[House Report 108-122]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-122

======================================================================



 
  PROVIDING FOR FURTHER CONSIDERATION OF H.R. 1588, NATIONAL DEFENSE 
                 AUTHORIZATION ACT FOR FISCAL YEAR 2004

                                _______
                                

May 21, 2003.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 247]

    The Committee on Rules, having had under consideration 
House Resolution 247, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for further consideration of H.R. 
1588, the National Defense Authorization Act For Fiscal Year 
2004. The rule makes in order only those amendments printed in 
this report and amendments en bloc described in section 2 of 
the resolution.
    The rule provides that amendments printed in this report 
shall be considered only in the order printed in this report 
(except as specified in section 3 of the resolution), may be 
offered only by a Member designated in this report, shall be 
considered as read and shall not be subject to a demand for 
division of the question in the House or in the Committee of 
the Whole.
    The rule provides that each amendment printed in this 
report shall be debatable for 10 minutes (unless otherwise 
specified in the report) equally divided and controlled by the 
proponent and an opponent and shall not be subject to amendment 
(except that the chairman and ranking minority member of the 
Committee on Armed Services each may offer one pro forma 
amendment for the purpose of further debate on any pending 
amendment). The rule waives all points of order against 
amendments printed in this report and those amendments en bloc 
as described in Section 2 of the resolution.
    The rule authorizes the chairman of the Committee on Armed 
Services or his designee to offer amendments en bloc consisting 
of amendments printed in this report, or germane modifications 
thereto, which shall be considered as read (except that 
modifications shall be reported), shall be debatable for 20 
minutes equally divided and controlled between the chairman and 
ranking minority member of the Committee on Armed Services or 
their designees, and shall not be subject to amendment or 
demand for a division of the question.
    The rule provides that, for the purposes of inclusion in 
such amendments en bloc, an amendment printed in the form of a 
motion to strike may be modified to the form of a germane 
perfecting amendment to the text originally proposed to be 
stricken, and that the original proponent of an amendment 
included in such amendments en bloc may insert a statement in 
the Congressional Record immediately before the disposition of 
the amendments en bloc.
    The rule allows the Chairman of the Committee of the Whole 
to recognize for consideration of any amendment printed in this 
report, out of the order printed, but not sooner than one hour 
after the chairman of the Armed Services Committee or his 
designee announces from the floor a request to that effect.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 80

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Spratt, which restores the President's requests for Cooperative 
Threat Reduction programs. Rescinds the transfer of $28.8 
million from chemical weapons destruction activities in Russia. 
Grants the Defense Department authority to spend up to $50 
million in prior year unobligated balanced on destruction of 
weapons of mass destruction outside the former Soviet Union. 
Establishes a reporting requirement to enhance Cooperative 
Threat Reduction program accountability to Congress.
    Results: Defeated 3 to 8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 81

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Frost, which changes three provisions of immigration law to 
make it easier for non-citizens serving in the U.S. Armed 
Forces to become naturalized citizens.
    Results: Defeated 3 to 8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 82

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the amendment offered 
by Representatives Maloney and Turner, which modifies Section 
1451 to require civilian executive agencies to comply with 
federal procurement processes and procedures when carrying out 
certain prototype projects.
    Results: Defeated 3 to 8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 83

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. Frost.
    Summary of motion: To not make in order the amendment 
offered by Representative Tom Davis of Virginia, which 
establishes the President's new Human Capital Performance Fund, 
to be administered by OPM, to enable agencies to reward their 
highest performing and most valuable employees. Limits human 
capital performance payment to an individual employee to 10 
percent of the employee's basic pay rate. Authorizes $500 
million for FY 04 and such sums as necessary in subsequent 
years.
    Results: Defeated 3 to 8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 84

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Allen, which transfers $466 million from certain long-range 
ballistic missile defense programs to the Iraqi Freedom Fund to 
promote stability and security in Iraq, and to secure Iraqi 
weapons of mass destruction. Allows the President to waive the 
transfer if he certifies that the overall potential long-range 
ballistic missile threat to the United States has not decreased 
as a result of the liberation of Iraq.
    Results: Defeated 3 to 8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 85

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Inslee, which requires that the Department of Energy, when 
disposing of low-level radioactive wastes in landfills, that 
such landfills be compliant with the Resources Conservation and 
Recovery Act. Allows for a waiver of the requirement upon 
consent of the State in which the wastes are dumped, the 
Environmental Protection Agency, and the Department of Energy.
    Results: Defeated 3 to 8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 86

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order the amendment and grant 
the appropriate waivers offered by Representative Lantos, which 
subject to appropriation, requires that the employing agency of 
a federal employee pay the employee the difference between his 
or her civilian and military salary. Also subject to 
appropriation, establishes a cost-sharing formula allowing 
State and local governments that decide to pay their Reservist 
employees the difference between their civilian and military 
salaries shall be able to petition the Secretary of Defense for 
a reimbursement of a portion of those costs.
    Results: Defeated 3 to 8.
    Vote by Members:
    Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Frost--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 87

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Markey, which modifies the Missile Defense Act of 1999 to limit 
deployment of a missile defense system until the President 
certifies that the system is technologically feasible; the 
system is effective against countermeasures; cost of the system 
will not deplete resources for other defense priorities; the 
system will not diminish overall national security; the system 
will not disrupt relations with our allies; the threat of a 
long-range missile attack has been demonstrated. The missile 
defense system could be deployed once a presidential 
certification has been made and a law has been enacted 
specifically authorizing such deployment. Results: Defeated 3 
to 8.
    Vote by Members:
    Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Frost--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 88

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order the amendment offered 
by Representative Rahall, which strikes limitation on 
Endangered Species Act (ESA) critical habitat designations 
unrelated to the Department of Defense. Prohibits designation 
of critical habitat on military lands under the ESA when 
Defense Department conservation plans for threatened and 
endangered species meet specified criteria. Clarifies that any 
impact on national security will be considered when designating 
critical habitat. Codifies the National Research Council's 2000 
definition of the term ``harassment'' under the Marine Mammal 
Protection Act (MMPA), but only as applicable to military 
activities. Provides for Defense Department national security 
exemptions from the MMPA if sought by the President during war 
or times of declared national emergencies. Strikes changes to 
MMPA ``incidental take'' standards. Strikes special exemption 
from ESA compliance at Fort Huachuca, Arizona.
    Results: Defeated 3 to 8.
    Vote by Members:
    Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Frost--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 89

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order the amendment offered 
by Representative Holt, which authorizes the Army, through its 
Communications and Electronics Research Development Center, 
within the Army Materiel Command to receive and retain funds as 
reimbursement from the New York Metropolitan Transportation 
Authority in order to provide rapid deployment of enhanced 
homeland security measures.
    Results: Defeated 3 to 8.
    Vote by Members:
    Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Frost--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 90

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Snyder, which Requires the Secretary of Defense to prescribe 
guidelines regarding standards of conduct for members of the 
Defense Policy Board and Defense Science Board. Guidelines 
would have to include conditions governing access to classified 
and confidential information and appropriate limitations of 
such information; guidelines regarding conflicting financial 
interest and recusal; and guidelines regarding the lobbying of 
Department of Defense officials and other contacts with Defense 
officials on matters in which the Board members may have a 
financial interest. Requires the Secretary of Defense to submit 
a copy of the guidelines to the appropriate Congressional 
committees.
    Results: Defeated 3 to 8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 91

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order the amendment offered 
by Representative Waxman, which ensures that no sole-source 
contract for more than $1 million entered into under the 
authority granted by Section 1441 and 1444 of the bill would be 
exempt from the Truth in Negotiations Act and Cost Accounting 
Standards.
    Results: Defeated 3 to 8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Frost--Yea; McGovern Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 92

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Linda Sanchez, which prohibits the Secretary of Defense from 
entering into contracts with corporate expatriates. Allows the 
Secretary to waive the prohibition when the Secretary 
determines that such a waiver is required in the interest of 
national security.
    Results: Defeated 3 to 8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 93

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Davis of California, which directs that, beginning in 2007, 
military pay raises shall be equal to civilian wage growth as 
measured by the Employment Cost Index, a rate generated by the 
U.S. Department of Labor. Allows the President to suspend the 
provision in times of serious national emergency or economic 
conditions.
    Results: Defeated 3 to 8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 94

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order the following 
amendments en bloc: Blumenauer No. 98; Bordallo No. 11; DeFazio 
No. 20; Hoeffel No. 8; Jackson-Lee No. 70; Jackson-Lee No. 71; 
Maloney No. 35; Nadler No. 41; Ryan of Ohio No. 81; Smith of 
Washington No. 88.
    Results: Defeated 3 to 8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 95

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Cooper, which states the sense of Congress that the Department 
of Defense needs some new flexibility to adapt to today's 
security and employment environment, but that in any new system 
fundamental employee rights must be protected in any new 
system. Lists fundamental employee rights to be protected. 
Requires the Defense Department to bargain in good faith and 
requires any national-level bargaining to be resolved by an 
impartial panel or other dispute resolution procedure. Adds 
additional protections to employees by strengthening any new 
appeals process.
    Results: Defeated 3 to 8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 96

    Date: May 21, 2003.
    Measure: H.R. 1588--National Defense Authorization Act for 
Fiscal Year 2004.
    Motion by: Mr. Frost.
    Summary of motion: To not make in order the amendment 
offered by Representative Hunter, which provides an additional 
$100.0 million for the Secretary of the Army to field increased 
lethality and sustainment capabilities to the fourth Stryker 
brigade. Provides $3.0 million for evaluation of commercially 
available medical diagnostic technology for potential use in 
DOD medical treatment facilities. Provides $4.0 million for 
development of lightweight cartridge cases for ammunition. 
Provides $6.5 million to improve the effectiveness and reduce 
the cost of Navy carrier launch and recovery operations. 
Provides $1.4 million to improve the accuracy and reduce the 
workload of preventive maintenance operations on Navy aircraft 
carrier launch and recovery operations. Provides $5.0 million 
for development and demonstration of the SPIKE lightweight, low 
cost missile system for use in urban combat operations. 
Provides $3.3 million for hydrographic sciences research. 
Provides $5.0 million for an at sea demonstration of a variant 
of the F-22 electronic warfare product improvement program. 
Provides $4.0 million for development of general-purpose 
reconfigurable signal processors suitable for time critical 
sensor processing for broad military intelligence, 
surveillance, and reconnaissance applications. Provides $2.0 
million for evaluation of new technology for detection and 
cueing of specific elements or compounds that would indicate 
the presence of a nuclear, biological, chemical, or 
radiological agent. Provides $5 million for continuing applied 
research on an antidote for mustard gas. Provides $1.1 million 
for development of technology for accurately tracing portable, 
sensitive items that might be exported outside the United 
States. Reduction of $135.5 million from Air Force operation 
and maintenance funds to offset expenditures in sections 112, 
203, and 304 above. Provides a clarification of the Hatch Act. 
Marine Mammal Act--a technical amendment to limit new standard 
for permitting authority under MMPA to ``military readiness 
activity.'' Provides for amendments to certain government wide 
procurement authorities for defense against terror to clarify 
them and make them permanent. Provides authority for the 
Secretary of the Army to convey land at Fort Belvoir, Virginia.
    Results: Defeated 3 to 8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

           SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

   (Summaries of amendments derived from information provided by the 
                               sponsor.)

    1. Kline: Grants the Secretary of Education specific wavier 
authority within Title IV of the Higher Education Act to 
provide relief to those affected by the recent military 
mobilization and any unforeseen issues that may arise. Waivers 
granted by the Secretary may allow for reservists leaving their 
job may be relieved from student loan payments for a time, 
borrowers may be relieved from receiving collection calls from 
lenders, and consecutive service requirements for loan 
forgiveness programs may be considered uninterrupted. Provides 
the Secretary with the authority to implement waivers deemed 
necessary and not yet contemplated. Expires on September 30, 
2005. Requires the Secretary of Education to report to Congress 
on the impact of the waivers implemented as a result of this 
amendment.
    2. Brown (SC): Expands the Department of Defense Excess 
Personal Property Disposal Program to include health agencies 
in addition to law enforcement and firefighting agencies. The 
transfer could only take place if the property was excess to 
the needs of the Defense Department and suitable for use in 
providing fire and emergency medical services or in responding 
to health or environmental emergencies.
    3. Ackerman: Encourages the Department of Defense and the 
Navy to engage with the government of Israel and the Israel 
Defense Forces to establish appropriate and effective 
arrangements to ensure the safety of U.S. Navy vessels and 
personnel, and subsequently, to resume regular port visits to 
Haifa, Israel, by the U.S. Sixth Fleet.
    4. Davis, Tom: Establishes the President's new Human 
Capital Performance Fund, to be administered by OPM, to enable 
agencies to reward their highest performing and most valuable 
employees. Limits human capital performance payment to an 
individual employee to 10% of the employee's basic pay rate. 
Authorizes $500 million for FY 04 and such sums as necessary in 
subsequent years.
    5. Hefley/Gallegly: Establishes a 2-year pilot program to 
improve the use of Air Force Reserve and Air National Guard 
Modular Airborne Fire-Fighting Systems to fight wildfires by 
waiving the Economy Act of 1934, which requires federal 
firefighters to exhaust all private and commercial sources of 
materiel before they can access military equipment or personnel 
for use in fighting forest wildfires, for 2 years.
    6. Dreier/Lofgren: Specifies that 120 days after enactment 
of the underlying act, MTOPS regulations are repealed. 
Specifies that during that 120 day period, and before 
implementing any new regulations relating to an export 
administration system for high-performance computers, the 
President shall consult with the relevant Congressional 
committees. (20 Minutes)
    7. Lantos: Strikes the repeal of a reporting requirement 
contained in section 656 of the Foreign Assistance Act of 1961. 
The section 656 report, filed jointly by the Secretaries of 
State and Defense, provides information regarding U.S. foreign 
military training programs abroad. This provision is within the 
jurisdiction of the Committee on International Relations was 
addressed in the recently reported Foreign Relations 
Authorization Act, Fiscal Years 2004 and 2005 and was addressed 
in the Foreign Relations Authorization Act, Fiscal Year 2003.
    8. Jackson-Lee: Directs the Secretary of Defense to 
commission a study on the use of small businesses, minority-
owned businesses, and women-owned businesses in the efforts to 
rebuild Iraq.
    9. Hastings (FL): Strikes the repeal of certain Department 
of Defense reporting requirements in Title 10, U.S.C., on the 
President's objectives when armed forces are deployed, on costs 
of military operations, and on the management of the civilian 
workforce.
    10. Woolsey/Leach/Platts: Expresses the sense of Congress 
that the Secretary of Defense should maintain the functions and 
missions of the Army Peacekeeping Institute at the Army War 
College or within a joint entity of the Department of Defense 
to ensure that members of the Armed Forces continue to study 
the strategic challenges and uses of peacekeeping missions and 
to prepare the Armed Forces.
    11. Weldon (PA): Declares it to be U.S. policy to seek to 
cooperate with Russia and the independent states of the former 
Soviet Union in order to effect as quickly as is reasonably 
practical basic security measures at all their nuclear weapons 
and materials storage facilities. Requires the National Academy 
of Sciences will carry out an analysis of the effect on threat 
reduction and non-proliferation programs of applicable 
congressional oversight. Requires a report from the Secretary 
of Energy on the use of funds appropriated for threat reduction 
and non-proliferation programs in Russia and the former Soviet 
Union. Requires the President to prepare and submit a plan to 
secure and destroy all chemical and biological weapons, and the 
chemical and biological materials designed for use in such 
weapons that are located in Russia and the former Soviet Union. 
Declares it to be U.S. policy to seek to work with Russia to 
create comprehensive inventories of weapons-grade materials and 
assembled warheads, with particular attention paid to tactical 
or ``non-strategic'' warheads and weapons that are no longer 
operationally deployed. Establishes a Duma-Congressnuclear 
threat reduction working group to explore ways to enhance cooperation 
in terms of nuclear non-proliferation and security. The Membership will 
include 10 Senators and 30 Representatives. Declares it to be U.S. 
policy for the U.S. to work with NATO to enter into appropriate 
cooperative relationships with Russia in development and deployment of 
theater-level ballistic missile defenses. Declares it to be U.S. policy 
to encourage joint efforts by the U.S. and Russia to reduce the chances 
of a Russian nuclear attack anywhere in the world as a result of 
misinformation or miscalculation by further development of the 
RussiaAmerican Observation Satellite (RAMOS) program. Creates a 
cooperative venture known as the Teller-Kurchatov Alliance for Peace to 
develop and promote peaceful, safe and environmentally sensitive uses 
of nuclear strategy. Creates the Teller-Kurchatov 2 year non-
proliferation fellowship for scientists employed at the Kurchatov 
Institute and Lawrence Livermore National Laboratory. States that the 
U.S. should seek to initiate discussions between the International 
Atomic Energy Agency and the Organization for Economic Cooperation and 
Development for the purpose of exploring issues of nuclear and 
radiological security and safety. (Late)
    12. Rogers, Mike (MI): Requires the Department of Defense 
to assist, to the maximum extent practicable, provide all 
necessary support in an expeditious manner to assist Iraqi 
children who were injured during Operation Iraqi Freedom. 
Assistance may only be provided if adequate treatment from 
other sources in Iraq or neighboring countries is not available 
and only after completion of an evaluation by a physician or 
other appropriate medical personnel of the U.S. Armed Forces.
    13. Upton: Authorizes the Secretary of Defense to pay 
imminent danger pay to military service members responding to 
terrorist attacks on the United States when there is an 
immediate threat of physical harm or imminent danger as a 
direct result or residual effects of the attack or potential 
secondary attacks.
    14. Vitter: Under the Maritime Security Program, allows 
existing vessels to be documented under United States flag 
provided that the telecommunications and other electronic 
equipment of such vessels meets internationally accepted 
standards. Currently, the Federal Communications Commission 
(FCC) requires that all such equipment be type-approved by the 
FCC, a regulation that does not apply to foreign flag vessels 
in U.S. waters. This amendment would remove that requirement.
    15. Hunter: Provides an additional $100.0 million for the 
Secretary of the Army to field increased lethality and 
sustainment capabilities to the fourth Stryker brigade. 
Provides $3.0 million for evaluation of commercially available 
medical diagnostic technology for potential use in DOD medical 
treatment facilities. Provides $4.0 million for development of 
lightweight cartridge cases for ammunition. Provides $6.5 
million to improve the effectiveness and reduce the cost of 
Navy carrier launch and recovery operations. Provides $1.4 
million to improve the accuracy and reduce the workload of 
preventive maintenance operations on Navy aircraft carrier 
launch and recovery operations. Provides $5.0 million for 
development and demonstration of the SPIKE lightweight, low 
cost missile system for use in urban combat operations. 
Provides $3.3 million for hydrographic sciences research. 
Provides $5.0 mil for an at sea demonstration of a variant of 
the F 22 electronic warfare product improvement program. 
Provides $4.0 million for development of general-purpose 
reconfigurable signal processors suitable for time critical 
sensor processing for broad military intelligence, 
surveillance, and reconnaissance applications. Provides $2.0 
million for evaluation new technology for detection and cueing 
of specific elements or compounds would indicate the presence 
of a nuclear, biological, chemical, radiological agent. 
Provides $5 million for continuing applied research on an 
antidote for mustard gas. Provides $1.1 million development of 
technology for accurately tracing portable, sensitive items 
that might be exported outside the United States. Reduction of 
$135.5 million from Air Force operation and maintenance funds 
to offset expenditures in sections 112, 203, and 304 above. 
Provides a clarification of the Hatch Act. Marine Mammal Act--a 
technical amendment to limit new standard for permitting 
authority under MMPA to ``military readiness activity.'' 
Provides for amendments to certain government wide procurement 
authorities for defense against terror to clarify them and make 
them permanent. Provides authority for Secretary of the Army to 
convey land at Fort Belvoir, Virginia.
    16. Simmons: Requires a report from the Secretary of 
Defense on the granting (or renewal) of security clearances for 
Department of Defense personnel and defense contractor 
personnel. The assessment shall review the effects of the 
disqualification factors and shall include such recommendations 
for legislation or administrative steps as the Secretary 
considers necessary.
    17. Tierney: Expands the scope of the Assessment of United 
States Defense Industrial Base Capabilities to include the 
business rationale for transferring the contracted work 
overseas, and the percentage of the total contract award that 
is to be performed outside the country. Requires the Secretary 
to make recommendations as to how the U.S. Defense Industrial 
Base Capabilities can be strengthened.
    18. Nadler: Requires the Secretary of Defense to submit a 
study to Congress examining the costs and benefits of 
purchasing all the ex-Soviet weaponsgrade uranium and plutonium 
in fiscal year 2005, and safeguarding it from smuggling or 
theft until can be rendered unusable for weapons.
    19. Porter: Requires the Secretary of Defense to conduct a 
study and review of the effects of perchlorate in drinking 
water on human beings.
    20. LoBiondo: Requires the Department of Defense to report 
to Congress on Military Construction requirements, both inside 
and outside of the Five Year Defense Plan, necessary to support 
homeland defense missions of the U.S. military.
    21. Kaptur: Requires the Secretary of Defense to collect 
data in order to identify all contractors and subcontractors 
that use machine tools in carrying out any defense contract 
$5,000,000 or greater. Requires the Secretary of Defense to 
establish a center to provide technical assistance to machine 
tool companies in the United States, and entities that use 
machine tools, to seek guidance with respect to government 
contracting regulations, including compliance procedures, and 
opportunities for contracting with the Department of Defense.
    22. Kaptur: Specifies that when, under Section 2 of the Buy 
American Act, whether application of that Act is inconsistent 
with the public interest, the Secretary of Defense shall not 
consider the provisions of any trade agreement between the 
United States and a foreign country that is in effect at the 
time of the determination.
    23. Turner (OH)/Ryan (OH): Directs the Secretary of Defense 
to assist the United States Air and Trade Show, Incorporated to 
study with that organization the feasibility of establishing a 
United States international air and trade show. Authorizes the 
Secretary to spend up to $1 million in matching funds to 
conduct and implement recommendations derived from the 
feasibility study.
    24. Kingston: Specifies that if a military installation to 
be closed includes a road used for public access that the 
required consultation includes a discussion of measures to 
ensure the continued availability of the road for public use 
after the installation is closed or placed in an inactive 
status.
    25. Hobson: Requires that Department of Defense purchases 
subject to the Buy American Act be at least 65 percent domestic 
content, instead of the current 50 percent.
    26. Hoeffel: Expresses the sense of Congress that the 
Secretary of the Army should demolish the Tacony Warehouse in 
accordance with the fiscal year 2001 Department of Defense 
Appropriations Act.
    27. Hostettler: Clarifies that the domestic source 
limitation in Section 821 of H.R. 1588 would only apply to a 
specific type of packaging, specifically pre-formed retort 
packaging.
    28. Farr: Makes permanent a demonstration project in 
Monterey, California that allows Department of Defense 
installations to contract with the City of Monterey for the 
provision of municipal services.
    29. Dicks: Authorizes the Secretary of the Navy to convey 
land on the eastern end of Puget Sound Naval Shipyard to the 
city of Bremerton, WA.
    30. Crenshaw: Transfers certain vessels from the Maritime 
Administration to the Beauchamp Tower Corporation (a not-for-
profit corporation) for use as moored support ships and as 
memorials to the Fulton and Victory-class ships. The Beauchamp 
Tower Corporation would then use the ships in their National 
Emergency Urban Interface Program, which uses unique facilities 
to provide free training for both private industry and local/
state/federal government emergency responders.

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Kline of Minnesota, or 
                 His Designee, Debatable for 10 Minutes

  At the end of division A (page 433, after line 20), insert 
the following new title:

      TITLE XV--HIGHER EDUCATION RELIEF OPPORTUNITIES FOR STUDENTS

SEC. 1501. SHORT TITLE; REFERENCE.

  (a) Short Title.--This title may be cited as the ``Higher 
Education Relief Opportunities for Students Act of 2003''.
  (b) Reference.--References in this title to ``the Act'' are 
references to the Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.).

SEC. 1502. WAIVER AUTHORITY FOR RESPONSE TO MILITARY CONTINGENCIES AND 
                    NATIONAL EMERGENCIES.

  (a) Waivers and Modifications.--
          (1) In general.--Notwithstanding any other provision 
        of law, unless enacted with specific reference to this 
        section, the Secretary of Education (referred to in 
        this title as the ``Secretary'') may waive or modify 
        any statutory or regulatory provision applicable to the 
        student financial assistance programs under title IV of 
        the Act as the Secretary deems necessary in connection 
        with a war or other military operation or national 
        emergency to provide the waivers or modifications 
        authorized by paragraph (2).
          (2) Actions authorized.--The Secretary is authorized 
        to waive or modify any provision described in paragraph 
        (1) as may be necessary to ensure that--
                  (A) recipients of student financial 
                assistance under title IV of the Act who are 
                affected individuals are not placed in a worse 
                position financially in relation to that 
                financial assistance because of their status as 
                affected individuals;
                  (B) administrative requirements placed on 
                affected individuals who are recipients of 
                student financial assistance are minimized, to 
                the extent possible without impairing the 
                integrity of the student financial assistance 
                programs, to ease the burden on such students 
                and avoid inadvertent, technical violations or 
                defaults;
                  (C) the calculation of ``annual adjusted 
                family income'' and ``available income'', as 
                used in the determination of need for student 
                financial assistance under title IV of the Act 
                for any such affected individual (and the 
                determination of such need for his or her 
                spouse and dependents, if applicable), may be 
                modified to mean the sums received in the first 
                calendar year of the award year for which such 
                determination is made, in order to reflect more 
                accurately the financial condition of such 
                affected individual and his or her family;
                  (D) the calculation under section 484B(b)(2) 
                of the Act (20 U.S.C. 1091b(b)(2)) of the 
                amount a student is required to return in the 
                case of an affected individual may be modified 
                so that no overpayment will be required to be 
                returned or repaid if the institution has 
                documented (i) the student's status as an 
                affected individual in the student's file, and 
                (ii) the amount of any overpayment discharged; 
                and
                  (E) institutions of higher education, 
                eligible lenders, guaranty agencies, and other 
                entities participating in the student 
                assistance programs under title IV of the Act 
                that are located in areas that are declared 
                disaster areas by any Federal, State or local 
                official in connection with a national 
                emergency, or whose operations are 
                significantly affected by such a disaster, may 
                be granted temporary relief from requirements 
                that are rendered infeasible or unreasonable by 
                a national emergency, including due diligence 
                requirements and reporting deadlines.
  (b) Notice of Waivers or Modifications.--
          (1) In general.--Notwithstanding section 437 of the 
        General Education Provisions Act (20 U.S.C. 1232) and 
        section 553 of title 5, United States Code, the 
        Secretary shall, by notice in the Federal Register, 
        publish the waivers or modifications of statutory and 
        regulatory provisions the Secretary deems necessary to 
        achieve the purposes of this section.
          (2) Terms and conditions.--The notice under paragraph 
        (1) shall include the terms andconditions to be applied 
in lieu of such statutory and regulatory provisions.
          (3) Case-by-case basis.--The Secretary is not 
        required to exercise the waiver or modification 
        authority under this section on a case-by-case basis.
  (c) Impact Report.--The Secretary shall, not later than 15 
months after first exercising any authority to issue a waiver 
or modification under subsection (a), report to the Committee 
on Education and the Workforce of the House of Representatives 
and the Committee on Health, Education, Labor and Pensions of 
the Senate on the impact of any waivers or modifications issued 
pursuant to subsection (a) on affected individuals and the 
programs under title IV of the Act, and the basis for such 
determination, and include in such report the Secretary's 
recommendations for changes to the statutory or regulatory 
provisions that were the subject of such waiver or 
modification.
  (d) No Delay in Waivers and Modifications.--Sections 482(c) 
and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 
1098a) shall not apply to the waivers and modifications 
authorized or required by this title.

SEC. 1503. TUITION REFUNDS OR CREDITS FOR MEMBERS OF ARMED FORCES.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) all institutions offering postsecondary education 
        should provide a full refund to students who are 
        affected individuals for that portion of a period of 
        instruction such student was unable to complete, or for 
        which such individual did not receive academic credit, 
        because he or she was called up for active duty or 
        active service; and
          (2) if affected individuals withdraw from a course of 
        study as a result of such active duty or active 
        service, such institutions should make every effort to 
        minimize deferral of enrollment or reapplication 
        requirements and should provide the greatest 
        flexibility possible with administrative deadlines 
        related to those applications.
  (b) Definition of Full Refund.--For purposes of this section, 
a full refund includes a refund of required tuition and fees, 
or a credit in a comparable amount against future tuition and 
fees.

SEC. 1504. USE OF PROFESSIONAL JUDGMENT.

  A financial aid administrator shall be considered to be 
making a necessary adjustment in accordance with section 
479A(a) of the Act if the administrator makes adjustments with 
respect to the calculation of the expected student or parent 
contribution (or both) of an affected individual, and 
adequately documents the need for the adjustment.

SEC. 1505. DEFINITIONS.

  In this title:
          (1) Active duty.--The term ``active duty'' has the 
        meaning given such term in section 101(d)(1) of title 
        10, United States Code, except that such term does not 
        include active duty for training or attendance at a 
        service school.
          (2) Affected individual.--The term ``affected 
        individual'' means an individual who--
                  (A) is serving on active duty during a war or 
                other military operation or national emergency;
                  (B) is performing qualifying National Guard 
                duty during a war or other military operation 
                or national emergency;
                  (C) resides or is employed in an area that is 
                declared a disaster area by any Federal, State, 
                or local official in connection with a national 
                emergency; or
                  (D) suffered direct economic hardship as a 
                direct result of a war or other military 
                operation or national emergency, as determined 
                by the Secretary.
          (3) Military operation.--The term ``military 
        operation'' means a contingency operation as such term 
        is defined in section 101(a)(13) of title 10, United 
        States Code.
          (4) National emergency.--The term ``national 
        emergency'' means a national emergency declared by the 
        President of the United States.
          (5) Serving on active duty.--The term ``serving on 
        active duty during a war or other military operation or 
        national emergency'' shall include service by an 
        individual who is--
                  (A) a Reserve of an Armed Force ordered to 
                active duty under section 12301(a), 12301(g), 
                12302, 12304, or 12306 of title 10, United 
                States Code, or any retired member of an Armed 
                Force ordered to active duty under section 688 
                of such title, for service in connection with a 
                war or other military operation or national 
                emergency, regardless of the location at which 
                such active duty service is performed; and
                  (B) any other member of an Armed Force on 
                active duty in connection with such war, 
                operation, or emergency or subsequent actions 
                or conditions who has been assigned to a duty 
                station at a location other than the location 
                at which such member is normally assigned.
          (6) Qualifying national guard duty.--The term 
        ``qualifying National Guard duty during a war or other 
        military operation or national emergency'' means 
        service as a member of the National Guard on full-time 
        National Guard duty (as defined in section 101(d)(5) of 
        title 10, United States Code) under a call to active 
        service authorized by the President or the Secretary of 
        Defense for a period of more than 30 consecutive days 
        under section 502(f) of title 32, United States Code, 
        in connection with a war, another military operation, 
        or a national emergency declared by the President and 
        supported by Federal funds.

SEC. 1506. TERMINATION OF AUTHORITY.

  The provisions of this title shall cease to be effective at 
the close of September 30, 2005.
                              ----------                              


    2. An Amendment To Be Offered by Representative Brown of South 
          Carolina, or His Designee, Debatable for 10 Minutes

  At the end of title III (page ____, after line ____), insert 
the following new section:

SEC. ____. EXPANSION OF DEPARTMENT OF DEFENSE EXCESS PERSONAL PROPERTY 
                    DISPOSAL PROGRAM TO INCLUDE HEALTH AGENCIES IN 
                    ADDITION TO LAW ENFORCEMENT AND FIREFIGHTING 
                    AGENCIES.

  (a) Inclusion of Health Agencies.--Section 2576b of title 10, 
United States Code, is amended--
          (1) by striking subsection (a) and inserting the 
        following new subsection (a):
  ``(a) Transfer Authorized.--Subject to subsection (b), the 
Secretary of Defense may transfer to a firefighting agency or 
health agency in a State any personal property of the 
Department of Defense that the Secretary determines is--
          ``(1) excess to the needs of the Department of 
        Defense; and
          ``(2) suitable for use in providing fire and 
        emergency medical services or responding to health or 
        environmental emergencies, including personal 
        protective equipment and equipment for communication 
        and monitoring.''; and
          (2) in subsection (b)(2) and (c), by striking 
        ``firefighting'' both places it appears.
  (b) Clerical Amendments.--(1) The heading of such section is 
amended to read as follows:

``Sec. 2576b. Excess personal property: sale or donation to assist 
                    firefighting agencies and health agencies

  (2) The table of sections at the beginning of chapter 153 of 
such title is amended by striking the item relating to section 
2576b and inserting the following new item:

``2576b. Excess personal property: sale or donation to assist 
          firefighting agencies and health agencies.''.
                    ____________________________________________________

 3. An Amendment To Be Offered by Representative Ackerman of New York, 
               or His Designee, Debatable for 10 Minutes

  At the end of title XII (page 384, after line 3), insert the 
following new section:

SEC. ____. SENSE OF CONGRESS CONCERNING NAVY PORT CALLS IN ISRAEL.

  (a) Findings.--Congress finds the following:
          (1) The United States Sixth Fleet has not conducted 
        regular visits to the port of Haifa, Israel, since the 
        attack on the U.S.S. Cole in Aden, Yemen, on October 
        12, 2000, but previously visited that port on a regular 
        basis, with an average of 90 United States warships 
        visiting Haifa each year.
          (2) The United States Navy has invested millions of 
        dollars in expanding the capacity and capability of the 
        port of Haifa to accommodate United States Navy 
        requirements and the port of Haifa is among the most 
        secure harbors in the world and offers reliable and 
        efficient repair facilities with close proximity to 
        capable air transport and communications.
          (3) The forward presence of United States Navy ships 
        is a powerful deterrent to aggression and a tangible 
        expression of American national interests.
          (4) The visits of the United States Sixth Fleet to 
        Haifa demonstrate the historic friendship of the 
        American and Israeli people and the commitment of the 
        United States to the security and survival of the State 
        of Israel.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the Secretary of Defense and the United States 
        Navy should engage with the Government of Israel and 
        the Israel Defense Forces to establish appropriate and 
        effective arrangements to ensure the safety of United 
        States Navy vessels and personnel; and
          (2) upon such arrangements being made, the Sixth 
        Fleet should resume regular port visits to Haifa, 
        Israel.
                              ----------                              


4. An Amendment To Be Offered by Representative Tom Davis of Virginia, 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title XI (page 349, after line 
10), insert the following new section (and redesignate 
subsequent sections accordingly):

SEC. 1111. HUMAN CAPITAL PERFORMANCE FUND.

  (a) In General.--Subpart D of part III of title 5, United 
States Code, is amended by inserting after chapter 53 the 
following:

              ``CHAPTER 54--HUMAN CAPITAL PERFORMANCE FUND

  ``Sec.
  ``5401. Purpose.
  ``5402. Definitions.
  ``5403. Human Capital Performance Fund.
  ``5404. Human capital performance payments.
  ``5405. Regulations.
  ``5406. Agency plan.
  ``5407. Nature of payment.
  ``5408. Appropriations.

``Sec. 5401. Purpose

  ``The purpose of this chapter is to promote, through the 
creation of a Human Capital Performance Fund, greater 
performance in the Federal Government. Monies from the Fund 
will be used to reward agencies' highest performing and most 
valuable employees. This Fund will offer Federal managers a new 
tool to recognize employee performance that is critical to the 
achievement of agency missions.

``Sec. 5402. Definitions

  ``For the purpose of this chapter--
          ``(1) `agency' means an Executive agency under 
        section 105, but does not include the General 
        Accounting Office;
          ``(2) `employee' includes--
                  ``(A) an individual paid under a statutory 
                pay system defined in section 5302(1);
                  ``(B) a prevailing rate employee, as defined 
                in section 5342(a)(2); and
                  ``(C) a category of employees included by the 
                Office of Personnel Management following the 
                review of an agency plan under section 
                5403(b)(1);
        but does not include--
                  ``(i) an individual paid at an annual rate of 
                basic pay for a level of the Executive 
                Schedule, under subchapter II of chapter 53, or 
                at a rate provided for one of those levels 
                under another provision of law;
                  ``(ii) a member of the Senior Executive 
                Service paid under subchapter VIII of chapter 
                53, or an equivalent system;
                  ``(iii) an administrative law judge paid 
                under section 5372;
                  ``(iv) a contract appeals board member paid 
                under section 5372a;
                  ``(v) an administrative appeals judge paid 
                under section 5372b; and
                  ``(vi) an individual in a position which is 
                excepted from the competitive service because 
                of its confidential, policy-determining, 
                policy-making, or policy-advocating character; 
                and
          ``(3) `Office' means the Office of Personnel 
        Management.

``Sec. 5403. Human Capital Performance Fund

  ``(a) There is hereby established the Human Capital 
Performance Fund, to be administered by the Office for the 
purpose of this chapter.
  ``(b)(1)(A) An agency shall submit a plan as described in 
section 5406 to be eligible for consideration by the Office for 
an allocation under this section. An allocation shall be made 
only upon approval by the Office of an agency's plan.
  ``(B)(i) After the reduction for training required under 
section 5408, ninety percent of the remaining amount 
appropriated to the Fund may be allocated by the Office to the 
agencies. Of the amount to be allocated, an agency's pro rata 
distribution may not exceed its pro rata share of Executive 
branch payroll.
  ``(ii) If the Office does not allocate an agency's full pro 
rata share, the undistributed amount remaining from that share 
will become available for distribution to other agencies, as 
provided in subparagraph (C).
  ``(C)(i) After the reduction for training under section 5408, 
ten percent of the remaining amount appropriated to the Fund, 
as well as the amount of the pro rata share not distributed 
because of an agency's failure to submit a satisfactory plan, 
shall be allocated among agencies with exceptionally high-
quality plans.
  ``(ii) An agency with an exceptionally high-quality plan is 
eligible to receive an additional distribution in addition to 
its full pro rata distribution.
  ``(2) Each agency is required to provide to the Office such 
payroll information as the Office specifies necessary to 
determine the Executive branch payroll.

``Sec. 5404. Human capital performance payments

  ``(a)(1) Notwithstanding any other provision of law, the 
Office may authorize an agency to provide human capital 
performance payments to individual employees based on 
exceptional performance contributing to the achievement of the 
agency mission.
  ``(2) The number of employees in an agency receiving payments 
from the Fund, in any year, shall not be more than the number 
equal to 15 percent of the agency's average total civilian 
full- and part-time permanent employment for the previous 
fiscal year.
  ``(b)(1) A human capital performance payment provided to an 
individual employee from the Fund, in any year, shall not 
exceed 10 percent of the employee's rate of basic pay.
  ``(2) The aggregate of an employee's rate of basic pay, 
adjusted by any locality-based comparability payments, and 
human capital performance pay, as defined by regulation, may 
not exceed the rate of basic pay for Executive Level IV in any 
year.
  ``(3) Any human capital performance payment provided to an 
employee from the Fund is in addition to any annual pay 
adjustment (under section 5303 or any similar provision of law) 
and any locality-based comparability payment that may apply.
  ``(c) No monies from the Human Capital Performance Fund may 
be used to pay for a new position, for other performance-
related payments, or for recruitment or retention incentives 
paid under sections 5753 and 5754.
  ``(d)(1) An agency may finance initial human capital 
performance payments using monies from the Human Capital 
Performance Fund, as available.
  ``(2) In subsequent years, continuation of previously awarded 
human capital performance payments shall be financed from other 
agency funds available for salaries and expenses.

``Sec. 5405. Regulations

  ``The Office shall issue such regulations as it determines to 
be necessary for the administration of this chapter, including 
the administration of the Fund. The Office's regulations shall 
include criteria governing--
          ``(1) an agency plan under section 5406;
          ``(2) the allocation of monies from the Fund to 
        agencies;
          ``(3) the nature, extent, duration, and adjustment 
        of, and approval processes for, payments to individual 
        employees under this chapter;
          ``(4) the relationship to this chapter of agency 
        performance management systems;
          ``(5) training of supervisors, managers, and other 
        individuals involved in the process of making 
        performance distinctions; and
          ``(6) the circumstances under which funds may be 
        allocated by the Office to an agency in amounts below 
        or in excess of the agency's pro rata share.

``Sec. 5406. Agency plan

  ``(a) To be eligible for consideration by the Office for an 
allocation under this section, an agency shall--
          ``(1) develop a plan that incorporates the following 
        elements:
                  ``(A) adherence to merit principles set forth 
                in section 2301;
                  ``(B) a fair, credible, and transparent 
                employee performance appraisal system;
                  ``(C) a link between the pay-for-performance 
                system, the employee performance appraisal 
                system, and the agency's strategic plan;
                  ``(D) a means for ensuring employee 
                involvement in the design and implementation of 
                the system;
                  ``(E) adequate training and retraining for 
                supervisors, managers, and employees in the 
                implementation and operation of the pay-for-
                performance system;
                  ``(F) a process for ensuring ongoing 
                performance feedback and dialogue between 
                supervisors, managers, and employees throughout 
                the appraisal period, and setting timetables 
                for review;
                  ``(G) effective safeguards to ensure that the 
                management of the system is fair and equitable 
                and based on employee performance; and
                  ``(H) a means for ensuring that adequate 
                agency resources are allocated for the design, 
                implementation, and administration of the pay-
                for-performance system;
          ``(2) upon approval, receive an allocation of funding 
        from the Office;
          ``(3) make payments to individual employees in 
        accordance with the agency's approved plan; and
          ``(4) provide such information to the Office 
        regarding payments made and use of funds received under 
        this section as the Office may specify.
  ``(b) The Office, in consultation with the Chief Human 
Capital Officers Council, shall review and approve an agency's 
plan before the agency is eligible to receive an allocation of 
funding from the Office.
  ``(c) The Chief Human Capital Officers Council shall include 
in its annual report to Congress under section 1303(d) of the 
Homeland Security Act of 2002 an evaluation of the formulation 
and implementation of agency performance management systems.

``Sec. 5407. Nature of payment

  ``Any payment to an employee under this section shall be part 
of the employee's basic pay for the purposes of subchapter III 
of chapter 83, and chapters 84 and 87, and for such other 
purposes (other than chapter 75) as the Office shall determine 
by regulation.

``Sec. 5408. Appropriations

  ``There is authorized to be appropriated $500,000,000 for 
fiscal year 2004, and, for each subsequent fiscal year, such 
sums as may be necessary to carry out the provisions of this 
chapter. In the first year of implementation, up to 10 percent 
of the amount appropriated to the Fund shall be available to 
participating agencies to train supervisors, managers, and 
other individuals involved in the appraisal process on using 
performance management systems to make meaningful distinctions 
in employee performance and on the use of the Fund.''.
  (b) Clerical Amendment.--The table of chapters for part III 
of title 5, United States Code, is amended by inserting after 
the item relating to chapter 53 the following:
      Human Capital Performance Fund.............................5401''.
                    ____________________________________________________

5. An Amendment To Be Offered by Representative Hefley of Colorado, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title X (page 333, after line 21), insert the 
following new section:

SEC. ____. PILOT PROGRAM TO IMPROVE USE OF AIR FORCE AND AIR NATIONAL 
                    GUARD MODULAR AIRBORNE FIRE-FIGHTING SYSTEMS TO 
                    FIGHT WILDFIRES.

  (a) Temporary Exception to Economy Act Requirement.--
Notwithstanding section 1535(a)(4) of title 31, United States 
Code, the Secretary of the Interior and the Secretary of 
Agriculture may procure the services of military aircraft (and 
personnel of the Armed Forces to operate and maintain such 
aircraft) of Air Force and Air National Guard Modular Airborne 
Fire-Fighting Systems units in California, Colorado, North 
Carolina, and Wyoming to fight a wildfire without first 
comparing the cost and convenience of procuring such services 
from such source to the cost of procuring the same services 
from a commercial enterprise.
  (b) Duration of Pilot Program.--The authority provided by 
subsection (a) expires December 31, 2005.
  (c) Reporting Requirement.--Not later than February 1, 2005, 
the Secretary of the Interior and the Secretary of Agriculture 
shall submit to Congress a report describing--
          (1) the use of the exception provided in subsection 
        (a) to expedite the procurement of the services of Air 
        Force and Air National Guard Modular Airborne Fire-
        Fighting Systems units to fight wildfires; and
          (2) the ability of these units in responding to 
        wildfires in a timely and effective manner.
                              ----------                              


6. An Amendment To Be Offered by Representative Drier of California, or 
                 His Designee, Debatable for 20 Minutes

  At the end of title X (page 333, after line 21), insert the 
following new section:

SEC. ____. REPEAL OF MTOPS REQUIREMENT FOR COMPUTER EXPORT CONTROLS.

  (a) Repeal.--Effective 120 days after the date of the 
enactment of this Act, subtitle B of title XII and section 3157 
of the National Defense Authorization Act for Fiscal Year 1998 
(50 U.S.C. App. 2404 note) are repealed.
  (b) Consultation Required.--During the 120-day period 
beginning on the date of the enactment of this Act and before 
implementing any new regulations relating to an export 
administration system for high-performance computers, the 
President shall consult with the following congressional 
committees:
          (1) The Select Committee on Homeland Security, the 
        Committee on Armed Services, and the Committee on 
        International Relations of the House of 
        Representatives.
          (2) The Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate.
  (c) Report.--Not later than 30 days after implementing any 
regulations described in subsection (b), the President shall 
submit to Congress a report that--
          (1) identifies the functions of the Secretary of 
        Commerce, Secretary of Defense, Secretary of Energy, 
        Secretary of State, the Secretary of Homeland Security, 
        and any other relevant national security or 
        intelligence agencies under the export administration 
        system embraced by those regulations; and
          (2) explains how the export administration system 
        will effectively advance the national security 
        objectives of the United States.
  (d) New Regulations.--If the President finds that it is in 
the national security interest of the United States, the 
President may, after consultation with the Secretary of 
Commerce, Secretary of Defense, Secretary of Energy, Secretary 
of State, Secretary of Homeland Security, the Director of 
Central Intelligence, and other relevant national security and 
intelligence agencies, issue regulations that replace the 
current MTOPS-based method for controlling computer exports, 
after considering other means of controlling such exports, 
including controls that may incorporate accepted and accurate 
measurements of computer performance (including the performance 
of clustered computers).
                              ----------                              


 7. An Amendment To Be Offered by Representative Lantos of California, 
               or his Designee, Debatable for 10 Minutes

  In section 1021, strike subsection (b) (page 274, lines 22 
through 24), and redesignate subsequent subsections 
accordingly.
                              ----------                              


 8. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

  At the end of title X (page 333, after line 21), insert the 
following new section:

SEC. ____. STUDY ON FEASIBILITY OF USE OF SMALL BUSINESSES, MINORITY-
                    OWNED BUSINESSES, AND WOMEN-OWNED BUSINESSES IN 
                    EFFORTS TO REBUILD IRAQ.

  The Secretary of Defense shall commission a study of the 
feasibility of using small businesses, minority-owned 
businesses, and women-owned businesses in the United States' 
efforts to rebuild Iraq. The study shall include the 
development of outreach procedures to provide, to small 
businesses, minority-owned businesses, and women-owned 
businesses, information on participating in rebuilding Iraq.
                              ----------                              


9. An Amendment To Be Offered by Representative Hastings of Florida, or 
                 His Designee, Debatable for 10 Minutes

  Page 260, strike lines 23 and 24.
  Page 262, strike lines 7 through 12.
                              ----------                              


10. An Amendment To Be Offered by Representative Woolsey of California, 
               or Her Designee, Debatable for 10 Minutes

  At the end of title X (page 333, after line 21), insert the 
following new section:

SEC. ____. SENSE OF CONGRESS REGARDING CONTINUATION OF MISSION AND 
                    FUNCTIONS OF ARMY PEACEKEEPING INSTITUTE.

  It is the sense of Congress that the Secretary of Defense 
should maintain the functions and missions of the Army 
Peacekeeping Institute at the Army War College in Carlisle, 
Pennsylvania, or within a joint entity of the Department of 
Defense, such as the National Defense University or the Joint 
Forces Command, to ensure that members of the Armed Forces 
continue to study the strategic challenges and uses of 
peacekeeping missions and to prepare the Armed Forces for 
conducting such missions.
                              ----------                              


      11. An Amendment To Be Offered by Representative Weldon of 
        Pennsylvania, or His Designee, Debatable for 10 Minutes

  At the end of the bill (page 627, after line 25), insert the 
following new title:

                TITLE XXXVI--NUCLEAR SECURITY INITIATIVE

SEC. 3601. SHORT TITLE.

  This title may be cited as the ``Nuclear Security Initiative 
Act of 2003''.

           Subtitle A--Nonproliferation Program Enhancements

SEC. 3621. ACCELERATION AND EXPANSION OF INTERNATIONAL NUCLEAR 
                    MATERIALS PROTECTION AND COOPERATION PROGRAM.

  (a) Policy With Respect to Former Soviet Union.--It is the 
policy of the United States to seek to cooperate with the 
Russian Federation and each other independent state of the 
former Soviet Union to effect as quickly as is reasonably 
practical basic security measures (such as the replacement of 
doors, the bricking of or placement of bars in windows, the 
clearing of underbrush from facility perimeters, and the 
erection of fences) at each facility in the Russian Federation 
and each such state that is used for storing nuclear weapons or 
nuclear materials and is not yet protected by such measures.
  (b) Policy Worldwide.--It is the policy of the United States 
to seek to cooperate with all appropriate nations--
          (1) to attempt to ensure that all nuclear weapons and 
        nuclear materials worldwide are secure and accounted 
        for according to stringent standards; and
          (2) to minimize the number of facilities worldwide at 
        which separated plutonium and highly enriched uranium 
        are present, so as to achieve the highest and most 
        sustainable levels of security for such facilities in 
        the most cost-effective manner.
  (c) Expansion of Program to Additional Countries 
Authorized.--(1) The Secretary of Energy may expand the 
International Nuclear Materials Protection and Cooperation 
program of the Department of Energy to encompass countries 
other than the Russian Federation and the other independent 
states of the former Soviet Union.
  (2) In carrying out such program with respect to countries 
other than the Russian Federation and the other independent 
states of the former Soviet Union, the Secretary of Energy may 
provide such funds as are needed to remove nuclear materials 
from potentially vulnerable facilities, including funds to 
cover the costs of--
          (A) transporting such materials from those facilities 
        to secure facilities;
          (B) purchasing such materials;
          (C) converting those facilities to a use that no 
        longer requires nuclear materials; and
          (D) providing incentives to facilitate the removal of 
        such materials from such facilities.
  (3)(A) In carrying out such program with respect to countries 
other than the Russian Federation and the other independent 
states of the former Soviet Union, the Secretary of Energy may 
provide technical assistance to the Secretary of State in the 
efforts of the Secretary of State to assist such countries to 
review and improve their security programs with respect to 
nuclear weapons and nuclear materials.
  (B) The technical assistance provided under subparagraph (A) 
may, where consistent with the treaty obligations of the United 
States, include the sharing of technology or methodologies to 
the countries referred to in that subparagraph. Any such 
sharing shall take into account the sovereignty of the country 
concerned and the nuclear weapons programs of such country, as 
well as the sensitivity of any information involved regarding 
United States nuclear weapons or nuclear weapons systems.
  (C) The Secretary of Energy may include the Russian 
Federation in activities under this paragraph if the Secretary 
determines that the experience of the Russian Federation under 
the International Nuclear Materials Protection and Cooperation 
program would make the participation of the Russian Federation 
in those activities useful in providing technical assistance 
under subparagraph (A).
  (d) Funding.--(1) The amount provided in title XXXI for 
defense nuclear nonproliferation activities is hereby increased 
by $28,000,000, to be available, in addition to any sums 
otherwise authorized to be appropriated, for the International 
Nuclear Materials Protection and Cooperation program of the 
Department of Energy for the purpose of carrying out the 
policies specified in subsections (a) and (b) and the expansion 
of the program authorized by subsection (c).
  (2) The amount provided in section 1302 is hereby reduced by 
$28,000,000, to be derived from strategic offensive arms 
elimination in Russia.

   Subtitle B--Administration and Oversight of Threat Reduction and 
                       Nonproliferation Programs

SEC. 3641. ANALYSIS OF EFFECT ON THREAT REDUCTION AND NONPROLIFERATION 
                    PROGRAMS OF CONGRESSIONAL OVERSIGHT MEASURES WITH 
                    RESPECT TO SUCH PROGRAMS.

  (a) Analysis of and Report on Congressional Oversight 
Measures.--(1) The National Academy of Sciences shall carry out 
an analysis of the effect on threat reduction and 
nonproliferation programs of applicable congressional oversight 
measures. The analysis shall take into account--
          (A) the national security interests of the United 
        States;
          (B) the need for accountability in the expenditure of 
        funds by the United States;
          (C) the effect of such congressional oversight 
        measures on the continuity and effectiveness of such 
        programs; and
          (D) the oversight responsibilities of Congress with 
        respect to such programs.
  (2) In carrying out the analysis, the National Academy of 
Sciences shall consult with the chairs and ranking minority 
members of the Committees on Armed Services of the Senate and 
the House of Representatives.
  (b) Report.--Not later than November 1, 2004, the National 
Academy of Sciences shall submit to Congress a report on the 
analysis required by subsection (a). The report shall--
          (1) identify, and describe the purpose of, each 
        congressional oversight measure; and
          (2) set forth such recommendations as the National 
        Academy of Sciences considers appropriate as to whether 
        the measure should be retained, amended, or repealed, 
        together with the reasoning underlying that 
        determination.
  (c) Definitions.--In this section:
          (1) the term ``congressional oversight measure'' 
        means--
                  (A) the restrictions in subsection (d) of 
                section 1203 of the Cooperative Threat 
                Reduction Act of 1993 (22 U.S.C. 5952);
                  (B) the eligibility requirements in 
                paragraphs (1) through (4) of section 502 of 
                the FREEDOM Support Act (22 U.S.C. 5852);
                  (C) the prohibition in section 1305 of the 
                National Defense Authorization Act for Fiscal 
                Year 2000 (Public Law 106-65; 113 Stat. 512; 22 
                U.S.C. 5952 note); and
                  (D) any restriction or prohibition on the use 
                of funds otherwise available for threat 
                reduction and nonproliferation programs that 
                applies absent the submission to Congress (or 
                any one or more officers or committees of 
                Congress) of a report, certification, or other 
                matter.
          (2) The term ``threat reduction and nonproliferation 
        programs'' means--
                  (A) the programs specified in section 1501(b) 
                of the National Defense Authorization Act for 
                Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
                2731; 50 U.S.C. 2362 note); and
                  (B) any programs for which funds are made 
                available under the defense nuclear 
                nonproliferation account of the Department of 
                Energy.

SEC. 3642. ANNUAL REPORT ON THE USE OF FUNDS APPROPRIATED FOR THREAT 
                    REDUCTION AND NONPROLIFERATION IN STATES OF THE 
                    FORMER SOVIET UNION.

  (a) Report.--Not later than December 31 of each year, the 
Secretary of Energy shall submit to Congress a report on the 
use, during the fiscal year ending September 30 of that year, 
of funds appropriated for threat reduction and nonproliferation 
programs in the Russian Federation and the other independent 
states of the former Soviet Union. The report shall be prepared 
in consultation with the Secretary of Defense and shall include 
the following:
          (1) A description of the use of such funds and the 
        manner in which such funds are being monitored and 
        accounted for, including--
                  (A) the amounts obligated, and the amounts 
                expended, for such activities;
                  (B) the purposes for which such amounts were 
                obligated and expended;
                  (C) the forms of assistance provided, and the 
                justification for each form of assistance 
                provided;
                  (D) the success of each such activity, 
                including the purposes achieved for each such 
                activity;
                  (E) a description of the participation in 
                such activities by private sector entities in 
                the United States and by Federal agencies; and
                  (F) any other information that the Secretary 
                of Energy considers appropriate to provide a 
                complete description of the operation and 
                success of such activities.
          (2) An accounting of the financial commitment made by 
        the Russian Federation, as of the date of the end of 
        the fiscal year covered by the report, to the 
        destruction of its weapons of mass destruction and to 
        threat reduction and nonproliferation programs.
          (3) A description of the efforts made by the United 
        States to encourage the Russian Federation to continue 
        to maintain its current level of financial commitment 
        at a level not less than the level of its commitment 
        for fiscal year 2003, and the response of the Russian 
        Federation to such efforts.
          (4) A description of the access provided by the 
        Russian Federation to the United States during the 
        fiscal year covered by the report to the facilities 
        with respect to which the United States is providing 
        assistance under threat reduction and nonproliferation 
        programs.
  (b) Consultation Required.--In preparing the report, the 
Secretary of Energy shall consult with the chairs and ranking 
minority members of the following congressional committees:
          (1) The Committee on Armed Services, Committee on 
        Appropriations, and Committee on International 
        Relations of the House of Representatives.
          (2) The Committee on Armed Services, Committee on 
        Appropriations, and Committee on Foreign Relations of 
        the Senate.
  (c) Information from Russian Federation.--In the case of 
activities covered by the report that are carried out in the 
Russian Federation, the Secretary of Energy shall, in preparing 
the report, include information provided by the Russian 
Federation with respect to those activities.
  (d) Definition.--In this section, the term ``threat reduction 
and nonproliferation programs'' has the meaning given such term 
in section 3641.

SEC. 3643. PLAN FOR AND COORDINATION OF CHEMICAL AND BIOLOGICAL WEAPONS 
                    NONPROLIFERATION PROGRAMS WITH STATES OF THE FORMER 
                    SOVIET UNION.

  (a) Chemical and Biological Weapons Plan.--Section 1205 of 
the National Defense Authorization Act for Fiscal Year 2002 
(Public Law 107-107; 115 Stat. 1247), as amended by section 
1205 of the Bob Stump National Defense Authorization Act for 
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2664) is 
amended--
          (1) by redesignating subsection (d) as subsection 
        (e); and
          (2) by inserting after subsection (c) the following 
        new subsection (d):
  ``(d) Chemical and Biological Weapons.--(1) Not later than 
June 1, 2004, the President shall prepare and submit to 
Congress a comprehensive, detailed plan--
          ``(A) to secure and destroy all chemical and 
        biological weapons, and the chemical and biological 
        materials designed for use in such weapons, that are 
        located in Russia and the independent states of the 
        former Soviet Union; and
          ``(B) to prevent the outflow from those states of the 
        technology and scientific expertise that could be used 
        for developing those weapons, including delivery 
        systems.
  ``(2) The plan required by paragraph (1) shall include the 
following:
          ``(A) Specific goals and measurable objectives for 
        the programs that are designed to carry out the 
        objectives specified in subparagraphs (A) and (B) of 
        paragraph (1).
          ``(B) Identification of all significant obstacles to 
        achieving those objectives and the means for overcoming 
        those obstacles.
          ``(C) Criteria for success for those programs and a 
        strategy for eventual termination of United States 
        contributions to those programs and assumption of the 
        ongoing support of those programs by the Russian 
        Federation.
          ``(D) Specification of the fiscal and other resources 
        necessary in each of the eight fiscal years after 
        fiscal year 2003 to achieve those objectives.
          ``(E) Recommendations for any changes--
                  ``(i) in the structure or organization of the 
                programs for carrying out those objectives; and
                  ``(ii) in regulations or legislation that 
                would increase the efficiency and coordination 
                of those programs or would otherwise contribute 
                to the achievement of those objectives.
  ``(3) In developing the plan required by paragraph (1), the 
President shall consult with--
          ``(A) the majority and minority leadership of the 
        appropriate committees of Congress; and
          ``(B) appropriate officials of the states of the 
        former Soviet Union.
  ``(4)(A) The President, after consultation with the majority 
and minority leadership of the appropriate committees of 
Congress, shall designate a senior official of the Executive 
Branch, and provide that official with sufficient authority and 
staffing and other resources, to coordinate the programs 
referred to in paragraph (2)(A).
  ``(B) The President shall designate that official not later 
than 12 months after the date of the enactment of this 
subsection.''.
  (b) Report Required To Cover Both Plans.--Subsection (e) of 
section 1205 of the National Defense Authorization Act for 
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247), as 
redesignated by subsection (a), is amended--
          (1) in the subsection heading, by striking ``Plan.--
        '' and inserting ``Plans.--'';
          (2) in paragraph (1)--
                  (A) by striking ``January 31, 2003,'' and 
                inserting ``January 31, 2005,''; and
                  (B) by striking ``plan required by subsection 
                (a)'' and inserting ``plans required by 
                subsections (a) and (d)(1)''; and
          (3) in paragraph (2)--
                  (A) in subparagraph (A), by striking ``plan 
                required by subsection (a)'' and inserting 
                ``plans required by subsections (a) and 
                (d)(1)''; and
                  (B) in subparagraphs (B), (C), and (D) by 
                striking ``plan'' each place it appears and 
                inserting ``plans''.
  (c) Conforming Amendment.--The heading of section 1205 of the 
National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107-107; 115 Stat. 1247) is amended to read as follows:

``SEC. 1205. PLANS FOR SECURING NUCLEAR WEAPONS, MATERIAL, AND 
                    EXPERTISE OF, AND FOR COORDINATING CHEMICAL AND 
                    BIOLOGICAL WEAPONS NONPROLIFERATION PROGRAMS WITH, 
                    STATES OF THE FORMER SOVIET UNION.''.

  (d) Effective Date for First Report Covering Both Plans.--The 
amendments made by subsection (b) shall apply with respect to 
the first report due after January 31, 2004.

              Subtitle C--United States--Russia Relations

SEC. 3661. COMPREHENSIVE INVENTORIES AND DATA EXCHANGES ON NUCLEAR 
                    WEAPONS-GRADE MATERIAL AND NUCLEAR WEAPONS.

  (a) Findings.--Congress finds that inventories of nuclear 
weapons-grade material and nuclear weapons should be tracked in 
order, among other things--
          (1) to make it more likely that the Russian 
        Federation can fully account for its entire inventory 
        of nuclear weapons-grade material and nuclear weapons; 
        and
          (2) to make it more likely that the sources of any 
        such material or weapons possessed or used by any 
        foreign state or terrorist organization can be 
        identified.
  (b) Statement of Policy.--It is the policy of the United 
States to seek to establish jointly with the Russian Federation 
comprehensive inventories and data exchanges of Russian 
Federation and United States nuclear weapons-grade material and 
nuclear weapons, with particular attention to tactical warheads 
and warheads that are no longer operationally deployed.
  (c) Assistance in Developing Comprehensive Inventories.--
Notwithstanding any other provision of law, the United States 
should seek to work with the Russian Federation to develop 
comprehensive inventories of Russian highly enriched uranium, 
weapons-grade plutonium, and assembled warheads, with special 
attention to be focused on tactical warheads and warheads that 
are no longer operationally deployed.
  (d) Data Exchanges.--As part of the development of 
inventories under subsection (c), to the maximum extent 
practicable and without jeopardizing United States national 
security interests, the United States may exchange data with 
the Russian Federation on categories of material and weapons 
described in subsection (c).
  (e) Report.--Not later than 12 months after the date of the 
enactment of this Act, and annually thereafter until a 
comprehensive inventory is created and the information 
collected from the inventory is exchanged between the United 
States and the Russian Federation, the President shall submit 
to Congress a report, in both classified and unclassified form 
as necessary, describing the progress that has been made toward 
creating an inventory and exchanging the information.

SEC. 3662. ESTABLISHMENT OF DUMA-CONGRESS NUCLEAR THREAT REDUCTION 
                    WORKING GROUP.

  (a) Establishment of Working Group.--There is hereby 
established a working group to be known as the ``Nuclear Threat 
Reduction Working Group'' as an interparliamentary group of the 
United States and the Russian Federation.
  (b) Purpose of Working Group.--The purpose of the Working 
Group established by subsection (a) shall be to explore means 
to enhance cooperation between the United States and the 
Russian Federation with respect to nuclear nonproliferation and 
security, and such other issues related to reducing nuclear 
weapons dangers as the delegations from the two legislative 
bodies may consider appropriate.
  (c) Membership.--(1) The majority leader of the Senate, after 
consultation with the minority leader of the Senate, shall 
appoint 10 Senators to the Working Group established by 
subsection (a).
  (2) The Speaker of the House of Representatives, after 
consultation with the minority leader of the House of 
Representatives, shall appoint 30 Representatives to the 
Working Group.

SEC. 3663. JOINT UNITED STATES/NORTH ATLANTIC TREATY ORGANIZATION 
                    COOPERATION WITH RUSSIA ON THEATER-LEVEL BALLISTIC 
                    MISSILE DEFENSES.

  (a) Policy.--It is the policy of the United States that the 
President should seek to ensure that the United States takes 
the lead in arranging for the United States, in conjunction 
with the North Atlantic Treaty Organization, to enter into 
appropriate cooperative relationships with the Russian 
Federation with respect to the development and deployment of 
theater-level ballistic missile defenses.
  (b) Purpose of Cooperative Relationships.--It is the policy 
of the United States--
          (1) that the purpose of the cooperative relationships 
        described in subsection (a) is to increase transparency 
        and confidence with the Russian Federation;
          (2) that United States defense and security 
        cooperation with the Russian Federation should 
        contribute to defining a new bilateral strategic 
        framework that is not rooted in the concept of ``mutual 
        assured destruction''; and
          (3) that that new bilateral strategic framework 
        should be based upon improving the security of the 
        United States and the Russian Federation by promoting 
        transparency and confidence between the two countries.
  (c) Report to Congress.--Not later than one year after the 
date of the enactment of this Act, the President shall transmit 
to Congress a report (in unclassified or classified form as 
necessary) on the feasibility of increasing cooperation with 
the Russian Federation on the subject of theater-level 
ballistic missile defenses and on the purposes and objectives 
set forth in subsection (b). The report shall include--
          (1) recommendations from the Department of Defense 
        and Missile Defense Agency;
          (2) a threat assessment; and
          (3) an assessment of possible benefits to missile 
        defense programs of the United States.

SEC. 3664. ENCOURAGEMENT OF ENHANCED COLLABORATION TO ACHIEVE MORE 
                    RELIABLE RUSSIAN EARLY WARNING SYSTEMS.

  (a) Findings.--Congress finds that--
          (1) the innovative United States-Russian space-based 
        remote sensor research and development program known as 
        the Russian-American Observation Satellite (RAMOS) 
        program addresses a variety of defense concerns while 
        promoting enhanced transparency and confidence between 
        the United States and the Russian Federation; and
          (2) an initial concept of co-orbiting United States 
        and Russian satellites for simultaneous stereo 
        observations is complete and should be continued.
  (b) Policy.--It is the policy of the United States--
          (1) to encourage joint efforts by the United States 
        and the Russian Federation to reduce the chances of a 
        Russian nuclear attack anywhere in the world as the 
        result of misinformation or miscalculation by 
        developing the capabilities and increasing the 
        reliability of Russian ballistic missile early-warning 
        systems, including the Russian-American Observation 
        Satellite (RAMOS) program; and
          (2) to encourage other United States-Russian programs 
        to ensure that the Russia Federation has reliable 
        information, including real-time data, regarding 
        launches of ballistic missiles anywhere in the world.
  (c) Interim RAMOS Funding.--The Secretary of Defense shall 
ensure that, pending the execution of a new agreement between 
the United States and the Russian Federation providing for the 
conduct of the RAMOS program, sufficient amounts of funds 
appropriated for that program are used in order to ensure the 
satisfactory continuation of that program during fiscal years 
2004 and 2005.

SEC. 3665. TELLER-KURCHATOV ALLIANCE FOR PEACE.

  (a) Findings.--Congress finds that--
          (1) Edward Teller of the United States and Igor 
        Kurchatov of the former Soviet Union were architects of 
        the nuclear weapons programs in their respective 
        countries;
          (2) these outstanding individuals both expressed a 
        longing for peace and opposition to war; and
          (3) as the United States and the Russian Federation 
        work together to redirect the nations of the world 
        towards the peaceful use of nuclear energy, seeking to 
        improve the quality of life for all human beings, it is 
        appropriate to establish an alliance for peace in the 
        names of Edward Teller and Igor Kurchatov.
  (b) Teller-Kurchatov Alliance for Peace.--(1) The Secretary 
of Energy shall seek to enter into an agreement with the 
Minister of Atomic Energy of the Russian Federation to carry 
out a cooperative venture, to be known as the Teller-Kurchatov 
Alliance for Peace, to develop and promote peaceful, safe, and 
environmentally sensitive uses of nuclear energy.
  (2) The cooperative venture referred to in paragraph (1) 
shall involve the national security laboratories of the 
National Nuclear Security Administration and the laboratories 
of the Ministry of Atomic Energy and the Kurchatov Institute of 
the Russian Federation.
  (3) The cooperative venture shall be directed by two co-
chairs, one each from the United States and the Russian 
Federation. The co-chair from the United States shall serve for 
a term of two years and shall be designated by the 
Administrator for Nuclear Security from among officials of the 
three national security laboratories, with each laboratory 
represented on a rotating basis.

SEC. 3666. NONPROLIFERATION FELLOWSHIPS.

  (a) In General.--(1) From amounts made available to carry out 
this section, the Administrator for Nuclear Security may carry 
out a program under which the Administrator awards, to 
scientists employed at the Kurchatov Institute of the Russian 
Federation and Lawrence Livermore National Laboratory, 
international exchange fellowships, to be known as Teller-
Kurchatov Fellowships, in the nuclear nonproliferation 
sciences.
  (2) The purpose of the program shall be to provide 
opportunities for advancement in the field of nuclear 
nonproliferation to scientists who, as demonstrated by their 
academic or professional achievements, show particular promise 
of making significant contributions in that field.
  (3) A fellowship awarded to a scientist under the program 
shall be for study and training at (and, where appropriate, at 
an institution of higher education in the vicinity of)--
          (A) the Kurchatov Institute, in the case of a 
        scientist employed at Lawrence Livermore National 
        Laboratory; and
          (B) Lawrence Livermore National Laboratory, in the 
        case of a scientist employed at the Kurchatov 
        Institute.
  (4) The duration of a fellowship under the program may not 
exceed two years. The Administrator may provide for a longer 
duration in an individual case to the extent warranted by 
extraordinary circumstances, as determined by the 
Administrator.
  (5) In a calendar year, the Administrator may not award more 
than--
          (A) one fellowship to a scientist employed at the 
        Kurchatov Institute; and
          (B) one fellowship to a scientist employed at 
        Lawrence Livermore National Laboratory.
  (6) A fellowship under the program shall include--
          (A) travel expenses;
          (B) any tuition and fees at an institution of higher 
        education for study or training under the fellowship; 
        and
          (C) any other expenses that the Administrator 
        considers appropriate, such as room and board.
  (b) Funding.--Amounts available to the Department of Energy 
for defense nuclear nonproliferation activities shall be 
available for the fellowships authorized by subsection (a).
  (c) Definitions.--In this section--
          (1) the term ``institution of higher education'' 
        means a college, university, or other educational 
        institution that is empowered by an appropriate 
        authority, as determined by the Administrator, to award 
        degrees higher than the baccalaureate level;
          (2) the term ``nuclear nonproliferation sciences'' 
        means bodies of scientific knowledge relevant to 
        developing or advancing the means to prevent or impede 
        the proliferation of nuclear weaponry; and
          (3) the term ``scientist'' means an individual who 
        has a degree from an institution of higher education in 
        a science that has practical application in the field 
        of nuclear nonproliferation.

                       Subtitle D--Other Matters

SEC. 3681. PROMOTION OF DISCUSSIONS ON NUCLEAR AND RADIOLOGICAL 
                    SECURITY AND SAFETY BETWEEN THE INTERNATIONAL 
                    ATOMIC ENERGY AGENCY AND THE ORGANIZATION FOR 
                    ECONOMIC COOPERATION AND DEVELOPMENT.

  (a) Findings.--Congress finds that--
          (1) cooperative programs to control potential threats 
        from any fissile and radiological materials, whatever 
        and wherever their sources, should be expanded to 
        include additional states and international 
        organizations; and
          (2) addressing issues of nuclear weapons and 
        materials, as well as the issue of radiological 
        dispersal bombs, in new forums around the world is 
        crucial to the generation of innovative mechanisms 
        directed at addressing the threats.
  (b) Sense of Congress Regarding Initiation of Dialogue 
Between the IAEA and the OECD.--It is the sense of Congress 
that--
          (1) the United States should seek to initiate 
        discussions between the International Atomic Energy 
        Agency and the Organization for Economic Cooperation 
        and Development for the purpose of exploring issues of 
        nuclear and radiological security and safety, including 
        the creation of new sources of revenue (including debt 
        reduction) for states to provide nuclear security; and
          (2) the discussions referred to in paragraph (1) 
        should also provide a forum to explore possible sources 
        of funds in support of the G-8 Global Partnership 
        Against the Spread of Weapons and Materials of Mass 
        Destruction.
  (c) Report.--Not later than 12 months after the date of the 
enactment of this Act, the President shall submit to Congress a 
report on--
          (1) the efforts made by the United States to initiate 
        the discussions described in subsection (b);
          (2) the results of those efforts; and
          (3) any plans for further discussions and the 
        purposes of such discussions.
                              ----------                              


12. An Amendment To Be Offered by Representative Rogers of Michigan, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title XII (page 384, after line 3), insert the 
following new section:

SEC. ____. ASSISTANCE TO IRAQI CHILDREN INJURED DURING OPERATION IRAQI 
                    FREEDOM.

  (a) Assistance.--The Secretary of Defense shall, to the 
maximum extent practicable, provide all necessary support in an 
expeditious manner to assist Iraqi children who were injured 
during Operation Iraqi Freedom.
  (b) Additional Requirements.--Assistance described in 
subsection (a) may be provided to a child only if adequate 
treatment from other sources in Iraq or neighboring countries 
is not available and only after completion of an evaluation by 
a physician or other appropriate medical personnel of the 
United States Armed Forces. In addition, assistance described 
in subsection (a) may be provided only if it would not 
adversely affect military operations of the United States.
  (c) Definition.--In this section, the term ``Operation Iraqi 
Freedom'' means operations of the United States Armed Forces, 
the armed forces of the United Kingdom, and the armed forces of 
other coalition member countries initiated on or about March 
19, 2003--
          (1) to disarm Iraq of its weapons of mass 
        destruction;
          (2) to enforce United Nations Security Council 
        Resolution 1441 (November 8, 2002) and other relevant 
        Security Council resolutions with respect to Iraq; and
          (3) to liberate the people of Iraq from the regime of 
        Saddam Hussein.
                              ----------                              


13. An Amendment To Be Offered by Representative Upton of Michigan, or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle B of title VI (page 172, after line 
19), insert the following new section:

SEC. ____. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER PAY FOR 
                    RESERVE COMPONENT MEMBERS SERVING IN RESPONSE TO 
                    CERTAIN DOMESTIC TERRORIST ATTACKS.

  (a) Availability of Special Pay.--Subsection (a)(2) of 
section 310 of title 37, United States Code, as amended by 
section 616 of this Act, is amended--
          (1) by striking ``or'' at the end of subparagraph 
        (C);
          (2) by redesignating subparagraph (D) as subparagraph 
        (E); and
          (3) by inserting after subparagraph (C) the following 
        new subparagraph (D):
          ``(D) was on duty as a first responder, or as a 
        member assigned to accompany or protect first 
        responders, to a terrorist attack on the United States 
        regarding which there is an immediate threat of 
        physical harm or imminent danger as a result of direct 
        or residual effects of the attack or potential 
        secondary attacks; or''.
  (b) First Responder Defined.--Such section is further amended 
by adding at the end the following new subsection:
  ``(e) First Responder Defined.--In this section, the term 
`first responder' means a member of the uniformed services who, 
as part of the member's assigned duties, is expected to arrive 
at the site of a terrorist attack within 12 hours after the 
attack.''.
                              ----------                              


 14. An Amendment To Be Offered by Representative Vitter of Louisiana, 
               or His Designee, Debatable for 10 Minutes

  At the end of section 3517 (page 615, after line 12) add the 
following new subsection:
  (c) Telecommunications Equipment.--The telecommunications and 
other electronic equipment on an existing vessel that is 
redocumented under the laws of the United States for operation 
under an operating agreement under this subtitle shall be 
deemed to satisfy all Federal Communications Commission 
equipment certification requirements, if--
          (1) such equipment complies with all applicable 
        international agreements and associated guidelines as 
        determined by the country in which the vessel was 
        documented immediately before becoming documented under 
        the laws of the United States;
          (2) that country has not been identified by the 
        Secretary as inadequately enforcing international 
        regulations as to that vessel; and
          (3) at the end of its useful life, such equipment 
        will be replaced with equipment that meets Federal 
        Communications Commission equipment certification 
        standards.
                              ----------                              


15. An Amendment To Be Offered by Representative Hunter of California, 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle B of title I (page 20, after line 24), 
insert the following new section:

SEC. 112. CONFIGURATION OF FOURTH STRYKER BRIGADE COMBAT TEAM.

  (a) Configuration, Lethality Enhancements, and 
Sustainability.--The Secretary of the Army shall configure the 
fourth Stryker brigade combat team so that that brigade combat 
team provides the commanders of combatant commands with 
enhanced combat capability and sustainability well beyond the 
combat and sustainment capabilities provided by any one of the 
first three fielded Stryker brigade combat teams.
  (b) Funds.--The amount provided in section 101(3) is hereby 
increased by $100,000,000, to be available for procurement of 
additional lethality and sustainability enhancements for the 
fourth Stryker brigade combat team.
  (c) Options for Consideration.--In the execution of the funds 
provided pursuant to subsection (b)(1), the Secretary of the 
Army shall include among the enhancements considered for the 
configuration of the fourth Stryker brigade combat team 
enhancement with heavy armored vehicles, with additional heavy 
attack helicopters, with additional reconnaissance and attack 
helicopters, and with indirect fire artillery capabilities, or 
with any combination thereof.
  (d) Report Required.--Not later than 30 days after the date 
of the enactment of this Act, the Secretary of the Army shall 
submit to the congressional defense committees a report that 
details the additional types of lethality and sustainability 
enhancements that will be fielded as part of the new 
configuration of the fourth Stryker brigade combat team.
  At the end of subtitle A of title II (page 30, after line 7), 
insert the following new section:

SEC. 203. PROGRAM INCREASES.

  (a) Computer-Assisted Medical Diagnostic Technology.--The 
amount provided in section 201(1) for research, development, 
test, and evaluation, Army, is hereby increased by $3,000,000, 
to be available for Medical Advanced Technology in Program 
Element 0603002A for evaluation for potential use by Department 
of Defense medical treatment facilities of commercially 
available medical diagnostic technology that, using a digital 
chemical library and decision support software, can be used for 
diagnosis of dermatological diseases.
  (b) Lightweight Cartridge Cases for Ammunition.--The amount 
provided in section 201(1) for research, development, test, and 
evaluation, Army, is hereby increased by $3,000,000, to be 
available for Weapons and Munitions Advanced Technology in 
Program Element 0603004A for advanced technology development 
for lightweight cartridge cases for ammunition.
  (c) Aviation-Shipboard Information Technology.--The amount 
provided in section 201(2) for research, development, test, and 
evaluation, Navy, is hereby increased by $6,500,000, to be 
available for Shipboard Aviation Systems in Program Element 
0604512N to complete research and development for the Aviation-
Shipboard Information Technology Initiative.
  (d) AutoREAD.--The amount provided in section 201(2) for 
research, development, test, and evaluation, Navy, is hereby 
increased by $1,400,000, to be available for Shipboard Aviation 
Systems in Program Element 0604512N to complete research and 
development for the AutoREAD system for improving the accuracy 
and reducing the workload of collecting preventive maintenance 
data on aircraft launch and recovery systems.
  (e) SPIKE Urban Warfare System.--The amount provided in 
section 201(2) for research, development, test, and evaluation, 
Navy, is hereby increased by $5,000,000, to be available for 
the Marine Corps Advanced Technology Demonstrations in Program 
Element 0603640M for development and demonstration of the SPIKE 
urban warfare system.
  (f) Research in Hydrographic Sciences.--The amount provided 
in section 201(2) for research, development, test, and 
evaluation, Navy, is hereby increased by $3,250,000, to be 
available for Air/Ocean Tactical Applications advanced 
component development and prototyping in Program Element 
0603207N for hydrographic sciences research.
  (g) Shipboard Electronic Warfare Improvements.--The amount 
provided in section 201(2) for research, development, test, and 
evaluation, Navy, is hereby increased by $5,000,000, to be 
available for system development and demonstration for Tactical 
Command Systems in Program Element 0604231N for an at-sea 
demonstration for shipboard use of a variant of the F/A-22 
digital electronic warfare product improvement program.
  (h) Aerospace Sensors.--The amount provided in section 201(3) 
for research, development, test, and evaluation, Air Force, is 
hereby increased by $4,000,000, to be available for Aerospace 
Sensors in Program Element 0602204F for development of general 
purpose reconfigurable signal processors suitable for time 
critical sensor processing for broad military intelligence, 
surveillance, and reconnaissance applications.
  (i) Elemental Detector Technology Appraisal.--The amount 
provided in section 201(4) for research, development, test, and 
evaluation, Defense-Wide, is hereby increased by $2,000,000, to 
be available for Program Element 0603750D8Z, Advanced Concept 
Technology Demonstrations, to evaluate the capability of an 
elemental detector to provide directional cueing to 
concentrations of specific elements and compounds.
  (j) Mustard Gas Antidote.--The amount provided in section 
201(4) for research, development, test, and evaluation, 
Defense-wide, is hereby increased by $5,000,000, to be 
available for Chemical-Biological Defense Applied Research in 
Program Element 0603284BP for continuing applied research on an 
antidote for mustard gas.
  At the end of subtitle A of title III (page 45, after line 
21), insert the following new sections:

SEC. 304. COUNTEREXPLOITATION INITIATIVE.

  Within the amount authorized to be appropriated by section 
301(5) for operations and maintenance, Defense-wide, the amount 
for the United States Special Operations Command is hereby 
increased by $1,100,000, to be made available for the 
initiative for accurately tracing portable, sensitive items 
exported beyond the borders of the United States.

SEC. 305. REDUCTION IN AUTHORIZATION FOR AIR FORCE OPERATION AND 
                    MAINTENANCE ACCOUNT.

  The amount authorized to be appropriated in section 301(4) is 
hereby reduced by $135,500,000.
  In section 318, strike subsection (c) (page 62, line 21, 
through page 64, line 7) and insert the following new 
subsection:
  (c) Incidental Takings of Marine Mammals in Military 
Readiness Activities.--Section 101(a)(5) of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1371(a)(5)) is amended--
          (1) in subparagraph (A), by adding at the end the 
        following:
        ``Notwithstanding the preceding sentence, the Secretary 
        is not required to publish notice under this 
        subparagraph with respect to incidental takings while 
        engaged in a military readiness activity (as defined in 
        section 315(f) of Public Law 107-314; 16 U.S.C. 703 
        note) authorized by the Secretary of Defense, except in 
        the Federal Register.'';
          (2) in subparagraph (D), by adding at the end the 
        following new clause:
          ``(vi) Notwithstanding clause (iii), the Secretary is 
        not required to publish notice under this subparagraph 
        with respect to an authorization under clause (i) of 
        incidental takings while engaged in a military 
        readiness activity (as defined in section 315(f) of 
        Public Law 107-314; 16 U.S.C. 703 note) authorized by 
        the Secretary of Defense, except in the Federal 
        Register.''; and
          (3) by adding at the end the following new 
        subparagraph:
          ``(F) In determining whether a military readiness 
        activity (as defined in section 315(f) of Public Law 
        107-314; 16 U.S.C. 703 note) authorized by the 
        Secretary of Defense is in compliance with the 
        requirements of subparagraphs (A), (B), and (D), the 
        following references shall not apply:
                  ``(i) In subparagraph (A), `within a 
                specified geographical region' and `within that 
                region of small numbers'.
                  ``(ii) In subparagraph (B), `within a 
                specified geographical region' and `within one 
                or more regions'.
                  ``(iii) In subparagraph (D), `within a 
                specific geographic region', `of small 
                numbers', and `within that region'.''.
  In section 421, strike $98,938,511,000'' (page 83, line 23) 
and insert ``$98,634,511,000''.
  In section 1021(a), strike paragraph (10) (page 262, lines 7 
and 8).
  In section 1021(a), strike paragraph (29) (page 266, lines 4 
through 7).
  In section 1021(a), strike paragraph (34) (page 266, lines 16 
and 17).
  In section 1021, strike subsection (b) (page 2674, lines 22 
through 24).
  Page 342, starting on line 10, strike ``the Federal Employees 
Pay for Performance Act of 2003'' and insert ``the National 
Defense Authorization Act for Fiscal Year 2004''.
  Page 342, starting on line 25, strike ``sections 3 and 4 of 
the Federal Employees Pay for Performance Act of 2003,'' and 
insert ``section 1106 of the National Defense Authorization Act 
for Fiscal Year 2004,''.
  Page 343, line 19, strike ``(c)'' and insert ``(3)''.
  Page 344, line 3, strike ``subsection (c)(2)'' and insert 
``paragraph (2)''.
  Strike section 1109 (page 346, line 20 through page 348, line 
6) and insert the following:

SEC. 1109. CLARIFICATION OF HATCH ACT.

  No Federal employee or individual who, before the date of the 
enactment of this Act, was employed in the Office of the 
Department of Defense Inspector General and transferred to a 
Special Court sponsored by the United Nations pursuant to the 
authority described in section 3582(a) of title 5, United 
States Code, shall be subject to enforcement of the provisions 
of section 7326 of such title, except that this section shall 
not apply in the event that such employee or individual 
subsequently becomes reemployed in the civil service.
  In section 1201(d)(2), insert ``of such section'' after 
``subsection (a)'' (page 373, line 14).
  In section 1201(d)(3), strike ``each'' (page 373, line 18) 
and insert ``such''.
  Page 374, line 9, strike the fourth word.
  Strike section 1453 (page 427, line 12, through page 429, 
line 10).
  In section 1455(a), strike the matter preceding paragraph (1) 
(page 430, lines 11 through 14) and insert the following:
  (a) In General.--No contract awarded on a sole source basis 
for the procurement of items or services that are treated as or 
deemed to be commercial items pursuant to the amendments made 
by section 1441, 1444, or 1457 of this Act shall be exempt 
from--
  At the end of subtitle E of title XIV (page 433, after line 
20), insert the following new section:

SEC. 1457. AMENDMENTS RELATING TO FEDERAL EMERGENCY PROCUREMENT 
                    FLEXIBILITY.

  (a) Repeal of Sunset for Authorities Applicable to 
Procurements for Defense Against or Recovery From Terrorism or 
Nuclear, Biological, Chemical, or Radiological Attack.--Section 
852 of the Homeland Security Act of 2002 (Public Law 107-296; 
116 Stat. 2235) is amended by striking ``, but only if a 
solicitation of offers for the procurement is issued during the 
1-year period beginning on the date of the enactment of this 
Act''.
  (b) Applicability of Increased Simplified Acquisition 
Threshold.--(1) The matter preceding paragraph (1) of section 
853(a) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2235) is amended to read as follows:
  ``(a) Threshold Amounts.--For a procurement referred to in 
section 852, the simplified acquisition threshold referred to 
in section 4(11) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 403(11)) is deemed to be--''.
  (2) Subsections (b) and (c) of section 853 of such Act are 
repealed.
  (3) The heading of section 853 of such Act is amended to read 
as follows:

``SEC. 853. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR CERTAIN 
                    PROCUREMENTS.''.

  (4) The table of contents in section 1(b) of such Act is 
amended by striking the item relating to section 853 and 
inserting the following:

``Sec. 853. Increased simplified acquisition threshold for certain 
          procurements.''.
  (5) Section 18(c)(1) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 416(c)(1)) is amended--
          (A) by striking ``or'' at the end of subparagraph 
        (G);
          (B) by striking the period at the end of subparagraph 
        (H) and inserting ``; or''; and
          (C) by adding at the end the following:
          ``(I) the procurement is by the head of an executive 
        agency pursuant to the special procedures provided in 
        section 853 of the Homeland Security Act of 2002 
        (Public Law 107-296).''.
  (c) Applicability of Certain Commercial Items Authorities.--
(1) Subsection (a) of section 855 of the Homeland Security Act 
of 2002 (Public Law 107-296; 116 Stat. 2236) is amended to read 
as follows:
  ``(a) Authority.--With respect to a procurement referred to 
in section 852, the head of an executive agency may deem any 
item or service to be a commercial item for the purpose of 
Federal procurement laws.''.
  (2) Subsection (b)(1) of section 855 of such Act is amended 
by striking ``to which any of the provisions of law referred to 
in subsection (a) are applied''.
  (d) Extension of Deadline for Review and Report.--Section 
857(a) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2237) is amended by striking ``2004'' and 
inserting ``2006''.
  In section 2803(b)(2)(A), insert ``subsections'' after ``as'' 
(page 464, line 15).
  In section 2805(b), strike ``2822'' and insert ``2822(b)'' 
(page 472, line 18).
  At the end of subtitle C of title XXVIII (page 487, after 
line 23), insert the following new section:

SEC. ____. LAND CONVEYANCE, FORT BELVOIR, VIRGINIA.

  (a) Conveyance Required.--The Secretary of the Army shall 
convey, without consideration, to Fairfax County, Virginia (in 
this section referred to as the ``County''), all right, title, 
and interest of the United States in and to a parcel of real 
property, including any improvements thereon, consisting of 
approximately 10 acres at Fort Belvoir and known as the John 
McNaughton Memorial baseball fields for the purpose of 
permitting the County to use the property for recreational 
purposes.
  (b) Payment of Costs of Conveyance.--(1) The Secretary may 
require the County to cover costs to be incurred by the 
Secretary, or to reimburse the Secretary for costs incurred by 
the Secretary, to carry out the conveyance under subsection 
(a), including survey costs, costs related to environmental 
documentation, and other administrative costs related to the 
conveyance. If amounts are collected from the County in advance 
of the Secretary incurring the actual costs, and the amount 
collected exceeds the costs actually incurred by the Secretary 
to carry out the conveyance, the Secretary shall refund the 
excess amount to the County.
  (2) Amounts received as reimbursement under paragraph (1) 
shall be credited to the fund or account that was used to cover 
the costs incurred by the Secretary in carrying out the 
conveyance. Amounts so credited shall be merged with amounts in 
such fund or account, and shall be available for the same 
purposes, and subject to the same conditions and limitations, 
as amounts in such fund or account.
  (c) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to 
the Secretary.
  (d) Additional Terms and Conditions.--The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States.
  In section 3121(e)(5), insert ``, as amended by section 
3112,'' after ``926)'' (page 513, line 23).
  Page 537, line 23, strike the first close parenthesis.
  Page 544, line 13, insert ``Authorization'' after ``National 
Defense''.
  Page 557, line 9, strike ``(c)'' and insert ``(d)''.
  Page 560, line 24, insert open quotation marks before 
``Sec.''.
  Page 572, line 11, strike ``on'' and insert ``to Congress 
of''.
  Page 572, line 15, strike ``Fiscal Year''.
  Page 574, line 8, strike ``of'' the first place it appears 
and insert ``after''.
  Page 587, line 23, strike ``59'' and insert ``50''.
  Page 616, line 9, insert ``by redesignating the second 
subsection (e) as subsection (f), and'' after ``is amended''.
  Page 616, line 10, strike ``(e)'' and insert ``(g)''.
  Page 622, lines 15 and 16, strike ``(e)'' each place it 
appears and insert ``(g)''.
                              ----------                              


      16. An Amendment To Be Offered by Representative Simmons of 
         Connecticut, or His Designee, Debatable for 10 Minutes

  At the end of title X (page 333, after line 21), insert the 
following new section:

SEC. ____. ASSESSMENT OF EFFECTS OF SPECIFIED STATUTORY LIMITATIONS ON 
                    THE GRANTING OF SECURITY CLEARANCES.

  Not later than 60 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives an assessment of 
the effects of the provisions of section 986 of title 10, 
United States Code (relating to limitations on security 
clearances), on the granting (or renewal) of security 
clearances for Department of Defense personnel and defense 
contractor personnel. The assessment shall review the effects 
of the disqualification factors specified in subsection (c) of 
that section and shall include such recommendations for 
legislation or administrative steps as the Secretary considers 
necessary.
                              ----------                              


      17. An Amendment To Be Offered by Representative Tierney of 
        Massachusetts, or His Designee, Debatable for 10 Minutes

  Page 205, line 18, strike ``performed.'' and insert the 
following: ``performed, an explanation of the business 
rationale for why the decision was made to transfer the work 
outside the United States, and a certification of the specific 
percentage of the total contract to be performed outside the 
United States.''.
  Page 206, line 16, strike ``Representatives.'' and insert the 
following: ``Representatives, including the recommendations of 
the Secretary regarding how procurement from the United States 
defense industrial base can be maximized.''.
                              ----------                              


18. An Amendment To Be Offered by Representative Nadler of New York, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title XIII (page 393, after line 14), insert 
the following new section:

SEC. 1308. STUDY RELATING TO EX-SOVIET URANIUM AND PLUTONIUM.

  The Secretary of Defense shall submit a study to Congress not 
later than one year after the date of the enactment of this 
Act, examining the costs and benefits of purchasing all the ex-
Soviet weapons-grade uranium and plutonium in fiscal year 2005, 
and safeguarding it from smuggling or theft until it can be 
rendered unusable for weapons.
                              ----------                              


 19. An Amendment To Be Offered by Representative Porter of Nevada, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title III (page 79, after line 17), insert the 
following new section:

SEC. ____. DEPARTMENT OF DEFENSE PUBLIC HEALTH ASSESSMENT OF EXPOSURE 
                    TO PERCHLORATE.

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


   20. An Amendment To Be Offered by Representative LoBiondo of New 
           Jersey, or His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title XXVIII (page 477, after 
line 10), insert the following new section:

SEC. ____. ANNUAL REPORT ON MILITARY CONSTRUCTION REQUIREMENTS TO 
                    SUPPORT HOMELAND DEFENSE MISSIONS OF THE ARMED 
                    FORCES.

  As part of the annual defense authorization request required 
by section 113a(b) of title 10, United States Code, the 
Secretary of Defense shall include an assessment of the 
military construction requirements anticipated to be necessary 
to support the homeland defense missions of the Armed Forces 
for the fiscal year for which the defense authorization request 
is submitted, for the fiscal years covered by the then-current 
future-years defense plan under section 221 of such title, and 
for subsequent fiscal years.
                              ----------                              


21. An Amendment To Be Offered by Representative Kaptur of Ohio, or Her 
                   Designee, Debatable for 10 Minutes

  Page 220, after line 12, insert the following new section 
(and conform the table of contents accordingly):

SEC. 827. DATA COLLECTION AND TECHNICAL ASSISTANCE CENTER RELATING TO 
                    MACHINE TOOLS.

  (a) Collection of Data on Contracts Using Machine Tools.--The 
Secretary of Defense shall collect data in order to identify 
all contractors and subcontractors that use machine tools in 
carrying out any defense contract in an amount that is 
$5,000,000 or greater.
  (b) Technical Assistance Center.--The Secretary of Defense 
shall establish a center to provide technical assistance to 
machine tool companies in the United States, and entities that 
use machine tools, to seek guidance with respect to government 
contracting regulations, including compliance procedures, and 
opportunities for contracting with the Department of Defense. 
As part of the assistance provided through the center, the 
Secretary may provide information about defense contracts that 
are expected to be carried out through the use of machine 
tools.
                              ----------                              


22. An Amendment To Be Offered by Representative Kaptur of Ohio, or Her 
                   Designee, Debatable for 10 Minutes

  Page 220, after line 12, insert the following new section 
(and conform the table of contents accordingly):

SEC. 827. BUY AMERICAN ENHANCEMENT.

  Section 2533 of title 10, United States Code, is amended--
          (1) by redesignating subsection (b) as subsection 
        (c); and
          (2) by inserting after subsection (a) the following 
        new subsection (b):
  ``(b) In determining under section 2 of the Buy American Act 
(41 U.S.C. 10a et seq.) whether application of such Act is 
inconsistent with the public interest, the Secretary of Defense 
shall not consider the provisions of any trade agreement 
between the United States and a foreign country that is in 
effect at the time of the determination.''.
                              ----------                              


23. An Amendment To Be Offered by Representative Turner of Ohio, or His 
                   Designee, Debatable for 10 Minutes

  Strike section 1051 (page 323, line 4, through page 324, line 
20) and insert the following:

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

  (a) Assistance for Feasibility Study.--(1) The Secretary of 
Defense shall provide assistance to the nonprofit organization 
named United States Air and Trade Show Inc. for expenses of a 
study by that organization of the feasibility of the 
establishment and operation of a biennial United States 
international air trade show.
  (2) The Secretary shall provide for the organization 
specified in paragraph (1) to submit to the Secretary a report 
containing the results of the study not later than September 
30, 2004. The Secretary shall promptly submit the report to 
Congress, together with such comments on the report as the 
Secretary considers appropriate.
  (b) Assistance for Implementation.--If the organization 
conducting the study under subsection (a) determines that the 
establishment and operation of such an air show is feasible and 
should be implemented, the Secretary shall provide assistance 
to that organization for the initial expenses of implementing 
such an air show.
  (c) Amount of Assistance.--The amount of assistance provided 
by the Secretary under subsections (a) and (b)--
          (1) may not exceed a total of $1,000,000, to be 
        derived from amounts available for operation and 
        maintenance for the Air Force for fiscal year 2004; and
          (2) may not exceed one-half of the cost of the study 
        and may not exceed one-half the cost of such initial 
        implementation.
                              ----------                              


 24. An Amendment To Be Offered by Representative Kingston of Georgia, 
               or His Designee, Debatable for 10 Minutes

  At the end of title XXVIII (page 495, after line 6), insert 
the following new section:

SEC. ____. CONSIDERATION OF PUBLIC-ACCESS-ROAD ISSUES RELATED TO 
                    DISPOSAL OF PROPERTY AT MILITARY INSTALLATIONS 
                    UNDER BASE CLOSURE PROCESS.

  (a) 1988 Law.--Section 204(b)(2)(E) of the Defense 
Authorization Amendments and Base Closure and Realignment Act 
(Public Law 100-526; 10 U.S.C. 2687 note) is amended by adding 
at the end the following new sentence: ``If a military 
installation to be closed or placed in an inactive status under 
this title includes a road used for public access through, 
into, or around the installation, the consultation required by 
this subparagraph shall include a discussion of measures to 
ensure the continued availability of the road for public use 
after the installation is closed or placed in an inactive 
status.''.
  (b) 1990 Law.--Section 2905(b)(2)(D) of the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX of 
Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding 
at the end the following new sentence: ``If a military 
installation to be closed or placed in an inactive status under 
this part includes a road used for public access through, into, 
or around the installation, the consultation required by this 
subparagraph shall include a discussion of measures to ensure 
the continued availability of the road for public use after the 
installation is closed or placed in an inactive status.''.
                              ----------                              


25. An Amendment To Be Offered by Representative Hobson of Ohio, or His 
                   Designee, Debatable for 10 Minutes

  Part II of subtitle B of title VIII is amended by adding at 
the end (page 220, after line 12) the following new section:

SEC. 827. REQUIREMENT RELATING TO PURCHASES BY DEPARTMENT OF DEFENSE 
                    SUBJECT TO BUY AMERICAN ACT.

  In applying section 2 of the Buy American Act (41 U.S.C. 10a) 
to acquisitions by the Department of Defense, the term 
``substantially all'' shall mean at least 65 percent.
                              ----------                              


      26. An Amendment To Be Offered by Representative Hoeffel of 
        Pennsylvania, or His Designee, Debatable for 10 Minutes

  At the end of subtitle B of title XXVIII (page 479, before 
line 15), insert the following new section:

SEC. ____. SENSE OF CONGRESS ON DEMOLITION OF ARMY TACONY WAREHOUSE 
                    DEPOT SITE, PHILADELPHIA, PENNSYLVANIA.

  (a) Findings.--Congress finds the following:
          (1) The Department of Defense Appropriations Act, 
        2001 (Public Law 106-259; 114 Stat. 656), appropriated 
        $5,000,000 for the demolition of the Army Tacony 
        Warehouse depot site in Philadelphia, Pennsylvania, 
        operated by Fort Dix.
          (2) The Secretary of the Army has yet to implement 
        plans to demolish the Tacony warehouse.
  (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of the Army should take swift action to finally 
demolish the Tacony warehouse, as previously required by Act of 
Congress.
                              ----------                              


27. An Amendment To Be Offered by Representative Hostettler of Indiana, 
               or His Designee, Debatable for 10 Minutes

  In section 2534(a) of title 10, United States Code, as 
proposed to be added by section 821(a), strike ``Packaging in 
direct contact with meals'' (page 212, line 8) and insert: 
``Pre-formed retort packaging in direct contact with main 
entree meals''.
                              ----------                              


28. An Amendment To Be Offered by Representative Farr of California, or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle C of title III (page ____, after line 
____), insert the following new section:

SEC. ____. PERMANENT AUTHORITY FOR PURCHASE OF CERTAIN MUNICIPAL 
                    SERVICES AT INSTALLATIONS IN MONTEREY COUNTY, 
                    CALIFORNIA.

  (a) Authority.--Subject to subsection (b), public works, 
utility, and other municipal services needed for the operation 
of any Department of Defense asset in Monterey County, 
California, may be purchased from government agencies located 
in that county.
  (b) Prohibition on Purchase of Certain Services.--Section 
2465 of title 10, United States Code, relating to the purchase 
of firefighting or security-guard services at a military 
installation, applies with respect to the authority provided by 
subsection (a).
  (c) Conforming amendment.--Section 816 of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2820) is repealed.
                              ----------                              


 29. An Amendment To Be Offered by Representative Dicks of Washington, 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle C of title XXVIII (page ____, after 
line ____), insert the following new section:

SEC. ____. LAND CONVEYANCE, PUGET SOUND NAVAL SHIPYARD, BREMERTON, 
                    WASHINGTON.

  (a) Conveyance Authorized.--The Secretary of the Navy may 
convey to the City of Bremerton, Washington (in this section 
referred to as the ``City''), all right, title, and interest of 
the United States in and to a parcel of real property, 
including any improvements thereon, consisting of approximately 
2.8 acres at the eastern end of the Puget Sound Naval Shipyard, 
Bremerton, Washington, immediately adjacent to the Bremerton 
Transportation Center.
  (b) Consideration.--As consideration for the conveyance under 
subsection (a), the City, directly or through an agreement with 
another entity, shall replace administrative space on the 
parcel to be conveyed by renovating for new occupancy 
approximately 7,500 square feet of existing space in Building 
433 at Naval Station, Bremerton, Washington, at no cost to the 
United States, in accordance with plans and specifications 
acceptable to the Secretary. In lieu of any portion of such 
renovation, the Secretary may accept other facility alteration 
or repair of not less than equal value.
  (c) Payment of Costs of Conveyance.--(1) The Secretary shall 
require the City to cover costs to be incurred by the 
Secretary, or to reimburse the Secretary for costs incurred by 
the Secretary, to carry out the conveyance under subsection 
(a), including survey costs, costs related to environmental 
documentation, and other administrative costs related to the 
conveyance. If amounts are collected from the City in advance 
of the Secretary incurring the actual costs, and the amount 
collected exceeds the costs actually incurred by the Secretary 
to carry out the conveyance, the Secretary shall refund the 
excess amount to the City.
  (2) Amounts received as reimbursement under paragraph (1) 
shall be credited to the fund or account that was used to cover 
the costs incurred by the Secretary in carrying out the 
conveyance. Amounts so credited shall be merged with amounts in 
such fund or account, and shall be available for the same 
purposes, and subject to the same conditions and limitations, 
as amounts in such fund or account.
  (d) Environmental Conditions.--The Secretary may use funds 
available in the Environmental Restoration Account, Navy to 
carry out the environmental remediation of the real property to 
be conveyed under subsection (a). Such environmental 
remediation shall be conducted in a manner consistent with 
section 120 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620), 
including the requirement to consider the anticipated future 
land use of the parcel.
  (e) Exemption From Federal Screening.--The conveyance 
authorized by subsection (a) is exempt from the requirement to 
screen the property for other Federal use pursuant to sections 
2693 and 2696 of title 10, United States Code.
  (f) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to 
the Secretary.
  (g) Additional Terms and Conditions.--The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States.
                              ----------                              


 30. An Amendment To Be Offered by Representative Crenshaw of Florida, 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle D of title XXXV (page 627, after line 
25), add the following:

SEC.    . AUTHORITY TO CONVEY NDRF VESSELS AND VESSEL CONTENTS.

  (a) In General.--Notwithstanding any other law, the Secretary 
of Transportation may convey the right, title, and interest of 
the United States Government in and to any or all of the 
vessels USS ORION (AS-18), USS HOWARD W. GILMORE (AS-16), USS 
SPERRY (AS-12), USS NEREUS (AS-17), USS PROTEUS (XAS-19), and 
S.S. HATTIESBURG VICTORY (number 248651), a barge and its 
inventoried contents (YFNB 4, also known as SSE-512), and the 
contents (Victory class spares) that have been removed from the 
S.S. CATAWBA VICTORY, to Beauchamp Tower Corporation (a not-
for-profit corporation, in this section referred to as the 
``recipient'') for use as moored support ships for the 
corporation and as memorials to the Fulton class ships and the 
Victory class ships, if--
          (1) the vessel is not used for commercial 
        transportation purposes;
          (2) the recipient agrees to make the vessel available 
        to the Government when the Secretary requires use of 
        the vessel by the Government;
          (3) the recipient agrees that when the recipient no 
        longer requires the vessel for use as a moored support 
        ship for the corporation and as a memorial to the 
        Fulton class ships and the Victory class ships--
                  (A) the recipient shall, at the discretion of 
                the Secretary, reconvey the vessel to the 
                Government in good condition except for 
                ordinary wear and tear; or
                  (B) if the Board of Trustees of the recipient 
                has decided to dissolve the recipient according 
                to the laws of the State of Florida, then--
                          (i) the recipient shall distribute 
                        the vessel, as an asset of the 
                        recipient, to a person that has been 
                        determined exempt from taxation under 
                        section 501(c)(3) of the Internal 
                        Revenue Code, or to the Federal 
                        Government or a State or local 
                        government for a public purpose; and
                          (ii) the vessel shall be disposed of 
                        by a court of competent jurisdiction of 
                        the county in which the principal 
                        office of the recipient is located, for 
                        such purposes as the court shall 
                        determine, or to such organizations as 
                        the court shall determine are organized 
                        exclusively for public purposes;
          (4) the recipient agrees to hold the Government 
        harmless for any claims arising from exposure to 
        asbestos after conveyance of the vessel, except for 
        claims arising from use by the Government under 
        paragraph (2) or (3); and
          (5) the recipient has available, for use to restore 
        the vessel, in the form of cash, liquid assets, a 
        written loan commitment, or financial resources--
                  (A) except as provided in subparagraph (B), 
                of at least $1,500,000 for each vessel 
                conveyed; and
                  (B) at least $50,000 for each barge with 
                contents conveyed.
  (b) Delivery of Vessel.--If a conveyance of a vessel is made 
under this section, the Secretary shall deliver the vessel at 
the place where the vessel is located on the date of the 
enactment of this Act, in its present condition, without cost 
to the Government.
  (c) Management of Vessels Pending Conveyance.--
          (1) 2-year holding period.--The Secretary shall 
        remove all vessels authorized to be conveyed under this 
        section from the scrapping disposal list for a period 
        of 2 years.
          (2) Disposal at end of holding period.--If a vessel 
        has not been received and transported from its 
        conveyance location by the recipient before the end of 
        such 2-year period, the Secretary may dispose of the 
        vessel as the Secretary determines to be appropriate.
          (3) Disposal during holding period.--Notwithstanding 
        paragraph (1), the Secretary may dispose of a vessel 
        authorized to be conveyed under this section during the 
        2-year period provided for in paragraph (1), if it is 
        determined that the vessel is in danger of sinking or 
        presents an immediate critical hazard to the National 
        Defense Reserve Fleet or environmental safety.
  (d) Other Unneeded Equipment.--The Secretary may convey to 
the recipient any unneeded equipment, materials, and spares 
from other vessels or in storage with the Maritime 
Administration and the National Defense Reserve Fleet, for the 
recipient's use, including the restoration and refit of the 
vessels conveyed under this section and to assist other vessel 
museums.
  (e) Retention of Vessel in NDRF.--The Secretary shall retain 
in the National Defense Reserve Fleet each vessel authorized to 
be conveyed under subsection (a), until the earlier of--
          (1) 2 years after the date of the enactment of this 
        Act; or
          (2) the date of conveyance of the vessel under 
        subsection (a).

                                
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