     for Fiscal Year 2003 (division B of Public Law 107-314; 116 
     Stat. 2698), $88,388,000.
       (11) For the construction of phase 6 of an ammunition 
     demilitarization facility at Newport Army Ammunition Plant, 
     Indiana, authorized by section 2401(a) of the Military 
     Construction Authorization Act for Fiscal Year 1999 (division 
     B of Public Law 105-261; 112 Stat. 2193), as amended by 
     section 2406 of the Military Construction Authorization Act 
     for Fiscal Year 2003 (division B of Public Law 107-314; 116 
     Stat. 2698), $15,207,000.
       (12) For the construction of phase 4 of an ammunition 
     demilitarization facility at Blue Grass Army Depot, Kentucky, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 835), as amended by section 2405 of the 
     Military Construction Authorization Act for Fiscal Year 2002 
     (division B of Public Law 107-107; 115 Stat. 1298) and 
     section 2405 of the Military Construction Authorization Act 
     for Fiscal Year 2003 (division B of Public Law 107-314; 116 
     Stat. 2698), $16,220,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2401 of this Act may not exceed the 
     total amount authorized to be appropriated under paragraphs 
     (1) and (2) of subsection (a).

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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

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

     SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

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

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

       There are authorized to be appropriated for fiscal years 
     beginning after September 30, 2003, for the costs of 
     acquisition, architectural and engineering services, and 
     construction of facilities for the Guard and Reserve Forces, 
     and for contributions therefor, under chapter 1803 of title 
     10, United States Code (including the cost of acquisition of 
     land for those facilities), the following amounts:
       (1) For the Department of the Army--
       (A) for the Army National Guard of the United States, 
     $253,788,000; and
       (B) for the Army Reserve, $89,840,000.
       (2) For the Department of the Navy, for the Naval and 
     Marine Corps Reserve, $45,762,000.
       (3) For the Department of the Air Force--
       (A) for the Air National Guard of the United States, 
     $123,408,000; and
       (B) for the Air Force Reserve, $61,143,000.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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

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

     SEC. 2702. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
                   2001 PROJECT.

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


[[Page 12545]]



                                  Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
South Carolina........................  Fort Jackson.............  New Construction--GFOQ.......        $250,000
----------------------------------------------------------------------------------------------------------------

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

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


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



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

     SEC. 2704. EFFECTIVE DATE.

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

                    TITLE XXVIII--GENERAL PROVISIONS

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

     SEC. 2801. INCREASE IN MAXIMUM AMOUNT OF AUTHORIZED ANNUAL 
                   EMERGENCY CONSTRUCTION.

       Section 2803(c)(1) of title 10, United States Code, is 
     amended by striking ``$30,000,000'' and inserting 
     ``$45,000,000''.

     SEC. 2802. AUTHORITY TO LEASE MILITARY FAMILY HOUSING UNITS 
                   IN ITALY.

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

     SEC. 2803. CHANGES TO ALTERNATIVE AUTHORITY FOR ACQUISITION 
                   AND IMPROVEMENT OF MILITARY HOUSING.

       (a) Space Limitations by Pay Grade.--Section 2880(b)(2) of 
     title 10, United States Code, is amended by striking ``unless 
     the unit is located on a military installation''.
       (b) Department of Defense Housing Fund.--(1) Section 2883 
     of such title is amended by striking subsections (a), (b), 
     and (c) and inserting the following new subsections (a) and 
     (b):
       ``(a) Establishment.--There is hereby established on the 
     books of the Treasury an account to be known as the 
     Department of Defense Housing Improvement Fund (in this 
     section referred to as the `Fund').
       ``(b) Credits to Fund.--There shall be credited to the Fund 
     the following:
       ``(1) Amounts authorized for and appropriated to the Fund.
       ``(2) Subject to subsection (e), any amounts that the 
     Secretary of Defense transfers, in such amounts as are 
     provided for in appropriation Acts, to the Fund from amounts 
     authorized and appropriated to the Department of Defense for 
     the acquisition or construction of military family housing or 
     military unaccompanied housing.
       ``(3) Proceeds from the conveyance or lease of property or 
     facilities under section 2878 of this title for the purpose 
     of carrying out activities under this subchapter with respect 
     to military family housing or military unaccompanied housing.
       ``(4) Income derived from any activities under this 
     subchapter with respect to military family housing or 
     military unaccompanied housing, income and gains realized 
     from investments under section 2875 of this title, and any 
     return of capital invested as part of such investments.
       ``(5) Any amounts that the Secretary of the Navy transfers 
     to the Fund pursuant to section 2814(i)(3) of this title, 
     subject to the restrictions on the use of the transferred 
     amounts specified in that section.''.
       (2) Such section is further amended--
       (A) by redesignating subsections (d) through (g) as (c) 
     through (f), respectively;
       (B) in subsection (c), as so redesignated--
       (i) in the subsection heading, by striking ``Funds'' and 
     inserting ``Fund'';
       (ii) in paragraph (1)--
       (I) by striking ``subsection (e)'' and inserting 
     ``subsection (d)''; and
       (II) by striking ``Department of Defense Family Housing 
     Improvement Fund'' and inserting ``Fund'';
       (iii) by striking paragraph (2); and
       (iv) by redesignating paragraph (3) as paragraph (2);
       (C) in subsection (e), as so redesignated, by striking ``a 
     Fund under paragraph (1)(B) or (2)(B) of subsection (c)'' and 
     inserting ``the Fund under subsection (b)(2)''; and
       (D) in subsection (f), as so redesignated, by striking 
     ``$850,000,000'' in paragraph (1) and inserting 
     ``$900,000,000''.
       (c) Transfer of Unobligated Amounts.--(1) The Secretary of 
     Defense shall transfer to the Department of Defense Housing 
     Improvement Fund established under section 2883(a) of title 
     10, United States Code (as amended by subsection (b)), any 
     amounts in the Department of Defense Family Housing 
     Improvement Fund and the Department of Defense Military 
     Unaccompanied Housing Improvement that remain available for 
     obligation as of the date of the enactment of this Act.
       (2) Amounts transferred to the Department of Defense 
     Housing Improvement Fund under paragraph (1) shall be merged 
     with amounts in that Fund, and shall be available for the 
     same purposes, and subject to the same conditions and 
     limitations, as other amounts in that Fund.
       (d) Conforming Amendments.--(1) Paragraph (3) of section 
     2814(i) of such title is amended--
       (A) by striking subparagraph (A) and inserting the 
     following new subparagraph (A):
       ``(A) The Secretary may transfer funds from the Ford Island 
     Improvement Account to the Department of Defense Housing 
     Improvement Fund established by section 2883(a) of this 
     title.''; and
       (B) in subparagraph (B), by striking ``a fund'' and 
     inserting ``the Fund''.
       (2) Section 2871(6) of such title is amended by striking 
     ``Department of Defense Family Housing Improvement Fund or 
     the Department of Defense Military Unaccompanied Housing 
     Improvement Fund'' and inserting ``Department of Defense 
     Housing Improvement Fund''.
       (3) Section 2875(e) of such title is amended by striking 
     ``Department of Defense Family Housing Improvement Fund or 
     the Department of Defense Military Unaccompanied Housing 
     Improvement Fund'' and inserting ``Department of Defense 
     Housing Improvement Fund''.
       (e) Clerical Amendments.--(1) The section heading for 
     section 2883 of such title is amended to read as follows:

     ``Sec. 2883. Department of Defense Housing Improvement 
       Fund''.

       (2) The table of sections at the beginning subchapter IV of 
     chapter 169 of such title is amended by striking the item 
     relating to section 2883 and inserting the following new 
     item:

``2883. Department of Defense Housing Improvement Fund.''.

     SEC. 2804. ADDITIONAL MATERIAL FOR ANNUAL REPORT ON HOUSING 
                   PRIVATIZATION PROGRAM.

       Section 2884(b) of title 10, United States Code, is 
     amended--
       (1) in paragraph (2), by inserting before the period at the 
     end the following: ``, and such recommendations as the 
     Secretary considers necessary for improving the extent and 
     effectiveness of the use of such authorities in the future''; 
     and
       (2) by striking paragraph (3) and inserting the following 
     new paragraphs:
       ``(3) A review of activities of the Secretary under this 
     subchapter during such preceding fiscal year, shown for 
     military family housing, military unaccompanied housing, dual 
     military family housing and military unaccompanied housing, 
     and ancillary supporting facilities.
       ``(4) If a contract for the acquisition or construction of 
     military family housing, military unaccompanied housing, or 
     dual military family housing and military unaccompanied 
     housing entered into during the preceding fiscal year did not 
     include the acquisition or construction of the types of 
     ancillary supporting facilities specifically referred to in 
     section 2871(1) of this

[[Page 12546]]

     title, a explanation of the reasons why such ancillary 
     supporting facilities were not included.
       ``(5) A description of the Secretary's plans for housing 
     privatization activities under this subchapter (A) during the 
     fiscal year for which the budget is submitted, and (B) during 
     the period covered by the then-current future-years defense 
     plan under section 221 of this title.''.

     SEC. 2805. AUTHORITY TO CONVEY PROPERTY AT MILITARY 
                   INSTALLATIONS CLOSED OR TO BE CLOSED IN 
                   EXCHANGE FOR MILITARY CONSTRUCTION ACTIVITIES.

       (a) In General.--(1) Subchapter III of chapter 169 of title 
     10, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2869. Conveyance of property at military installations 
       closed or to be closed in exchange for military 
       construction activities

       ``(a) Conveyance Authorized; Consideration.--The Secretary 
     of Defense may enter into an agreement to convey real 
     property, including any improvements thereon, located on a 
     military installation that is closed or realigned under a 
     base closure law to any person who agrees, in exchange for 
     the real property--
       ``(1) to carry out, or provide services in connection with, 
     an authorized military construction project; or
       ``(2) to transfer to the Secretary of Defense housing that 
     is constructed or provided by the person and located at or 
     near a military installation at which there is a shortage of 
     suitable military family housing or military unaccompanied 
     housing (or both).
       ``(b) Conditions on Conveyance Authority.--A conveyance of 
     real property may be made under subsection (a) only if--
       ``(1) the fair market value of the consideration to be 
     received in exchange for the real property conveyed under 
     subsection (a) is equal to or greater than the fair market 
     value of the property, including any improvements thereon, as 
     determined by the Secretary concerned; and
       ``(2) in the event the fair market value of the 
     consideration to be received is equal to at least 90 percent, 
     but less than 100 percent, of the fair market value of the 
     real property to be conveyed, including any improvements 
     thereon, the recipient of the property agrees to pay to the 
     Secretary of Defense an amount equal to the difference in the 
     fair market values.
       ``(c) Use of Authority.--(1) To the maximum extent 
     practicable, the Secretary of Defense shall use the authority 
     provided by subsection (a) to convey at least 20 percent of 
     the total acreage conveyed each fiscal year at military 
     installations closed or realigned under the base closure 
     laws. Notice of the proposed use of this authority shall be 
     provided in such manner as the Secretary may prescribe, 
     including publication in the Federal Register and otherwise. 
     In determining such total acreage for a fiscal year, the 
     Secretary shall exclude real property identified in a 
     redevelopment plan as property essential to the reuse or 
     redevlopment of a military installation closed or to be 
     closed under a base closure law.
       ``(2) To the maximum extent practicable, the Secretary of 
     Defense shall endeavor to use the authority provided by 
     subsection (a) to obtain military construction and military 
     housing services having a total value of at least 
     $200,000,000 each fiscal year for each of the military 
     departments.
       ``(3) The Secretary concerned shall utilize the authority 
     provided in subsection (a) in lieu of obligating and 
     expending funds appropriated for military construction and 
     military housing projects that are authorized by law.
       ``(d) Deposit of Funds.--The Secretary of Defense may 
     deposit funds received under subsection (b)(2) in the 
     Department of Defense Housing Improvement Fund established 
     under section 2883(a) of this title.
       ``(e) Annual Report.--The Secretary of Defense shall 
     include each year in the materials that the Secretary submits 
     to Congress in support of the budget submitted by the 
     President pursuant to section 1105 of title 31 a report 
     detailing the extent to which the Secretary used the 
     authority provided by subsection (a) to convey real property 
     in exchange for military construction and military housing 
     and plans for the use of such authority for the future. The 
     report shall include the following:
       ``(1) The total value of the real property that was 
     actually conveyed during the preceding fiscal year using the 
     authority provided by subsection (a).
       ``(2) The total value of the military construction and 
     military housing services obtained in exchange, and, if the 
     dollar goal specified in subsection (c)(2) was not achieved 
     for a military department, an explanation regarding the 
     reasons why the goal was not achieved.
       ``(3) The current inventory of unconveyed lands at military 
     installations closed or realigned under a base closure law.
       ``(4) A description of the results of conveyances under 
     subsection (a) during the preceding fiscal year and plans for 
     such conveyances for the current fiscal year, the fiscal year 
     covered by the budget, and the period covered by the current 
     future-years defense program under section 221 of this title.
       ``(f) Description of Property.--The exact acreage and legal 
     description of real property conveyed under subsection (a) 
     shall be determined by surveys satisfactory to the Secretary 
     of Defense.
       ``(g) Additional Terms and Conditions.--The Secretary of 
     Defense may require such additional terms and conditions in 
     connection with a conveyance under subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by adding at the end the following new 
     item:

``2869. Conveyance of property at military installations closed or to 
              be closed in exchange for military construction 
              activities.''.
       (b) Exception to Requirement for Authorization of Number of 
     Housing Units.--Section 2822 of such title is amended by 
     adding at the end the following new paragraph:
       ``(6) Housing units constructed or provided under section 
     2869 of this title.''.
       (c) Conforming Amendment to Department of Defense Housing 
     Improvement Fund.--Section 2883(b) of such title, as amended 
     by section 2803, is further amended by adding at the end the 
     following new paragraph:
       ``(6) Any amounts that the Secretary concerned transfers to 
     the Fund pursuant to section 2869 of this title.''.
       (d) Conforming Repeals to Base Closure Laws.--(1) Section 
     204(e) of the Defense Authorization Amendments and Base 
     Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
     2687 note) is repealed.
       (2) Section 2905(f) of the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) is repealed.

     SEC. 2806. CONGRESSIONAL NOTIFICATION AND REPORTING 
                   REQUIREMENTS AND LIMITATIONS REGARDING USE OF 
                   OPERATION AND MAINTENANCE FUNDS FOR 
                   CONSTRUCTION.

       (a) In General.--Subchapter I of chapter 169 of title 10, 
     United States Code, is amended by inserting after section 
     2809 the following new section:

     ``Sec. 2810. Use of operation and maintenance funds for 
       construction: notification and reporting requirements and 
       limitations

       ``(a) Advance Notification of Obligation of Funds.--(1) The 
     Secretary concerned shall submit to the appropriate 
     committees of Congress advance written notice before 
     appropriations available for operation and maintenance are 
     obligated for construction described in paragraph (2). The 
     notice shall be submitted not later than 14 days before the 
     date on which appropriations available for operation and 
     maintenance are first obligated for that construction and 
     shall contain the information required by subsection (c).
       ``(2) Paragraph (1) applies with respect to any 
     construction having an estimated total cost of more than 
     $1,500,000, but not more than $5,000,000, which is paid for 
     in whole or in part using appropriations available for 
     operation and maintenance, if--
       ``(A) the construction is necessary to meet urgent military 
     operational requirements of a temporary nature;
       ``(B) the construction was not carried out at a military 
     installation where the United States is reasonably expected 
     to have a long-term interest or presence;
       ``(C) the United States has no intention of using the 
     construction after the operational requirement has been 
     satisfied; and
       ``(D) the level of construction is the minimum necessary to 
     meet the temporary operational need.
       ``(b) Waiver Authority; Congressional Notification.--(1) 
     The Secretary concerned may waive the advance notice 
     requirement under subsection (a) on a case-by-case basis if 
     the Secretary determines that--
       ``(A) the project is vital to the national security or to 
     the protection of health, safety, or the quality of the 
     environment; and
       ``(B) the requirement for the construction is so urgent 
     that deferral of the construction during the period specified 
     in subsection (a)(1) would be inconsistent with national 
     security or the protection of health, safety, or 
     environmental quality, as the case may be.
       ``(2) Not later than five days after the date on which a 
     waiver is granted under paragraph (1), the Secretary 
     concerned shall provide to the appropriate committees of 
     Congress written notice containing the reasons for the waiver 
     and the information required by subsection (c) with regard to 
     the construction for which the waiver was granted.
       ``(c) Content of Notice.--The notice provided under 
     subsection (a) or (b) with regard to construction funded 
     using appropriations available for operation and maintenance 
     shall include the following:
       ``(1) A description of the purpose for which the funds are 
     being obligated.
       ``(2) An estimate of the total amount to be obligated for 
     the construction.
       ``(3) The reasons appropriations available for operation 
     and maintenance are being used.
       ``(d) Limitations on Use of Operation and Maintenance 
     Funds.--(1) The Secretary concerned shall not use 
     appropriations available for operation and maintenance to 
     carry out any construction having an estimated total cost of 
     more than $5,000,000.
       ``(2) The total cost of construction carried out by the 
     Secretaries concerned in whole or in part using 
     appropriations available for operation and maintenance shall 
     not exceed $200,000,000 in any fiscal year.
       ``(e) Quarterly Report.--The Secretary concerned shall 
     submit to the appropriate committees of Congress a quarterly 
     report on the worldwide obligation and expenditure of 
     appropriations available for operation and maintenance by the 
     Secretary concerned for construction during the preceding 
     quarter.''.

[[Page 12547]]

       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2809 the following new item:

``2810. Use of operation and maintenance funds for construction: 
              notification and reporting requirements and 
              limitations.''.

     SEC. 2807. INCREASE IN AUTHORIZED MAXIMUM LEASE TERM FOR 
                   FAMILY HOUSING AND OTHER FACILITIES IN CERTAIN 
                   FOREIGN COUNTRIES.

       (a) Lease of Military Family Housing.--Section 2828(d)(1) 
     of title 10, United States Code, is amended by striking ``ten 
     years,'' and inserting ``10 years, or 15 years in the case of 
     leases in Korea,''.
       (b) Leases of Other Facilities.--Section 2675 of such title 
     is amended by inserting after ``five years,'' the following: 
     ``or 15 years in the case of a lease in Korea,''.

        Subtitle B--Real Property and Facilities Administration

     SEC. 2811. REAL PROPERTY TRANSACTIONS.

       (a) Increase in Land Acquisition Authority Cost 
     Threshold.--Section 2672 of title 10, United States Code, is 
     amended by striking ``$500,000'' both places it appears and 
     inserting ``$1,500,000''.
       (b) Prompt Notification of Certain Land Acquisitions.--
     Section 2672a of such title is amended--
       (1) in subsection (a)(1), by striking ``he or his 
     designee'' and inserting ``the Secretary'';
       (2) in subsection (b), by striking the last sentence; and
       (3) by adding at the end the following new subsection:
       ``(c) Not later than 10 days after the determination is 
     made under subsection (a)(1) that acquisition of an interest 
     in land is needed in the interest of the national defense, 
     the Secretary of the military department making that 
     determination shall provide to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives written notice containing a 
     description of the property and interest to be acquired and 
     the reasons for the acquisition.''.
       (c) Modification of Related Notification Requirements.--
     Section 2662 of such title is amended--
       (1) in subsection (a)--
       (A) by striking ``30 days'' and all that follows through 
     ``is submitted'' and inserting ``14 days after the beginning 
     of the month with respect to which a single report containing 
     the facts concerning such transaction and all other such 
     proposed transactions for that month is submitted, not later 
     than the first day of that month,''; and
       (B) by striking ``$500,000'' each place it appears and 
     inserting ``$1,500,000'';
       (2) in subsection (b), by striking ``more than'' and all 
     that follows through ``$500,000'' and inserting ``more than 
     $250,000 but not more than $1,500,000'';
       (3) in subsection (e)--
       (A) by striking ``$500,000'' and inserting ``$1,000,000''; 
     and
       (B) by striking ``thirty days'' and inserting ``14 days''; 
     and
       (4) in subsection (g)(3), by striking ``30 days'' and 
     inserting ``14 days''.
       (d) Clerical Amendments.--(1) The heading of section 2672 
     of such title is amended to read as follows:

     ``Sec. 2672. Authority to acquire low-cost interests in 
       land''.

       (2) The item relating to section 2672 in the table of 
     sections at the beginning of chapter 159 of such title is 
     amended to read as follows:

``2672. Authority to acquire low-cost interests in land.''.

                      Subtitle C--Land Conveyances

     SEC. 2821. TERMINATION OF LEASE AND CONVEYANCE OF ARMY 
                   RESERVE FACILITY, CONWAY, ARKANSAS.

       (a) Termination of Lease.--Upon the completion of the 
     replacement facility authorized for the Army Reserve facility 
     located in Conway, Arkansas, the Secretary of the Army may 
     terminate the 99-year lease between the Secretary and the 
     University of Central Arkansas for the property on which the 
     old facility is located.
       (b) Conveyance of Facility.--As part of the termination of 
     the lease under subsection (a), the Secretary may convey, 
     without consideration, to the University of Central Arkansas 
     all right, title, and interest of the United States in and to 
     the Army Reserve facility located on the leased property.
       (c) Assumption of Liability.--The University of Central 
     Arkansas shall expressly accept any and all liability 
     pertaining to the physical condition of the Army Reserve 
     facility conveyed under subsection (b) and shall hold the 
     United States harmless from any and all liability arising 
     from the facility's physical condition.

     SEC. 2822. ACTIONS TO QUIET TITLE, FALLIN WATERS SUBDIVISION, 
                   EGLIN AIR FORCE BASE, FLORIDA.

       (a) Authority to Quiet Title.--Notwithstanding the 
     restoration provisions under the heading ``quartermaster 
     corps'' in the Second Deficiency Appropriation Act, 1940 (Act 
     of June 27, 1940; chapter 437; 54 Stat. 655), the Secretary 
     of the Air Force may take appropriate action to quiet title 
     to tracts of land referred to in paragraph (2) on, at, 
     adjacent, adjoining, or near Eglin Air Force Base, Florida. 
     The Secretary may take such action in order to resolve 
     encroachments upon private property by the United States and 
     upon property of the United States by private parties, which 
     resulted from reliance on inaccurate surveys.
       (2) The tracts of land referred to in paragraph (1) are 
     generally described as south of United States Highway 98 and 
     bisecting the north/south section line of sections 13 and 14, 
     township 2 south, range 25 west, located in the platted 
     subdivision of Fallin Waters, Okaloosa County, Florida. The 
     exact acreage and legal description of such tracts of land 
     shall be determined by a survey satisfactory to the 
     Secretary.
       (b) Authorized Actions.--In carrying out subsection (a), 
     appropriate action by the Secretary may include any of the 
     following:
       (1) Disclaiming, on behalf of the United States, any intent 
     by the United States to acquire by prescription any property 
     at or in the vicinity of Eglin Air Force Base.
       (2) Disposing of tracts of land owned by the United States.
       (3) Acquiring tracts of land by purchase, by donation, or 
     by exchange for tracts of land owned by the United States at 
     or adjacent to Eglin Air Force Base.
       (c) Acreage Limitations.--Individual tracts of land 
     acquired or conveyed by the Secretary under paragraph (2) or 
     (3) of subsection (a) may not exceed .10 acres. The total 
     acreage so acquired may not exceed two acres.
       (d) Consideration.--Any conveyance by the Secretary under 
     this section may be made, at the discretion of the Secretary, 
     without consideration, or by exchange for tracts of land 
     adjoining Eglin Air Force Base in possession of private 
     parties who mistakenly believed that they had acquired title 
     to such tracts.

     SEC. 2823. MODIFICATION OF LAND CONVEYANCE, EGLIN AIR FORCE 
                   BASE, FLORIDA.

       (a) Modification.--Public Law 91-347 (84 Stat. 447) is 
     amended--
       (1) in the first section, by inserting ``or for other 
     public purposes'' before the period at the end; and
       (2) in section 3(1)--
       (A) by inserting ``or for other public purposes'' after 
     ``schools''; and
       (B) by striking ``such purpose'' and inserting ``such a 
     purpose''.
       (b) Alteration of Legal Instrument.--The Secretary of the 
     Air Force shall execute and file in the appropriate office an 
     amended deed or other appropriate instrument effectuating the 
     modification of the reversionary interest retained by the 
     United States in connection with the conveyance made pursuant 
     to Public Law 91-347.

     SEC. 2824. LAND CONVEYANCE, FORT CAMPBELL, KENTUCKY AND 
                   TENNESSEE.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the department of transportation of the State of 
     Tennessee (in this section referred to as the ``department'') 
     all right, title, and interest of the United States in and to 
     a parcel of real property (right-of-way), including any 
     improvements thereon, located at Fort Campbell, Kentucky and 
     Tennessee, for the purpose of realigning and upgrading United 
     States Highway 79 from a two-lane highway to a four-lane 
     highway.
       (b) Consideration.--(1) As consideration for the conveyance 
     under subsection (a), the department shall pay from any 
     source (including Federal funds made available to the State 
     from the Highway Trust Fund) all of the costs of the 
     Secretary incurred--
       (A) to convey the property, including costs related to the 
     preparation of documents under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), surveys 
     (including all surveys required under subsection (c)), 
     cultural reviews, and administrative oversight;
       (B) to relocate a cemetery to permit the highway 
     realignment and upgrading;
       (C) to acquire approximately 200 acres of mission-essential 
     replacement property required to support the training mission 
     at Fort Campbell; and
       (D) to dispose of residual Federal property located south 
     of the realigned highway.
       (2) The Secretary may accept funds under this subsection 
     from the Federal Highway Administration or the State of 
     Tennessee to pay costs described in paragraph (1) and credit 
     them to the appropriate Department of the Army accounts for 
     the purpose of paying such costs.
       (3) All funds accepted by the Secretary under this 
     subsection shall remain available until expended.
       (c) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) or acquired and disposed of under section (b) shall be 
     determined by surveys satisfactory to the Secretary.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2825. LAND CONVEYANCE, ARMY AND AIR FORCE EXCHANGE 
                   SERVICE PROPERTY, DALLAS, TEXAS.

       (a) Conveyance Authorized.--The Secretary of Defense may 
     authorize the Army and Air Force Exchange Service, a 
     nonappropriated fund instrumentality of the United States, to 
     convey, by sale, all right, title, and interest of the United 
     States in and to a parcel of real property, including any 
     improvements thereon, located at 1515 Roundtable Drive in 
     Dallas, Texas.
       (b) Consideration.--As consideration for conveyance under 
     subsection (a), the purchaser shall pay to the Secretary, in 
     a single lump sum payment, an amount equal to the fair market 
     value of the real property conveyed, as determined by the 
     Secretary. Section 574(a) of title

[[Page 12548]]

     40, United States Code, shall apply with respect to the 
     amounts received by the Secretary under this subsection.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the purchaser.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2826. LAND CONVEYANCE, NAVAL RESERVE CENTER, ORANGE, 
                   TEXAS.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey to the City of Orange, Texas (in this section referred 
     to as the ``City''), all right, title, and interest of the 
     United States in and to a parcel of unimproved real property 
     consisting of approximately 2.5 acres at Naval Reserve 
     Center, Orange, Texas for the purpose of permitting the City 
     to use the property for road construction, economic 
     development, and other public purposes.
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the City shall provide the United 
     States, whether by cash payment, in-kind contribution, or a 
     combination thereof, an amount that is not less than the fair 
     market value, as determined by the Secretary, of the property 
     conveyed under such subsection.
       (c) Payment of Costs of Conveyance.--(1) The Secretary may 
     require the City to cover costs to be incurred by the 
     Secretary, or to reimburse the Secretary for costs incurred 
     by the Secretary, to carry out the conveyance under 
     subsection (a), including survey costs, costs related to 
     environmental documentation, and other administrative costs 
     related to the conveyance. If amounts are collected from the 
     City in advance of the Secretary incurring the actual costs, 
     and the amount collected exceeds the costs actually incurred 
     by the Secretary to carry out the conveyance, the Secretary 
     shall refund the excess amount to the City.
       (2) Amounts received as reimbursement under paragraph (1) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance. Amounts so credited shall be merged with amounts 
     in such fund or account, and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (d) Exemption From Federal Screening.--The conveyance 
     authorized by subsection (a) is exempt from the requirement 
     to screen the property for other Federal use pursuant to 
     sections 2693 and 2696 of title 10, United States Code.
       (e) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

                       Subtitle D--Other Matters

     SEC. 2841. REDESIGNATION OF YUMA TRAINING RANGE COMPLEX AS 
                   BOB STUMP TRAINING RANGE COMPLEX.

       The military aviation training facility located in 
     southwestern Arizona and southeastern California and known as 
     the Yuma Training Range Complex shall be known and designated 
     as the ``Bob Stump Training Range Complex''. Any reference to 
     such training range complex in any law, regulation, map, 
     document, record, or other paper of the United States shall 
     be considered to be a reference to the Bob Stump Training 
     Range Complex.

     SEC. 2842. MODIFICATION OF AUTHORITY TO CONDUCT A ROUND OF 
                   REALIGNMENTS AND CLOSURES OF MILITARY 
                   INSTALLATIONS IN 2005.

       (a) Revision to Force Structure Plan for 2005 Round.--
     Section 2912(a) of the Defense Base Closure and Realignment 
     Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note), as added by section 3001 of the National 
     Defense Authorization Act for Fiscal Year 2002 (Public Law 
     107-107; 115 Stat. 1342), is amended--
       (1) by striking subparagraph (A) of paragraph (1) and 
     inserting the following:
       ``(A) A force-structure plan for the Armed Forces that--
       ``(i) at a minimum, assumes the force structure under the 
     1991 Base Force force structure (as defined in paragraph (5)) 
     that is also known as the `Cheney-Powell force structure'; 
     and
       ``(ii) includes such consideration as the Secretary 
     considers appropriate of an assessment by the Secretary of--

       ``(I) the probable threats to the national security during 
     the 20-year period beginning with fiscal year 2005;
       ``(II) the probable end-strength levels and major military 
     force units (including land force divisions, carrier and 
     other major combatant vessels, air wings, and other 
     comparable units) needed to meet those threats; and
       ``(III) the anticipated levels of funding that will be 
     available for national defense purposes during such 
     period.'';

       (2) in paragraph (2)(A), by inserting before the period at 
     the end the following: ``, based upon an assumption that 
     there are no installations available outside the United 
     States for the permanent basing of elements of the Armed 
     Forces'';
       (3) in paragraph (4), by inserting after the first sentence 
     the following new sentence: ``Any such revision shall be 
     consistent with this subsection.''; and
       (4) by adding at the end the following new paragraph:
       ``(5) Base force.--In this subsection, the term `1991 Base 
     Force force structure' means the force structure plan for the 
     Armed Forces, known as the `Base Force', that was adopted by 
     the Secretary of Defense in November 1990 based upon 
     recommendations of the Chairman of the Joint Chiefs of Staff 
     and as incorporated in the President's budget for fiscal year 
     1992, as submitted to Congress in February 1991 and that 
     assumed the following force structure:
       ``(A) For the Department of Defense, 1,600,000 members of 
     the Armed Forces on active duty and 900,000 members in an 
     active status in the reserve components.
       ``(B) For the Army, 12 active divisions, six National Guard 
     divisions, and two cadre divisions or their equivalents.
       ``(C) For the Navy, 12 aircraft carrier battle groups or 
     their equivalents and 451 naval vessels, including 85 attack 
     submarines.
       ``(D) For the Marine Corps, three active and one Reserve 
     divisions and three active and one Reserve air wings.
       ``(E) For the Air Force, 15 active fighter wings and 11 
     National Guard fighter wings or their equivalents.''.
       (b) Preparation of List of Military Installations Excluded 
     from Consideration in 2005 Round.--Section 2913 of the 
     Defense Base Closure and Realignment Act of 1990 (part A of 
     title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as 
     added by section 3002 of the National Defense Authorization 
     Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 
     1344), is amended by adding at the end the following new 
     subsections:
       ``(g) Base Exclusion Criteria.--In preparing the selection 
     criteria required by this section that will be used in making 
     recommendations for the closure or realignment of military 
     installations inside the United States, the Secretary shall 
     ensure that the final criteria reflect the requirement to 
     develop a list of those military installations to be excluded 
     from the base closure and realignment process, as provided in 
     subsection (h).
       ``(h) List of Installations Excluded From Consideration for 
     Closure or Realignment.--(1) Before preparing the list 
     required by section 2914(a) of the military installations 
     inside the United States that the Secretary recommends for 
     closure or realignment, the Secretary shall prepare a list of 
     core military installations that the Secretary considers 
     absolutely essential to the national defense and that should 
     not be considered for closure.
       ``(2) Not later than April 1, 2005, the Secretary shall 
     submit to the congressional defense committees, publish in 
     the Federal Register, and send to the Commission the list 
     required by paragraph (1). The list shall contain at least 50 
     percent of the total number of military installations located 
     inside the United States as of the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 2004.
       ``(3) The Commission shall consider the list based on the 
     final criteria developed under subsection (e). The Commission 
     may modify this list, in the manner provided in section 
     2903(d) and section 2914(d), if the Commission finds that the 
     inclusion of a military installation on the list 
     substantially violates the criteria. The Commission shall 
     forward to the President, not later than April 30, 2005, a 
     report containing its recommendations regarding the list, 
     which must comply with the percentages specified in paragraph 
     (2). The Comptroller General shall also comply with section 
     2903(d)(5) by that date.
       ``(4) If the Commission submits a report to the President 
     under paragraph (3), the President shall notify Congress, not 
     later than May 10, 2005, regarding whether the President 
     approves or disapproves the report. If the President 
     disapproves the report, the Commission shall be dissolved, 
     and the process by which military installations may be 
     selected for closure or realignment under this part in 2005 
     shall be terminated.
       ``(5) A military installation included on the exclusion 
     list approved under this subsection may not be included on 
     the closure and realignment list prepared under section 
     2914(a) or otherwise considered for closure or realignment as 
     part of the base closure process in 2005.''.

     SEC. 2843. USE OF FORCE-STRUCTURE PLAN FOR THE ARMED FORCES 
                   IN PREPARATION OF SELECTION CRITERIA FOR BASE 
                   CLOSURE ROUND.

       Section 2913(a) of the Defense Base Closure and Realignment 
     Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note), as added by section 3002 of the National 
     Defense Authorization Act for Fiscal Year 2002 (Public Law 
     107-107; 115 Stat. 1344), is amended by adding at the end the 
     following new paragraph:
       ``(3) Use of force-structure plan.--In preparing the 
     proposed and final criteria to be used by the Secretary in 
     making recommendations under section 2914 for the closure or 
     realignment of military installations inside the United 
     States, the Secretary shall use the force-structure plan for 
     the Armed Forces prepared under section 2912(a).''

[[Page 12549]]



     SEC. 2844. REQUIREMENT FOR UNANIMOUS VOTE OF DEFENSE BASE 
                   CLOSURE AND REALIGNMENT COMMISSION TO RECOMMEND 
                   CLOSURE OF MILITARY INSTALLATION NOT 
                   RECOMMENDED FOR CLOSURE BY SECRETARY OF 
                   DEFENSE.

       Section 2914(d) of the Defense Base Closure and Realignment 
     Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note), as added by section 3003 of the Military 
     Construction Authorization Act for Fiscal Year 2002 (division 
     B of Public Law 107-107; 155 Stat, 1346) and amended by 
     section 2854 of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 
     2728), is amended--
       (1) in paragraph (3), by striking ``to add'' and inserting 
     ``to consider additions''; and
       (2) in paragraph (5)--
       (A) by inserting ``and unanimous vote'' after ``Site 
     visit''; and
       (B) by inserting before the period at the end the 
     following: ``and the decision of the Commission to recommend 
     the closure of the installation is unanimous''.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

     SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Department of Energy for 
     fiscal year 2004 for the activities of the National Nuclear 
     Security Administration in carrying out programs necessary 
     for national security in the amount of $8,822,075,000, to be 
     allocated as follows:
       (1) For weapons activities, $6,393,000,000.
       (2) For defense nuclear nonproliferation activities, 
     $1,312,695,000.
       (3) For naval reactors, $768,400,000.
       (4) For the Office of the Administrator for Nuclear 
     Security, $347,980,000.
       (b) Authorization of New Plant Projects.--From funds 
     referred to in subsection (a) that are available for carrying 
     out plant projects, the Secretary of Energy may carry out, 
     for weapons activities, the following new plant projects:
       Project 04-D-101, test capabilities revitalization, Sandia 
     National Laboratories, Albuquerque, New Mexico, $36,450,000.
       Project 04-D-102, exterior communications infrastructure 
     modernization, Sandia National Laboratories, Albuquerque, New 
     Mexico, $20,000,000.
       Project 04-D-103, project engineering and design, various 
     locations, $2,000,000.
       Project 04-D-104, national security sciences building, Los 
     Alamos National Laboratory, Los Alamos, New Mexico, 
     $38,000,000.
       Project 04-D-125, chemistry and metallurgy facility 
     replacement project, Los Alamos National Laboratory, Los 
     Alamos, New Mexico, $20,500,000.
       Project 04-D-126, Building 12-44 production cells upgrade, 
     Pantex plant, Amarillo, Texas, $8,780,000.
       Project 04-D-127, cleaning and loading modifications, 
     Savannah River Site, Aiken, South Carolina, $2,750,000.
       Project 04-D-128, TA-18 Mission relocation project, Los 
     Alamos National Laboratory, Los Alamos, New Mexico, 
     $8,820,000.
       Project 04-D-203, facilities and infrastructure 
     recapitalization program, project engineering and design, 
     various locations, $3,719,000.

     SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Department of Energy for 
     fiscal year 2004 for environmental management activities in 
     carrying out programs necessary for national security in the 
     amount of $6,819,314,000, to be allocated as follows:
       (1) For defense site acceleration completion, 
     $5,824,135,000.
       (2) For defense environmental services, $995,179,000.
       (b) Authorization of New Plant Projects.--From funds 
     referred to in subsection (a) that are available for carrying 
     out plant projects, the Secretary of Energy may carry out, 
     for defense site acceleration completion, the following new 
     plant projects:
       Project 04-D-408, glass waste storage building #2, Savannah 
     River Site, Aiken, South Carolina, $20,259,000.
       Project 04-D-414, project engineering and design, various 
     locations, $23,500,000.
       Project 04-D-423, 3013 container surveillance capability in 
     235-F, Savannah River Site, Aiken, South Carolina, 
     $1,134,000.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2004 for other defense 
     activities in carrying out programs necessary for national 
     security in the amount of $497,331,000.

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2004 for defense nuclear 
     waste disposal for payment to the Nuclear Waste Fund 
     established in section 302(c) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10222(c)) in the amount of $430,000,000.

     SEC. 3105. ENERGY SUPPLY.

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

   Subtitle B--Program Authorizations, Restrictions, and Limitations

     SEC. 3111. MODIFICATION OF PROHIBITION RELATING TO LOW-YIELD 
                   NUCLEAR WEAPONS.

       Section 3136 of the National Defense Authorization Act for 
     Fiscal Year 1994 (42 U.S.C. 2121 note) is amended--
       (1) in the section heading, by striking ``RESEARCH AND 
     DEVELOPMENT'' and inserting ``DEVELOPMENT AND PRODUCTION'';
       (2) in subsection (a), by striking ``conduct research and 
     development which could lead to the production by the United 
     States of'' and insert ``develop or produce'';
       (3) in subsection (b)--
       (A) by striking ``conduct, or provide for the conduct of, 
     research and development which could lead to the production 
     by the United States of'' and insert ``develop, produce, or 
     provide for the development or production of,''; and
       (B) by striking ``the date of the enactment of this Act,'' 
     and inserting ``November 30, 1993,'';
       (4) in subsection (c)--
       (A) by striking ``Research and'' in the subsection heading;
       (B) by striking ``research and'' in the matter preceding 
     paragraph (1); and
       (C) by inserting ``, including assessment of low-yield 
     nuclear weapons development by other nations that may pose a 
     national security risk to the United States'' before the 
     period at the end of paragraph (3);
       (5) by redesignating subsection (d) as subsection (e); and
       (6) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Effect on Studies and Design Work.--Nothing in this 
     section shall prohibit the Secretary of Energy from 
     conducting, or providing for the conduct of, concept 
     definition studies, feasibility studies, or detailed 
     engineering design work.''.

     SEC. 3112. TERMINATION OF REQUIREMENT FOR ANNUAL UPDATES OF 
                   LONG-TERM PLAN FOR NUCLEAR WEAPONS STOCKPILE 
                   LIFE EXTENSION PROGRAM.

       Section 3133 of the National Defense Authorization Act for 
     Fiscal Year 2000 (42 U.S.C. 2121 note) is amended by adding 
     at the end the following new subsection:
       ``(g) Termination of Annual Updates.--Effective December 
     31, 2004, the requirements of subsections (c), (d), (e), and 
     (f) shall terminate.''.

     SEC. 3113. EXTENSION TO ALL DOE FACILITIES OF AUTHORITY TO 
                   PROHIBIT DISSEMINATION OF CERTAIN UNCLASSIFIED 
                   INFORMATION.

       Subsection a. of section 148 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2168) is amended in paragraph (1)--
       (1) in the matter preceding subparagraph (A), by striking 
     ``, with respect to atomic energy defense programs,'';
       (2) in subparagraph (A), by striking ``production 
     facilities or utilization facilities'' and inserting 
     ``production facilities, utilization facilities, nuclear 
     waste storage facilities, or uranium enrichment facilities, 
     or any other facilities at which activities relating to 
     nuclear weapons or nuclear materials are carried out, that 
     are under the control or jurisdiction of the Secretary of 
     Energy''; and
       (3) in subparagraph (B), by striking ``production or 
     utilization facilities'' and inserting ``such facilities''.

     SEC. 3114. DEPARTMENT OF ENERGY PROJECT REVIEW GROUPS NOT 
                   SUBJECT TO FEDERAL ADVISORY COMMITTEE ACT BY 
                   REASON OF INCLUSION OF EMPLOYEES OF DEPARTMENT 
                   OF ENERGY MANAGEMENT AND OPERATING CONTRACTORS.

       An officer or employee of a management and operating 
     contractor of the Department of Energy, when serving as a 
     member of a group reviewing or advising on matters related to 
     any one or more management and operating contracts of the 
     Department, shall be treated as an officer or employee of the 
     Department for purposes of determining whether the group is 
     an advisory committee within the meaning of section 3 of the 
     Federal Advisory Committee Act (5 U.S.C. App.).

     SEC. 3115. AVAILABILITY OF FUNDS.

       Section 3628 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2760; 42 U.S.C. 7386h) is amended to read as 
     follows:

     ``SEC. 3628. AVAILABILITY OF FUNDS.

       ``(a) In General.--Except as provided in subsection (b), 
     amounts appropriated pursuant to a DOE national security 
     authorization for a fiscal year--
       ``(1) shall remain available to be expended only in that 
     fiscal year and the two succeeding fiscal years, in the case 
     of amounts for the National Nuclear Security Administration; 
     and
       ``(2) may, when so specified in an appropriations Act, 
     remain available until expended, in all other cases.
       ``(b) Program Direction.--Amounts appropriated pursuant to 
     a DOE national security authorization for a fiscal year for 
     program direction shall remain available to be obligated only 
     until the end of that fiscal year.''.

     SEC. 3116. LIMITATION ON OBLIGATION OF FUNDS FOR NUCLEAR TEST 
                   READINESS PROGRAM.

       Not more than 40 percent of the funds made available to the 
     Secretary of Energy for fiscal year 2004 for the Nuclear Test 
     Readiness program of the Department of Energy may be 
     obligated until--

[[Page 12550]]

       (1) the Secretary of Energy submits to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     the report required by section 3142(c) of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003 
     (Public Law 107-314; 116 Stat. 2733), relating to plans for 
     achieving enhanced readiness postures for resumption by the 
     United States of underground nuclear weapons tests; and
       (2) a period of 30 days has passed after the date on which 
     such report is received by those committees.

     SEC. 3117. REQUIREMENT FOR ON-SITE MANAGERS.

       (a) On-Site Manager Requirement.--Before obligating any 
     defense nuclear nonproliferation funds for a project 
     described in subsection (b), the Secretary of Energy shall 
     appoint a United States Federal Government employee as an on-
     site manager.
       (b) Projects Covered.--Subsection (a) applies to a 
     project--
       (1) to be located in a state of the former Soviet Union;
       (2) which involves dismantlement, destruction, or storage 
     facilities, or construction of a facility; and
       (3) with respect to which the total contribution by the 
     Department of Energy is expected to exceed $25,000,000.
       (c) Duties of On-Site Manager.--The on-site manager 
     appointed under subsection (a) shall--
       (1) develop, in cooperation with representatives from 
     governments of countries participating in the project, a list 
     of those steps or activities critical to achieving the 
     project's disarmament or nonproliferation goals;
       (2) establish a schedule for completing those steps or 
     activities;
       (3) meet with all participants to seek assurances that 
     those steps or activities are being completed on schedule; 
     and
       (4) suspend United States participation in a project when a 
     non-United States participant fails to complete a scheduled 
     step or activity on time, unless directed by the Secretary of 
     Energy to resume United States participation.
       (d) Steps or Activities.--Steps or activities referred to 
     in subsection (c)(1) are those activities that, if not 
     completed, will prevent a project from achieving its 
     disarmament or nonproliferation goals, including, at a 
     minimum, the following:
       (1) Identification and acquisition of permits (as defined 
     in subsection (f)).
       (2) Verification that the items, substances, or 
     capabilities to be dismantled, secured, or otherwise modified 
     are available for dismantlement, securing, or modification.
       (3) Timely provision of financial, personnel, management, 
     transportation, and other resources.
       (e) Notification to Congress.--In any case in which the 
     Secretary of Energy directs an on-site manager to resume 
     United States participation in a project under subsection 
     (c)(4), the Secretary shall concurrently notify Congress of 
     such direction.
       (f) Permit Defined.--In this section, the term ``permit'' 
     means any local or national permit for development, general 
     construction, environmental, land use, or other purposes that 
     is required in the state of the former Soviet Union in which 
     the project is being or is proposed to be carried out.
       (g) Effective Date.--This section shall take effect six 
     months after the date of the enactment of this Act.

       Subtitle C--Consolidation of National Security Provisions

     SEC. 3121. TRANSFER AND CONSOLIDATION OF RECURRING AND 
                   GENERAL PROVISIONS ON DEPARTMENT OF ENERGY 
                   NATIONAL SECURITY PROGRAMS.

       (a) Purpose.--
       (1) In general.--The purpose of this section is to assemble 
     together, without substantive amendment but with technical 
     and conforming amendments of a non-substantive nature, 
     recurring and general provisions of law on Department of 
     Energy national security programs that remain in force in 
     order to consolidate and organize such provisions of law into 
     a single Act intended to comprise general provisions of law 
     on such programs.
       (2) Construction of transfers.--The transfer of a provision 
     of law by this section shall not be construed as amending, 
     altering, or otherwise modifying the substantive effect of 
     such provision.
       (3) Coordination with other amendments.--For purposes of 
     applying amendments made by provisions of this Act other than 
     provisions of this section, this section shall be treated as 
     having been enacted immediately after the other provisions of 
     this Act.
       (4) Treatment of satisfied requirements.--Any requirement 
     in a provision of law transferred under this section 
     (including a requirement that an amendment to law be 
     executed) that has been fully satisfied in accordance with 
     the terms of such provision of law as of the date of transfer 
     under this section shall be treated as so fully satisfied, 
     and shall not be treated as being revived solely by reason of 
     transfer under this section.
       (5) Classification.--The provisions of the Atomic Energy 
     Defense Act, as amended by this section, shall be classified 
     to the United States Code as a new chapter of title 50, 
     United States Code.
       (b) Division Heading.--The Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314) 
     is amended by adding at the end the following new division 
     heading:

           ``DIVISION D--ATOMIC ENERGY DEFENSE PROVISIONS''.

       (c) Short Title; Definition.--
       (1) Short title.--Section 3601 of the Atomic Energy Defense 
     Act (title XXXVI of Public Law 107-314; 116 Stat. 2756) is--
       (A) transferred to the end of the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003;
       (B) redesignated as section 4001;
       (C) inserted after the heading for division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as added by subsection (b); and
       (D) amended by striking ``title'' and inserting 
     ``division''.
       (2) Definition.--Division D of the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003, as amended by 
     this section, is further amended by adding at the end the 
     following new section:

     ``SEC. 4002. DEFINITION.

       ``In this division, the term `congressional defense 
     committees' means--
       ``(1) the Committee on Armed Services and the Committee on 
     Appropriations of the Senate; and
       ``(2) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.''.
       (d) Organizational Matters.--
       (1) Title heading.--Division D of the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003, as amended by 
     this section, is further amended by adding at the end the 
     following:

                 ``TITLE XLI--ORGANIZATIONAL MATTERS''.

       (2) Naval nuclear propulsion program.--Section 1634 of the 
     Department of Defense Authorization Act, 1985 (Public Law 98-
     525; 98 Stat. 2649) is--
       (A) transferred to title XLI of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     added by paragraph (1);
       (B) inserted after the title heading for such title, as so 
     added; and
       (C) amended--
       (i) by striking the section heading and inserting the 
     following new section heading:

     ``SEC. 4101. NAVAL NUCLEAR PROPULSION PROGRAM.''; AND

       (ii) by striking ``Sec. 1634.''.
       (3) Management structure for facilities and laboratories.--
     Section 3140 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2833) is--
       (A) transferred to title XLI of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4102;
       (C) inserted after section 4101, as added by paragraph (2); 
     and
       (D) amended in subsection (d)(2), by striking ``120 days 
     after the date of the enactment of this Act,'' and inserting 
     ``January 21, 1997,''.
       (4) Restriction on licensing requirements for certain 
     activities and facilities.--Section 210 of the Department of 
     Energy National Security and Military Applications of Nuclear 
     Energy Authorization Act of 1981 (Public Law 96-540; 94 Stat. 
     3202) is--
       (A) transferred to title XLI of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) inserted after section 4102, as added by paragraph (3); 
     and
       (C) amended--
       (i) by striking the section heading and inserting the 
     following new section heading:

     ``SEC. 4103. RESTRICTION ON LICENSING REQUIREMENT FOR CERTAIN 
                   DEFENSE ACTIVITIES AND FACILITIES.'';

       (ii) by striking ``Sec. 210.''; and
       (iii) by striking ``this or any other Act'' and inserting 
     ``the Department of Energy National Security and Military 
     Applications of Nuclear Energy Authorization Act of 1981 
     (Public Law 96-540) or any other Act''.
       (e) Nuclear Weapons Stockpile Matters.--
       (1) Headings.--Division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     section, is further amended by adding at the end the 
     following new headings:

            ``TITLE XLII--NUCLEAR WEAPONS STOCKPILE MATTERS

     ``Subtitle A--Stockpile Stewardship and Weapons Production''.

       (2) Stockpile stewardship program.--Section 3138 of the 
     National Defense Authorization Act for Fiscal Year 1994 
     (Public Law 103-160; 107 Stat. 1946), as amended by section 
     3152(e) of the National Defense Authorization Act for Fiscal 
     Year 1998 (Public Law 105-85; 111 Stat. 2042), is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as added by paragraph (1);
       (B) redesignated as section 4201; and
       (C) inserted after the heading for subtitle A of such 
     title, as so added.
       (3) Stockpile stewardship criteria.--Section 3158 of the 
     Strom Thurmond National Defense Authorization Act for Fiscal 
     Year 1999 (Public Law 105-261; 112 Stat. 2257), as amended, 
     is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4202; and
       (C) inserted after section 4201, as added by paragraph (2).

[[Page 12551]]

       (4) Plan for stewardship, management, and certification of 
     warheads in stockpile.--Section 3151 of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 
     111 Stat. 2041) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4203; and
       (C) inserted after section 4202, as added by paragraph (3).
       (5) Stockpile life extension program.--Section 3133 of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 926) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4204;
       (C) inserted after section 4203, as added by paragraph (4); 
     and
       (D) amended in subsection (c)(1) by striking ``the date of 
     the enactment of this Act'' and inserting ``October 5, 
     1999''.
       (6) Annual assessments and reports on condition of 
     stockpile.--Section 3141 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2730) is--
       (A) transferred to title XLII of division D of such Act, as 
     amended by this subsection;
       (B) redesignated as section 4205;
       (C) inserted after section 4204, as added by paragraph (5); 
     and
       (D) amended in subsection (d)(3)(B) by striking ``section 
     3137 of the National Defense Authorization Act for Fiscal 
     Year 1996 (42 U.S.C. 2121 note)'' and inserting ``section 
     4212''.
       (7) Form of certain certifications regarding stockpile.--
     Section 3194 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-481) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4206; and
       (C) inserted after section 4205, as added by paragraph (6).
       (8) Nuclear test ban readiness program.--Section 1436 of 
     the National Defense Authorization Act, Fiscal Year 1989 
     (Public Law 100-456; 102 Stat. 2075) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4207;
       (C) inserted after section 4206, as added by paragraph (7); 
     and
       (D) amended in the section heading by adding a period at 
     the end.
       (9) Study on nuclear test readiness postures.--Section 3152 
     of the National Defense Authorization Act for Fiscal Year 
     1996 (Public Law 104-106; 110 Stat. 623), as amended by 
     section 3192 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-480), is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4208; and
       (C) inserted after section 4207, as added by paragraph (8).
       (10) Requirements for requests for new or modified nuclear 
     weapons.--Section 3143 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2733) is--
       (A) transferred to title XLII of division D of such Act, as 
     amended by this subsection;
       (B) redesignated as section 4209; and
       (C) inserted after section 4208, as added by paragraph (9).
       (11) Limitation on underground nuclear weapons tests.--
     Subsection (f) of section 507 of the Energy and Water 
     Development Appropriations Act, 1993 (Public Law 102-337; 106 
     Stat. 1345) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after section 4209, as added by paragraph 
     (10); and
       (C) amended--
       (i) by inserting before the text the following new section 
     heading:

     ``SEC. 4210. LIMITATION ON UNDERGROUND NUCLEAR WEAPONS 
                   TESTS.''; AND

       (ii) by striking ``(f)''.
       (12) Testing of nuclear weapons.--Section 3137 of the 
     National Defense Authorization Act for Fiscal Year 1994 
     (Public Law 103-160; 107 Stat. 1946) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4211;
       (C) inserted after section 4210, as added by paragraph 
     (11); and
       (D) amended--
       (i) in subsection (a), by inserting ``of the National 
     Defense Authorization Act for Fiscal Year 1994 (Public Law 
     103-160)'' after ``section 3101(a)(2)''; and
       (ii) in subsection (b), by striking ``this Act'' and 
     inserting ``the National Defense Authorization Act for Fiscal 
     Year 1994''.
       (13) Manufacturing infrastructure for stockpile.--Section 
     3137 of the National Defense Authorization Act for Fiscal 
     Year 1996 (Public Law 104-106; 110 Stat. 620), as amended by 
     section 3132 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2829), is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4212;
       (C) inserted after section 4211, as added by paragraph 
     (12); and
       (D) amended in subsection (d) by inserting ``of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106)'' after ``section 3101(b)''.
       (14) Reports on critical difficulties at laboratories and 
     plants.--Section 3159 of the National Defense Authorization 
     Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
     2842), as amended by section 1305 of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 
     111 Stat. 1954) and section 3163 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 944), is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4213; and
       (C) inserted after section 4212, as added by paragraph 
     (13).
       (15) Subtitle heading on tritium.--Title XLII of division D 
     of the Bob Stump National Defense Authorization Act for 
     Fiscal Year 2003, as amended by this subsection, is further 
     amended by adding at the end the following new subtitle 
     heading:

                        ``Subtitle B--Tritium''.

       (16) Tritium production program.--Section 3133 of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat. 618) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4231;
       (C) inserted after the heading for subtitle B of such title 
     XLII, as added by paragraph (15); and
       (D) amended--
       (i) by striking ``the date of the enactment of this Act'' 
     each place it appears and inserting ``February 10, 1996''; 
     and
       (ii) in subsection (b), by inserting ``of the National 
     Defense Authorization Act for Fiscal Year 1996 (Public Law 
     104-106)'' after ``section 3101''.
       (17) Tritium recycling.--Section 3136 of the National 
     Defense Authorization Act for Fiscal Year 1996 (Public Law 
     104-106; 110 Stat. 620) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4232; and
       (C) inserted after section 4231, as added by paragraph 
     (16).
       (18) Tritium Production.--Subsections (c) and (d) of 
     section 3133 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2830) are--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after section 4232, as added by paragraph 
     (17); and
       (C) amended--
       (i) by inserting before the text the following new section 
     heading:

     ``SEC. 4233. TRITIUM PRODUCTION.'';

       (ii) by redesignating such subsections as subsections (a) 
     and (b), respectively; and
       (iii) in subsection (a), as so redesignated, by inserting 
     ``of Energy'' after ``The Secretary''.
       (19) Modernization and consolidation of tritium recycling 
     facilities.--Section 3134 of the National Defense 
     Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
     110 Stat. 2830) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4234;
       (C) inserted after section 4233, as added by paragraph 
     (18); and
       (D) amended in subsection (b) by inserting ``of the 
     National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201)'' after ``section 3101''.
       (20) Procedures for meeting tritium production 
     requirements.--Section 3134 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 927) is--
       (A) transferred to title XLII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4235; and
       (C) inserted after section 4234, as added by paragraph 
     (19).
       (f) Proliferation Matters.--
       (1) Title heading.--Division D of the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003, as amended by 
     this section, is further amended by adding at the end the 
     following new title heading:

                ``TITLE XLIII--PROLIFERATION MATTERS''.

       (2) International cooperative stockpile stewardship.--
     Section 3133 of the National Defense Authorization Act for 
     Fiscal Year 1998

[[Page 12552]]

     (Public Law 105-85; 111 Stat. 2036), as amended by sections 
     1069 and 3131 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     112 Stat. 2136, 2246), is--
       (A) transferred to title XLIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as added by paragraph (1);
       (B) redesignated as section 4301;
       (C) inserted after the heading for such title, as so added; 
     and
       (D) amended in subsection (b)(3) by striking ``of this 
     Act'' and inserting ``of the National Defense Authorization 
     Act for Fiscal Year 1998 (Public Law 105-85)''.
       (3) Nonproliferation initiatives and activities.--Section 
     3136 of the National Defense Authorization Act for Fiscal 
     Year 2000 (Public Law 106-65; 113 Stat. 927) is--
       (A) transferred to title XLIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4302;
       (C) inserted after section 4301, as added by paragraph (2); 
     and
       (D) amended in subsection (b)(1) by striking ``this title'' 
     and inserting ``title XXXI of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65)''.
       (4) Annual report on materials protection, control, and 
     accounting program.--Section 3171 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1645A-475) 
     is--
       (A) transferred to title XLIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4303;
       (C) inserted after section 4302, as added by paragraph (3); 
     and
       (D) amended in subsection (c)(1) by striking ``this Act'' 
     and inserting ``the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398)''.
       (5) Nuclear cities initiative.--Section 3172 of the Floyd 
     D. Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398; 114 Stat. 
     1645A-476) is--
       (A) transferred to title XLIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4304; and
       (C) inserted after section 4303, as added by paragraph (4).
       (6) Programs on fissile materials.--Section 3131 of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat. 617), as amended by section 
     3152 of the Bob Stump National Defense Authorization Act for 
     Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2738), is--
       (A) transferred to title XLIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4305; and
       (C) inserted after section 4304, as added by paragraph (5).
       (g) Environmental Restoration and Waste Management 
     Matters.--
       (1) Headings.--Division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     section, is further amended by adding at the end the 
     following new headings:

  ``TITLE XLIV--ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT MATTERS

    ``Subtitle A--Environmental Restoration and Waste Management''.

       (2) Defense environmental restoration and waste management 
     account.--Section 3134 of the National Defense Authorization 
     Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 
     Stat. 1575) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as added by paragraph (1);
       (B) redesignated as section 4401; and
       (C) inserted after the heading for subtitle A of such 
     title, as so added.
       (3) Future use plans for environmental management 
     program.--Section 3153 of the National Defense Authorization 
     Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2839) 
     is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4402;
       (C) inserted after section 4401, as added by paragraph (2); 
     and
       (D) amended--
       (i) in subsection (d), by striking ``the date of the 
     enactment of this Act'' and inserting ``September 23, 
     1996,''; and
       (ii) in subsection (h)(1), by striking ``the date of the 
     enactment of this Act'' and inserting ``September 23, 1996''.
       (4) Integrated fissile materials management plan.--Section 
     3172 of the National Defense Authorization Act for Fiscal 
     Year 2000 (Public Law 106-65; 113 Stat. 948) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4403; and
       (C) inserted after section 4402, as added by paragraph (3).
       (5) Baseline environmental management reports.--Section 
     3153 of the National Defense Authorization Act for Fiscal 
     Year 1994 (Public Law 103-160; 107 Stat. 1950), as amended by 
     section 3160 of the National Defense Authorization Act for 
     Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3094), 
     section 3152 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2839), and 
     section 3160 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2048), is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4404; and
       (C) inserted after section 4403, as added by paragraph (4).
       (6) Accelerated schedule of environmental restoration and 
     waste management.--Section 3156 of the National Defense 
     Authorization Act for Fiscal Year 1996 (Public Law 104-106; 
     110 Stat. 625) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4405;
       (C) inserted after section 4404, as added by paragraph (5); 
     and
       (D) amended in subsection (b)(2) by inserting before the 
     period the following: ``, the predecessor provision to 
     section 4404 of this Act''.
       (7) Defense waste cleanup technology program.--Section 3141 
     of the National Defense Authorization Act for Fiscal Years 
     1990 and 1991 (Public Law 101-189; 103 Stat. 1679) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4406;
       (C) inserted after section 4405, as added by paragraph (6); 
     and
       (D) amended in the section heading by adding a period at 
     the end.
       (8) Report on environmental restoration expenditures.--
     Section 3134 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1833) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4407;
       (C) inserted after section 4406, as added by paragraph (7); 
     and
       (D) amended in the section heading by adding a period at 
     the end.
       (9) Public participation in planning for environmental 
     restoration and waste management.--Subsection (e) of section 
     3160 of the National Defense Authorization Act for Fiscal 
     Year 1995 (Public Law 103-337; 108 Stat. 3095) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after section 4407, as added by paragraph (8); 
     and
       (C) amended--
       (i) by inserting before the text the following new section 
     heading:

     ``SEC. 4408. PUBLIC PARTICIPATION IN PLANNING FOR 
                   ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT 
                   AT DEFENSE NUCLEAR FACILITIES.''; AND

       (ii) by striking ``(e) Public Participation in Planning.--
     ''.
       (10) Subtitle heading on closure of facilities.--Title XLIV 
     of division D of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003, as amended by this subsection, is 
     further amended by adding at the end the following new 
     subtitle heading:

                 ``Subtitle B--Closure of Facilities''.

       (11) Projects to accelerate closure activities at defense 
     nuclear facilities.--Section 3143 of the National Defense 
     Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
     110 Stat. 2836) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4421;
       (C) inserted after the heading for subtitle B of such 
     title, as added by paragraph (10); and
       (D) amended in subsection (i), by striking ``the expiration 
     of the 15-year period beginning on the date of the enactment 
     of this Act'' and inserting ``September 23, 2011''.
       (12) Reports in connection with permanent closure of 
     defense nuclear facilities.--Section 3156 of the National 
     Defense Authorization Act for Fiscal Years 1990 and 1991 
     (Public Law 101-189; 103 Stat. 1683) is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4422;
       (C) inserted after section 4421, as added by paragraph 
     (11); and
       (D) amended in the section heading by adding a period at 
     the end.
       (13) Subtitle heading on Privatization.--Title XLIV of 
     division D of the Bob Stump National Defense Authorization 
     Act for Fiscal

[[Page 12553]]

     Year 2003, as amended by this subsection, is further amended 
     by adding at the end the following new subtitle heading:

                     ``Subtitle C--Privatization''.

       (14) Defense environmental management privatization 
     projects.--Section 3132 of the National Defense Authorization 
     Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2034) 
     is--
       (A) transferred to title XLIV of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4431;
       (C) inserted after the heading for subtitle C of such 
     title, as added by paragraph (13); and
       (D) amended--
       (i) in subsections (a), (c)(1)(B)(i), and (d), by inserting 
     ``of the National Defense Authorization Act for Fiscal Year 
     1998 (Public Law 105-85)'' after ``section 3102(i)''; and
       (ii) in subsections (c)(1)(B)(ii) and (f), by striking 
     ``the date of enactment of this Act'' and inserting 
     ``November 18, 1997''.
       (h) Safeguards and Security Matters.--
       (1) Headings.--Division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     section, is further amended by adding at the end the 
     following new headings:

              ``TITLE XLV--SAFEGUARDS AND SECURITY MATTERS

                ``Subtitle A--Safeguards and Security''.

       (2) Prohibition on international inspections of facilities 
     without protection of restricted data.--Section 3154 of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat. 624) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     added by paragraph (1);
       (B) redesignated as section 4501;
       (C) inserted after the heading for subtitle A of such 
     title, as so added; and
       (D) amended--
       (i) by striking ``(1) The'' and inserting ``The''; and
       (ii) by striking ``(2) For purposes of paragraph (1),'' and 
     inserting ``(c) Restricted Data Defined.--In this section,''.
       (3) Restrictions on access to laboratories by foreign 
     visitors from sensitive countries.--Section 3146 of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 935) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4502;
       (C) inserted after section 4501, as added by paragraph (2); 
     and
       (D) amended--
       (i) in subsection (b)(2)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``30 days after the date of the enactment of this Act'' and 
     inserting ``on November 4, 1999,''; and
       (II) in subparagraph (A), by striking ``The date that is 90 
     days after the date of the enactment of this Act'' and 
     inserting ``January 3, 2000'';

       (ii) in subsection (d)(1), by striking ``the date of the 
     enactment of this Act,'' and inserting ``October 5, 1999,''; 
     and
       (iii) in subsection (g), by adding at the end the following 
     new paragraphs:
       ``(3) The term `national laboratory' means any of the 
     following:
       ``(A) Lawrence Livermore National Laboratory, Livermore, 
     California.
       ``(B) Los Alamos National Laboratory, Los Alamos, New 
     Mexico.
       ``(C) Sandia National Laboratories, Albuquerque, New Mexico 
     and Livermore, California.
       ``(4) The term `Restricted Data' has the meaning given that 
     term in section 11 y. of the Atomic Energy Act of 1954 (42 
     U.S.C. 2014(y)).''.
       (4) Background investigations on certain personnel.--
     Section 3143 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 934) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4503;
       (C) inserted after section 4502, as added by paragraph (3); 
     and
       (D) amended--
       (i) in subsection (b), by striking ``the date of the 
     enactment of this Act'' and inserting ``October 5, 1999,''; 
     and
       (ii) by adding at the end the following new subsection:
       ``(c) Definitions.--In this section, the terms `national 
     laboratory' and `Restricted Data' have the meanings given 
     such terms in section 4502(g)).''.
       (5) Counterintelligence polygraph program.--
       (A) Department of energy counterintelligence polygraph 
     program.--Section 3152 of the National Defense Authorization 
     Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1376) 
     is--
       (i) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (ii) redesignated as section 4504;
       (iii) inserted after section 4503, as added by paragraph 
     (4); and
       (iv) amended in subsection (c) by striking ``section 3154 
     of the Department of Energy Facilities Safeguards, Security, 
     and Counterintelligence Enhancement Act of 1999 (subtitle D 
     of title XXXI of Public Law 106-65; 42 U.S.C. 7383h)'' and 
     inserting ``section 4504A''.
       (B) Counterintelligence polygraph program.--Section 3154 of 
     the National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 941), as amended by section 
     3135 of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted into law by Public Law 
     106-398; 114 Stat. 1654A-456), is--
       (i) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (ii) redesignated as section 4504A;
       (iii) inserted after section 4504, as added by subparagraph 
     (A); and
       (iv) amended in subsection (h) by striking ``180 days after 
     the date of the enactment of this Act,'' and inserting 
     ``April 5, 2000,''.
       (6) Notice of security and counterintelligence failures.--
     Section 3150 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 939) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4505;
       (C) inserted after section 4504A, as added by paragraph 
     (5)(B).
       (7) Annual report on security functions at nuclear weapons 
     facilities.--Section 3162 of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 
     111 Stat. 2049) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4506;
       (C) inserted after section 4505, as added by paragraph (6); 
     and
       (D) amended in subsection (b) by inserting ``of the 
     National Defense Authorization Act for Fiscal Year 1998 
     (Public Law 105-85; 111 Stat. 2048; 42 U.S.C. 7251 note)'' 
     after ``section 3161''.
       (8) Report on counterintelligence and security practices at 
     laboratories.--Section 3152 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 940) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4507;
       (C) inserted after section 4506, as added by paragraph (7); 
     and
       (D) amended by adding at the end the following new 
     subsection:
       ``(c) National Laboratory Defined.--In this section, the 
     term `national laboratory' has the meaning given that term in 
     section 4502(g)(3).''.
       (9) Report on security vulnerabilities of national 
     laboratory computers.--Section 3153 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 940) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4508;
       (C) inserted after section 4507, as added by paragraph (8); 
     and
       (D) amended by adding at the end the following new 
     subsection:
       ``(f) National Laboratory Defined.--In this section, the 
     term `national laboratory' has the meaning given that term in 
     section 4502(g)(3).''.
       (10) Subtitle heading on classified information.--Title XLV 
     of division D of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003, as amended by this subsection, is 
     further amended by adding at the end the following new 
     subtitle heading:

                ``Subtitle B--Classified Information''.

       (11) Review of certain documents before declassification 
     and release.--Section 3155 of the National Defense 
     Authorization Act for Fiscal Year 1996 (Public Law 104-106; 
     110 Stat. 625) is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4521; and
       (C) inserted after the heading for subtitle B of such 
     title, as added by paragraph (10).
       (12) Protection against inadvertent release of restricted 
     data and formerly restricted data.--Section 3161 of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (Public Law 105-261; 112 Stat. 2259), as amended by 
     section 1067(3) of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 774) and 
     section 3193 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-480), is--
       (A) transferred to title XLV of division D of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003, as 
     amended by this subsection;
       (B) redesignated as section 4522;
       (C) inserted after section 4521, as added by paragraph 
     (11); and
       (D) amended--
       (i) in subsection (c)(1), by striking ``the date of the 
     enactment of this Act'' and inserting ``October 17, 1998,'';

[[Page 12554]]

       (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;
       ``(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

[[Page 12555]]

     Year 1995 (Public Law 103-337; 108 Stat. 3085) is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4622;
       (C) inserted after section 4621, as added by paragraph (8); 
     and
       (D) amended--
       (i) in subsection (a)(1), by striking ``section 3138 of the 
     National Defense Authorization Act for Fiscal Year 1994 
     (Public Law 103-160; 107 Stat. 1946; 42 U.S.C. 2121 note)'' 
     and inserting ``section 4201''; and
       (ii) in subsection (b)(2), by inserting ``of the National 
     Defense Authorization Act for Fiscal Year 1995 (Public Law 
     103-337)'' after ``section 3101(a)(1)''.
       (10) Fellowship program for development of skills critical 
     to nuclear weapons complex.--Section 3140 of the National 
     Defense Authorization Act for Fiscal Year 1996 (Public Law 
     104-106; 110 Stat 621), as amended by section 3162 of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 943), is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4623; and
       (C) inserted after section 4622, as added by paragraph (9).
       (11) Subtitle heading on worker safety.--Title XLVI of 
     division D of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003, as amended by this subsection, is 
     further amended by adding at the end the following new 
     subtitle heading:

                     ``Subtitle C--Worker Safety''.

       (12) Worker protection at nuclear weapons facilities.--
     Section 3131 of the National Defense Authorization Act for 
     Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 
     1571) is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4641;
       (C) inserted after the heading for subtitle C of such 
     title, as added by paragraph (11); and
       (D) amended in subsection (e) by inserting ``of the 
     National Defense Authorization Act for Fiscal Years 1992 and 
     1993 (Public Law 102-190)'' after ``section 3101(9)(A)''.
       (13) Safety oversight and enforcement at defense nuclear 
     facilities.--Section 3163 of the National Defense 
     Authorization Act for Fiscal Year 1995 (Public Law 103-337; 
     108 Stat. 3097) is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4642;
       (C) inserted after section 4641, as added by paragraph 
     (12); and
       (D) amended in subsection (b) by striking ``90 days after 
     the date of the enactment of this Act,'' and inserting 
     ``January 5, 1995,''.
       (14) Program to monitor workers at defense nuclear 
     facilities exposed to hazardous or radioactive substances.--
     Section 3162 of the National Defense Authorization Act for 
     Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2646) is--
       (A) transferred to title XLVI of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4643;
       (C) inserted after section 4642, as added by paragraph 
     (13); and
       (D) amended--
       (i) in subsection (b)(6), by striking ``1 year after the 
     date of the enactment of this Act'' and inserting ``October 
     23, 1993'';
       (ii) in subsection (c), by striking ``180 days after the 
     date of the enactment of this Act,'' and inserting ``April 
     23, 1993,''; and
       (iii) by adding at the end the following new subsection:
       ``(c) Definitions.--In this section:
       ``(1) The term `Department of Energy defense nuclear 
     facility' has the meaning given that term in section 4604(g).
       ``(2) The term `Department of Energy employee' means any 
     employee of the Department of Energy employed at a Department 
     of Energy defense nuclear facility, including any employee of 
     a contractor of subcontractor of the Department of Energy 
     employed at such a facility.''.
       (j) Budget and Financial Management Matters.--
       (1) Headings.--Division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     section, is further amended by adding at the end the 
     following new headings:

         ``TITLE XLVII--BUDGET AND FINANCIAL MANAGEMENT MATTERS

 ``Subtitle A--Recurring National Security Authorization Provisions''.

       (2) Recurring national security authorization provisions.--
     Sections 3620 through 3631 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2756) are--
       (A) transferred to title XLVII of division D of such Act, 
     as added by paragraph (1);
       (B) redesignated as sections 4701 through 4712, 
     respectively;
       (C) inserted after the heading for subtitle A of such 
     title, as so added; and
       (D) amended--
       (i) in section 4702, as so redesignated, by striking 
     ``sections 3629 and 3630'' and inserting ``sections 4710 and 
     4711'';
       (ii) in section 4706(a)(3)(B), as so redesignated, by 
     striking ``section 3626'' and inserting ``section 4707'';
       (iii) in section 4707(c), as so redesignated, by striking 
     ``section 3625(b)(2)'' and inserting ``section 4706(b)(2)'';
       (iv) in section 4710(c), as so redesignated, by striking 
     ``section 3621'' and inserting ``section 4702'';
       (v) in section 4711(c), as so redesignated, by striking 
     ``section 3621'' and inserting ``section 4702''; and
       (vi) in section 4712, as so redesignated, by striking 
     ``section 3621'' and inserting ``section 4702''.
       (3) Subtitle heading on penalties.--Title XLVII of division 
     D of the Bob Stump National Defense Authorization Act for 
     Fiscal Year 2003, as amended by this subsection, is further 
     amended by adding at the end the following new subtitle 
     heading:

                       ``Subtitle B--Penalties''.

       (4) Restriction on use of funds to pay penalties under 
     environmental laws.--Section 3132 of the National Defense 
     Authorization Act for Fiscal Year 1987 (Public Law 99-661; 
     100 Stat. 4063) is--
       (A) transferred to title XLVII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) redesignated as section 4721;
       (C) inserted after the heading for subtitle B of such 
     title, as added by paragraph (3); and
       (D) amended in the section heading by adding a period at 
     the end.
       (5) Restriction on use of funds to pay penalties under 
     clean air act.--Section 211 of the Department of Energy 
     National Security and Military Applications of Nuclear Energy 
     Authorization Act of 1981 (Public Law 96-540; 94 Stat. 3203) 
     is--
       (A) transferred to title XLVII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after section 4721, as added by paragraph (4); 
     and
       (C) amended--
       (i) by striking the section heading and inserting the 
     following new section heading:

     ``SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PENALTIES 
                   UNDER CLEAN AIR ACT.'';

       (ii) by striking Sec. 211.''; and
       (iii) by striking ``this or any other Act'' and inserting 
     ``the Department of Energy National Security and Military 
     Applications of Nuclear Energy Authorization Act of 1981 
     (Public Law 96-540) or any other Act''.
       (6) Subtitle heading on other matters.--Title XLVII of 
     division D of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003, as amended by this subsection, is 
     further amended by adding at the end the following new 
     subtitle heading:

                     ``Subtitle C--Other Matters''.

       (7) Single request for authorization of appropriations for 
     common defense and security programs.--Section 208 of the 
     Department of Energy National Security and Military 
     Applications of Nuclear Energy Authorization Act of 1979 
     (Public Law 95-509; 92 Stat. 1779) is--
       (A) transferred to title XLVII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after the heading for subtitle C of such 
     title, as added by paragraph (6); and
       (C) amended--
       (i) by striking the section heading and inserting the 
     following new section heading:

     ``SEC. 4731. SINGLE REQUEST FOR AUTHORIZATION OF 
                   APPROPRIATIONS FOR COMMON DEFENSE AND SECURITY 
                   PROGRAMS.''; AND

       (ii) by striking ``Sec. 208.''.
       (k) Administrative Matters.--
       (1) Headings.--Division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     section, is further amended by adding at the end the 
     following new headings:

                 ``TITLE XLVIII--ADMINISTRATIVE MATTERS

                       ``Subtitle A--Contracts''.

       (2) Costs not allowed under certain contracts.--Section 
     1534 of the Department of Defense Authorization Act, 1986 
     (Public Law 99-145; 99 Stat. 774), as amended by section 3131 
     of the National Defense Authorization Act for Fiscal Years 
     1988 and 1989 (Public Law 100-180; 101 Stat. 1238), is--
       (A) transferred to title XLVIII of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as added by paragraph (1);
       (B) redesignated as section 4801;
       (C) inserted after the heading for subtitle A of such 
     title, as so added; and
       (D) amended--
       (i) in the section heading, by adding a period at the end; 
     and
       (ii) in subsection (b)(1), by striking ``the date of the 
     enactment of this Act,'' and inserting ``November 8, 1985,''.
       (3) Prohibition on bonuses to contractors operating defense 
     nuclear facilities.--Section 3151 of the National Defense 
     Authorization Act for Fiscal Years 1990 and 1991 (Public Law 
     101-189; 103 Stat. 1682) is--

[[Page 12556]]

       (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
       (iii) by striking ``section 3161(c)(6) of the National 
     Defense Authorization Act of Fisca Year 1993 (42 U.S.C. 
     7274h(c)(6))'' and inserting ``section 4604(c)(6)''.
       (l) Matters Relating to Particular Facilities.--
       (1) Headings.--Division D of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as amended by this 
     section, is further amended by adding at the end the 
     following new headings:

        ``TITLE XLIX--MATTERS RELATING TO PARTICULAR FACILITIES

            ``Subtitle A--Hanford Reservation, Washington''.

       (2) Safety measures for waste tanks.--Section 3137 of the 
     National Defense Authorization Act for Fiscal Year 1991 
     (Public Law 101-510; 104 Stat. 1833) is--
       (A) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as added by paragraph (1);
       (B) redesignated as section 4901;
       (C) inserted after the heading for subtitle A of such 
     title, as so added; and
       (D) amended--
       (i) in the section heading, by adding a period at the end;
       (ii) in subsection (a), by striking ``Within 90 days after 
     the date of the enactment of this Act,'' and inserting ``Not 
     later than February 3, 1991,'';
       (iii) in subsection (b), by striking ``Within 120 days 
     after the date of the enactment of this Act,'' and inserting 
     ``Not later than March 5, 1991,'';
       (iv) in subsection (c), by striking ``Beginning 120 days 
     after the date of the enactment of this Act,'' and inserting 
     ``Beginning March 5, 1991,''; and

[[Page 12557]]

       (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 4911; and
       (C) inserted after the heading for subtitle B of such 
     title, as added by paragraph (7).
       (9) Multi-year plan for clean-up.--Subsection (e) of 
     section 3142 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2834) is--
       (A) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after section 4911, as added by paragraph (8); 
     and
       (C) amended--
       (i) by inserting before the text the following new section 
     heading:

     ``SEC. 4912. MULTI-YEAR PLAN FOR CLEAN-UP.''; AND

       (ii) by striking ``(e) Multi-Year Plan for Clean-Up at 
     Savannah River Site.--The Secretary'' and inserting ``The 
     Secretary of Energy''.
       (10) Continuation of processing, treatment, and disposal of 
     legacy nuclear materials.--
       (A) Fiscal year 2001.--Subsection (a) of section 3137 of 
     the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (as enacted into law by Public Law 106-398; 
     114 Stat 1654A-460) is--
       (i) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (ii) inserted after section 4912, as added by paragraph 
     (9); and
       (iii) amended--

       (I) by inserting before the text the following new section 
     heading:

     ``SEC. 4913. CONTINUATION OF PROCESSING, TREATMENT, AND 
                   DISPOSAL OF LEGACY NUCLEAR MATERIALS.''; AND

       (II) by striking ``(a) Continuation.--''.

       (B) Fiscal year 2000.--Section 3132 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 924) is--
       (i) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (ii) redesignated as section 4913A; and
       (iii) inserted after section 4913, as added by subparagraph 
     (A).
       (C) Fiscal year 1999.--Section 3135 of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 
     (Public Law 105-261; 112 Stat. 2248) is--
       (i) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (ii) redesignated as section 4913B; and
       (iii) inserted after section 4913A, as added by 
     subparagraph (B).
       (D) Fiscal year 1998.--Subsection (b) of section 3136 of 
     the National Defense Authorization Act for Fiscal Year 1998 
     (Public Law 105-85; 111 Stat. 2038) is--
       (i) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (ii) inserted after section 4913B, as added by subparagraph 
     (C); and
       (iii) amended--

       (I) by inserting before the text the following new section 
     heading:

     ``SEC. 4913C. CONTINUATION OF PROCESSING, TREATMENT, AND 
                   DISPOSAL OF LEGACY NUCLEAR MATERIALS.''; AND

       (II) by striking ``(b) Requirement for Continuing 
     Operations at Savannah River Site.--''.

       (E) Fiscal year 1997.--Subsection (f) of section 3142 of 
     the National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201; 110 Stat. 2836) is--
       (i) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (ii) inserted after section 4913C, as added by subparagraph 
     (D); and
       (iii) amended--

       (I) by inserting before the text the following new section 
     heading:

     ``SEC. 4913D. CONTINUATION OF PROCESSING, TREATMENT, AND 
                   DISPOSAL OF LEGACY NUCLEAR MATERIALS.'';

       (II) by striking ``(f) Requirement for Continuing 
     Operations at Savannah River Site.--The Secretary'' and 
     inserting ``The Secretary of Energy''; and
       (III) by striking ``subsection (e)'' and inserting 
     ``section 4912''.

       (11) Limitation on use of funds for decommissioning f-
     canyon facility.--Subsection (b) of section 3137 of the Floyd 
     D. Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398; 114 Stat. 
     1654A-460) is--
       (A) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (B) inserted after section 4913D, as added by paragraph 
     (10)(E); and
       (C) amended--
       (i) by inserting before the text the following new section 
     heading:

     ``SEC. 4914. LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING 
                   F-CANYON FACILITY.'';

       (ii) by striking ``(b) Limitation on Use of Funds for 
     Decommissioning F-Canyon Facility.--'';
       (iii) by striking ``this or any other Act'' and inserting 
     ``the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (as enacted into law by Public Law 106-398) 
     or any other Act''; and
       (iv) by striking ``the Secretary'' in the matter preceding 
     paragraph (1) and inserting ``the Secretary of Energy''.
       (12) Disposition of plutonium.--
       (A) Disposition of weapons usable plutonium.--Section 3182 
     of the Bob Stump National Defense Authorization Act for 
     Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2747) is--
       (i) transferred to title XLIX of division D of such Act, as 
     amended by this subsection;
       (ii) redesignated as section 4915; and
       (iii) inserted after section 4914, as added by paragraph 
     (11).
       (B) Disposition of surplus defense plutonium.--Section 3155 
     of the National Defense Authorization Act for Fiscal Year 
     2002 (Public Law 107-107; 115 Stat. 1378) is--

[[Page 12558]]

       (i) transferred to title XLIX of division D of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 
     2003, as amended by this subsection;
       (ii) redesignated as section 4915A; and
       (iii) inserted after section 4915, as added by subparagraph 
     (A).
       (13) Subtitle heading on other facilities.--Title XLIX of 
     division D of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003, as amended by this subsection, is 
     further amended by adding at the end the following new 
     subtitle heading:

                   ``Subtitle C--Other Facilities''.

       (14) Payment of costs of operation and maintenance of 
     infrastructure at nevada test site.--Section 3144 of the 
     National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201; 110 Stat. 2838) is--
       (A) transferred to title XLIX of division D of such Act, as 
     amended by this subsection;
       (B) redesignated as section 4921; and
       (C) inserted after the heading for subtitle C of such 
     title, as added by paragraph (13).
       (m) Conforming Amendments.--(1) Title XXXVI of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 2003 
     (Public Law 107-314; 116 Stat. 1756) is repealed.
       (2) Subtitle E of title XXXI of the National Defense 
     Authorization Act for Fiscal Year 1993 (Public Law 102-484; 
     42 U.S.C. 7274h et seq.) is repealed.
       (3) Section 8905a(d)(5)(A) of title 5, United States Code, 
     is amended by striking ``section 3143 of the National Defense 
     Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)'' 
     and inserting ``section 4421 of the Atomic Energy Defense 
     Act''.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

     SEC. 3201. AUTHORIZATION.

       There are authorized to be appropriated for fiscal year 
     2004, $19,559,000 for the operation of the Defense Nuclear 
     Facilities Safety Board under chapter 21 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2286 et seq.).

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

     SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 
                   FUNDS.

       (a) Obligation of Stockpile Funds.--During fiscal year 
     2004, the National Defense Stockpile Manager may obligate up 
     to $69,701,000 of the funds in the National Defense Stockpile 
     Transaction Fund established under subsection (a) of section 
     9 of the Strategic and Critical Materials Stock Piling Act 
     (50 U.S.C. 98h) for the authorized uses of such funds under 
     subsection (b)(2) of such section, including the disposal of 
     hazardous materials that are environmentally sensitive.
       (b) Additional Obligations.--The National Defense Stockpile 
     Manager may obligate amounts in excess of the amount 
     specified in subsection (a) if the National Defense Stockpile 
     Manager notifies Congress that extraordinary or emergency 
     conditions necessitate the additional obligations. The 
     National Defense Stockpile Manager may make the additional 
     obligations described in the notification after the end of 
     the 45-day period beginning on the date on which Congress 
     receives the notification.
       (c) Limitations.--The authorities provided by this section 
     shall be subject to such limitations as may be provided in 
     appropriations acts.

     SEC. 3302. REVISIONS TO OBJECTIVES FOR RECEIPTS FOR FISCAL 
                   YEAR 2000 DISPOSALS.

       (a) In General.--Section 3402(b) of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 972; 59 U.S.C. 98d note) is amended--
       (1) by striking ``and'' at the end of paragraph (2); and
       (2) by striking paragraph (3) and inserting the following 
     new paragraphs:
       ``(3) $310,000,000 before the end of fiscal year 2008; and
       ``(4) $320,000,000 before the end of fiscal year 2009.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2003, or the date of the 
     enactment of this Act, whichever is later.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

     SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

       (a) Amount.--There are hereby authorized to be appropriated 
     to the Secretary of Energy $16,500,000 for fiscal year 2004 
     for the purpose of carrying out activities under chapter 641 
     of title 10, United States Code, relating to the naval 
     petroleum reserves.
       (b) Period of Availability.--Funds appropriated pursuant to 
     the authorization of appropriations in subsection (a) shall 
     remain available until expended.

                  TITLE XXXV--MARITIME ADMINISTRATION

                     Subtitle A--General Provisions

     SEC. 3501. SHORT TITLE.

       This title may be cited as the ``Maritime Security Act of 
     2003''.

     SEC. 3502. DEFINITIONS.

       In this subtitle:
       (1) Bulk cargo.--The term ``bulk cargo'' means cargo that 
     is loaded and carried in bulk without mark or count.
       (2) Contractor.--The term ``contractor'' means an owner or 
     operator of a vessel that enters into an operating agreement 
     for the vessel with the Secretary under section 3512.
       (3) Fleet.--The term ``Fleet'' means the Maritime Security 
     Fleet established under section 3511(a).
       (4) Foreign commerce.--The term ``foreign commerce''--
       (A) subject to subparagraph (B), means commerce or trade 
     between the United States, its territories or possessions, or 
     the District of Columbia, and a foreign country; and
       (B) includes, in the case of liquid and dry bulk cargo 
     carrying services, trading between foreign ports in 
     accordance with normal commercial bulk shipping practices in 
     such manner as will permit United States-documented vessels 
     freely to compete with foreign-flag bulk carrying vessels in 
     their operation or in competing for charters, subject to 
     rules and regulations promulgated by the Secretary of 
     Transportation pursuant to subtitle B or C.
       (5) Former participating fleet vessel.--The term ``former 
     participating fleet vessel'' means--
       (A) any vessel that--
       (i) on October 1, 2005--

       (I) will meet the requirements of paragraph (1), (2), (3), 
     or (4) of section 3511(c); and
       (II) will be less than 25 years of age, or less than 30 
     years of age in the case of a LASH vessel; and

       (ii) on December 31, 2003, is covered by an operating 
     agreement under subtitle B of title VI of the Merchant Marine 
     Act, 1936 (46 App. U.S.C. 1187 et seq.); and
       (B) any vessel that--
       (i) is a replacement for a vessel described in subparagraph 
     (A);
       (ii) is controlled by the person that controls such 
     replaced vessel;
       (iii) is eligible to be included in the Fleet under section 
     3511(b);
       (iv) is approved by the Secretary and the Secretary of 
     Defense; and
       (v) begins operation under an operating agreement under 
     subtitle B by not later than the end of the 30-month period 
     beginning on the date the operating agreement is entered into 
     by the Secretary.
       (6) LASH vessel.--The term ``LASH vessel'' means a lighter 
     aboard ship vessel.
       (7) Person.--The term ``person'' includes corporations, 
     partnerships, and associations existing under or authorized 
     by the laws of the United States, or any State, Territory, 
     District, or possession thereof, or of any foreign country.
       (8) Product tank vessel.--The term ``product tank vessel'' 
     means a double hulled tank vessel capable of carrying 
     simultaneously more than 2 separated grades of refined 
     petroleum products.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (10) United states.--The term ``United States'' includes 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Northern Mariana Islands, Guam, American Samoa, the 
     Virgin Islands.
       (11) United states-documented vessel.--The term ``United 
     States-documented vessel'' means a vessel documented under 
     chapter 121 of title 46, United States Code.

                  Subtitle B--Maritime Security Fleet

     SEC. 3511. ESTABLISHMENT OF MARITIME SECURITY FLEET.

       (a) In General.--The Secretary of Transportation shall 
     establish a fleet of active, militarily useful, privately 
     owned vessels to meet national defense and other security 
     requirements and maintain a United States presence in 
     international commercial shipping. The Fleet shall consist of 
     privately owned, United States-documented vessels for which 
     there are in effect operating agreements under this subtitle, 
     and shall be known as the Maritime Security Fleet.
       (b) Vessel Eligibility.--A vessel is eligible to be 
     included in the Fleet if--
       (1) the vessel meets the requirements of paragraph (1), 
     (2), (3), or (4) of subsection (c);
       (2) the vessel is operated (or in the case of a vessel to 
     be constructed, will be operated) in providing transportation 
     in foreign commerce;
       (3) the vessel is self-propelled and is--
       (A) a roll-on/roll-off vessel with a carrying capacity of 
     at least 80,000 square feet or 500 twenty-foot equivalent 
     units and that is 15 years of age or less on the date the 
     vessel is included in the Fleet;
       (B) a tank vessel that is constructed in the United States 
     after the date of the enactment of this subtitle;
       (C) a tank vessel that is 10 years of age or less on the 
     date the vessel is included in the Fleet;
       (D) a LASH vessel that is 25 years of age or less on the 
     date the vessel is included in the Fleet; or
       (E) any other type of vessel that is 15 years of age or 
     less on the date the vessel is included in the Fleet;
     except that the Secretary of Transportation shall waive the 
     application of an age restriction under this paragraph if the 
     waiver is requested by the Secretary of Defense;
       (4) the vessel is determined by the Secretary of Defense to 
     be suitable for use by the United States for national defense 
     or military purposes in time of war or national emergency; 
     and
       (5) the vessel--
       (A) is a United States-documented vessel; or
       (B) is not a United States-documented vessel, but--
       (i) the owner of the vessel has demonstrated an intent to 
     have the vessel documented under chapter 121 of title 46, 
     United States Code, if it is included in the Fleet; and
       (ii) at the time an operating agreement for the vessel is 
     entered into under this subtitle, the vessel is eligible for 
     documentation under chapter 121 of title 46, United States 
     Code.
       (c) Requirements Regarding Citizenship of Owners and 
     Charterers.--
       (1) Vessel owned and operated by section 2 citizens.--A 
     vessel meets the requirements of

[[Page 12559]]

     this paragraph if, during the period of an operating 
     agreement under this subtitle that applies to the vessel, the 
     vessel will be owned and operated by one or more persons that 
     are citizens of the United States under section 2 of the 
     Shipping Act, 1916 (46 App. U.S.C. 802).
       (2) Vessel owned by section 2 citizen and chartered to 
     documentation citizen.--A vessel meets the requirements of 
     this paragraph if--
       (A) during the period of an operating agreement under this 
     subtitle that applies to the vessel, the vessel will be--
       (i) owned by a person that is a citizen of the United 
     States under section 2 of the Shipping Act, 1916 (46 App. 
     U.S.C. 802); and
       (ii) demise chartered to a person--

       (I) that is eligible to document the vessel under chapter 
     121 of title 46, United States Code;
       (II) the chairman of the board of directors, chief 
     executive officer, and a majority of the members of the board 
     of directors of which are citizens of the United States under 
     section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), and 
     are appointed and subjected to removal only upon approval by 
     the Secretary; and
       (III) that certifies that there are no treaties, statutes, 
     regulations, or other laws that would prohibit the contractor 
     for the vessel from performing its obligations under an 
     operating agreement under this subtitle; and

       (B) in the case of a vessel that will be chartered to a 
     person that is owned or controlled by another person that is 
     not a citizen of the United States under section 2 of the 
     Shipping Act, 1916 (46 App. U.S.C. 802), the other person 
     enters into an agreement with the Secretary not to influence 
     the operation of the vessel in a manner that will adversely 
     affect the interests of the United States.
       (3) Vessel owned and operated by defense contractor.--A 
     vessel meets the requirements of this paragraph if, during 
     the period of an operating agreement under this subtitle that 
     applies to the vessel, the vessel will be owned and operated 
     by one or more persons that--
       (A) are eligible to document a vessel under chapter 121 of 
     title 46, United States Code;
       (B) operates or manages other United States-documented 
     vessels for the Secretary of Defense, or charters other 
     vessels to the Secretary of Defense;
       (C) has entered into a Special Security Agreement for 
     purposes of this paragraph with the Secretary of Defense;
       (D) makes the certification described in paragraph 
     (2)(A)(ii)(III); and
       (E) in the case of a vessel described in paragraph (2)(B), 
     enters into an agreement referred to in that paragraph.
       (4) Vessel owned by documentation citizen and chartered to 
     section 2 citizen.--A vessel meets the requirements of this 
     paragraph if, during the period of an operating agreement 
     under this subtitle that applies to the vessel, the vessel 
     will be--
       (A) owned by a person that is eligible to document a vessel 
     under chapter 121 of title 46, United States Code; and
       (B) demise chartered to a person that is a citizen of the 
     United States under section 2 of the Shipping Act, 1916 (46 
     App. U.S.C. 802).
       (d) Request by Secretary of Defense.--The Secretary of 
     Defense shall request the Secretary of Homeland Security to 
     issue any waiver under the first section of Public Law 81-891 
     (64 Stat. 1120; 46 App. U.S.C. note prec. 3) that is 
     necessary for purposes of this subtitle.

     SEC. 3512. AWARD OF OPERATING AGREEMENTS.

       (a) In General.--The Secretary shall require, as a 
     condition of including any vessel in the Fleet, that the 
     person that is the owner or charterer of the vessel for 
     purposes of section 3511(c) enter into an operating agreement 
     with the Secretary under this section.
       (b) Procedure for Applications.--
       (1) Acceptance of applications.--Beginning no later than 30 
     days after the effective date of this subtitle, the Secretary 
     shall accept applications for enrollment of vessels in the 
     Fleet.
       (2) Action on applications.--Within 90 days after receipt 
     of an application for enrollment of a vessel in the Fleet, 
     the Secretary shall enter into an operating agreement with 
     the applicant or provide in writing the reason for denial of 
     that application.
       (c) Priority for Awarding Agreements.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary shall enter into operating 
     agreements according to the following priority:
       (A) New tank vessels.--First, for any tank vessel that--
       (i) is constructed in the United States after the effective 
     date of this subtitle;
       (ii) is eligible to be included in the Fleet under section 
     3511(b); and
       (iii) during the period of an operating agreement under 
     this subtitle that applies to the vessel, will be owned and 
     operated by one or more persons that are citizens of the 
     United States under section 2 of the Shipping Act, 1916 (46 
     App. U.S.C. 802),
     except that the Secretary shall not enter into operating 
     agreements under this subparagraph for more than 5 such 
     vessels.
       (B) Former participating vessels.--Second, to the extent 
     amounts are available after applying subparagraphs (A), for 
     any former participating fleet vessel, except that the 
     Secretary shall not enter into operating agreements under 
     this subparagraph for more than 47 vessels.
       (C) Certain vessels operated by section 2 citizens.--Third, 
     to the extent amounts are available after applying 
     subparagraphs (A) and (B), for any other vessel that is 
     eligible to be included in the Fleet under section 3511(b), 
     and that, during the period of an operating agreement under 
     this subtitle that applies to the vessel, will be--
       (i) owned and operated by one or more persons that are 
     citizens of the United States under section 2 of the Shipping 
     Act, 1916 (46 App. U.S.C. 802); or
       (ii) owned by a person that is eligible to document the 
     vessel under chapter 121 of title 46, United States Code, and 
     operated by a person that is a citizen of the United States 
     under section 2 of the Shipping Act, 1916 (46 App. U.S.C. 
     802).
       (D) Other eligible vessels.--Fourth, to the extent amounts 
     are available after applying subparagraphs (A), (B), and (C), 
     for any other vessel that is eligible to be included in the 
     Fleet under section 3511(b).
       (2) Reduction in number of slots for former participating 
     fleet vessels.--The number in paragraph (1)(B) shall be 
     reduced by 1--
       (A) for each former participating fleet vessel for which an 
     application for enrollment in the Fleet is not received by 
     the Secretary within the 90-day period beginning on the 
     effective date of this subtitle; and
       (B) for each former participating fleet vessel for which an 
     application for enrollment in the Fleet received by the 
     Secretary is not approved by the Secretary of Defense within 
     the 90-day period beginning on the date of such receipt.
       (3) Discretion within priority.--The Secretary--
       (A) subject to subparagraph (B), may award operating 
     agreements within each priority under paragraph (1) as the 
     Secretary considers appropriate; and
       (B) shall award operating agreement within a priority--
       (i) in accordance with operational requirements specified 
     by the Secretary of Defense; and
       (ii) subject to the approval of the Secretary of Defense.
       (4) Treatment of tank vessel to be replaced.--(A) For 
     purposes of the application of paragraph (1)(A) with respect 
     to the award of an operating agreement, the Secretary may 
     treat an existing tank vessel that is eligible to be included 
     in the Fleet under section 3511(b) as a vessel that is 
     constructed in the United States after the effective date of 
     this subtitle, if--
       (i) a binding contract for construction in the United 
     States of a replacement vessel to be operated under the 
     operating agreement is executed by not later than 9 months 
     after the first date amounts are available to carry out this 
     subtitle; and
       (ii) the replacement vessel is eligible to be included in 
     the Fleet under section 3511(b).
       (B) No payment under this subtitle may be made for an 
     existing tank vessel for which an operating agreement is 
     awarded under this paragraph after the earlier of--
       (i) 4 years after the first date amounts are available to 
     carry out this subtitle; or
       (ii) the date of delivery of the replacement tank vessel.
       (d) Limitation.--The Secretary may not award operating 
     agreements under this subtitle that require payments under 
     section 3515 for a fiscal year for more than 60 vessels.

     SEC. 3513. EFFECTIVENESS OF OPERATING AGREEMENTS.

       (a) Effectiveness, Generally.--The Secretary may enter into 
     an operating agreement under this subtitle for fiscal year 
     2006. Except as provided in subsection (b), the agreement 
     shall be effective only for 1 fiscal year, but shall be 
     renewable, subject to the availability of appropriations, for 
     each subsequent fiscal year through the end of fiscal year 
     2015.
       (b) Vessels Under Charter to U.S.--Unless an earlier date 
     is requested by the applicant, the effective date for an 
     operating agreement with respect to a vessel that is, on the 
     date of entry into an operating agreement, on charter to the 
     United States Government, other than a charter pursuant to an 
     Emergency Preparedness Agreement under section 3516, shall be 
     the expiration or termination date of the Government charter 
     covering the vessel, or any earlier date the vessel is 
     withdrawn from that charter.
       (c) Termination.--
       (1) In general.--If the contractor with respect to an 
     operating agreement fails to comply with the terms of the 
     agreement--
       (A) the Secretary shall terminate the operating agreement; 
     and
       (B) any budget authority obligated by the agreement shall 
     be available to the Secretary to carry out this subtitle.
       (2) Early termination.--An operating agreement under this 
     subtitle shall terminate on a date specified by the 
     contractor if the contractor notifies the Secretary, by not 
     later than 60 days before the effective date of the 
     termination, that the contractor intends to terminate the 
     agreement.
       (d) Nonrenewal for Lack of Funds.--
       (1) Notification of congress.--If, by the first day of a 
     fiscal year, sufficient funds have not been appropriated 
     under the authority provided by this subtitle for that fiscal 
     year, then the Secretary shall notify the Congress that 
     operating agreements authorized under this subtitle for which 
     sufficient funds are not available will not be renewed for 
     that fiscal year if sufficient funds are not appropriated by 
     the 60th day of that fiscal year.
       (2) Release of vessels from obligations.--If funds are not 
     appropriated under the authority provided by this subtitle 
     for any fiscal year by the 60th day of that fiscal year, then 
     each vessel covered by an operating agreement under this 
     subtitle for which funds are not available--

[[Page 12560]]

       (A) is thereby released from any further obligation under 
     the operating agreement;
       (B) the owner or operator of the vessel may transfer and 
     register such vessel under a foreign registry that is 
     acceptable to the Secretary of Transportation and the 
     Secretary of Defense, notwithstanding section 9 of the 
     Shipping Act, 1916 (46 App. U.S.C. 808); and
       (C) if section 902 of the Merchant Marine Act, 1936 (46 
     App. U.S.C. 1242) is applicable to such vessel after 
     registration of the vessel under such a registry, then the 
     vessel is available to be requisitioned by the Secretary of 
     Transportation pursuant to section 902 of such Act.

     SEC. 3514. OBLIGATIONS AND RIGHTS UNDER OPERATING AGREEMENTS.

       (a) Operation of Vessel.--An operating agreement under this 
     subtitle shall require that, during the period a vessel is 
     operating under the agreement--
       (1) the vessel--
       (A) shall be operated exclusively in the foreign commerce 
     or in mixed foreign commerce and domestic trade allowed under 
     a registry endorsement issued under section 12105 of title 
     46, United States Code; and
       (B) shall not otherwise be operated in the coastwise trade; 
     and
       (2) the vessel shall be documented under chapter 121 of 
     title 46, United States Code.
       (b) Annual Payments by Secretary.--
       (1) In general.--An operating agreement under this subtitle 
     shall require, subject to the availability of appropriations, 
     that the Secretary make a payment each fiscal year to the 
     contractor in accordance with section 3515.
       (2) Operating agreement is obligation of united states 
     government.--An operating agreement under this subtitle 
     constitutes a contractual obligation of the United States 
     Government to pay the amounts provided for in the agreement 
     to the extent of actual appropriations.
       (c) Documentation Requirement.--Each vessel covered by an 
     operating agreement (including an agreement terminated under 
     section 3513(c)(2)) shall remain documented under chapter 121 
     of title 46, United States Code, until the date the operating 
     agreement would terminate according to its terms.
       (d) National Security Requirements.--
       (1) In general.--A contractor with respect to an operating 
     agreement (including an agreement terminated under section 
     3513(c)(2)) shall continue to be bound by the provisions of 
     section 3516 until the date the operating agreement would 
     terminate according to its terms.
       (2) Emergency preparedness agreement.--All terms and 
     conditions of an Emergency Preparedness Agreement entered 
     into under section 3516 shall remain in effect until the date 
     the operating agreement would terminate according to its 
     terms, except that the terms of such Emergency Preparedness 
     Agreement may be modified by the mutual consent of the 
     contractor and the Secretary of Transportation and the 
     Secretary of Defense.
       (e) Transfer of Operating Agreements.--A contractor under 
     an operating agreement may transfer the agreement (including 
     all rights and obligations under the agreement) to any person 
     that is eligible to enter into that operating agreement under 
     this subtitle, if the transfer is approved by the Secretary 
     and the Secretary of Defense.

     SEC. 3515. PAYMENTS.

       (a) Annual payment.--
       (1) In general.--The Secretary, subject to the availability 
     of appropriations and the other provisions of this section, 
     shall pay to the contractor for an operating agreement, for 
     each vessel that is covered by the operating agreement, an 
     amount equal to--
       (A) $2,600,000 for each of fiscal years 2006 and 2007, and
       (B) such amount, not less than $2,600,000, for each fiscal 
     year thereafter for which the agreement is in effect as the 
     Secretary, with the concurrence of the Secretary of Defense, 
     considers to be necessary to meet the operational 
     requirements of the Secretary of Defense.
       (2) Timing.--The amount shall be paid in equal monthly 
     installments at the end of each month. The amount shall not 
     be reduced except as provided by this section.
       (b) Certification Required for Payment.--As a condition of 
     receiving payment under this section for a fiscal year for a 
     vessel, the contractor for the vessel shall certify, in 
     accordance with regulations issued by the Secretary, that the 
     vessel has been and will be operated in accordance with 
     section 3514(a)(1) for at least 320 days in the fiscal year. 
     Days during which the vessel is drydocked, surveyed, 
     inspected, or repaired shall be considered days of operation 
     for purposes of this subsection.
       (c) Limitations.--The Secretary of Transportation shall not 
     make any payment under this subtitle for a vessel with 
     respect to any days for which the vessel is--
       (1) under a charter to the United States Government, other 
     than a charter pursuant to an Emergency Preparedness 
     Agreement under section 3516;
       (2) not operated or maintained in accordance with an 
     operating agreement under this subtitle; or
       (3) more than--
       (A) 25 years of age, except as provided in subparagraph (B) 
     or (C);
       (B) 20 years of age, in the case of a tank vessel; or
       (C) 30 years of age, in the case of a LASH vessel.
       (d) Reductions in Payments.--With respect to payments under 
     this subtitle for a vessel covered by an operating agreement, 
     the Secretary--
       (1) except as provided in paragraph (2), shall not reduce 
     any payment for the operation of the vessel to carry military 
     or other preference cargoes under section 2631 of title 10, 
     United States Code, the Act of March 26, 1934 (46 App. U.S.C. 
     1241-1), section 901(a), 901(b), or 901b of the Merchant 
     Marine Act, 1936 (46 App. U.S.C. 1241(a), 1241(b), or 1241f), 
     or any other cargo preference law of the United States;
       (2) shall not make any payment for any day that the vessel 
     is engaged in transporting more than 7,500 tons of civilian 
     bulk preference cargoes pursuant to section 901(a), 901(b), 
     or 901b of the Merchant Marine Act, 1936 (46 App. U.S.C. 
     1241(a), 1241(b), or 1241f), that is cargo; and
       (3) shall make a pro rata reduction in payment for each day 
     less than 320 in a fiscal year that the vessel is not 
     operated in accordance with section 3514(a)(1), with days 
     during which the vessel is drydocked or undergoing survey, 
     inspection, or repair considered to be days on which the 
     vessel is operated.

     SEC. 3516. NATIONAL SECURITY REQUIREMENTS.

       (a) Emergency Preparedness Agreement Required.--The 
     Secretary shall establish an Emergency Preparedness Program 
     under this section that is approved by the Secretary of 
     Defense. Under the program, the Secretary shall include in 
     each operating agreement under this subtitle a requirement 
     that the contractor enter into an Emergency Preparedness 
     Agreement under this section with the Secretary. The 
     Secretary shall negotiate and enter into an Emergency 
     Preparedness Agreement with each contractor as promptly as 
     practicable after the contractor has entered into an 
     operating agreement under this subtitle.
       (b) Terms of Agreement.--
       (1) In general.--An Emergency Preparedness Agreement under 
     this section shall require that upon a request by the 
     Secretary of Defense during time of war or national 
     emergency, or whenever determined by the Secretary of Defense 
     to be necessary for national security or contingency 
     operation (as that term is defined in section 101 of title 
     10, United States Code), a contractor for a vessel covered by 
     an operating agreement under this subtitle shall make 
     available commercial transportation resources (including 
     services).
       (2) Basic terms.--(A) The basic terms of the Emergency 
     Preparedness Agreement shall be established (subject to 
     subparagraph (B)) pursuant to consultations among the 
     Secretary and the Secretary of Defense.
       (B) In any Emergency Preparedness Agreement, the Secretary 
     and a contractor may agree to additional or modifying terms 
     appropriate to the contractor's circumstances if those terms 
     have been approved by the Secretary of Defense.
       (c) Participation After Expiration of Operating 
     Agreement.--Except as provided by section 3514(c), the 
     Secretary may not require, through an Emergency Preparedness 
     Agreement or operating agreement, that a contractor continue 
     to participate in an Emergency Preparedness Agreement after 
     the operating agreement with the contractor has expired 
     according to its terms or is otherwise no longer in effect. 
     After expiration of an Emergency Preparedness Agreement, a 
     contractor may volunteer to continue to participate in such 
     an agreement.
       (d) Resources Made Available.--The commercial 
     transportation resources to be made available under an 
     Emergency Preparedness Agreement shall include vessels or 
     capacity in vessels, intermodal systems and equipment, 
     terminal facilities, intermodal and management services, and 
     other related services, or any agreed portion of such 
     nonvessel resources for activation as the Secretary of 
     Defense may determine to be necessary, seeking to minimize 
     disruption of the contractor's service to commercial 
     shippers.
       (e) Compensation.--
       (1) In general.--The Secretary shall include in each 
     Emergency Preparedness Agreement provisions approved by the 
     Secretary of Defense under which the Secretary of Defense 
     shall pay fair and reasonable compensation for all commercial 
     transportation resources provided pursuant to this section.
       (2) Specific requirements.--Compensation under this 
     subsection--
       (A) shall not be less than the contractor's commercial 
     market charges for like transportation resources;
       (B) shall be fair and reasonable considering all 
     circumstances;
       (C) shall be provided from the time that a vessel or 
     resource is required by the Secretary of Defense until the 
     time that it is redelivered to the contractor and is 
     available to reenter commercial service; and
       (D) shall be in addition to and shall not in any way 
     reflect amounts payable under section 3515.
       (f) Temporary Replacement Vessels.--Notwithstanding section 
     2631 of title 10, United States Code, the Act of March 26, 
     1934 (46 App. U.S.C. 1241-1), section 901(a), 901(b), or 901b 
     of the Merchant Marine Act, 1936 (46 App. U.S.C. 1241(a), 
     1241(b), or 1241f), or any other cargo preference law of the 
     United States--
       (1) a contractor may operate or employ in foreign commerce 
     a foreign-flag vessel or foreign-flag vessel capacity as a 
     temporary replacement for a United States-documented vessel 
     or United States-documented vessel capacity that is activated 
     by the Secretary of Defense under an Emergency Preparedness 
     Agreement or under a primary Department of Defense-approved 
     sealift readiness program; and
       (2) such replacement vessel or vessel capacity shall be 
     eligible during the replacement period

[[Page 12561]]

     to transport preference cargoes subject to section 2631 of 
     title 10, United States Code, the Act of March 26, 1934 (46 
     App. U.S.C. 1241-1), and sections 901(a), 901(b), and 901b of 
     the Merchant Marine Act, 1936 (46 App. U.S.C. 1241(a), 
     1241(b), and 1241b) to the same extent as the eligibility of 
     the vessel or vessel capacity replaced.
       (g) Redelivery and Liability of U.S. for Damages.--
       (1) In general.--All commercial transportation resources 
     activated under an Emergency Preparedness Agreement shall, 
     upon termination of the period of activation, be redelivered 
     to the contractor in the same good order and condition as 
     when received, less ordinary wear and tear, or the Secretary 
     of Defense shall fully compensate the contractor for any 
     necessary repair or replacement.
       (2) Limitation on liability of u.s.--Except as may be 
     expressly agreed to in an Emergency Preparedness Agreement, 
     or as otherwise provided by law, the Government shall not be 
     liable for disruption of a contractor's commercial business 
     or other consequential damages to a contractor arising from 
     activation of commercial transportation resources under an 
     Emergency Preparedness Agreement.

     SEC. 3517. REGULATORY RELIEF.

       (a) Operation in Foreign Commerce.--A contractor for a 
     vessel included in an operating agreement under this subtitle 
     may operate the vessel in the foreign commerce of the United 
     States without restriction.
       (b) Other Restrictions.--The restrictions of section 
     901(b)(1) of the Merchant Marine Act, 1936 (46 App. U.S.C. 
     1241(b)(1)) concerning the building, rebuilding, or 
     documentation of a vessel in a foreign country shall not 
     apply to a vessel for any day the operator of that vessel is 
     receiving payments for operation of that vessel under an 
     operating agreement under this subtitle.

     SEC. 3518. SPECIAL RULE REGARDING AGE OF FORMER PARTICIPATING 
                   FLEET VESSEL.

       Sections 3511(b)(3) and 3515(c)(3) shall not apply to a 
     former participating fleet vessel described in section 
     3502(5)(A), during the 30-month period referred to in section 
     3502(5)(B)(v) with respect to the vessel, if the Secretary 
     determines that the contractor for the vessel has entered 
     into an arrangement to obtain and operate under the operating 
     agreement for the former participating fleet vessel a 
     replacement vessel that, upon commencement of such operation, 
     will be eligible to be included in the Fleet under section 
     3511(b).

     SEC. 3519. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for payments under 
     section 3515, to remain available until expended, 
     $156,000,000 for each of fiscal years 2006 and 2007, and such 
     sums as may be necessary for each fiscal year thereafter 
     through fiscal year 2015.

     SEC. 3520. AMENDMENT TO SHIPPING ACT, 1916.

       Section 9 of the Shipping Act, 1916 (46 App. U.S.C. 808) is 
     amended by adding at the end the following:
       ``(e) Notwithstanding subsection (c)(2), the Merchant 
     Marine Act, 1936, or any contract entered into with the 
     Secretary of Transportation under that Act, a vessel may be 
     placed under a foreign registry, without approval of the 
     Secretary, if--
       ``(1)(A) the Secretary, with the concurrence of the 
     Secretary of Defense, determines that at least one 
     replacement vessel of like capability and of a capacity that 
     is equivalent or greater, as measured by deadweight tons, 
     gross tons, or container equivalent units, as appropriate, is 
     documented under chapter 121 of title 46, United States Code, 
     by the owner of the vessel placed under the foreign registry; 
     and
       ``(B) the replacement vessel is not more than 10 years of 
     age on the date of that documentation; and
       ``(2) an operating agreement covering the vessel under the 
     Maritime Security Act of 2003 has expired.''.

     SEC. 3521. REGULATIONS.

       (a) In General.--The Secretary of Transportation and the 
     Secretary of Defense may each prescribe rules as necessary to 
     carry out this subtitle and the amendments made by this 
     subtitle.
       (b) Interim Rules.--The Secretary of Transportation and the 
     Secretary of Defense may each prescribe interim rules 
     necessary to carry out this subtitle and the amendments made 
     by this subtitle. For this purpose, the Secretaries are 
     excepted from compliance with the notice and comment 
     requirements of section 553 of title 5, United States Code. 
     All interim rules prescribed under the authority of this 
     subsection that are not earlier superseded by final rules 
     shall expire no later than 270 days after the effective date 
     of this subtitle.

     SEC. 3522. REPEALS AND CONFORMING AMENDMENTS.

       (a) Repeals.--The following provisions are repealed:
       (1) Subtitle B of title VI of the Merchant Marine Act, 1936 
     (46 App. U.S.C. 1187 et seq.).
       (2) Section 804 of the Merchant Marine Act, 1936 (46 App. 
     U.S.C. 1222).
       (b) Conforming Amendment.--Section 12102(d)(4) of title 46, 
     United States Code, is amended by inserting ``or section 
     3511(b) of the Maritime Security Act of 2003'' after 
     ``Merchant Marine Act, 1936''.

     SEC. 3523. EFFECTIVE DATES.

       (a) In General.--Except as provided in subsections (b) and 
     (c), this subtitle shall take effect October 1, 2004.
       (b) Repeals and Conforming Amendments.--Section 3522 shall 
     take effect October 1, 2005.
       (c) Regulations.--Section 3521 and this section shall take 
     effect on the date of the enactment of this Act.

    Subtitle C--National Defense Tank Vessel Construction Assistance

     SEC. 3531. NATIONAL DEFENSE TANK VESSEL CONSTRUCTION PROGRAM.

       The Secretary of Transportation shall establish a program 
     for the provision of financial assistance for the 
     construction in the United States of a fleet of up to 5 
     privately owned product tank vessels--
       (1) to be operated in commercial service in foreign 
     commerce; and
       (2) to be available for national defense purposes in time 
     of war or national emergency pursuant to an Emergency 
     Preparedness Plan approved by the Secretary of Defense 
     pursuant to section 3533(e) of this subtitle.

     SEC. 3532. APPLICATION PROCEDURE. -

       (a) Request for Proposals.--Within 90 days after the date 
     of the enactment of this subtitle, and on an as-needed basis 
     thereafter, the Secretary, in consultation with the Secretary 
     of Defense, shall publish in the Federal Register a request 
     for competitive proposals for the construction of new product 
     tank vessels necessary to meet the commercial and national 
     security needs of the United States and to be built with 
     assistance under this subtitle.
       (b) Qualification.--Any citizen of the United States or any 
     shipyard in the United States may submit a proposal to the 
     Secretary of Transportation for purposes of constructing a 
     product tank vessel with assistance under this subtitle.
       (c) Requirement.--The Secretary, with the concurrence of 
     the Secretary of Defense, may enter into an agreement with 
     the submitter of a proposal for assistance under this 
     subtitle if the Secretary determines that--
       (1) the plans and specifications call for construction of a 
     new product tank vessel of not less than 35,000 deadweight 
     tons and not greater than 60,000 deadweight tons, that--
       (A) will meet the requirements of foreign commerce;
       (B) is capable of carrying militarily useful petroleum 
     products, and will be suitable for national defense or 
     military purposes in time of war, national emergency, or 
     other military contingency; and
       (C) will meet the construction standards necessary to be 
     documented under the laws of the United States;
       (2) the shipyard in which the vessel will be constructed 
     has the necessary capacity and expertise to successfully 
     construct the proposed number and type of product tank 
     vessels in a reasonable period of time as determined by the 
     Secretary of Transportation, taking into consideration the 
     recent prior commercial shipbuilding history of the proposed 
     shipyard in delivering a vessel or series of vessels on time 
     and in accordance with the contract price and specifications; 
     and
       (3) the person proposed to be the operator of the proposed 
     vessel possesses the ability, experience, financial 
     resources, and any other qualifications determined to be 
     necessary by the Secretary for the operation and maintenance 
     of the vessel.
       (d) Priority.--The Secretary--
       (1) subject to paragraph (2), shall give priority 
     consideration to a proposal submitted by a person that is a 
     citizen of the United States under section 2 of the Shipping 
     Act, 1916 (46 App. U.S.C. 802); and
       (2) may give priority to consideration of proposals that 
     provide the best value to the Government, taking into 
     consideration--
       (A) the costs of vessel construction; and
       (B) the commercial and national security needs of the 
     United States.

     SEC. 3533. AWARD OF ASSISTANCE.

       (a) In General.--If after review of a proposal, the 
     Secretary determines that the proposal fulfills the 
     requirements under this subtitle, the Secretary may enter 
     into a contract with the proposed purchaser and the proposed 
     shipyard for the construction of a product tank vessel with 
     assistance under this subtitle.
       (b) Amount of Assistance.--The contract shall provide that 
     the Secretary shall pay, subject to the availability of 
     appropriations, up to 75 percent of the actual construction 
     cost of the vessel, but in no case more than $50,000,000 per 
     vessel.
       (c) Construction in United States.--A contract under this 
     section shall require that construction of a vessel with 
     assistance under this subtitle shall be performed in a 
     shipyard in the United States.
       (d) Documentation of Vessel.--
       (1) Contract requirement.--A contract under this section 
     shall require that, upon delivery of a vessel constructed 
     with assistance under the contract, the vessel shall be 
     documented under chapter 121 of title 46, United States Code 
     with a registry endorsement only.
       (2) Restriction on coastwise endorsement.--A vessel 
     constructed with assistance under this subtitle shall not be 
     eligible for a certificate of documentation with a coastwise 
     endorsement.
       (3) Authority to reflag not applicable.--Section 9(e) of 
     the Shipping Act, 1916, (46 App. U.S.C. 808(e)) shall not 
     apply to a vessel constructed with assistance under this 
     subtitle.
       (e) Emergency Preparedness Agreement.--
       (1) In general.--A contract under this section shall 
     require that the person who will be the operator of a vessel 
     constructed with assistance under the contract shall enter 
     into an Emergency Preparedness Agreement for the vessel under 
     section 3516.

[[Page 12562]]

       (2) Treatment as contractor.--For purposes of the 
     application, under paragraph (1), of section 3516 to a vessel 
     constructed with assistance under this subtitle, the term 
     ``contractor'' as used in section 3516 means the person who 
     will be the operator of a vessel constructed with assistance 
     under this subtitle.
       (f) Additional Terms.--The Secretary shall incorporate in 
     the contract the requirements set forth in this subtitle, and 
     may incorporate in the contract any additional terms the 
     Secretary considers necessary.

     SEC. 3534. PRIORITY FOR TITLE XI ASSISTANCE.

       Section 1103 of the Merchant Marine Act, 1936 (46 App. 
     U.S.C. 1273) is amended by adding at the end the following:
       ``(i) Priority.--In guaranteeing and entering commitments 
     to guarantee under this section, the Secretary shall give 
     priority to guarantees and commitments for vessels that are 
     otherwise eligible for a guarantee under this section and 
     that are constructed with assistance under subtitle C of the 
     Maritime Security Act of 2003.''.

     SEC. 3535. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary to 
     carry out this subtitle a total of $250,000,000 for fiscal 
     years after fiscal year 2004.

           Subtitle D--Maritime Administration Authorization

     SEC. 3541. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME 
                   ADMINISTRATION FOR FISCAL YEAR 2004.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2004, to be available without fiscal year limitation if 
     so provided in appropriations Acts, for the use of the 
     Department of Transportation for the Maritime Administration 
     as follows:
       (1) For expenses necessary for operations and training 
     activities, $104,400,000, of which $13,000,000 is for capital 
     improvements at the United States Merchant Marine Academy.
       (2) For expenses under the loan guarantee program 
     authorized by title XI of the Merchant Marine Act, 1936 (46 
     App. U.S.C. 1271 et seq.), $39,498,000, of which--
       (A) $35,000,000 is for the cost (as defined in section 
     502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
     661a(5))) of loan guarantees under the program; and
       (B) $4,498,000 is for administrative expenses related to 
     loan guarantee commitments under the program.
       (3) For expenses to dispose of obsolete vessels in the 
     National Defense Reserve Fleet, $20,000,000.

     SEC. 3542. AUTHORITY TO CONVEY VESSEL USS HOIST (ARS-40).

       (a) In General.--Notwithstanding any other law, the 
     Secretary of Transportation may convey the right, title, and 
     interest of the United States Government in and to the vessel 
     USS HOIST (ARS-40), to the Last Patrol Museum, located in 
     Toledo, Ohio (a not-for-profit corporation, in this section 
     referred to as the ``recipient''), for use as a military 
     museum, if--
       (1) the recipient agrees to use the vessel as a nonprofit 
     military museum;
       (2) the vessel is not used for commercial transportation 
     purposes;
       (3) the recipient agrees to make the vessel available to 
     the Government when the Secretary requires use of the vessel 
     by the Government;
       (4) the recipient agrees that when the recipient no longer 
     requires the vessel for use as a military museum--
       (A) the recipient will, at the discretion of the Secretary, 
     reconvey the vessel to the Government in good condition 
     except for ordinary wear and tear; or
       (B) if the Board of Trustees of the recipient has decided 
     to dissolve the recipient according to the laws of the State 
     of New York, then--
       (i) the recipient shall distribute the vessel, as an asset 
     of the recipient, to a person that has been determined exempt 
     from taxation under the provisions of section 501(c)(3) of 
     the Internal Revenue Code, or to the Federal Government or a 
     State or local government for a public purpose; and
       (ii) the vessel shall be disposed of by a court of 
     competent jurisdiction of the county in which the principal 
     office of the recipient is located, for such purposes as the 
     court shall determine, or to such organizations as the court 
     shall determine are organized exclusively for public 
     purposes;
       (5) the recipient agrees to hold the Government harmless 
     for any claims arising from exposure to asbestos, 
     polychlorinated biphenyls, or lead paint after conveyance of 
     the vessel, except for claims arising from use by the 
     Government under paragraph (3) or (4); and
       (6) the recipient has available, for use to restore the 
     vessel, in the form of cash, liquid assets, or a written loan 
     commitment, financial resources of at least $100,000.
       (b) Delivery of Vessel.--If a conveyance is made under this 
     section, the Secretary shall deliver the vessel at the place 
     where the vessel is located on the date of enactment of this 
     Act, in its present condition, and without cost to the 
     Government.
       (c) Other Unneeded Equipment.--The Secretary may also 
     convey any unneeded equipment from other vessels in the 
     National Defense Reserve Fleet in order to restore the USS 
     HOIST (ARS-40) to museum quality.
       (d) Retention of Vessel in NDRF.--
       (1) In general.--The Secretary shall retain in the National 
     Defense Reserve Fleet the vessel authorized to be conveyed 
     under subsection (a), until the earlier of--
       (A) 2 years after the date of the enactment of this Act; or
       (B) the date of conveyance of the vessel under subsection 
     (a).
       (2) Limitation.--Paragraph (1) does not require the 
     Secretary to retain the vessel in the National Defense 
     Reserve Fleet if the Secretary determines that retention of 
     the vessel in the fleet will pose an unacceptable risk to the 
     marine environment.
  The CHAIRMAN pro tempore. No amendment to the committee amendment in 
the nature of a substitute is in order except those printed in House 
Report 108-120 or those made in order by a subsequent order of the 
House.
  Each amendment printed in the report shall be offered only in the 
order printed, except as specified in section 2 of the resolution, may 
be offered only by a Member designated in the report, shall be 
considered read, debatable for the time specified, equally divided and 
controlled by the proponent and an opponent, shall not be subject to 
amendment, except that the chairman and ranking minority member each 
may offer one pro forma amendment for the purpose of further debate on 
any pending amendment, and shall not be subject to a demand for a 
division of the question.
  The Chairman of the Committee of Whole may recognize for 
consideration of any amendment out of the order printed, but not sooner 
than 1 hour after the Chairman of the Committee on Armed Services or a 
designee announces from the floor a request to that effect.
  It is now in order to consider amendment No. 1 printed in House 
Report 108-120.


                 Amendment No. 1 Offered by Mr. Hunter

  Mr. HUNTER. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Hunter:
       Page 34, line 15, strike the first period.
       Page 90, line 17, insert open quotation marks before 
     ``subparagraph''.
       Page 99, line 7, strike the open quotation marks.
       Page 125, line 5, strike ``551'' and insert ``991''.
       Page 136, beginning on line 4, strike ``chapter'' and 
     insert ``subchapter''.
       Strike section 617(b)(2) (page 165, line 19, through the 
     matter following line 6 on page 166) and insert the 
     following:
       (2) The heading of such section, and the item relating to 
     such section in the table of sections at the beginning of 
     chapter 40 of such title, are each amended by striking the 
     sixth word.
       Page 210, line 12, strike the single open and close 
     quotation marks and insert double open and close quotation 
     marks.
       Page 213, line 25, insert ``of such section'' after 
     ``Subsection (c)''.
       Page 219, beginning on line 18, strike ``the end''.
       Page 220, line 8, strike ``adding at the end'' and insert 
     ``inserting after the item relating to section 2435''.
       Page 227, line 5, strike ``(d)'' and insert ``(d)(3)''.
       Page 229, line 14, strike ``Unites'' and insert ``United''.
       Page 231, line 14, strike ``Department of'' and all that 
     follows through ``amounts'' on line 15 and insert 
     ``Department of Defense such amounts''.
       Page 231, line 18, strike ``; and'' and insert a period.
       Page 231, strike lines 19 and 20.
       Page 232, in the matter after line 16, strike ``Unites'' 
     and insert ``United''.
       In section 1012(b)(1) (page 253, line 13), insert ``the end 
     of such subsection'' after ``through''.
       In section 1014(b)(1) (page 257, line 2), strike ``this 
     title'' and insert ``title XXXV''.
       Page 262, line 20, insert a one-em dash after the period.
       Page 264, line 11, strike ``2216(a)'' and insert 
     ``2216(i)''.
       Page 264, line 15, insert ``(1)'' before ``Not later 
     than''.
       Page 271, line 11, strike ``striking `by''.
       Page 275, line 19, strike ``2868'' and insert ``2868(a)''.
       In section 1031(d), strike paragraph (2) (page 290, lines 
     13-15) and insert the following:
       (2) Nothing in this section shall be construed to authorize 
     the Secretary to acquire, lease, construct, improve, 
     renovate, remodel, repair, operate, or maintain facilities 
     having general utility.
       Page 299, line 6, strike ``after section 425'' and insert 
     ``at the end of subchapter I (after the section added by 
     section 805(b)(1) of this Act)''.
       Page 299, line 8, strike ``426'' and insert ``427''.
       Page 301, line 20, after ``at the end'' insert ``(after the 
     item added by section 805(b)(2) of this Act''.
       Page 301, in the matter after line 21, strike ``426'' and 
     insert ``427''.

[[Page 12563]]

       Page 303, beginning on line 11, strike ``such subchapter'' 
     and insert ``subchapter I of such chapter''.
       In section 1045(a)(7), strike ``7503(d)'' (page 310, line 
     16) and insert ``7305(d)''.
       In section 1045(e), strike ``819'' (page 311, line 25) and 
     insert ``819(a)''.
       In section 317, strike subsection (a) (page 59, lines 18 
     through 21) and redesignate subsequent subsections 
     accordingly.
       In section 318, strike subsection (a) (page 61, lines 3 
     through 18) and insert the following new subsection:
       (a) Definition of Harassment for Military Readiness 
     Activities.--Section 3(18) of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1362(18)) is amended by striking 
     subparagraphs (B) and (C) and inserting the following new 
     subparagraphs:
       ``(B) In the case of a military readiness activity (as 
     defined in section 315(f) of Public Law 107-314; 16 U.S.C. 
     703 note), the term `harassment' means--
       ``(i) any act that injures or has the significant potential 
     to injure a marine mammal or marine mammal stock in the wild; 
     or
       ``(ii) any act that disturbs or is likely to disturb a 
     marine mammal or marine mammal stock in the wild by causing 
     disruption of natural behavioral patterns, including, but not 
     limited to, migration, surfacing, nursing, breeding, feeding, 
     or sheltering, to a point where such behavioral patterns are 
     abandoned or significantly altered.
       ``(C) The term `Level A harassment' means harassment 
     described in subparagraph (A)(i) or, in the case of a 
     military readiness activity, harassment described in 
     subparagraph (B)(i).
       ``(D) The term `Level B harassment' means harassment 
     described in subparagraph (A)(ii) or, in the case of a 
     military readiness activity, harassment described in 
     subparagraph (B)(ii).''.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the 
gentleman from California (Mr. Hunter) and a Member opposed each will 
control 5 minutes.

                              {time}  1615


                         Parliamentary Inquiry

  Mr. RAHALL. Mr. Chairman, I have a parliamentary inquiry.
  The CHAIRMAN pro tempore (Mr. Bereuter). The gentleman will state it.
  Mr. RAHALL. Who controls the time in opposition?
  The CHAIRMAN pro tempore. A Member in opposition to the amendment.
  Does the gentleman claim that time?
  Mr. RAHALL. I so claim that time, Mr. Chairman.
  The CHAIRMAN pro tempore. The gentleman from West Virginia (Mr. 
Rahall) will be recognized in opposition.
  The Chair recognizes the gentleman from California (Mr. Hunter).
  Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
  This amendment makes a number of technical corrections that were 
provided by the Office of Legislative Counsel. It also clarifies 
several technical points that were raised after the report was filed. 
For example, on page 290, I have added language to make it clear that 
the re-leasing of office space will continue to be handled by GSA.
  Beyond those corrections that I have described, the amendment also 
contains the walkback that the gentleman from Colorado (Mr. Hefley) 
just described with respect to the Endangered Species Act on DOD bases, 
saying simply that the Endangered Species Act changes are limited to 
the Department of Defense and that, in fact, the definition of 
endangered species is walked back to the language that was described by 
DOD when it was sent to us.
  Mr. Chairman, I think it is eminently reasonable. I just pointed out 
a few minutes ago, with the four overlaps for the Pendleton Marine 
base, where American Marines practice dying for this country and they 
can only utilize at this time a very small portion of that 17-mile red 
beach because there are animals that need to be protected on that 
beach. Once you overlay the estuarine areas, the gnatcatcher areas and 
a number of other areas that have now been designated for lockout to 
the military or controlled use, you have an extremely diminished base 
in terms of training. So those very fine people that we have sent to 
the Middle East to carry out American foreign policy are seeing a 
diminished training area in the United States.
  And that is across the board, Mr. Chairman. You can go to Camp 
Lejeune, where they now have to employ 80 biologists just to try to 
move these areas around, or any of the other bases, Army, Navy, Marine 
Corps, Air Force, and you will see that some of them are diminished up 
to 70, 80 percent, locked out, where the military is locked out of 
their own base and cannot use it for training.
  This is a balance, Mr. Chairman. It is a balance that passed on a 
bipartisan basis, in fact, in fuller measure than what we have here out 
of the Committee on Resources. So I think it is absolutely appropriate 
that this walkback, where now only the Department of Defense is going 
to be able to receive this treatment, is manifested.
  Mr. Chairman, I reserve the balance of my time.
  Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume, 
and I do rise in opposition to the Hunter amendment.
  I think at this point in time there is some clarification needed as 
to the situation that we are in. Many Members may well be confused.
  First, this same amendment was filed by the gentleman from Colorado 
(Mr. Hefley) before the Committee on Rules; and for reasons only known 
on the other side of the aisle in their internal machinations, it is 
now in order under the gentleman from California's name. We have all of 
10 minutes to debate what are truly far-reaching changes to 
environmental law under this rule.
  In fact, the amendment does make one important improvement in the 
language originally reported by the Committee on Resources. It strikes 
extraneous language that would have gutted a key provision of the 
Endangered Species Act. In this one case, the administration did not 
even request or support the language. But make no mistake about it, the 
rest of the Hunter amendment leaves intact all the exemptions and 
changes sought by the DOD, and I think that is worth repeating. It 
leaves intact all the exemptions and changes to the Endangered Species 
Act and the Marine Mammal Protection Act that the Pentagon wants. All 
those exemptions and changes will remain in the bill if the current 
Hunter amendment is adopted.
  And there is one added bonus, a special bonus here. That is a special 
endangered species exemption that applies to only one Arizona base 
which is described by the Arizona Republic as a ``silly rider'' that is 
not even necessary. That, too, is left intact by the Hunter amendment.
  Simply put, the environmental exemptions which would be codified by 
the Hunter amendment are overbroad and unjustified. As a May 15 article 
in the Chicago Tribune stated, the bill language now before us would 
grant the Department of Defense exemptions which would ``apply to all 
military facilities, including golf courses, irrigated gardens and 
swimming pools.'' For those of us who have spoken out against the 
military exemptions, this is unacceptable. The American people respect 
and support our military, but they do not believe nor do I believe that 
the Pentagon should be held unaccountable or exempt from the laws which 
apply to all of us.
  The gentleman from Michigan (Mr. Dingell) and I proposed a substitute 
that would have addressed DOD concerns about future readiness 
activities in an environmentally responsible manner. That amendment was 
supported by many major environmental organizations. But because of the 
Republican rule that is now being jammed down our throats, we have no 
opportunity to consider the Rahall-Dingell amendment. It is only the 
Hunter amendment, take it or leave it, which forces us to vote to 
endorse the military exemptions to get rid of one extraneous ESA rider.
  I urge Members to vote ``no'' on the Hunter amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
  I would just say this. With respect to Marine Mammal, I think the 
gentleman from Colorado (Mr. Hefley) described it best. This is a 
commonsense amendment. I have not met a single environmentalist who 
does not agree with this. That says that if you have a seal sitting on 
a buoy and a Navy ship goes by, if the seal even looks up, he is,

[[Page 12564]]

according to at least one biologist in the Department of Fish and 
Wildlife, potentially disturbed. If you potentially disturb a seal, you 
cannot undertake that particular military activity.
  What we are losing, Mr. Chairman, is our ability to practice our 
sonar capability and our new sonar equipment. That means life and death 
for the kids who are underneath the water in those submarines whose 
lives depend on being able to hear the enemy submarine before it hears 
them and destroys them.
  So I would just say to my colleague and to all my colleagues, most of 
this language is what we passed with a big vote last year on a 
bipartisan basis. It is absolutely reasonable. It has been walked back 
to DOD. I would just recommend, take ``yes'' for an answer.
  Mr. Chairman, I reserve the balance of my time.
  Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
  I would just respond to the gentleman from California as we have 
responded numerous times today during this debate. There are exemptions 
in current law that the DOD can exercise whenever it finds conditions 
where national security warrants such exemptions to any environmental 
laws. To this date, in all reports that we have asked for, we have not 
seen where DOD has asked to utilize the current exemptions allowed 
under current law.
  As we all know, our forces did a tremendous job in Iraq. We on this 
side of the aisle support our troops as strongly as those on the other 
side of the aisle, as strongly as all Americans do, and we praise the 
very effective job that they did. And we would add that they did it 
under current law.
  The briefings that I have had, the briefings that I have attended for 
all Members of Congress, even the briefing I had with General Franks in 
Dohar a month or so ago, none of those briefings listed any problems 
that our military had with current law or the exemptions that they have 
to use under current law that would have in any way endangered our 
commanders or our military in their preparations of our troops for 
combat readiness, as they have been so well trained.
  I say the current language works. That is what we should recognize 
has served our military so well and allowed them to be the great force 
that they are.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HUNTER. Mr. Chairman, I yield 30 seconds to the gentleman from 
New Jersey (Mr. Saxton).
  Mr. SAXTON. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  The amendment that we are debating is, I think, a pretty commonsense 
amendment. The military, DOD, came to us and said, we need some limited 
relief from the Endangered Species Act and the Marine Mammal Protection 
Act. This gives them essentially what they want without going outside 
or further than they requested. And so it seems to me that this is a 
good, commonsense amendment. I commend the gentleman from Colorado for 
bringing it forward.
  Mr. RAHALL. Mr. Chairman, I yield myself the balance of my time.
  In conclusion, I would state that I am supported in this effort by 
the ranking member of the Committee on Energy and Commerce, the 
gentleman from Michigan, the dean of the House. I am also supported by 
a number of other ranking members on our side of the aisle. The 
gentleman from Missouri has already made his views firmly known before 
this body, and he is our respected ranking member on the Committee on 
Armed Forces, the authorizing committee. I would just say that this 
issue is too important to leave all critical habitat designations as 
subject to the whims and caprices of the Secretary. I would urge the 
defeat of the amendment.
  Mr. HUNTER. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, there is no exemption for the Marine Mammal Act, so 
that is one reason why it has not been sought. I would just say there 
is one endangered species that this provision protects and that is the 
19-year-old Marine or soldier or airman who needs adequate training and 
right now is seeing his training areas diminished by conservationism 
and environmentalism. Let us give conservation and environmentalism a 
good name and let us balance those two important goals with another 
goal which is keeping our men and women in uniform alive when they are 
in combat.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from California (Mr. Hunter).
  The question was taken; and the Chairman pro tempore announced that 
the ayes appeared to have it.
  Mr. RAHALL. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
(Mr. Hunter) will be postponed.
  It is now in order to consider amendment No. 2 printed in House 
Report 108-120.


                  Amendment No. 2 Offered by Mr. Goode

  Mr. GOODE. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Goode:
       At the end of title X (page __, after line __), insert the 
     following new section:

     SEC. __. ASSIGNMENT OF MEMBERS TO ASSIST BUREAU OF BORDER 
                   SECURITY AND BUREAU OF CITIZENSHIP AND 
                   IMMIGRATION SERVICES OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       (a) Assignment Authority of Secretary of Defense.--Chapter 
     18 of title 10, United States Code, is amended by inserting 
     after section 374 the following new section:

     ``Sec. 374a. Assignment of members to assist border patrol 
       and control

       ``(a) Assignment Authorized.--Upon submission of a request 
     consistent with subsection (b), the Secretary of Defense may 
     assign members of the Army, Navy, Air Force, and Marine Corps 
     to assist--
       ``(1) the Bureau of Border Security of the Department of 
     Homeland Security in preventing the entry of terrorists, drug 
     traffickers, and illegal aliens into the United States; and
       ``(2) the United States Customs Service of the Department 
     of Homeland Security in the inspection of cargo, vehicles, 
     and aircraft at points of entry into the United States to 
     prevent the entry of weapons of mass destruction, components 
     of weapons of mass destruction, prohibited narcotics or 
     drugs, or other terrorist or drug trafficking items.
       ``(b) Request for Assignment.--The assignment of members 
     under subsection (a) may occur only if--
       ``(1) the assignment is at the request of the Secretary of 
     Homeland Security; and
       ``(2) the request is accompanied by a certification by the 
     Secretary of Homeland Security that the assignment of members 
     pursuant to the request is necessary to respond to a threat 
     to national security posed by the entry into the United 
     States of terrorists, drug traffickers, or illegal aliens.
       ``(c) Training Program Required.--The Secretary of Homeland 
     Security and the Secretary of Defense, shall establish a 
     training program to ensure that members receive general 
     instruction regarding issues affecting law enforcement in the 
     border areas in which the members may perform duties under an 
     assignment under subsection (a). A member may not be deployed 
     at a border location pursuant to an assignment under 
     subsection (a) until the member has successfully completed 
     the training program.
       ``(d) Conditions of Use.--(1) Whenever a member who is 
     assigned under subsection (a) to assist the Bureau of Border 
     Security or the United States Customs Service is performing 
     duties at a border location pursuant to the assignment, a 
     civilian law enforcement officer from the agency concerned 
     shall accompany the member.
       ``(2) Nothing in this section shall be construed to--
       ``(A) authorize a member assigned under subsection (a) to 
     conduct a search, seizure, or other similar law enforcement 
     activity or to make an arrest; and
       ``(B) supersede section 1385 of title 18 (popularly known 
     as the `Posse Comitatus Act').
       ``(e) Establishment of Ongoing Joint Task Forces.--(1) The 
     Secretary of Homeland Security may establish ongoing joint 
     task forces if the Secretary of Homeland Security determines 
     that the joint task force, and the assignment of members to 
     the joint task force, is necessary to respond to a threat to 
     national security posed by the entry into the United States 
     of terrorists, drug traffickers, or illegal aliens.
       ``(2) If established, the joint task force shall fully 
     comply with the standards as set forth in this section.
       ``(f) Notification Requirements.--The Secretary of Homeland 
     Security shall provide to the Governor of the State in which

[[Page 12565]]

     members are to be deployed pursuant to an assignment under 
     subsection (a) and to local governments in the deployment 
     area notification of the deployment of the members to assist 
     the Department of Homeland Security under this section and 
     the types of tasks to be performed by the members.
       ``(g) Reimbursement Requirement.--Section 377 of this title 
     shall apply in the case of members assigned under subsection 
     (a).
       ``(h) Termination of Authority.--No assignment may be made 
     or continued under subsection (a) after September 30, 
     2005.''.
       (b) Commencement of Training Program.--The training program 
     required by subsection (b) of section 374a of title 10, 
     United States Code, shall be established as soon as 
     practicable after the date of the enactment of this Act.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 374 the following new item:

``374a. Assignment of members to assist border patrol and control.''.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the 
gentleman from Virginia (Mr. Goode) and the gentleman from Texas (Mr. 
Reyes) each will control 10 minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Goode).
  Mr. GOODE. Mr. Chairman, I yield myself such time as I may consume.
  This amendment is called the troops on the border amendment. This 
amendment would authorize the use of troops on the borders of the 
United States if the Secretary of Defense and the Secretary of Homeland 
Security, after consultation, felt it was needed for our national 
security, if it was needed to curtail illegal immigration, if it was 
needed to curtail the flow of illegal drugs into our country.
  We saw just a few weeks ago the tragedy that occurred when 19 illegal 
immigrants died from suffocation. If we had had troops on the border or 
this legislation if it had been passed and they were worried about 
troops being on our border, it would have been a message not to attempt 
something so dangerous. Having troops on our borders would save lives 
and would be an enhancement to our security and our safety.
  Mr. Chairman, I reserve the balance of my time.
  Mr. REYES. Mr. Chairman, I yield myself such time as I may consume.
  I understand the gentleman from Virginia's concern. I understand also 
the need to increase enforcement along our borders to protect against 
terrorism and against drug trafficking.
  Mr. Chairman, I spent more than 26 years in Federal law enforcement 
on the border between the United States and Mexico. I was on the front 
line of our Nation's war on drugs and against terrorism. I know how 
difficult it is to secure our Nation's border, and I know the need for 
additional resources. However, I rise in opposition to this amendment 
because it is simply the wrong solution to our current problems along 
our border. This amendment will send our military personnel to our 
borders at a time when they are already stretched thin in Iraq, 
Afghanistan, the Philippines, and over 100 countries around the world.

                              {time}  1630

  We cannot and should not ask our military personnel to patrol our 
borders. We need our military to be at their best. Patrolling our 
borders against illegal immigration has minimal military value and 
detracts from training with war-fighting equipment for war-fighting 
missions. It will lead to decreased military training which reduces 
unit readiness levels and overall combat effectiveness of our Armed 
Forces. I may not agree with the gentleman from Virginia (Mr. Goode) 
today, but I know that he wants to do what is right for our country. I 
would therefore ask him now to join with me and find a way to place 
additional law enforcement personnel on the border, not military 
personnel.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GOODE. Mr. Chairman, I yield 3 minutes to the gentleman from 
North Carolina (Mr. Jones).


                         Parliamentary Inquiry

  Mr. JONES of North Carolina. Mr. Chairman, may I make a parliamentary 
inquiry first?
  The CHAIRMAN pro tempore (Mr. Bereuter). The gentleman is recognized 
for a parliamentary inquiry.
  Mr. JONES of North Carolina. Mr. Chairman, if I need 2 minutes, can I 
yield back 1 minute? I do not want to take away from the total time. I 
just need 2 minutes.
  The CHAIRMAN pro tempore. Yes. The gentleman may yield back 1 minute 
or whatever time remains.
  Mr. JONES of North Carolina. Mr. Chairman, I rise in strong support 
of this amendment from the gentleman from Virginia, troops on the 
border. This amendment addresses a national security issue, and it also 
addresses an economic issue. To my good friends, and they are my good 
friends, on the other side, the American people want those who want to 
come to this country by the legal process to come, and they are 
welcome; but we must remember this country is at war. That war started 
on September 11 of 2001, and last year we had about 1 million people 
come to this country illegally, and I agree with the gentleman from 
Virginia (Mr. Goode).
  And maybe the gentleman from Texas's idea is good that we could find 
a middle ground on this issue, but I will say this, that the people 
that I have a chance to talk to and to represent are saying to me this 
Congress and this government, this administration need to do a better 
job of protecting our borders; and it does not matter if the borders 
are America and Canada or America and Mexico. We are talking about this 
Nation being at war, and we have to do a better job. And I think this 
amendment that has been proposed is an answer to a real problem; and if 
this is one way to force an answer, then this amendment is good.
  I will say in closing that I have read numerous polls in the last 3 
years on this issue, and the American people have said, and said in 
loud numbers, meaning 80 percent, 85 percent, that we want to see the 
borders of this great Nation secured. So I compliment the gentleman 
from Virginia (Mr. Goode), and I am going to support this amendment, 
and I am going to encourage my friends to support this amendment 
because the American people want our borders to be secure.
  Mr. Chairman, I yield back the balance of my time. And, again, God 
bless America.
  Mr. REYES. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Missouri (Mr. Skelton), ranking member on the Committee 
on Armed Services.
  Mr. SKELTON. Mr. Chairman, I take this opportunity to speak against 
this amendment. I thank the gentleman from Texas (Mr. Reyes) for his 
commitment to our national defense and for his position of 
strengthening our law enforcement community. He comes from a great 
background and understands this issue better than anyone in this body.
  Among all the reasons the gentleman from Texas (Mr. Reyes) gives to 
oppose this amendment, the one I feel strongly about is the 
overstretching of our troops. I am convinced that we are stretching the 
young men and young women far past their capacity; and to put them on 
the border where we have border patrols who are doing an excellent job 
there I think is just gilding the lily and pushing it too far. We have 
American troops all over the world; and I see that some of them, 
frankly, are getting worn out. National Guard and Reserves are called 
up and this would only exacerbate a very difficult situation. The 
Northern Command exists to support the request from civil authorities, 
but our troops should not substitute for our police. And I thank the 
gentleman from Texas for yielding me this time.
  Mr. GOODE. Mr. Chairman, I yield such time as he may consume to the 
gentleman from New Jersey (Mr. Saxton).
  Mr. SAXTON. Mr. Chairman, I rise in support of the gentleman from 
Virginia's amendment. As we stand here today, we are under this 
enhanced threat level of attack from terrorists, and it seems to me 
that this amendment and the provisions of this amendment are absolutely 
essential to give our Department of Defense and our Commander in Chief 
the option of using our military forces to secure our

[[Page 12566]]

border if it becomes necessary. And while the Department of Defense may 
help other Federal agencies, this amendment simply reinforces the 
primary role of the armed services to protect the homeland.
  The newest combat command, Northern Command, is involved in this very 
issue. The statutory language supporting North Com's efforts to 
reinforce the Department of Homeland Security and to set training and 
policy ground rules is extremely helpful. The authority is only in 
effect for 1 year and is essentially a pilot program. In other words, 
let us put this in place and see how it works. If it causes problems, 
we will know, and we will not renew it. But I do not see problems 
occurring, and I think it is a test that we ought to run.
  The use of this authority will allow North Com to better integrate 
active forces and National Guard forces into homeland defense plans, a 
commonsense approach and one that I commend the gentleman from Virginia 
for bringing forward.
  Mr. REYES. Mr. Chairman, can I inquire how much time we have 
remaining.
  The CHAIRMAN pro tempore. The gentleman from Texas (Mr. Reyes) has 7 
minutes remaining, and the gentleman from Virginia (Mr. Goode) has 6 
minutes remaining.
  Mr. REYES. Mr. Chairman, I yield 2 minutes to the gentleman from 
Texas (Mr. Ortiz), who, like me, is an individual who enforced the laws 
along the border.
  Mr. ORTIZ. Mr. Chairman, this is an amendment that we have dealt with 
on a yearly basis, and on a yearly basis the Department of Defense 
tells us that they do not support this amendment. We have to be 
realistic. I was in law enforcement like my friend here. When one is in 
law enforcement, one is trained to do a certain mission, a certain 
skill. The military people who serve in the military, I think there was 
a group of very senior members who went to Iraq and some of the 
complaints of our troops there were we were not supposed to be police 
officers, we were trained to kill. And that is what they do.
  So by putting troops on the border, this is not going to alleviate 
matters any. We need to put people who are trained to do a certain job, 
a certain skill to deal with people, and this is why we have the border 
patrol. If my colleagues feel by adding more border patrol officers on 
the border this is going to help, why not give them the money to do 
that? They are trained exactly. We have a training center where we pay 
millions of dollars to operate to train them adequately. Why do we not 
do that? We have 120-or-some thousand more troops stationed around the 
world. Can my colleagues imagine what this is going to do to our 
readiness by giving them a different mission to train on a different 
skill? This is absurd.
  I think that we need to do something, but putting troops on the 
border is not going to answer the problem that we have. I think that we 
should focus and put our energy on people that are trained to do the 
job, and I urge my friends to defeat this amendment.
  Mr. GOODE. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Colorado (Mr. Tancredo).
  Mr. TANCREDO. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  Every nation on the face of the Earth uses their military for the 
purpose of defense and uses their military on their borders for that 
very purpose. We are unique in that we have chosen over the years to 
avoid that use of the military, but the time has come for us to rethink 
this. The time has come for us to use our military in a way that every 
other country uses their military, to protect and defend their own 
borders. It is true, I have heard so often from Members of the other 
side, that we have our military spread all over the world. Undeniably 
true. And intriguingly and almost ironically in many of the places 
where we have our military stationed, they are stationed for the 
purposes of defending borders. We are defending borders in Korea. We 
are defending borders in Kosovo. We are defending borders in 
Afghanistan with our troops. Yet we refuse to use our troops to defend 
our borders. Is that not peculiar, to say the least? Is it not ironic 
at least?
  The issue of the training, let me relate a story that happened to me. 
I had the opportunity to visit the northern border about a year and a 
half ago, not too far from Bonner's Ferry, Idaho. There was an exercise 
at the time underway. One hundred Marines were on the border working in 
conjunction with the border patrol and the Forest Service. This was a 
2-week exercise, just to see what we could do, what actually we could 
do to help improve border security by using the military. It was a 
fascinating experiment, and I hope the gentlemen who have raised the 
issue of training so often would pay close attention here because it 
was an experience that I think they should all observe.
  One hundred Marines on the border trying to control in this case 
about 100 miles of border. And they brought with them three UAVs, 
unmanned aerial vehicles, and two radar facilities. And in the use of 
these radar facilities and the UAVs, they were able to actually stop, 
while I was there, four people who were attempting to come across on 
all-terrain vehicles carrying 400 pounds of drugs; and a light plane 
was intercepted using those two radar stations. The interesting thing 
is that when I was talking to the commander of the Marine detachment 
who was there subsequent to this experience, he said, This was the best 
training we have ever had. This was the best training we have ever had. 
He said we were operating in a realtime environment. There were real 
bad guys we were trying to stop coming across this border, and this is 
the roughest terrain we have ever operated in.
  So when we are talking about the use of the military, when we are 
talking about training exercises and how if we were actually to employ 
the military on the border that this would somehow or other detract 
from their own training activities, I would say it is just the 
opposite. Talk to the Marines. Ask them about whether or not this was 
not what I have just described, the ``best training activity'' they 
have ever had.
  I completely support those folks who have indicated a desire to put 
more resources into the border patrol. Absolutely, no problem at all as 
far as I am concerned. I would vote for it in a heartbeat. I would 
encourage all of my colleagues to do exactly the same thing. The 
reality is this, that even if tomorrow we doubled or tripled the amount 
of people and resources that we would devote to the border patrol, just 
the process of getting them trained online and ready to work would be 
so long and so cumbersome that frankly it seems to me that this 
alternative, the use of the military when necessary to augment, no one 
is suggesting and certainly my friend from Virginia is not suggesting 
that this be the place for the military forever, but they could augment 
the services of the border patrol. They could provide the technical 
capabilities, the unmanned vehicles, the radar stations and all the 
rest, as I say, that the military can bring with them and be benefited 
by in the process.
  It seems like a very symbiotic relationship that we can actually use 
the military and the border patrol in conjunction with each other to 
accomplish the goal of a safe, secure border, a border that would in 
fact in reality, a secure border, have helped prevent the kind of 
horrible events that we have been witnessing recently.
  The CHAIRMAN pro tempore. The Chair would advise that the gentleman 
from Texas (Mr. Reyes) has 5 minutes remaining. The gentleman from 
Virginia (Mr. Goode) has 1\1/2\ minutes remaining, and the gentleman 
from Texas (Mr. Reyes) has the right to close.
  Mr. REYES. Mr. Chairman, I yield 2 minutes to the gentleman from 
California (Mr. Filner).
  Mr. FILNER. Mr. Chairman, I rise in opposition to the amendment. The 
Goode amendment is bad, and I will tell the Members that evaluation

[[Page 12567]]

comes from those folks who represent the Texas and the California 
border. I represent all of the California-Mexico border. One of my 
crossings is the busiest border crossing in the entire world. In the 
various border crossings in my district, a quarter of a million people 
per day cross the border legally.

                              {time}  1645

  So I think I have some experience with border crossings. And, yes, we 
have to get better control of our border, and we have reorganized our 
government and established a Department of Homeland Security to do just 
that, and we hope they will get the proper resources to do that.
  Yes, we have a lot to do, but it is not arming the border that is the 
answer. As has been pointed out, we have the best military in the 
world. We just proved it in Iraq. They are trained to kill.
  I will tell Members, the people who live in my district, 55 percent 
of whom are Americans of Mexican descent, do not like this idea. They 
are worried about the idea.
  I would say to the gentleman from Colorado (Mr. Tancredo), the kind 
of training mission that the gentleman mentioned actually killed an 
American citizen of Mexican descent, an 18-year-old, ironically, who 
wanted to be a Marine. It was an accident. He could not tell the 
illegal from the legal. That is what we want to make sure does not 
happen on the border with Mexico.
  I want to remind my friends, Mexico is a friendly nation. I do not 
think they have made any attempts at invasion since the Alamo. So this 
proposal would make a very fragile relationship right now even worse, 
and that is not what we ought to be doing.
  If you want to help us control the border, all you folks from North 
Carolina and Virginia and Colorado and New Jersey, give us some 
technology. Ninety-five percent of the people who cross every day in my 
district cross frequently. With technology we can give them smart 
cards, they can cross the border, and we can focus our attention on the 
illegal crossings. This is the wrong way to go.
  Mr. REYES. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from 
Texas (Mr. Rodriguez).
  Mr. RODRIGUEZ. Mr. Chairman, this amendment is a bad idea, and I will 
tell you why. We are proud of our military. They are over in 100 
countries throughout the world, from Iraq to Afghanistan to Philippines 
to South Korea, and they are overextended. We cannot afford to send our 
military personnel to the border.
  The ones who are responsible for that is the new Department of 
Homeland Security. The idea of military presence on the border is not a 
new idea. We have had that, and it has been devastating.
  In 1997, a Marine anti-drug patrol shot to death a young man, Esquiel 
Hernandez. You tell Mrs. Hernandez if that was the right thing to do, 
to have Marines down there, when this young man was in high school, 
taking care of his goats on the border. He was shot by a Marine. The 
child was an American citizen.
  In addition to that, our number one and number two trading partners 
are Canada and Mexico. If you are a terrorist, one of the things you 
want to do, you want to distract and make sure the economy goes into 
disruption.
  This is not the way to do it. We need to make sure that we continue 
to work with our friends, both in Mexico and Canada, and this is the 
wrong way and the wrong approach to take.
  Now is the crucial time for us to work with Mexico and Canada. These 
two countries are our partners. We have to be secure and make sure that 
Canada is secure and that Mexico is secure in order for us to be 
secure. And we have got to continue to make that effort. We live in a 
culture where we interact on the border, and I live on the border. I am 
not in Colorado with the gentleman from Colorado (Mr. Tancredo).
  Mr. GOODLATTE. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, that was a tragedy about the shooting of the 18-year-
old young man, Mr. Hernandez, who was shepherding his family's goats. 
But let me tell you a little bit more about the story. He had a .22 
rifle. He fired twice at the Marines and was aiming to fire a third 
time, and only then was fire returned and, regrettably, he was killed 
with a single shot.
  We need to pass this amendment today. We need to send a message to 
the illegal drug traffickers, hey, we are going to have the authority 
to put troops on the border. We need to send a message to illegal 
aliens coming into this country that we are going to put troops on the 
its border and stop it. And to those terrorists who are in Mexico, such 
as that reported by the Washington Times that al Qaeda is there, we 
need to send them a message: We are going to stop you at the border; 
you are not getting in.
  Let us put troops on the border and vote yes for this amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. REYES. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, in closing, let me clear the record. When the gentleman 
from Virginia (Mr. Goode) talks about the young man that fired off at 
the Marines, he did not know what he was firing at. They were operating 
in a covert and camouflaged situation, and he did not know what they 
were. So he did fire a shot at them. But the important thing there is 
one life lost in an ill-conceived policy is one life too many.
  When they talk about the authority that the President needs to be 
able to do that, he has that authority already in several different 
parts of our law. When he talks about the value of training for our 
military, I would remind my colleagues, the military in Baghdad pleaded 
with us and said, look, we trained for combat. We have won this war. 
Get us out of here. We are not cops, we are not infrastructure 
protectors, we are not policemen. Get us out of here. We trained for 
combat. That is their role.
  Secondly, you do not want to subject border communities to martial 
law. You talk about sending a message? The message that you are sending 
is this, that we are thinking of our military as expendable. We are 
willing to send them to the border, where they may become legally 
liable should they shoot another Esquiel on the border. They are 
legally liable.
  Secondly, they are trained for combat. You cannot expect our military 
to change hats, one for combat and one for civil law enforcement.
  We deserve better. We can do better. Let us give the resources to 
Federal agencies that are responsible for this kind of duty and not 
subject our military and abuse our military.
  Mr. BACA. Mr. Chairman, I rise in strong opposition to the Goode 
amendment.
  The United States is battling the forces of international terrorism. 
This amendment hurts this battle by reallocating resources that already 
exist in our border patrols.
  The Department of Defense opposes this bill. Why? Because it is not 
intended to secure our border, it is intended to affect immigration and 
to intimidate the millions of Mexican-Americans and Latinos that live 
in our Nation's border region.
  Let us remember little Ezequiel Hernandez who was shot dead by Marine 
snipers while he was herding his goats.
  I am deeply concerned that by placing combat ready troops at our 
borders, our borders will become a war zone. Our Nation will be 
perceived, and rightly so, to be engaging in a war against Latino 
immigrants. This is nothing new.
  We must take urgent measures to protect our Nation, but we cannot do 
so at the expense of our values, traditions, and freedoms. We cannot do 
so at the expense of ending what little goodwill exists with our border 
neighbors.
  Our challenge is to keep out terrorists who want to destroy this 
country while welcoming the newcomers who want to help build it. 
Putting troops on the border will not make our borders safer. Putting 
troops on the border only guarantees more accidental deaths of Latinos 
like little Ezequiel. This child deserved to grow up, graduate from 
school, marry, have children, and live a long fruitful life. He 
definitely did not deserve to be shot dead.
  It is certain that others like little Ezequiel will die if we pass 
this thin-veiled anti-immigrant amendment.
  Military personnel are not trained for border patrolling they are 
trained for war and combat.

[[Page 12568]]

They are not trained to be sensitive to civil liberties. They are 
trained to fight terrorists and we need to let them do their job--
abroad. The U.S. military does not police civilian populations lest we 
forget the lessons of history from the Soviet Union and its satellite 
nations.
  If we really want to secure our borders, we should increase funding 
for local law enforcement. We should not divert funds and shift the 
focus away from the war on terror. Our enemies are terrorists, not 
immigrants.
  The CHAIRMAN pro tempore (Mr. Bereuter). All time for debate has 
expired.
  The question is on the amendment offered by the gentleman from 
Virginia (Mr. Goode).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mr. GOODE. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Virginia 
(Mr. Goode) will be postponed.


          Sequential Votes Postponed In Committee of the Whole

  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, 
proceedings will now resume on those amendments on which further 
proceedings were postponed, in the following order:
  Amendment No. 1 offered by Mr. Hunter; and
  Amendment No. 2 offered by Mr. Goode.
  The Chair will reduce to 5 minutes the time for the second electronic 
vote.


                 Amendment No. 1 Offered by Mr. Hunter

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from California 
(Mr. Hunter) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 252, 
noes 175, not voting 7, as follows:

                             [Roll No. 205]

                               AYES--252

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carson (OK)
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Combest
     Cooper
     Cox
     Cramer
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Holden
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Israel
     Issa
     Istook
     Janklow
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Lynch
     Manzullo
     Marshall
     Matheson
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Snyder
     Souder
     Stearns
     Stenholm
     Sullivan
     Tancredo
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Turner (TX)
     Upton
     Vitter
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--175

     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Berkley
     Berman
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Carson (IN)
     Case
     Clay
     Clyburn
     Conyers
     Costello
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Flake
     Frank (MA)
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hill
     Hinchey
     Hoeffel
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lipinski
     Lofgren
     Lowey
     Majette
     Maloney
     Markey
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--7

     Abercrombie
     Burr
     Gephardt
     Hinojosa
     LaTourette
     Lewis (GA)
     Sweeney


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mrs. Biggert) (during the vote). Members 
are reminded that there are less than 2 minutes remaining in this vote.

                              {time}  1714

  Mr. OWENS and Mr. WALDEN of Oregon changed their vote from ``aye'' to 
``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, the 
next vote will be conducted as a 5-minute vote.


                  Amendment No. 2 Offered by Mr. Goode

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from Virginia 
(Mr. Goode) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 250, 
noes 179, not voting 5, as follows:

[[Page 12569]]



                             [Roll No. 206]

                               AYES--250

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Combest
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (TN)
     Davis, Jo Ann
     Deal (GA)
     DeFazio
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doolittle
     Duncan
     Dunn
     Emerson
     Engel
     English
     Etheridge
     Everett
     Feeney
     Ferguson
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hooley (OR)
     Hostettler
     Hulshof
     Hunter
     Hyde
     Isakson
     Israel
     Issa
     Istook
     Janklow
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     LaHood
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lowey
     Lucas (KY)
     Lucas (OK)
     Majette
     Manzullo
     Marshall
     Matheson
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moore
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Spratt
     Stearns
     Strickland
     Sullivan
     Tancredo
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Udall (CO)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--179

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Bereuter
     Berkley
     Berman
     Berry
     Blumenauer
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Buyer
     Capps
     Capuano
     Cardin
     Carson (IN)
     Clay
     Clyburn
     Conyers
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Tom
     DeGette
     Delahunt
     DeLauro
     Dicks
     Doggett
     Dooley (CA)
     Doyle
     Dreier
     Edwards
     Ehlers
     Emanuel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Flake
     Frank (MA)
     Frost
     Gonzalez
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Hart
     Hastings (FL)
     Hastings (WA)
     Hill
     Hinchey
     Hoeffel
     Holden
     Holt
     Honda
     Houghton
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kleczka
     Kline
     Knollenberg
     Kolbe
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Lipinski
     Lofgren
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Price (NC)
     Putnam
     Rahall
     Rangel
     Reyes
     Rodriguez
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (VA)
     Serrano
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Souder
     Stark
     Stenholm
     Stupak
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tierney
     Towns
     Turner (TX)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                             NOT VOTING--5

     Gephardt
     Hinojosa
     Lewis (GA)
     Rothman
     Sweeney


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mrs. Biggert) (during the vote). Members 
are advised that there are less than 2 minutes left to record their 
vote.

                              {time}  1723

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  (Mr. SHIMKUS asked and was given permission to speak out of order for 
1 minute.)


                  Informing Members of Page Reception

  Mr. SHIMKUS. Madam Chairman, I want to remind all Members that the 
page reception is occurring as we speak down in the Members' dining 
room. If you have a page here in this class, if you would get down to 
the Members' dining room and make sure you say hi to them. If you are a 
Member that has developed a good relationship with pages and want to 
make sure you say farewell, that is going on now as we speak.
  The CHAIRMAN pro tempore. It is now in order to consider amendment 
No. 3 printed in House Report 108-120.


      Amendment No. 3 Offered by Ms. Loretta Sanchez of California

  Ms. LORETTA SANCHEZ of California. Madam Chairman, I offer an 
amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Ms. Loretta Sanchez of 
     California:
       At the end of title VII (page 196, after line 12), add the 
     following new section:

     SEC. 708. LIMITING RESTRICTION OF USE OF DEPARTMENT OF 
                   DEFENSE MEDICAL FACILITIES TO PERFORM ABORTIONS 
                   TO FACILITIES IN THE UNITED STATES.

       Section 1093(b) of title 10, United States Code, is amended 
     by inserting ``in the United States'' after ``Defense''.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the 
gentlewoman from California (Ms. Loretta Sanchez) and a Member opposed 
each will control 15 minutes.
  The Chair recognizes the gentlewoman from California (Ms. Loretta 
Sanchez).
  Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield myself 
such time as I may consume.
  Today I offer an amendment about freedom, safety and choice. Members 
of the Armed Services are entitled to a quality of life equal to that 
of the Nation they are pledged to defend. Whether you are pro-life or 
pro-choice, agree or disagree with the merits of reproductive freedom, 
the facts remain, the women of the United States have a constitutional 
right to reproductive services. So why would we choose to place an 
overseas female soldier or military dependent into a subclass of 
citizenship?
  Currently, servicewomen may fly back to the United States to obtain 
reproductive services but only after they have authorization from 
commanding officers and can find a space on a military transport. If 
your daughter, wife, sister or friend had to make a tough reproductive 
choice and were stationed overseas, do you believe that as adult women 
they should be required to disclose this information to their 
commanding officer? Would you want to put her on the plane alone? Our 
servicewomen and dependents deserve better.
  My amendment allows military personnel and their dependents serving 
overseas to use their private funds to obtain safe, legal abortion 
services in overseas military hospitals. No Federal funds would be 
used. This amendment will only affect United States military facilities 
overseas, and my amendment will not violate host country laws. It does 
not compel any doctor who opposes abortion on principle to perform one. 
It will, however, open up reproductive services at bases in countries 
where abortion is legal.

[[Page 12570]]

  Vote for the rights of our servicewomen and dependents abroad. Vote 
for the Sanchez amendment.
  Madam Chairman, I reserve the balance of my time.
  Mr. RYUN of Kansas. Madam Chairman, I claim time in opposition to the 
Sanchez amendment.
  The CHAIRMAN pro tempore. The gentleman from Kansas (Mr. Ryun) is 
recognized for 15 minutes.
  Mr. RYUN of Kansas. Madam Chairman, I yield myself such time as I may 
consume.
  Under this amendment, abortions could be performed in military 
medical facilities outside of the United States for any reason. Self-
funded abortions would no longer be limited to cases in which the life 
of the mother is in danger or in cases of rape or incest.

                              {time}  1730

  The gentlewoman from California (Ms. Loretta Sanchez) stated the 
reason for offering this amendment is that female servicemembers and 
dependents overseas are denied equal access to health care, effectively 
putting their lives and health in harm's way, and that simply is wrong. 
In overseas countries where safe and legal abortions are not available, 
servicemembers and their dependents have the option of using space-
available travel for returning to the United States or traveling to 
another overseas country for the purpose of obtaining an abortion.
  Additionally, DOD doctors are still required to obey the abortion 
laws of the countries where they are providing services. Thus, if this 
amendment became law, they still could not perform abortions in these 
locations where abortion is restricted or is not permitted. In such 
cases, pregnant women would be able, as they are now, to travel to a 
nearby country or back to the United States on a military flight or on 
a space-available basis.
  Ask any military doctor if they joined up to perform abortions, and 
they will simply say they entered to save lives. Congress should not 
take a step towards putting these doctors in a position of taking the 
most innocent of human life. There is no demonstrated need to increase 
the number of abortion procedures at military installations. This 
amendment does not seek to address an operational requirement or ensure 
access to an entitlement. It is simply aimed at introducing this very 
contentious and divisive issue in the defense authorization fight, and 
I encourage my colleagues to oppose this amendment.
  Madam Chairman, I reserve the balance of my time.
  Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield 2 minutes 
to the gentlewoman from California (Ms. Harman) and the original 
sponsor of this bill way back when.
  Ms. HARMAN. Madam Chairman, I thank my colleague for yielding me this 
time, and I commend her for her leadership on this very important 
issue.
  Madam Chairman, as communities across the Nation begin to welcome 
home members of our Armed Forces who served in Afghanistan and Iraq, 
and to honor those who continue to serve in our ongoing war on 
terrorism, we are, at the same time, turning America's brave 
servicewomen into second-class citizens. So long as this Congress 
continues a policy that fails to afford servicewomen their 
constitutional right to comprehensive health care, regardless of where 
they serve, we continue to do them serious harm.
  Since 1989, and except for 2 years early in the Clinton 
administration, Congress has barred a woman's access to necessary 
health care services at overseas bases, even when paid for by their own 
funds. When I served on the Committee on Armed Services, way back when, 
I sponsored this same amendment to restore the rights of servicewomen 
serving overseas. And before me, our colleague, the gentlewoman from 
Connecticut (Ms. DeLauro), courageously fought this battle.
  I have long believed that the current policy is unconstitutional and, 
if challenged, would be overturned as a violation of Roe v. Wade. In 
practical terms, the policy exposes our servicewomen serving in austere 
locations overseas to unsanitary and unsafe medical facilities, and it 
requires that a woman violate her right to privacy by requiring that 
she secure permission from a superior officer to travel back to the 
United States to terminate an unwanted pregnancy, a requirement that 
violates her rights under Roe v. Wade.
  Today, this body has another opportunity to right this obvious wrong. 
As the sponsor pointed out, we do not ask that the Federal Government 
pay for abortions overseas. Women who want this procedure will have to 
pay for it. Nor do we compel medical professionals to provide the 
procedure. There is a conscience clause. As servicewomen and female 
dependents deploy abroad, it is time to send the right message. As they 
protect our constitutional rights to life and liberty, we need to 
protect theirs.
  Vote for the Sanchez-Harman-DeLauro amendment.
  Mr. RYUN of Kansas. Madam Chairman, I am pleased to yield 1 minute to 
the gentlewoman from Colorado (Mrs. Musgrave).
  Mrs. MUSGRAVE. Madam Chairman, I rise in opposition to this 
amendment. We have had issues that come up which I call perennials. 
Year after year they come up and, fortunately, in my opinion, this one 
keeps failing every year. I am glad that the House rejected this 
amendment in 2002, 2001, 2000, 1999, 1998, 1997, and 1996.
  Whenever this amendment is brought up, the word ``choice'' is always 
brought into the conversation. I would urge my colleagues to respect 
the choices of the American taxpayers. The men and women that get up 
and go to work every day and pay their taxes in this country have 
spoken very clearly that they do not want their tax dollars used to 
provide abortions.
  Military treatment centers, the very centers that are funded by these 
American taxpayers who get up and go to work every day and pay their 
taxes, should be used and dedicated for the healing and nurturing of 
human life, not taking the life of the most vulnerable of all human 
beings, the unborn child.
  Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield 1 minute 
to the gentlewoman from California (Mrs. Tauscher), one of my 
colleagues on the Committee on Armed Services.
  Mrs. TAUSCHER. Madam Chairman, I thank my colleague for yielding me 
this time, and I rise to express my support for the Sanchez amendment.
  This amendment would provide equal access to women in the military 
who are serving overseas. Currently, women who have volunteered to 
serve our country and female military dependents are denied their 
legally guaranteed right to choose simply because they are stationed 
overseas. All military women, including those deployed overseas, should 
be able to depend on their base hospitals for all of their health care 
needs.
  A repeal of the current ban on personally funded abortions would 
allow women access to the same range and quality of reproductive health 
care available in the United States. Most importantly, the Sanchez 
amendment would allow our servicewomen privacy in making this important 
personal decision. Under current law, military women must either go off 
base or must ask their commander for time off to travel back to the 
United States.
  Madam Chairman, I hope we can support this amendment and ensure that 
American women stationed overseas are afforded the same basic rights as 
women at home. I urge my colleagues to support this critical amendment.
  Mr. RYUN of Kansas. Madam Chairman, I am pleased to yield such time 
as he may consume to the gentleman from Georgia (Mr. Gingrey).
  Mr. GINGREY. Madam Chairman, I thank the gentleman for yielding me 
this time, and I rise today in strong opposition to the Sanchez 
amendment.
  Current law prevents military facilities located overseas from 
performing abortions. This amendment would reverse this ban and allow 
facilities tasked with saving and preserving the lives of our military 
personnel to literally becoming abortion clinics.
  Madam Chairman, I am sure that most of my colleagues are aware that 
the House has rejected this exact same

[[Page 12571]]

amendment during committee and floor consideration of the defense 
authorization bill in each of the last 7 years. This body has acted 
wisely on this misguided amendment and for good reason.
  I oppose this amendment not only as a member of the House Committee 
on Armed Services that is strongly committed to our national defense, 
but also as an OB-GYN physician of almost 30 years. In my career 
practicing medicine, I have delivered over 5,000 babies, and I remain 
steadfastly committed to pro-life principles.
  Again, the primary mission of the military treatment center is to 
heal and protect human life, but this amendment seeks to overturn this 
mission and convert these facilities into providers of abortion 
instead.
  Madam Chairman, I urge my colleagues to protect the sanctity of human 
life and oppose this Sanchez amendment.
  Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield 1 minute 
to the gentlewoman from California (Mrs. Davis), another member of the 
Committee on Armed Services.
  Mrs. DAVIS of California. Madam Chairman, I rise in support of the 
Sanchez amendment.
  As a mother and military spouse who lived overseas during the Vietnam 
War, my heart breaks when I read about the experiences of American 
military women who are left on their own to seek reproductive health 
services in a foreign country. As a member of the Committee on Armed 
Services, I am moved to change the law and offer these servicewomen 
safe medical care for services they are even willing to pay for.
  One woman wrote to me the following after being turned away at her 
base: ``The military expects nothing less than the best from its 
soldiers, and I expect the best medical care in return. If this is how 
I will continue to be treated as a military servicemember by my country 
and its leaders, however, I want no part of it.''
  I urge my colleagues to join me in supporting the Sanchez amendment.
  Mr. RYUN of Kansas. Madam Chairman, I am pleased to yield 1 minute to 
the gentleman from Florida (Mr. Weldon).
  Mr. WELDON of Florida. Madam Chairman, I thank the gentleman for 
yielding me this time. This is now the ninth time I have risen to speak 
against this amendment.
  I practiced medicine in the Army for 6 years before I was elected to 
the House of Representatives, and I was in the Army when President 
Reagan initially made his executive order stating that we would no 
longer do abortions in military hospitals. We in the medical care 
community in the military were very pleased with this.
  I have talked to a lot of nurses and a lot of doctors about this 
issue, and many of them are pro-life and they say they were very glad 
it was removed, but many of them are actually pro-choice but they all 
say the same thing to me. They say they are pro-choice, but I would 
never do an abortion. They say they are pro-choice, but I would never 
assist in an abortion. And they were all very, very happy to get this 
out of the military medical facilities.
  This would be a step in the wrong direction. It would be bad for 
morale. And I wholeheartedly concur with the comments of my physician 
colleague, the gentleman from Georgia (Mr. Gingrey).
  Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield 1 minute 
to the gentlewoman from California (Ms. Woolsey).
  Ms. WOOLSEY. Madam Chairman, I rise today in strong support of the 
Sanchez amendment. Over the last few months, we have voiced our support 
for the troops many, many times. Tax relief, loan forgiveness, and 
resolutions of support are well and good. But I know of no better way 
to demonstrate our real support for our troops than by finally giving 
women in our Armed Forces and the wives and daughters of the men in our 
military the ability to exercise their constitutional right to 
reproductive choice and reproductive health while being stationed 
abroad.
  We routinely ask servicewomen to put their lives on the line in 
defense of our country and our country's ideals. That is why we must 
not require them to put their lives on the line when seeking 
constitutionally protected reproductive services. Please join me in 
supporting our troops by supporting the Sanchez amendment.
  Mr. RYUN of Kansas. Madam Chairman, may I inquire how much time I 
have remaining.
  The CHAIRMAN pro tempore (Mrs. Biggert). The gentleman from Kansas 
(Mr. Ryun) has 10 minutes remaining, and the gentlewoman from 
California (Ms. Loretta Sanchez) has 8 minutes remaining.
  Mr. RYUN of Kansas. Madam Chairman, I am pleased to yield 1 minute to 
the gentleman from Arizona (Mr. Franks).
  Mr. FRANKS of Arizona. Madam Chairman, I rise in opposition to this 
amendment.
  Over the last 30 years, abortion on demand has left 42 million 
separate scars on the soul of America. Madam Chairman, every time one 
took place, a mother's heart was never quite the same, a nameless 
little baby died a tragic and lonely death, and all of the gifts that 
child might have brought to this world were lost forever.
  Madam Chairman, there are many lying out in the field of Arlington 
today that died for a basic principle, and that is the basic principle 
that we are here for today, which is to compile amendments and laws 
that will protect the innocent from those that would desecrate their 
rights and their lives.
  Madam Chairman, if we turn military clinics and hospitals into 
abortion clinics, we dishonor their memory; and we say to the world 
that we do not have the insight to find better ways to help mothers 
than killing their children for them.
  Madam Chairman, I hope we will defeat this amendment.
  Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield 1 minute 
to the gentlewoman from Colorado (Ms. DeGette).
  Ms. DeGETTE. Madam Chairman, the gentleman from Kansas said not to 
worry, our servicewomen can exercise their full right of reproductive 
services that are legal here at home, because all they have to do is 
either get space available on an airplane or go to another country in 
the region where abortion is legal.

                              {time}  1745

  Well, what do you say to the courageous servicewomen in Iraq who 
might be pregnant who might not have known they were pregnant when they 
left? Space available, that is not enough for them. If we are forcing 
them into a second trimester abortion, the health risks are much 
higher.
  So where are they going to go? Saudi Arabia? Iran? This is 
disrespectful to our fighting women all around the world.
  The problem is even greater now when we have servicewomen in large 
numbers deployed all around the world in regions where abortion is not 
safe and legal. So I challenge my colleagues who even consider voting 
against this amendment to look into the eyes of these servicewomen and 
say to them that they can fight for me, they can die for me, but they 
cannot make their own reproductive health choices.
  Mr. RYUN of Kansas. Madam Chairman, I yield such time as he may 
consume to the gentleman from Pennsylvania (Mr. Pitts).
  Mr. PITTS. Madam Chairman, I rise in opposition to the Sanchez 
amendment which would force military medical facilities to provide 
abortions. In recent months, we have witnessed the courage and bravery 
of our men and women of our Armed Forces, and they have risked their 
lives in the war on terror and the war in Iraq. They have risked their 
lives in order to preserve and extend the right to life and liberty at 
home and abroad.
  U.S. military personnel aboard the USS Comfort and in other U.S. 
military medical facilities have extended hope and healing to the 
wounded. How do we repay them? How do we thank them for their sacrifice 
and selflessness? The Sanchez amendment would repay them by forcing 
military medical personnel to be complicit in the taking of human life. 
It would divert

[[Page 12572]]

precious medical resources such as staff time, equipment and facilities 
away from the front lines of battle. The Sanchez amendment would 
promote bad medicine and the poor use of scarce taxpayer dollars.
  Abortion is the most violent form of death known to mankind, death by 
decapitation, dismemberment, a horrible, horrific death. We should 
defeat the Sanchez amendment.
  Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield myself 
such time as I may consume.
  Madam Chairman, I would remind Members there is a clause that doctors 
do not have to perform these services if they are opposed to them. We 
are not making medical personnel do something that they are opposed to 
or do not believe in.
  Madam Chairman, I yield 1 minute to the gentleman from Illinois (Mr. 
Kirk).
  Mr. KIRK. Madam Chairman, I thank the gentlewoman for her amendment 
and support it. American uniformed women stationed overseas depend on 
base hospitals for their medical care, often situated in areas where 
local facilities are inadequate. We have over 100,000 American women in 
uniform now on active duty with spouses and dependents who depend on 
those base hospitals.
  Just 3 years ago, I served as a Navy air crewman at the Insurlik Air 
Base in Adona, Turkey. The thought of sending one of my female 
colleagues to the Turkish hospital in downtown Adona for her medical 
care rather than in the American base hospital where they would 
understand her own language is an anathema to me.
  Women who serve in our Armed Forces and wear the uniform should have 
the same rights as women in our country, and that is a basic principle 
we stand for. I urge adoption of the amendment.
  Mr. RYUN of Kansas. Madam Chairman, I yield such time as he may 
consume to the gentleman from Arizona (Mr. Renzi).
  Mr. RENZI. Madam Chairman, I rise in opposition to this amendment. 
Our military's primary responsibility is to defend American lives in 
every capacity. Therefore, military hospitals should not be turned into 
abortion clinics. This amendment would corrupt the mission of our 
military by using military hospitals, built also by pro-life American 
taxpayers, for the purposes of performing abortions.
  Many military doctors and nurses have already made it clear they will 
refuse to perform abortions. Therefore, those doctors who exercise 
their conscience clause would force the military to go look for, 
search, hire, and transport civilian abortionists onto military bases 
and hospitals overseas. In the past, our military has not given its war 
fighters enough pay raises, and now we are forced to debate whether or 
not to use defense dollars to search for civilian abortionists in 
foreign countries.
  This amendment is a misguided attempt to insert the pro-abortion 
agenda into a piece of legislation that is instrumental to the defense 
of our Nation. Reject this amendment to alter the purpose and 
obligations and traditions of our military hospitals. Reject this 
amendment and allow military doctors to save lives on the battlefield, 
rather than abort them in military hospitals.
  Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield myself 
such time as I may consume.
  I would like to remind my colleagues that no public funds are used 
under this amendment. The individual who wishes to have an abortion 
would have to pay from her own funds.
  Madam Chairman, I yield 1 minute to the gentlewoman from New York 
(Mrs. Maloney).
  Mrs. MALONEY. Madam Chairman, I strongly urge a ``yes'' vote for the 
Sanchez amendment which will protect women's health and rights 
overseas.
  War has just ended in Iraq and Afghanistan, yet we still have many 
servicewomen overseas who are risking their lives to protect our lives 
and our rights as U.S. citizens. One of those rights is a woman's right 
to choose, but women serving effectively lose this constitutional right 
at U.S. military bases where they literally cannot even pay for this 
medical procedure with their own money.
  A male member of the Armed Services needing medical attention 
receives the best, but a female member needing a specific medical 
procedure must return to the United States, often at great expense, or 
go to a foreign hospital which may be unsanitary and dangerous. This is 
absolutely wrong. After over 200 anti-choice votes, this is yet another 
one.
  Madam Chairman, I place in the Record a list of distinguished 
organizations that have come out in support of protecting women's 
rights overseas.

       College of Obstetricians and Gynecologists; The American 
     Association of University Women; National Women's Law Center; 
     American Medical Women's Association; Physicians for 
     Reproductive Choice and Health; The Bipartisan Pro-Choice 
     Caucus; Planned Parenthood; and NARAL.

  Mr. RYUN of Kansas. Madam Chairman, I yield such time as he may 
consume to the gentleman from New Jersey (Mr. Smith).
  Mr. SMITH of New Jersey. Madam Chairman, I thank the gentleman for 
his outstanding leadership on this issue.
  Madam Chairman, nine out of ten hospitals in the United States 
adamantly refuse to abort unborn children, and the trend is for 
hospitals to divest themselves of abortion.
  It is outrageous that, as hospitals in our country repudiate 
abortion, the Sanchez amendment seeks to turn our overseas military 
hospitals into abortion mills. With all due respect to the gentlewoman 
from California (Ms. Loretta Sanchez), the amendment she offers will 
result in babies being brutally killed by abortion and will force pro-
life Americans to facilitate and to subsidize the slaughter of innocent 
children.
  We do not want any part of that carnage, and when President Clinton 
in the previous administration sought to impose this kind of activity 
upon our military not a single military doctor in our overseas 
hospitals wanted to be a part of it. They had to look outside the 
system because they were pro-life, and they wanted to nurture and care 
for, provide maternal health care, prenatal health care, not the 
killing of those babies.
  Madam Chairman, let us be clear. Abortion is violence against 
children. Some abortion methods dismember and rip apart the fragile 
bodies of children. Other methods chemically poison children. 
Abortionists turn children's bodies into burned corpses, a direct 
result of the caustic effect of salt poisoning and other methods of 
chemical abortions.
  I would say to my colleagues, there is absolutely nothing benign or 
curing or nurturing about abortion. It is violence. It is gruesome. And 
yet the apologists sanitize the awful deed with soothing, misleading 
rhetoric. Abortion methods are particularly ugly because, under the 
guise of choice, they turn baby girls and baby boys into dead baby 
girls and dead baby boys.
  We have had enough loss of innocent life. Reject the Sanchez 
amendment.
  Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield 1 minute 
to the gentlewoman from California (Ms. Lee).
  Ms. LEE. Madam Chairman, I rise today in strong support of the 
Sanchez amendment and want to commend and thank the gentlewoman for her 
tireless fight for the rights of all women, including women serving in 
our military.
  It is absurd that we must come to the floor annually to fight to 
repeal this unfair and discriminatory policy of denying servicewomen 
and female military dependents from using their own money for abortions 
at overseas military hospitals. At a time when many servicewomen are 
overseas serving in Iraq, Afghanistan, and elsewhere, this policy is 
extremely cruel.
  We support our troops, yet we deny women serving in our Armed Forces 
access to vital reproductive health services. How patriotic is this? 
Military women should be able to depend on their base hospitals for all 
of their health care services. A repeal of the current law ban on 
privately funded abortions would allow women access to the same range 
and quality of medical care available in our own country.

[[Page 12573]]

That is why I strongly urge my colleagues to support the Sanchez 
amendment.
  Mr. RYUN of Kansas. Madam Chairman, I yield such time as he may 
consume to the gentleman from Indiana (Mr. Pence).
  Mr. PENCE. Madam Chairman, I thank the gentleman for yielding me this 
time.
  I oppose the Sanchez amendment. This is one of the nights in my life 
that I regret that I am not a woman. I am just another white, middle-
aged Republican rising to speak on the issue of abortion. But I know I 
speak tonight for millions of American women who cherish the right to 
life, who believe that abortion, as I do, is morally wrong and choose 
not to see their taxpayer dollars, directly or indirectly, subsidize or 
promote abortion at home or abroad.
  It truly is what we are about tonight. For while I oppose abortion, 
and we have heard passionate eloquence on the pro-life message, I 
oppose the Sanchez amendment because it is morally wrong to force 
millions of American men and women who oppose abortion at home to 
finance it abroad. Now the amendment of the gentlewoman from California 
(Ms. Loretta Sanchez) seems to acknowledge this sensitivity and the 
fact that surveys show the overwhelming majority of Americans, even if 
they support the right to an abortion, do not believe that taxpayer 
money should be used to fund it.
  In fact, the gentlewoman from California (Ms. Loretta Sanchez) just 
said, in correcting my colleague from Arizona, that no public funds 
will be used specifically for abortion, but what is obvious to anyone 
who would understand this process is that while perhaps the act is not 
funded by the taxpayer, the hospital is, the search for a physician is, 
the infrastructure where the act would be conducted is. Therefore, 
taxpayer dollars will indirectly fund abortion at military bases 
overseas. This is in violation of a basic principle that you do not 
force millions of Americans who find the procedure of abortion morally 
wrong to pay for it with their tax dollars in a coercive manner.
  If it is wrong to fund abortions directly with taxpayer dollars, it 
is wrong to do it indirectly as well. So I rise in opposition to the 
Sanchez amendment because we ought not to do indirectly what we would 
not be willing to do on this floor directly. America should continue, 
our military bases should continue, in the disposition of American 
taxpayer resources to choose life.

                              {time}  1800

  Ms. LORETTA SANCHEZ of California. Madam Chairman, I yield myself 
such time as I may consume.
  It is quite obvious to me that my colleague who just spoke has not 
recently received any type of a bill from a hospital, because if he 
would see that, he would understand that even right down to the last 
vitamin or pill that is administered in a hospital, you are charged 
when you are there. So the cost of this would be borne by the woman and 
her family.
  Madam Chairman, I yield 1\1/4\ minutes to the gentlewoman from 
Connecticut (Mrs. Johnson), a tireless fighter with respect to women's 
reproductive issues.
  Mrs. JOHNSON of Connecticut. I thank the gentlewoman for yielding me 
this time.
  Madam Chairman, I rise in strong support of the Sanchez amendment. 
This is not about abortion. I know people differ as to whether they 
would have an abortion or anyone in their family would have an 
abortion. This is not about that. There is no State in our entire 
Nation that bans the right for women in America to choose to have a 
termination of a pregnancy. Not one. It is a legal medical procedure 
that is available to women in America if they are stationed in America. 
The idea that we would deny our servicewomen this right because they 
are stationed abroad. Have you ever walked through a Chinese hospital? 
I have. Do you want a wife or a daughter to have to be hospitalized to 
have a procedure in a hospital whose sanitary conditions are scandalous 
and whose people are poorly trained? That is wrong. Our servicemen and 
women should have access to the same legal bundle of medical procedures 
abroad as they have here. This is not a matter of taxpayer dollars, 
either. They have to pay for it. And it is costly. Your daughter gets 
date-raped by a young soldier. You want her in that military hospital, 
high quality, if she needs that pregnancy terminated. This is cruel, it 
is wrong, it is unequal; and it is not about abortion. I support the 
Sanchez amendment.
  Mr. RYUN of Kansas. Mr. Chairman, I yield myself such time as I may 
consume. Let me just respond a little bit to some of the comments that 
have been made. If there is rape and incest involved, there is access 
to an abortion overseas. I want to clarify that for the record.
  Mr. Chairman, I am happy to yield 1 minute to the gentleman from 
Missouri (Mr. Akin).
  Mr. AKIN. Mr. Chairman, the proposal, of course, before us as we have 
heard is basically going to turn our overseas military medical 
facilities into abortion clinics. The point has been made that we allow 
abortions in 50 States, but it is also clear that we only allow 
abortions in one out of 10 hospitals. Yet with this particular 
amendment, we are going to force our military hospitals to perform 
these abortions. This was tried before in 1993 to 1996 under President 
Clinton's policies, and it was rather unsuccessful.
  First of all, it was very hard to find obstetricians and 
gynecologists stationed overseas who wanted to perform the abortions in 
the first place. Very, very few abortions were actually conducted. Part 
of that is because there are laws against abortion in many foreign 
countries, and so even there we would not be able to do the abortion.
  Now there is the idea, or the inference, that there is some necessity 
for these abortions in military hospitals. But the necessity does not 
exist. This is something that can be done as an elective procedure. It 
can be done by people coming to our country.
  I would urge my colleagues to vote in opposition to the amendment.
  Ms. LORETTA SANCHEZ of California. Mr. Chairman, I yield 1 minute to 
the gentleman from Washington (Mr. Inslee).
  Mr. INSLEE. Mr. Chairman, I come to the floor because men need to 
come to the floor and say that it is time to end the second-class 
treatment of the proud women who are serving in our Armed Forces. This 
is fundamentally a debate about freedom. Because in America, the U.S. 
Supreme Court has said women have the freedom to make this decision. 
And women are treated as second-class citizens by saying they may have 
that freedom when they are in the United States, but once they leave 
our shores to serve us, to fight for the very freedoms that we stand 
for in America, they lose that freedom right.
  My good friend from Kansas has suggested that they are free to fly to 
Afghanistan for this procedure. That is a great irony. Because when a 
man goes in for reproductive services, he can get a vasectomy in his 
military hospital in Germany. That is fine. But we are asking our 
sisters and our wives and our daughters who serve proudly in the Army 
and the Navy and the Air Force to fly to Afghanistan, a place that we 
just went to war to try to serve women to free them from the Taliban. 
This is a freedom matter, and we ought to support this amendment.
  Mr. RYUN of Kansas. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, if I could clarify the record just briefly, I am not 
suggesting, nor is anyone else, that they have to fly to Afghanistan, 
but they have the opportunity to return to this country on a space-
available situation. I do not want to see our military installations 
turned into abortion clinics. I urge a strong ``no'' in opposition to 
the Sanchez amendment.
  Ms. LORETTA SANCHEZ of California. Mr. Chairman, I yield myself such 
time as I may consume.
  Mr. Chairman, I close by reminding my colleagues that this is a 
bipartisan issue. We have Planned Parenthood, NARAL, the College of OB-
GYN physicians who support this amendment. I

[[Page 12574]]

would like to close finally with a voice from a woman who found herself 
in this situation while stationed in the Army in Germany. She says:
  ``I chose to fly back to the States because I did not trust foreign 
doctors. It cost me over $800 for the trip. It would have cost me more, 
but I went by military hop. Plus the $300 for the abortion, not 
counting the fact that I had to use my vacation time. Luckily my trip 
was approved in time for me to get back before I reached the end of my 
first trimester. I can remember thinking at the time how unfair it was 
that I had to resort to these drastic measures. Had I been in the 
States, it would have not been an issue. I can remember being resentful 
of my fellow male comrades who were able to have vasec-
tomies paid for by the military in Germany and yet I had to use my 
leave time and my own funds to fly back to the U.S. for what is also a 
reproductive choice. Women in the military are denied their right to 
control their reproductive process while abroad, although men in the 
military enjoy the same rights abroad as they do in the States.''
  She says, ``I believe it is time that the women of this country enjoy 
the same rights their male counterparts enjoy, for that is what I think 
I was fighting for when I was stationed there.''
  Support the Sanchez amendment.
  Mrs. LOWEY. Mr. Chairman, I rise in strong support of the Sanchez 
amendment, which would allow military women and dependents stationed 
overseas to obtain abortion services with their own money. I want to 
thank my colleague Loretta Sanchez for her fine work on this important 
issue.
  Over 100,000 women live on American military bases abroad. These 
women risk their lives and security to protect our great and powerful 
nation. These women work to protect the freedoms of our country. And 
yet, these women--for the past eight years--have been denied the very 
Constitutional rights they fight to protect.
  My colleagues, this restriction is un-American, undemocratic, and 
would be unconstitutional on U.S. soil. How can this body deny 
constitutional liberties to the very women who toil to preserve them? 
Mr. Chairman, as we work to promote and ensure democracy worldwide we 
have an obligation to ensure that our own citizens are free while 
serving abroad. Our military bases should serve as a model of democracy 
at work, rather than an example of freedom suppressed.
  This amendment is not about taxpayer dollars funding abortions, 
because no Federal funds would be used for these services. This 
amendment is not about health care professionals performing procedures 
they are opposed to, because they are protected by a broad exemption. 
This amendment is about ensuring that all American women have the 
ability to exercise their Constitutional right to privacy and access 
safe and legal abortion services.
  Mr. Chairman, as our Nation works to preserve our freedoms and 
democracy, now is not the time to put barriers in the path of our 
troops overseas. We know that the restriction on abortion does nothing 
to make abortion less necessary--it simply makes abortion more 
difficult and dangerous.
  It is time to lift this ban, and ensure the fair treatment of our 
military personnel. I urge passage of the Sanchez amendment.
  The CHAIRMAN pro tempore (Mr. Ose). The question is on the amendment 
offered by the gentlewoman from California (Ms. Loretta Sanchez).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Ms. LORETTA SANCHEZ of California. Mr. Chairman, I demand a recorded 
vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from California 
(Ms. Loretta Sanchez) will be postponed.
  It is now in order to consider amendment No. 4 printed in House 
Report 108-120.


                Amendment No. 4 Offered by Mrs. Tauscher

  Mrs. TAUSCHER. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mrs. Tauscher:
       At the end of subtitle A of title II (page 30, after line 
     7), insert the following new section:

     SEC. 2__. FUNDING REDUCTIONS AND INCREASES.

       (a) Increase.--The amount provided in section 201 for 
     research, development, test, and evaluation is hereby 
     increased by $21,000,000, of which--
       (1) $5,000,000 shall be available for Program Element 
     0603910D8Z, strategic capability modernization;
       (2) $6,000,000 shall be available for Program Element 
     0602602F, conventional munitions; and
       (3) $10,000,000 shall be available for Program Element 
     0603601F, conventional weapons technology.
       (b) Reduction.--The amount provided in section 3101 for 
     stockpile research and development is hereby reduced by 
     $21,000,000, of which--
       (1) $15,000,000 shall be derived from the feasibility and 
     cost study of the Robust Nuclear Earth Penetrator; and
       (2) $6,000,000 shall be derived from advanced concepts 
     initiative activities.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the 
gentlewoman from California (Mrs. Tauscher) and the gentleman from 
Alabama (Mr. Everett) each will control 10 minutes.
  The Chair recognizes the gentlewoman from California (Mrs. Tauscher).
  Mrs. TAUSCHER. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I am offering an amendment that addresses a dangerous 
nuclear policy provision in the defense bill. This amendment cuts $21 
million for the robust nuclear Earth penetrator, known as the RNEP, and 
for new nuclear weapons and redirects that money toward improving our 
conventional capability to defeat hard and deeply buried targets. As we 
do this debate today, our military does not have a requirement for 
nuclear bunker busters. They do, however, need funds for several 
programs the Pentagon is pursuing to improve our ability to get at 
hardened targets with conventional weapons.
  My amendment would provide additional funding to these critical 
conventional initiatives without taking the United States down a 
dangerous road that seeks to find new uses for nuclear weapons and 
crosses the line from strategic deterrent to offensive use. There are 
several reasons not to develop an RNEP. Here are just five:
  First, it will produce massive collateral damage; second, even the 
most powerful nuclear weapons cannot destroy bunkers at a certain 
depth; third, if a bunker is filled with chemical and biological 
agents, it is only common sense to keep them underground rather than 
blow them up and spread them all over the place in a mushroom cloud; 
fourth, an RNEP will cause massive casualties. Detonated in an urban 
area, it would kill tens of thousands of civilians. Last, developing 
nuclear bunker busters would undermine decades of work by the United 
States to prevent nonnuclear states from getting nuclear weapons and 
encourage nuclear states to reduce their stockpiles.
  Until we have exhausted all conventional means to defeat hardened 
targets and the military service produces a current requirement for an 
RNEP, it would be irresponsible for Congress to jump the gun and 
promote new uses for nuclear weapons. Let us learn from history. Nearly 
half a century ago, President Eisenhower rejected the Council of 
Advisers who wanted a new variety of nuclear weapons that they said 
would allow the United States to fight a winnable nuclear war. 
Eisenhower responded: ``You can't have that kind of war. There just 
aren't enough bulldozers to scrape the bodies off the streets.''
  As we have seen in Afghanistan and Iraq, conventional weapons can do 
the job. There is no scientific, military, or strategic reason to go 
nuclear at this time and every reason not to. I urge my colleagues to 
support the Tauscher amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. EVERETT. Mr. Chairman, I yield 3 minutes to the gentlewoman from 
New Mexico (Mrs. Wilson), a member of the committee.
  Mrs. WILSON of New Mexico. Mr. Chairman, my colleague from California 
has made a strong argument for unilateral nuclear disarmament. But

[[Page 12575]]

what she has not made is a good argument for stopping our robust 
nuclear Earth penetrator program. Nuclear weapons are useful because 
they are unusable. That is the nature of the nuclear deterrent. And the 
reason that we are pursuing these studies and why we should reject the 
Tauscher amendment is because deterrence is the center of what nuclear 
weapons are all about; it is not because we are changing the way we 
plan to fight wars. Nuclear weapons are horrible things. Warfare is a 
horrible thing. But we must maintain the nuclear deterrent so that we 
can avoid those conflicts.
  We have been reducing our nuclear stockpile in this country over the 
last 10 years, and we will continue to. We signed the Moscow treaty 
which will bring our stockpile down to levels that we have not seen 
since the 1950s. We have stopped advanced development and research over 
the last 10 years and at the same time North Korea, Iran, Iraq, and 
Russia have continued their weapons development programs. Our 
unwillingness to research these weapons has not stopped anybody from 
developing them themselves.
  Our potential enemies are burrowing in. They are putting their 
command and control centers, the people with their fingers on the 
trigger, in hard and deeply buried bunkers. For deterrence to work, we 
have to hold at risk those things which our potential enemies value and 
that means holding hard and deeply buried targets at risk. They are out 
of reach of conventional weapons. They are out of reach of current 
nuclear weapons. The robust nuclear Earth penetrator program does not 
create a new nuclear weapon. It is only intended to explore whether you 
can encase a weapon in order to allow it to penetrate before it 
explodes so that you can hold that target at risk and continue to deter 
the use of weapons of mass destruction against America or its allies.
  The base bill includes $280 million for work in conventional weapons 
against hard and deeply buried targets and only $15 million for these 
programs in advanced development and for the robust nuclear Earth 
penetrator program. The advanced concepts program I think is even more 
important. President Putin announced last week and confirmed what all 
of us have suspected for some time: the Russians are developing a new 
generation of nuclear weapons. It is up to the United States to avoid 
being surprised. That means to constantly study what other nations are 
doing so that we have a good idea of what is going on.

                              {time}  1815

  When I was much younger than I am today, someone gave me a copy of a 
letter. It was from the archives from President Roosevelt. It was from 
Albert Einstein. It was a letter advising President Roosevelt that in 
the course of the last 4 months, it has been made probable that it may 
become possible to set up a nuclear chain reaction in a large mass of 
uranium by which vast amounts of power and large quantities of new 
radium-like elements would be generated. How history would be so 
different if America had decided that we should not think about the 
unthinkable. We must continue to maintain our weapons of mass 
destruction program so that we can never be subject to surprise.
  Mrs. TAUSCHER. Mr. Chairman, I yield myself such time as I may 
consume.
  Unfortunately, my colleague from New Mexico, in an attempt to advance 
her ``more nukes is better than any nukes at all'' argument, has 
decided to degrade our existing nuclear weapons deterrent and kind of 
posit that for some reason there are people out there that actually do 
not believe that we have the most reliable, credible, and safe nuclear 
deterrent in the world. The truth is we do. We know we do, and we do 
not need new nuclear weapons to do what we know conventional weapons 
can do, and we certainly do not need them in a tactical battlefield 
environment.
  Mr. Chairman, I yield 1 minute to the gentleman from Massachusetts 
(Mr. Markey), who is the cosponsor of the bill.
  Mr. MARKEY. Mr. Chairman, I thank the gentlewoman for yielding me 
this time.
  The bunkers which the Republicans want to drop these nuclear bombs on 
are in the middle of Baghdad. They are in the middle of P'yongyang in 
North Korea. These bombs, these nuclear bombs, are bigger and more 
powerful than the bombs we dropped on Hiroshima. We are like those that 
would preach temperance from a barstool. We cannot tell the other 
countries in the world that nuclear weapons are unusable if we are at 
the same time saying that one can use them, that one can be successful 
and that one can win if one drops nuclear weapons in the middle of the 
most densely populated cities in the world.
  We just brought Iraq to its knees in 3 weeks using conventional 
weapons. The signal the Republicans are sending is that nuclear weapons 
are usable and they are usable in the middle of cities where bunkers 
are being built. And they are wrong, and it is immoral for our country 
to be taking this step.
  Mr. EVERETT. Mr. Chairman, how much time remains on this side?
  The CHAIRMAN pro tempore (Mr. Ose). The gentleman from Alabama (Mr. 
Everett) has 6 minutes remaining. The gentlewoman from California (Mrs. 
Tauscher) has 5\1/2\ minutes remaining.
  Mr. EVERETT. Mr. Chairman, I yield 3 minutes to the gentleman from 
Pennsylvania (Mr. Weldon), a very learned member of this committee who 
has great knowledge on this subject.
  Mr. WELDON of Pennsylvania. Mr. Chairman, I do not understand this 
amendment because we reached a compromise on the floor of the House 
last year, and it was not as my colleagues said, Republicans. In fact, 
I have the vote here. It was 243 to 172. The last time I checked, there 
are not 243 Republicans in this House. And that very carefully crafted 
amendment that we passed was an amendment that was crafted by the 
gentleman from South Carolina (Mr. Spratt) and by others that said we 
should be allowed to continue to do research.
  My colleague makes it out as if we want to automatically build some 
kind of Earth penetrator and that we are some kind of Darth Vaders. The 
fact is anyone who has studied the Ministry of Atomic Energy and has 
watched the career of Mr. Mikhailov, who used to be the director of 
that agency, when he left that agency, he came back as the number two 
person, and we put on the record in committee from Mr. Mikhailov's own 
mouth that his job was to develop a whole new class of small atomic 
munitions that are nuclear.
  If we follow through on the logic of those like my friend from 
Massachusetts, we cannot even research what the Russians are building. 
That has nothing to do with what we want to build. We cannot even 
research the small weapons the Russians have said publicly they are 
building. That is outrageous. That is outrageously stupid.
  This is not about whether or not we are going to nuke underground. It 
is whether or not we allow our scientists to have the ability to do 
research. The amendment last year which I was able to broker with our 
side that did not want it said we have to have very tightly defined 
limits, and we did that. The gentleman from South Carolina (Mr. Spratt) 
was the cosponsor of that. The gentleman from South Carolina (Mr. 
Spratt) told me in committee he would support that language, and I take 
him at his word.
  This amendment takes all the money from being able to do that 
research. One cannot do research without money. The proponents of this 
amendment say we can do this with conventional weapons. We are spending 
in this bill $279.6 million for conventional weapons in this area. We 
take away the only money left, which is 15 million; and we say to the 
scientists the carefully crafted amendment that we did last year in a 
bipartisan manner on the floor is okay, they are allowed; but we are 
not going to give them any money. We are not going to give them any 
money. We are going to take the money away. Cut me a break. Then say 
that. Say you want to prohibit the research. Do not say you allow the 
research with the amendment that the

[[Page 12576]]

gentleman from South Carolina (Mr. Spratt) agreed to last year, which I 
think some of the Members at least supported. I would assume the 
gentlewoman did support that amendment.
  Did the gentlewoman support it last year?
  Mrs. TAUSCHER. Mr. Chairman, will the gentleman yield?
  Mr. WELDON of Pennsylvania. I yield to the gentlewoman from 
California.
  Mrs. TAUSCHER. Mr. Chairman, I would. But it was about the low-yield 
weapons, not about the RNEP.
  Mr. WELDON of Pennsylvania. Not about the RNEP. Okay.
  Mrs. TAUSCHER. So this is apples and oranges.
  Mr. WELDON of Pennsylvania. Mr. Chairman, the point is the 
gentlewoman has tried to also find the middle ground. And I think not 
to allow this research by taking the money away is a mistake because, 
in fact, the Russian Ministry of Atomic Energy has announced publicly 
they are researching this area, and so have other entities, other 
countries. North Korea is doing a nuclear program. Therefore, I would 
strongly urge my colleagues to oppose this amendment and continue to 
support the bipartisan compromise last year reinforced by our actions 
in committee.
  Mrs. TAUSCHER. Mr. Chairman, I yield 1 minute to the gentleman from 
Missouri (Mr. Skelton), the full committee ranking member.
  Mr. SKELTON. Mr. Chairman, I thank the gentlewoman for yielding me 
this time.
  I might say, Mr. Chairman, this is an era of increased concern about 
weapons of mass destruction. This amendment includes a very prudent 
approach for enhancing our Nation's ability to hold at risk deeply 
buried targets. Additional investments in conventional research and 
conventional development are needed, particularly in the areas of 
improved targeting and improved planning. Smart fuses, guidance 
technology, that is what this amendment proposes.
  Mr. Chairman, I have spoken with professionals in both our scientific 
and national security communities, including B-2 bomber pilots, and I 
have learned one truth: the key to defeating hard deeply buried targets 
lies more in accuracy and penetration rather than the inherent 
explosive capability. That is why I think it is prudent to adopt this 
amendment, continue research on the conventional as opposed to the 
nuclear.
  Mr. EVERETT. Mr. Chairman, I understand that this side has the right 
to close?
  The CHAIRMAN pro tempore. The gentleman is correct.
  Mrs. TAUSCHER. I think I do. It is my amendment, I think, Mr. 
Chairman.
  The CHAIRMAN pro tempore. The Chair is informed the gentleman from 
Alabama (Mr. Everett) has the right to close.
  Mrs. TAUSCHER. Excuse me, Mr. Chairman, if it is my amendment, why 
would the other side have the right to close?
  The CHAIRMAN pro tempore. The manager of the bill is in opposition to 
the amendment and has the right to close.
  Mr. EVERETT. How much time remains on each side?
  The CHAIRMAN pro tempore. The gentleman from Alabama (Mr. Everett) 
has 3 minutes. The gentlewoman from California (Mrs. Tauscher) has 4\1/
2\ minutes.
  Mr. EVERETT. Mr. Chairman, I reserve the balance of my time.
  Mrs. TAUSCHER. Mr. Chairman, I yield 1 minute to the gentlewoman from 
California (Ms. Woolsey).
  Ms. WOOLSEY. Mr. Chairman, the House approved a war on Iraq because 
proponents said they were building weapons of mass destruction. Now 
this same House is on the verge of approving money for the United 
States to forward new nuclear weapons. How can we look ourselves in the 
mirror? America should have more honor than that. Simply put, nuclear 
weapons do not mean greater security, and smaller nuclear weapons do 
not mean guaranteed safety. These are the delusions that will 
ultimately lead our country and our world into nuclear destruction. 
These are the ultimate weapons of mass destruction. The Cold War is 
over, but the world still balances on the edge of an atomic cliff. Vote 
for the Tauscher amendment. Make sure we do not fall over the edge.
  Mr. EVERETT. Mr. Chairman, I reserve the balance of my time.
  Mrs. TAUSCHER. Mr. Chairman, I yield 1 minute to the gentlewoman from 
California (Ms. Lee).
  Ms. LEE. Mr. Chairman, I thank the gentlewoman for yielding me this 
time.
  I rise in strong support of the Tauscher-Markey amendment. I thank 
the gentlewoman for her leadership. This Nation does not need to be 
leading the world in the development of new forms of nuclear weapons. 
We just do not need to do that. We need to be leading the way in 
nonproliferation. Nuclear weapons are not simply one more tool at the 
President's disposal. They are the foremost most fearsome and most 
destructive force ever invented, and the proliferation of these weapons 
of incredible mass destruction make us less secure each and every day.
  How do we support the elimination of weapons of mass destruction in 
foreign countries such as Iraq, yet continue to develop them in our own 
country? Something is really wrong with this picture. We all believe in 
national security. We all believe in a strong and effective national 
defense. But building nuclear weapons is not the answer. I urge the 
Members to support the Tauscher-Markey amendment.
  Mrs. TAUSCHER. Mr. Chairman, I yield 1 minute to the gentleman from 
Massachusetts (Mr. Meehan).
  Mr. MEEHAN. Mr. Chairman, I rise in support of the Tauscher-Markey 
amendment.
  As the ranking member of the Subcommittee on Terrorism, 
Unconventional Threats and Capability, I know that the threat of 
weapons of mass destruction is real. In Iraq this country's military 
demonstrated that it can get the job done effectively against heavily 
defended bunkers and other targets without the use of nuclear weapons. 
As we negotiate and persuade other nations around the world not to 
develop nuclear weapons, our credibility is damaged and undermined when 
we pursue new types of these weapons for our own arsenals. We should 
improve our conventional capability to defend hard and buried targets 
around the world as opposed to traveling down this dangerous path 
towards increased dependence on nuclear weapons. It does not make 
sense.
  Mrs. TAUSCHER. Mr. Chairman, I yield 1 minute to the gentleman from 
Massachusetts (Mr. Markey), the cosponsor of the bill.
  Mr. MARKEY. Mr. Chairman, last October I voted for the Bush 
resolution on Iraq. The reason I did is the President said he wanted to 
stop Saddam Hussein from obtaining a nuclear weapon, that we were going 
to stop him and anyone else in the world from the capacity to develop 
nuclear weapons. The message the Republicans are sending to the world 
today is that nuclear weapons are usable. If the Russians send nuclear 
weapons to the United States, shoot them at us, every Trident submarine 
we have has up to 100 nuclear weapons on it. Russia will be destroyed 
in 1 day. But if we use one nuclear weapon in Baghdad, in Damascus, in 
P'yongyang, we will send a signal to dozens of countries in the world 
that nuclear weapons are usable, and that will destroy our moral and 
political credibility to end the spread of weapons of mass destruction, 
especially nuclear weapons, on this planet. This is the most important 
vote we are going to have, and I urge an ``aye'' vote on the Tauscher 
amendment so that we fulfill the commitment of those who voted on the 
resolution to support a war with Iraq in order to stop the spread of 
nuclear weapons.
  Mr. EVERETT. Mr. Chairman, I continue to reserve the balance of my 
time.
  Mrs. TAUSCHER. Mr. Chairman, can I ask how much time I have.
  The CHAIRMAN pro tempore. The gentlewoman has 30 seconds.

                              {time}  1830

  Mrs. TAUSCHER. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, we know that the scientific and military community have

[[Page 12577]]

said consistently that there are three things needed to defeat deeply 
hardened and buried targets. They are intelligence, precision targeting 
and Special Operations forces. They never said the word ``nuclear.'' 
There is no need for us to rush to judgment. There certainly is no 
reason for us to provide money for something that the military has not 
asked for.
  Mr. Chairman, I urge my colleagues to support the Tauscher amendment, 
to make sure we move the money from nuclear weapons to conventional 
weapons so we can defeat these targets.
  Mr. Chairman, I yield back the balance of my time.
  Mr. EVERETT. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, what has not been mentioned is this takes $6 million 
away from the Advanced Concepts Initiative, one of our few remaining 
weapon systems with designers with actual test experience left. Keeping 
this money in there will give them time to train a new generation of 
designers before they retire.
  Mr. Chairman, I yield the balance of my time to the gentleman from 
Texas (Mr. Thornberry).
  Mr. THORNBERRY. Mr. Chairman, let me begin by making two points as 
completely clear as I can:
  Number one, it is not a choice between attacking hardened targets 
with a conventional or a nuclear capability. There is nearly $300 
million in this bill to explore conventional capabilities. The question 
is, should we explore other options as well? So it is false to say 
there is a choice.
  Secondly, this bill does not authorize any kind of new nuclear 
weapon. That has to be for future Congresses and future administrations 
to consider. What this bill does is try to remove firewalls which 
prevent us from even exploring whether a different kind of nuclear 
weapon can help make us safer. Those who advance this amendment say we 
do not even want to think about it, do not even consider the 
possibilities.
  It seems to me that if anyone is going to rush to judgment, as the 
gentlewoman from California said, it would be those who support this 
amendment, that say under no circumstances are we ever going to have 
any kind of nuclear deterrent, other than what we had during the Cold 
War.
  The challenge, Mr. Chairman, is that all we have now are nuclear 
weapons that were specifically designed to deal with Soviet Union 
targets, and there is a real question about whether a number of folks 
in the world would take that kind of nuclear deterrent seriously, 
whether we would ever use the kind of weapons the gentleman from 
Massachusetts was discussing on a much more limited, smaller kind of 
target.
  The point is not, hopefully, that we would ever use them. The 
question is people know we would never use these big weapons, and, 
therefore, they do not take our credibility seriously. That makes the 
world more dangerous.
  It is an interesting line of argument to say that we make the world 
safer when we tie our hands behind our back, that the problem is with 
the United States, and that if we would just set a good example, the 
Saddam Husseins and the Kim Jong Ils and even the Putins would fall 
right in line, that the United States is the problem.
  We have heard that line of argument before, and I would suggest that 
history has proven it wrong time and time again. The problem is not 
American strength. The problem is not the United States having 
additional options. We are not the problem. Peace comes when America is 
strong and when America has additional options. This bill gives us the 
ability to at least start to explore those options, and this amendment 
should be rejected.
  Mr. DICKS. Mr. Chairman, I rise in support of this amendment for two 
reasons. Conventional precision guided munitions are a better technical 
solution than the Robust Nuclear Earth Penetrator for hardened and 
deeply buried targets, and because the fallout, both figurative and 
literal, from the use of nuclear weapons will make the Robust Nuclear 
Earth Penetrator an expensive showpiece rather than a usable weapon. If 
we start this program it is more likely to be simply A BUST, rather 
than RO-BUST.
  I've had the opportunity to visit this Spring with the 509th Bomb 
Wing at Whiteman Air Force Base. The 509th operates the 21 B-2 bombers 
that constitute the most advanced and effective weapons in the United 
States military arsenal. These were the pilots who were assigned the 
mission in Iraq to attack the very kinds of targets we are discussing 
today, hardened and deeply buried targets. I can tell you that the 
509th today can attack, disable, and destroy, these targets. The 509th 
employs a penetrating version of the JDAM, as well as a 5000 lb. bunker 
buster. These weapons already beat the ground penetration capability of 
any nuclear weapon in our arsenal, and new capabilities will do even 
more. The B-2 will soon be able to employ the EGBU-28 bunker buster 
thanks to support in Congress to field this capability. And advanced 
research of binary warhead weapons and the use of conventional highly 
energetic materials will yield even more effective approaches for 
conventional alternatives.
  Indeed, the Tauscher amendment would add funding to three program 
elements of the Air Force and OSD R&D budgets which are working on just 
these conventional ground penetration approaches. I believe these 
conventional capabilities offer technical solutions not just equal to, 
but superior to those offered by even so-called ``low-yield'' nuclear 
approaches.
  Vote for the Tauscher amendment and support the development of 
weapons our military can really use.
  The CHAIRMAN pro tempore (Mr. Ose). All time has expired.
  The question is on the amendment offered by the gentlewoman from 
California (Mrs. Tauscher).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mrs. TAUSCHER. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from California 
(Mrs. Tauscher) will be postponed.
  It is now in order to consider Amendment No. 5 printed in House 
Report 108-120.


                 Amendment No. 5 Offered by Mr. Hoeffel

  Mr. HOEFFEL. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Hoeffel:
       At the end of title X (page 333, after line 21), insert the 
     following new section:

     SEC. __. REPORT CONCERNING STRATEGIC NUCLEAR WARHEADS 
                   DISMANTLED PURSUANT TO THE TREATY BETWEEN THE 
                   UNITED STATES OF AMERICA AND THE RUSSIAN 
                   FEDERATION ON STRATEGIC OFFENSIVE REDUCTIONS.

       Not later than 60 days after the exchange of instruments of 
     ratification of the Treaty Between the United States of 
     America and the Russian Federation on Strategic Offensive 
     Reductions or 60 days after the date of the enactment of this 
     Act, whichever occurs last, and on February 15 of each 
     subsequent year, the President shall submit to Congress a 
     report concerning any strategic nuclear warheads dismantled 
     within the boundaries of the treaty during the preceding 
     calendar year and any such warheads to be dismantled in that 
     calendar year, pursuant to such treaty. During the one-year 
     period beginning on the date of the exchange of instruments 
     of ratification of such treaty, any such report shall not 
     include information concerning any dismantling of warheads 
     during the preceding calendar year.

  The CHAIRMAN pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Hoeffel) and a Member opposed each will be recognized 
for 5 minutes.
  Mr. EVERETT. Mr. Chairman, I claim the time in opposition to the 
amendment, but I will not oppose the amendment. We will accept the 
gentleman's amendment.
  The CHAIRMAN pro tempore. Without objection, the gentleman from 
Alabama (Mr. Everett) will be recognized for 5 minutes.
  There was no objection.
  The CHAIRMAN pro tempore. The gentleman from Pennsylvania (Mr. 
Hoeffel) is recognized.
  Mr. HOEFFEL. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise to offer this amendment to require the President 
to make an annual report to Congress and to the American people on the 
number of nuclear warheads that are dismantled each year by either the 
Americans

[[Page 12578]]

or by the Russians under the terms of the Moscow Treaty.
  Mr. Chairman, one of the most pressing issues we face is the question 
of nuclear nonproliferation. A year ago, Presidents Bush and Putin 
signed the Moscow Treaty, the Treaty on Strategic Defensive Reductions. 
It is a good treaty and is good for this country. It is only three 
pages long, however, quite a change from the 900-page START treaties of 
prior negotiations.
  It does not establish a timetable for implementation. It lacks 
verification. But the most striking change that I think we need to 
address is that there is no requirement that the warheads that are 
reduced from the 5,000 or 6,000 that each side currently possesses down 
to 1,700 or 2,000, there is no requirement that those warheads be 
dismantled. They could be retired, put into a closet someplace and 
brought back on a moment's notice.
  I think it is in the best interests of this country that those 
warheads be dismantled and that the President make an annual report to 
the Congress on how many of those warheads are being dismantled, both 
by this country and by the other side, so that Congress can, through 
that mechanism, verify the progress and verify that the disarmament is 
occurring.
  Mr. Chairman, I reserve the balance of my time.
  Mr. EVERETT. Mr. Chairman, I reserve my time.
  Mr. HOEFFEL. Mr. Chairman, I yield 1 minute to the gentleman from 
Massachusetts (Mr. Markey), a leader in nonproliferation issues.
  Mr. MARKEY. Mr. Chairman, I would like to use that 1 minute to 
compliment the gentleman from Pennsylvania (Mr. Hoeffel) for his 
amendment and the gentleman from Alabama (Mr. Everett), because we 
clearly have a meeting of the minds here that there should be an 
ongoing accounting of what is going on in the area of dismantling of 
these weapons in the former Soviet Union.
  The gentleman from Pennsylvania (Mr. Hoeffel) I think has put his 
finger on a very real defect that exists in the current system. By 
ensuring that there will be an accounting scheme that is put into 
place, I think that we are going to be able to much more quickly 
advance the goal of nuclear nonproliferation.
  I thank the gentleman for making his very important amendment.
  Mr. HOEFFEL. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I would like to thank the gentleman for his kind 
comments and simply close by in turn thanking the gentleman from 
Alabama (Mr. Everett) and the majority side and majority staff for 
their cooperation on this amendment and for their cooperation on this 
issue. I am glad that there is bipartisan agreement, and I salute the 
gentleman from Alabama (Mr. Everett) and thank him for his cooperation.
  Mr. Chairman, I yield back the balance of my time.
  Mr. EVERETT. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I would just simply point out, as the gentleman from 
Pennsylvania recognized in his statement, that the treaty does not 
require this actual dismantling to take place, only that they are 
removed from deployment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from Pennsylvania (Mr. Hoeffel).
  The amendment was agreed to.
  The CHAIRMAN pro tempore. It is now in order to consider Amendment 
No. 6 printed in House Report 108-120.


                  Amendment No. 6 Offered by Mr. Goss

  Mr. GOSS. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 6 offered by Mr. Goss:
       At the end of title XII (page 384, after line 3), insert 
     the following new section:

     SEC. __. REPORT ON ACTIONS THAT COULD BE TAKEN REGARDING 
                   COUNTRIES THAT INITIATE CERTAIN LEGAL ACTIONS 
                   AGAINST UNITED STATES OFFICIALS.

       (a) Finding.--Congress finds that actions for or on behalf 
     of a foreign government that constitute attempts to commence 
     legal proceedings against, or attempts to compel the 
     appearance of or production of documents from, any current or 
     former official or employee of the United States or member of 
     the Armed Forces of the United States relating to the 
     performance of official duties constitutes a threat to the 
     ability of the United States to take necessary and timely 
     military action.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report on appropriate steps that could be taken 
     by the Department of Defense (including restrictions on 
     military travel and limitations on military support and 
     exchange programs) to respond to any action by a foreign 
     government described in subsection (a).

  The CHAIRMAN pro tempore. Pursuant House Resolution 245, the 
gentleman from Florida (Mr. Goss) and a Member opposed each will 
control 10 minutes.
  The CHAIRMAN pro tempore. Does any Member seek the time in 
opposition?
  Mr. SKELTON. Mr. Chairman, I claim the time in opposition. As far as 
I know, there is no opposition.
  The CHAIRMAN pro tempore. Without objection, the gentleman from 
Missouri is recognized for 10 minutes.
  There was no objection.
  The CHAIRMAN pro tempore. The Chair recognizes the gentleman from 
Florida (Mr. Goss).
  Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, we are living in a world that we all know has been 
transformed very dramatically by the threat of rogue states, terrorist 
organizations, and Lord knows we are definitely aware of it today.
  There are new costs involved in everyday life and new cautions we 
must heed to keep Americans safe. This is the reality of life today.
  One thing that must remain constant is our ability to ensure that our 
soldiers, our diplomats, our public officials, no matter whether they 
are in uniform or not, no matter where they are located, they must 
serve under the honorable and meaningful protection of the flag of the 
United States of America.
  This protection is currently threatened by any country that allows 
U.S. citizens to be tried for alleged war crimes and alleged crimes 
against humanity. These cases, coming under the so-called concept of 
``universal jurisdiction,'' are cases that are usually filed in support 
of radical anti-Americanism for strictly political reasons that can 
create, unfortunately, serious obstacles for our officials to go about 
the conduct of their proper official business overseas.
  From the perspective of our national security, the United States 
cannot afford to have our military commanders hindered while 
accomplishing the actions we ask of them necessary to ensure the safety 
of Americans. For example, our General Tommy Franks, of whom we are so 
proud, commander of our military forces in Iraq, has now a ridiculous 
lawsuit filed against him that alleges violations of international law.
  Should the Belgium court system, where this case is filed, decide to 
try this case, General Franks risks being unable to travel to Brussels, 
the location of NATO headquarters, due to the threat of prosecution.
  This amendment calls for a quick study by DOD to report to Congress 
on appropriate actions that could be taken when any country provides 
for and encourages extralegal actions against United States officials 
doing their proper business under some type of so-called ``universal 
jurisdiction.''
  We are not about to compromise our sovereignty, especially for our 
fighting forces protecting our freedoms on the battlefields overseas, 
nor should we tolerate or award the abuse of other nations' judicial 
systems in order to create obstacles for our troops and officials. 
American officials safeguarding our liberties on foreign soil must know 
that they can count on the rights that we as American citizens hold 
dear to be able to accomplish what we are asking them to undertake.
  This would seem to be a frivolous matter, except it has been picked 
up by

[[Page 12579]]

the press around the world and is becoming somewhat of a celebrated 
case.
  I now am going to quote from BBC news that says, ``The action against 
General Franks is likely to be a test of recent revisions to the law in 
Brussels following high-profile cases brought against the Israeli Prime 
Minister Ariel Sharon and the former U.S. President George Bush, Sr.''
  BBC goes on to say that the plaintiff in the case, the lawyer who is 
running for political office, I would point out, has told reporters, 
``General Franks is responsible as commander-in-chief for the way some 
of his men acted on the ground. For instance, the use of cluster bombs 
on civilian areas is a war crime.''
  I think that everybody would agree with that, but there is no proof. 
It is an allegation, and, of course, it is an outrage, because General 
Franks did no such thing.
  The quote goes on to say that the suit also names Marine Lt. Colonel 
Brian McCoy, who is accused of categorizing the ambulances as 
legitimate targets because he suspected them of harboring gunmen, so 
said, I guess, AFP, in this case Agency French Press.

                              {time}  1845

  When we start taking a look at the notoriety that these allegations 
are bringing to our honorable men and women in uniform overseas, we can 
see that we are beginning to have a problem.
  Going back further to how this happened, we look to some of the 
press, and I am now quoting from the Seattle Press Intelligencer: ``In 
response to a global groundswell of demand discernible only to the 
Belgians, the Belgians awarded themselves the power to try anyone for 
war crimes committed anywhere.'' That is what we are confronting. 
``Franks is charged with the bombing of civilians, indiscriminate 
shooting by U.S. troops, and the failure to stop looting. McCoy is 
charged with ordering troops to fire on ambulances.''
  These are charges that are being waved about, as I say, in the press, 
both at home and internationally, without any kind of responsible 
person standing up and saying that this is hogwash and absurd; and it 
is time that happened. I think the best way to do it is this amendment.
  Mr. SKELTON. Mr. Chairman, will the gentleman yield?
  Mr. GOSS. I yield to the gentleman from Missouri.
  Mr. SKELTON. Mr. Chairman, I would say to the gentleman from Florida, 
we have examined the amendment. I find no objection to it. As far as I 
know, there is no opposition to it.
  Mr. GOSS. I thank the distinguished gentleman. I would certainly hope 
there is support for it.
  Mr. HUNTER. Mr. Chairman, will the gentleman yield?
  Mr. GOSS. I yield to the gentleman from California.
  Mr. HUNTER. Mr. Chairman, let me say that I am so glad that the 
distinguished chairman of the Permanent Select Committee on 
Intelligence has brought this amendment, because this goes to the very 
heart of the purpose of our operation in Iraq, the honor with which we 
conducted this operation, the integrity of our leadership, and what I 
would call perhaps a backbiting response from certain elements in the 
international community, and, lastly, an appropriate response from the 
United States, which is suggested by the gentleman.
  So I think that the gentleman's amendment is right on point, and I 
will work with my partner, the gentleman from Missouri (Mr. Skelton), 
to see to it that this amendment becomes law.
  Mr. GOSS. Reclaiming my time, Mr. Chairman, I am most thankful to the 
distinguished chairman of the committee for that statement. I would 
advise Members that I think this is an issue that most Members would 
like to be heard on, so while I am relatively certain we could win this 
vote now tonight, I am going to ask for a recorded vote tomorrow when 
the appropriate moment comes.
  Mr. Chairman, I yield back the balance of my time.
  Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore (Mr. Ose). The question is on the amendment 
offered by the gentleman from Florida (Mr. Goss).
  The question was taken; and the Chairman pro tempore announced that 
the ayes appeared to have it.
  Mr. GOSS. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Florida (Mr. 
Goss) will be postponed.
  It is now in order to consider amendment No. 7 printed in House 
Report 108-120.


                  Amendment No. 7 Offered by Mr. Goss

  Mr. GOSS. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 7 offered by Mr. Goss:
       At the end of title XII (page 384, after line 3), insert 
     the following new section:

     SEC. __. ASSESSMENT AND REPORT CONCERNING THE LOCATION OF 
                   NATO HEADQUARTERS.

       (a) Assessment.--The Secretary of Defense shall conduct a 
     full and complete assessment of costs to the United States 
     associated with the location of the headquarters of the North 
     Atlantic Treaty Organization (NATO) in Brussels, Belgium, and 
     the costs and benefits of relocating that headquarters to a 
     suitable location in another NATO member country, including 
     those nations invited to join NATO at the Prague summit in 
     2002. The Secretary shall conduct such assessment in 
     consultation with the Secretary of State.
       (b) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report of the findings of the 
     assessment under subsection (a).

  The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the 
gentleman from Florida (Mr. Goss) and a Member opposed each will 
control 10 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Goss).
  Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, we all understand the geopolitical climate has changed 
tremendously in the last couple of years. Ruthless dictatorships have 
come and gone, democratic nations have continued to thrive, and many 
challenges continue to confront us.
  Many challenges have been met by the United States with the help of 
steadfast allies in coalitions and steadfast allies in NATO. As the 
global evolution continues, it is prudent to pose some topical 
questions, particularly as we are doing this defense authorization 
bill.
  One of those topical questions should be, is NATO now headquartered 
in the correct place? Is it located in a centralized area both 
conducive and friendly to all members of NATO?
  It is the responsibility of Congress to conduct necessary oversight 
in this matter. NATO is expanding its membership to include seven 
countries from Eastern and Central Europe. This, of course, is in 
addition to the inclusions of Poland, Hungary, and the Czech Republic a 
few years ago. I would say that Members of this body have been very 
instrumental in assisting for the growth and enlargement of NATO to 
become an even more meaningful organization doing even more meaningful 
things today.
  I think all of this reflects the burgeoning wave of democracy and 
freedom that is actually sweeping through that region. Those folks are 
looking to us for leadership and assistance in their defense, and NATO 
understands this trend. So the question arises, would a more 
centralized location of NATO headquarters enhance NATO's effectiveness?
  NATO's mission is also adapting to the current geopolitical 
conditions. NATO is in fact a peacekeeper. Its capabilities are a great 
asset to us and to others, and a more centralized headquarters might 
indeed facilitate the shifting tasks that NATO is undertaking.
  Let me be clear: NATO is a vital, integral component of our global 
security system. It must continue to function with strength and 
effectiveness in this century. I am a very big proponent of NATO. I am 
a member of the House NATO Parliamentarians Group. I have

[[Page 12580]]

been many, many times to those meetings across the pond.
  Our group is masterfully led by our colleague, the gentleman from 
Nebraska (Mr. Bereuter). It is bipartisan. It is a wonderful reflection 
of the United States of America and the working relationship with our 
allies on important and, in fact, critical national security problems; 
and it is carried out brilliantly through the NATO parliamentarians 
organization, of which the gentleman from Nebraska (Mr. Bereuter) is 
currently the president.
  So this is not about NATO; it is about the best location for NATO 
under the circumstances of the time. This amendment simply calls for a 
study by DOD of the costs associated with the current location of 
NATO's headquarters and the potential costs and benefits of relocating 
the headquarters to another location in Europe.
  This study should reflect the geopolitical realities that exist 
today, including especially the need to economize on our military 
overhead and our military and administrative costs, and reduce those 
where possible, and, of course, get rid of as much red tape as is 
possible.
  So there are a bunch of reasons to talk about centralizing NATO 
headquarters, with the encouragement of stability and democratic 
government in Eastern Europe not the least among them.
  There is also, of course, the matter of the ``universal 
jurisdiction'' law problem in Belgium that we have recently spoken 
about that has an unnecessarily chilling impact on military 
hospitality. I am sorry to say that.
  I note that even General Myers has gotten up, and I would quote from 
the Chicago Sun-Times: ``General Richard Myers, chief of the U.S. 
General Staff, intervened in the argument with Belgium,'' it has gotten 
to that level, ``after American officials expressed fears that the 
Belgian war crimes laws would expose NATO officers to the risk of 
arrest.'' This is a serious problem, and, of course, totally 
unnecessary.
  I think the question we should ask that the chairman of the committee 
and I have talked about is are we getting the best bang for the buck 
from Brussels? I think that it is time for DOD to take a look at that. 
Remember, NATO was supposed to start in Paris. It did not fit in Paris, 
so it ended up in Brussels. Maybe it does not fit in Brussels today and 
it should end up somewhere else. This is what this is about.
  Mr. HUNTER. Mr. Chairman, will the gentleman yield?
  Mr. GOSS. I yield to the gentleman from California.
  Mr. HUNTER. Mr. Chairman, I appreciate the gentleman bringing this 
amendment to the floor. I think his question is right on point: Are we 
getting the best bang for the buck in Brussels? We are getting 
something in Brussels, but it is not effective leadership. I think he 
has asked a question that has to be answered.
  In fact, I have an amendment coming up here shortly that asks the 
President to evaluate our total footprint in Europe with an eye towards 
perhaps replacing that footprint.
  I have been looking at some of the cost of living and also the 
hospitality of other nations. One of those new nations is a nation that 
helped the United States in Iraq, Poland. Poland has a cost of living 
that is much lower than that in Brussels, so presumably our people, 
uniformed and nonuniformed, who live there will be able to live better 
on military pay than they do in Brussels. It would not be bad, I think, 
for military folks to be in an environment, which they would be in 
Poland, with a nation that has just stood side by side with us on a 
battlefield in the world.
  There are no words as eloquent as actions. The actions of that force, 
and it was not a big force, but it was about 200 special operators that 
participated in Iraq, impressed me greatly and I think would impress 
the President.
  The other aspect of this, since the gentleman has opened this debate 
and this issue, is I am going to bring up the fact in my amendment that 
we have 72,400 American uniformed personnel in Germany. We did an 
entire hearing on this footprint. There is nobody on the other side of 
the Fulda Gap with a tank. In the old days, there were dozens of 
divisions of Warsaw Pact military units on the other side of the Fulda 
Gap. That is why we had a heavy military presence in Germany. That 
presence is not there now.
  So this is a second question, but not totally unlike the question the 
gentleman is asking, because whereas we might want to move out of 
Brussels for altogether different purposes than moving out of Germany, 
the receptivity of other nations at alternate sites is a major issue 
with both amendments.
  Once again, we are putting some money in the bill for doing some 
preliminary military work, things like runways and things like that, in 
Poland and Bulgaria and Romania, three of the nations from what Don 
Rumsfeld called, maybe with justification, the new Europe.
  I want to thank the gentleman for his contribution. Let me tell the 
gentleman, I would certainly, and I want to hear what my ranking member 
has to say, because he is such an expert in these areas, but I think 
this is an excellent amendment.
  Mr. GOSS. I thank the distinguished gentleman.
  Mr. SKELTON. Mr. Chairman, will the gentleman yield?
  Mr. GOSS. I yield to the gentleman from Missouri.
  Mr. SKELTON. Mr. Chairman, I think, frankly, this is a good 
amendment, for two reasons.
  The first is it calls for an assessment by the Secretary of Defense, 
in consultation with the Secretary of State, because this is a 
diplomatic as well as a military organization.
  Secondly, it would be up to the North Atlantic Treaty Organization to 
make any final decision, but information such as cost that this 
amendment is aimed at I think is good information. So I find myself in 
agreement with it.
  Mr. GOSS. Mr. Chairman, I want to thank both distinguished leaders of 
the very important Committee on Armed Services for their support and 
understanding of these amendments.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from Florida (Mr. Goss).
  The amendment was agreed to.
  The CHAIRMAN pro tempore. It is now in order to consider amendment 
No. 8 printed in House Report 108-120.


                 Amendment No. 8 Offered by Mr. Saxton

  Mr. SAXTON. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 8 offered by Mr. Saxton:
       At the end of subtitle B of title V (page 91, after line 
     16), insert the following new section:

     SEC. 514. REPEAL OF REQUIRED GRADE OF DEFENSE ATTACHE IN 
                   FRANCE.

       (a) In General.--Section 714 of title 10, United States 
     Code, is repealed.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 41 of such title is amended by striking 
     the item relating to section 714.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the 
gentleman from New Jersey (Mr. Saxton) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
  Mr. SAXTON. Mr. Chairman, I yield myself such time as I may consume.
  This amendment will repeal the statutory requirement that an officer 
in our Armed Forces, in order to be selected for assignment as the 
Defense Attache to France, must hold the rank of brigadier general, or, 
in the case of a Navy officer, rear admiral lower half.
  The Department of Defense included the repeal of this requirement as 
part of their budget request for fiscal year 2004, and there is no 
justification for continuing this statutory mandate, in my opinion.
  The adoption of this amendment will not prevent our military attache 
in Paris from being a brigadier general or a rear admiral; rather, it 
will only remove the requirement that they be of that rank. It will 
permit the Department of Defense greater flexibility in

[[Page 12581]]

making their decisions to assign officers to that position.
  Most importantly, adoption of this amendment will end the unnecessary 
requirement that our military attache to France be of a higher rank 
than our military attaches everywhere else in the world. The United 
States has 135 defense attache positions in our embassies around the 
world. Of those 135, only three, those of France, Russia, and China, 
are officers that hold the rank of brigadier general or rear admiral.
  Our attache to France is the only military attache whose rank is 
mandated by law in title 10. Accordingly, France is the exception to 
the rule. The requirement that our military attache to France be a 
brigadier general is not consistent with our military attaches to other 
nations.

                              {time}  1900

  Today I believe we all need to question whether it is appropriate to 
mandate that our military attache to France be of a higher rank than 
everywhere else in the world.
  Under President Jacques Chirac, France actively opposed the United 
States and our allies in the recent war with Iraq. The French 
government used all of its influence to prevent the removal of Saddam 
Hussein from power and hindered our efforts to enforce United Nations 
Security Council Resolutions that required the removal of weapons of 
mass destruction from his possession. By doing so, France failed to 
accept its responsibilities and deliberately acted counter to the 
national security interests of the United States. In NATO, France does 
not fully participate in the Organization's integrated military 
command, yet we require that our military attache to Paris be of a 
higher rank than all of our attaches in NATO member countries. We thus 
provide France with a status not in line with its NATO 
responsibilities.
  I find it entirely inappropriate that we have mandated that our 
military attache to France be a higher rank than military attaches to 
nations such as Great Britain, who never balked at fighting side by 
side with us in our war on terrorism.
  As the position of defense attache to France is now vacant, the 
repeal of the statute would have no impact on an incumbent, and this is 
the perfect opportunity to bring consistency to our military attache 
postings.
  Mr. Chairman, I urge support for this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I claim the time in opposition to this 
amendment.
  Mr. Chairman, I yield myself such time as I may consume.
  It not only makes the law consistent with the rest of the statutes 
regarding the qualifications for an attache which should have been done 
some time ago, I think it also sends a message to that country 
regarding recent activities insofar as expectations and friendship go. 
I must tell you how disappointed I am in that country regarding that. 
But, nevertheless, this does bring in line the law as it applies to all 
other attaches in all other countries, and I think it is an excellent 
amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. SAXTON. Mr. Chairman, I yield such time as he may consume to the 
gentleman from California (Mr. Hunter), the chairman of the full 
committee.
  Mr. HUNTER. Mr. Chairman, I want to add my commendations to the 
gentleman from New Jersey (Mr. Saxton), one of the absolute finest 
members of this great Committee on Armed Services and a guy who cares a 
lot about the fighting forces of the United States and also cares a lot 
about countries who stand with us in times of difficulty; and I think 
his amendment is right on point.
  I understand this amendment has a message beyond the message of 
conforming with similar situations in other countries around the world. 
There is perhaps a message to Paris here. I think it is an appropriate 
one as I add my commendation to the gentleman and I strongly support 
this amendment.
  Mr. SAXTON. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore (Mr. Ose). The question is on the amendment 
offered by the gentleman from New Jersey (Mr. Saxton).
  The question was taken; and the Chairman pro tempore announced that 
the ayes appeared to have it.
  Mr. SAXTON. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from New Jersey 
(Mr. Saxton) will be postponed.
  It is now in order to consider amendment No. 9 printed in House 
Report 108-120.


                 Amendment No. 9 Offered by Mr. Hunter

  Mr. HUNTER. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Mr. Hunter:
       At the end of title XII (page 384, after line 3), insert 
     the following new section:

     SEC. __. SENSE OF CONGRESS ON REDEPLOYMENT OF UNITED STATES 
                   FORCES IN EUROPE

       (a) Findings.--Congress makes the following findings:
       (1) In March 1999, in its initial round of expansion, the 
     North Atlantic Treaty Organization (NATO) admitted Poland, 
     the Czech Republic, and Hungary to the Alliance.
       (2) At the Prague Summit on November 21-22, 2002, the NATO 
     heads of state and government invited the countries of 
     Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and 
     Slovenia to join the Alliance.
       (3) The countries admitted in the initial round of 
     expansion referred to in paragraph (1) and the seven new 
     invitee nations referred to in paragraph (2) will in 
     combination significantly alter the nature of the Alliance.
       (4) During the first 50 years of the Alliance, NATO 
     materially contributed to the security and stability of 
     Western Europe, brining peace and prosperity to the member 
     nations.
       (5) The expansion of NATO is an opportunity to assist the 
     invitee nations in gaining the capabilities to ensure peace, 
     prosperity, and democracy for themselves during the next 50 
     years of the Alliance.
       (6) The military structure and mission of NATO has changed, 
     no longer being focused on the threat of a Soviet invasion, 
     but evolving to handle new missions in the area of crisis 
     management, peacekeeping, and peace-support in the Euro-
     Atlantic area of operations.
       (b) Sense of Congress.--In light of the findings in 
     subsection (a), it is the sense of Congress that--
       (1) the expansion of the North Atlantic Treaty Organization 
     Alliance and the evolution of the military mission of that 
     Alliance requires a fundamental reevaluation of the current 
     posture of United States forces stationed in Europe; and
       (2) the President should--
       (A) initiate a reevaluation referred to in paragraph (1); 
     and
       (B) in carrying out such a reevaluation, consider a 
     military posture that takes maximum advantage of basing and 
     training opportunities in the newly admitted and invitee 
     states referred to in paragraphs (1) and (2), respectively, 
     of subsection (a).

  The CHAIRMAN pro tempore. Pursuant to House Resolution 245, the 
gentleman from California (Mr. Hunter) and a Member opposed each will 
control 10 minutes.
  The Chair recognizes the gentleman from California (Mr. Hunter).
  Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise today to ask my colleagues to support this 
amendment.
  As we stand here, the strategic landscape facing the United States is 
a lot different than it was just a couple of years ago. After September 
11, 2001, we embarked on a global war on terrorism, and since that day 
we have engaged in two successful campaigns in Afghanistan and Iraq. In 
doing so, we removed one of the major contingencies that served as a 
basis for force planning during most of the 1990s.
  In the wake of these events, it is clear that we need to evaluate our 
military posture. Across the globe, and particularly in Europe, we 
remain deployed much as we were at the end of the Cold War and, in some 
instances, much the same as at the end of World War II. The time has 
come to adapt our global posture in order to meet the challenges of new 
era, not to meet those of an era gone by.
  Earlier this year, General Jones, the commanding general of U.S. 
European

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command, outlined his thoughts regarding the change of our nature and 
presence in Europe from a garrison force to what he called an 
expeditionary force. Under this concept, U.S. military units would 
rotate overseas on a periodic basis, rather than be permanently 
stationed in Europe. Our bases in Europe would become in General Jones' 
words ``lily pads,'' bases from which our forces would deploy to crisis 
areas around the world.
  Based on this idea, the committee held a hearing in February to 
explore this changing nature of our posture in NATO. It became clear 
that NATO will continue to change. No longer postured to defend Western 
Europe against the Soviet threat, NATO is evolving to a force that will 
undertake contingency operations both inside and outside Europe. At the 
same time, NATO's membership continues to grow and the admission of 
many former Warsaw Pact nations has moved the borders of the alliance 
further east and south. We have to recognize those changes within NATO 
and take appropriate action to ensure our contribution remains 
relevant.
  As a result of that hearing and General Jones' initiative, I offer 
this amendment today. It simply states it is the sense of Congress, in 
light of the changing nature of NATO and the strategic landscape 
worldwide, that the President should reevaluate our posture in Europe 
and take maximum advantage of any basing and training opportunities 
among NATO's newly joined and invitee states in Eastern Europe.
  I urge my colleagues to send a message to the administration and to 
our current and future NATO allies that we understand the changing 
nature of the alliance and stand in strong support of the alliance as 
it faces the challenges of the 21st century.
  Mr. Chairman, in the previous amendments we have talked about this a 
little. My partner on this committee, the ranking member, the 
distinguished gentleman from Missouri (Mr. Skelton), has some very 
eloquent and wise thoughts on this issue.
  We have had a hearing on our footprint in Germany, the 72,400 
uniformed personnel in Germany, about 55,000 of whom are Army 
personnel; and we have also looked at the fact that American personnel 
can live much less expensively in places like Poland.
  Mr. Chairman, from my own perspective, I will never forget that at a 
time when we had a dwindling list of allies who wanted to participate 
side by side with our young Americans who were laying their lives on 
the line in the Iraq conflicts, Poland sent a contingent of some 200 
special operators into that theater and served with us in battle. I 
think it would be very appropriate, in fact, this committee has seen 
fit to place some money for military expenditures, for some early 
preliminary work in Poland, Bulgaria and Romania; and I think that we 
should certainly look at this Europe, this new Europe that Secretary 
Rumsfeld talks about in terms of the changing requirements that we have 
and the resultant changing strategic posture of the United States in 
Europe.
  Mr. Chairman, I would offer this amendment. I look forward to 
comments from the gentleman from Missouri (Mr. Skelton).
  Mr. Chairman, I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I claim the time in opposition.
  Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I know of no opposition to the amendment. I personally 
endorse it and support it.
  Times have changed. Situations have changed. But I think one fact 
that is very important is the fact that NATO is an ongoing, successful 
organization, and it has recently expanded, and we should take 
advantage of that expansion and the friendship that is growing as a 
result of the new members of the North Atlantic Treaty Organization.
  This amendment requires a reevaluation of the current posture of 
American forces in Europe. It is designed only for the American forces, 
and it calls for a reevaluation.
  I think there are a number of things we could and should consider. To 
begin with, I think it is important for us to remember that stationing 
troops in Germany is a very positive thing and that we should not rush 
to judgment just to move troops from Germany. But having said that, I 
think it is a good idea to take a look at the eastern countries. 
Poland, our chairman mentioned, and to their great credit, side by 
side, they have their special forces there, theirs with ours, in Iraq. 
Consequently, I think we should take advantage of that new-found 
friendship and that new-found military cooperation with that country 
and, of course, others in the region that are new to the NATO 
organizations.
  Consider the entire picture, not being prejudiced one way or the 
other, but, A, take advantage of the new friends and those that are 
willing to help us; B, remember our old obligations and the admonitions 
of some that we should keep a strong footprint in Germany.
  With that, I fully agree with the chairman's amendment, and I intend 
to support it, and I thank him for offering it at this time.
  Mr. Chairman, I yield back the balance of my time.
  Mr. HUNTER. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from California (Mr. Hunter).
  The amendment was agreed to.
  The CHAIRMAN pro tempore. No further amendments being in order, under 
the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Everett) having assumed the chair, Mr. Ose, Chairman pro tempore of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 1588) to 
authorize appropriations for fiscal year 2004 for military activities 
of the Department of Defense, to prescribe military personnel strengths 
for fiscal year 2004, and for other purposes, had come to no resolution 
thereon.

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