May 13, 2003 sees Congressional Record publish “STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS”

Volume 149, No. 71 covering the 1st Session of the 108th Congress (2003 - 2004) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the Environmental Protection Agency was published in the Senate section on pages S6078-S6142 on May 13, 2003.

The publication is reproduced in full below:

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. ENZI (for himself, Mr. Dorgan, Mr. Johnson, Mr. Daschle,

Mr. Thomas, and Mr. Conrad):

S. 1044. A bill to amend the Packers and Stockyards Act, 1921, to prohibit the use of certain anti-competitive forward contracts; to the Committee on Agriculture, Nutrition, and Forestry.

Mr. ENZI. Mr. President, we are having a crisis in the West. Actually, we are having a crisis anywhere that there are people who raise livestock. The crisis comes about as a result of neither fair trade nor free trade--in fact, the elimination of both. This bill is designed to make a correction in that. It is a clarification. I do not think the clarification would be necessary if enforcement were done, but this bill will clearly set out that a part of the problem can be solved.

Part of the crisis that particularly the small farmers and ranchers who raise livestock have is the drought we are having in the West. We are in the fourth year of a drought right now. That is resulting in a lot of for sale and auction signs going up on ranches. This is partly because they are not getting the proper price for their product. It is a controlled market; it is not a free market.

To bring it to a level that more people would understand, imagine trying to sell a house where the U.S. tradition might have changed so that everybody worked through a realtor, or at least 80 percent of the people worked through a realtor, and the realtor did not really show the house to other people. The realtor bought the house and then put it on the market themselves. The realtor had the capability to set the market price because of the other houses they owned.

That is what is happening with captive supply. There are a lot of technicalities to it. I sincerely hope my colleagues will take a look at it and understand it a little bit. It is very difficult. It is very detailed. It is very complicated to understand, but it is very important to understand. It is important to understand on behalf of the ranchers and consumers.

Now, one would think that if the price were being driven down for the rancher, those of us buying meat at the supermarket would get it for less. But if one tracks the price the ranchers are getting and the price the consumers are paying when the price goes down for the rancher, everything stays level for the consumer. So where is the money going? It is staying in the middle somewhere. We know where it is staying, and we know why it is staying, and it is control of the market. We do not usually allow that in the United States, but in this instance we allow it.

So 80 percent of the market is controlled by four packers, and they set the price. They set it in a way that the rancher has no control over it whatsoever. So the ones suffering this drought and suffering all the risk are the ones receiving the least money from the entire process. We do not believe in that in America. My bill is designed to change that.

Packers who practice price discrimination toward some producers and provide undue preferences to other producers are clearly in violation of the current law, but this law is not being enforced. What we are left with is unenforced laws or no laws at all to protect the independent producer. Since the Packers and Stockyards Act is not being enforced, and the cost to enforcing the law on a case-by-case basis in the courts is expensive and time consuming, today I propose the Senate take action.

Most laws require enforcement. They are like speed limits on a country road. No one pays attention to the sign unless the driver is sharing the road with an agent of the law who will enforce it--like a police car. This section of the Packers and Stockyards Act is like a sign on the road of commerce that no one is paying any attention to because the police are too busy doing something else.

The bill I am introducing today is not just another sign on the road, it is a speed bump. It does not just warn cars to go slower, it makes it more difficult for them to speed. Does it solve the whole problem? No, but it is one speed bump on the way to solving the problem.

My bill does two things to create the speed bump. It requires that livestock producers have a fixed base price in their contracts. It also puts these contracts up for bid in the open market where they belong. Under this bill, forward contracts and marketing agreements must contain a fixed base price on the day the contract is signed. Now, in other businesses, that sounds like how we already operate. But it is not the way the packer operates. Producers are only given a contract that says they will get a certain dollar above the average at the time of the slaughter. And then if the person who controls the market drives the price down, the average can be well below what they ever anticipated it would be.

Under this bill, forward contracts and marketing agreements must contain a fixed base price on the day the contract is signed. This prevents packers from manipulating the base price after the point of sale. You may hear allegations that this bill ends quality-driven production, but it does not prevent adjustments to the base price after slaughter for quality grade or other factors outside packer control. It prevents packers from changing the base price based on the factors they do control.

Contracts that are based on the futures market are also exempted from the bill's requirements. In an open market, buyers and sellers would have the opportunity to bid against each other for contracts and could witness bids that are made and accepted. That would be pretty unique if they knew what the prices were on the products, particularly when it is captive supply. Whether they take the opportunity to bid or not is their choice. The key is they have the access to do so.

I have worked on a number of bills and we have had success getting them through the Senate, and then the lobbying effort in conference knocks them out. That has sincerely convinced me there is a controlled market. Every attempt we make to provide a little speed bump is taken out and it is usually in conference. It usually passes the House, passes the Senate--not in identical form--but it has trouble in the conference committee. That is because there are a lot more lobbyists for the packers than there are for the small ranchers and livestock producers.

My bill also limits the size of the contracts to the rough equivalent of a load of livestock, meaning 40 cattle or 30 swine. It does not limit the number of contracts that will be offered by any individual. This key portion prevents small- and medium-

sized livestock producers like those found in Wyoming from being shut out of deals containing thousands of livestock per contract. The more animals you have in the contract, the less likely it is that people can freely participate in the bidding process. It eliminates people.

We are sticking a small number of animals in each contract, but lots of contracts will help us to arrive at a more fair price for the livestock. Requiring a firm base price and an open and transparent market ends the potential for price discrimination, price manipulation, and undue preferences, the things mentioned in that 1921 act.

These are not the only benefits in my bill. It also preserves the very useful risk management tool that contracts provide to livestock producers. Contracts help producers plan and prepare for the future. My bill makes contracts and marketing agreements an even better risk management tool because it solidifies the base price for the producer. He is not guessing what he will sell it for; he has an exact price. Once the agreement is made, a producer can have confidence on shipping day in his ability to feed his family during the next year because he will know in advance how much he can expect to receive for his livestock.

This bill also encourages electronic trading. An open and public market would function much like the stock market where insider trading is prohibited. The stock market provides a solid example of how electronic livestock trading can work to the benefit of everyone involved. For example, price discovery in an open and electronic market is automatic. We tried a number of things to get price discovery so that the producers out there would have an idea what the true market is, whether it is being bought from other producers or being bought out of the captive supply. Every attempt we have made has been thwarted. They have found ways to put little loopholes in regulations so they do not have to report prices. That is not fair. It does not provide an open market.

Captive supply is still weighing on the minds and hurting the pocketbooks of ranchers in Wyoming and across the United States. Wyoming ranchers encourage me to keep up the good fight on this issue on every trip I make to my home State. I wish I had time to share some of the heartrending stories of the way they have been taken to the cleaners on these unique contracts they are forced to sign if they want to be able to sell their product.

The economic soul of Wyoming is built on the foundation of small towns and small businesses. All livestock producers, even small and medium ones, should have a fair chance to compete in an honest game that allows them to get the best price possible for their product. We must do everything we can to keep our small producers in business and protect the consumers. If there was a fluctuation out here on the other end where the consumer is, we might not have quite the same concern, but the consumer is not getting the benefit of this fixed market. So we need to change the fixed market.

We need to change captive supply. My bill removes one of the largest obstructions preventing livestock producers from competing, and that is formula price contracts. I ask my colleagues to assist me in giving their constituents and mine the chance to perform on a level playing field. It will help the economy of the entire United States. I ask for your help on this bill. We will be circulating some letters and further explanations so that we can have cosponsors; and pass the bill unanimously, I hope. I know that is a little difficult to obtain around here, but this is a very important issue and every State has livestock producers. It is time we took care of the livestock producers in a way that did not cost us a lot through enforcement.

I would love to see improved enforcement. I know there are other priority issues on enforcement, particularly since September 11, so I have tried to bring a little speed bump to provide accurate pricing. I ask for your help on the bill.

To reiterate:

Whenever there is a crisis the media has always served to focus the Nation's attention on the problem and who has been affected by it. Then it has been up to us, in the Congress, to review the problem and determine whether or not there was anything we could do to ease the suffering and repair the damage to someone's property and their livelihood.

Most of the time, when the media spots a crisis it is of such a magnitude that the pictures we see of the suffering are devastating and powerful. The images clearly cry out to us to take action and do what we can to restore, as much as possible, the lives of these people to normalcy.

We have all seen in these past few days the pictures of the devastating tornadoes that have wreaked havoc wherever they have touched down. Story after story has appeared in print and on television showing property destroyed, places of business torn in pieces, jobs in jeopardy and lives forever changed by the fury of a few moments of severe weather. Tornadoes do not last a long time, but they leave a path of devastation in their wake that leaves those affected by it forever changed.

Our thoughts and prayers go out to all of those who have been so affected and our hopes that they will be able to put their lives back together and go on as difficult as that will be to do.

As we view the devastation of those tornadoes, there are those in my State who have seen their livelihoods drastically affected by weather and unfair market policy, but they have not been so visible to us because we have not seen their faces on the nightly news or read their stories in the national newspapers. That is because not everyone who has seen their livelihood so drastically affected can be portrayed with quite the same kind of powerful images that depict those who have been touched by the ravages of severe weather patterns. Some problems that destroy livelihoods and weaken industries are far more subtle and more difficult to track.

Instead of being destroyed by a single blow, the industry I am referring to is being slowly put to death by the cruelest of methods--

thousands of small cuts brought on by the lethal combination of several years of drought, ambiguous regulations that are too easily taken advantage of and the lax enforcement of existing law which has allowed for the manipulation of the system to one group's advantage.

Our Nation's ranching industry is in trouble, and, due to the slower pace with which it has been affected, the only stark images we will see of the intensity of the problem are the ``for sale'' or ``up for auction'' signs that acknowledge the closing of a family owned ranch and the end of a family's dream that lasted for generations as the land and the business was handed down for many, many years.

Right now, as I speak, if you are a rancher in the West, you have two major problems affecting your ability to earn a living and provide for your family. The first is the continuing drought which has made it so difficult for ranchers to tend their cattle and provide them with good, affordable grazing.

The second is a regulatory nightmare that has held livestock producers captive by the chains of unfair and manipulative contracts. It is this regulatory nightmare that must be addressed, and which brings me to the floor today as I offer legislation to break the chains and require livestock contracts to contain a fixed base price and be traded in open, public markets.

So, what is this regulation that is destroying the health of our family ranchers? It's a practice called ``captive supply,'' a business practice not well known to those outside of the industry, but a practice that has had a tremendous impact on the ranchers of the West.

If you have not heard about the problem, I must point out that our ranchers have tried to bring it to our attention, but we have not fully focused on their needs. Whenever I travel to Wyoming, or hold a town meeting, or go over the week's mail that I receive from my constituents, I hear the cries for help from our ranchers in Wyoming, and throughout the West. One by one, and without exception, they are all clamoring for attention and relief so they can continue the work that so many in their family have done for so many years.

I could bring a stack of letters that come from people all across my State about the problems they face. But, in the interest of time, I will read a small excerpt from one that will give you an idea of how bad things are in the ranching industry as our ranchers try to deal with captive supply.

A letter I received from a rancher in Lingle said that the issue of captive supply needed to be reviewed and addressed because it was

``slowly but surely putting small farmers/feeders out of business.'' He then added:

Until the existing laws are enforced in this area of illegal activities, all other plans or laws will be of very little consequence.

So what is captive supply and how is it harming our Nation's ranchers to such an extent? Simply put, captive supply refers to the ownership by meat packers of cattle or the contracts they issue to purchase livestock. It is done to ensure that packers will always have a consistent supply of livestock for their slaughterlines.

The original goal of captive supply makes good business sense. All businesses want to maintain a steady supply of animals to ensure a constant stream of production and control costs.

But captive supply allows packers to go beyond good organization and business performance--to market manipulation--and this is where the problem lies.

The packing industry is highly concentrated. Four companies control more than half of all U.S. hog slaughter and more than 80 percent of U.S. fed cattle slaughter. Using captive supply and the market power of concentration, packers can purposefully drive down the prices by refusing to buy in the open market. This deflates all livestock prices and limits the market access of producers that have not aligned with specific packers.

We made an attempt to address the problem of captive supply on the Senate floor, but the amendment to ban packer ownership of livestock more than 14 days before slaughter did not survive the conference committee on the farm bill. However, the problems caused by captive supplies are alive and well, just as Wyoming producers have testified to me in the phone calls, letters, faxes and emails I receive from them. Although I supported the packer ban and still do, I do not think that banning packer ownership of livestock will solve the entire captive supply problem. Packers are using numerous methods beyond direct ownership to control cattle and other livestock.

Currently, packers maintain captive supply through various means including direct ownership, forward contracts, and marketing agreements. The difference between the three is subtle, so let me take a moment to describe how they differ. Direct ownership refers to livestock owned by the packer. In forward contracts, producers agree to the delivery of cattle one week or more before slaughter with the price determined before slaughter. Forward contracts are typically fixed, meaning the base price is set.

As with forward contracts, marketing agreements also call for the delivery of livestock more than one week before slaughter, but the price is determined at or after slaughter. A formula pricing method is commonly used for cattle sold under marketing agreements. In formula pricing, instead of a fixed base price, an external reference price, such as the average price paid for cattle at a certain packing plant during one week, is used to determine the base price of the cattle. I find this very disturbing because the packer has the ability to manipulate the weekly average at a packing plant by refusing to buy in the open market. Unfortunately, marketing agreements and formula pricing are much more common than forward contracts.

In fact, the data published by USDA's Agricultural Marketing Service indicates that in the first week of May 2003, 39,149 of the cattle slaughtered were sold through a forward contract. By comparison, 207,955 of the cattle slaughtered were marketed through formula pricing marketing agreements. Packers were using five times as many formula pricing marketing agreements as forward contracts to purchase their slaughter cattle. As we can see, packers use more marketing agreements because of the advantages those ambiguous contracts give them over producers.

In the same week, 36,899 of the cattle slaughtered were directly owned by packers. These numbers demonstrate that the problem of captive supply is far more extensive than just packer ownership. In the first week of May, packer owned cattle only comprised 13 percent of captive cattle slaughtered. This is why we must act to solve the entire captive supply problem.

I realize it may be difficult to grasp the seriousness of the situation if you are not familiar with the cattle market. Most of us have not signed a contract to sell a load of livestock, but many of us have sold a house. To illustrate the seriousness of the problem, let's explore how you would sell a house using a formula-priced contract in a market structured like the current livestock market.

It is May, and you know you will be selling your home in September. As a wise seller, you want to find a buyer for your home before that time. It turns out that other people do not really buy homes from each other anymore. In fact, four main companies have taken over 80 percent of all real estate transactions. You really have no choice but to deal with one of these companies.

One of them offers you a contract, stating you will receive $10,000 over the average price of what other, similar homes are selling for in your area in September. To manage your risk and ensure a buyer, you have just been practically forced to sign a contract that doesn't specify how much you will receive for your house.

That tingle of fear in the pit of your stomach becomes full-fledged panic when you close the deal in September. You see, the four real estate companies have been planning ahead. They decide to pull away from the market. All the homes selling in September that are not contracted to the companies flood the market and the price for homes in your area drops $12,000. By trying to manage your risk, you sold your home for $2,000 below average.

As a homeowner, you would be outraged, wouldn't you? You would want to know why anyone had the ability to legally take advantage of you. Livestock producers have the same questions when they lose to the market pressures applied by captive supply. Captive supply gives packers the ability to discriminate against some producers. And those producers pay for it with their bottom line. At the same time, packers use contracts and marketing agreements to give privileged access and premiums to other producers regardless of the quality of their product. These uses of captive supply should be illegal. In fact, they are.

Section 202 of the Packers and Stockyards Act states in (3) (a) and

(b):

It shall be unlawful for any packer with respect to livestock . . . to:

(a) Engage in or use any unfair, unjustly discriminatory, or deceptive practice or device; or

(b) Make or give any undue or unreasonable preference or advantage to any particular person or locality in any respect, or subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect.

Packers who practice price discrimination toward some producers and provide undue preferences to other producers are clearly in violation of the law. But this law is not being enforced. So what we are left with are unenforced laws or no laws at all to protect the independent producer. Since the Packers and Stockyards Act is not being enforced and the cost of enforcing the law on a case-by-case basis in the courts is expensive and time-consuming, today I propose that the Senate take action.

Most laws require enforcement. They are like speed limits on a country road. No one pays the sign any attention unless the driver is sharing the road with an agent of the law who will enforce it--like a police car. This section of the Packers and Stockyards Act is like a sign on the road of commerce that no one is paying attention to because the police are busy doing something else. The bill I am introducing today is not just another sign on the road. It is a speed bump. It does not just warn cars to go slower, it makes it much more difficult for them to speed.

My bill does two things to create the speed bump. It requires that livestock producers have a fixed base price in their contracts. It also puts these contracts up for bid in the open market where they belong.

Under this bill, forward contracts and marketing agreements must contain a fixed, base price on the day the contract is signed. This prevents packers from manipulating the base price after the point of sale. You may hear allegations that this bill ends quality-driven production, but it does not prevent adjustments to the base price after slaughter for quality, grade or other factors outside packer control. It prevents packers from changing the base price based on factors that they do control. Contracts that are based on the futures market are also exempted from the bill's requirements.

In an open market, buyers and sellers would have the opportunity to bid against each other for contracts and could witness bids that are made and accepted. Whether they take the opportunity to bid or not is their choice, the key here is that they have access to do so.

My bill also limits the size of contracts to the rough equivalent of a load of livestock, meaning 40 cattle or 30 swine. It does not limit the number of contracts that can be offered by an individual. This key portion prevents small and medium-sized livestock producers, like those found in Wyoming, from being shut out of deals that contain thousands of livestock per contract.

Requiring a firm base price and an open and transparent market ends the potential for price discrimination, price manipulation and undue preferences. These are not the only benefits of my bill. It also preserves the very useful risk management tool that contracts provide to livestock producers. Contracts help producers plan and prepare for the future. My bill makes contracts and marketing agreements an even better risk management tool because it solidifies the base price for the producer. Once the agreement is made, a producer can have confidence on shipping day in his ability to feed his family during the next year because he will know in advance how much he can expect to receive for his livestock.

This bill also encourages electronic trading. An open and public market would function much like the stock market, where insider trading is prohibited. The stock market provides a solid example of how electronic livestock trading can work to the benefit of everyone involved. For example, price discovery in an open and electronic market is automatic.

Captive supply is still weighing on the minds and hurting the pocketbooks of ranchers in Wyoming and across the United States. Wyoming ranchers encourage me to keep up the good fight on this issue on every trip I make to my home State. The economic soul of Wyoming is built on the foundation of small towns and small businesses. All livestock producers, even small and medium-sized ones, should have a fair chance to compete in an honest game that allows them to get the best price possible for their product. We must do everything we can to keep our small producers in business.

My bill removes one of the largest obstructions preventing livestock producers from competing--formula-priced contracts. I ask my colleagues to assist me in giving their constituents and mine the chance to perform on a level playing field.

I yield the floor.

______

By Mr. AKAKA (for himself and Mr. Bingaman):

S. 1045. A bill to strengthen United States capabilities to safely and securely dispose of all greater-than-Class C low-level radioactive waste; to the Committee on Energy and Natural Resources.

Mr. AKAKA. Mr. President, I rise to introduce the Low-Level Radioactive Waste Act of 2003. I am pleased that the Ranking Member of the Energy and Natural Resources Committee, Senator Bingaman, is a cosponsor of this important legislation. Our bill will address the efforts made by the Department of Energy, DOE, to recover and dispose of thousands of domestic Greater-than-Class-C, GTCC, radiological sources. These have the highest radiation levels and, in general, pose the greatest concern in terms of being used in a so-called ``dirty bomb.''

Since September 11, we have faced the possibility that a terrorist could use a dirty bomb in an attack in the United States. A dirty bomb combines conventional explosives with highly radioactive materials. When exploded, it would disperse the radioactive materials, reducing the impact from radiation. But, if set off in the downtown of a major city, it could still contaminate a wide area with radiation, cause death and destruction due to the explosion, and panic and substantial economic damage could result. It is not surprising that the Department of Homeland Security has chosen as one of its training scenarios a simulated ``dirty bomb'' attack on an American city.

Secretary of Energy Spencer Abraham told an International Atomic Energy Agency conference in March, ``Radioactive sources can be found all over the world, and terrorist are seeking to acquire them.'' CIA Director George Tenet told Congress in February that he was concerned about Al Qaeda's attempts to build a dirty bomb. He said,

``construction of such a device is well within Al Qaeda capabilities--

if it can obtain the radiological material.''

Radiological sources are used widely in industry, agriculture, medicine, and research. Appropriately, Secretary Abraham has made it priority for the Department of Energy to help other countries secure their radiological sources. But as the United States works internationally to secure dangerous radiological sources, we also must be sure our own house is in order.

As chairman of the International Security Subcommittee of the Senate Government Affairs Committee, I held hearings in the fall of 2001 that covered the threat posed by dirty bombs. I also requested that GAO examine U.S. efforts to secure radioactive sources within the United States.

GAO recently finished their inquiry, and I am sorry to report that GAO found our house is not in order. Many of you may have seen the report on NBC Nightly News last night that featured GAO's investigation.

GAO's report shows that not only the former Soviet Union, but also the United States does not keep track of or account for its radioactive sources in a reliable manner. There is not a precise count of GTCC sources in the United States. Some quarter to half a million are estimated to exist. Some 24,000 new GTCC sources are being produced each year.

A central issue is what is being done with unwanted radioactive devices. We don't have an accurate account of unwanted devices in this country, and the program for recovering and securing them is proceeding too slowly.

In 1985, Congress authorized DOE to provide a facility for disposing of GTCC waste, including GTCC sealed radiological sources that were no longer wanted by their owners. GAO found that after 18 years, DOE still has not developed a facility for storing GTCC wastes.

DOE assumes a facility for receiving GTCC sealed sources will be available by FY 2007. But DOE has not taken serious steps to insure this facility will be built.

Instead, DOES has an interim program for collecting and holding unwanted radiological sources. In 1999, DOE created an Off-site Source Recovery Project, or OSR, in the Office of Environmental Management for these purposes.

The OSR Project has recovered about 5,3000 sealed sources. Another 4,400 sources, held by 328 different owners across the United States, are known to be in need of recovery. DOE estimates a further 4,600 sources will need to be recovered by 2010, when the OSR Project is scheduled to end because the permanent storage facility should be operating.

Thousands more sources, however, will need to be recovered outside the OSR project once a depository opens.

Every State in the Union has radioactive sources that need to be recovered, according to the GAO report. States with more than a 100 sources to be recovered include Arizona, California, Illinois, Maryland, New York, and Texas. Another 25 States have between 10 and 100 sources to be recovered.

The GAO report notes that many of these are small sources with small amounts of radiation but hundreds are larger sources with large amounts of radioactivity.

Alarmingly, the question of dirty bombs aside, there are almost two nuclear bombs worth of unwanted plutonium-239 sources that DOE cannot recover because they lack storage space. GAO reports that universities that have this material want to give it up, but cannot, because the DOE does not have the space to store them.

We are concerned that the program to recover, secure, and store GTCC radiological sources is not receiving the priority it deserves. The disposal of thousands of radiological sources must be addressed. But DOE will not be prepared to dispose of these sources permanently in the next seven years because DOE has not identified the type of facility or provided a cost estimate and time-

line for its construction.

This bill will address these concerns. To insure the permanent disposal program gets the attention it needs within DOE, our legislation requires DOE to designate a responsibility entity within DOE to develop a facility for disposal of GTCC wastes.

It also requires the DOE to report to Congress on the current situation and future plans for the disposal of GTCC radioactive waste. After the completion of this report, the DOE must submit to Congress a report on the cost and schedule to complete an environment impact statement and record of decision on a permanent disposal facility for GTCC radioactive wastes. Finally, before the year is out, DOE must deliver to Congress a plan to provide for the short-term recovery of the GTCC radioactive waste until a permanent facility is available.

I am also concerned that the short-term Offsite Source Recovery Project may lack the funding required to ensure that all designated radiological sources are safety and securely recovered in a timely manner. The program apparently will be funded adequately through the end of FY04. The FY02 emergency supplemental budget provided ten millions dollars, and the President requested about two millions dollars in his FY04 budget proposal. But I caution Congress to keep an eye on this program to guarantee sufficient funds are requested in the FY05 budget when it is submitted to Congress next year.

Thousands of sealed sources await disposal, some requiring security measures greater than those in place at current storage sites. The problem posed by these sources will not go away by itself. Universities and industry do not have the means or facilities to secure these materials and are asking the federal government for help.

When the United States began non-proliferation efforts in the former Soviet Union, one of the first jobs was to begin consolidating nuclear weapons and fissile materials in secure facilities to await disposal or destruction. As Secretary Abraham has said, due to worries about terrorists acquiring dirty bombs, the DOE now is working to secure radiological sources overseas.

I support these efforts. The bill Senator Bingaman and I have introduced will give radiological sources and waste on American soil the same consideration. Collecting and securing these sources was once a matter of public safety. It is now a national security concern that deserves the attention of Congress.

I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the bill was ordered to be printed in the Record, as follows:

S. 1045

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Low-Level Radioactive Waste Act of 2003''.

SEC. 2. FINDINGS.

Congress finds that--

(1) section 3(b)(1)(D) of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021c(b)(1)(D)) requires the Secretary of Energy to safely dispose of all greater-than-Class C low-level radioactive waste (as defined in section 61.55 of title 10, Code of Federal Regulations);

(2) the Offsite Source Recovery Program, established by the Department of Energy to recover and store sources of such waste, is scheduled to cease operation by September 30, 2010;

(3) the Department of Energy estimates that about 14,000 sealed sources of such waste will become unwanted and will have to be disposed of through the Offsite Source Recovery Program by that date;

(4)(A) in February 1987 the Secretary of Energy submitted to Congress a comprehensive report making recommendations for ensuring the safe disposal of all greater-than-Class C low-level radioactive waste; and

(B) 16 years later, it is likely that the information contained in the report is no longer current and does not reflect the new security threat environment;

(5) the Department of Energy--

(A) does not have the resources or storage facility to recover and store all unwanted sources of greater-than-Class C low-level radioactive waste; and

(B) has not identified a permanent disposal facility;

(6) it is unlikely that a permanent disposal facility will be operational by the time that the Offsite Source Recovery Program ceases operation;

(7) the initial steps in developing a disposal facility

(including preparation of an environmental impact statement and issuance of a record of decision) could take several years and will require dedicated funding to complete; and

(8) before a final decision on the disposal alternative to be implemented is made, Congress must have an opportunity to review the alternatives under consideration and provide input.

SEC. 3. DEPARTMENT OF ENERGY RESPONSIBILITIES

(a) Designation of Responsibility.--The Secretary of Energy shall designate an entity within the Department of Energy to have the responsibility of completing activities needed to develop a facility for safely disposing of all greater-than-Class C low-level radioactive waste.

(b) Consultation With Congress.--In developing a plan for a permanent disposal facility for greater-than-Class C low-level radioactive waste (including preparation of an environmental impact statement and issuance of a record of decision), the Secretary of Energy shall consult with Congress.

SEC. 4. REPORTS.

(a) Update of 1987 Report.--

(1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall submit to Congress an update of the report referred to in section 2(4).

(2) Contents.--The update shall contain--

(A) an identification of the radioactive waste that is to be disposed of (including the source of the waste and the volume, concentration, and other relevant characteristics of the waste);

(B) an identification of the Federal and non-Federal options for disposal of the waste;

(C) a description of the actions proposed to ensure the safe disposal of the waste;

(D) an estimate of the costs of the proposed actions;

(E) an identification of the options for ensuring that the beneficiaries of the activities resulting in the generation of the radioactive waste bear all reasonable costs of disposing of the waste;

(F) an identification of any statutory authority required for disposal of the waste; and

(G) in coordination with the Environmental Protection Agency and the Nuclear Regulatory Commission, an identification of any regulatory guidance needed for the disposal of the waste.

(b) Report on Permanent Disposal Facility.--

(1) Report on cost and schedule for completion of eis and rod.--Not later than 180 days after the date of submission of the update under subsection (a), the Secretary of Energy shall submit to Congress a report containing an estimate of the cost and schedule to complete an environmental impact statement and record of decision for a permanent disposal facility for greater-than-Class C radioactive waste.

(2) Report on alternatives.--Before the Secretary of Energy makes a final decision on the disposal alternative to be implemented, the Secretary of Energy shall--

(A) submit to Congress a report that describes all alternatives under consideration; and

(B) await action by Congress.

(c) Report on Short-Term Plan.--

(1) In general.--Not later than December 31, 2003, the Secretary of Energy shall submit to Congress a plan to ensure the continued recovery and storage of greater-than-Class C low-level radioactive waste until a permanent disposal facility is available.

(2) Contents.--The plan shall contain estimated cost, resource, and facility needs.

______

By Mr. STEVENS (for himself, Mr. Hollings, Mr. Burns, Mr. Lott,

Mr. Dorgan, and Mr. Wyden):

S. 1046. A bill to amend the Communications Act of 1934 to preserve localism, to foster and promote the diversity of television programming, to foster and promote competition, and to prevent excessive concentration of ownership of the nation's television broadcast stations; to the Committee on Commerce, Science, and Transportation.

Mr. STEVENS. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the text of the bill was ordered to be printed in the Record, as follows:

S. 1046

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Preservation of Localism, Program Diversity, and Competition in Television Broadcast Service Act of 2003''.

SEC. 2. FINDINGS; PURPOSES.

(a) Findings.--Congress makes the following findings:

(1) The principle of localism is embedded in the Communications Act in section 307(b) of the Communications Act of 1934 (47 U.S.C. 307(b)). It has been the pole star for regulation of the broadcast industry by the Federal Communications Commission for nearly 70 years.

(2) In the Telecommunications Act of 1996, Congress directed the Federal Communications Commission to increase the limitations on national multiple television ownership so that one party could not own or control television stations whose aggregate national audience reach exceeded 35 percent. Congress did so because it recognized that--

(A) further national concentration could not be undone;

(B) other regulatory changes, such as the repeal by the Commission of its financial and syndication regulations, would heighten the power of the national television networks; and

(C) the independence of non-network-owned stations would be threatened if network ownership exceeded 35 percent.

(3) If a limit to the national audience reach of television stations that one party may own or control is not codified at this time--

(A) further national concentration may occur whose pernicious effects may be difficult to eradicate; and

(B) the independence of non-network-owned stations will be threatened, placing local stations in danger of becoming mere passive conduits for network transmissions.

(4) A cap on national multiple television ownership will help preserve localism by limiting the networks ability to dictate programming aired on local stations.

(5) The landscape of national ownership has changed dramatically over the past two decades since the time when the networks were limited to owning just seven television stations nationwide:

(A) the Commissions financial and syndication regulations have been repealed;

(B) the networks can own more than one television station in many local markets;

(C) the networks have embraced programming ventures from studios to syndication to foreign sales; and

(D) the networks own the most popular cable and Internet content businesses.

Together these changes have strengthened the networks hands and given them strong incentives to override local interests.

(6) Unlike non-network-owned stations which are only concerned with local viewers, network-owned stations have multiple interests they must consider: national advertising interests, syndicated programming interests, foreign sales interests, cable programming interests, and, lastly, local station interests.

(7) The possibility of further nationalization threatens the current give-and-take between non-network-owned affiliates and networks which can result in programming being edited, scheduled, or promoted in ways that are more appropriate for local audiences.

(8) As network power has grown in recent years, the networks have forced affiliation agreements to tilt the balance of power even more in their favor. Contract provisions encroach on the ability of non-network-owned affiliates to reject programming that local stations determine not to be in the best interests of their local communities, and local stations are penalized for unauthorized preemptions (as determined by the network) and for exceeding preemption baskets.

(9) This Act will help to preserve localism in and to prevent the further nationalization of the television broadcast service.

(b) Purposes.--The purposes of this Act are--

(1) to promote the values of localism in the television broadcast service;

(2) to promote diversity of television programming and viewpoints;

(3) to promote competition; and

(4) to prevent excessive concentration of ownership by establishing a limit to the national audience reach of the television stations that any one party may own or control.

SEC. 3. NATIONAL TELEVISION MULTIPLE OWNERSHIP LIMITATIONS.

(a) Establishment of National Television Multiple Ownership Limitations.--Part I of Title III of the Communications Act of 1934 is amended by inserting after section 339 (47 U.S.C. 339) the following new section:

``SEC. 340. NATIONAL TELEVISION MULTIPLE OWNERSHIP

LIMITATIONS.

``(a) National Audience Reach Limitation.--The Commission shall not permit any license for a commercial television broadcast station to be granted, transferred, or assigned to any party (including all parties under common control) if the grant, transfer, or assignment of such license would result in such party or any of its stockholders, partners, or members, officers, or directors, directly or indirectly, owning, operating or controlling, or having a cognizable interest in television stations which have an aggregate national audience reach exceeding 35 percent.

``(b) No Grandfathering.--The Commission shall require any party (including all parties under common control) that holds licenses for commercial television broadcast stations in excess of the limitation contained in subsection (a) to divest itself of such licenses as may be necessary to come into compliance with such limitation within one year after the date of enactment of this section.

``(c) Section Not Subject to Forbearance.--Section 10 of this Act shall not apply to the requirements of this section.

``(d) Definitions.--

``(1) National audience reach.--The term `national audience reach' means--

``(A) the total number of television households in the Nielsen Designated Market Area (DMA) markets in which the relevant stations are located, or as determined under a successor measure adopted by the Commission to delineate television markets for purposes of this section; divided by

``(B) the total national television households as measured by such DMA data (or such successor measure) at the time of a grant, transfer, or assignment of a license.

No market shall be counted more than once in making this calculation.

``(2) Cognizable interest.--Except as may otherwise be provided by regulation by the Commission, the term

`cognizable interest' means any partnership or direct ownership interest and any voting stock interest amounting to 5 percent or more of the outstanding voting stock of a licensee.''.

(b) Conforming Amendment.--Section 202(c)(1) of the Telecommunications Act of 1934 (P.L. 104-104; 110 Stat. 111) is amended--

(1) by striking ``its regulations'' and all that follows through ``by eliminating'' and inserting ``its regulations

(47 CFR 73.3555) by eliminating'';

(2) by striking ``; and'' at the end of subparagraph (A) and inserting a period; and

(3) by striking subparagraph (B).

______

By Mr. WARNER

S. 1050. An original bill to authorize appropriations for fiscal year 2004 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; from the Committee on Armed Services; placed on the calendar.

Mr. WARNER. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the text of the bill was ordered to be printed in the Record, as follows:

S. 1050

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

SECTION 1. SHORT TITLE.

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

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

CONTENTS.

(a) Divisions.--This Act is organized into three divisions as follows:

(1) Division A--Department of Defense Authorizations.

(2) Division B--Military Construction Authorizations.

(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.

(b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees defined.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Chemical agents and munitions destruction, Defense.

Sec. 107. Defense health programs.

Subtitle B--Army Programs

(reserved)

Subtitle C--Navy Programs

Sec. 121. Multiyear procurement authority for Navy programs.

Sec. 122. Pilot program for flexible funding of naval vessel conversions and overhauls.

Subtitle D--Air Force Programs

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

Subtitle E--Other Matters

(reserved)

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

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for science and technology.

Sec. 203. Defense Inspector General.

Sec. 204. Defense health programs.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Prohibition on transfer of certain programs outside the

Office of the Secretary of Defense.

Sec. 212. Objective force indirect fires program.

Subtitle C--Ballistic Missile Defense

Sec. 221. Fielding of ballistic missile defense capabilities. Sec. 222. Repeal of requirement for certain program elements for

Missile Defense Agency activities.

Sec. 223. Oversight of procurement of ballistic missile defense system elements.

Sec. 224. Renewal of authority to assist local communities impacted by ballistic missile defense system test bed.

Subtitle D--Other Matters

Sec. 231. Global Research Watch program in the Office of the Director of Defense Research and Engineering.

Sec. 232. Defense Advanced Research Projects Agency biennial strategic plan.

Sec. 233. Enhancement of authority of Secretary of Defense to support science, mathematics, engineering, and technology education.

Sec. 234. Department of Defense high-speed network-centric and bandwidth expansion program.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 311. Armed Forces Emergency Services.

Sec. 312. Commercial imagery industrial base.

Subtitle C--Environmental Provisions

Sec. 321. General definitions applicable to facilities and operations.

Sec. 322. Military readiness and conservation of protected species.

Sec. 323. Arctic and Western Pacific Environmental Technology

Cooperation Program.

Sec. 324. Participation in wetland mitigation banks in connection with military construction projects.

Sec. 325. Extension of authority to use environmental restoration account funds for relocation of a contaminated facility.

Sec. 326. Applicability of certain procedural and administrative requirements to restoration advisory boards.

Sec. 327. Expansion of authorities on use of vessels stricken from the

Naval Vessel Register for experimental purposes.

Sec. 328. Transfer of vessels stricken from the Naval Vessel Register for use as artificial reefs.

Sec. 329. Salvage facilities.

Sec. 330. Task force on resolution of conflict between military training and endangered species protection at Barry M.

Goldwater Range, Arizona.

Sec. 331. Public health assessment of exposure to perchlorate.

Subtitle D--Reimbursement Authorities

Sec. 341. Reimbursement of reserve component military personnel accounts for personnel costs of special operations reserve component personnel engaged in landmines clearance.

Sec. 342. Reimbursement of reserve component accounts for costs of intelligence activities support provided by reserve component personnel.

Sec. 343. Reimbursement rate for airlift services provided to the

Department of State.

Subtitle E--Defense Dependents Education

Sec. 351. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 352. Impact aid for children with severe disabilities.

Subtitle F--Other Matters

Sec. 361. Sale of Defense Information Systems Agency services to contractors performing the Navy-Marine Corps Intranet contract.

Sec. 362. Use of the Defense Modernization Account for life cycle cost reduction initiatives.

Sec. 363. Exemption of certain firefighting service contracts from prohibition on contracts for performance of firefighting functions.

Sec. 364. Technical amendment relating to termination of Sacramento

Army Depot, Sacramento, California.

Sec. 365. Exception to competition requirement for workloads previously performed by depot-level activities.

Sec. 366. Support for transfers of decommissioned vessels and shipboard equipment.

Sec. 367. Aircraft for performance of aerial refueling mission.

Sec. 368. Stability of certain existing military troop dining facilities contracts.

Sec. 369. Repeal of calendar year limitations on use of commissary stores by certain Reserves and others.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Increased maximum percentage of general and flag officers on active duty authorized to be serving in grades above brigadier general and rear admiral (lower half).

Sec. 403. Extension of certain authorities relating to management of numbers of general and flag officers in certain grades.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2004 limitations on non-dual status technicians.

Subtitle C--Other Matters Relating to Personnel Strengths

Sec. 421. Revision of personnel strength authorization and accounting process.

Sec. 422. Exclusion of recalled retired members from certain strength limitations during period of war or national emergency.

Subtitle D--Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Sec. 501. Retention of health professions officers to fulfill active duty service obligations following failure of selection for promotion.

Sec. 502. Eligibility for appointment as Chief of Army Veterinary

Corps.

Subtitle B--Reserve Component Personnel Policy

Sec. 511. Expanded authority for use of Ready Reserve in response to terrorism.

Sec. 512. Streamlined process for continuing officers on the reserve active-status list.

Sec. 513. National Guard officers on active duty in command of National

Guard units.

Subtitle C--Revision of Retirement Authorities

Sec. 521. Permanent authority to reduce three-year time-in-grade requirement for retirement in grade for officers in grades above major and lieutenant commander.

Subtitle D--Education and Training

Sec. 531. Increased flexibility for management of senior level education and post-education assignments.

Sec. 532. Expanded educational assistance authority for cadets and midshipmen receiving ROTC scholarships.

Sec. 533. Eligibility and cost reimbursement requirements for personnel to receive instruction at the Naval Postgraduate School.

Sec. 534. Actions to address sexual misconduct at the service academies.

Subtitle E--Decorations, Awards, and Commendations

(reserved)

Subtitle F--Military Justice

Sec. 551. Extended limitation period for prosecution of child abuse cases in courts-martial.

Sec. 552. Clarification of blood alcohol content limit for the offense under the Uniform Code of Military Justice of drunken operation of a vehicle, aircraft, or vessel.

Subtitle G--Other Matters

Sec. 561. High-tempo personnel management and allowance.

Sec. 562. Alternate initial military service obligation for persons accessed under direct entry program.

Sec. 563. Policy on concurrent deployment to combat zones of both military spouses of military families with minor children.

Sec. 564. Enhancement of voting rights of members of the uniformed services.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2004.

Sec. 602. Revised annual pay adjustment process.

Sec. 603. Computation of basic pay rate for commissioned officers with prior enlisted or warrant officer service.

Sec. 604. Pilot program of monthly subsistence allowance for non-

scholarship Senior ROTC members committing to continue

ROTC participation -as sophomores.

Sec. 605. Basic allowance for housing for each member married to another member without dependents when both spouses are on sea duty.

Sec. 606. Increased rate of family separation allowance.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for certain health care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

Sec. 614. One-year extension of other bonus and special pay authorities.

Sec. 615. Special pay for reserve officers holding positions of unusual responsibility and of critical nature.

Sec. 616. Assignment incentive pay for service in Korea.

Sec. 617. Increased maximum amount of reenlistment bonus for active members.

Sec. 618. Payment of Selected Reserve reenlistment bonus to members of

Selected Reserve who are mobilized.

Sec. 619. Increased rate of hostile fire and imminent danger special pay.

Sec. 620. Availability of hostile fire and imminent danger special pay for reserve component members on inactive duty.

Sec. 621. Expansion of overseas tour extension incentive program to officers.

Sec. 622. Eligibility of warrant officers for accession bonus for new officers in critical skills.

Sec. 623. Incentive bonus for conversion to military occupational specialty to ease personnel shortage.

Subtitle C--Travel and Transportation Allowances

Sec. 631. Shipment of privately owned motor vehicle within continental

United States.

Sec. 632. Payment or reimbursement of student baggage storage costs for dependent children of members stationed overseas.

Sec. 633. Contracts for full replacement value for loss or damage to personal property transported at Government expense.

Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Special rule for computation of retired pay base for commanders of combatant commands.

Sec. 642. Survivor Benefit Plan annuities for surviving spouses of

Reserves not eligible for retirement who die from a cause incurred or aggravated while on inactive-duty training.

Sec. 643. Increase in death gratuity payable with respect to deceased members of the Armed Forces.

Subtitle E--Other Matters

Sec. 651. Retention of accumulated leave.

TITLE VII--HEALTH CARE

Sec. 701. Medical and dental screening for members of Selected Reserve units alerted for mobilization.

Sec. 702. TRICARE beneficiary counseling and assistance coordinators for reserve component beneficiaries.

Sec. 703. Extension of authority to enter into personal services contracts for health care services to be performed at locations outside medical treatment facilities.

Sec. 704. Department of Defense Medicare-Eligible Retiree Health Care

Fund valuations and contributions.

Sec. 705. Surveys on continued viability of TRICARE standard.

Sec. 706. Elimination of limitation on covered beneficiaries' eligibility to receive health care services from former

Public Health Service treatment facilities.

Sec. 707. Modification of structure and duties of Department of

Veterans Affairs-Department of Defense Health Executive

Committee.

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

MATTERS

Subtitle A--Acquisition Policy and Management

Sec. 801. Temporary emergency procurement authority to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack.

Sec. 802. Special temporary contract closeout authority.

Sec. 803. Defense acquisition program management for use of radio frequency spectrum.

Sec. 804. National Security Agency Modernization Program.

Sec. 805. Quality control in procurement of aviation critical safety items and related services.

Subtitle B--Procurement of Services

Sec. 811. Expansion and extension of incentive for use of performance-

based contracts in procurements of services.

Sec. 812. Public-private competitions for the performance of Department of Defense functions.

Sec. 813. Authority to enter into personal services contracts.

Subtitle C--Major Defense Acquisition Programs

Sec. 821. Certain weapons-related prototype projects.

Sec. 822. Applicability of Clinger-Cohen Act policies and requirements to equipment integral to a weapon or weapon system.

Sec. 823. Applicability of requirement for reports on maturity of technology at initiation of major defense acquisition programs.

Subtitle D--Domestic Source Requirements

Sec. 831. Exceptions to Berry amendment for contingency operations and other urgent situations.

Sec. 832. Inapplicability of Berry amendment to procurements of waste and byproducts of cotton and wool fiber for use in the production of propellants and explosives.

Sec. 833. Waiver authority for domestic source or content requirements.

Sec. 834. Buy American exception for ball bearings and roller bearings used in foreign products.

Subtitle E--Defense Acquisition and Support Workforce

Sec. 841. Flexibility for management of the defense acquisition and support workforce.

Sec. 842. Limitation and reinvestment authority relating to reduction of the defense acquisition and support workforce.

Sec. 843. Clarification and revision of authority for demonstration project relating to certain acquisition personnel management policies and procedures.

Subtitle F--Federal Support for Procurement of Anti-Terrorism

Technologies and Services by State and Local Governments

Sec. 851. Application of indemnification authority to State and local government contractors.

Sec. 852. Procurements of anti-terrorism technologies and anti-

terrorism services by State and local governments through

Federal contracts.

Sec. 853. Definitions.

Subtitle G--General Contracting Authorities, Procedures, and

Limitations, and Other Matters

Sec. 861. Limited acquisition authority for Commander of United States

Joint Forces Command.

Sec. 862. Operational test and evaluation.

Sec. 863. Multiyear task and delivery order contracts.

Sec. 864. Repeal of requirement for contractor assurances regarding the completeness, accuracy, and contractual sufficiency of technical data provided by the contractor.

Sec. 865. Reestablishment of authority for short-term leases of real or personal property across fiscal years.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department Officers and Agencies

Sec. 901. Clarification of responsibility of military departments to support combatant commands.

Sec. 902. Redesignation of National Imagery and Mapping Agency as

National Geospatial-Intelligence Agency.

Sec. 903. Standards of conduct for members of the Defense Policy Board and the Defense Science Board.

Subtitle B--Space Activities

Sec. 911. Coordination of space science and technology activities of the Department of Defense.

Sec. 912. Space personnel cadre.

Sec. 913. Policy regarding assured access to space for United States national security payloads.

Sec. 914. Pilot program to provide space surveillance network services to entities outside the United States Government.

Sec. 915. Content of biennial global positioning system report.

Subtitle C--Other Matters

Sec. 921. Combatant Commander Initiative Fund.

Sec. 922. Authority for the Marine Corps University to award the degree of master of operational studies.

Sec. 923. Report on changing roles of United States Special Operations

Command.

Sec. 924. Integration of Defense intelligence, surveillance, and reconnaissance capabilities.

Sec. 925. Establishment of the National Guard of the Northern Mariana

Islands.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. United States contribution to NATO common-funded budgets in fiscal year 2004.

Sec. 1003. Authorization of supplemental appropriations for fiscal year

2003.

Subtitle B--Improvement of Travel Card Management

Sec. 1011. Mandatory disbursement of travel allowances directly to travel card creditors.

Sec. 1012. Determinations of creditworthiness for issuance of Defense travel card.

Sec. 1013. Disciplinary actions and assessing penalties for misuse of

Defense travel cards.

Subtitle C--Reports

Sec. 1021. Elimination and revision of various reporting requirements applicable to the Department of Defense.

Sec. 1022. Global strike plan.

Sec. 1023. Report on the conduct of Operation Iraqi Freedom.

Sec. 1024. Report on mobilization of the reserves.

Subtitle D--Other Matters

Sec. 1031. Blue forces tracking initiative.

Sec. 1032. Loan, donation, or exchange of obsolete or surplus property.

Sec. 1033. Acceptance of gifts and donations for Asia-Pacific Center for Security Studies.

Sec. 1034. Provision of living quarters for certain students working at

National Security Agency laboratory.

Sec. 1035. Protection of operational files of the National Security

Agency.

Sec. 1036. Transfer of administration of National Security Education

Program to Director of Central Intelligence.

Sec. 1037. Report on use of unmanned aerial vehicles for support of homeland security missions.

Sec. 1038. Conveyance of surplus T-37 aircraft to Air Force Aviation

Heritage Foundation, Incorporated.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

Sec. 1101. Authority to employ civilian faculty members at the Western

Hemisphere Institute for Security Cooperation.

Sec. 1102. Pay authority for critical positions.

Sec. 1103. Extension, expansion, and revision of authority for experimental personnel program for scientific and technical personnel.

Sec. 1104. Transfer of personnel investigative functions and related personnel of the Department of Defense.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Authority to use funds for payment of costs of attendance of foreign visitors under Regional Defense Counterterrorism

Fellowship Program.

Sec. 1202. Availability of funds to recognize superior noncombat achievements or performance of members of friendly foreign forces and other foreign nationals.

Sec. 1203. Check cashing and exchange transactions for foreign personnel in alliance or coalition forces.

Sec. 1204. Clarification and extension of authority to provide assistance for international nonproliferation activities.

Sec. 1205. Reimbursable costs relating to national security controls on satellite export licensing.

Sec. 1206. Annual report on the NATO Prague capabilities commitment and the NATO response force.

Sec. 1207. Expansion and extension of authority to provide additional support for counter-drug activities.

Sec. 1208. Use of funds for unified counterdrug and counterterrorism campaign in Colombia.

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

SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Annual certifications on use of facilities being constructed for Cooperative Threat Reduction projects or activities.

Sec. 1304. Authority to use Cooperative Threat Reduction funds outside the former Soviet Union.

Sec. 1305. One-year extension of inapplicability of certain conditions on use of funds for chemical weapons destruction.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Termination of authority to carry out certain fiscal year

2003 projects.

Sec. 2106. Modification of authority to carry out certain fiscal year

2003 projects.

Sec. 2107. Modification of authority to carry out certain fiscal year

2002 project.

Sec. 2108. Modification of authority to carry out certain fiscal year

2001 project.

TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Termination of authority to carry out certain fiscal year

2003 project.

TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Modification of fiscal year 2003 authority relating to improvement of military family housing units.

TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Family housing.

Sec. 2403. Improvements to military family housing units.

Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

Sec. 2406. Modification of authority to carry out certain fiscal year

2003 project.

Sec. 2407. Modification of authority to carry out certain fiscal year

2003 projects.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT

PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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

Sec. 2702. Extension of authorizations of certain fiscal year 2001 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 2000 projects.

Sec. 2704. Effective date.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing

Changes

Sec. 2801. Modification of general definitions relating to military construction.

Sec. 2802. Increase in number of family housing units in Italy authorized for lease by the Navy.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Increase in threshold for reports to Congress on real property transactions.

Sec. 2812. Acceptance of in-kind consideration for easements.

Sec. 2813. Expansion to military unaccompanied housing of authority to transfer property at military installations to be closed in exchange for military housing.

Sec. 2814. Exemption from screening and use requirements under

McKinney-Vento Homeless Assistance Act of Department of

Defense property in emergency support of homeland security.

Subtitle C--Land Conveyances

Sec. 2821. Transfer of land at Fort Campbell, Kentucky and Tennessee.

Sec. 2822. Land conveyance, Fort Knox, Kentucky.

Sec. 2823. Land conveyance, Marine Corps Logistics Base, Albany,

Georgia.

Sec. 2824. Land conveyance, Air Force and Army Exchange Service property, Dallas, Texas.

Subtitle D--Review of Overseas Military Facility Structure

Sec. 2841. Short title.

Sec. 2842. Establishment of commission.

Sec. 2843. Duties of commission.

Sec. 2844. Powers of commission.

Sec. 2845. Commission personnel matters.

Sec. 2846. Security.

Sec. 2847. Termination of commission.

Sec. 2848. Funding.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND

OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental management. Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Defense energy supply.

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Repeal of prohibition on research and development of low-

yield nuclear weapons.

Sec. 3132. Readiness posture for resumption by the United States of underground nuclear weapons tests.

Sec. 3133. Technical base and facilities maintenance and recapitalization activities.

Sec. 3134. Continuation of processing, treatment, and disposition of legacy nuclear materials.

Subtitle C--Proliferation Matters

Sec. 3141. Expansion of International Materials Protection, Control, and Accounting program.

Sec. 3142. Semi-annual financial reports on defense nuclear nonproliferation program.

Sec. 3143. Report on reduction of excessive uncosted balances for defense nuclear nonproliferation activities.

Subtitle D--Other Matters

Sec. 3151. Modification of authorities on Department of Energy personnel security investigations.

Sec. 3152. Responsibilities of Environmental Management program and

National Nuclear Security Administration of Department of

Energy for environmental cleanup, decontamination and decommissioning, and waste management.

Sec. 3153. Update of report on stockpile stewardship criteria.

Sec. 3154. Progress reports on Energy Employees Occupational Illness

Compensation Program.

Subtitle E--Consolidation of General Provisions on Department of Energy

National Security Programs

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

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

For purposes of this Act, the term ``congressional defense committees'' means--

(1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and

(2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal year 2004 for procurement for the Army as follows:

(1) For aircraft, $2,158,485,000.

(2) For missiles, $1,553,462,000.

(3) For weapons and tracked combat vehicles,

$1,658,504,000.

(4) For ammunition, $1,363,305,000.

(5) For other procurement, $4,266,027,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) Navy.--Funds are hereby authorized to be appropriated for fiscal year 2004 for procurement for the Navy as follows:

(1) For aircraft, $8,996,948,000.

(2) For weapons, including missiles and torpedoes, $ 2,046,821,000.

(3) For shipbuilding and conversion, $11,707,984,000.

(4) For other procurement, $4,744,443,000.

(b) Marine Corps.--Funds are hereby authorized to be appropriated for fiscal year 2004 for procurement for the Marine Corps in the amount of $1,089,599,000.

(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized to be appropriated for fiscal year 2004 for procurement of ammunition for the Navy and the Marine Corps in the amount of $924,355,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal year 2004 for procurement for the Air Force as follows:

(1) For aircraft, $12,082,760,000.

(2) For ammunition, $1,284,725,000.

(3) For missiles, $4,394,439,000.

(4) For other procurement, $11,630,659,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal year 2004 for Defense-wide procurement in the amount of

$3,884,106,000.

SEC. 105. DEFENSE INSPECTOR GENERAL.

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

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

There is hereby authorized to be appropriated for the Office of the Secretary of Defense for fiscal year 2004 the amount of $1,530,261,000 for--

(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and

(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.

SEC. 107. DEFENSE HEALTH PROGRAMS.

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

$327,826,000.

Subtitle B--Army Programs

(reserved)

Subtitle C--Navy Programs

SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR NAVY PROGRAMS.

(a) Authority.--Beginning with the fiscal year 2004 program year, the Secretary of the Navy may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract for procurement for the following programs:

(1) The F/A-18 aircraft program.

(2) The E-2C aircraft program.

(3) The Tactical Tomahawk Cruise Missile program, subject to subsection (b).

(4) The Virginia class submarine, subject to subsection

(c).

(b) Tactical Tomahawk Cruise Missiles.--The Secretary may not enter into a multiyear contract for the procurement of Tactical Tomahawk Cruise Missiles under subsection (a)(3) until the Secretary determines on the basis of operational testing that the Tactical Tomahawk Cruise Missile is effective for fleet use.

(c) Virginia Class Submarines.--Paragraphs (2)(A), (3), and

(4) of section 121(b) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1648) shall apply in the exercise of authority to enter into a multiyear contract for the procurement of Virginia class submarines under subsection (a)(4).

SEC. 122. PILOT PROGRAM FOR FLEXIBLE FUNDING OF NAVAL VESSEL

CONVERSIONS AND OVERHAULS.

(a) Establishment.--The Secretary of the Navy may carry out a pilot program of flexible funding of conversions and overhauls of cruisers of the Navy in accordance with this section.

(b) Authority.--Under the pilot program the Secretary of the Navy may, subject to subsection (d), transfer appropriated funds described in subsection (c) to the appropriation for the Navy for procurement for shipbuilding and conversion for any fiscal year to continue to fund any conversion or overhaul of a cruiser of the Navy that was initially funded with the appropriation to which transferred.

(c) Funds Available for Transfer.--The appropriations available for transfer under this section are the appropriations to the Navy for any fiscal year after fiscal year 2003 and before fiscal year 2013 for the following purposes:

(1) For procurement, as follows:

(A) For shipbuilding and conversion.

(B) For weapons procurement.

(C) For other procurement.

(2) For operation and maintenance.

(d) Limitations.--(1) A transfer may be made with respect to a cruiser under this section only to meet the following requirements:

(A) Any increase in the size of the workload for conversion or overhaul to meet existing requirements for the cruiser.

(B) Any new conversion or overhaul requirement resulting from a revision of the original baseline conversion or overhaul program for the cruiser.

(2) A transfer may not be made under this section before the date that is 30 days after the date on which the Secretary of the Navy transmits to the congressional defense committees a written notification of the intended transfer. The notification shall include the following matters:

(A) The purpose of the transfer.

(B) The amounts to be transferred.

(C) Each account from which the funds are to be transferred.

(D) Each program, project, or activity from which the funds are to be transferred.

(E) Each account to which the funds are to be transferred.

(F) A discussion of the implications of the transfer for the total cost of the cruiser conversion or overhaul program for which the transfer is to be made.

(e) Merger of Funds.--Amounts transferred to an appropriation with respect to the conversion or overhaul of a cruiser under this section shall be credited to and merged with other funds in the appropriation to which transferred and shall be available for the conversion or overhaul of such cruiser for the same period as the appropriation with which merged.

(f) Relationship to Other Transfer Authority.--The authority to transfer funds under this section is in addition to any other authority provided by law to transfer appropriated funds and is not subject to any restriction, limitation, or procedure that is applicable to the exercise of any such other authority.

(g) Final Report.--Not later than October 1, 2011, the Secretary of the Navy shall submit to the congressional defense committees a report containing the Secretary's evaluation of the efficacy of the authority provided under this section.

(h) Termination of Program.--No transfer may be made under this section after September 30, 2012.

Subtitle D--Air Force Programs

SEC. 131. ELIMINATION OF QUANTITY LIMITATIONS ON MULTIYEAR

PROCUREMENT AUTHORITY FOR C-130J AIRCRAFT.

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

Subtitle E--Other Matters

(reserved)

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

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2004 for the use of the Department of Defense for research, development, test, and evaluation as follows:

(1) For the Army, $9,012,500,000.

(2) For the Navy, $14,590,284,000.

(3) For the Air Force, $20,382,407,000.

(4) For Defense-wide activities, $19,135,679,000, of which

$286,661,000 is authorized for the Director of Operational Test and Evaluation.

SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

(a) Amount for Projects.--Of the total amount authorized to be appropriated by section 201, $10,705,561,000 shall be available for science and technology projects.

(b) Science and Technology Defined.--In this section, the term ``science and technology project'' means work funded in program elements for defense research, development, test, and evaluation under Department of Defense budget activities 1, 2, or 3.

SEC. 203. DEFENSE INSPECTOR GENERAL.

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

SEC. 204. DEFENSE HEALTH PROGRAMS.

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

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. PROHIBITION ON TRANSFER OF CERTAIN PROGRAMS OUTSIDE

THE OFFICE OF THE SECRETARY OF DEFENSE.

The Secretary of Defense may not designate any official outside the Office of the Secretary of Defense to exercise authority for programming or budgeting for any of the following programs:

(1) Explosive demilitarization technology (program element 0603104D8Z).

(2) High energy laser research initiative (program element 0601108D8Z).

(3) High energy laser research (program element 0602890D8Z).

(4) High energy laser advanced development (program element 0603924D8Z).

(5) University research initiative (program element 0601103D8Z).

SEC. 212. OBJECTIVE FORCE INDIRECT FIRES PROGRAM.

(a) Distinct Program Element.--The Secretary of Defense shall ensure that, not later than October 1, 2003, the Objective Force Indirect Fires Program is being planned, programmed, and budgeted for as a distinct program element and that funds available for such program are being administered consistent with the budgetary status of the program as a distinct program element.

(b) Prohibition.--Effective on October 1, 2003, the Objective Force Indirect Fires Program may not be planned, programmed, and budgeted for, and funds available for such program may not be administered, in one program element in combination with the Armored Systems Modernization program.

(c) Certification Requirement.--At the same time that the President submits the budget for fiscal year 2005 to Congress under section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written certification that the Objective Force Indirect Fires Program is being planned, programmed, and budgeted for, and funds available for such program are being administered, in accordance with the requirement in subsection (a) and the prohibition in subsection (b).

Subtitle C--Ballistic Missile Defense

SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

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

SEC. 222. REPEAL OF REQUIREMENT FOR CERTAIN PROGRAM ELEMENTS

FOR MISSILE DEFENSE AGENCY ACTIVITIES.

Section 223 of title 10, United States Code is amended--

(1) by striking subsection (a);

(2) by redesignating subsections (b) and (c) as subsections

(a) and (b), respectively; and

(3) in subsection (b), as so redesignated, by striking

``specified in subsection (a)''.

SEC. 223. OVERSIGHT OF PROCUREMENT OF BALLISTIC MISSILE

DEFENSE SYSTEM ELEMENTS.

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

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

``(a) Budget Justification Materials.--In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall specify, for each ballistic missile defense system element for which the Missile Defense Agency in engaged in planning for production and initial fielding, the following information:

``(1) The production rate capabilities of the production facilities planned to be used.

``(2) The potential date of availability of the element for initial fielding.

``(3) The expected costs of the initial production and fielding planned for the element.

``(4) The estimated date on which the administration of the acquisition of the element is to be transferred to the Secretary of a military department.

``(b) Future-Years Defense Program.--The future-years defense program submitted to Congress each year under section 221 of this title shall include an estimate of the amount necessary for procurement for each ballistic missile defense system element, together with a discussion of the underlying factors and reasoning justifying the estimate.''.

(b) Clerical Amendment.--The table of contents at the beginning of such chapter 9 is amended by inserting after the item relating to section 223 the following new item:

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

SEC. 224. RENEWAL OF AUTHORITY TO ASSIST LOCAL COMMUNITIES

IMPACTED BY BALLISTIC MISSILE DEFENSE SYSTEM

TEST BED.

Section 235(b) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1041) is amended--

(1) in paragraph (1), by inserting ``, 2004, 2005, or 2006'' after ``for fiscal year 2002''; and

(2) by adding at the end the following new paragraph:

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

Subtitle D--Other Matters

SEC. 231. GLOBAL RESEARCH WATCH PROGRAM IN THE OFFICE OF THE

DIRECTOR OF DEFENSE RESEARCH AND ENGINEERING.

Section 139a of title 10, United States Code, is amended by adding at the end the following new subsection:

``(c)(1) The Director shall carry out a Global Research Watch program.

``(2) The goals of the program are as follows:

``(A) To monitor and analyze the basic and applied research activities and capabilities of foreign nations in areas of military interest, including allies and competitors.

``(B) To provide standards for comparison and comparative analysis of research capabilities of foreign nations in relation to the research capabilities of the United States.

``(C) To assist Congress and Department of Defense officials in making investment decisions for research in technical areas where the United States may not be the global leader.

``(D) To identify areas where significant opportunities for cooperative research may exist.

``(E) To coordinate and promote the international cooperative research and analysis activities of each of the armed forces and Defense Agencies.

``(F) To establish and maintain an electronic database on international research capabilities, comparative assessments of capabilities, cooperative research opportunities, and ongoing cooperative programs.

``(3) The program shall be focused on research and technologies at a technical maturity level equivalent to Department of Defense basic and applied research programs.

``(4) The Director shall coordinate the program with the international cooperation and analysis activities of the military departments and Defense Agencies.

``(5) Information in electronic databases of the Global Research Watch program shall be maintained in unclassified form and, as determined necessary by the Director, in classified form in such databases.''.

SEC. 232. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY BIENNIAL

STRATEGIC PLAN.

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

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

``(a) Requirement for Strategic Plan.--(1) Every other year, and in time for submission to Congress under subsection

(b), the Director of the Defense Advanced Research Projects Agency shall prepare a strategic plan for the activities of the agency.

``(2) The strategic plan shall include the following matters:

``(A) The long-term strategic goals of the agency.

``(B) Identification of the research programs that support--

``(i) achievement of the strategic goals; and

``(ii) exploitation of opportunities that hold the potential for yielding significant military benefits.

``(C) The connection of agency activities and programs to activities and missions of the armed forces.

``(D) A technology transition strategy for agency programs.

``(E) An assessment of agency policies on the management, organization, and personnel of the agency.

``(b) Submission of Plan to Congress.--The Secretary of Defense shall submit the latest biennial strategic plan of the Defense Advanced Research Projects Agency to Congress at the same time that the President submits the budget for an even-numbered year to Congress under section 1105(a) of title 31.

``(c) Review Panel.--(1) The Secretary of Defense shall establish a panel to advise the Director of the Defense Research Projects Agency on the preparation, content, and execution of the biennial strategic plan.

``(2) The panel shall be composed of members appointed by the Secretary of Defense from among persons who are experienced and knowledgeable in research activities of potential military value, as follows:

``(A) The principal staff assistant to the Director of the Defense Advanced Research Projects Agency, who shall serve as chairman of the panel.

``(B) Three senior officers of the armed forces.

``(C) Three persons who are representative of--

``(i) private industry;

``(ii) academia; and

``(iii) federally funded research and development centers or similar nongovernmental organizations.

``(3) The members appointed under subparagraphs (B) and (C) of paragraph (2) shall be appointed for a term of two years. The members may be reappointed, except that every two years the Secretary of Defense shall appoint a replacement for at least one of the members appointed under such subparagraph

(B) and a replacement for at least one of the members appointed under such subparagraph (C). Any vacancy in the membership of the panel shall be filled in the same manner as the original appointment.

``(4) The panel shall meet at the call of the Chairman.

``(5) The panel shall provide the Director of the Defense Advanced Research Projects Agency with the following support:

``(A) Objective advice on--

``(i) the strategic plan; and

``(ii) the appropriate mix of agency supported research activities in technologies, including system-level technologies, to address new and evolving national security requirements and interests, and to fulfill the technology development mission of the agency.

``(B) An assessment of the extent to which the agency is successful in--

``(i) supporting missions of the armed forces; and

``(ii) achieving the transition of technologies into acquisition programs of the military departments.

``(C) An assessment of agency policies on the management, organization, and personnel of the agency, together with recommended modifications of such policies that could improve the mission performance of the agency.

``(D) Final approval of the biennial strategic plan.

``(6) Members of the panel who are not officers or employees of the United States shall serve without pay by reason of their work on the panel, and their services as members may be accepted without regard to section 1342 of title 31. However, such members shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the panel.

``(7) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel.''.

(2) The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 201 the following new item:

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

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

SEC. 233. ENHANCEMENT OF AUTHORITY OF SECRETARY OF DEFENSE TO

SUPPORT SCIENCE, MATHEMATICS, ENGINEERING, AND

TECHNOLOGY EDUCATION.

Section 2192 of title 10, United States Code, is amended--

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following new subsection (b):

``(b)(1) In furtherance of the authority of the Secretary of Defense under this chapter or any other provision of law to support educational programs in science, mathematics, engineering, and technology, the Secretary of Defense may--

``(A) enter into contracts and cooperative agreements with eligible persons;

``(B) make grants of financial assistance to eligible persons;

``(C) provide cash awards and other items to eligible persons; and

``(D) accept voluntary services from eligible persons.

``(2) In this subsection:

``(A) The term `eligible person' includes a department or agency of the Federal Government, a State, a political subdivision of a State, an individual, and a not-for-profit or other organization in the private sector.

``(B) The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory or possession of the United States.''.

SEC. 234. DEPARTMENT OF DEFENSE HIGH-SPEED NETWORK-CENTRIC

AND BANDWIDTH EXPANSION PROGRAM.

(a) In General.--The Secretary of Defense shall carry out a program of research and development to promote greater bandwidth capability with high-speed network-centric communications.

(b) Purposes of Activities.--The purposes of activities required by subsection (a) are as follows:

(1) To facilitate the acceleration of the network-centric operational capabilities of the Armed Forces, including more extensive utilization of unmanned vehicles, satellite communications, and sensors, through the promotion of research and development, and the focused coordination of programs, to fully achieve high-bandwidth connectivity to military assets.

(2) To provide for the development of equipment and technologies for military high-bandwidth network-centric communications facilities.

(c) Research and Development Program.--(1) In carrying out the program of research and development required by subsection (a)(1), the Secretary shall--

(A) identify areas of advanced wireless communications in which research and development, or the leveraging of emerging technologies, has significant potential to improve the performance, efficiency, cost, and flexibility of advanced network-centric communications systems;

(B) develop a coordinated plan for research and development on--

(i) improved spectrum access through spectrum-efficient network-centric communications systems;

(ii) networks, including complex ad hoc adaptive network structures;

(iii) end user devices, including efficient receivers and transmitter devices;

(iv) applications, including robust security and encryption; and

(v) any other matters that the Secretary considers appropriate for purposes of this section;

(C) ensure joint research and development, and promote joint systems acquisition and deployment, among the various services and Defense Agencies, including the development of common cross-service technology requirements and doctrines, so as to enhance interoperability among the various services and Defense Agencies;

(D) conduct joint experimentation among the various Armed Forces, and coordinate with the Joint Forces Command, on experimentation to support network-centric warfare capabilities to small units of the Armed Forces; and

(E) develop, to the extent practicable and in consultation with other Federal entities and private industry, cooperative research and development efforts.

(2) The Secretary shall carry out the program of research and development through the Director of Defense Research and Engineering, in full coordination with the Secretaries of the military departments, the heads of appropriate Defense Agencies, and the heads of other appropriate elements of the Department of Defense.

(d) Report.--(1) The Secretary shall, acting through the Director of Defense Research and Engineering, submit to the congressional defense committees a report on the activities undertaken under this section as of the date of such report. The report shall be submitted together with the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2005 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code).

(2) The report under paragraph (1) shall include--

(A) a description of the research and development activities carried out under subsection (a), including particular activities under subsection (c)(1)(B);

(B) an assessment of current and proposed funding for the activities set forth in each of clauses (i) through (v) of subsection (c)(1)(B), including the adequacy of such funding to support such activities;

(C) an assessment of the extent and success of any joint research and development activities under subsection

(c)(1)(C);

(D) a description of any joint experimentation activities under subsection (c)(1)(D);

(E) an assessment of the effects of limited communications bandwidth, and of limited access to electromagnetic spectrum, on recent military operations; and

(F) such recommendations for additional activities under this section as the Secretary considers appropriate to meet the purposes of this section.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year 2004 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:

(1) For the Army, $24,668,004,000.

(2) For the Navy, $28,051,390,000.

(3) For the Marine Corps, $3,416,356,000.

(4) For the Air Force, $26,975,231,000.

(5) For Defense-wide activities, $15,739,047,000.

(6) For the Army Reserve, $1,952,009,000.

(7) For the Naval Reserve, $1,170,421,000.

(8) For the Marine Corps Reserve, $173,452,000.

(9) For the Air Force Reserve, $2,178,688,000.

(10) For the Army National Guard, $4,227,331,000.

(11) For the Air National Guard, $4,405,646,000.

(12) For the Defense Inspector General, $160,049,000.

(13) For the United States Court of Appeals for the Armed Forces, $10,333,000.

(14) For Environmental Restoration, Army, $396,018,000.

(15) For Environmental Restoration, Navy, $256,153,000.

(16) For Environmental Restoration, Air Force,

$384,307,000.

(17) For Environmental Restoration, Defense-wide,

$24,081,000.

(18) For Environmental Restoration, Formerly Used Defense Sites, $252,619,000.

(19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $59,000,000.

(20) For Drug Interdiction and Counter-drug Activities, Defense-wide, $817,371,000.

(21) For Defense Health Program, $14,862,900,000.

(22) For Cooperative Threat Reduction programs,

$450,800,000.

SEC. 302. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2004 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:

(1) For the Defense Working Capital Funds, $1,661,307,000.

(2) For the National Defense Sealift Fund, $1,062,762,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

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

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 311. ARMED FORCES EMERGENCY SERVICES.

Of the amount authorized to be appropriated by section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be made available to the American Red Cross to fund the Armed Forces Emergency Services.

SEC. 312. COMMERCIAL IMAGERY INDUSTRIAL BASE.

(a) Limitation.--Not less than ninety percent of the total amount authorized to be appropriated under this title for the acquisition, processing, and licensing of commercial imagery, including amounts authorized to be appropriated under this title for experimentation related to commercial imagery, shall be used for the following purposes:

(1) To acquire space-based imagery from commercial sources.

(2) To support the development of next-generation commercial imagery satellites.

(b) Report.--(1) Not later than March 1, 2004, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the actions taken and to be taken by the Secretary to implement the President's commercial remote sensing policy. The Secretary shall consult with the Director of Central Intelligence in preparing the report.

(2) The report under paragraph (1) shall include an assessment of the following matters:

(A) The sufficiency of the policy, the funding for fiscal year 2004 for the procurement of imagery from commercial sources, and the funding planned in the future-years defense program for the procurement of imagery from commercial sources to sustain a viable commercial imagery industrial base in the United States.

(B) The extent to which the United States policy and programs relating to the procurement of imagery from commercial sources are sufficient to ensure that imagery is available to the Department of Defense from United States commercial firms to timely meet the needs of the Department of Defense for the imagery.

Subtitle C--Environmental Provisions

SEC. 321. GENERAL DEFINITIONS APPLICABLE TO FACILITIES AND

OPERATIONS.

(a) General Definitions Applicable to Facilities and Operations.--Section 101 of title 10, United States Code, is amended--

(1) by redesignating subsections (e) and (f) as subsections

(f) and (g), respectively; and

(2) by inserting after subsection (d) the following new subsection (e):

``(e) Facilities and Operations.--The following definitions relating to facilities and operations shall apply in this title:

``(1)(A) The term `military munitions' means all ammunition products and components produced for or used by the armed forces for national defense and security, including ammunition products or components under the control of the Department of Defense, the Coast Guard, the Department of Energy, and the National Guard. The term includes confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof.

``(B) The term does not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components, except that the term does include nonnuclear components of nuclear devices that are managed under the nuclear weapons program of the Department of Energy after all required sanitization operations under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been completed.

``(2) The term `operational range' means a range under the jurisdiction, custody, or control of the Secretary concerned that--

``(A) is used for range activities; or

``(B) is not currently used for range activities, but is still considered by the Secretary concerned to be a range and has not been put to a new use that is incompatible with range activities.

``(3) The term `range' means a designated land or water area that is set aside, managed, and used for range activities. The term includes firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, electronic scoring sites, and buffer zones with restricted access and exclusionary areas. The term also includes airspace areas designated for military use according to regulations and procedures established by the Federal Aviation Administration such as special use airspace areas, military training routes, and other associated airspace.

``(4) The term `range activities' means--

``(A) research, development, testing, and evaluation of military munitions, other ordnance, and weapons systems; and

``(B) the training of military personnel in the use and handling of military munitions, other ordnance, and weapons systems.

``(5) The term `unexploded ordnance' means military munitions that--

``(A) have been primed, fused, armed, or otherwise prepared for action;

``(B) have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installations, personnel, or material; and

``(C) remain unexploded either by malfunction, design, or any other cause.''.

(b) Conforming Amendments.--Section 2710(e) of such title is amended by striking paragraphs (3), (5), and (9) and redesignating paragraphs (4), (6), (7), (8), and (10) as paragraphs (3), (4), (5), (6), and (7), respectively.

SEC. 322. MILITARY READINESS AND CONSERVATION OF PROTECTED

SPECIES.

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

``CHAPTER 101A--READINESS AND RANGE PRESERVATION

``Sec.

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

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

``(a) Limitation on Designation of Critical Habitat.--The Secretary of the Interior may not designate as critical habitat any lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act

(16 U.S.C. 670a), if the Secretary determines that such plan addresses special management considerations or protection (as those terms are used in section 3(5)(A)(i) of the Endangered Species Act (16 U.S.C. 1532(5)(A)(i))).

``(b) Construction With Consultation Requirement.--Nothing in subsection (a) may be construed to affect the requirement to consult under section 7(a)(2) of the Endangered Species Act (16 U.S.C. 1536(a)(2)) with respect to an agency action

(as that term is defined in that section).''.

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

``101A. Readiness and Range Preservation....................2020''..... SEC. 323. ARCTIC AND WESTERN PACIFIC ENVIRONMENTAL TECHNOLOGY

COOPERATION PROGRAM.

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

``Sec. 2350m. Arctic and Western Pacific Environmental

Technology Cooperation Program

``(a) Authority To Conduct Program.--The Secretary of Defense may, with the concurrence of the Secretary of State, conduct on a cooperative basis with countries located in the Arctic and Western Pacific regions a program of environmental activities provided for in subsection (b) in such regions. The program shall be known as the `Arctic and Western Pacific Environmental Technology Cooperation Program'.

``(b) Program Activities.--(1) Except as provided in paragraph (3), activities under the program under subsection

(a) may include cooperation and assistance among elements of the Department of Defense and military departments or relevant agencies of other countries on activities that contribute to the demonstration of environmental technology.

``(2) Activities under the program shall be consistent with the requirements of the Cooperative Threat Reduction program.

``(3) Activities under the program may not include activities for purposes prohibited under section 1403 of the National Defense Authorization Act for Fiscal Year 1998

(Public Law 105-85; 111 Stat. 1960).

``(c) Limitation on Funding for Projects Other than Radiological Projects.--Not more than 10 percent of the amount made available for the program under subsection (a) in any fiscal year may be available for projects under the program other than projects on radiological matters.

``(d) Annual Report.--(1) Not later than March 1, 2004, and each year thereafter, the Secretary of Defense shall submit to Congress a report on activities under the program under subsection (a) during the preceding fiscal year.

``(2) The report on the program for a fiscal year under paragraph (1) shall include the following:

``(A) A description of the activities carried out under the program during that fiscal year, including a separate description of each project under the program.

``(B) A statement of the amounts obligated and expended for the program during that fiscal year, set forth in aggregate and by project.

``(C) A statement of the life cycle costs of each project, including the life cycle costs of such project as of the end of that fiscal year and an estimate of the total life cycle costs of such project upon completion of such project.

``(D) A statement of the participants in the activities carried out under the program during that fiscal year, including the elements of the Department of Defense and the military departments or agencies of other countries.

``(E) A description of the contributions of the military departments and agencies of other countries to the activities carried out under the program during that fiscal year, including any financial or other contributions to such activities.''.

(b) Clerical Amendment.--The table of sections at the beginning of that subchapter is amended by adding at the end the following new item:

``2350m. Arctic and Western Pacific Environmental Technology

Cooperation Program.''.

SEC. 324. PARTICIPATION IN WETLAND MITIGATION BANKS IN

CONNECTION WITH MILITARY CONSTRUCTION PROJECTS.

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

``Sec. 2697. Participation in wetland mitigation banks

``(a) Authority To Participate.--In the case of a military construction project that results, or may result, in the destruction of or impacts to wetlands, the Secretary concerned may make one or more payments to a wetland mitigation banking program or consolidated user site (also referred to as an `in-lieu-fee' program) meeting the requirement of subsection (b) in lieu of creating a wetland on Federal property as mitigation for the project.

``(b) Approval of Program or Site Required.--The Secretary concerned may make a payment to a program or site under subsection (a) only if the program or site is approved in accordance with the Federal Guidance for the Establishment, Use, and Operation of Mitigation Banks or the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403).

``(c) Availability of Funds.--Amounts authorized to be appropriated for a military construction project for which a payment is authorized by subsection (a) may be utilized for purposes of making the payment.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

SEC. 325. EXTENSION OF AUTHORITY TO USE ENVIRONMENTAL

RESTORATION ACCOUNT FUNDS FOR RELOCATION OF A

CONTAMINATED FACILITY.

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

``September 30, 2006''.

SEC. 326. APPLICABILITY OF CERTAIN PROCEDURAL AND

ADMINISTRATIVE REQUIREMENTS TO RESTORATION

ADVISORY BOARDS.

Section 2705(d)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

``(C)(i) Section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), relating to publication in the Federal Register of notices of meetings of advisory committees, shall not apply to any meeting of a restoration advisory board under this subsection, but a restoration advisory board shall publish timely notice of each meeting of the restoration advisory board in a local newspaper of general circulation.

``(ii) No limitation under any provision of law or regulations on the total number of advisory committees (as that term is defined in section 3(2) of the Federal Advisory Committee Act) in existence at any one time shall operate to limit the number of restoration advisory boards in existence under this subsection at any one time.''.

SEC. 327. EXPANSION OF AUTHORITIES ON USE OF VESSELS STRICKEN

FROM THE NAVAL VESSEL REGISTER FOR EXPERIMENTAL

PURPOSES.

(a) Expansion of Authorities.--Subsection (b) of section 7306a of title 10, United States Code, is amended to read as follows:

``(b) Stripping and Environmental Remediation of Vessels.--

(1) Before using a vessel for experimental purposes pursuant to subsection (a), the Secretary shall carry out such stripping of the vessel as is practicable and such environmental remediation of the vessel as is required for the use of the vessel for experimental purposes.

``(2) Material and equipment stripped from a vessel under paragraph (1) may be sold by the contractor or by a sales agent approved by the Secretary.

``(3) Amounts received as proceeds from the stripping of a vessel pursuant to this subsection shall be credited to funds available for stripping and environmental remediation of other vessels for use for experimental purposes.''.

(b) Inclusion of Certain Purposes in Use for Experimental Purposes.--That section is further amended by adding at the end the following new subsection:

``(c) Use for Experimental Purposes.--For purposes of this section, the term `use for experimental purposes', in the case of a vessel, includes use of the vessel by the Navy in sink exercises and as a target.''.

SEC. 328. TRANSFER OF VESSELS STRICKEN FROM THE NAVAL VESSEL

REGISTER FOR USE AS ARTIFICIAL REEFS.

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

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

``(a) Authority To Make Transfer.--Subject to subsection

(b), the Secretary of the Navy may transfer, by gift or otherwise, any vessel stricken from the Naval Vessel Register to any State, Commonwealth, or possession of the United States or any municipal corporation or political subdivision thereof.

``(b) Inapplicability to Certain Vessels.--The authority in subsection (a) shall not apply to vessels transferable to the Maritime Administration for disposal under section 548 of title 40.

``(c) Vessel To Be Used as Artificial Reef.--An agreement for the transfer of a vessel under subsection (a) shall require that--

``(1) the recipient use, site, construct, monitor, and manage the vessel only as an artificial reef in accordance with the requirements of the National Fishing Enhancement Act of 1984 (title II of Public Law 98-623; 33 U.S.C. 2101 et seq.), except that the recipient may use the artificial reef to enhance diving opportunities if such use does not have an adverse effect on fishery resources (as that term is defined in section 2(14) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(14)); and

``(2) the recipient obtain, and bear all responsibility for complying with, applicable Federal, State, interstate, and local permits for using, siting, constructing, monitoring, and managing the vessel as an artificial reef.

``(d) Preparation of Vessel for Use as Artificial Reef.--The Secretary shall ensure that the preparation of a vessel transferred under subsection (a) for use as an artificial reef is conducted in accordance with--

``(1) the environmental best management practices developed pursuant to section 3504(b) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 16 U.S.C. 1220 note); and

``(2) any applicable environmental laws.

``(e) Cost Sharing.--The Secretary may share with the recipient of a vessel transferred under subsection (a) any costs associated with transferring the vessel under that subsection, including costs of the preparation of the vessel under subsection (d).

``(f) No Limitation on Number of Vessels Transferable to Particular Recipient.--A State, Commonwealth, or possession of the United States, or any municipal corporation or political subdivision thereof, may be the recipient of more than one vessel transferred under subsection (a).

``(g) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with a transfer authorized by subsection (a) as the Secretary considers appropriate.

``(h) Construction.--Nothing in this section shall be construed to establish a preference for the use as artificial reefs of vessels stricken from the Naval Vessel Register in lieu of other authorized uses of such vessels, including the domestic scrapping of such vessels, or other disposals of such vessels, under this chapter or other applicable authority.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7306a the following new item:

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

SEC. 329. SALVAGE FACILITIES.

(a) Facilities To Include Environmental Protection Equipment.--Section 7361(a) of title 10, United States Code, is amended--

(1) by inserting ``(1)'' before ``The Secretary''; and

(2) by adding at the end the following new paragraph:

``(2) For purposes of this section, salvage facilities shall include equipment and gear utilized to prevent, abate, or minimize damage to the environment arising from salvage activities.''.

(b) Claims To Include Compensation for Environmental Protection.--Section 7363 of such title is amended--

(1) by inserting ``(a) Authority To Settle Claims.--'' before ``The Secretary''; and

(2) by adding at the end the following new subsection:

``(b) Environmental Protection Services.--A claim for salvage services covered by subsection (a) may include, in addition to a claim for such salvage services, a claim for compensation for services to prevent, abate, or minimize damage to the environment arising from such salvage services.''.

SEC. 330. TASK FORCE ON RESOLUTION OF CONFLICT BETWEEN

MILITARY TRAINING AND ENDANGERED SPECIES

PROTECTION AT BARRY M. GOLDWATER RANGE,

ARIZONA.

(a) Purpose.--The purpose of this section is to facilitate the determination of effective means of resolving the current conflict between the dual objectives at Barry M. Goldwater Range, Arizona, of the full utilization of live ordnance delivery areas for military training and the protection of endangered species.

(b) Task Force.--The Secretary of Defense shall establish a task force to determine and assess various means of enabling full use of the live ordnance delivery areas at Barry M. Goldwater Range while also protecting endangered species that are present at Barry M. Goldwater Range.

(c) Composition.--(1) The task force established under subsection (b) shall be composed of the following:

(A) The Air Force range officer, who shall serve as chair of the task force.

(B) The range officer at Barry M. Goldwater Range.

(C) The commander of Luke Air Force Base, Arizona.

(D) The commander of Marine Corps Air Station, Yuma, Arizona.

(E) The Director of the United States Fish and Wildlife Service.

(F) The manager of the Cabeza Prieta National Wildlife Refuge, Arizona.

(G) A representative of the Department of Game and Fish of the State of Arizona, as selected by the Secretary in consultation with the Governor of the State of Arizona.

(H) A representative of a wildlife interest group in the State of Arizona, as selected by the Secretary in consultation with wildlife interest groups in the State of Arizona.

(I) A representative of an environmental interest group

(other than a wildlife interest group) in the State of Arizona, as selected by the Secretary in consultation with environmental interest groups in the State of Arizona.

(2) The chair of the task force may secure for the task force the services of such experts with respect to the duties of the task force under subsection (d) as the chair considers advisable to carry out such duties.

(d) Duties.--The task force established under subsection

(b) shall--

(1) assess the effects of the presence of endangered species on military training activities in the live ordnance delivery areas at Barry M. Goldwater Range and in any other areas of the range that are adversely effected by the presence of endangered species;

(2) determine various means of addressing any significant adverse effects on military training activities on Barry M. Goldwater Range that are identified pursuant to paragraph

(1); and

(3) determine the benefits and costs associated with the implementation of each means identified under paragraph (2).

(e) Report.--Not later than February 28, 2005, the task force under subsection (b) shall submit to Congress a report on its activities under this section. The report shall include--

(1) a description of the assessments and determinations made under subsection (d);

(2) such recommendations for legislative and administrative action as the task force considers appropriate; and

(3) an evaluation of the utility of task force proceedings as a means of resolving conflicts between military training objectives and protection of endangered species at other military training and testing ranges.

SEC. 331. PUBLIC HEALTH ASSESSMENT OF EXPOSURE TO

PERCHLORATE.

(a) Epidemiological Study of Exposure to Perchlorate.--

(1) In general.--The Secretary of Defense shall provide for an independent epidemiological study of exposure to perchlorate in drinking water.

(2) Performance of study.--The Secretary shall provide for the performance of the study under this subsection through the Centers for Disease Control, the National Institutes of Health, or another Federal entity with experience in environmental toxicology selected by the Secretary for purposes of the study.

(3) Matters to be included in study.--In providing for the study under this subsection, the Secretary shall require the Federal entity conducting the study--

(A) to assess the incidence of thyroid disease and measurable effects of thyroid function in relation to exposure to perchlorate;

(B) to ensure that the study is of sufficient scope and scale to permit the making of meaningful conclusions of the measurable public health threat associated with exposure to perchlorate, especially the threat to sensitive subpopulations; and

(C) to study thyroid function, including measurements of urinary iodine and thyroid hormone levels, in a sufficient number of pregnant women, neonates, and infants exposed to perchlorate in drinking water and match measurements of perchlorate levels in the drinking water of each study participant in order to permit the development of meaningful conclusions on the public health threat to individuals exposed to perchlorate.

(4) Report on study.--The Secretary shall require the Federal entity conducting the study under this subsection to submit to the Secretary a report on the study not later than June 1, 2005.

(b) Review of Effects of Perchlorate on Endocrine System.--

(1) In general.--The Secretary shall provide for an independent review of the effects of perchlorate on the human endocrine system.

(2) Performance of review.--The Secretary shall provide for the performance of the review under this subsection through the Centers for Disease Control, the National Institutes of Health, or another appropriate Federal research entity with experience in human endocrinology selected by the Secretary for purposes of the review. The Secretary shall ensure that the panel conducting the review is composed of individuals with expertise in human endocrinology.

(3) Matters to be included in review.--In providing for the review under this subsection, the Secretary shall require the Federal entity conducting the review to assess--

(A) available data on human exposure to perchlorate, including clinical data and data on exposure of sensitive subpopulations, and the levels at which health effects were observed; and

(B) available data on other substances that have endocrine effects similar to perchlorate to which the public is frequently exposed.

(4) Report on review.--The Secretary shall require the Federal entity conducting the review under this subsection to submit to the Secretary a report on the review not later than June 1, 2005.

Subtitle D--Reimbursement Authorities

SEC. 341. REIMBURSEMENT OF RESERVE COMPONENT MILITARY

PERSONNEL ACCOUNTS FOR PERSONNEL COSTS OF

SPECIAL OPERATIONS RESERVE COMPONENT PERSONNEL

ENGAGED IN LANDMINES CLEARANCE.

(a) Reimbursement.--Funds authorized to be appropriated under section 301 for Overseas Humanitarian, Disaster, and Civic Aid programs shall be available for transfer to reserve component military personnel accounts in reimbursement of such accounts for the pay and allowances paid to reserve component personnel under the United States Special Operations Command for duty performed by such personnel in connection with training and other activities relating to the clearing of landmines for humanitarian purposes.

(b) Maximum Amount.--Not more than $5,000,000 may be transferred under subsection (a).

(c) Merger of Transferred Funds.--Funds transferred to an account under this section shall be merged with other sums in the account and shall be available for the same period and purposes as the sums with which merged.

(d) Relationship to Other Transfer Authority.--The transfer authority under this section is in addition to the transfer authority provided under section 1001.

SEC. 342. REIMBURSEMENT OF RESERVE COMPONENT ACCOUNTS FOR

COSTS OF INTELLIGENCE ACTIVITIES SUPPORT

PROVIDED BY RESERVE COMPONENT PERSONNEL.

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

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

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

``(b) Reimbursable Costs.--The transfer requirement under subsection (a) applies with respect to the performance of duty in providing intelligence support, counterintelligence support, or intelligence and counterintelligence support to a combatant command, Defense Agency, or joint intelligence activity, including any activity or program within the National Foreign Intelligence Program, the Joint Military Intelligence Program, or the Tactical Intelligence and Related Activities Program.

``(c) Sources of Reimbursements.--Funds available for operation and maintenance for the Army, Navy, Air Force, or Marine Corps, for a combatant command, or for a Defense Agency shall be available for transfer under this section to military personnel accounts and operation and maintenance accounts of the reserve components.

``(d) Distribution to Units.--Amounts reimbursed to an account for duty performed by reserve component personnel shall be distributed to the lowest level unit or other organization of such personnel that administers and is accountable for the appropriated funds charged the costs that are being reimbursed.

``(e) Merger of Transferred Funds.--Funds transferred to an account under this section shall be merged with other sums in the account and shall be available for the same period and purposes as the sums with which merged.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended inserting after the item relating to section 18502 the following new item:

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

SEC. 343. REIMBURSEMENT RATE FOR AIRLIFT SERVICES PROVIDED TO

THE DEPARTMENT OF STATE.

(a) Authority.--Subsection (a) of section 2642 of title 10, United States Code, is amended--

(1) by striking ``(a) Authority'' and all that follows through ``the Department of Defense'' and inserting the following:

``(a) Authority.--The Secretary of Defense may authorize the use of the Department of Defense reimbursement rate for military airlift services provided by a component of the Department of Defense as follows:

``(1) Military airlift services provided''; and

(2) by adding at the end the following new paragraph:

``(2) Military airlift services provided to the Department of State for the transportation of armored motor vehicles to a foreign country to meet unfulfilled requirements of the Department of State for armored motor vehicles in such foreign country.''.

(b) Conforming and Clerical Amendments.--(1) The heading for such section is amended to read as follows:

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

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

``2642. Reimbursement rate for airlift services provided to Central

Intelligence Agency or Department of State.''.

Subtitle E--Defense Dependents Education

SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT

BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED

FORCES AND DEPARTMENT OF DEFENSE CIVILIAN

EMPLOYEES.

(a) Continuation of Department of Defense Program for Fiscal Year 2004.--Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $30,000,000 shall be available only for the purpose of providing educational agencies assistance to local educational agencies.

(b) Notification.--Not later than June 30, 2004, the Secretary of Defense shall notify each local educational agency that is eligible for educational agencies assistance for fiscal year 2004 of--

(1) that agency's eligibility for the assistance; and

(2) the amount of the assistance for which that agency is eligible.

(c) Disbursement of Funds.--The Secretary of Defense shall disburse funds made available under subsection (a) not later than 30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (b).

(d) Definitions.--In this section:

(1) The term ``educational agencies assistance'' means assistance authorized under section 386(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 7703 note).

(2) The term ``local educational agency'' has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

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

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

Subtitle F--Other Matters

SEC. 361. SALE OF DEFENSE INFORMATION SYSTEMS AGENCY SERVICES

TO CONTRACTORS PERFORMING THE NAVY-MARINE CORPS

INTRANET CONTRACT.

(a) Authority.--The Secretary of Defense may sell working-capital funded services of the Defense Information Systems Agency to a person outside the Department of Defense for use by that person in the performance of the Navy-Marine Corps Intranet contract.

(b) Reimbursement.--The Secretary shall require reimbursement of each working-capital fund for the costs of services sold under subsection (a) that were paid for out of such fund. The sources of the reimbursement shall be the appropriation or appropriations funding the Navy-Marine Corps Intranet contract or any cash payments received by the Secretary for the services.

(c) Navy-Marine Corps Intranet Contract Defined.--In this section, the term ``Navy-Marine Corps Intranet contract'' has the meaning given such term in section 814 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398 (114 Stat. 1654A-217)).

SEC. 362. USE OF THE DEFENSE MODERNIZATION ACCOUNT FOR LIFE

CYCLE COST REDUCTION INITIATIVES.

(a) Funds Available for Defense Modernization Account.--Section 2216 of title 10, United States Code is amended--

(1) by striking subsection (c);

(2) by redesignating subsection (b) as subsection (c); and

(3) by inserting after subsection (a) the following new subsection (b):

``(b) Funds Available for Account.--The Defense Modernization Account shall consist of the following:

``(1) Amounts appropriated to the Defense Modernization Account for the costs of commencing projects described in subsection (d)(1), and amounts reimbursed to the Defense Modernization Account under subsections (c)(1)(B)(iii) out of savings derived from such projects.

``(2) Amounts transferred to the Defense Modernization Account under subsection (c).''.

(b) Start-Up Funding.--Subsection (d) of such section is amended--

(1) by striking ``available from the Defense Modernization Account pursuant to subsection (f) or (g)'' and inserting

``in the Defense Modernization Account'';

(2) by redesignating paragraphs (1) and (2) as paragraphs

(2) and (3), respectively; and

(3) by inserting after ``purposes:'' the following new paragraph (1):

``(1) For paying the costs of commencing any project that, in accordance with criteria prescribed by the Secretary of Defense, is undertaken by the Secretary of a military department or the head of a Defense Agency or other element of the Department of Defense to reduce the life cycle cost of a new or existing system.''.

(c) Reimbursement of Account Out of Savings.--(1) Paragraph

(1)(B) of subsection (c) of such section, as redesignated by subsection (a)(2), is amended by adding at the end the following new clause:

``(iii) Unexpired funds in appropriations accounts that are available for procurement or operation and maintenance of a system, if and to the extent that savings are achieved for such accounts through reductions in life cycle costs of such system that result from one or more projects undertaken with respect to such systems with funds made available from the Defense Modernization Account under subsection (b)(1).''.

(2) Paragraph (2) of such subsection is amended by inserting ``, other than funds referred to in paragraph subparagraph (B)(iii) of such paragraph,'' after ``Funds referred to in paragraph (1)''.

(d) Regulations.--Subsection (h) of such section is amended--

(1) by inserting ``(1)'' after ``Comptroller.--''; and

(2) by adding at the end the following new paragraph (2):

``(2) The regulations prescribed under paragraph (1) shall, at a minimum, provide for--

``(A) the submission of proposals by the Secretaries concerned or heads of Defense Agencies or other elements of the Department of Defense to the Comptroller for the use of Defense Modernization Account funds for purposes set forth in subsection (d);

``(B) the use of a competitive process for the evaluation of such proposals and the selection of programs, projects, and activities to be funded out of the Defense Modernization Account from among those proposed for such funding; and

``(C) the calculation of--

``(i) the savings to be derived from projects described in subsection (d)(1) that are to be funded out of the Defense Modernization Account; and

``(ii) the amounts to be reimbursed to the Defense Modernization Account out of such savings pursuant to subsection (c)(1)(B)(iii).''.

(e) Annual Report.--Subsection (i) of such section is amended--

(1) by striking ``(i) Quarterly Reports.--(1) Not later than 15 days after the end of each calendar quarter,'' and inserting ``(i) Annual Report.--(1) Not later than 15 days after the end of each fiscal year''; and

(2) in paragraph (1), by striking ``quarter'' in subparagraphs (A), (B), and (C), and inserting ``fiscal year''.

(f) Extension of Authority.--Section 912(c)(1) of the National Defense Authorization Act for Fiscal Year 1996 is amended--

(1) by striking ``section 2216(b)'' and inserting ``section 2216(c)''; and

(2) by striking ``September 30, 2003'' and inserting

``September 30, 2006''.

SEC. 363. EXEMPTION OF CERTAIN FIREFIGHTING SERVICE CONTRACTS

FROM PROHIBITION ON CONTRACTS FOR PERFORMANCE

OF FIREFIGHTING FUNCTIONS.

Section 2465(b) of title 10, United States Code, is amended--

(1) in paragraph (2), by striking ``or'' at the end;

(2) in paragraph (3), by striking the period and inserting

``; or''; and

(3) by adding at the end the following new paragraph:

``(4) to a contract for the performance for firefighting functions if the contract is--

``(A) for a period of one year or less; and

``(B) for the performance of firefighting functions that would otherwise be performed by military firefighters who are otherwise deployed.''.

SEC. 364. TECHNICAL AMENDMENT RELATING TO TERMINATION OF

SACRAMENTO ARMY DEPOT, SACRAMENTO, CALIFORNIA.

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

SEC. 365. EXCEPTION TO COMPETITION REQUIREMENT FOR WORKLOADS

PREVIOUSLY PERFORMED BY DEPOT-LEVEL ACTIVITIES.

Section 2469 of title 10, United States Code, is amended--

(1) in subsection (b), by inserting ``, except as provided in subsection (c)'' before the period at the end;

(2) by redesignating subsection (c) as subsection (d); and

(3) by inserting after subsection (b) the following new subsection (c):

``(c) Exception.--Subsection (a) does not apply to any depot-level maintenance and repair workload that is performed by a public-private partnership under section 2474(b) of this title consisting of a depot-level activity and a private entity.''.

SEC. 366. SUPPORT FOR TRANSFERS OF DECOMMISSIONED VESSELS AND

SHIPBOARD EQUIPMENT.

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

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

``(a) Authority To Provide Assistance.--The Secretary of the Navy may provide an entity described in subsection (b) with assistance in support of a transfer of a vessel or shipboard equipment described in such subsection that is being executed under section 2572, 7306, 7307, or 7545 of this title, or under any other authority.

``(b) Covered Vessels and Equipment.--The authority under this section applies--

``(1) in the case of a decommissioned vessel that--

``(A) is owned and maintained by the Navy, is located at a Navy facility, and is not in active use; and

``(B) is being transferred to an entity designated by the Secretary of the Navy or by law to receive transfer of the vessel; and

``(2) in the case of any shipboard equipment that--

``(A) is on a vessel described in paragraph (1)(A); and

``(B) is being transferred to an entity designated by the Secretary of the Navy or by law to receive transfer of the equipment.

``(c) Reimbursement.--The Secretary may require a recipient of assistance under subsection (a) to reimburse the Navy for amounts expended by the Navy in providing the assistance.

``(d) Deposit of Funds Received.--Funds received in a fiscal year under subsection (c) shall be credited to the appropriation available for such fiscal year for operation and maintenance for the office of the Navy managing inactive ships, shall be merged with other sums in the appropriation that are available for such office, and shall be available for the same purposes and period as the sums with which merged.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

SEC. 367. AIRCRAFT FOR PERFORMANCE OF AERIAL REFUELING

MISSION.

(a) Restriction on Retirement of KC-135E Aircraft.--The Secretary of the Air Force shall ensure that the number of KC-135E aircraft of the Air Force that are retired in fiscal year 2004, if any, does not exceed 12 such aircraft.

(b) Required Analysis.--Not later than March 1, 2004, the Secretary of the Air Force shall submit to the congressional defense committees an analysis of alternatives for meeting the aerial refueling requirements that the Air Force has the mission to meet. The Secretary shall provide for the analysis to be performed by a federally funded research and development center or another entity independent of the Department of Defense.

SEC. 368. STABILITY OF CERTAIN EXISTING MILITARY TROOP DINING

FACILITIES CONTRACTS.

(a) Inapplicability of Randolph-Sheppard Act.--The Randolph-Sheppard Act does not apply to any contract described in subsection (b) for so long as the contract is in effect, including for any period for which the contract is extended pursuant to an option provided in the contract.

(b) Javits-Wagner-O'Day Contracts.--Subsection (a) applies to any contract for the operation of a Department of Defense facility described in subsection (c) that was entered into before the date of the enactment of this Act with a nonprofit agency for the blind or an agency for other severely handicapped in compliance with section 3 of the Javits-Wagner-O'Day Act (41 U.S.C. 48) and is in effect on such date.

(c) Covered Facilities.--The Department of Defense facilities referred to in subsection (b) are as follows:

(1) A military troop dining facility.

(2) A military mess hall.

(3) Any similar dining facility operated for the purpose of providing meals to members of the Armed Forces.

(d) Enactment of Popular Name as Short Title.--The Act entitled ``An Act to authorize the operation of stands in Federal buildings by blind persons, to enlarge the economic opportunities of the blind, and for other purposes'', approved June 20, 1936 (commonly known as the ``Randolph-Sheppard Act'') (20 U.S.C. 107 et seq.), is amended by adding at the end the following new section:

``Sec. 11. This Act may be cited as the `Randolph-Sheppard Act'.''.

SEC. 369. REPEAL OF CALENDAR YEAR LIMITATIONS ON USE OF

COMMISSARY STORES BY CERTAIN RESERVES AND

OTHERS.

(a) Members of the Ready Reserve.--Section 1063(a) of title 10, United States Code, is amended by striking the period at the end of the first sentence and all that follows and inserting ``in that calendar year.''.

(b) Certain Other Persons.--Section 1064 of such title is amended by striking ``for 24 days each calendar year''.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2004, as follows:

(1) The Army, 480,000.

(2) The Navy, 373,800.

(3) The Marine Corps, 175,000.

(4) The Air Force, 359,300.

SEC. 402. INCREASED MAXIMUM PERCENTAGE OF GENERAL AND FLAG

OFFICERS ON ACTIVE DUTY AUTHORIZED TO BE

SERVING IN GRADES ABOVE BRIGADIER GENERAL AND

REAR ADMIRAL (LOWER HALF).

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

SEC. 403. EXTENSION OF CERTAIN AUTHORITIES RELATING TO

MANAGEMENT OF NUMBERS OF GENERAL AND FLAG

OFFICERS IN CERTAIN GRADES.

(a) Senior Joint Officer Positions.--Section 604(c) of title 10, United States Code, is amended by striking

``December 31, 2004'' and inserting ``December 31, 2005''.

(b) Distribution of Officers on Active Duty in General and Flag Officer Grades.--Section 525(b)(5)(C) of such title is amended by striking ``December 31, 2004'' and inserting

``December 31, 2005''.

(c) Authorized Strength for General and Flag Officers on Active Duty.--Section 526(b)(3) of such title is amended by striking ``December 31, 2004'' and inserting ``December 31, 2005''.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General.--The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2004, as follows:

(1) The Army National Guard of the United States, 350,000.

(2) The Army Reserve, 205,000.

(3) The Naval Reserve, 85,900.

(4) The Marine Corps Reserve, 39,600.

(5) The Air National Guard of the United States, 107,000.

(6) The Air Force Reserve, 75,800.

(7) The Coast Guard Reserve, 10,000.

(b) Adjustments.--The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--

(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strengths of such units and by the total number of such individual members. SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN

SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2004, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 25,599.

(2) The Army Reserve, 14,374.

(3) The Naval Reserve, 14,384.

(4) The Marine Corps Reserve, 2,261.

(5) The Air National Guard of the United States, 12,191.

(6) The Air Force Reserve, 1,660.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL

STATUS).

The minimum number of military technicians (dual status) as of the last day of fiscal year 2004 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1) For the Army Reserve, 6,699.

(2) For the Army National Guard of the United States, 24,589.

(3) For the Air Force Reserve, 9,991.

(4) For the Air National Guard of the United States, 22,806.

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

TECHNICIANS.

(a) Limitations.--(1) Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2004, may not exceed the following:

(A) For the Army National Guard of the United States, 1,600.

(B) For the Air National Guard of the United States, 350.

(2) The number of non-dual status technicians employed by the Army Reserve as of September 30, 2004, may not exceed 895.

(3) The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2004, may not exceed 90.

(b) Non-Dual Status Technicians Defined.--In this section, the term ``non-dual status technician'' has the meaning given the term in section 10217(a) of title 10, United States Code.

Subtitle C--Other Matters Relating to Personnel Strengths

SEC. 421. REVISION OF PERSONNEL STRENGTH AUTHORIZATION AND

ACCOUNTING PROCESS.

(a) Annual Authorization of Strengths.--Subsection (a) of section 115 of title 10, United States Code, is amended to read as follows:

``(a) Congress shall authorize personnel strength levels for each fiscal year for each of the following:

``(1) The average strength for each of the armed forces

(other than the Coast Guard) for active-duty personnel who are to be paid from funds appropriated for active-duty personnel.

``(2) The average strength for each of the armed forces

(other than the Coast Guard) for active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel.

``(3) The average strength for the Selected Reserve of each reserve component of the armed forces.''.

(b) Limitation on Use of Funds.--Subsection (b) of such section is amended by striking ``end strength'' in paragraphs

(1) and (2) and inserting ``strength''.

(c) Authority of Secretary of Defense To Vary Strengths.--Subsection (c) of such section is amended--

(1) by striking ``end strength'' each place it appears and inserting ``strength'';

(2) in paragraph (1), by striking ``subsection (a)(1)(A)'' and inserting ``subsection (a)(1)'';

(3) in paragraph (2), by striking ``subsection (a)(1)(B)'' and inserting ``subsection (a)(2)''; and

(4) in paragraph (3), by striking ``subsection (a)(2)'' and inserting ``subsection (a)(3)''.

(d) Counting Personnel.--Subsection (d) of such section is amended--

(1) by striking ``end-strengths authorized pursuant to subsection (a)(1)'' and inserting ``strengths authorized pursuant to paragraphs (1) and (2) of subsection (a)''; and

(2) in paragraph (9)(B), by striking ``subsection

(a)(1)(A)'' and inserting ``subsection (a)(1)''.

(e) Navy Strength When Augmented by Coast Guard.--Subsection (e) of such section is amended by striking

``subsection (a)(1)'' and inserting ``paragraphs (1) and (2) of subsection (a)''.

(f) Authority of Secretaries of Military Departments To Vary Strengths.--Subsection (f) of such section is amended--

(1) by striking ``end strength'' both places it appears and inserting ``strength''; and

(2) by striking ``subsection (a)(1)(A)'' in the first sentence and inserting ``subsection (a)(1)''.

(g) Authorization of Strengths for Dual Status Military Technicians.--Subsection (g) of such section is amended by striking ``end strength'' both places it appears and inserting ``strength''.

(h) Conforming Amendments.--(1) Section 168(f)(1)(A) of title 10, United States Code, is amended by striking ``end strength for active-duty personnel authorized pursuant to section 115(a)(1)'' and inserting ``strengths for active-duty personnel authorized pursuant to paragraphs (1) and (2) of section 115(a)''.

(2) Section 691(f) of such title is amended by striking

``section 115(a)(1)'' and inserting ``paragraphs (1) and (2) of section 115(a)''.

(3) Section 3201(b) of such title is amended by striking

``section 115(a)(1)'' and inserting ``paragraphs (1) and (2) of section 115(a)''.

(4)(A) Section 10216 of such title is amended--

(i) by striking ``end strengths'' in subsections (b)(1) and

(c)(1) and inserting ``strengths''; and

(ii) by striking ``end strength'' each place it appears in subsection (c)(2)(A) and inserting ``strength''.

(B) The heading for subsection (c) is amended by striking

``End''.

(5) Section 12310(c)(4) of such title is amended by striking ``end strength authorizations required by section 115(a)(1)(B) and 115(a)(2)'' and inserting ``strength authorizations required by paragraphs (2) and (3) of section 115(a)''.

(6) Section 16132(d) of such title is amended by striking

``end strength required to be authorized each year by section 115(a)(1)(B)'' in the second sentence and inserting

``strength required to be authorized each year by section 115(a)(2)''.

(7) Section 112 of title 32, United States Code, is amended--

(A) in subsection (e)--

(i) in the heading, by striking ``End-Strength'' and inserting ``Strength''; and

(ii) by striking ``end strength'' and inserting

``strength'';

(B) in subsection (f)--

(i) in the heading, by striking ``End Strength'' and inserting ``Strength''; and

(ii) in paragraph (2), by striking ``end strength'' and inserting ``strength''; and

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

SEC. 422. EXCLUSION OF RECALLED RETIRED MEMBERS FROM CERTAIN

STRENGTH LIMITATIONS DURING PERIOD OF WAR OR

NATIONAL EMERGENCY.

(a) Annual Authorized End Strengths.--Section 115(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:

``(12) Members of the armed forces ordered to active duty under section 688 of this title during any period of war declared by Congress or any period of national emergency declared by Congress or the President in which members of a reserve component are serving on active duty pursuant to an order to active duty under section 12301 or 12302 of this title, for so long as the members ordered to active duty under such section 688 continue to serve on active duty during the period of the war or national emergency and the one-year period beginning on the date of the termination of the war or national emergency, as the case may be.''

(b) Strength Limitations for Officers in Pay Grades O-4 Through O-6.--Section 523(b) of such title is amended by adding at the end the following new paragraph:

``(8) Officers ordered to active duty under section 688 of this title during any period of war declared by Congress or any period of national emergency declared by Congress or the President in which members of a reserve component are serving on active duty pursuant to an order to active duty under section 12301 or 12302 of this title, for so long as the members ordered to active duty under such section 688 continue to serve on active duty during the period of the war or national emergency and the one-year period beginning on the date of the termination of the war or national emergency, as the case may be.''.

Subtitle D--Authorization of Appropriations

SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY

PERSONNEL.

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

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

SEC. 501. RETENTION OF HEALTH PROFESSIONS OFFICERS TO FULFILL

ACTIVE DUTY SERVICE OBLIGATIONS FOLLOWING

FAILURE OF SELECTION FOR PROMOTION.

(a) In General.--Subsection (a) of section 632 of title 10, United States Code, is amended--

(1) by striking ``or'' at the end of paragraph (2);

(2) by striking the period at the end of paragraph (3) and inserting ``; or''; and

(3) by adding at the end the following new paragraph:

``(4) if the officer is a health professions officer described in subsection (c) who, as of the date of discharge determined for the officer under paragraph (1), has not completed an active duty service obligation incurred by the officer under section 2005, 2114, 2123, or 2603 of this title, be retained on active duty until the officer completes the active duty service for which obligated, unless the Secretary concerned determines that the completion of the service obligation by the officer is not in the best interest of the Army, Navy, Air Force, or Marine Corps, as the case may be.''.

(b) Covered Health Professions Officers.--Section 632 of such title is amended by adding at the end the following new subsection:

``(c) Health Professions Officers.--Subsection (a)(4) applies to the following officers:

``(1) A medical officer.

``(2) A dental officer.

``(3) Any other officer appointed in a medical skill (as defined in regulations prescribed by the Secretary of Defense).''.

(c) Technical Amendment.--Subsection (a)(3) of such section is amended by striking ``clause (1)'' and inserting

``paragraph (1)''.

SEC. 502. ELIGIBILITY FOR APPOINTMENT AS CHIEF OF ARMY

VETERINARY CORPS.

(a) Appointment From Among Members of the Corps.--Section 3084 of title 10, United States Code, is amended by inserting after ``The Chief of the Veterinary Corps of the Army'' the following: ``shall be appointed from among officers of the Veterinary Corps. The Chief of the Veterinary Corps''.

(b) Applicability.--The amendment made by subsection (a) shall apply to appointments of the Chief of the Veterinary Corps of the Army that are made on or after the date of the enactment of this Act.

Subtitle B--Reserve Component Personnel Policy

SEC. 511. EXPANDED AUTHORITY FOR USE OF READY RESERVE IN

RESPONSE TO TERRORISM.

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

SEC. 512. STREAMLINED PROCESS FOR CONTINUING OFFICERS ON THE

RESERVE ACTIVE-STATUS LIST.

(a) Continuation.--Section 14701 of title 10, United States Code, is amended--

(1) in subsection (a)--

(A) in paragraph (1), by striking ``by a selection board convened under section 14101(b) of this title'' and inserting

``under regulations prescribed under subsection (b)'';

(B) in paragraph (6), by striking ``as a result of the convening of a selection board under section 14101(b) of this title'';

(2) by striking subsections (b) and (c); and

(3) by redesignating subsection (d) as subsection (b).

(b) Conforming Amendments.--Subsection (b) of section 14101 of such title is amended--

(1) by striking paragraph (1); and

(2) by redesignating paragraphs (2) and (3) as paragraphs

(1) and (2), respectively.

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

OF NATIONAL GUARD UNITS.

(a) Continuation in State Status.--Subsection (a) of section 325 of title 32, United States Code, is amended--

(1) by striking ``(a) Each'' and inserting ``(a) Relief Required.--(1) Except as provided in paragraph (2), each''; and

(2) by adding at the end the following new paragraph:

``(2) An officer of the Army National Guard of the United States or the Air National Guard of the United States is not relieved from duty in the National Guard of his State or Territory, or of Puerto Rico or the District of Columbia, under paragraph (1) while serving on active duty in command of a National Guard unit if--

``(A) the President authorizes such service in both duty statuses; and

``(B) the Governor of his State or Territory or Puerto Rico, or the Commanding General of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses.''.

(b) Format Amendment.--Subsection (b) of such section is amended by inserting ``Return to State Status.--'' after

``(b)''.

Subtitle C--Revision of Retirement Authorities

SEC. 521. PERMANENT AUTHORITY TO REDUCE THREE-YEAR TIME-IN-

GRADE REQUIREMENT FOR RETIREMENT IN GRADE FOR

OFFICERS IN GRADES ABOVE MAJOR AND LIEUTENANT

COMMANDER.

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

``after September 30, 2002''.

Subtitle D--Education and Training

SEC. 531. INCREASED FLEXIBILITY FOR MANAGEMENT OF SENIOR

LEVEL EDUCATION AND POST-EDUCATION ASSIGNMENTS.

(a) Repeal of Post-Education Joint Duty Assignments Requirement.--Subsection (d) of section 663 of title 10, United States Code, is repealed.

(b) Repeal of Minimum Duration Requirement for Principal Course of Instruction at the Joint Forces Staff College.--Subsection (e) of such section is repealed.

SEC. 532. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR

CADETS AND MIDSHIPMEN RECEIVING ROTC

SCHOLARSHIPS.

(a) Financial Assistance Program for Service on Active Duty.--Section 2107(c) of title 10, United States Code, is amended--

(1) in paragraph (1), by striking the first sentence and inserting the following: ``The Secretary concerned may provide financial assistance described in paragraph (3) for a student appointed as a cadet or midshipman by the Secretary under subsection (a).'';

(2) in paragraph (2), by striking ``as described in paragraph (1)'' and inserting ``as described in paragraph

(3)''; and

(3) by adding at the end the following new paragraphs:

``(3)(A) The financial assistance provided for a student under this subsection shall be the payment of one of the two sets of expenses selected by the Secretary, as follows:

``(i) Tuition, fees, books, and laboratory expenses.

``(ii) Expenses for room and board and any other necessary expenses imposed by the student's educational institution for the academic program in which the student is enrolled, which may include any of the expenses described in clause (i).

``(B) The total amount of the financial assistance provided for a student for an academic year under clause (ii) of subparagraph (A) may not exceed the total amount of the financial assistance that would otherwise have been provided for the student for that academic year under clause (i) of such subparagraph.

``(4) The Secretary of the military department concerned may provide for the payment of all expenses in the Secretary's department of administering the financial assistance program under this section, including the payment of expenses described in paragraph (3).''.

(b) Financial Assistance Program for Service in Troop Program Units.--Section 2107a(c) of such title is amended to read as follows:

``(c)(1) The Secretary of the Army may provide financial assistance described in paragraph (2) for a student appointed as a cadet by the Secretary under subsection (a).

``(2)(A) The financial assistance provided for a student under this subsection shall be the payment of one of the two sets of expenses selected by the Secretary concerned, as follows:

``(i) Tuition, fees, books, and laboratory expenses.

``(ii) Expenses for room and board and any other necessary expenses imposed by the student's educational institution for the academic program in which the student is enrolled, which may include any of the expenses described in clause (i).

``(B) The total amount of the financial assistance provided for a student for an academic year under clause (ii) of subparagraph (A) may not exceed the total amount of the financial assistance that would otherwise have been provided for the student for that academic year under clause (i) of such subparagraph.

``(3) The Secretary may provide for the payment of all expenses in the Department of the Army for administering the financial assistance program under this section, including the payment of expenses described in paragraph (2).''.

SEC. 533. ELIGIBILITY AND COST REIMBURSEMENT REQUIREMENTS FOR

PERSONNEL TO RECEIVE INSTRUCTION AT THE NAVAL

POSTGRADUATE SCHOOL.

(a) Expanded Eligibility for Enlisted Personnel.--Subsection (a)(2) of section 7045 of title 10, United States Code, is amended--

(1) by inserting ``(A)'' after ``(2)'';

(2) by striking ``this paragraph'' in the second sentence and inserting ``this subparagraph''; and

(3) by adding at the end the following new subparagraphs:

``(B) The Secretary may permit an enlisted member of the armed forces to receive instruction in an executive level seminar at the Naval Postgraduate School.

``(C) The Secretary may permit an eligible enlisted member of the armed forces to receive instruction in connection with pursuit of a program of education in information assurance as a participant in the Information Security Scholarship program under chapter 112 of this title. To be eligible for instruction under this subparagraph, the enlisted member must have been awarded a baccalaureate degree by an institution of higher education.''.

(b) Payment of Costs for Participants in Information Security Scholarship Program.--Subsection (b) of such section is amended--

(1) by inserting ``(1)'' after ``(b)''; and

(2) by adding at the end the following new paragraph:

``(2) The requirements for payment of costs and fees under paragraph (1) shall be subject to such exceptions as the Secretary of Defense may prescribe for members of the armed forces who receive instruction at the Postgraduate School in connection with pursuit of a degree or certification as participants in the Information Security Scholarship program under chapter 112 of this title.''.

(c) Conforming Amendments.--Paragraph (1) of such subsection (b), as redesignated by subsection (b)(1) of this section, is amended--

(A) in the first sentence, by striking ``officers'' and inserting ``members of the armed forces who are''; and

(B) in the second sentence--

(i) by inserting ``under subsection (a)(2)(A)'' after ``at the Postgraduate School''; and

(ii) by striking ``(taking into consideration the admission of enlisted members on a space-available basis)''.

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

ACADEMIES.

(a) Policy on Sexual Misconduct.--(1) The Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall, under guidance prescribed by the Secretary of Defense, direct the Superintendent of the United States Military Academy, the Superintendent of the United States Naval Academy, and the Superintendent of the United States Air Force Academy, respectively, to prescribe a policy on sexual misconduct applicable to the personnel of the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy, respectively.

(2) The policy on sexual misconduct prescribed for an academy shall specify the following:

(A) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve academy personnel.

(B) Procedures that a cadet or midshipman, as the case may be, should follow in the case of an occurrence of sexual misconduct, including--

(i) a specification of the person or persons to whom the alleged offense should be reported;

(ii) a specification of any other person whom the victim should contact; and

(iii) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault.

(C) Procedures for disciplinary action in cases of alleged criminal sexual assault involving academy personnel.

(D) Any other sanctions authorized to be imposed in a substantiated case of misconduct involving academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible.

(E) Required training on the policy for all academy personnel, including the specific training required for personnel who process allegations of sexual misconduct involving academy personnel.

(b) Annual Assessment.--(1) The Secretary of Defense, through the Secretaries of the military departments, shall direct each Superintendent to conduct at the academy under the jurisdiction of the Superintendent an assessment in each academy program year to determine the effectiveness of the academy's policies, training, and procedures on sexual misconduct to prevent criminal sexual misconduct involving academy personnel.

(2) For the assessment for each of the 2004, 2005, 2006, 2007, and 2008 academy program years, the Superintendent of the academy shall conduct a survey of all academy personnel--

(A) to measure--

(i) the incidence, in such program year, of sexual misconduct events, on or off the academy reservation, that have been reported to officials of the academy; and

(ii) the incidence, in such program year, of sexual misconduct events, on or off the academy reservation, that have not been reported to officials of the academy; and

(B) to assess the perceptions of academy personnel on--

(i) the policies, training, and procedures on sexual misconduct involving academy personnel;

(ii) the enforcement of such policies;

(iii) the incidence of sexual misconduct involving academy personnel in such program year; and

(iv) any other issues relating to sexual misconduct involving academy personnel.

(c) Annual Report.--(1) The Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall direct the Superintendent of the United States Military Academy, the Superintendent of the United States Naval Academy, and the Superintendent of the United States Air Force Academy, respectively, to submit to the Secretary a report on sexual misconduct involving academy personnel for each of the 2004, 2005, 2006, 2007, and 2008 academy program years.

(2) The annual report for an academy under paragraph (1) shall contain, for the academy program year covered by the report, the following matters:

(A) The number of sexual assaults, rapes, and other sexual offenses involving academy personnel that have been reported to academy officials during the program year, and the number of the reported cases that have been substantiated.

(B) The policies, procedures, and processes implemented by the Secretary of the military department concerned and the leadership of the academy in response to sexual misconduct involving academy personnel during the program year.

(C) In the report for the 2004 academy program year, a discussion of the survey conducted under subsection (b), together with an analysis of the results of the survey and a discussion of any initiatives undertaken on the basis of such results and analysis.

(D) In the report for each of the subsequent academy program years, the results of the annual survey conducted in such program year under subsection (b).

(E) A plan for the actions that are to be taken in the following academy program year regarding prevention of and response to sexual misconduct involving academy personnel.

(3) The Secretary of a military department shall transmit the annual report on an academy under this subsection, together with the Secretary's comments on the report, to the Secretary of Defense and the Board of Visitors of the academy.

(4) The Secretary of Defense shall transmit the annual report on each academy under this subsection, together with the Secretary's comments on the report to, the Committees on Armed Services of the Senate and the House of Representatives.

(5) The report for the 2004 academy program year for an academy shall be submitted to the Secretary of the military department concerned not later than one year after the date of the enactment of this Act.

(6) In this subsection, the term ``academy program year'' with respect to a year, means the academy program year that ends in that year.

Subtitle E--Decorations, Awards, and Commendations

(reserved)

Subtitle F--Military Justice

SEC. 551. EXTENDED LIMITATION PERIOD FOR PROSECUTION OF CHILD

ABUSE CASES IN COURTS-MARTIAL.

Section 843(b) of title 10, United States Code (article 43 of the Uniform Code of Military Justice) is amended--

(1) by redesignating paragraph (2) as paragraph (3); and

(2) by inserting after paragraph (1) the following new paragraph (2):

``(2)(A) A person charged with having committed a child abuse offense against a child is liable to be tried by court-martial if the sworn charges and specifications are received before the child reaches the age of 25 years by an officer exercising summary court-martial jurisdiction with respect to that person.

``(B) In subparagraph (A), the term `child abuse offense' means an act that involves sexual or physical abuse of a person under 16 years of age and constitutes any of the following offenses:

``(i) Rape or carnal knowledge in violation of section 920 of this title (article 120).

``(ii) Maiming in violation of section 924 of this title

(article 124).

``(iii) Sodomy in violation of section 925 of this title

(article 126).

``(iv) Aggravated assault or assault consummated by a battery in violation of section 928 of this title (article 128).

``(v) Indecent assault, assault with intent to commit murder, voluntary manslaughter, rape, or sodomy, or indecent acts or liberties with a child in violation of section 934 of this title (article 134).''.

SEC. 552. CLARIFICATION OF BLOOD ALCOHOL CONTENT LIMIT FOR

THE OFFENSE UNDER THE UNIFORM CODE OF MILITARY

JUSTICE OF DRUNKEN OPERATION OF A VEHICLE,

AIRCRAFT, OR VESSEL.

Section 911 of title 10, United States Code (article 111 of the Uniform Code of Military Justice), is amended--

(1) in subsection (a)(2), by striking ``is in excess of'' and inserting ``is equal to or exceeds''; and

(2) in subsection (b)--

(A) in paragraph (1), by striking subparagraph (A) and inserting the following:

``(A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, such limit is the lesser of--

``(i) the blood alcohol content limit under the law of the State in which the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in more than one State; or

``(ii) the blood alcohol content limit specified in paragraph (3).''; and

(B) by striking ``maximum'' in paragraphs (1)(B) and (3).

Subtitle G--Other Matters

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

(a) Deployment Management.--Section 991(a) of title 10, United States Code, is amended to read as follows:

``(a) Management Responsibilities.--(1) The deployment (or potential deployment) of a member of the armed forces shall be managed to ensure that the member is not deployed, or continued in a deployment, on any day on which the total number of days on which the member has been deployed out of the preceding 365 days would exceed the maximum number of deployment days prescribed for the purposes of this section by the Under Secretary of Defense for Personnel and Readiness. The maximum number of deployment days so prescribed may not exceed 220 days.

``(2) A member may be deployed, or continued in a deployment, without regard to paragraph (1) if such deployment, or continued deployment, is approved by--

``(A) a member of the Senior Executive Service designated by the Secretary of Defense to do so; or

``(B) the first officer in the member's chain of command who is--

``(i) a general officer or, in the case of the Navy, an officer in a grade above captain; or

``(ii) a colonel or, in the case of the Navy, a captain who is recommended for promotion to brigadier general or rear admiral, respectively, in a report of a selection board convened under section 611(a) or 14101(a) of this title that has been approved by the President.''.

(b) High-Tempo Allowance.--(1) Subsection (a) of section 436 of title 37, United States Code, is amended to read as follows:

``(a) Monthly Allowance.--The Secretary of the military department concerned shall pay a high-tempo allowance to a member of the armed forces under the Secretary's jurisdiction for the following months:

``(1) Each month during which the member is deployed and has, as of any day during that month, been deployed--

``(A) for at least the number of days out of the preceding 730 days that is prescribed for the purpose of this subparagraph by the Under Secretary of Defense for Personnel and Readiness, except that the number of days so prescribed may not be more than 401 days; or

``(B) at least the number of consecutive days that is prescribed for the purpose of this subparagraph by the Under Secretary of Defense for Personnel and Readiness, except that the number of days so prescribed may not be more than 191 days.

``(2) Each month that includes a day on which the member serves on active duty pursuant to a call or order to active duty for a period of more than 30 days under a provision of law referred to in section 101(a)(13)(B) of title 10, if such period begins within one year after the date on which the member was released from previous service on active duty for a period of more than 30 days under a call or order issued under such a provision of law.''.

(2) Subsection (c) of such section is amended to read as follows:

``(c) Monthly Amount.--The Secretary of Defense shall prescribe the amount of the monthly allowance payable to a member under this section. The amount may not exceed

$1,000.''.

(3) Such section is further amended by adding at the end the following new subsection:

``(g) Service in Exempted Duty Positions.--(1) Except as provided in paragraph (2), a member is not eligible for the high-tempo allowance under this section while serving in a duty position designated as exempt for the purpose of this subsection by the Secretary concerned with the approval of the Under Secretary of Defense for Personnel and Readiness.

``(2) A designation of a duty position as exempt under paragraph (1) does not terminate the eligibility for the high-tempo allowance under this section of a member serving in the duty position at the time the designation is made.

``(h) Payment From Operation and Maintenance Funds.--The monthly allowance payable to a member under this section shall be paid from appropriations available for operation and maintenance for the armed force in which the member serves.''.

(4) Such section is further amended--

(A) in subsections (d) and (e), by striking ``high-deployment per diem'' and inserting ``high-tempo allowance''; and

(B) in subsection (f)--

(i) by striking ``per diem'' and inserting ``allowance''; and

(ii) by striking ``day on which'' and inserting ``month during which''.

(5)(A) The heading of such section is amended to read as follows:

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

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

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

(c) Modified Reporting Requirement.--Section 487(b)(5) of title 10, United States Code, is amended to read as follows:

``(5) For each of the armed forces, the description shall indicate the number of members who received the high-tempo allowance under section 436 of title 37, the total number of months for which the allowance was paid to members, and the total amount spent on the allowance.''.

SEC. 562. ALTERNATE INITIAL MILITARY SERVICE OBLIGATION FOR

PERSONS ACCESSED UNDER DIRECT ENTRY PROGRAM.

(a) Requirement for Program.--The Secretary of Defense shall carry out a direct entry program for persons with critical military skills who enter the Armed Forces for an initial period of service in the Armed Forces.

(b) Eligible Persons.--The Secretary shall prescribe the eligibility requirements for entering the Armed Forces under the direct entry program carried out under this section. The Secretary may limit eligibility as the Secretary determines appropriate to meet the needs of the Armed Forces.

(c) Critical Military Skills.--The Secretary shall designate the military skills that are critical military skills for the purposes of this section.

(d) Initial Service Obligation.--(1) The Secretary shall prescribe the period of initial service in the Armed Forces that is to be required of a person entering the Armed Forces under the direct entry program. The period may not be less than three years.

(2) Section 651(a) of title 10, United States Code, shall not apply to a person who enters the Armed Forces under the direct entry program.

(e) Reports.--(1) Not later than 30 days after the direct entry program commences under this section, the Secretary shall submit a report on the establishment of the program to the Committees on Armed Services of the Senate and the House of Representatives. The report shall include the following:

(A) A list of the military skills designated as critical military skills for the purposes of this section.

(B) The eligibility requirements for entering the Armed Forces under the program.

(C) A detailed discussion of the other features of the program.

(2) Whenever the list of critical military skills is revised, the Secretary shall promptly submit the revised list to the committees referred to in paragraph (1).

(3) The Secretary shall submit a final report on the program to Congress not later than 180 days after the date on which the direct entry program terminates under subsection

(f). The report shall include the Secretary's assessment of the effectiveness of the direct entry program for recruiting personnel with critical military skills for the Armed Forces.

(f) Period of Program.--The direct entry program under this section shall commence on October 1, 2003, and shall terminate on September 30, 2005.

SEC. 563. POLICY ON CONCURRENT DEPLOYMENT TO COMBAT ZONES OF

BOTH MILITARY SPOUSES OF MILITARY FAMILIES WITH

MINOR CHILDREN.

(a) Publication of Policy.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall--

(1) prescribe the policy of the Department of Defense on concurrent deployment to a combat zone of both spouses of a dual-military family with one or more minor children; and

(2) transmit the policy to the Committees on Armed Services of the Senate and the House of Representatives.

(b) Dual-Military Family Defined.--In this section, the term ``dual-military family'' means a family in which both spouses are members of the Armed Forces.

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

UNIFORMED SERVICES.

(a) Standard for Invalidation of Ballots Cast by Absent Uniformed Services Voters in Federal Elections.--.(1) Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--

(A) by redesignating subsections (c) and (d) as subsections

(d) and (e), respectively; and

(B) by inserting after subsection (b) the following new subsection (c):

``(c) Standards for Invalidation of Certain Ballots.--

``(1) In general.--A State may not refuse to count a ballot submitted in an election for Federal office by an absent uniformed services voter--

``(A) solely on the grounds that the ballot lacked--

``(i) a notarized witness signature;

``(ii) an address (other than on a Federal write-in absentee ballot, commonly known as `SF186');

``(iii) a postmark if there are any other indicia that the vote was cast in a timely manner; or

``(iv) an overseas postmark; or

``(B) solely on the basis of a comparison of signatures on ballots, envelopes, or registration forms unless there is a lack of reasonable similarity between the signatures.

``(2) No effect on filing deadlines under state law.--Nothing in this subsection may be construed to affect the application to ballots submitted by absent uniformed services voters of any ballot submission deadline applicable under State law.''.

(2) The amendments made by paragraph (1) shall apply with respect to ballots described in section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act, as added by paragraph (1), that are submitted with respect to elections that occur after the date of the enactment of this Act.

(b) Maximization of Access of Recently Separated Uniformed Services Voters to the Polls.--(1) Section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--

(A) in paragraph (4), by striking ``and'' at the end;

(B) in paragraph (5), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following new paragraphs:

``(6) in addition to using the postcard form for the purpose described in paragraph (4), accept and process any otherwise valid voter registration application submitted by a uniformed service voter for the purpose of voting in an election for Federal office; and

``(7) permit each recently separated uniformed services voter to vote in any election for which a voter registration application has been accepted and processed under this section if that voter--

``(A) has registered to vote under this section; and

``(B) is eligible to vote in that election under State law.''.

(2) The amendments made by paragraph (1) shall apply with respect to elections for Federal office that occur after the date of the enactment of this Act.

(c) Definitions.--Section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is amended--

(1) by redesignating paragraphs (7) and (8) as paragraphs

(9) and (11), respectively;

(2) by inserting after paragraph (6) the following new paragraph:

``(7) `recently separated uniformed services voter' means any individual who was a uniformed services voter on the date that is 60 days before the date on which the individual seeks to vote and who--

``(A) presents to the election official Department of Defense form 214 evidencing the individual's former status as such a voter, or any other official proof of such status;

``(B) is no longer such a voter; and

``(C) is otherwise qualified to vote in that election;''; and

(3) by inserting after paragraph (9), as so redesignated, the following new paragraph:

``(10) `uniformed services voter' means--

``(A) a member of a uniformed service in active service;

``(B) a member of the merchant marine; and

``(C) a spouse or dependent of a member referred to in subparagraph (A) or (B) who is qualified to vote; and''.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

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

(a) Waiver of Section 1009 Adjustment.--The adjustment to become effective during fiscal year 2004 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

(b) Increase in Basic Pay.--Effective on January 1, 2004, the rates of monthly basic pay for members of the uniformed services within each pay grade are as follows:

COMMISSIONED OFFICERS \1\

Years of service computed under section 205 of title 37, United States

Code

------------------------------------------------------------------------

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

------------------------------------------------------------------------

O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00

O-9............. 0.00 0.00 0.00 0.00 0.00

O-8............. 7,751.10 8,004.90 8,173.20 8,220.60 8,430.30

O-7............. 6,440.70 6,739.80 6,878.40 6,988.50 7,187.40

O-6............. 4,773.60 5,244.30 5,588.40 5,588.40 5,609.70

O-5............. 3,979.50 4,482.90 4,793.40 4,851.60 5,044.80

O-4............. 3,433.50 3,974.70 4,239.90 4,299.00 4,545.30

O-3 \3\......... 3,018.90 3,422.40 3,693.90 4,027.20 4,220.10

O-2 \3\......... 2,608.20 2,970.60 3,421.50 3,537.00 3,609.90

O-1 \3\......... 2,264.40 2,356.50 2,848.50 2,848.50 2,848.50

-------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-------------------------------------------------------

O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00

O-9............. 0.00 0.00 0.00 0.00 0.00

O-8............. 8,781.90 8,863.50 9,197.10 9,292.80 9,579.90

O-7............. 7,384.20 7,611.90 7,839.00 8,066.70 8,781.90

O-6............. 5,850.00 5,882.10 5,882.10 6,216.30 6,807.30

O-5............. 5,161.20 5,415.90 5,602.80 5,844.00 6,213.60

O-4............. 4,809.30 5,137.80 5,394.00 5,571.60 5,673.60

O-3 \3\......... 4,431.60 4,568.70 4,794.30 4,911.30 4,911.30

O-2 \3\......... 3,609.90 3,609.90 3,609.90 3,609.90 3,609.90

O-1 \3\......... 2,848.50 2,848.50 2,848.50 2,848.50 2,848.50

-------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-------------------------------------------------------

O-10 \2\........ $0.00 $12,524.7 $12,586.2 $12,847.8 $13,303.80

0 0 0

O-9............. 0.00 10,954.50 11,112.30 11,340.30 11,738.40

O-8............. 9,995.70 10,379.10 10,635.30 10,635.30 10,635.30

O-7............. 9,386.10 9,386.10 9,386.10 9,386.10 9,433.50

O-6............. 7,154.10 7,500.90 7,698.30 7,897.80 8,285.40

O-5............. 6,389.70 6,563.40 6,760.80 6,760.80 6,760.80

O-4............. 5,733.00 5,733.00 5,733.00 5,733.00 5,733.00

O-3 \3\......... 4,911.30 4,911.30 4,911.30 4,911.30 4,911.30

O-2 \3\......... 3,609.50 3,609.50 3,609.50 3,609.50 3,609.50

O-1 \3\......... 2,848.50 2,848.50 2,848.50 2,848.50 2,848.50

------------------------------------------------------------------------

\1\ Notwithstanding the basic pay rates specified in this table, the

actual rate of basic pay for commissioned officers in pay grades O-7

through O-10 may not exceed the rate of pay for level III of the

Executive Schedule and the actual rate of basic pay for all other

officers may not exceed the rate of pay for level V of the Executive

Schedule.

\2\ Subject to the preceding footnote, the rate of basic pay for an

officer in this grade while serving as Chairman or Vice Chairman of

the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval

Operations, Chief of Staff of the Air Force, Commandant of the Marine

Corps, Commandant of the Coast Guard, or commander of a unified or

specified combatant command (as defined in section 161(c) of title 10,

United States Code) is $14,634.20, regardless of cumulative years of

service computed under section 205 of title 37, United States Code.

\3\ This table does not apply to commissioned officers in pay grade O-1,

O-2, or O-3 who have been credited with over 4 years of active duty

service as an enlisted member or warrant officer.

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN

ENLISTED MEMBER OR WARRANT OFFICER

Years of service computed under section 205 of title 37, United States

Code

------------------------------------------------------------------------

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

------------------------------------------------------------------------

O-3E............ $0.00 $0.00 $0.00 $4,027.20 $4,220.10

O-2E............ 0.00 0.00 0.00 3,537.00 3,609.90

O-1E............ 0.00 0.00 0.00 2,848.50 3,042.30

-------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-------------------------------------------------------

O-3E............ $4,431.60 $4,568.70 $4,794.30 $4,984.20 $5,092.80

O-2E............ 3,724.80 3,918.60 4,068.60 4,180.20 4,180.20

O-1E............ 3,154.50 3,269.40 3,382.20 3,537.00 3,537.00

-------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-------------------------------------------------------

O-3E............ $5,241.30 $5,241.30 $5,241.30 $5,241.30 $5,241.30

O-2E............ 4,180.20 4,180.20 4,180.20 4,180.20 4,180.20

O-1E............ 3,537.00 3,537.00 3,537.00 3,537.00 3,537.00

------------------------------------------------------------------------

WARRANT OFFICERS \1\

Years of service computed under section 205 of title 37, United States

Code

------------------------------------------------------------------------

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

------------------------------------------------------------------------

W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00

W-4.............. 3,119.40 3,355.80 3,452.40 3,547.20 3,710.40

W-3.............. 2,848.80 2,967.90 3,089.40 3,129.30 3,257.10

W-2.............. 2,505.90 2,649.00 2,774.10 2,865.30 2,943.30

W-1.............. 2,212.80 2,394.00 2,515.20 2,593.50 2,802.30

------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

------------------------------------------------------

W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00

W-4.............. 3,871.50 4,035.00 4,194.30 4,359.00 4,617.30

W-3.............. 3,403.20 3,595.80 3,786.30 3,988.80 4,140.60

W-2.............. 3,157.80 3,321.60 3,443.40 3,562.20 3,643.80

W-1.............. 2,928.30 3,039.90 3,164.70 3,247.20 3,321.90

------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

------------------------------------------------------

W-5.............. $0.00 $5,360.70 $5,544.30 $5,728.80 $5,914.20

W-4.............. 4,782.60 4,944.30 5,112.00 5,277.00 5,445.90

W-3.............. 4,291.80 4,356.90 4,424.10 4,570.20 4,716.30

W-2.............. 3,712.50 3,843.00 3,972.60 4,103.70 4,103.70

W-1.............. 3,443.70 3,535.80 3,535.80 3,535.80 3,535.80

------------------------------------------------------------------------

\1\ Notwithstanding the basic pay rates specified in this table, the

actual rate of basic pay for warrant officers may not exceed the rate

of pay for level V of the Executive Schedule.

ENLISTED MEMBERS \1\

Years of service computed under section 205 of title 37, United States

Code

------------------------------------------------------------------------

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

------------------------------------------------------------------------

E-9 \2\.......... $0.00 $0.00 $0.00 $0.00 $0.00

E-8.............. 0.00 0.00 0.00 0.00 0.00

E-7.............. 2,145.00 2,341.20 2,430.60 2,549.70 2,642.10

E-6.............. 1,855.50 2,041.20 2,131.20 2,218.80 2,310.00

E-5.............. 1,700.10 1,813.50 1,901.10 1,991.10 2,130.60

E-4.............. 1,558.20 1,638.30 1,726.80 1,814.10 1,891.50

E-3.............. 1,407.00 1,495.50 1,585.50 1,585.50 1,585.50

E-2.............. 1,337.70 1,337.70 1,337.70 1,337.70 1,337.70

E-1 \3\.......... 1,193.40 1,193.40 1,193.40 1,193.40 1,193.40

------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

------------------------------------------------------

E-9 \2\.......... $0.00 $3,769.20 $3,854.70 $3,962.40 $4,089.30

E-8.............. 3,085.50 3,222.00 3,306.30 3,407.70 3,517.50

E-7.............. 2,801.40 2,891.10 2,980.20 3,139.80 3,219.60

E-6.............. 2,516.10 2,596.20 2,685.30 2,763.30 2,790.90

E-5.............. 2,250.90 2,339.70 2,367.90 2,367.90 2,367.90

E-4.............. 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50

E-3.............. 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50

E-2.............. 1,337.70 1,337.70 1,337.70 1,337.70 1,337.70

E-1 \3\.......... 1,193.40 1,193.40 1,193.40 1,193.40 1,193.40

------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

------------------------------------------------------

E-9 \2\.......... $4,216.50 $4,421.10 $4,594.20 $4,776.60 $5,054.70

E-8.............. 3,715.50 3,815.70 3,986.40 4,081.20 4,314.30

E-7.............. 3,295.50 3,341.70 3,498.00 3,599.10 3,855.00

E-6.............. 2,809.80 2,809.80 2,809.80 2,809.80 2,809.80

E-5.............. 2,367.90 2,367.90 2,367.90 2,367.90 2,367.90

E-4.............. 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50

E-3.............. 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50

E-2.............. 1,337.70 1,337.70 1,337.70 1,337.70 1,337.70

E-1 \3\.......... 1,193.40 1,193.40 1,193.40 1,193.40 1,193.40

------------------------------------------------------------------------

\1\ Notwithstanding the basic pay rates specified in this table, the

actual rate of basic pay for enlisted members may not exceed the rate

of pay for level V of the Executive Schedule.

\2\ Subject to the preceding footnote, the rate of basic pay for an

enlisted member in this grade while serving as Sergeant Major of the

Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of

the Air Force, Sergeant Major of the Marine Corps, or Master Chief

Petty Officer of the Coast Guard, is $6,090.90, regardless of

cumulative years of service computed under section 205 of title 37,

United States Code.

\3\ In the case of members in pay grade E-1 who have served less than 4

months on active duty, the rate of basic pay is $1,104.00.

SEC. 602. REVISED ANNUAL PAY ADJUSTMENT PROCESS.

(a) Requirement for Annual Adjustment.--Subsection (a) of section 1009 of title 37, United States Code, is amended to read as follows:

``(a) Requirement for Annual Adjustment.--Effective on January 1 of each year, the rates of basic pay for members of the uniformed services under section 203(a) of this title shall be increased under this section.''.

(b) Effectiveness of Adjustment.--Subsection (b) of such section is amended by striking ``shall--'' and all that follows and inserting ``shall have the force and effect of law.''.

(c) Percentage of Adjustment.--Subsection (c) of such section is amended to read as follow:

``(c) Equal Percentage Increase for All Members.--(1) An adjustment made under this section in a year shall provide all eligible members with an increase in the monthly basic pay that is the percentage (rounded to the nearest one-tenth of 1 percent) by which the ECI for the base quarter of the year before the preceding year exceeds the ECI for the base quarter of the second year before the preceding calendar year

(if at all).

``(2) Notwithstanding paragraph (1), but subject to subsection (d), the percentage of the adjustment taking effect under this section during each of fiscal years 2004, 2005, and 2006, shall be one-half of 1 percentage point higher than the percentage that would otherwise be applicable under such paragraph.''.

(d) Repeal of Allocation Authority.--Such section is further amended--

(1) by striking subsections (d), (e), and (g); and

(2) redesignating subsection (f) as subsection (d).

(e) Presidential Determination of Need for Alternative Pay Adjustment.--Such section, as amended by subsection (d), is further amended adding at the end the following new subsection:

``(e) Presidential Determination of Need for Alternative Pay Adjustment.--(1) If, because of national emergency or serious economic conditions affecting the general welfare, the President considers the pay adjustment which would otherwise be required by this section in any year to be inappropriate, the President shall prepare and transmit to Congress before September 1 of the preceding year a plan for such alternative pay adjustments as the President considers appropriate, together with the reasons therefor.

``(2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures.

``(3) The President shall include in the plan submitted to Congress under paragraph (1) an assessment of the impact that the alternative pay adjustments proposed in the plan would have on the Government's ability to recruit and retain well-qualified persons for the uniformed services.''.

(f) Definitions.--Such section, as amended by subsection

(e), is further amended by adding at the end the following:

``(f) Definitions.--In this section:

``(1) The term `ECI' means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics.

``(2) The term `base quarter' for any year is the 3-month period ending on September 30 of such year.''.

SEC. 603. COMPUTATION OF BASIC PAY RATE FOR COMMISSIONED

OFFICERS WITH PRIOR ENLISTED OR WARRANT OFFICER

SERVICE.

Section 203(d)(2) of title 37, United States Code, is amended--

(1) in subparagraph (A), by striking ``enlisted member,'' and all that follows through the period and inserting

``enlisted member.''; and

(2) by striking subparagraph (B) and inserting the following new subparagraph:

``(B) Service as a warrant officer, as an enlisted member, or as a warrant officer and an enlisted member, for which at least 1,460 points have been credited to the officer for the purposes of section 12732(a)(2) of title 10.''.

SEC. 604. PILOT PROGRAM OF MONTHLY SUBSISTENCE ALLOWANCE FOR

NON-SCHOLARSHIP SENIOR ROTC MEMBERS COMMITTING

TO CONTINUE ROTC PARTICIPATION -AS SOPHOMORES.

(a) Authority.--Section 209 of title 37, United States Code, is amended by adding at the end the following new subsection:

``(e) Non-Scholarship Senior ROTC Members Not in Advanced Training.--(1) A member of the Senior Reserve Officers' Training Corps described in subsection (b) is entitled to a monthly subsistence allowance at a rate prescribed under subsection (a).

``(2) To be entitled to receive a subsistence allowance under this subsection, a member must--

``(A) be a citizen of the United States;

``(B) enlist in an armed force under the jurisdiction of the Secretary of the military department concerned for the period prescribed by the Secretary;

``(C) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the military department concerned, or his designated representative, to serve for the period required by the program;

``(D) agree in writing that he will accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, or Marine Corps, as the case may be, and that he will serve in the armed forces for the period prescribed by the Secretary;

``(E) successfully complete the first year of a four-year Senior Reserve Officers' Training Corps course;

``(F) not be eligible for advanced training under section 2104 of title 10;

``(G) not be appointed under section 2107 of title 10; and

``(H) execute a certificate of loyalty in such form as the Secretary of Defense prescribes or take a loyalty oath as prescribed by the Secretary.

``(3) The first month for which a monthly subsistence allowance is payable to a member under this subsection shall be a month designated by the Secretary of the military department concerned that begins after the member satisfies the condition in subparagraph (E) of paragraph (2). Payment of the subsistence allowance shall continue for as long as the member continues to meet the conditions in such paragraph and the member's obligations under the enlistment, contract, and agreement entered into as described in such paragraph. In no event, however, may a member receive the monthly subsistence allowance for more than 20 months.

``(4) In this subsection, the term `program' means the Senior Reserve Officers' Training Corps of an armed force.

``(5) No subsistence allowance may be paid under this subsection with respect to a contract that is entered into as described in paragraph (2)(C) after December 31, 2006.''.

(b) Effective Date.--Subsection (e) of section 209 of title 37, United States Code (as added by subsection (a)), shall take effect on January 1, 2004.

SEC. 605. BASIC ALLOWANCE FOR HOUSING FOR EACH MEMBER MARRIED

TO ANOTHER MEMBER WITHOUT DEPENDENTS WHEN BOTH

SPOUSES ARE ON SEA DUTY.

(a) Entitlement.--Section 403(f)(2)(C) of title 37, United States Code, is amended--

(1) in the first sentence, by striking ``are jointly entitled to one basic allowance for housing'' and inserting

``are each entitled to a basic allowance for housing''; and

(2) by striking ``The amount of the allowance'' and all that follows and inserting ``The amount of the allowance payable to a member under the preceding sentence shall be based on the without dependents rate for the pay grade of the member.''.

(b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2003.

SEC. 606. INCREASED RATE OF FAMILY SEPARATION ALLOWANCE.

(a) Rate.--Section 427(a)(1) of title 37, United States Code, is amended by striking ``$100'' and inserting ``$250''.

(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2003.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY

AUTHORITIES FOR RESERVE FORCES.

(a) Selected Reserve Reenlistment Bonus.--Section 308b(f ) of title 37, United States Code, is amended by striking

``December 31, 2003'' and inserting ``December 31, 2004''.

(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of such title is amended by striking ``December 31, 2003'' and inserting ``December 31, 2004''.

(c) Special Pay for Enlisted Members Assigned to Certain High Priority Units.--Section 308d(c) of such title is amended by striking ``December 31, 2003'' and inserting

``December 31, 2004''.

(d) Selected Reserve Affiliation Bonus.--Section 308e(e) of such title is amended by striking ``December 31, 2003'' and inserting ``December 31, 2004''.

(e) Ready Reserve Enlistment and Reenlistment Bonus.--Section 308h(g) of such title is amended by striking

``December 31, 2003'' and inserting ``December 31, 2004''.

(f) Prior Service Enlistment Bonus.--Section 308i(f ) of such title is amended by striking ``December 31, 2003'' and inserting ``December 31, 2004''.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY

AUTHORITIES FOR CERTAIN HEALTH CARE

PROFESSIONALS.

(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1) of title 10, United States Code, is amended by striking ``December 31, 2003'' and inserting ``December 31, 2004''.

(b) Repayment of Education Loans for Certain Health Professionals Who Serve in the Selected Reserve.--Section 16302(d) of such title is amended by striking ``January 1, 2004'' and inserting ``January 1, 2005''.

(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of title 37, United States Code, is amended by striking ``December 31, 2003'' and inserting ``December 31, 2004''.

(d) Incentive Special Pay for Nurse Anesthetists.--Section 302e(a)(1) of such title is amended by striking ``December 31, 2003'' and inserting ``December 31, 2004''.

(e) Special Pay for Selected Reserve Health Professionals in Critically Short Wartime Specialties.--Section 302g(f ) of such title is amended by striking ``December 31, 2003'' and inserting ``December 31, 2004''.

(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of such title is amended by striking ``December 31, 2003'' and inserting ``December 31, 2004''.

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS

AUTHORITIES FOR NUCLEAR OFFICERS.

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

(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title is amended by striking ``December 31, 2003'' and inserting ``December 31, 2004''.

(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such title is amended by striking ``December 31, 2003'' and inserting ``December 31, 2004''.

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

AUTHORITIES.

(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37, United States Code, is amended by striking

``December 31, 2003'' and inserting ``December 31, 2004''.

(b) Reenlistment Bonus for Active Members.--Section 308(g) of such title is amended by striking ``December 31, 2003'' and inserting ``December 31, 2004''.

(c) Enlistment Bonus for Active Members.--Section 309(e) of such title is amended by striking ``December 31, 2003'' and inserting ``December 31, 2004''.

(d) Retention Bonus for Members With Critical Military Skills.--Section 323(i) of such title is amended by striking

``December 31, 2003'' and inserting ``December 31, 2004''.

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

``December 31, 2004''.

SEC. 615. SPECIAL PAY FOR RESERVE OFFICERS HOLDING POSITIONS

OF UNUSUAL RESPONSIBILITY AND OF CRITICAL

NATURE.

(a) Eligibility.--Section 306 of title 37, United States Code, is amended--

(1) in subsection (a), by inserting ``under section 201 of this title, or the compensation under section 206 of this title,'' after ``is entitled to the basic pay'';

(2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and

(3) by inserting after subsection (a) the following new subsection (b):

``(b) In the case of an officer who is a member of a reserve component, special pay under subsection (a) shall be paid at the rate of \1/30\ of the monthly rate authorized by that subsection for each day of the performance of duties described in that subsection.''.

(b) Limitation.--Subsection (d) of such section, as redesignated by subsection (a)(2) of this section, is amended--

(1) by inserting ``(1)'' after ``(d)''; and

(2) by adding at the end the following new paragraph:

``(2) Of the number of officers in the Selected Reserve of the Ready Reserve of an armed force who are not on active duty (other than for training), not more than 5 percent of the number of such officers in each of the pay grades O-3 and below, and not more than 10 percent of the number of such officers in pay grade O-4, O-5, or O-6, may be paid special pay under subsection (b).''.

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

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

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

``(a) Authority.--The Secretary concerned shall pay monthly incentive pay under this section to a member of a uniformed service for the period that the member performs service in Korea while entitled to basic pay.

``(b) Rate.--The monthly rate of incentive pay payable to a member under this section is $100.

``(c) Relationship to Other Pay and Allowances.--Incentive pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.

``(d) Status Not Affected by Temporary Duty or Leave.--The service of a member in an assignment referred to in subsection (a) shall not be considered discontinued during any period that the member is not performing service in the assignment by reason of temporary duty performed by the member pursuant to orders or absence of the member for authorized leave.

``(e) Termination of Authority.--Special pay may not be paid under this section for months beginning after December 31, 2005.''.

(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 307a the following new item:

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

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

SEC. 617. INCREASED MAXIMUM AMOUNT OF REENLISTMENT BONUS FOR

ACTIVE MEMBERS.

(a) Maximum Amount.--Section 308(a)(2)(B) of title 37, United States Code, is amended by striking ``$60,000'' and inserting ``$70,000''.

(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2003, and shall apply with respect to reenlistments and extensions of enlistments that take effect on or after that date.

SEC. 618. PAYMENT OF SELECTED RESERVE REENLISTMENT BONUS TO

MEMBERS OF SELECTED RESERVE WHO ARE MOBILIZED.

Section 308b of title 37, United States Code, is amended--

(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and

(2) by inserting after subsection (c) the following new subsection (d):

``(d) Payment to Mobilized Members.--In the case of a member entitled to a bonus under this section who is called or ordered to active duty, any amount of such bonus that is payable to the member during the period of active duty of the member shall be paid the member during that period of active duty without regard to the fact that the member is serving on active duty pursuant to such call or order to active duty.''.

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

SPECIAL PAY.

(a) Rate.--Section 310(a) of title 37, United States Code, is amended by striking ``$150'' and inserting ``$225''.

(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2003.

SEC. 620. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER

SPECIAL PAY FOR RESERVE COMPONENT MEMBERS ON

INACTIVE DUTY.

(a) Expansion and Clarification of Current Law.--Section 310 of title 37, United States Code, is amended--

(1) by redesignating subsections (b) and (c) as subsections

(c) and (d), respectively; and

(2) by striking subsection (a) and inserting the following new subsections:

``(a) Eligibility and Special Pay Amount.--Under regulations prescribed by the Secretary of Defense, a member of a uniformed service may be paid special pay at the rate of

$150 for any month in which--

``(1) the member was entitled to basic pay or compensation under section 204 or 206 of this title; and

``(2) the member--

``(A) was subject to hostile fire or explosion of hostile mines;

``(B) was on duty in an area in which the member was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period the member was on duty in the area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines;

``(C) was killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or

``(D) was on duty in a foreign area in which the member was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.

``(b) Continuation During Hospitalization.--A member covered by subsection (a)(2)(C) who is hospitalized for the treatment of the injury or wound may be paid special pay under this section for not more than three additional months during which the member is so hospitalized.''.

(b) Clerical Amendments.--Such section is further amended--

(1) in subsection (c), as redesignated by subsection

(a)(1), by inserting ``Limitations and Administration.--'' before ``(1)''; and

(2) in subsection (d), as redesignated by subsection

(a)(1), by inserting ``Determinations of Fact.--'' before

``Any''.

(c) Effective Date.--Subsections (a) and (b) of section 310 of title 37, United States Code, as added by subsection

(a)(2), shall take effect as of September 11, 2001.

SEC. 621. EXPANSION OF OVERSEAS TOUR EXTENSION INCENTIVE

PROGRAM TO OFFICERS.

(a) Special Pay or Bonus for Extending Overseas Tour of Duty.--(1) Subsections (a) and (b) of section 314 of title 37, United States Code, are amended by striking ``an enlisted member'' and inserting ``a member''.

(2)(A) The heading of such section is amended to read as follows:

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

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

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

(b) Rest and Recuperative Absence in Lieu of Pay or Bonus.--(1) Subsection (a) of section 705 of title 10, United States Code, is amended by striking ``an enlisted member'' and inserting ``a member''.

(2)(A) The heading of such section is amended to read as follows:

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

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

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

SEC. 622. ELIGIBILITY OF WARRANT OFFICERS FOR ACCESSION BONUS

FOR NEW OFFICERS IN CRITICAL SKILLS.

(a) Eligibility.--Section 324 of title 37, United States Code, is amended in subsections (a) and (f)(1) by inserting

``or an appointment'' after ``commission''.

(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2003.

SEC. 623. INCENTIVE BONUS FOR CONVERSION TO MILITARY

OCCUPATIONAL SPECIALTY TO EASE PERSONNEL

SHORTAGE.

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

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

``(a) Incentive Bonus Authorized.--The Secretary concerned may pay a bonus under this section to an eligible member of the armed forces who executes a written agreement to convert to, and serve for a period of not less than four years in, a military occupational specialty for which there is a shortage of trained and qualified personnel.

``(b) Eligible Members.--A member is eligible for a bonus under this section if--

``(1) the member is entitled to basic pay; and

``(2) at the time the agreement under subsection (a) is executed, the member is serving in--

``(A) pay grade E-6 with not more than 10 years of service computed under section 205 of this title; or

``(B) pay grade E-5 or below, regardless of years of service.

``(c) Amount and Payment of Bonus.--(1) A bonus under this section may not exceed $4,000.

``(2) A bonus payable under this section shall be disbursed in one lump sum when the member's conversion to the military occupational specialty is approved by the chief personnel officer of the member's armed force.

``(d) Relationship to Other Pay and Allowances.--A bonus paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.

``(e) Repayment of Bonus.--(1) A member who receives a bonus for conversion to a military occupational specialty under this section and who, voluntarily or because of misconduct, fails to serve in such military occupational specialty for the period specified in the agreement shall refund to the United States an amount that bears the same ratio to the bonus amount paid to the member as the unserved part of such period bears to the total period agreed to be served.

``(2) An obligation to reimburse the United States imposed under paragraph (1) is, for all purposes, a debt owed to the United States.

``(3) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of the agreement for which a bonus was paid under this section shall not discharge the person signing such agreement from the debt arising under paragraph (1).

``(4) Under regulations prescribed pursuant to subsection

(f), the Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.

``(f) Regulations.--The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.

``(g) Termination of Authority.--No agreement under this section may be entered into after December 31, 2006.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

Subtitle C--Travel and Transportation Allowances

SEC. 631. SHIPMENT OF PRIVATELY OWNED MOTOR VEHICLE WITHIN

CONTINENTAL UNITED STATES.

(a) Authority To Procure Contract for Transportation of Motor Vehicle.--Section 2634 of title 10, United States Code, is amended--

(1) by redesignating subsection (h) as subsection (i); and

(2) by inserting after subsection (g) the following new subsection (h):

``(h) In the case of a member's change of permanent station described in subparagraph (A) or (B) of subsection (i)(1), the Secretary concerned may authorize the member to arrange for the shipment of the motor vehicle in lieu of transportation at the expense of the United States under this section. The Secretary concerned may pay the member a monetary allowance in lieu of transportation, as established under section 404(d)(1) of title 37, and the member shall be responsible for any transportation costs in excess of such allowance.''.

(b) Allowance for Self-Procurement of Transportation of Motor Vehicle.--Section 406(b)(1)(B) of title 37, United States Code, is amended by adding at the end the following new sentence: ``In the case of the transportation of a motor vehicle arranged by the member under section 2634(h) of title 10, the Secretary concerned may pay the member, upon presentation of proof of shipment, a monetary allowance in lieu of transportation, as established under section 404(d)(1) of this title.''.

SEC. 632. PAYMENT OR REIMBURSEMENT OF STUDENT BAGGAGE STORAGE

COSTS FOR DEPENDENT CHILDREN OF MEMBERS

STATIONED OVERSEAS.

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

SEC. 633. CONTRACTS FOR FULL REPLACEMENT VALUE FOR LOSS OR

DAMAGE TO PERSONAL PROPERTY TRANSPORTED AT

GOVERNMENT EXPENSE.

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

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

``(a) Procurement of Coverage.--The Secretary of Defense may include in a contract for the transportation of baggage and household effects for members of the armed forces at Government expense a clause that requires the carrier under the contract to pay the full replacement value for loss or damage to the baggage or household effects transported under the contract.

``(b) Deduction Upon Failure of Carrier To Settle.--In the case of a loss or damage of baggage or household effects transported under a contract with a carrier that includes a clause described in subsection (a), the amount equal to the full replacement value for the baggage or household effects may be deducted from the amount owed by the United States to the carrier under the contract upon a failure of the carrier to settle a claim for such loss or total damage within a reasonable time. The amount so deducted shall be remitted to the claimant, notwithstanding section 2636 of this title.

``(c) Inapplicability of Related Limits.--The limitations on amounts of claims that may be settled under section 3721(b) of title 31 do not apply to a carrier's contractual obligation to pay full replacement value under this section.

``(d) Regulations.--The Secretary of Defense shall prescribe regulations for administering this section. The regulations shall include policies and procedures for validating and evaluating claims, validating proper claimants, and determining reasonable time for settlement.

``(e) Transportation Defined.--In this section, the terms

`transportation' and `transport', with respect to baggage or household effects, includes packing, crating, drayage, temporary storage, and unpacking of the baggage or household effects.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2636 the following new item:

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

Subtitle D--Retired Pay and Survivor Benefits

SEC. 641. SPECIAL RULE FOR COMPUTATION OF RETIRED PAY BASE

FOR COMMANDERS OF COMBATANT COMMANDS.

(a) Treatment Equivalent to Chiefs of Service.--Subsection

(i) of section 1406 of title 10, United States Code, is amended by inserting ``as a commander of a unified or specified combatant command (as defined in section 161(c) of this title),'' after ``Chief of Service,''.

(b) Conforming Amendment.--The heading for such subsection is amended by inserting ``Commanders of Combatant Commands,'' after ``Chiefs of Service,''.

(c) Effective Date and Applicability.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to officers who first become entitled to retired pay under title 10, United States Code, on or after such date.

SEC. 642. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVING

SPOUSES OF RESERVES NOT ELIGIBLE FOR RETIREMENT

WHO DIE FROM A CAUSE INCURRED OR AGGRAVATED

WHILE ON INACTIVE-DUTY TRAINING.

(a) Surviving Spouse Annuity.--Paragraph (1) of section 1448(f) of title 10, United States Code, is amended to read as follows:

``(1) Surviving spouse annuity.--The Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of--

``(A) a person who is eligible to provide a reserve-component annuity and who dies--

``(i) before being notified under section 12731(d) of this title that he has completed the years of service required for eligibility for reserve-component retired pay; or

``(ii) during the 90-day period beginning on the date he receives notification under section 12731(d) of this title that he has completed the years of service required for eligibility for reserve-component retired pay if he had not made an election under subsection (a)(2)(B) to participate in the Plan; or

``(B) a member of a reserve component not described in subparagraph (A) who dies from an injury or illness incurred or aggravated in the line of duty during inactive-duty training.''.

(b) Conforming Amendment.--The heading for subsection (f) of section 1448 of such title is amended by inserting ``or Before'' after ``Dying When''.

(c) Effective Date.--The amendments made by this section shall take effect as of September 10, 2001, and shall apply with respect to performance of inactive-duty training (as defined in section 101(d) of title 10, United States Code) on or after that date.

SEC. 643. INCREASE IN DEATH GRATUITY PAYABLE WITH RESPECT TO

DECEASED MEMBERS OF THE ARMED FORCES.

(a) Amount of Death Gratuity.--Section 1478(a) of title 10, United States Code, is amended by striking ``$6,000'' and inserting ``$12,000''.

(b) Effective Date.--The amendment made by subsection (a) shall take effect as of September 11, 2001, and shall apply with respect to deaths occurring on or after that date.

Subtitle E--Other Matters

SEC. 651. RETENTION OF ACCUMULATED LEAVE.

(a) Higher Maximum Limitation Associated With Certain Service.--Section 701(f) of title 10, United States Code, is amended to read as follows:

``(f)(1) The Secretary of Defense may authorize a member eligible under paragraph (2) to retain 120 days' leave accumulated by the end of the fiscal year described in such paragraph.

``(2) Paragraph (1) applies to a member who--

``(A) during a fiscal year--

``(i) serves on active duty for a continuous period of at least 120 days in an area in which the member is entitled to special pay under section 310(a) of title 37; or

``(ii) is assigned to a deployable ship, to a mobile unit, to duty in support of a contingency operation, or to other duty designated for the purpose of this section; and

``(B) except for paragraph (1), would lose any accumulated leave in excess of 60 days at the end of the fiscal year.

``(3) Leave in excess of 60 days accumulated under this subsection is lost unless it is used by the member before the end of the third fiscal year after the fiscal year in which the service described in paragraph (2) terminated.''.

(b) Savings Provisions.--Regulations in effect under subsection (f) of section 701 of title 10, United States Code, on the day before the date of the enactment of this Act shall remain in effect until revised or superseded by regulations prescribed to implement the authority under the amendment made by subsection (a).

(c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2003.

TITLE VII--HEALTH CARE

SEC. 701. MEDICAL AND DENTAL SCREENING FOR MEMBERS OF

SELECTED RESERVE UNITS ALERTED FOR

MOBILIZATION.

Section 1074a of title 10, United States Code, is amended by adding at the end the following new subsection:

``(f)(1) At any time after the Secretary concerned notifies the commander of a unit of the Selected Reserve of the Ready Reserve that members of the unit are to be called or ordered to active duty under a provision of law referred to in section 101(a)(13)(B) in support of an operational mission or contingency operation during a national emergency or in time of war, the administering Secretaries may provide to each such member any medical and dental screening and care that is necessary to ensure that the member meets the applicable medical and dental standards for deployment.

``(2) A member provided medical or dental screening or care under paragraph (1) may not be charged for the screening or care.''.

SEC. 702. TRICARE BENEFICIARY COUNSELING AND ASSISTANCE

COORDINATORS FOR RESERVE COMPONENT

BENEFICIARIES.

Section 1095e(a)(1) of title 10, United States Code, is amended--

(1) by striking ``and'' at the end of subparagraph (A);

(2) by redesignating subparagraph (B) as subparagraph (C); and

(3) by inserting after subparagraph (A) the following new subparagraph (B):

``(B) designate for each of the TRICARE program regions at least one person (other than a person designated under subparagraph (A)) to serve full-time as a beneficiary counseling and assistance coordinator solely for members of the reserve components and their dependents who are beneficiaries under the TRICARE program; and''.

SEC. 703. EXTENSION OF AUTHORITY TO ENTER INTO PERSONAL

SERVICES CONTRACTS FOR HEALTH CARE SERVICES TO

BE PERFORMED AT LOCATIONS OUTSIDE MEDICAL

TREATMENT FACILITIES.

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

``December 31, 2008''.

SEC. 704. DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE

HEALTH CARE FUND VALUATIONS AND CONTRIBUTIONS.

(a) Separate Periodic Actuarial Valuation for Single Uniformed Service.-- Section 1115(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:

``(6) The Secretary of Defense may determine a single level dollar amount under subparagraph (A) or (B) of paragraph (1) for each or any of the participating uniformed services separately from the other participating uniformed services if the Secretary determines that a more accurate and appropriate actuarial valuation under such subparagraph would be achieved by doing so.''.

(b) Associated Calculations of Payments Into the Fund.--Section 1116 of such title is amended--

(1) in subsection (a), by striking ``the amount that'' in the matter preceding paragraph (1) and inserting ``the amount that, subject to subsection (b),'';

(2) by redesignating subsections (b) and (c) as subsections

(c) and (d), respectively; and

(3) by inserting after subsection (a) the following new subsection (b):

``(b) If an actuarial valuation referred to in paragraph

(1) or (2) of subsection (a) has been calculated in a single level dollar amount for a participating uniformed service separately from the other participating uniformed services under section 1115(c)(6) of this title, the administering Secretary for the department in which such uniformed service is operating shall calculate the amount under such paragraph separately for such uniformed service. If the administering Secretary is not the Secretary of Defense, the administering Secretary shall notify the Secretary of Defense of the amount so calculated. To determine a single amount for the purpose of paragraph (1) or (2) of subsection (a), as the case may be, the Secretary of Defense shall aggregate the amount calculated under this subsection for a uniformed service for the purpose of such paragraph with the amount or amounts calculated (whether separately or otherwise) for the other uniformed services for the purpose of such paragraph.''.

(c) Technical Correction.--Section 1115(c)(1)(B) of such title is amended by striking ``and other than members'' and inserting ``(other than members''

(d) Conforming Amendment.--Subsections (a) and (c)(5) of section 1115 of such title are amended by striking ``section 1116(b) of this title'' and inserting section ``1116(c) of this title''.

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

(a) Requirement for Surveys.--(1) The Secretary of Defense shall conduct surveys in the TRICARE Standard market areas in the continental United States to determine how many health care providers are accepting new patients under TRICARE Standard in each such market area.

(2) The Secretary shall carry out the surveys in at least 20 TRICARE market areas in the continental United States each fiscal year after fiscal year 2003 until all such market areas in the continental United States have been surveyed. The Secretary shall complete six of the fiscal year 2004 surveys not later than March 31, 2004.

(3) In prioritizing the market areas for the sequence in which market areas are to be surveyed under this subsection, the Secretary shall consult with representatives of TRICARE beneficiaries and health care providers to identify locations where TRICARE Standard beneficiaries are experiencing significant levels of access-to-care problems under TRICARE Standard and shall give a high priority to surveying health care providers in such areas.

(b) Supervision.--(1) The Secretary shall designate a senior official of the Department of Defense to take the actions necessary for achieving and maintaining participation of health care providers in TRICARE Standard in each TRICARE market area in a number that is adequate to ensure the viability of TRICARE Standard for TRICARE beneficiaries in that market area.

(2) The official designated under paragraph (1) shall have the following duties:

(A) To educate health care providers about TRICARE Standard.

(B) To encourage health care providers to accept patients under TRICARE Standard.

(C) To ensure that TRICARE beneficiaries have the information necessary to locate TRICARE Standard providers readily.

(D) To recommend adjustments in TRICARE Standard provider payment rates that the official considers necessary to ensure adequate availability of TRICARE Standard providers for TRICARE Standard beneficiaries.

(c) GAO Review.--(1) The Comptroller General shall, on an ongoing basis, review--

(A) the processes, procedures, and analysis used by the Department of Defense to determine the adequacy of the number of health care providers accepting TRICARE Standard beneficiaries as patients under TRICARE Standard in each TRICARE market area; and

(B) the actions taken by the Department of Defense to ensure ready access of TRICARE Standard beneficiaries to health care under TRICARE Standard in each TRICARE market area.

(2)(A) The Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a semiannual report on the results of the review under paragraph (1). The first semiannual report shall be submitted not later than June 30, 2004.

(B) The semiannual report under subparagraph (A) shall include the following:

(i) An analysis of the adequacy of the surveys under subsection (a).

(ii) The adequacy of existing statutory authority to address inadequate levels of participation by health care providers in TRICARE Standard.

(iii) Identification of policy-based obstacles to achieving adequacy of availability of TRICARE Standard health care in the TRICARE Standard market areas.

(iv) An assessment of the adequacy of Department of Defense education programs to inform health care providers about TRICARE Standard.

(v) An assessment of the adequacy of Department of Defense initiatives to encourage health care providers to accept patients under TRICARE Standard.

(vi) An assessment of the adequacy of information to TRICARE Standard beneficiaries to facilitate access by such beneficiaries to health care under TRICARE Standard.

(vii) Any need for adjustment of health care provider payment rates to attract participation in TRICARE Standard by appropriate numbers of health care providers.

(d) Definition.--In this section, the term ``TRICARE Standard'' means the option of the TRICARE program that is also known as the Civilian Health and Medical Program of the Uniformed Services, as defined in section 1072(4) of title 10, United States Code. SEC. 706. ELIMINATION OF LIMITATION ON COVERED BENEFICIARIES'

ELIGIBILITY TO RECEIVE HEALTH CARE SERVICES

FROM FORMER PUBLIC HEALTH SERVICE TREATMENT

FACILITIES.

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

SEC. 707. MODIFICATION OF STRUCTURE AND DUTIES OF DEPARTMENT

OF VETERANS AFFAIRS-DEPARTMENT OF DEFENSE

HEALTH EXECUTIVE COMMITTEE.

(a) In General.--Subsection (c) of section 8111 of title 38, United States Code, is amended to read as follows:

``(c) DOD-VA Joint Executive Committee.--(1) There is established an interagency committee to be known as the Department of Veterans Affairs-Department of Defense Joint Executive Committee (hereinafter in this section referred to as the `Committee').

``(2) The Committee shall be composed of--

``(A) the Deputy Secretary of Veterans Affairs and such other officers and employees of the Department as the Secretary may designate; and

``(B) the Under Secretary of Defense for Personnel and Readiness and such other officers and employees of the Department of Defense as the Secretary of Defense may designate.

``(3)(A) The Deputy Secretary and the Under Secretary shall determine the size and structure of the Committee, except that the Committee shall have subordinate committees as follows:

``(i) A Health Executive Committee.

``(ii) A Benefits Executive Committee.

``(iii) Such other subordinate committees as the Deputy Secretary and the Under Secretary consider appropriate.

``(B) The Deputy Secretary and the Under Secretary shall establish the administrative and procedural guidelines for the operation of the Committee.

``(C) The two Departments shall supply staff and resources to the Committee in order to provide such administrative support and services for the Committee as are necessary for the efficient operation of the Committee.

``(4) The Committee shall recommend to the Secretaries strategic direction for the joint coordination and sharing of efforts between and within the two Departments under this section, and shall oversee implementation of such coordination and efforts.

``(5) In order to enable the Committee to make recommendations under paragraph (4) in its annual report under paragraph (6), the Committee shall--

``(A) review existing policies, procedures, and practices relating to the coordination and sharing of health care resources and other resources between the two Departments;

``(B) identify changes in policies, procedures, and practices that, in the judgment of the Committee, would promote mutually beneficial coordination, use, or exchange of use of services and health care resources and other resources of the two Departments in order to achieve the goal of improving the quality, efficiency, and effectiveness of the delivery of benefits and services to veterans, members of the Armed Forces, military retirees, and their families through an enhanced partnership between the two Departments;

``(C) identify and assess further opportunities for coordination and collaboration between the two Departments that, in the judgment of the Committee, would not adversely affect the range of services, the quality of care, or the established priorities for benefits provided by either Department;

``(D) review the plans of both agencies for the acquisition of additional health care resources and other resources, especially new facilities and major equipment and technology, in order to assess the potential effect of such plans on further opportunities for the coordination and sharing of such resources; and

``(E) review the implementation of activities designed to promote the coordination and sharing of health care resources and other resources between the two Departments.

``(6) The Committee shall submit to the Secretaries, and to Congress, each year a report containing such recommendations as the Committee considers appropriate, including recommendations in light of activities under paragraph

(5).''.

(b) Conforming Amendments.--Subsection (e)(1) of such section is amended by striking ``subsection (c)(2)'' and inserting ``subsection (c)(4)''.

(c) Effective Date.--The amendments made by this section shall take effect on October 1, 2003, as if included in the amendments to section 8111 of title 38, United States Code, made by section 721 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2589), to which the amendments made by this section relate.

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

MATTERS

Subtitle A--Acquisition Policy and Management

SEC. 801. TEMPORARY EMERGENCY PROCUREMENT AUTHORITY TO

FACILITATE DEFENSE AGAINST OR RECOVERY FROM

TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR

RADIOLOGICAL ATTACK.

(a) Extension of Authority.--Section 836(a) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1192; 10 U.S.C. 2302 note) is amended by striking ``fiscal year 2002 and 2003'' and inserting ``fiscal years 2002, 2003, 2004, and 2005''.

(b) Expanded Scope.--Such section 836(a) is further amended--

(1) in paragraph (1), by striking ``the defense against terrorism or biological or chemical attack'' and inserting

``defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack''; and

(2) in paragraph (2), by striking ``the defense against terrorism or biological attack'' and inserting ``defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack''.

(c) Conforming Amendment.--The heading for such section is amended to read as follows:

``SEC. 836. TEMPORARY EMERGENCY PROCUREMENT AUTHORITY TO

FACILITATE DEFENSE AGAINST OR RECOVERY FROM

TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR

RADIOLOGICAL ATTACK.''.

SEC. 802. SPECIAL TEMPORARY CONTRACT CLOSEOUT AUTHORITY.

(a) Authority.--The Secretary of Defense may settle any financial account for a contract entered into by the Secretary or the Secretary of a military department before October 1, 1996, that is administratively complete if the financial account has an unreconciled balance, either positive or negative, that is less than $100,000.

(b) Finality of Decision.--A settlement under this section shall be final and conclusive upon the accounting officers of the United States.

(c) Regulations.--The Secretary of Defense shall prescribe regulations for the administration of the authority under this section.

(d) Termination of Authority.--A financial account may not be settled under this section after September 30, 2006.

SEC. 803. DEFENSE ACQUISITION PROGRAM MANAGEMENT FOR USE OF

RADIO FREQUENCY SPECTRUM.

(a) Revision of Department of Defense Directive.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall revise and reissue Department of Defense Directive 4650.1, relating to management and use of the radio frequency spectrum, last issued on June 24, 1987, to update the procedures applicable to Department of Defense management and use of the radio frequency spectrum.

(b) Acquisition Program Requirements.--The Secretary of Defense shall--

(1) require that each military department or Defense Agency carrying out a program for the acquisition of a system that is to use the radio frequency spectrum consult with the official or board designated under subsection (c) on the usage of the spectrum by the system as early as practicable during the concept exploration and technology development phases of the acquisition program;

(2) prohibit the program from proceeding into system development and demonstration, or otherwise obtaining production or procuring any unit of the system, until--

(A) an evaluation of the proposed radio frequency spectrum usage by the system is completed in accordance with requirements prescribed by the Secretary; and

(B) the designated official or board reviews and approves the proposed usage of the spectrum by the system; and

(3) prescribe a procedure for waiving the prohibition imposed under paragraph (2) in any case in which it is determined necessary to do so in the national security interests of the United States.

(c) Designation of Official or Board.--The Secretary of Defense shall designate an appropriate official or board of the Department of Defense to perform the functions described for the official or board in subsection (b).

SEC. 804. NATIONAL SECURITY AGENCY MODERNIZATION PROGRAM.

(a) Responsibilities of Under Secretary of Defense for Acquisition, Technology, and Logistics.--The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall--

(1) direct and manage the acquisitions under the National Security Agency Modernization Program; and

(2) designate the projects under such program as major defense acquisition programs.

(b) Projects Comprising Program.--The National Security Agency Modernization Program includes the following projects of the National Security Agency:

(1) The Trailblazer project.

(2) The Groundbreaker project.

(3) Each cryptological mission management project.

(4) Each other project that--

(A) meets either of the dollar threshold requirements set forth in subsection (a)(2) of section 2430 of title 10, United States Code (as adjusted under subsection (b) of such section); and

(B) is determined by the Under Secretary of Defense for Acquisition, Technology, and Logistics as being a modernization project of the National Security Agency.

(c) Milestone Decision Authority.--(1) In the administration of subsection (a), the Under Secretary of Defense for Acquisition, Technology, and Logistics shall exercise the milestone decision authority for--

(A) each major defense acquisition program under the National Security Agency Modernization Program, as designated under subsection (a)(2); and

(B) the acquisition of each major system under the National Security Agency Modernization Program, as described in subsection (d).

(2) The Under Secretary may not delegate the milestone decision authority to any other official before October 1, 2006.

(3) The Under Secretary may delegate the milestone decision authority to the Director of the National Security Agency at any time after the later of September 30, 2006, or the date on which the following conditions are satisfied:

(A) The Under Secretary has determined that the Director has implemented acquisition management policies, procedures, and practices that are sufficiently mature to ensure that National Security Agency acquisitions are conducted in a manner consistent with a sound, efficient acquisition enterprise.

(B) The Under Secretary has consulted with the Under Secretary of Defense for Intelligence and the Deputy Director of Central Intelligence for Community Management on the delegation.

(C) The Secretary of Defense has approved the delegation.

(D) The Under Secretary has transmitted to the Committees on Armed Services of the Senate and the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a notification of the intention to delegate the authority, together with a detailed discussion of the justification for the delegation of authority.

(d) Major System Defined.--In this section, the term

``major system'' means a system that meets either of the dollar threshold requirements set forth in paragraph (1) or

(2) of subsection (a) of section 2302d of title 10, United States Code (as adjusted under subsection (c) of such section).

SEC. 805. QUALITY CONTROL IN PROCUREMENT OF AVIATION CRITICAL

SAFETY ITEMS AND RELATED SERVICES.

(a) Quality Control Policy.--The Secretary of Defense shall prescribe a quality control policy for the procurement of aviation critical safety items and the procurement of modifications, repair, and overhaul of such items.

(b) Content of Policy.--The policy shall include the following requirements:

(1) That the head of the design control activity for aviation critical safety items establish processes to identify and manage aviation critical safety items and modifications, repair, and overhaul of such items.

(2) That the head of the contracting activity for an aviation critical safety item enter into a contract for such item only with a source approved by the design control activity in accordance with section 2319 of title 10, United States Code.

(3) That the aviation critical safety items delivered, and the services performed with respect to aviation critical safety items, meet all technical and quality requirements specified by the design control activity, except for any requirement determined unnecessary by the Secretary of Defense in writing.

(c) Definitions.--In this section, the terms ``aviation critical safety item'' and ``design control activity'' have the meanings given such terms in section 2319(g) of title 10, United States Code, as amended by subsection (d).

(d) Conforming Amendment to Title 10.--Section 2319 of title 10, United States Code, is amended--

(1) in subsection (c)(3), by inserting after ``the contracting officer'' the following: ``(or, in the case of a contract for the procurement of an aviation critical item, the head of the design control activity for such item)''; and

(2) by adding at the end the following new subsection:

``(g) Definitions.--In this section:

``(1) The term `aviation critical safety item' means a part, an assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system if the part, assembly, or equipment contains a characteristic any failure, malfunction, or absence of which could cause a catastrophic or critical failure resulting in the loss of or serious damage to the aircraft or weapon system, an unacceptable risk of personal injury or loss of life, an uncommanded engine shutdown that jeopardizes safety, or the failure of a military mission.

``(2) The term `design control activity', with respect to an aviation critical safety item, means the systems command of a military department that is specifically responsible for ensuring the airworthiness of an aviation system or equipment in which the item is to be used.''.

Subtitle B--Procurement of Services

SEC. 811. EXPANSION AND EXTENSION OF INCENTIVE FOR USE OF

PERFORMANCE-BASED CONTRACTS IN PROCUREMENTS OF

SERVICES.

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

(b) Extension of Authority.--Paragraph (4) of such section 821(b) is amended by striking ``more than 3 years after the date of the enactment of this Act'' and inserting ``after October 30, 2006''.

SEC. 812. PUBLIC-PRIVATE COMPETITIONS FOR THE PERFORMANCE OF

DEPARTMENT OF DEFENSE FUNCTIONS.-

(a) Pilot Program for Best Value Source Selection for the Performance of Information Technology Services.--

(1) Authority.--The Secretary of Defense may carry out a pilot program for use of a best value criterion in the selection of sources for performance of information technology services for the Department of Defense.

(2) Conversion to private sector performance.--(A) Under the pilot program, an analysis of the performance of an information technology services function for the Department of Defense under section 2461(b)(3) of title 10, United States Code, shall include an examination of the performance of the function by Department of Defense civilian employees and by one or more private contractors to demonstrate whether change to performance by the private sector will result in the best value to the Government over the life of the contract, including in the examination the following:

(i) The cost to the Government, estimated by the Secretary of Defense (based on offers received), for performance of the function by the private sector.

(ii) The estimated cost to the Government of Department of Defense civilian employees performing the function.

(iii) Benefits in addition to price that warrant performance of the function by a particular source at a cost higher than that of performance by Department of Defense civilian employees.

(iv) In addition to the cost referred to in clause (i), an estimate of all other costs and expenditures that the Government would incur because of the award of such a contract.

(B) Under the pilot program, subparagraph (A) of such section 2461(b)(3) shall not apply to an analysis of the performance of an information technology services function for the Department of Defense.

(3) Contracting for information technology services.--(A) Under the pilot program, except as otherwise provided by law, the Secretary shall procure information technology services necessary for or beneficial to the accomplishment of the authorized functions of the Department of Defense (other than functions which the Secretary of Defense determines must be performed by military or Government personnel) from a source in the private sector if performance by that source represents the best value to the United States, determined in accordance with the competition requirements of Office of Management and Budget Circular A-76.

(B) Under the pilot program, section 2462(a) of title 10, United States Code, shall not apply to a procurement described in paragraph (1).

(4) Duration of pilot program.--(A) The period for which the pilot program may be carried out under this subsection shall be fiscal years 2004 through 2008.

(B) An analysis commenced under the pilot program in accordance with paragraph (2), and a procurement for which a solicitation has been issued in accordance with paragraph

(3), before the end of the pilot program period may be continued in accordance with paragraph (2) or (3), respectively, after the end of such period.

(5) GAO review.--(A) The Comptroller General shall review the administration of any pilot program carried out under this subsection to assess the extent to which the program is effective and is equitable for the potential public sources and the potential private sources of information technology services for the Department of Defense.

(B) Not later than February 1, 2008, the Comptroller General shall submit to the congressional defense committees a report on the review of the program under subparagraph (A). The report shall include the Comptroller General's assessment of the matters required under that subparagraph and any other conclusions resulting from the review.

(6) Information technology services defined.--In this subsection, the term ``information technology service'' means any service performed in the operation or maintenance of information technology (as defined in section 11101 of title 40, United States Code).

(b) Resources-Based Schedules for Completion of Public-Private Competitions.--

(1) Application of timeframes.--Any interim or final deadline or other schedule-related milestone for the completion of a Department of Defense public-private competition shall be established solely on the basis of considered research and sound analysis regarding the availability of sufficient personnel, training, and technical resources to the Department of Defense to carry out such competition in a timely manner.

(2) Extension of timeframes.--Any interim or final deadline or other schedule-related milestone established (consistent with paragraph (1)) for the completion of a Department of Defense public-private competition shall be extended if the Department of Defense official responsible for managing the competition determines under procedures prescribed by the Secretary of Defense that the personnel, training, or technical resources available to the Department of Defense to carry out such competition timely are insufficient.

SEC. 813. AUTHORITY TO ENTER INTO PERSONAL SERVICES

CONTRACTS.

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

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

``(a) Authority.--The head of an element of the Department of Defense referred to in subsection (b) may enter into a contract for the procurement of services described in section 3109 of title 5 that are necessary to carry out a mission of that element without regard to the limitations in such section if the head of that element determines in writing that the services to be procured are unique and that it would not be practicable to obtain such services by other means.

``(b) Applicability.--Subsection (a) applies to--

``(1) any element of the Department of Defense within the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)); and

``(2) the United States Special Operations Command, with respect to special operations activities described in paragraphs (1), (2), (3), and (4) of section 167(j) of this title.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2396 the following new item:

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

Department of Defense.''.

Subtitle C--Major Defense Acquisition Programs

SEC. 821. CERTAIN WEAPONS-RELATED PROTOTYPE PROJECTS.

(a) Extension of Authority.--Subsection (g) of section 845 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking ``September 30, 2004'' and inserting ``September 30, 2007''.

(b) Increased Scope of Authority.--Subsection (a) of such section is amended by inserting before the period at the end the following: ``, or to improvement of weapons or weapon systems in use by the Armed Forces''.

(c) Pilot Program for Transition to Follow-on Contracts.--Such section, as amended by subsection (a), is further amended--

(1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and

(2) by inserting after subsection (d) the following new subsection (e):

``(e) Pilot Program for Transition to Follow-on Contracts.--(1) The Secretary of Defense is authorized to carry out a pilot program for follow-on contracting for the production of items or processes that are developed by nontraditional defense contractors under prototype projects carried out under this section.

``(2) Under the pilot program--

``(A) a qualifying contract for the procurement of such an item or process, or a qualifying subcontract under a contract for the procurement of such an item or process, may be treated as a contract or subcontract, respectively, for the procurement of commercial items, as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)); and

``(B) the item or process may be treated as an item or process, respectively, that is developed in part with Federal funds and in part at private expense for the purposes of section 2320 of title 10, United States Code.

``(3) For the purposes of the pilot program, a qualifying contract or subcontract is a contract or subcontract, respectively, with a nontraditional defense contractor that--

``(A) does not exceed $50,000,000; and

``(B) is either--

``(i) a firm, fixed-price contract or subcontract; or

``(ii) a fixed-price contract or subcontract with economic price adjustment.

``(4) The authority to conduct a pilot program under this subsection shall terminate on September 30, 2007. The termination of the authority shall not affect the validity of contracts or subcontracts that are awarded or modified during the period of the pilot program, without regard to whether the contracts or subcontracts are performed during the period.''.

SEC. 822. APPLICABILITY OF CLINGER-COHEN ACT POLICIES AND

REQUIREMENTS TO EQUIPMENT INTEGRAL TO A WEAPON

OR WEAPON SYSTEM.

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

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

``(a) Board of Senior Acquisition Officials.--(1) The Secretary of Defense shall establish a board of senior acquisition officials to administer the implementation of the policies and requirements of chapter 113 of title 40 in procurements of information technology equipment determined by the Secretary as being an integral part of a weapon or a weapon system.

``(2) The Board shall be composed of the following officials:

``(A) Under Secretary of Defense for Acquisition, Technology, and Logistics, who shall be the Chairman.

``(B) The acquisition executive of each of the military departments.

``(C) The Chief Information Officer of the Department of Defense.

``(c) Responsibilities of Board.--The Board shall be responsible for ensuring that--

``(1) the acquisition of information technology equipment determined by the Secretary of Defense as being an integral part of a weapon or a weapon system is conducted in a manner that is consistent with the capital planning, investment control, and performance and results-based management processes and requirements provided under sections 11302, 11303, 11312, and 11313 of title 40, to the extent that such processes requirements are applicable to the acquisition of such equipment;

``(2) issues of spectrum availability, interoperability, and information security are appropriately addressed in the development of weapons and weapon systems; and

``(3) in the case of information technology equipment that is to be incorporated into a weapon or a weapon system under a major defense acquisition program, the information technology equipment is incorporated in a manner that is consistent with--

``(A) the planned approach to applying certain provisions of law to major defense acquisition programs following the evolutionary acquisition process that the Secretary of Defense reported to Congress under section 802 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003

(Public Law 107-314; 116 Stat. 2602);

``(B) the acquisition policies that apply to spiral development programs under section 803 of such Act (116 Stat. 2603; 10 U.S.C. 2430 note); and

``(C) the software acquisition processes of the military department or Defense Agency concerned under section 804 of such Act (116 Stat. 2604; 10 U.S.C. 2430 note).

``(d) Inapplicability of Other Laws.--The following provisions of law do not apply to information technology equipment that is determined by the Secretary of Defense as being an integral part of a weapon or a weapon system:

``(1) Section 11315 of title 40.

``(2) The policies and procedures established under section 11316 of title 40.

``(3) Subsections (d) and (e) of section 811 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-211), and the requirements and prohibitions that are imposed by Department of Defense Directive 5000.1 pursuant to subsections (b) and (c) of such section.

``(4) Section 351 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516; 10 U.S.C. 221 note).

``(e) Definitions.--In this section:

``(1) The term `acquisition executive', with respect to a military department, means the official who is designated as the senior procurement executive of the military department under section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)).

``(2) The term `information technology' has the meaning given such term in section 11101 of title 40.

``(3) The term `major defense acquisition program' has the meaning given such term in section 2430 of this title.''.

(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2223 the following new item:

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

(b) Conforming Amendment.--Section 2223 of such title is amended by adding at the end the following new subsection:

``(c) Equipment Integral to a Weapon or Weapon System.--(1) In the case of information technology equipment determined by the Secretary of Defense as being an integral part of a weapon or a weapon system, the responsibilities under this section shall be performed by the board of senior acquisition officials established pursuant to section 2223a of this title.

``(2) In this subsection, the term `information technology' has the meaning given such term in section 11101 of title 40.''.

SEC. 823. APPLICABILITY OF REQUIREMENT FOR REPORTS ON

MATURITY OF TECHNOLOGY AT INITIATION OF MAJOR

DEFENSE ACQUISITION PROGRAMS.

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

Subtitle D--Domestic Source Requirements

SEC. 831. EXCEPTIONS TO BERRY AMENDMENT FOR CONTINGENCY

OPERATIONS AND OTHER URGENT SITUATIONS.

Section 2533a(d) of title 10, United States Code, is amended--

(1) in paragraph (1), by inserting ``or contingency operations'' after ``in support of combat operations''; and

(2) by adding at the end the following new paragraph:

``(4) Procurements for which the use of procedures other than competitive procedures has been approved on the basis of section 2304(c)(2) of this title, relating to unusual and compelling urgency of need.''.

SEC. 832. INAPPLICABILITY OF BERRY AMENDMENT TO PROCUREMENTS

OF WASTE AND BYPRODUCTS OF COTTON AND WOOL

FIBER FOR USE IN THE PRODUCTION OF PROPELLANTS

AND EXPLOSIVES.

Section 2533a(f) of title 10, United States Code, is amended--

(1) by striking ``(f) Exception'' and all that follows through ``the procurement of'' and inserting the following:

``(f) Exceptions for Certain Other Commodities and Items.--Subsection (a) does not preclude the procurement of the following:

``(1)'';

(2) by capitalizing the initial letter of the word following ``(1)'', as added by paragraph (1); and

(3) by adding at the end the following new paragraph:

``(2) Waste and byproducts of cotton and wool fiber for use in the production of propellants and explosives.''.

SEC. 833. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT

REQUIREMENTS.

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

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

``(a) Authority.--Except as provided in subsection (f), the Secretary of Defense may waive the application of any domestic source requirement or domestic content requirement referred to in subsection (b) and thereby authorize the procurement of items that are grown, reprocessed, reused, produced, or manufactured--

``(1) in a foreign country that has a reciprocal defense procurement memorandum of understanding or agreement with the United States;

``(2) in a foreign country that has a reciprocal defense procurement memorandum of understanding or agreement with the United States substantially from components and materials grown, reprocessed, reused, produced, or manufactured in the United States or any foreign country that has a reciprocal defense procurement memorandum of understanding or agreement with the United States; or

``(3) in the United States substantially from components and materials grown, reprocessed, reused, produced, or manufactured in the United States or any foreign country that has a reciprocal defense procurement memorandum of understanding or agreement with the United States.

``(b) Covered Requirements.--For purposes of this section:

``(1) A domestic source requirement is any requirement under law that the Department of Defense satisfy its requirements for an item by procuring an item that is grown, reprocessed, reused, produced, or manufactured in the United States or by a manufacturer that is a part of the national technology and industrial base (as defined in section 2500(1) of this title).

``(2) A domestic content requirement is any requirement under law that the Department of Defense satisfy its requirements for an item by procuring an item produced or manufactured partly or wholly from components and materials grown, reprocessed, reused, produced, or manufactured in the United States.

``(c) Applicability.--The authority of the Secretary to waive the application of a domestic source or content requirements under subsection (a) applies to the procurement of items for which the Secretary of Defense determines that--

``(1) application of the requirement would impede the reciprocal procurement of defense items under a memorandum of understanding providing for reciprocal procurement of defense items between a foreign country and the United States in accordance with section 2531 of this title; and

``(2) such country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country.

``(d) Limitation on Delegation.--The authority of the Secretary to waive the application of domestic source or content requirements under subsection (a) may not be delegated to any officer or employee other than the Under Secretary of Defense for Acquisition, Technology and Logistics.

``(e) Consultations.--The Secretary may grant a waiver of the application of a domestic source or content requirement under subsection (a) only after consultation with the United States Trade Representative, the Secretary of Commerce, and the Secretary of State.

``(f) Laws Not Waivable.--The Secretary of Defense may not exercise the authority under subsection (a) to waive any domestic source or content requirement contained in any of the following laws:

``(1) The Small Business Act (15 U.S.C. 631 et seq.).

``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).

``(3) Sections 7309 and 7310 of this title.

``(4) Section 2533a of this title.

``(g) Relationship to Other Waiver Authority.--The authority under subsection (a) to waive a domestic source requirement or domestic content requirement is in addition to any other authority to waive such requirement.

``(h) Construction With Respect to Later Enacted Laws.--This section may not be construed as being inapplicable to a domestic source requirement or domestic content requirement that is set forth in a law enacted after the enactment of this section solely on the basis of the later enactment.''.

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

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

SEC. 834. BUY AMERICAN EXCEPTION FOR BALL BEARINGS AND ROLLER

BEARINGS USED IN FOREIGN PRODUCTS.

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

Subtitle E--Defense Acquisition and Support Workforce

SEC. 841. FLEXIBILITY FOR MANAGEMENT OF THE DEFENSE

ACQUISITION AND SUPPORT WORKFORCE.

(a) Management Structure.--(1) Sections 1703, 1705, 1706, and 1707 of title 10, United States Code, are repealed.

(2) Section 1724(d) of such title is amended--

(A) in the first sentence, by striking ``The acquisition career program board concerned'' and all that follows through

``if the board certifies'' and inserting ``The Secretary of Defense may waive any or all of the requirements of subsections (a) and (b) with respect to an employee of the Department of Defense or member of the armed forces if the Secretary determines'';

(B) in the second sentence, by striking ``the board'' and inserting ``the Secretary''; and

(C) by striking the third sentence.

(3) Section 1732(b) of such title is amended--

(A) in paragraph (1)(C), by striking ``, as validated by the appropriate career program management board''; and

(B) in paragraph (2)(A)(ii), by striking ``has been certified by the acquisition career program board of the employing military department as possessing'' and inserting

``possess''.

(4) Section 1732(d) of such title is amended--

(A) in paragraph (1)--

(i) in the first sentence, by striking ``the acquisition career program board of a military department'' and all that follows through ``if the board certifies'' and inserting

``The Secretary of Defense may waive any or all of the requirements of subsection (b) with respect to an employee if the Secretary determines'';

(ii) in the second sentence, by striking ``the board'' and inserting ``the Secretary''; and

(iii) by striking the third sentence; and

(B) in paragraph (2), by striking ``The acquisition career program board of a military department'' and inserting ``The Secretary''.

(5) Section 1734(d) of such title is amended--

(A) in subsection (d)--

(i) by striking paragraph (2); and

(ii) in paragraph (3), by striking the second sentence; and

(B) in subsection (e)(2), by striking ``, by the acquisition career program board of the department concerned,''.

(6) Section 1737(c) of such title is amended--

(A) by striking paragraph (2); and

(B) by striking ``(1) The Secretary'' and inserting ``The Secretary''.

(b) Elimination of Role of Office of Personnel Management.--(1) Section 1725 of such title is repealed.

(2) Section 1731 of such title is amended by striking subsection (c).

(3) Section 1732(c)(2) of such title is amended by striking the second and third sentences.

(4) Section 1734(g) of such title is amended--

(A) by striking paragraph (2); and

(B) in paragraph (1) by striking ``(1) The Secretary'' and inserting ``The Secretary''.

(5) Section 1737 of such title is amended by striking subsection (d).

(6) Section 1744(c)(3)(A)(i) of such title is amended by striking ``and such other requirements as the Office of Personnel Management may prescribe''.

(c) Single Acquisition Corps.--(1) Section 1731 of such title is amended--

(A) in subsection (a)--

(i) by striking ``each of the military departments and one or more Corps, as he considers appropriate, for the other components of'' in the first sentence; and

(ii) by striking the second sentence; and

(B) in subsection (b), by striking ``an Acquisition Corps'' and inserting ``the Acquisition Corps''.

(2) Sections 1732(a), 1732(e)(1), 1732(e)(2), 1733(a), 1734(e)(1), and 1737(a)(1) of such title are amended by striking ``an Acquisition Corps'' and inserting ``the Acquisition Corps''.

(3) Section 1734 of such title is amended--

(A) in subsection (g), by striking ``each Acquisition Corps, a test program in which members of a Corps'' and inserting ``the Acquisition Corps, a test program in which members of the Corps''; and

(B) in subsection (h), by striking ``making assignments of civilian and military members of the Acquisition Corps of that military department'' and inserting ``making assignments of civilian and military personnel of that military department who are members of the Acquisition Corps''.

(d) Consolidation of Certain Education and Training Program Requirements.--(1) Section 1742 of such title is amended to read as follows:

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

``The Secretary of Defense shall conduct the following education and training programs:

``(1) An intern program for purposes of providing highly qualified and talented individuals an opportunity for accelerated promotions, career broadening assignments, and specified training to prepare them for entry into the Acquisition Corps.

``(2) A cooperative education credit program under which the Secretary arranges, through cooperative arrangements entered into with one or more accredited institutions of higher education, for such institutions to grant undergraduate credit for work performed by students who are employed by the Department of Defense in acquisition positions.

``(3) A scholarship program for the purpose of qualifying personnel for acquisition positions in the Department of Defense.''.

(2) Sections 1743 and 1744 of such title are repealed.

(e) General Management Provisions.--Subchapter V of chapter 87 of such title is amended--

(1) by striking section 1763; and

(2) by adding at the end the following new section 1764:

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

``(a) Authority.--(1) The Secretary of Defense may prescribe a different minimum number of years of experience, different minimum education qualifications, and different tenure of service qualifications to be required for eligibility for appointment or advancement to an acquisition position referred to in subsection (b) than is required for such position under or pursuant to any provision of this chapter.

``(2) Any requirement prescribed under paragraph (1) for a position referred to in any paragraph of subsection (b) shall be applied uniformly to all positions referred to in such paragraph.

``(b) Applicability.--This section applies to the following acquisition positions in the Department of Defense:

``(1) Contracting officer, except a position referred to in paragraph (5).

``(2) Program executive officer.

``(3) Senior contracting official.

``(4) Program manager.

``(5) A position in the contract contingency force of an armed force that is filled by a member of that armed force.

``(c) Definition.--In this section, the term `contract contingency force', with respect to an armed force, has the meaning given such term in regulations prescribed by the Secretary concerned.''.

(f) Clerical Amendments.--(1) The table of sections at the beginning of subchapter I of chapter 87 of title 10, United States Code, is amended by striking the items relating to sections 1703, 1705, 1706, and 1707.

(2) The table of sections at the beginning of subchapter II of such chapter is amended by striking the item relating to section 1725.

(3) The table of sections at the beginning of subchapter IV of such chapter is amended by striking the items relating to sections 1742, 1743, and 1744 and inserting the following:

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

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

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

SEC. 842. LIMITATION AND REINVESTMENT AUTHORITY RELATING TO

REDUCTION OF THE DEFENSE ACQUISITION AND

SUPPORT WORKFORCE.

(a) Limitation.--Notwithstanding any other provision of law, the defense acquisition and support workforce may not be reduced, during fiscal years 2004, 2005, and 2006, below the level of that workforce as of September 30, 2002, determined on the basis of full-time equivalent positions, except as may be necessary to strengthen the defense acquisition and support workforce in higher priority positions in accordance with this section.

(b) Workforce Flexibility.--During fiscal years 2004, 2005, and 2006, the Secretary of Defense may realign any part of the defense acquisition and support workforce to support reinvestment in other, higher priority positions in such workforce.

(c) Higher Priority Positions.--For the purposes of this section, higher priority positions in the defense acquisition and support workforce include the following positions:

(1) Positions the responsibilities of which include drafting performance-based work statements for services contracts and overseeing the performance of contracts awarded pursuant to such work statements.

(2) Positions the responsibilities of which include conducting spending analyses, negotiating company-wide pricing agreements, and taking other measures to reduce contract costs.

(3) Positions the responsibilities of which include reviewing contractor quality control systems, assessing and analyzing quality deficiency reports, and taking other measures to improve product quality.

(4) Positions the responsibilities of which include effectively conducting public-private competitions in accordance with Office of Management and Budget Circular A-76.

(5) Any other positions in the defense acquisition and support workforce that the Secretary identifies as being higher priority positions that are staffed at levels not likely to ensure efficient and effective performance of all of the responsibilities of those positions.

(d) Defense Acquisition and Support Workforce Defined.--In this section, the term ``defense acquisition and support workforce'' means members of the Armed Forces and civilian personnel who are assigned to, or are employed in, an organization of the Department of Defense that has acquisition as its predominant mission, as determined by the Secretary of Defense.

SEC. 843. CLARIFICATION AND REVISION OF AUTHORITY FOR

DEMONSTRATION PROJECT RELATING TO CERTAIN

ACQUISITION PERSONNEL MANAGEMENT POLICIES AND

PROCEDURES.

Section 4308 of the National Defense Authorization Act for Fiscal Year 1996 (10 U.S.C. 1701 note) is amended--

(1) in subsection (b), by striking paragraph (3) and inserting the following:

``(3) Conditions.--Paragraph (2) shall not apply with respect to a demonstration project unless--

``(A) for each organization or team participating in the demonstration project--

``(i) at least one-third of the workforce participating in the demonstration project consists of members of the acquisition workforce; and

``(ii) at least two-thirds of the workforce participating in the demonstration project consists of members of the acquisition workforce and supporting personnel assigned to work directly with the acquisition workforce; and

``(B) the demonstration project commences before October 1, 2007.'';

(2) in subsection (d), by striking ``95,000'' in subsection

(d) and inserting ``120,000'';

(3) by redesignating subsection (e) as subsection (f); and

(4) by inserting after subsection (d) the following:

``(e) Effect of Reorganizations.--The applicability of paragraph (2) of subsection (b) to an organization or team shall not terminate by reason that the organization or team, after having satisfied the conditions in paragraph (3) of such subsection when it began to participate in a demonstration project under this section, ceases to meet one or both of the conditions set forth in subparagraph (A) of such paragraph (3) as a result of a reorganization, restructuring, realignment, consolidation, or other organizational change.''.

Subtitle F--Federal Support for Procurement of Anti-Terrorism

Technologies and Services by State and Local Governments

SEC. 851. APPLICATION OF INDEMNIFICATION AUTHORITY TO STATE

AND LOCAL GOVERNMENT CONTRACTORS.

(a) Authority.--Subject to the limitations of subsection

(b), the President may exercise the discretionary authority under Public Law 85-804 (50 U.S.C. 1431 et seq.) so as to provide under such law for indemnification of contractors and subcontractors in procurements by States or units of local government of an anti-terrorism technology or an anti-terrorism service for the purpose of preventing, detecting, identifying, otherwise deterring, or recovering from acts of terrorism.

(b) Limitations.--Any authority that is delegated by the President under subsection (a) to the head of a Federal agency to provide for the indemnification of contractors and subcontractors under Public Law 85-804 (50 U.S.C. 1431 et seq.) for procurements by States or units of local government may be exercised only--

(1) in the case of a procurement by a State or unit of local government that--

(A) is made under a contract awarded pursuant to section 852; and

(B) is approved, in writing, for the provision of indemnification by the President or the official designated by the President under section 852(a); and

(2) with respect to--

(A) amounts of losses or damages not fully covered by private liability insurance and State or local government-provided indemnification; and

(B) liabilities of a contractor or subcontractor not arising out of willful misconduct or lack of good faith on the part of the contractor or subcontractor, respectively.

SEC. 852. PROCUREMENTS OF ANTI-TERRORISM TECHNOLOGIES AND

ANTI-TERRORISM SERVICES BY STATE AND LOCAL

GOVERNMENTS THROUGH FEDERAL CONTRACTS.

(a) In General.--

(1) Establishment of program.--The President shall designate an officer or employee of the United States to establish, and the designated official shall establish, a program under which States and units of local government may procure through contracts entered into by the designated official anti-terrorism technologies or anti-terrorism services for the purpose of preventing, detecting, identifying, otherwise deterring, or recovering from acts of terrorism.

(2) Designated federal procurement official for program.--In this section, the officer or employee designated by the President under paragraph (1) shall be referred to as the

``designated Federal procurement official''.

(3) Authorities.--Under the program, the designated Federal procurement official may, but shall not be required to, award contracts using the same authorities as are provided to the Administrator of General Services under section 309(b)(3) of the Federal Property and Administrative Services Act (41 U.S.C. 259(b)(3)).

(4) Offers not required to state and local governments.--A contractor that sells anti-terrorism technology or anti-terrorism services to the Federal Government may not be required to offer such technology or services to a State or unit of local government under the program.

(b) Responsibilities of the Contracting Official.--In carrying out the program established under this section, the designated Federal procurement official shall--

(1) produce and maintain a catalog of anti-terrorism technologies and anti-terrorism services suitable for procurement by States and units of local government under this program; and

(2) establish procedures in accordance with subsection (c) to address the procurement of anti-terrorism technologies and anti-terrorism services by States and units of local government under contracts awarded by the designated official.

(c) Required Procedures.--The procedures required by subsection (b)(2) shall implement the following requirements and authorities:

(1) Submissions by states.--

(A) Requests and payments.--Except as provided in subparagraph (B), each State desiring to participate in a procurement of anti-terrorism technologies or anti-terrorism services through a contract entered into by the designated Federal procurement official under this section shall submit to that official in such form and manner and at such times as such official prescribes, the following:

(i) Request.--A request consisting of an enumeration of the technologies or services, respectively, that are desired by the State and units of local government within the State.

(ii) Payment.--Advance payment for each requested technology or service in an amount determined by the designated official based on estimated or actual costs of the technology or service and administrative costs incurred by such official.

(B) Other contracts.--The designated Federal procurement official may award and designate contracts under which States and units of local government may procure anti-terrorism technologies and anti-terrorism services directly from the contractors. No indemnification may be provided under Public Law 85-804 pursuant to an exercise of authority under section 851 for procurements that are made directly between contractors and States or units of local government.

(2) Permitted catalog technologies and services.--A State may include in a request submitted under paragraph (1) only a technology or service listed in the catalog produced under subsection (b)(1).

(3) Coordination of local requests within state.--The Governor of a State may establish such procedures as the Governor considers appropriate for administering and coordinating requests for anti-terrorism technologies or anti-terrorism services from units of local government within the State.

(4) Shipment and transportation costs.--A State requesting anti-terrorism technologies or anti-terrorism services shall be responsible for arranging and paying for any shipment or transportation of the technologies or services, respectively, to the State and localities within the State.

(d) Reimbursement of Actual Costs.--In the case of a procurement made by or for a State or unit of local government under the procedures established under this section, the designated Federal procurement official shall require the State or unit of local government to reimburse the Department for the actual costs it has incurred for such procurement.

(e) Time for Implementation.--The catalog and procedures required by subsection (b) of this section shall be completed as soon as practicable and no later than 210 days after the enactment of this Act.

SEC. 853. DEFINITIONS.

In this subtitle:

(1) Anti-terrorism technology and service.--The terms

``anti-terrorism technology'' and ``anti-terrorism service'' mean any product, equipment, or device, including information technology, and any service, system integration, or other kind of service (including a support service), respectively, that is related to technology and is designed, developed, modified, or procured for the purpose of preventing, detecting, identifying, otherwise deterring, or recovering from acts of terrorism.

(2) Information technology.--The term ``information technology'' has the meaning given such term in section 11101(6) of title 40, United States Code.

(3) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.

(4) Unit of local government.--The term ``unit of local government'' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior; or any agency of the District of Columbia Government or the United States Government performing law enforcement functions in and for the District of Columbia or the Trust Territory of the Pacific Islands.

Subtitle G--General Contracting Authorities, Procedures, and

Limitations, and Other Matters

SEC. 861. LIMITED ACQUISITION AUTHORITY FOR COMMANDER OF

UNITED STATES JOINT FORCES COMMAND.

Section 164 of title 10, United States Code, is amended by adding at the end the following new subsection:

``(h) Limited Acquisition Authority for Commander of Certain Unified Combatant Command.--(1) The Secretary of Defense shall delegate to the commander of the unified combatant command referred to in paragraph (2) authority of the Secretary under chapter 137 of this title sufficient to enable the commander to develop and acquire equipment described in paragraph (3). The exercise of authority so delegated is subject to the authority, direction, and control of the Secretary.

``(2) The commander to which authority is delegated under paragraph (1) is the commander of the unified combatant command that has the mission for joint warfighting experimentation, as assigned by the Secretary of Defense.

``(3) The equipment referred to in paragraph (1) is as follows:

``(A) Battlefield command, control, communications, and intelligence equipment.

``(B) Any other equipment that the commander referred to in that paragraph determines necessary and appropriate for--

``(i) facilitating the use of joint forces in military operations; or

``(ii) enhancing the interoperability of equipment used by the various components of joint forces on the battlefield.

``(4) The authority delegated under paragraph (1) does not apply to the development or acquisition of a system for which--

``(A) the total expenditure for research, development, test, and evaluation is estimated to be $10,000,000 or more; or

``(B) the total expenditure for procurement of the system is estimated to be $50,000,000 or more.

``(5) The commander of the unified combatant command referred to in paragraph (1) shall require the inspector general of the command to conduct internal audits and inspections of purchasing and contracting administered by the commander under the authority delegated under subsection

(a).''.

SEC. 862. OPERATIONAL TEST AND EVALUATION.

(a) Leadership and Duties of Department of Defense Test Resource Management Center.--(1) Subsection (b)(1) of section 196 of title 10, United States Code, is amended--

(A) by striking ``on active duty. The Director'' and inserting ``on active duty or from among senior civilian officers and employees of the Department of Defense. A commissioned officer serving as the Director''; and

(B) by adding at the end the following: ``A civilian officer or employee serving as the Director shall serve in a pay level equivalent in rank to lieutenant general.''.

(2)(A) Subsection (c)(1)(B) of such section is amended by inserting after ``Department of Defense'' the following:

``other than budgets and expenditures for activities described in section 139(i) of this title''.

(B) Subsection (e)(1) of such section is amended--

(i) by striking ``, the Director of Operational Test and Evaluation,''; and

(ii) by striking ``, Director's''.

(b) Deployment Before Completion of OT&E.--Section 806(c) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2607; 10 U.S.C. 2302 note) is amended by adding at the end the following new paragraph:

``(3) If items are deployed under the rapid acquisition and deployment procedures prescribed pursuant to this section, or under any other authority, before the completion of operational test and evaluation of the items, the Director of Operational Test and Evaluation shall have access to operational records and data relevant to such items in accordance with section 139(e)(3) of title 10, United States Code, for the purpose of completing operational test and evaluation of the items. The access to the operational records and data shall be provided in a time and manner determined by the Secretary of Defense consistent with requirements of operational security and other relevant operational requirements.''.

SEC. 863. MULTIYEAR TASK AND DELIVERY ORDER CONTRACTS.

(a) Repeal of Applicability of Existing Authority and Limitations.--Section 2306c of title 10, United States Code, is amended--

(1) by striking subsection (g); and

(2) by redesignating subsection (h) as subsection (g).

(b) Multiyear Contracting Authority.--Section 2304a of such title is amended--

(1) by redesignating subsections (f) and (g) as subsections

(g) and (h), respectively; and

(2) by inserting after subsection (e) the following new subsection (f):

``(f) Multiyear Contracts.--The head of an agency entering into a task or delivery order contract under this section may provide for the contract to cover any period up to five years and may extend the contract period for one or more successive periods pursuant to an option provided in the contract or a modification of the contract. In no event, however, may the total contract period as extended exceed eight years.''.

SEC. 864. REPEAL OF REQUIREMENT FOR CONTRACTOR ASSURANCES

REGARDING THE COMPLETENESS, ACCURACY, AND

CONTRACTUAL SUFFICIENCY OF TECHNICAL DATA

PROVIDED BY THE CONTRACTOR.

Section 2320(b) of title 10, United States Code, is amended--

(1) by striking paragraph (7); and

(2) by redesignating paragraphs (8) and (9) as paragraphs

(7) and (8), respectively.

SEC. 865. REESTABLISHMENT OF AUTHORITY FOR SHORT-TERM LEASES

OF REAL OR PERSONAL PROPERTY ACROSS FISCAL

YEARS.

(a) Reestablishment of Authority.--Subsection (a) of section 2410a of title 10, United States Code, is amended--

(1) by inserting ``(1)'' before ``The Secretary of Defense'';

(2) by striking ``for procurement of severable services'' and inserting ``for a purpose described in paragraph (2)''; and

(3) by adding at the end the following new paragraph:

``(2) The purpose of a contract described in this paragraph is as follows:

``(A) The procurement of severable services.

``(B) The lease of real or personal property, including the maintenance of such property when contracted for as part of the lease agreement.''.

(b) Conforming and Clerical Amendments.--(1) The heading of such section is amended to read as follows:

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

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

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

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department Officers and Agencies

SEC. 901. CLARIFICATION OF RESPONSIBILITY OF MILITARY

DEPARTMENTS TO SUPPORT COMBATANT COMMANDS.

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

SEC. 902. REDESIGNATION OF NATIONAL IMAGERY AND MAPPING

AGENCY AS NATIONAL GEOSPATIAL-INTELLIGENCE

AGENCY.

(a) Redesignation.--The National Imagery and Mapping Agency

(NIMA) is hereby redesignated as the National Geospatial-Intelligence Agency (NGA).

(b) Conforming Amendments.--

(1) Title 10, united states code.--(A) Chapter 22 of title 10, United States Code, is amended by striking ``National Imagery and Mapping Agency'' each place it appears (other than the penultimate place it appears in section 461(b) of such title) and inserting ``National Geospatial-Intelligence Agency''.

(B) Section 453(b) of such title is amended by striking

``NIMA'' each place it appears and inserting ``NGA''.

(C)(i) Subsection (b)(3) of section 424 of such title is amended by striking ``National Imagery and Mapping Agency'' and inserting ``National Geospatial-Intelligence Agency''.

(ii) The heading for such section is amended to read as follows:

``Sec. 424. Disclosure of organizational and personnel information: exemption for Defense Intelligence Agency,

National Reconnaissance Office, and National Geospatial

Intelligence Agency''.

(iii) The table of sections at the beginning of subchapter I of chapter 21 of such title is amended in the item relating to section 424 by striking ``National Imagery and Mapping Agency'' and inserting ``National Geospatial-Intelligence Agency''.

(D) Section 425(a) of such title is amended--

(i) by redesignating paragraphs (3) and (4) as paragraphs

(4) and (5), respectively; and

(ii) by inserting after paragraph (2) the following new paragraph (3):

``(3) The words `National Geospatial-Intelligence Agency', the initials `NGA', or the seal of the National Geospatial-Intelligence Agency.''.

(E) Section 1614(2)(C) of such title is amended by striking

``National Imagery and Mapping Agency'' and inserting

``National Geospatial-Intelligence Agency''.

(F)(i) The heading for chapter 22 of such title is amended to read as follows:

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

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

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

(2) National security act of 1947.--(A) Section 3(4)(E) of the National Security Act of 1947 (50 U.S.C. 401a(4)(E)) is amended by striking ``National Imagery and Mapping Agency'' and inserting ``National Geospatial-Intelligence Agency''.

(B) That Act is further amended by striking ``National Imagery and Mapping Agency'' each place it appears in sections 105, 105A, 105C, 106, and 110 (50 U.S.C. 403-5, 403-5a, 403-5c, 403-6, 404e) and inserting ``National Geospatial-Intelligence Agency''.

(C) Section 105C of that Act (50 U.S.C. 403-5c) is further amended--

(i) by striking ``NIMA'' each place it appears and inserting ``NGA''; and

(ii) in subsection (a)(6)(B)(iv)(II), by striking

``NIMA's'' and inserting ``NGA's''.

(D) The heading for section 105C of that Act (50 U.S.C. 403-5c) is amended to read as follows:

``protection of operational files of the national geospatial-

intelligence agency''.

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

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

(F) The table of contents for that Act is amended--

(i) by striking the item relating to section 105C and inserting the following new item:

``Sec. 105C. Protection of operational files of the National

Geospatial-Intelligence Agency.''; and

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

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

Agency.''.

(c) References.--Any reference to the National Imagery and Mapping Agency or NIMA in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the National Geospatial-Intelligence Agency or NGA, respectively.

(d) Matters Relating to Geospatial Intelligence.--(1) Section 442(a)(2) of title 10, United States Code, is amended by striking ``Imagery, intelligence, and information'' and inserting ``Geospatial intelligence''.

(2) Section 467 of such title is amended by adding at the end the following new paragraph:

``(5) The term `geospatial intelligence' means the exploitation and analysis of imagery and geospatial information to describe, assess, and visually depict physical features and geographically referenced activities on the earth, and includes imagery, imagery intelligence, and geospatial information.''.

(3) Section 110(a) of the National Security Act of 1947 (50 U.S.C. 404e(a)) is amended by striking ``imagery requirements'' and inserting ``geospatial intelligence requirements''.

SEC. 903. STANDARDS OF CONDUCT FOR MEMBERS OF THE DEFENSE

POLICY BOARD AND THE DEFENSE SCIENCE BOARD.

(a) Standards Required.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate standards of conduct for members of the Defense Policy Board and the Defense Science Board. The purpose of the standards of conduct shall be to ensure public confidence in the Defense Policy Board and the Defense Science Board.

(b) Issues To Be Addressed.--The standards of conduct promulgated pursuant to subsection (a) shall address, at a minimum, the following:

(1) Conditions governing the access of Board members to classified information and other confidential information about the plans and operations of the Department of Defense and appropriate limitations on any use of such information for private gain.

(2) Guidelines for addressing conflicting financial interests and recusal from participation in matters affecting such interests.

(3) Guidelines regarding the lobbying of Department of Defense officials or other contacts with Department of Defense officials regarding matters in which Board members may have financial interests.

(c) Report to Congress.--The Secretary of Defense shall provide the Committees on Armed Services of the Senate and the House of Representatives with a copy of the standards of conduct promulgated pursuant to subsection (a) immediately upon promulgation of the standards.

Subtitle B--Space Activities

SEC. 911. COORDINATION OF SPACE SCIENCE AND TECHNOLOGY

ACTIVITIES OF THE DEPARTMENT OF DEFENSE.

(a) Space Science and Technology Strategy.--(1) The Under Secretary of the Air Force, in consultation with the Director of Defense Research and Engineering, shall develop a space science and technology strategy and shall review and, as appropriate, revise the strategy annually.

(2) The strategy shall, at a minimum, address the following issues:

(A) Short-term and long-term goals of the space science and technology programs of the Department of Defense.

(B) The process for achieving the goals, including an implementation plan.

(C) The process for assessing progress made toward achieving the goals.

(3) Not later than March 15, 2004, the Under Secretary shall submit a report on the space science and technology strategy to the Committees on Armed Services of the Senate and the House of Representatives.

(b) Required Coordination.--In executing the space science and technology strategy, the directors of the research laboratories of the Department of Defense, the heads of other Department of Defense research components, and the heads of all other appropriate organizations identified jointly by the Under Secretary of the Air Force and the Director of Defense Research and Engineering--

(1) shall identify research laboratory projects that make contributions pertaining directly and uniquely to the development of space technology; and

(2) may execute the identified projects only with the concurrence of the Under Secretary of the Air Force.

(c) General Accounting Office Review.--(1) The Comptroller General shall review and assess the space science and technology strategy developed under subsection (a) and the effectiveness of the coordination process required under subsection (b).

(2) Not later than September 1, 2004, the Comptroller General shall submit a report containing the findings and assessment under paragraph (1) to the committees on Armed Services of the Senate and the House of Representatives.

(d) Definitions.--In this section:

(1) The term ``research laboratory of the Department of Defense'' means the following:

(A) The Air Force Research Laboratory.

(B) The Naval Research Laboratory.

(C) The Office of Naval Research.

(D) The Army Research Laboratory.

(2) The term ``other Department of Defense research component'' means the following:

(A) The Defense Advanced Research Projects Agency.

(B) The National Reconnaissance Office.

SEC. 912. SPACE PERSONNEL CADRE.

(a) Strategy Required.--(1) The Secretary of Defense shall develop a human capital resources strategy for space personnel of the Department of Defense.

(2) The strategy shall be designed to ensure that the space career fields of the military departments are integrated to the maximum extent practicable.

(b) Report.--Not later than February 1, 2004, the Secretary shall submit a report on the strategy to the Committees on Armed Services of the Senate and the House of Representatives. The report shall contain the following information:

(1) The strategy.

(2) An assessment of the progress made in integrating the space career fields of the military departments.

(3) A comprehensive assessment of the adequacy of the establishment of the Air Force officer career field for space under section 8084 of title 10, United States Code, as a solution for correcting deficiencies identified by the Commission To Assess United States National Security Space Management and Organization (established under section 1621 of Public Law 106-65; 113 Stat. 813; 10 U.S.C. 111 note).

(c) General Accounting Office Review.--(1) The Comptroller General shall review the strategy developed under subsection

(a) the space career fields of the military departments and the plans of the military departments for developing space career fields. The review shall include an assessment of how effective the strategy and the space career fields and plans, when implemented, are likely to be for developing the necessary cadre of personnel who are expert in space systems development and space systems operations.

(2) Not later than June 15, 2004, the Comptroller General shall submit to the Committees referred to in subsection

(a)(2) a report on the results of the review under paragraph

(1), including the assessment required by such paragraph.

SEC. 913. POLICY REGARDING ASSURED ACCESS TO SPACE FOR UNITED

STATES NATIONAL SECURITY PAYLOADS.

(a) Policy.--It is the policy of the United States for the President to undertake actions appropriate to ensure, to the maximum extent practicable, that the United States has the capabilities necessary to launch and insert United States national security payloads into space whenever such payloads are needed in space.

(b) Included Actions.--The appropriate actions referred to in subsection (a) shall include, at a minimum, providing resources and policy guidance to sustain--

(1) the availability of at least two space launch vehicles or families of space launch vehicles capable of delivering into space all payloads designated as national security payloads by the Secretary of Defense and the Director of Central Intelligence; and

(2) a robust space launch infrastructure and industrial base.

(c) Coordination.--The Secretary of Defense shall, to the maximum extent practicable, pursue the attainment of the capabilities described in subsection (a) in coordination with the Administrator of the National Space and Aeronautics Administration.

SEC. 914. PILOT PROGRAM TO PROVIDE SPACE SURVEILLANCE NETWORK

SERVICES TO ENTITIES OUTSIDE THE UNITED STATES

GOVERNMENT.

(a) Establishment.--The Secretary of Defense shall carry out a pilot program to provide eligible entities outside the Federal Government with satellite tracking services using assets owned or controlled by the Department of Defense.

(b) Eligible Entities.--The Secretary shall prescribe the requirements for eligibility to obtain services under the pilot program. The requirements shall, at a minimum, provide eligibility for the following entities:

(1) The governments of States.

(2) The governments of political subdivisions of States.

(3) United States commercial entities.

(4) The governments of foreign countries.

(5) Foreign commercial entities.

(c) Sale of Services.--Services under the pilot program may be provided by sale, except in the case of services provided to a government described in paragraph (1) or (2) of subsection (b).

(d) Contractor Intermediaries.--Services under the pilot program may be provided either directly to an eligible entity or through a contractor of the United States or a contractor of an eligible entity.

(e) Satellite Data and Related Analyses.--The services provided under the pilot program may include satellite tracking data or any analysis of satellite data if the Secretary determines that it is in the national security interests of the United States for the services to include such data or analysis, respectively.

(f) Reimbursement of Costs.--The Secretary may require an entity purchasing services under the pilot program to reimburse the Department of Defense for the costs incurred by the Department in entering into the sale.

(g) Crediting to Charged Accounts.--(1) The proceeds of a sale of services under the pilot program, together with any amounts reimbursed under subsection (f) in connection with the sale, shall be credited to the appropriation for the fiscal year in which collected that is or corresponds to the appropriation charged the costs of such services.

(2) Amounts credited to an appropriation under paragraph

(1) shall be merged with other sums in the appropriation and shall be available for the same period and the same purposes as the sums with which merged.

(h) Nontransferability Agreement.--The Secretary shall require a recipient of services under the pilot program to enter into an agreement not to transfer any data or technical information, including any analysis of satellite tracking data, to any other entity without the expressed approval of the Secretary.

(i) Prohibition Concerning Intelligence Assets or Data.--Services and information concerning, or derived from, United States intelligence assets or data may not be provided under the pilot program.

(j) Definitions.--In this section:

(1) The term ``United States commercial entity'' means an entity that is involved in commerce and is organized under laws of a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, or American Samoa.

(2) The term ``foreign commercial entity'' means an entity that is involved in commerce and is organized under laws of a foreign country.

(k) Duration of Pilot Program.--The pilot program under this section shall be conducted for three years beginning on a date designated by the Secretary of Defense, but not later than 180 days after the date of the enactment of this Act.

SEC. 915. CONTENT OF BIENNIAL GLOBAL POSITIONING SYSTEM

REPORT.

(a) Revised Content.--Paragraph (1) of section 2281(d) of title 10, United States Code, is amended--

(1) by striking subparagraph (C);

(2) in subparagraph (E), by striking ``Any progress made toward'' and inserting ``Progress and challenges in'';

(3) by striking subparagraph (F), and inserting the following:

``(F) Progress and challenges in protecting GPS from jamming, disruption, and interference.'';

(4) by redesignating subparagraphs (D), (E), and (F), as subparagraphs (C), (D), and (E), respectively; and

(5) by inserting after subparagraph (E), as so redesignated, the following new subparagraph (F):

``(F) Progress and challenges in developing the enhanced Global Positioning System required by section 218(b) of Public Law 105-261 (112 Stat. 1951; 10 U.S.C. 2281 note).''.

(b) Conforming Amendment.--Paragraph (2) of such section 2281(d) is amended by inserting ``(C),'' after ``under subparagraphs''.

Subtitle C--Other Matters

SEC. 921. COMBATANT COMMANDER INITIATIVE FUND.

(a) Redesignation of CINC Initiative Fund.--(1) The CINC Initiative Fund administered under section 166a of title 10, United States Code, is redesignated as the ``Combatant Commander Initiative Fund''.

(2) Section 166a of title 10, United States Code, is amended--

(A) by striking the heading for subsection (a) and inserting ``Combatant Commander Initiative Fund.--``; and

(B) by striking ``CINC Initiative Fund'' in subsections

(a), (c), and (d), and inserting ``Combatant Commander Initiative Fund''.

(3) Any reference to the CINC Initiative Fund in any other provision of law or in any regulation, document, record, or other paper of the United States shall be considered to be a reference to the Combatant Commander Initiative Fund.

(b) Authorized Activities.--Subsection (b) of section 166a of title 10, United States Code, is amended by adding at the end the following new paragraph:

``(10) Joint warfighting capabilities.''.

(c) Increased Maximum Amounts Authorized for Use.--Subsection (e)(1) of such section is amended--

(1) in subparagraph (A), by striking ``$7,000,000'' and inserting ``$15,000,000'';

(2) in subparagraph (B), by striking ``$1,000,000'' and inserting ``$10,000,000''; and

(3) in subparagraph (C), by striking ``$2,000,000'' and inserting ``$10,000,000''.

SEC. 922. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD

THE DEGREE OF MASTER OF OPERATIONAL STUDIES.

Section 7102(b) of title 10, United States Code, is amended--

(1) by striking ``Marine Corps War College.--'' and inserting ``Awarding of Degrees.--(1)''; and

(2) by adding at the end the following new paragraph:

``(2) Upon the recommendation of the Director and faculty of the Command and Staff College of the Marine Corps University, the President of the Marine Corps University may confer the degree of master of operational studies upon graduates of the School of Advanced Warfighting of the Command and Staff College who fulfill the requirements for that degree.''.

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

OPERATIONS COMMAND.

(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the changing roles of the United States Special Operations Command.

(b) Content of Report.--(1) The report shall specifically discuss in detail the following matters:

(A) The expanded role of the United States Special Operations Command in the global war on terrorism.

(B) The reorganization of the United States Special Operations Command to function as a supported combatant command for planning and executing operations.

(C) The role of the United States Special Operations Command as a supporting combatant command.

(2) The report shall also include, in addition to the matters discussed pursuant to paragraph (1), a discussion of the following matters:

(A) The military strategy to employ the United States Special Operations Command to fight the war on terrorism and how that strategy contributes to the overall national security strategy with regard to the global war on terrorism.

(B) The scope of the authority granted to the commander of the United States Special Operations Command to act as a supported commander and to prosecute the global war on terrorism.

(C) The operational and legal parameters within which the commander of the United States Special Operations Command is to exercise command authority in foreign countries when taking action against foreign and United States citizens engaged in terrorist activities.

(D) The decisionmaking procedures for authorizing, planning, and conducting individual missions, including procedures for consultation with Congress.

(E) The procedures for the commander of the United States Special Operations Command to use to coordinate with commanders of other combatant commands, especially geographic commands.

(F) Future organization plans and resource requirements for conducting the global counterterrorism mission.

(G) The impact of the changing role of the United States Special Operations Command on other special operations missions, including foreign internal defense, psychological operations, civil affairs, unconventional warfare, counterdrug activities, and humanitarian activities.

(c) Forms of Report.--The report shall be submitted in unclassified form and, as necessary, in classified form.

SEC. 924. INTEGRATION OF DEFENSE INTELLIGENCE, SURVEILLANCE,

AND RECONNAISSANCE CAPABILITIES

(a) Findings.--Congress makes the following findings:

(1) As part of transformation efforts within the Department of Defense, each of the Armed Forces is developing intelligence, surveillance, and reconnaissance capabilities that best support future war fighting as envisioned by the leadership of the military department concerned.

(2) Concurrently, intelligence agencies of the Department of Defense outside the military departments are developing transformation roadmaps to best support the future decisionmaking and war fighting needs of their principal customers, but are not always closely coordinating those efforts with the intelligence, surveillance, and reconnaissance development efforts of the military departments.

(3) A senior official of each military department has been designated as the integrator of intelligence, surveillance, and reconnaissance for each of the Armed Forces in such military department, but there is not currently a well-defined forum where the integrators of intelligence, surveillance, and reconnaissance capabilities for each of the Armed Forces can routinely interact with each other and with senior representatives of Department of Defense intelligence agencies, as well as with other members of the intelligence community, to ensure unity of effort and to preclude unnecessary duplication of effort.

(4) The current funding structure of a National Foreign Intelligence Program (NFIP), Joint Military Intelligence Program (JMIP), and Tactical Intelligence and Related Activities Program (TIARA) might not be the best approach for supporting the development of an intelligence, surveillance, and reconnaissance structure that is integrated to meet the national security requirements of the United States in the 21st century.

(5) The position of Under Secretary of Defense for Intelligence was established in 2002 by Public Law 107-314 in order to facilitate resolution of the challenges to achieving an integrated intelligence, surveillance, and reconnaissance structure in the Department of Defense to meet such 21st century requirements.

(b) Goal.--It shall be a goal of the Department of Defense to fully coordinate and integrate the intelligence, surveillance, and reconnaissance capabilities and developmental activities of the military departments, intelligence agencies of the Department of Defense, and relevant combatant commands as those departments, agencies, and commands transform their intelligence, surveillance, and reconnaissance systems to meet current and future needs.

(c) Requirement.--(1) The Under Secretary of Defense for Intelligence shall establish an Intelligence, Surveillance, and Reconnaissance Integration Council to provide a permanent forum for the discussion and arbitration of issues relating to the integration of intelligence, surveillance, and reconnaissance capabilities.

(2) The Council shall be composed of the senior intelligence officers of the Armed Forces and the United States Special Operations Command, the Director of Operations of the Joint Staff, and the directors of the intelligence agencies of the Department of Defense.

(3) The Under Secretary of Defense for Intelligence shall invite the participation of the Director of Central Intelligence or his representative in the proceedings of the Council.

(d) ISR Integration Roadmap.--The Under Secretary of Defense for Intelligence, in consultation with the Intelligence, Surveillance, and Reconnaissance Integration Council and the Director of Central Intelligence, shall develop a comprehensive Defense Intelligence, Surveillance, and Reconnaissance Integration Roadmap to guide the development and integration of the Department of Defense intelligence, surveillance, and reconnaissance capabilities for 15 years.

(e) Report.--(1) Not later than September 30, 2004, the Under Secretary of Defense for Intelligence shall submit to the committees of Congress specified in paragraph (2) a report on the Defense Intelligence, Surveillance, and Reconnaissance Integration Roadmap developed under subsection

(d). The report shall include the following matters:

(A) The fundamental goals established in the roadmap.

(B) An overview of the intelligence, surveillance, and reconnaissance integration activities of the military departments and the intelligence agencies of the Department of Defense.

(C) An investment strategy for achieving--

(i) an integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities that ensures sustainment of needed tactical and operational efforts; and

(ii) efficient investment in new intelligence, surveillance, and reconnaissance capabilities.

(D) A discussion of how intelligence gathered and analyzed by the Department of Defense can enhance the role of the Department of Defense in fulfilling its homeland security responsibilities.

(E) A discussion of how counterintelligence activities of the Armed Forces and the Department of Defense intelligence agencies can be better integrated.

(F) Recommendations on how annual funding authorizations and appropriations can be optimally structured to best support the development of a fully integrated Department of Defense intelligence, surveillance, and reconnaissance architecture.

(2) The committees of Congress referred to in paragraph (1) are as follows:

(A) The Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate.

(B) The Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

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

MARIANA ISLANDS.

(a) Establishment.--The Secretary of Defense may cooperate with the Governor of the Northern Mariana Islands to establish the National Guard of the Northern Mariana Islands, and may integrate into the Army National Guard of the United States and the Air National Guard of the United States the members of the National Guard of the Northern Mariana Islands who are granted Federal recognition under title 32, United States Code.

(b) Amendments to Title 10.--(1) Section 101 of title 10, United States Code, is amended--

(A) in subsection (c), by inserting ``the Northern Mariana Islands,'' after ``Puerto Rico,'' in paragraphs (2) and (4); and

(B) in subsection (d)(5), by inserting ``the Commonwealth of the Northern Mariana Islands,'' after ``the Commonwealth of Puerto Rico,''.

(2) Section 10001 of such title is amended by inserting

``the Commonwealth of the Northern Mariana Islands,'' after

``the Commonwealth of Puerto Rico,''.

(c) Amendments to Title 32.--Title 32, United States Code, is amended as follows:

(1) Section 101 is amended--

(A) in paragraphs (4) and (6), by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico''; and

(B) in paragraph (19), by inserting ``the Commonwealth of the Northern Mariana Islands,'' after ``the Commonwealth of Puerto Rico,''.

(2) Section 103 is amended by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico''.

(3) Section 104 is amended--

(A) in subsection (a), by striking ``and Puerto Rico'' and inserting ``, Puerto Rico, and the Northern Mariana Islands''; and

(B) in subsections (c) and (d), by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico''.

(4) Section 107(b) is amended by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico''.

(5) Section 109 is amended by inserting ``the Northern Mariana Islands'' in subsections (a), (b), and (c) after

``Puerto Rico,''.

(6) Section 112(i)(3) is amended by inserting ``the Commonwealth of the Northern Mariana Islands,'' after ``the Commonwealth of Puerto Rico,''.

(7) Section 304 is amended by inserting ``, the Northern Mariana Islands,'' after ``or of Puerto Rico'' in the sentence following the oath.

(8) Section 314 is amended by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico'' in subsections (a) and (d).

(9) Section 315 is amended by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico'' each place it appears.

(10) Section 325(a) is amended by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico''.

(11) Section 501(b) is amended by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico''.

(12) Section 503(b) is amended by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico''.

(13) Section 504(b) is amended by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico''.

(14) Section 505 is amended by inserting ``or the Northern Mariana Islands,'' after ``Puerto Rico,'' in the first sentence.

(15) Section 509(l)(1) is amended by inserting ``the Commonwealth of the Northern Mariana Islands,'' after ``the Commonwealth of Puerto Rico,''.

(16) Section 702 is amended--

(A) in subsection (a), by inserting ``, or the Northern Mariana Islands,'' after ``Puerto Rico''; and

(B) in subsections (b), (c), and (d), by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico''.

(17) Section 703 is amended by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico'' in subsections (a) and (b).

(18) Section 704 is amended by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico'' in subsections (a) and (b).

(19) Section 708 is amended--

(A) in subsection (a), by striking ``and Puerto Rico,'' and inserting ``Puerto Rico, and the Northern Mariana Islands,''; and

(B) in subsection (d), by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico''.

(20) Section 710 is amended by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico'' each place it appears in subsections (c), (d)(3), (e), and (f)(1).

(21) Section 711 is amended by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico''.

(22) Section 712(1) is amended by inserting ``, the Northern Mariana Islands,'' after ``Puerto Rico''.

(23) Section 715(c) is amended by striking ``or the District of Columbia or Puerto Rico,'' and inserting ``, the District of Columbia, Puerto Rico, or the Northern Mariana Islands''.

(d) Amendments to Title 37.--Section 101 of title 37, United States Code, is amended by striking ``the Canal Zone,'' in paragraphs (7) and (9) and inserting ``the Northern Mariana Islands,''.

(e) Other References.--Any reference that is made in any other provision of law or in any regulation of the United States to a State, or to the Governor of a State, in relation to the National Guard (as defined in section 101(3) of title 32, United States Code) shall be considered to include a reference to the Commonwealth of the Northern Mariana Islands or to the Governor of the Northern Mariana Islands, respectively.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--(1) Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2004 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2) The total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $3,000,000,000.

(b) Limitations.--The authority provided by this section to transfer authorizations--

(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

(2) may not be used to provide authority for an item that has been denied authorization by Congress.

(c) Effect on Authorization Amounts.--A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

(d) Notice to Congress.--The Secretary shall promptly notify Congress of each transfer made under subsection (a).

SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED

BUDGETS IN FISCAL YEAR 2004.

(a) Fiscal Year 2004 Limitation.--The total amount contributed by the Secretary of Defense in fiscal year 2004 for the common-funded budgets of NATO may be any amount up to, but not in excess of, the amount specified in subsection

(b) (rather than the maximum amount that would otherwise be applicable to those contributions under the fiscal year 1998 baseline limitation).

(b) Total Amount.--The amount of the limitation applicable under subsection (a) is the sum of the following:

(1) The amounts of unexpended balances, as of the end of fiscal year 2003, of funds appropriated for fiscal years before fiscal year 2004 for payments for those budgets.

(2) The amount specified in subsection (c)(1).

(3) The amount specified in subsection (c)(2).

(4) The total amount of the contributions authorized to be made under section 2501.

(c) Authorized Amounts.--Amounts authorized to be appropriated by titles II and III of this Act are available for contributions for the common-funded budgets of NATO as follows:

(1) Of the amount provided in section 201(1), $853,000 for the Civil Budget.

(2) Of the amount provided in section 301(1), $207,125,000 for the Military Budget.

(d) Definitions.--For purposes of this section:

(1) Common-funded budgets of nato.--The term ``common-funded budgets of NATO'' means the Military Budget, the Security Investment Program, and the Civil Budget of the North Atlantic Treaty Organization (and any successor or additional account or program of NATO).

(2) Fiscal year 1998 baseline limitation.--The term

``fiscal year 1998 baseline limitation'' means the maximum annual amount of Department of Defense contributions for common-funded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 30, 1998.

SEC. 1003. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR

FISCAL YEAR 2003.

(a) DOD and DOE Authorizations.--Amounts authorized to be appropriated to the Department of Defense and the Department of Energy for fiscal year 2003 in the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314) are hereby adjusted, with respect to any such authorized amount, by the amount by which appropriations pursuant to such authorization are increased (by a supplemental appropriation) or decreased (by a rescission), or both, or are increased by a transfer of funds, pursuant to title I of Public Law 108-11.

(b) Report on Fiscal Year 2003 Transfers.--Not later than 30 days after the end of each fiscal quarter for which unexpended balances of funds appropriated under title I of Public Law 108-11 are available for the Department of Defense, the Secretary of Defense shall submit to the congressional defense committees a report stating, for each transfer of such funds during such fiscal quarter of an amount provided for the Department of Defense through a so-called ``transfer account'', including the Iraqi Freedom Fund or any other similar account--

(1) the amount of the transfer;

(2) the appropriation account to which the transfer was made; and

(3) the specific purpose for which the transferred funds were used or are to be used.

Subtitle B--Improvement of Travel Card Management

SEC. 1011. MANDATORY DISBURSEMENT OF TRAVEL ALLOWANCES

DIRECTLY TO TRAVEL CARD CREDITORS.

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

(1) in paragraph (1), by striking ``The Secretary of Defense may require'' and inserting ``The Secretary of Defense shall require'';

(2) by redesignating paragraph (2) as paragraph (3); and

(3) by inserting after paragraph (1) the following new paragraph (2):

``(2) The Secretary of Defense may waive the requirement for a direct payment to a travel care issuer under paragraph

(1) in any case in which it is determined under regulations prescribed by the Secretary that the direct payment would be against equity and good conscience or would be contrary to the best interests of the United States.''.

SEC. 1012. DETERMINATIONS OF CREDITWORTHINESS FOR ISSUANCE OF

DEFENSE TRAVEL CARD.

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

(1) by redesignating subsections (d) and (e) as subsections

(e) and (f), respectively; and

(2) by inserting after subsection (c) the following new subsection (d):

``(d) Determinations of Creditworthiness for Issuance of Defense Travel Card.--(1) The Secretary of Defense shall require that the creditworthiness of an individual be evaluated before a Defense travel card is issued to the individual. The evaluation may include an examination of the individual's credit history in available credit records.

``(2) An individual may not be issued a Defense travel card if the individual is found not creditworthy as a result of the evaluation required under paragraph (1).''.

SEC. 1013. DISCIPLINARY ACTIONS AND ASSESSING PENALTIES FOR

MISUSE OF DEFENSE TRAVEL CARDS.

(a) Requirement for Guidance.--The Secretary of Defense shall prescribe guidelines and procedures for making determinations regarding the taking of disciplinary action, including assessment of penalties, against Department of Defense personnel for improper, fraudulent, or abusive use of Defense travel cards by such personnel.

(b) Actions Covered.--The disciplinary actions and penalties covered by the guidance and procedures prescribed under subsection (a) may include the following:

(1) Civil actions for false claims under sections 3729 through 3731 of title 31, United States Code.

(2) Administrative remedies for false claims and statements provided under chapter 38 of title 31, United States Code.

(3) In the case of civilian personnel, adverse personnel actions under chapter 75 of title 5, United States Code, and any other disciplinary actions available under law for employees of the United States.

(4) In the case of members of the Armed Forces, disciplinary actions and penalties under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

(c) Report.--Not later than February 1, 2004, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the guidelines and penalties prescribed under subsection (a). The report shall include the following:

(1) The guidelines and penalties.

(2) A discussion of the implementation of the guidelines and penalties.

(3) A discussion of any additional administrative action, or any recommended legislation, that the Secretary considers necessary to effectively take disciplinary action against and penalize Department of Defense personnel for improper, fraudulent, or abusive use of Defense travel cards by such personnel.

(d) Defense Travel Card Defined.--In this section, the term

``Defense travel card'' has the meaning given such term in section 2784a(d)(1) of title 10, United States Code.

Subtitle C--Reports

SEC. 1021. ELIMINATION AND REVISION OF VARIOUS REPORTING

REQUIREMENTS APPLICABLE TO THE DEPARTMENT OF

DEFENSE.

(a) Provisions of Title 10.--Title 10, United States Code, is amended as follows:

(1) Section 128 is amended by striking subsection (d).

(2) Section 437 is amended--

(A) by striking subsection (b); and

(B) in subsection (c)--

(i) by striking ``and'' at the end of paragraph (2);

(ii) by striking the period at the end of paragraph (3) and inserting ``; and''; and

(iii) by adding at the end the following new paragraph:

``(4) a description of each corporation, partnership, and other legal entity that was established during such fiscal year.''.

(3)(A) Section 520c is amended--

(i) by striking subsection (b);

(ii) by striking ``(a) Provision of Meals and Refreshments.''; and

(iii) by striking the heading for such section and inserting the following:

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

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

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

(4) Section 986 is amended by striking subsection (e).

(5) Section 1060 is amended by striking subsection (d).

(6) Section 2212 is amended by striking subsections (d) and

(e).

(7) Section 2224 is amended by striking subsection (e).

(8) Section 2255(b) is amended--

(A) by striking paragraph (2);

(B) by striking ``(b) Exception.--(1)'' and inserting ``(b) Exception.--'';

(C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and

(D) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively.

(9) Section 2323(i) is amended by striking paragraph (3).

(10) Section 2350a is amended by striking subsection (f).

(11) Section 2350b(d) is amended--

(A) by striking paragraphs (1) and (2) and inserting the following new paragraph:

``(1) Not later than 90 days after the end of each fiscal year in which the Secretary of Defense has authority delegated as described in subsection (a), the Secretary shall submit to Congress a report on the administration of such authority under this section. The report for a fiscal year shall include the following information:

``(A) Each prime contract that the Secretary required to be awarded to a particular prime contractor during such fiscal year, and each subcontract that the Secretary required be awarded to a particular subcontractor during such fiscal year, to comply with a cooperative agreement, together with the reasons that the Secretary exercised authority to designate a particular contractor or subcontractor, as the case may be.

``(B) Each exercise of the waiver authority under subsection (c) during such fiscal year, including the particular provision or provisions of law that were waived.''; and

(B) by redesignating paragraph (3) as paragraph (2).

(12) Section 2371(h) is amended by adding at the end the following new paragraph:

``(3) No report is required under this section for fiscal years after fiscal year 2006.''.

(13) Section 2515(d) is amended--

(A) by striking ``Annual Report.--'' and inserting

``Biennial Report.--''; and

(B) in paragraph (1)--

(i) in the second sentence, by striking ``each year'' and inserting ``each even-numbered year''; and

(ii) in the third sentence, by striking ``during the fiscal year'' and inserting ``during the two fiscal years''.

(14) Section 2541d is amended--

(A) by striking subsection (b); and

(B) by striking ``(a) Report by Commercial Firms to Secretary of Defense.--''.

(15) Section 2645(d) is amended--

(A) by striking ``to Congress'' and all that follows through ``notification of the loss'' in paragraph (1) and inserting ``to Congress notification of the loss'';

(B) by striking ``loss; and'' and inserting ``loss.''; and

(C) by striking paragraph (2).

(16) Section 2680 is amended by striking subsection (e).

(17) Section 2688(e) is amended to read as follows:

``(e) Quarterly Report.--(1) Not later than 30 days after the end of each quarter of a fiscal year, the Secretary shall submit to the congressional defense committees a report on the conveyances made under subsection (a) during such fiscal quarter. The report shall include, for each such conveyance, an economic analysis (based upon accepted life-cycle costing procedures approved by the Secretary of Defense) demonstrating that--

``(A) the long-term economic benefit of the conveyance to the United States exceeds the long-term economic cost of the conveyance to the United States; and

``(B) the conveyance will reduce the long-term costs of the United States for utility services provided by the utility system concerned.

``(2) In this section, the term `congressional defense committees' means the following:

``(A) The Committee on Armed Services and the Committee on Appropriations of the Senate.

``(B) The Committee on Armed Services and the Committee on Appropriations of the House of Representatives.''.

(18) Section 2807(b) is amended by striking ``$500,000'' and inserting ``$1,000,000''.

(19) Section 2827 is amended--

(A) by striking subsection (b); and

(B) by striking ``(a) Subject to subsection (b), the Secretary'' and inserting ``The Secretary''.

(20) Section 2902(g) is amended--

(A) by striking paragraph (2); and

(B) by striking ``(g)(1)'' and inserting ``(g)''.

(21) Section 9514 is amended--

(A) in subsection (c)--

(i) by striking ``to Congress'' and all that follows through ``notification of the loss'' in paragraph (1) and inserting ``to Congress notification of the loss'';

(ii) by striking ``loss; and'' and inserting ``loss.''; and

(iii) by striking paragraph (2); and

(B) by striking subsection (f).

(b) National Defense Authorization Act for Fiscal Years 1992 and 1993.--Section 734 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1411; 10 U.S.C. 1074 note) is amended by striking subsection (c).

(c) National Defense Authorization Act for Fiscal Year 1993.--Section 324 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2367; 10 U.S.C. 2701 note) is amended--

(1) by striking subsection (b); and

(2) in subsection (a), by striking ``(a) Sense of Congress.--''.

(d) National Defense Authorization Act for Fiscal Year 1995.--Section 721 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2804; 10 U.S.C. 1074 note) is amended by striking subsection (h).

(e) National Defense Authorization Act for Fiscal Year 1997.--Section 324(c) of the National Defense Authorization Act for Fiscal Year 1997

(Public Law 104-201; 110 Stat. 2480; 10 U.S.C. 2706 note) is amended by inserting ``before 2006'' after ``submitted to Congress''.

(f) Strom Thurmond National Defense Authorization Act for Fiscal Year 1999.--The Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261) is amended--

(1) in section 745(e) (112 Stat. 2078; 10 U.S.C. 1071 note)--

(A) by striking paragraph (2); and

(B) by striking ``TRICARE.--(1) The'' and inserting

``TRICARE.--The'' ; and

(2) effective on January 1, 2004, by striking section 1223

(112 Stat. 2154; 22 U.S.C. 1928 note).

(g) National Defense Authorization Act for Fiscal Year 2000.--The National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65) is amended--

(1) by striking section 1025 (113 Stat. 748; 10 U.S.C. 113 note);

(2) in section 1039 (113 Stat. 756; 10 U.S.C. 113 note), by striking subsection (b); and

(3) in section 1201 (113 Stat. 779; 10 U.S.C. 168 note) by striking subsection (d).

(h) Department of Defense and Emergency Supplemental Appropriations for Recovery From and Response to Terrorist Attacks on the United States Act, 2002.--Section 8009 of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 (Public Law 107-117; 115 Stat. 2249) is amended by striking ``, and these obligations shall be reported to the Congress as of September 30 of each year''.

SEC. 1022. GLOBAL STRIKE PLAN.

(a) Integrated Plan for Prompt Global Strike.--The Secretary of Defense shall prescribe an integrated plan for developing, deploying, and sustaining a prompt global strike capability in the Armed Forces. The Secretary shall update the plan annually.

(b) Reports Required.--(1) Not later than April 1 of each of 2004, 2005, and 2006, the Secretary shall submit to the congressional defense committees a report on the plan prescribed under subsection (a).

(2) Each report required under paragraph (1) shall include the following:

(A) A description and assessment of the targets against which long-range strike assets might be directed and the conditions under which the assets might be used.

(B) The role of, and plans for ensuring, sustainment and modernization of current long-range strike assets, including bombers, intercontinental ballistic missiles, and submarine launched ballistic missiles.

(C) A description of the capabilities desired for advanced long-range strike assets and plans to achieve those capabilities.

(D) A description of the capabilities desired for advanced conventional munitions and the plans to achieve those capabilities.

(E) An assessment of advanced nuclear concepts that could contribute to the prompt global strike mission.

(F) An assessment of the command, control, and communications capabilities necessary to support prompt global strike capabilities.

(G) An assessment of intelligence, surveillance, and reconnaissance capabilities necessary to support prompt global strike capabilities.

(H) A description of how prompt global strike capabilities are to be integrated with theater strike capabilities.

(I) An estimated schedule for achieving the desired prompt global strike capabilities.

(J) The estimated cost of achieving the desired prompt global strike capabilities.

(K) A description of ongoing and future studies necessary for updating the plan appropriately.

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

(a) Report Required.--(1) The Secretary of Defense shall summit to the congressional defense committees, not later than March 31, 2004, a report on the conduct of military operations under Operation Iraqi Freedom.

(2) The report shall be prepared in consultation with the Chairman of the Joint Chiefs of Staff, the Commander of the United States Central Command, and such other officials as the Secretary considers appropriate.

(b) Content.--(1) The report shall include a discussion of the matters described in paragraph (2), with a particular emphasis on accomplishments and shortcomings and on near-term and long-term corrective actions to address the shortcomings.

(2) The matters to be discussed in the report are as follows:

(A) The military objectives of the international coalition conducting Operation Iraqi Freedom, the military strategy selected to achieve the objectives, and an assessment of the execution of the military strategy.

(B) The deployment process, including the adaptability of the process to unforeseen contingencies and changing requirements.

(C) The reserve component mobilization process, including the timeliness of notification, training, and subsequent demobilization.

(D) The use and performance of major items of United States military equipment, weapon systems, and munitions (including items classified under special access procedures and items drawn from prepositioned stocks) and any expected effects of the experience with the use and performance of those items on the doctrinal and tactical employment of such items and on plans for continuing the acquisition of such items.

(E) Any additional identified requirements for military equipment, weapon systems, and munitions, including mix and quantity for future contingencies.

(F) The effectiveness of joint air operations, including the doctrine for the employment of close air support in the varied environments of Operation Iraqi Freedom, and the effectiveness of attack helicopter operations.

(G) The use of special operations forces, including operational and intelligence uses.

(H) The scope of logistics support, including support from other nations.

(I) The incidents of accidental fratricide, together with a discussion of the effectiveness of the tracking of friendly forces and of the combat identification systems in mitigating friendly fire incidents.

(J) The adequacy of spectrum and bandwidth to transmit all necessary information to operational forces and assets, including unmanned aerial vehicles, ground vehicles, and individual soldiers.

(K) The effectiveness of information operations, including the effectiveness of Commando Solo and other psychological operations assets, in achieving established objectives, together with a description of technological and other restrictions on the use of psychological operations capabilities.

(L) The effectiveness of the reserve component forces used in Operation Iraqi Freedom.

(M) The adequacy of intelligence support to the warfighter before, during, and after combat operations, including the adequacy of such support to facilitate searches for weapons of mass destruction.

(N) The rapid insertion and integration, if any, of developmental but mission-essential equipment during all phases of the operation.

(O) The most critical lessons learned that could lead to long-term doctrinal, organizational, and technological changes, and the probable effects that an implementation of those changes would have on current visions, goals, and plans for transformation of the Armed Forces.

(c) Forms of Report.--The report shall be submitted in unclassified form, but may also be submitted in classified form if necessary.

SEC. 1024. REPORT ON MOBILIZATION OF THE RESERVES.

(a) Requirement for Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the mobilization of reserve component forces during fiscal years 2002 and 2003.

(b) Content.--The report under subsection (a) shall include, for the period covered by the report, the following information:

(1) The number of Reserves who were called or ordered to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code.

(2) The number of such Reserves who were called or ordered to active duty for one year or more, including any extensions on active duty.

(3) The military specialties of the Reserves counted under paragraph (2).

(4) The number of Reserves who were called or ordered to active duty more than once under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code.

(5) The military specialties of the Reserves counted under paragraph (4).

(6) The known effects on the reserve components, including the effects on recruitment and retention of personnel for the reserve components, that have resulted from--

(A) the calls and orders of Reserves to active duty; and

(B) the tempo of the service of the Reserves on the active duty to which called or ordered.

(7) The changes in the Armed Forces, including any changes in the allocation of roles and missions between the active components and the reserve components of the Armed Forces, that are envisioned by the Secretary of Defense on the basis of--

(A) the effects discussed under paragraph (6); or

(B) the experienced need for calling and ordering Reserves to active duty during the period.

(8) An assessment of how necessary it would be to call or order Reserves to active duty in the event of a war or contingency operation (as defined in section 101(a)(13) of title 10, United States Code) if such changes were implemented.

(9) On the basis of the experience of calling and ordering Reserves to active duty during the period, an assessment of the process for calling and ordering Reserves to active duty, preparing such Reserves for the active duty, processing the Reserves into the force upon entry onto active duty, and deploying the Reserves, including an assessment of the adequacy of the alert and notification process from the perspectives of the individual Reserves, reserve component units, and employers of Reserves.

Subtitle D--Other Matters

SEC. 1031. BLUE FORCES TRACKING INITIATIVE.

(a) Findings.--Congress makes the following findings:

(1) For military commanders, a principal purpose of technology is to enable the commanders to ascertain the location of the units in their commands in near real time.

(2) Each of the Armed Forces is developing and testing a variety of technologies for tracking friendly forces (known as ``blue forces'').

(3) Situational awareness of blue forces has been much improved since the 1991 Persian Gulf War, but blue forces tracking remains a complex problem characterized by information that is incomplete, not fully accurate, or untimely.

(4) Casualties in recent warfare have declined, but casualties associated with friendly fire incidents have remained relatively constant.

(5) Despite significant investment, a coordinated, interoperable plan for tracking blue forces throughout a United States or coalition forces theater of operations has not been developed.

(b) Goal.--It shall be a goal of the Department of Defense to fully coordinate the various efforts of the Joint Staff, the commanders of the combatant commands, and the military departments to develop an effective blue forces tracking system.

(c) Joint Blue Forces Tracking Experiment.--(1) The Secretary of Defense, through the Commander of the United States Joint Forces Command, shall carry out a joint experiment in fiscal year 2004 to demonstrate and evaluate available joint blue forces tracking technologies.

(2) The objectives of the experiment are as follows:

(A) To explore various options for tracking United States and other friendly forces during combat operations.

(B) To determine an optimal, achievable, and ungradable solution for the development, acquisition, and fielding of a system for tracking all United States military forces that is coordinated and interoperable and also accommodates the participation of military forces of allied nations with United States forces in combat operations.

(d) Report.--Not later than 60 days after the conclusion of the experiment under subsection (c), but not later than December 1, 2004, the Secretary shall submit to the congressional defense committees a report on the results of the experiment, together with a comprehensive plan for the development, acquisition, and fielding of a functional, near real time blue forces tracking system.

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

PROPERTY.

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

SEC. 1033. ACCEPTANCE OF GIFTS AND DONATIONS FOR ASIA-PACIFIC

CENTER FOR SECURITY STUDIES.

(a) Authorized Sources of Gifts and Donations.--Subsection

(a) of section 2611 of title 10, United States Code, is amended--

(1) in paragraph (1), by striking ``foreign gifts and donations'' and inserting ``gifts and donations from sources described in paragraph (2)'';

(2) by redesignating paragraph (2) as paragraph (3); and

(3) by inserting after paragraph (1) the following new paragraph (2):

``(2) The sources from which gifts and donations may be accepted under paragraph (1) are as follows:

``(A) A department or agency of the Federal Government.

``(B) The government of a State or of a political subdivision of a State.

``(C) The government of a foreign country.

``(D) A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.

``(E) Any source in the private sector of the United States or a foreign country.''.

(b) Conforming Amendments.--(1) The headings for subsections (a) and (f) of such section are amended by striking ``Foreign''.

(2) Subsection (c) is amended by striking ``foreign''.

(3) Subsection (f) is amended--

(A) by striking ``foreign''; and

(B) by striking ``faculty services)'' and all that follows and inserting ``faculty services).''.

(4)(A) The heading of such section is amended to read as follows:

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

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

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

SEC. 1034. PROVISION OF LIVING QUARTERS FOR CERTAIN STUDENTS

WORKING AT NATIONAL SECURITY AGENCY LABORATORY.

Section 2195 of title 10, United States Code, is amended by adding at the end the following new subsection:

``(d)(1) The Director of the National Security Agency may provide living quarters to a student in the Student Educational Employment Program or similar program (as prescribed by the Office of Personnel Management) while the student is employed at the laboratory of the Agency.

``(2) Notwithstanding section 5911(c) of title 5, living quarters may be provided under paragraph (1) without charge, or at rates or charges specified in regulations prescribed by the Director.''.

SEC. 1035. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL

SECURITY AGENCY.

(a) In General.--Subchapter II of chapter 8 of title 10, United States Code, is amended by adding at the end the following new section:

``Sec. 204. Operational files of the National Security

Agency: authority to withhold from public disclosure

``(a) Authority.--The Secretary of Defense may withhold from public disclosure operational files of the National Security Agency to the same extent that operational files may be withheld under section 701 of the National Security Act of 1947 (50 U.S.C. 431).

``(b) Operational Files Defined.--In this section, the term

`operational files' means files of the National Security Agency that document the means by which foreign intelligence or counterintelligence is collected through technical systems. Files that contain disseminated intelligence are not operational files.''.

(b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

``204. Operational files of the National Security Agency: authority to withhold from public disclosure.''.

SEC. 1036. TRANSFER OF ADMINISTRATION OF NATIONAL SECURITY

EDUCATION PROGRAM TO DIRECTOR OF CENTRAL

INTELLIGENCE.

(a) In General.--Section 802 of the David L. Boren National Security Education Act of 1991 (title VIII of Public Law 102-183; 50 U.S.C. 1902) is amended--

(1) in subsection (a), by striking ``Secretary of Defense'' and inserting ``Director of Central Intelligence''; and

(2) by striking ``Secretary'' each place it appears (other than in subsection (h)) and inserting ``Director''.

(b) Awards To Attend Foreign Language Center.--Section 802(h) of such Act (50 U.S.C. 1902(h)) is amended by inserting ``of Defense'' after ``Secretary'' each place it appears.

(c) National Security Education Board.--(1) Section 803 of such Act (50 U.S.C. 1903) is amended--

(A) in subsection (a), by striking ``Secretary of Defense'' and inserting ``Director'';

(B) in subsection (b)--

(i) in paragraph (1), by striking ``Secretary of Defense'' and inserting ``Director'';

(ii) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and

(iii) by inserting after paragraph (1), as so amended, the following new paragraph (2):

``(2) The Secretary of Defense.'';

(C) in subsection (c), by striking ``subsection (b)(6)'' and inserting ``subsection (b)(8)''; and

(D) in subsection (d), by striking ``Secretary'' each place it appears and inserting ``Director''.

(2) Section 806(d) of such Act (50 U.S.C. 1906(d)) is amended by striking ``paragraphs (1) through (7)'' and inserting ``paragraphs (2) through (8)''.

(d) Administrative Provisions.--Section 805 of such Act (50 U.S.C. 1905) is amended by striking ``Secretary'' each place it appears and inserting ``Director''.

(e) Annual Report.--Section 806 of such Act (50 U.S.C. 1906) is amended by striking ``Secretary'' each place it appears and inserting ``Director''.

(f) Audits.--Section 807 of such Act (50 U.S.C. 1907) is amended by striking ``Department of Defense'' and inserting

``Central Intelligence Agency''.

(g) Definition.--Section 808 of such Act (50 U.S.C. 1908) is amended--

(1) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and

(2) by inserting before paragraph (2) the following new paragraph (1):

``(1) The term `Director' means the Director of Central Intelligence.''.

(h) Matters Relating to National Flagship Language Initiative.--(1) Effective as if included therein as enacted by section 333(a) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2396), section 802(i)(1) of the David L. Boren National Security Education Act of 1991 is amended by striking ``Secretary'' and inserting ``Director''.

(2) Effective as if included therein as enacted by section 333(b) of the Intelligence Authorization Act for Fiscal Year 2003 (116 Stat. 2397), section 811(a) of the David L. Boren National Security Education Act of 1991 is amended by striking ``Secretary'' each place it appears and inserting

``Director''.

(i) Effect of Transfer of Administration on Service Agreements.--(1) The transfer to the Director of Central Intelligence of the administration of the National Security Education Program as a result of the amendments made by this section shall not affect the force, validity, or terms of any service agreement entered into under section 802(b) of the David L. Boren National Security Education Act of 1991 (title VIII of Public Law 102-183; 50 U.S.C. 1902(b)) before the date of the enactment of this Act that is in force as of that date, except that the Director shall administer such service agreement in lieu of the Secretary of Defense.

(2) Notwithstanding any other provision of law, the Director of Central Intelligence may, for purposes of the implementation of any service agreement referred to in paragraph (1), adopt regulations for the implementation of such service agreement that were prescribed by the Secretary of Defense under the David L. Boren National Security Education Act of 1991 before the date of the enactment of this Act.

(j) Repeal of Satisfied Requirements.--Section 802(g) of the David L. Boren National Security Education Act of 1991

(title VIII of Public Law 102-183; 50 U.S.C. 1902(g)) is amended--

(1) in paragraph (1)--

(A) by striking ``(1)''; and

(B) by striking the second sentence; and

(2) by striking paragraph (2).

(k) Technical Amendment.--Paragraph (5)(A) of section 808 of such Act, as redesignated by subsection (g)(1) of this section, is further amended by striking ``a agency'' and inserting ``an agency''.

SEC. 1037. REPORT ON USE OF UNMANNED AERIAL VEHICLES FOR

SUPPORT OF HOMELAND SECURITY MISSIONS.

(a) Requirement for Report.--Not later than April 1, 2004, the President shall submit to Congress a report on the potential uses of unmanned aerial vehicles for support of the performance of homeland security missions.

(b) Content.--The report shall, at a minimum, include the following matters:

(1) An assessment of the potential for using unmanned aerial vehicles for monitoring activities in remote areas along the northern and southern borders of the United States.

(2) An assessment of the potential for using long-endurance, land-based unmanned aerial vehicles for supporting the Coast Guard in the performance of its homeland security missions, drug interdiction missions, and other maritime missions along the approximately 95,000 miles of inland waterways in the United States.

(3) An assessment of the potential for using unmanned aerial vehicles for monitoring the safety and integrity of critical infrastructure within the territory of the United States, including the following:

(A) Oil and gas pipelines.

(B) Dams.

(C) Hydroelectric power plants.

(D) Nuclear power plants.

(E) Drinking water utilities.

(F) Long-distance power transmission lines.

(4) An assessment of the potential for using unmanned aerial vehicles for monitoring the transportation of hazardous cargo.

(5) A discussion of the safety issues involved in--

(A) the use of unmanned aerial vehicles by agencies other than the Department of Defense; and

(B) the operation of unmanned aerial vehicles over populated areas of the United States.

(6) A discussion of--

(A) the effects on privacy and civil liberties that could result from the monitoring uses of unmanned aerial vehicles operated over the territory of the United States; and

(B) any restrictions on the domestic use of unmanned aerial vehicles that should be imposed, or any other actions that should be taken, to prevent any adverse effect of such a use of unmanned aerial vehicles on privacy or civil liberties.

(7) A discussion of what, if any, legislation and organizational changes may be necessary to accommodate the use of unmanned aerial vehicles of the Department of Defense in support of the performance of homeland security missions, including any amendment of section 1385 of title 18, United States Code (popularly referred to as the ``Posse Comitatus Act'').

(8) An evaluation of the capabilities of manufacturers of unmanned aerial vehicles to produce such vehicles at higher rates if necessary to meet any increased requirements for homeland security and homeland defense missions.

(c) Referral to Committees.--The report under subsection

(a) shall be referred--

(1) upon receipt in the Senate, to the Committee on Armed Services of the Senate; and

(2) upon receipt in the House of Representatives, to the Committee on Armed Services of the House of Representatives.

SEC. 1038. CONVEYANCE OF SURPLUS T-37 AIRCRAFT TO AIR FORCE

AVIATION HERITAGE FOUNDATION, INCORPORATED.

(a) Authority.--The Secretary of the Air Force may convey, without consideration, to the Air Force Aviation Heritage Foundation, Incorporated, of Georgia (in this section referred to as the ``Foundation''), all right, title, and interest of the United States in and to one surplus T-37

``Tweet'' aircraft. The conveyance shall be made by means of a conditional deed of gift.

(b) Condition of Aircraft.--The Secretary may not convey ownership of the aircraft under subsection (a) until the Secretary determines that the Foundation has altered the aircraft in such manner as the Secretary determines necessary to ensure that the aircraft does not have any capability for use as a platform for launching or releasing munitions or any other combat capability that it was designed to have. The Secretary is not required to repair or alter the condition of the aircraft before conveying ownership of the aircraft.

(c) Conditions for Conveyance.--(1) The conveyance of a T-37 aircraft under this section shall be subject to the following conditions:

(A) That the Foundation not convey any ownership interest in, or transfer possession of, the aircraft to any other party without the prior approval of the Secretary of the Air Force.

(B) That the operation and maintenance of the aircraft comply with all applicable limitations and maintenance requirements imposed by the Administrator of the Federal Aviation Administration.

(C) That if the Secretary of the Air Force determines at any time that the Foundation has conveyed an ownership interest in, or transferred possession of, the aircraft to any other party without the prior approval of the Secretary, or has failed to comply with the condition set forth in subparagraph (B), all right, title, and interest in and to the aircraft, including any repair or alteration of the aircraft, shall revert to the United States, and the United States shall have the right of immediate possession of the aircraft.

(2) The Secretary shall include the conditions under paragraph (1) in the instrument of conveyance of the T-37 aircraft.

(d) Conveyance at No Cost to the United States.--Any conveyance of a T-37 aircraft under this section shall be made at no cost to the United States. Any costs associated with such conveyance, costs of determining compliance by the Foundation with the conditions in subsection (b), and costs of operation and maintenance of the aircraft conveyed shall be borne by the Foundation.

(e) Additional Terms and Conditions.--The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

(f) Clarification of Liability.--Notwithstanding any other provision of law, upon the conveyance of ownership of a T-37 aircraft to the Foundation under subsection (a), the United States shall not be liable for any death, injury, loss, or damage that results from any use of that aircraft by any person other than the United States.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

SEC. 1101. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT

THE WESTERN HEMISPHERE INSTITUTE FOR SECURITY

COOPERATION.

Section 1595(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:

``(6) The Western Hemisphere Institute for Security Cooperation.''.

SEC. 1102. PAY AUTHORITY FOR CRITICAL POSITIONS.

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

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

``(a) Authority Generally.--(1) When the Secretary of Defense seeks a grant of authority under section 5377 of title 5 for critical pay for one or more positions within the Department of Defense, the Director of the Office of Management and Budget may fix the rate of basic pay, notwithstanding sections 5377(d)(2) and 5307 of such title, at any rate up to the salary set in accordance with section 104 of title 3.

``(2) Notwithstanding section 5307 of title 5, no allowance, differential, bonus, award, or similar cash payment may be paid to any employee receiving critical pay at a rate fixed under paragraph (1), in any calendar year if, or to the extent that, the employee's total annual compensation will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3.

``(b) Temporary Streamlined Critical Pay Authority.--(1) The Secretary of Defense may establish, fix the compensation of, and appoint persons to positions designated as critical administrative, technical, or professional positions needed to carry out the functions of the Department of Defense, subject to paragraph (2).

``(2) The authority under paragraph (1) may be exercised with respect to a position only if--

``(A) the position--

``(i) requires expertise of an extremely high level in an administrative, technical, or professional field; and

``(ii) is critical to the successful accomplishment of an important mission by the Department of Defense;

``(B) the exercise of the authority is necessary to recruit or retain a person exceptionally well qualified for the position;

``(C) the number of all positions covered by the exercise of the authority does not exceed 40 at any one time;

``(D) in the case of a position designated as a critical administrative, technical, or professional position by an official other than the Secretary of Defense, the designation is approved by the Secretary;

``(E) the term of appointment to the position is limited to not more than four years;

``(F) the appointee to the position was not a Department of Defense employee before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2004;

``(G) the total annual compensation for the appointee to the position does not exceed the highest total annual compensation payable at the rate determined under section 104 of title 3; and

``(H) the position is excluded from collective bargaining units.

``(3) The authority under this subsection may be exercised without regard to--

``(A) subsection (a);

``(B) the provisions of title 5 governing appointments in the competitive service or the Senior Executive Service; and

``(C) chapters 51 and 53 of title 5, relating to classification and pay rates.

``(4) The authority under this subsection may not be exercised after the date that is 10 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2004.

``(5) For so long as a person continues to serve without a break in service in a position to which appointed under this subsection, the expiration of authority under this subsection does not terminate the position, terminate the person's appointment in the position before the end of the term for which appointed under this subsection, or affect the compensation fixed for the person's service in the position under this subsection during such term of appointment.

``(6) Subchapter II of chapter 75 of title 5 does not apply to an employee during a term of service in a critical administrative, technical, or professional position to which the employee is appointed under this subsection.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

SEC. 1103. EXTENSION, EXPANSION, AND REVISION OF AUTHORITY

FOR EXPERIMENTAL PERSONNEL PROGRAM FOR

SCIENTIFIC AND TECHNICAL PERSONNEL.

(a) Extension of Program.--Subsection (e)(1) of section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2139; 5 U.S.C. 3104 note) is amended by striking ``October 16, 2005'' and inserting ``September 30, 2008''.

(b) Increased Limitation on Number of Appointments.--Subsection (b)(1)(A) of such section is amended by striking

``40'' and inserting ``50''.

(c) Commensurate Extension of Requirement for Annual Report.--Subsection (g) of such section is amended by striking ``2006'' and inserting ``2009''.

SEC. 1104. TRANSFER OF PERSONNEL INVESTIGATIVE FUNCTIONS AND

RELATED PERSONNEL OF THE DEPARTMENT OF DEFENSE.

(a) Transfer of Functions.--(1) With the consent of the Director of the Office of Personnel Management, the Secretary of Defense may transfer to the Office of Personnel Management the personnel security investigations functions that, as of the date of the enactment of this Act, are performed by the Defense Security Service of the Department of Defense.

(2) The Director of the Office of Personnel Management may accept a transfer of functions under paragraph (1).

(3) Any transfer of a function under this subsection is a transfer of function within the meaning of section 3503 of title 5, United States Code.

(b) Transfer of Personnel.--(1) If the Director of the Office of Personnel Management accepts a transfer of functions under subsection (a), the Secretary of Defense shall also transfer to the Office of Personnel Management, and the Director shall accept--

(A) the Defense Security Service employees who perform those functions immediately before the transfer of functions; and

(B) the Defense Security Service employees who, as of such time, are first level supervisors of employees transferred under subparagraph (A).

(2) The Secretary may also transfer to the Office of Personnel Management any Defense Security Service employees

(including higher level supervisors) who provide support services for the performance of the functions transferred under subsection (a) or for the personnel (including supervisors) transferred under paragraph (1) if the Director--

(A) determines that the transfer of such additional employees and the positions of such employees to the Office of Personnel Management is necessary in the interest of effective performance of the transferred functions; and

(B) accepts the transfer of the additional employees.

(3) In the case of an employee transferred to the Office of Personnel Management under paragraph (1) or (2), whether a full-time or part-time employee--

(A) subsections (b) and (c) of section 5362 of title 5, United States Code, relating to grade retention, shall apply to the employee, except that--

(i) the grade retention period shall be the one-year period beginning on the date of the transfer; and

(ii) paragraphs (1), (2), and (3) of such subsection (c) shall not apply to the employee; and

(B) the employee may not be separated, other than pursuant to chapter 75 of title 5, United States Code, during such one-year period.

(c) Actions After Transfer.--(1) Not later than one year after a transfer of functions to the Office of Personnel Management under subsection (a), the Secretary of Defense shall review all functions performed by personnel of the Defense Security Service at the time of the transfer and make a written determination regarding whether each such function is inherently governmental or is otherwise inappropriate for performance by contractor personnel.

(2) A function performed by Defense Security Service employees as of the date of the enactment of this Act may not be converted to contractor performance by the Director of the Office of Personnel Management until--

(A) the Secretary of Defense reviews the function in accordance with the requirements of paragraph (1) and makes a written determination that the function is not inherently governmental and is not otherwise inappropriate for contractor performance; and

(B) the Director conducts a public-private competition regarding the performance of that function in accordance with the requirements of the Office of Management and Budget Circular A-76.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

SEC. 1201. AUTHORITY TO USE FUNDS FOR PAYMENT OF COSTS OF

ATTENDANCE OF FOREIGN VISITORS UNDER REGIONAL

DEFENSE COUNTERTERRORISM FELLOWSHIP PROGRAM.

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

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

Counterterrorism Fellowship Program

``(a) Authority To Use Funds.--Under regulations prescribed by the Secretary of Defense, funds appropriated to the Department of Defense may be used to pay any costs associated with the attendance of foreign military officers, ministry of defense officials, or security officials at United States military educational institutions, regional centers, conferences, seminars, or other training programs conducted under the Regional Defense Counterterrorism Fellowship Program, including costs of transportation and travel and subsistence costs.

``(b) Limitation.--The total amount of funds used under the authority in subsection (a) in any fiscal year may not exceed

$20,000,000.

``(c) Annual Report.--Not later than December 1 of each year, the Secretary of Defense shall submit to Congress a report on the administration of this section during the fiscal year ended in such year. The report shall include the following matters:

``(1) A complete accounting of the expenditure of appropriated funds for purposes authorized under subsection

(a), including--

``(A) the countries of the foreign officers and officials for whom costs were paid; and

``(B) for each such country, the total amount of the costs paid.

``(2) The training courses attended by the foreign officers and officials, including a specification of which, if any, courses were conducted in foreign countries.

``(3) An assessment of the effectiveness of the Regional Defense Counterterrorism Fellowship Program in increasing the cooperation of the governments of foreign countries with the United States in the global war on terrorism.

``(4) A discussion of any actions being taken to improve the program.''.

(2) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

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

Fellowship Program.''.

(b) Notification of Congress.--Not later than December 1, 2003, the Secretary of Defense shall--

(1) promulgate the final regulations for carrying out section 2249c of title 10, United States Code, as added by subsection (a); and

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

SEC. 1202. AVAILABILITY OF FUNDS TO RECOGNIZE SUPERIOR

NONCOMBAT ACHIEVEMENTS OR PERFORMANCE OF

MEMBERS OF FRIENDLY FOREIGN FORCES AND OTHER

FOREIGN NATIONALS.

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

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

``(a) In General.--The Secretary of Defense may expend amounts available to the Department of Defense or the military departments for operation and maintenance for the purpose of recognizing superior noncombat achievements or performance of members of friendly foreign forces, or other foreign nationals, that significantly enhance or support the national security strategy of the United States.

``(b) Covered Achievements or Performance.--The achievements or performance that may be recognized under subsection (a) include achievements or performance that--

``(1) play a crucial role in shaping the international security environment in a manner that protects and promotes the interests of the United States;

``(2) support or enhance the United States presence overseas or support or enhance United States peacetime engagement activities such as defense cooperation initiatives, security assistance training and programs, or training and exercises with the armed forces of the United States;

``(3) help deter aggression and coercion, build coalitions, or promote regional stability; or

``(4) serve as models for appropriate conduct for military forces in emerging democracies.

``(c) Limitation on Value of Mementos.--The value of any memento procured or produced under subsection (a) may not exceed the minimal value in effect under section 7342(a)(5) of title 5.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1051 the following new item:

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

SEC. 1203. CHECK CASHING AND EXCHANGE TRANSACTIONS FOR

FOREIGN PERSONNEL IN ALLIANCE OR COALITION

FORCES.

Section 3342(b) of title 31, United States Code, is amended--

(1) by striking ``or'' at the end of paragraph (6);

(2) by striking the period at the end of paragraph (7) and inserting ``; or''; and

(3) by adding at the end the following new paragraph:

``(8) a member of the armed forces of a foreign nation who is participating in a combined operation, combined exercise, or combined humanitarian or peacekeeping mission that is carried out with armed forces of the United States pursuant to an alliance or coalition of the foreign nation with the United States if--

``(A) the senior commander of the armed forces of the United States participating in the operation, exercise, or mission has authorized the action under paragraph (1) or (2) of subsection (a);

``(B) the government of the foreign nation has guaranteed payment for any deficiency resulting from such action; and

``(C) in the case of an action on a negotiable instrument, the negotiable instrument is drawn on a financial institution located in the United States or on a foreign branch of such an institution.''.

SEC. 1204. CLARIFICATION AND EXTENSION OF AUTHORITY TO

PROVIDE ASSISTANCE FOR INTERNATIONAL

NONPROLIFERATION ACTIVITIES.

(a) Limitation on Amount of Assistance in Fiscal Year 2004.--The total amount of the assistance for fiscal year 2004 that is provided by the Secretary of Defense under section 1505 of the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 5859a), including funds used for activities of the Department of Defense in support of the United Nations Monitoring, Verification and Inspection Commission, shall not exceed $15,000,000.

(b) Extension of Authority To Provide Assistance.--Subsection (f) of section 1505 of the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by striking ``fiscal year 2003'' and inserting ``fiscal year 2004''.

(c) References to United Nations Special Commission on Iraq.--Section 1505 of the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 5859a) is further amended--

(1) in subsection (b)(2), by striking ``United Nations Special Commission on Iraq (or any successor organization)'' and inserting ``United Nations Monitoring, Verification and Inspection Commission''; and

(2) in subsection (d)(4)(A), by striking ``United Nations Special Commission on Iraq (or any successor organization)'' and inserting ``United Nations Monitoring, Verification and Inspection Commission''.

SEC. 1205. REIMBURSABLE COSTS RELATING TO NATIONAL SECURITY

CONTROLS ON SATELLITE EXPORT LICENSING.

(a) Direct Costs of Monitoring Foreign Launches of Satellites.--Section 1514(a)(1)(A) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

(Public Law 105-261; 22 U.S.C. 2778 note) is amended by striking ``The costs of such monitoring services'' in the second sentence and inserting the following: ``The Department of Defense costs that are directly related to monitoring the launch, including transportation and per diem costs,''.

(b) GAO Study.--(1) The Comptroller General shall conduct a study of the Department of Defense costs of monitoring launches of satellites in a foreign country under section 1514 of Public Law 105-261.

(2) Not later than April 1, 2004, the Comptroller General shall submit a report on the study to the Committees on Armed Services of the Senate and the House of Representatives. The report shall include the following:

(A) An assessment of the Department of Defense costs of monitoring the satellite launches described in paragraph (1).

(B) A review of the costs reimbursed to the Department of Defense by each person or entity receiving the satellite launch monitoring services, including the extent to which indirect costs have been included.

SEC. 1206. ANNUAL REPORT ON THE NATO PRAGUE CAPABILITIES

COMMITMENT AND THE NATO RESPONSE FORCE.

(a) Findings.--Congress makes the following findings:

(1) At the meeting of the North Atlantic Council held in Prague in November 2002, the heads of states and governments of the North Atlantic Treaty Organization (NATO) launched a Prague Capabilities Commitment and decided to create a NATO Response Force.

(2) The Prague Capabilities Commitment is part of the continuing NATO effort to improve and develop new military capabilities for modern warfare in a high-threat environment. As part of this commitment, individual NATO allies have made firm and specific political commitments to improve their capabilities in the areas of--

(A) chemical, biological, radiological, and nuclear defense;

(B) intelligence, surveillance, and target acquisition;

(C) air-to-ground surveillance;

(D) command, control, and communications;

(E) combat effectiveness, including precision guided munitions and suppression of enemy air defenses;

(F) strategic air and sea lift;

(G) air-to-air refueling; and

(H) deployable combat support and combat service support units.

(3) The NATO Response Force is envisioned to be a technologically advanced, flexible, deployable, interoperable, and sustainable force that includes land, sea, and air elements ready to move quickly to wherever needed, as determined by the North Atlantic Council. The NATO Response Force is also intended to be a catalyst for focusing and promoting improvements in NATO's military capabilities. It is expected to have initial operational capability by October 2004, and full operational capability by October 2006.

(b) Annual Report.--(1) Not later than January 31 of each year, the Secretary of Defense shall submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and International Relations of the House of Representatives a report, to be prepared in consultation with the Secretary of State, on implementation of the Prague Capabilities Commitment and development of the NATO Response Force by the member nations of NATO. The report shall include the following matters:

(A) A description of the actions taken by NATO as a whole and by each member nation of NATO other than the United States to further the Prague Capabilities Commitment, including any actions taken to improve capability shortfalls in the areas identified for improvement.

(B) A description of the actions taken by NATO as a whole and by each member nation of NATO, including the United States, to create the NATO Response Force.

(C) A discussion of the relationship between NATO's efforts to improve capabilities through the Prague Capabilities Commitment and those of the European Union to enhance European capabilities through the European Capabilities Action Plan, including the extent to which they are mutually reinforcing.

(2) The report shall be submitted in unclassified form, but may also be submitted in classified form if necessary.

SEC. 1207. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE

ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES.

(a) General Extension of Authority.--Section 1033 of the National Defense Authorization Act for Fiscal Year 1998

(Public Law 105-85; 111 Stat. 1881), as amended by section 1021 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-255), is further amended--

(1) in subsection (a)--

(A) by inserting after ``subsection (f),'' the following:

``during fiscal years 1998 through 2006 in the case of the foreign governments named in paragraphs (1) and (2) of subsection (b), and fiscal years 2004 through 2006 in the case of the foreign governments named in paragraphs (3) through (9) of subsection (b),''; and

(B) by striking ``either or both'' and inserting ``any''; and

(2) in subsection (b)--

(A) in paragraph (1), by striking ``, for fiscal years 1998 through 2002''; and

(B) in paragraph (2), by striking ``, for fiscal years 1998 through 2006''.

(b) Additional Governments Eligible To Receive Support.--Subsection (b) of such section 1033 is further amended by adding at the end the following new paragraphs:

``(3) The Government of Afghanistan.

``(4) The Government of Bolivia.

``(5) The Government of Ecuador.

``(6) The Government of Pakistan.

``(7) The Government of Tajikistan.

``(8) The Government of Turkmenistan.

``(9) The Government of Uzbekistan.''.

(c) Types of Support.--Subsection (c) of such section 1033 is amended--

(1) in paragraph (2), by striking ``riverine''; and

(2) in paragraph (3), by inserting ``or upgrade'' after

``maintenance and repair''.

(d) Maximum Annual Amount of Support.--Subsection (e)(2) of such section 1033, as amended by such section 1021, is further amended by striking ``$20,000,000 during any of the fiscal years 1999 through 2006'' and inserting ``$20,000,000 during any of fiscal years 1999 through 2003, or $40,000,000 during any of fiscal years 2004 through 2006''.

(e) Counter-Drug Plan.--(1) Subsection (h) of such section 1033 is amended--

(A) in the subsection caption, by striking ``Riverine'';

(B) in the matter preceding paragraph (1)--

(i) by inserting ``in the case of the governments named in paragraphs (1) and (2) of subsection (b) and for fiscal year 2004 in the case of the governments named in paragraphs (3) through (9) of subsection (b)''; and

(ii) by striking ``riverine''; and

(C) by striking ``riverine'' each place it appears in paragraphs (2), (7), (8), and (9).

(2) Subsection (f)(2)(A) of such section 1033 is amended by striking ``riverine''.

(f) Clerical Amendment.--The heading for such section 1033 is amended by striking ``PERU AND COLOMBIA'' and inserting

``OTHER COUNTRIES''. SEC. 1208. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND

COUNTERTERRORISM CAMPAIGN IN COLOMBIA.

(a) Authority.--(1) In fiscal years 2004 and 2005, the Secretary of Defense may use funds available for assistance to the Government of Colombia to support a unified campaign against narcotics trafficking and against activities by organizations designated as terrorist organizations such as the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), and the United Self-Defense Forces of Colombia (AUC).

(2) The authority to provide assistance for a campaign under this subsection includes authority to take actions to protect human health and welfare in emergency circumstances, including the undertaking of rescue operations.

(b) Applicability of Certain Laws and Limitations.--The use of funds pursuant to the authority in subsection (a) shall be subject to the following:

(1) Sections 556, 567, and 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2160, 2165, and 2166).

(2) Section 8093 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107-117; 115 Stat. 2267).

(3) The numerical limitations on the number of United States military personnel and United States individual civilian contractors in section 3204(b)(1) of the Emergency Supplemental Act, 2000 (division B of Public Law 106-246; 114 Stat. 575).

(c) Limitation on Participation of United States Personnel.--No United States Armed Forces personnel or United States civilian contractor personnel employed by the United States may participate in any combat operation in connection with assistance using funds pursuant to the authority in subsection (a), except for the purpose of acting in self defense or of rescuing any United States citizen (including any United States Armed Forces personnel, United States civilian employee, or civilian contractor employed by the United States).

(d) Construction with Other Authority.--The authority in subsection (a) to use funds to provide assistance to the Government of Colombia is in addition to any other authority in law to provide assistance to the Government of Colombia.

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

SOVIET UNION

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION

PROGRAMS AND FUNDS.

(a) Specification of CTR Programs.--For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).

(b) Fiscal Year 2004 Cooperative Threat Reduction Funds Defined.--As used in this title, the term ``fiscal year 2004 Cooperative Threat Reduction funds'' means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs.

(c) Availability of Funds.--Funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs shall be available for obligation for three fiscal years.

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $450,800,000 authorized to be appropriated to the Department of Defense for fiscal year 2004 in section 301(22) for Cooperative Threat Reduction programs, not more than the following amounts may be obligated for the purposes specified:

(1) For strategic offensive arms elimination in Russia,

$57,600,000.

(2) For strategic nuclear arms elimination in Ukraine,

$3,900,000.

(3) For nuclear weapons transportation security in Russia,

$23,200,000.

(4) For weapons storage security in Russia, $48,000,000.

(5) For weapons of mass destruction proliferation prevention activities in the states of the former Soviet Union, $39,400,000.

(6) For chemical weapons destruction in Russia,

$200,300,000.

(7) For biological weapons proliferation prevention activities in the former Soviet Union, $54,200,000.

(8) For defense and military contacts, $11,000,000.

(9) For activities designated as Other Assessments/Administrative Support, $13,100,000.

(b) Report on Obligation or Expenditure of Funds for Other Purposes.--No fiscal year 2004 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than a purpose listed in paragraphs (1) through (9) of subsection

(a) until 30 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2004 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law.

(c) Limited Authority To Vary Individual Amounts.--(1) Subject to paragraphs (2) and (3), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2004 for a purpose listed in any of the paragraphs in subsection (a) in excess of the amount specifically authorized for such purpose.

(2) An obligation of funds for a purpose stated in any of the paragraphs in subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after--

(A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; and

(B) 15 days have elapsed following the date of the notification.

(3) The Secretary may not, under the authority provided in paragraph (1), obligate amounts for a purpose stated in any of paragraphs (6) through (9) of subsection (a) in excess of 125 percent of the specific amount authorized for such purpose.

SEC. 1303. ANNUAL CERTIFICATIONS ON USE OF FACILITIES BEING

CONSTRUCTED FOR COOPERATIVE THREAT REDUCTION

PROJECTS OR ACTIVITIES.

(a) Certification on Use of Facilities Being Constructed.--Not later than the first Monday of February each year, the Secretary of Defense shall submit to the congressional defense committees a certification for each facility for a Cooperative Threat Reduction project or activity for which construction occurred during the preceding fiscal year on matters as follows:

(1) Whether or not such facility will be used for its intended purpose by the country in which the facility is constructed.

(2) Whether or not the country remains committed to the use of such facility for its intended purpose.

(b) Applicability.--Subsection (a) shall apply to--

(1) any facility the construction of which commences on or after the date of the enactment of this Act; and

(2) any facility the construction of which is ongoing as of that date.

SEC. 1304. AUTHORITY TO USE COOPERATIVE THREAT REDUCTION

FUNDS OUTSIDE THE FORMER SOVIET UNION.

(a) Authority.--The President may obligate and expend Cooperative Threat Reduction funds for a fiscal year, and any Cooperative Threat Reduction funds for a fiscal year before such fiscal year that remain available for obligation, for a proliferation threat reduction project or activity outside the states of the former Soviet Union if the President determines that such project or activity will--

(1) assist the United States in the resolution of a critical emerging proliferation threat; or

(2) permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals.

(b) Scope of Authority.--The authority in subsection (a) to obligate and expend funds for a project or activity includes authority to provide equipment, goods, and services for the project or activity utilizing such funds, but does not include authority to provide cash directly to the project or activity.

(c) Limitation.--The amount that may be obligated in a fiscal year under the authority in subsection (a) may not exceed $50,000,000.

(d) Additional Limitations and Requirements.--Except as otherwise provided in subsections (a) and (b), the exercise of the authority in subsection (a) shall be subject to any requirement or limitation under another provision of law as follows:

(1) Any requirement for prior notice or other reports to Congress on the use of Cooperative Threat Reduction funds or on Cooperative Threat Reduction projects or activities.

(2) Any limitation on the obligation or expenditure of Cooperative Threat Reduction funds.

(3) Any limitation on Cooperative Threat Reduction projects or activities.

SEC. 1305. ONE-YEAR EXTENSION OF INAPPLICABILITY OF CERTAIN

CONDITIONS ON USE OF FUNDS FOR CHEMICAL WEAPONS

DESTRUCTION.

Section 8144 of Public Law 107-248 (116 Stat. 1571) is amended--

(1) in subsection (a), by striking ``and 2003'' and inserting ``2003, and 2004''; and

(2) in subsection (b), by striking ``September 30, 2003'' and inserting ``September 30, 2004''.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

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

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION

PROJECTS.

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

Army: INSIDE THE UNITED STATES

------------------------------------------------------------------------

Installation or

State location Amount

------------------------------------------------------------------------

Alabama........................ Redstone Arsenal..... $5,500,000

Fort Richardson...... $10,700,000

Alaska......................... Fort Wainwright...... $138,800,000

Georgia........................ Fort Benning......... $30,000,000

Fort Stewart/Hunter $138,550,000

Army Air Field......

Fort Gordon.......... $4,350,000

Hawaii......................... Helemano Military $20,800,000

Reservation.

Schofield Barracks... $100,000,000

Kansas......................... Fort Leavenworth..... $115,000,000

Fort Riley........... $40,000,000

Kentucky....................... Fort Knox............ $13,500,000

Louisiana...................... Fort Polk............ $72,000,000

Maryland....................... Aberdeen Proving $13,000,000

Ground.

Fort Meade........... $9,600,000

New York....................... Fort Drum............ $125,500,000

North Carolina................. Fort Bragg........... $152,000,000

Oklahoma....................... Fort Sill............ $3,500,000

Texas.......................... Fort Hood............ $49,800,000

Virginia....................... Fort Myer............ $9,000,000

Washington..................... Fort Lewis........... $3,900,000

-----------------

Total.............. $1,055,500,000

------------------------------------------------------------------------

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

ARMY: OUTSIDE THE UNITED STATES

------------------------------------------------------------------------

Installation or

Country location Amount

------------------------------------------------------------------------

Italy.......................... Aviano Air Base........ $15,500,000

Livorno................ $22,000,000

Korea.......................... Camp Humphreys......... $105,000,000

Kwajalein Atoll................ Kwajalein Atoll........ $9,400,000

---------------

Total.................. $151,900,000

------------------------------------------------------------------------

(c) Unspecified Worldwide.--(1) Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(3) and amounts, not to exceed $150,000,000, provided under Public Law 107-38 (115 Stat. 220), the Secretary of the Army may acquire personal services and real property, and may provide for the operation and construction of critical infrastructure and allied systems to ensure essential governmental functions for the installation or location, and in the amount, set forth in the following table:

ARMY: UNSPECIFIED WORLDWIDE

------------------------------------------------------------------------

Location Installation Amount

------------------------------------------------------------------------

Worldwide Unspecified.......... Unspecified Worldwide.. $663,900,000

---------------

Total.................. $663,900,000

------------------------------------------------------------------------

(2) Military construction projects, including those funded in whole or in part using amounts made available under Public Law 107-38, containing national security classified information and carried out for the purpose of preventing, responding to, or countering the effects of, terrorist attacks shall comply, to the extent practical, with applicable Federal, State, and local laws and other orders regarding regulatory compliance, consultation, coordination and inspection, except that in carrying out such a project--

(A) no such compliance, consultation, coordination, or inspection may expose, endanger, or otherwise compromise national security; and

(B) any anticipated exception to such compliance, consultation, coordination or inspection shall be addressed in project documentation submitted to Congress under paragraph (3).

(3) When applicable, project documentation submitted to the congressional defense committees with respect to a military construction project described in paragraph (2) shall satisfy the requirements of section 1001 of Public Law 107-117 (115 Stat. 2326) and address any exception to compliance, consultation, coordination, or inspection anticipated under subparagraph (A) of paragraph (2).

SEC. 2102. FAMILY HOUSING.

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

ARMY: FAMILY HOUSING

----------------------------------------------------------------------------------------------------------------

State Installation or location Purpose Amount

----------------------------------------------------------------------------------------------------------------

Alaska................................ Fort Wainwright........... 140 Units................ $64,000,000

Arizona............................... Fort Huachuca............. 220 Units................ $41,000,000

Kansas................................ Fort Riley................ 72 Units................ $16,700,000

Kentucky.............................. Fort Knox................. 178 Units................ $41,000,000

New Mexico............................ White Sands Missile Range. 58 Units................ $14,600,000

Oklahoma.............................. Fort Sill................. 120 Units................ $25,373,000

Virginia.............................. Fort Lee.................. 90 Units................ $18,000,000

------------------

Total:................. $220,673,000

----------------------------------------------------------------------------------------------------------------

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

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2003, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $2,980,454,000, as follows:

(1) For military construction projects inside the United States authorized by section 2101(a), $843,500,000.

(2) For military construction projects outside the United States authorized by section 2101(b), $151,900,000.

(3) For military construction projects at unspecified worldwide locations authorized by section 2101(c),

$178,700,000.

(4) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $20,000,000.

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $122,710,000.

(6) For military family housing functions:

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities,

$409,191,000.

(B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $1,031,853,000.

(7) For the construction of phase 3 of Saddle Access Road, Pohakoula Training Facility, Hawaii, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2001 (division B of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-389)), as amended by section 2107 of this Act, $17,000,000.

(8) For the construction of phase 3 of a barracks complex, D Street, at Fort Richardson, Alaska, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1280), as amended by section 2107 of this Act, $33,000,000.

(9) For the construction of phase 3 of a barracks complex, 17th and B Streets, at Fort Lewis, Washington, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1280), $48,000,000.

(10) For the construction of phase 2 of a barracks complex, Capron Road, at Schofield Barracks, Hawaii, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2681), $49,000,000.

(11) For the construction of phase 2 of a combined arms collective training facility at Fort Riley, Kansas, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2681), $13,600,000.

(12) For the construction of phase 2 of a barracks complex, Range Road, at Fort Campbell, Kentucky, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2681), $49,000,000.

(13) For the construction of phase 2 of a maintenance complex at Fort Sill, Oklahoma, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal year 2003 (division B of Public Law 107-314; 116 Stat. 2681)

$13,000,000.

(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the sum of--

(1) the total amount authorized to be appropriated under paragraphs (1), (2), and (3) of subsection (a);

(2) $32,000,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks, Fort Stewart, Georgia);

(3) $87,000,000 (the balance of the amount authorized under section 2101(a) for construction of a Lewis and Clark instructional facility, Fort Leavenworth, Kansas);

(4) $43,000,000 (the balance of the amount authorized under section 2101(a) for the construction of a barracks complex, Wheeler-Sack Army Airfield, Fort Drum, New York); and

(5) $50,000,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex, Bastogne Drive, Fort Bragg, North Carolina).

SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2003 PROJECTS.

(a) Military Construction Projects Outside the United States.--The table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2682) is amended--

(1) by striking the item relating to Area Support Group, Bamberg, Germany;

(2) by striking the item relating to Coleman Barracks, Germany;

(3) by striking the item relating to Darmstadt, Germany;

(4) by striking the item relating to Mannheim, Germany;

(5) by striking the item relating to Schweinfurt, Germany; and

(6) by striking the amount identified as the total in the amount column and inserting ``$288,066,000''.

(b) Family Housing Outside the United States.--The table in section 2102(a) of that Act (116 Stat. 2683) is amended--

(1) by striking the item relating to Yongsan, Korea; and

(2) by striking the amount identified as the total in the amount column and inserting ``$23,852,000''.

(c) Improvements to Military Family Housing Units.--Section 2103 of that Act (116 Stat. 2683) is amended by striking

``$239,751,000'' and inserting ``$190,551,000''.

(d) Conforming Amendments.--Section 2104(a) of that Act

(116 Stat. 2683) is amended--

(1) in the matter preceding paragraph (1), by striking

``$3,104,176,000'' and inserting ``$2,985,826,000'';

(2) in paragraph (2), by striking ``$354,116,000'' and inserting ``$288,066,000''; and

(3) in paragraph (6)(A), by striking ``$282,356,000'' and inserting ``$230,056,000''.

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2003 PROJECTS.

(a) Military Construction Inside the United States.--The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2681) is amended--

(1) in the item relating to Fort Riley, Kansas, by striking

``$81,095,000'' in the amount column and inserting

``$81,495,000''; and

(2) by striking the amount identified as the total in the amount column and inserting ``$1,156,167,000''.

(b) Military Construction Outside the United States.--The table in section 2101(b) of that Act (116 Stat. 2682) is amended--

(1) by striking the item relating to Camp Castle, Korea;

(2) by striking the item relating to Camp Hovey, Korea;

(3) in the item relating to Camp Humphreys, Korea, by striking ``$36,000,000'' in the amount column and inserting

``$107,800,000'' ; and

(4) by striking the item relating to K16 Airfield, Korea.

(c) Conforming Amendment.--Section 2104(b)(4) of that Act

(116 Stat. 2684) is amended by striking ``$13,200,000'' and inserting ``$13,600,000''.

SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2002 PROJECT.

(a) Modification.--The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2002

(division B of Public Law 107-107; 115 Stat. 1281), as amended by section 2105 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2689), is further amended--

(1) in the item relating to Fort Richardson, Alaska, by striking ``$115,000,000'' in the amount column and inserting

``$117,000,000''; and

(2) by striking the amount identified as the total in the amount column and inserting ``$1,364,750,000''.

(b) Conforming Amendment.--Section 2104(b)(2) of that Act

(115 Stat. 1284) is amended by striking ``$52,000,000'' and inserting ``$54,000,000''.

SEC. 2108. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2001 PROJECT.

(a) In General.--The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2001

(division B of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-389)), as amended by section 2105 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1285), is further amended--

(1) in the item relating to Pohakoula Training Facility, Hawaii, by striking ``$32,000,000'' in the amount column and inserting ``$42,000,000''; and

(2) by striking the amount identified as the total in the amount column and inserting ``$636,374,000''.

(b) Conforming Amendment.--Section 2104(b)(7) of the Military Construction Authorization Act for Fiscal Year 2001

(114 Stat. 1654A-392) is amended by striking ``$20,000,000'' and inserting ``$30,000,000''.

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION

PROJECTS.

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

NAVY: INSIDE THE UNITED STATES

------------------------------------------------------------------------

Installation or

State location Amount

------------------------------------------------------------------------

Arizona........................ Marine Corps Air $22,230,000

Station, Yuma.

California..................... Marine Corps Base, $73,580,000

Camp Pendleton.

Naval Air Station, $34,510,000

Lemoore.

Marine Corps Air $4,740,000

Station, Miramar.

Naval Air Station, $49,240,000

North Island.

Naval Air Warfare $12,890,000

Center, China Lake...

Naval Air Warfare $9,150,000

Center, Point Mugu,

San Nicholas Island..

Naval Air Facility, $18,940,000

San Clemente Island..

Naval Postgraduate $35,550,000

School, Monterey.

Naval Station, San $42,710,000

Diego.

Marine Air Ground Task $28,390,000

Force Training

Center, Twentynine

Palms................

Connecticut.................... New London............ $3,000,000

District of Columbia........... Marine Corps Barracks. $1,550,000

Florida........................ Naval Air Station, $3,190,000

Jacksonville.

Naval Air Station, $4,830,000

Whiting Field, Milton

Naval Surface Warfare $9,550,000

Center, Coastal

Systems Station,

Panama City..........

Blount Island $115,711,000

(Jacksonville).

Georgia........................ Strategic Weapons $11,510,000

Facility Atlantic,

Kings Bay............

Hawaii......................... Fleet and Industrial $32,180,000

Supply Center, Pearl

Harbor...............

Naval Magazine, $6,320,000

Lualualei.

Naval Shipyard, Pearl $7,010,000

Harbor.

Illinois....................... Naval Training Center, $137,120,000

Great Lakes.

Maryland....................... Naval Air Warfare $24,370,000

Center, Patuxent

River................

Naval Surface Warfare $14,850,000

Center, Indian Head..

Mississippi.................... Naval Air Station, $4,570,000

Meridian.

Nevada......................... Naval Air Station, $4,700,000

Fallon.

New Jersey..................... Naval Air Warfare $20,681,000

Center, Lakehurst.

Naval Weapons Station, $123,720,000

Earle.

North Carolina................. Marine Corps Air $1,270,000

Station, Cherry Point.

Marine Corps Air $6,240,000

Station, New River...

Marine Corps Base, $29,450,000

Camp Lejeune.

Pennsylvania................... Philadelphia Foundry.. $10,200,000

Rhode Island................... Naval Station, Newport $18,690,000

Naval Undersea Warfare $10,890,000

Center, Newport......

Texas.......................... Naval Station, $7,070,000

Ingleside.

Virginia....................... Henderson Hall, $1,970,000

Arlington.

Marine Corps Combat $18,120,000

Development Command,

Quantico.............

Naval Amphibious Base, $3,810,000

Little Creek.

Naval Station, Norfolk $182,240,000

Naval Space Command $24,020,000

Center, Dahlgren.....

Norfolk Naval $17,770,000

Shipyard, Portsmouth.

Washington..................... Naval Magazine, Indian $2,240,000

Island.

Naval Submarine Base, $33,820,000

Bangor.

Strategic Weapons $6,530,000

Facility Pacific,

Bangor...............

Various Locations.............. Various Locations, $56,360,000

CONUS.

----------------

Total............... $1,287,482,000

------------------------------------------------------------------------

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

NAVY: OUTSIDE THE UNITED STATES

------------------------------------------------------------------------

Installation or

Country location Amount

------------------------------------------------------------------------

Bahrain........................ Naval Support Activity, $18,030,000

Bahrain...............

Italy.......................... Naval Support Activity, $39,020,000

La Madalena...........

Naval Air Station, $34,070,000

Sigonella.

United Kingdom................. Joint Maritime $7,070,000

Facility, St. Mawgan..

---------------

Total................ $98,190,000

------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

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

NAVY: FAMILY HOUSING

----------------------------------------------------------------------------------------------------------------

State or Country Installation or location Purpose Amount

----------------------------------------------------------------------------------------------------------------

California............................. Naval Air Station, Lemoore. 187 Units................. $41,585,000

Florida................................ Naval Air Station, 25 Units................. $3,197,000

Pensacola.................

North Carolina......................... Marine Corps Base, Camp 519 Units................. $67,781,000

Lejeune...................

Marine Corps Air Station, 339 Units................. $42,803,000

Cherry Point..............

---------------

Total................... $155,366,000

----------------------------------------------------------------------------------------------------------------

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

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2003, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,179,919,000, as follows:

(1) For military construction projects inside the United States authorized by section 2201(a), $959,702,000.

(2) For military construction projects outside the United States authorized by section 2201(b), $98,190,000.

(3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $12,334,000.

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $65,612,000.

(5) For military family housing functions:

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities,

$184,193,000.

(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $813,158,000.

(6) For construction of phase 2 of a bachelor enlisted quarters shipboard ashore at Naval Shipyard Norfolk, Virginia, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2687), $46,730,000.

(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the sum of--

(1) the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a);

(2) $25,690,000 (the balance of the amount authorized under section 2201(a) for the construction of a tertiary sewage treatment complex, Marine Corps Base, Camp Pendleton, California);

(3) $58,190,000 (the balance of the amount authorized under section 2201(a) for the construction of a battle station training facility, Naval Training Center, Great Lakes, Illinois);

(4) $96,980,000 (the balance of the amount authorized under section 2201(a) for replacement of a general purpose berthing pier, Naval Weapons Station, Earle, New Jersey);

(5) $118,170,000 (the balance of the amount authorized under section 2201(a) for replacement of pier 11, Naval Station, Norfolk, Virginia); and

(6) $28,750,000 (the balance of the amount authorized under section 2201(a) for the construction of an outlying landing field and facilities at a location to be determined).

SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2003 PROJECT.

(a) Termination.--The table in section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2003

(division B of Public Law 107-314; 116 Stat. 2687) is amended--

(1) by striking the item relating to Naval Air Station, Keflavik, Iceland; and

(2) by striking the amount identified as the total in the amount column and inserting ``$135,900,000''.

(b) Conforming Amendments.--Section 2204(a) of that Act

(116 Stat. 2688) is amended--

(1) in the matter preceding paragraph (1), by striking

``$2,576,381,000'' and inserting ``$2,561,461,000''; and

(2) in paragraph (2), by striking ``$148,250,000'' and inserting ``$133,330,000''.

TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

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

AIR FORCE: INSIDE THE UNITED STATES

------------------------------------------------------------------------

Installation or

State location Amount

------------------------------------------------------------------------

Alabama........................ Maxwell Air Force Base. $13,400,000

Alaska......................... Eielson Air Force Base. $48,774,000

Elmendorf Air Force $2,000,000

Base.

Arizona........................ Davis-Monthan Air Force $9,864,000

Base.

Luke Air Force Base.... $14,300,000

Arkansas....................... Little Rock Air Force $7,372,000

Base.

California..................... Beale Air Force Base... $22,300,000

Edwards Air Force Base. $19,060,000

Los Angeles Air Force $5,000,000

Base.

Vandenberg Air Force $16,500,000

Base.

Colorado....................... Buckley Air Force Base. $6,957,000

Peterson Air Force Base $10,200,000

Delaware....................... Dover Air Force Base... $8,500,000

District of Columbia........... Bolling Air Force Base. $9,300,000

Florida........................ Hurlburt Field......... $27,200,000

Patrick Air Force Base. $8,800,000

Tyndall Air Force Base. $6,195,000

Georgia........................ Moody Air Force Base... $7,600,000

Robins Air Force Base.. $28,685,000

Hawaii......................... Hickam Air Force Base.. $78,276,000

Idaho.......................... Mountain Home Air Force $15,137,000

Base.

Illinois....................... Scott Air Force Base... $1,900,000

Mississippi.................... Columbus Air Force Base $5,500,000

Keesler Air Force Base. $2,900,000

Nevada......................... Nellis Air Force Base.. $11,800,000

New Jersey..................... McGuire Air Force Base. $11,627,000

New Mexico..................... Cannon Air Force Base.. $9,000,000

Kirtland Air Force Base $6,957,000

Tularosa Radar Test $3,600,000

Site.

North Carolina................. Pope Air Force Base.... $24,015,000

Seymour Johnson Air $22,430,000

Force Base.

North Dakota................... Minot Air Force Base... $12,550,000

Ohio........................... Wright-Patterson Air $10,500,000

Force Base.

Oklahoma....................... Altus Air Force Base... $1,144,000

Tinker Air Force Base.. $25,560,000

Vance Air Force Base... $15,000,000

South Carolina................. Charleston Air Force $8,863,000

Base.

Shaw Air Force Base.... $8,500,000

South Dakota................... Ellsworth Air Force $9,300,000

Base.

Texas.......................... Goodfellow Air Force $19,970,000

Base.

Lackland Air Force Base $64,926,000

Randolph Air Force Base $13,600,000

Sheppard Air Force Base $28,590,000

Utah........................... Hill Air Force Base.... $21,711,000

Virginia....................... Langley Air Force Base. $24,969,000

Washington..................... McChord Air Force Base. $19,000,000

Wyoming........................ F.E. Warren Air Force $10,000,000

Base.

---------------

Total.................. $740,909,000

------------------------------------------------------------------------

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

AIR FORCE: OUTSIDE THE UNITED STATES

------------------------------------------------------------------------

Installation or

Country location Amount

------------------------------------------------------------------------

Germany........................ Ramstein Air Base...... $35,616,000

Spangdahlem Air Base... $5,411,000

Italy.......................... Aviano Air Base........ $14,025,000

Korea.......................... Kunsan Air Base........ $7,059,000

Osan Air Base.......... $16,638,000

Portugal....................... Lajes Field, Azores.... $4,086,000

United Kingdom................. Royal Air Force, $42,487,000

Lakenheath.

Royal Air Force, $10,558,000

Mildenhall.

Wake Island.................... Wake Island............ $24,000,000

---------------

Total................ $159,880,000

------------------------------------------------------------------------

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

AIR FORCE: UNSPECIFIED WORLDWIDE

------------------------------------------------------------------------

Installation or

Location location Amount

------------------------------------------------------------------------

Unspecified Worldwide.......... Classified Location.... $28,981,000

---------------

Total................ $28,981,000

------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

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

AIR FORCE: FAMILY HOUSING

----------------------------------------------------------------------------------------------------------------

State or Country Installation or location Purpose Amount

----------------------------------------------------------------------------------------------------------------

Arizona................................ Davis-Monthan Air Force 93 Units................. $19,357,000

Base......................

California............................. Travis Air Force Base...... 56 Units................. $12,723,000

Delaware............................... Dover Air Force Base....... 112 Units................. $19,601,000

Florida................................ Eglin Air Force Base....... 279 Units................. $32,166,000

Idaho.................................. Mountain Home Air Force 186 Units................. $37,126,000

Base......................

Maryland............................... Andrews Air Force Base..... 50 Units................. $20,233,000

Missouri............................... Whiteman Air Force Base.... 100 Units................. $18,221,000

Montana................................ Malmstrom Air Force Base... 94 Units................. $19,368,000

North Carolina......................... Seymour Johnson Air Force 138 Units................. $18,336,000

Base......................

North Dakota........................... Grand Forks Air Force Base. 144 Units................. $29,550,000

Minot Air Force Base....... 200 Units................. $41,117,000

South Dakota........................... Ellsworth Air Force Base... 75 Units................. $16,240,000

Texas.................................. Dyess Air Force Base....... 116 Units................. $19,973,000

Randolph Air Force Base.... 96 Units................. $13,754,000

Korea.................................. Osan Air Base.............. 111 Units................. $44,765,000

Portugal............................... Lajes Field, Azores........ 42 Units................. $13,428,000

United Kingdom......................... Royal Air Force, Lakenheath 89 Units................. $23,640,000

---------------

Total................... $399,598,000

----------------------------------------------------------------------------------------------------------------

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

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

(a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2003, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $2,505,373,000, as follows:

(1) For military construction projects inside the United States authorized by section 2301(a), $760,332,000.

(2) For military construction projects outside the United States authorized by section 2301(b), $159,880,000.

(3) For military construction projects at unspecified worldwide locations authorized by section 2301(c),

$28,981,000.

(4) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $12,000,000.

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $74,345,000.

(6) For military housing functions:

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities,

$657,065,000.

(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $812,770,000.

(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under paragraphs

(1), (2), and (3) of subsection (a).

SEC. 2305. MODIFICATION OF FISCAL YEAR 2003 AUTHORITY

RELATING TO IMPROVEMENT OF MILITARY FAMILY

HOUSING UNITS.

(a) Modification.--Section 2303 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2693) is amended by striking ``$226,068,000'' and inserting ``$206,721,000''.

(b) Conforming Amendments.--Section 2304(a) of that Act

(116 Stat. 2693) is amended--

(1) in the matter preceding paragraph (1), by striking

``$2,633,738,000'' and inserting ``$2,614,391,000''; and

(2) in paragraph (6)(A), by striking ``$689,824,000'' and inserting ``$670,477,000''.

TITLE XXIV--DEFENSE AGENCIES

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

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

Defense Agencies: Inside the United States

------------------------------------------------------------------------

Installation or

Agency location Amount

------------------------------------------------------------------------

Defense Education Activity..... Marine Corps Base, Camp $15,259,000

Lejeune, North

Carolina..............

Defense Logistics Agency....... Defense Distribution $27,000,000

Depot, New Cumberland,

Pennsylvania..........

Eglin Air Force Base, $4,800,000

Florida...............

Eielson Air Force Base, $17,000,000

Alaska................

Hickam Air Force Base, $14,100,000

Hawaii................

Hurlburt Field, Florida $3,500,000

Langley Air Force Base, $13,000,000

Virginia..............

Laughlin Air Force $4,688,000

Base, Texas...........

McChord Air Force Base, $8,100,000

Washington............

Nellis Air Force Base, $12,800,000

Nevada................

Offutt Air Force Base, $13,400,000

Nebraska..............

National Security Agency....... Fort Meade, Maryland... $1,842,000

Special Operations Command..... Dam Neck, Virginia..... $15,281,000

Fort Benning, Georgia.. $2,100,000

Fort Bragg, North $36,300,000

Carolina.

Fort Campbell, Kentucky $7,800,000

Harrisburg $3,000,000

International Airport,

Pennsylvania..........

Hurlburt Field, Florida $6,000,000

Little Creek, Virginia. $9,000,000

MacDill Air Force Base, $25,500,000

Florida.

Tri-Care Management Activity... Naval Station, $15,714,000

Anacostia, District of

Columbia..............

Naval Submarine Base, $6,400,000

New London,

Connecticut...........

United States Air Force $21,500,000

Academy, Colorado.....

Walter Reed Medical $9,000,000

Center, District of

Columbia..............

Washington Headquarters Arlington, Virginia.... $38,086,000

Services......................

---------------

Total................ $331,170,000

------------------------------------------------------------------------

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

Defense Agencies: Outside the United States

------------------------------------------------------------------------

Installation or

Agency location Amount

------------------------------------------------------------------------

Defense Education Agency....... Grafenwoehr, Germany... $36,247,000

Heidelberg, Germany.... $3,086,000

Sigonella, Italy....... $30,234,000

Vicenza, Italy......... $16,374,000

Vilseck, Germany....... $1,773,000

Special Operations Command..... Stuttgart, Germany..... $11,400,000

Tri-Care Management Activity... Andersen Air Force $24,900,000

Base, Guam............

Grafenwoehr, Germany... $12,585,000

---------------

Total................ $136,599,000

------------------------------------------------------------------------

SEC. 2402. FAMILY HOUSING.

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

SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

SEC. 2404. ENERGY CONSERVATION PROJECTS.

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

SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2003, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $1,154,402,000, as follows:

(1) For military construction projects inside the United States authorized by section 2401(a), $331,170,000.

(2) For military construction projects outside the United States authorized by section 2401(b), $102,703,000.

(3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $16,153,000.

(4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $8,960,000.

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $59,884,000.

(6) For energy conservation projects authorized by section 2404, $69,500,000.

(7) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), $370,427,000.

(8) For military family housing functions:

(A) For planning, design, and improvement of military family housing and facilities, $350,000.

(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $49,440,000.

(C) For credit to the Department of Defense Family Housing Improvement Fund established by section 2883(a)(1) of title 10, United States Code, $300,000.

(9) For construction of the Defense Threat Reduction Center at Fort Belvoir, Virginia, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2695),

$25,700,000.

(10) For construction of phase 5 of an ammunition demilitarization facility at Pueblo Chemical Activity, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 839) and section 2407 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), $88,388,000.

(11) For construction of phase 6 of an ammunition demilitarization facility at Newport Army Depot, Indiana, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2193), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1299) and section 2406 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), $15,207,000.

(12) For construction of phase 4 of an ammunition demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002

(division B of Public Law 107-107; 115 Stat. 1298) and section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), $16,220,000.

(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the sum of--

(1) the total amount authorized to be appropriated under paragraphs (1), (2), and (3) of subsection (a);

(2) $16,265,000 (the balance of the amount authorized under section 2401(b) for the renovation and construction of an elementary and high school, Naval Station Sigonella, Italy); and

(3) $17,631,000 (the balance of the amount authorized under section 2401(b) for the construction of an elementary and middle school, Grafenwoehr, Germany).

SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2003 PROJECT.

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

SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2003 PROJECTS.

(a) Modification.--The table in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2003

(division B of Public Law 107-314; 116 Stat. 2695) is amended--

(1) in the matter relating to Department of Defense Dependent Schools--

(A) by striking ``Seoul, Korea'' in the installation or location column and inserting ``Camp Humphreys, Korea''; and

(B) by striking the item relating to Spangdahlem Air Base, Germany; and

(2) by striking the amount identified as the total in the amount column and inserting ``$205,586,000''.

(b) Conforming Amendments.--Section 2404(a) of that Act

(116 Stat. 2696) is amended--

(1) in the matter preceding paragraph (1), by striking

$1,434,795,000'' and inserting ``$1,433,798,000''; and

(2) in paragraph (2), by striking ``$206,583,000'' and inserting ``$205,586,000''.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT

PROGRAM

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION

PROJECTS.

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

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

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

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

There are authorized to be appropriated for fiscal years beginning after September 30, 2003, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), the following amounts:

(1) For the Department of the Army--

(A) for the Army National Guard of the United States,

$276,779,000; and

(B) for the Army Reserve, $74,478,000.

(2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $34,132,000.

(3) For the Department of the Air Force--

(A) for the Air National Guard of the United States,

$208,530,000; and

(B) for the Air Force Reserve, $53,912,000.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED

TO BE SPECIFIED BY LAW.

(a) Expiration of Authorizations After Three Years.--Except as provided in subsection (b), all authorizations contained in titles XXI through XXVI for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor) shall expire on the later of--

(1) October 1, 2006; or

(2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2007.

(b) Exception.--Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects, and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor) for which appropriated funds have been obligated before the later of--

(1) October 1, 2006; or

(2) the date of the enactment of an Act authorizing funds for fiscal year 2007 for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2001 PROJECTS.

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

(b) Tables.--The tables referred to in subsection (a) are as follows:

Army: Extension of 2001 Project Authorization

----------------------------------------------------------------------------------------------------------------

State Installation or location Project Amount

----------------------------------------------------------------------------------------------------------------

South Carolina........................ Fort Jackson............. New Construction--Family $250,000

Housing (1 Unit)............

----------------------------------------------------------------------------------------------------------------

Navy: Extension of 2001 Project Authorization

----------------------------------------------------------------------------------------------------------------

State Installation or location Project Amount

----------------------------------------------------------------------------------------------------------------

Pennsylvania.......................... Naval Surface Warfare Gas Turbine Test Facility.... $10,680,000

Center Shipyard Systems

Engineering Station,

Philadelphia............

----------------------------------------------------------------------------------------------------------------

Defense Agencies: Extension of 2001 Project Authorizations

----------------------------------------------------------------------------------------------------------------

State or country Installation or location Project Amount

----------------------------------------------------------------------------------------------------------------

Defense Education Activity............ Seoul, Korea............. Elementary School Full Day $2,317,000

Kindergarten Classroom

Addition....................

Taegu, Korea............. Elementary/High School Full $762,000

Day Kindergarten Classroom

Addition....................

----------------------------------------------------------------------------------------------------------------

Army National Guard: Extension of 2001 Project Authorizations

----------------------------------------------------------------------------------------------------------------

State Installation or location Project Amount

----------------------------------------------------------------------------------------------------------------

Arizona............................... Papago Park.............. Add/Alter Readiness Center... $2,265,000

Pennsylvania Mansfield................ Readiness Center............. $3,100,000

----------------------------------------------------------------------------------------------------------------

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2000 PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2000

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

(b) Tables.--The table referred to in subsection (a) is as follows:

Air Force: Extension of 2000 Project Authorization

----------------------------------------------------------------------------------------------------------------

State Installation or location Project Amount

----------------------------------------------------------------------------------------------------------------

Oklahoma.............................. Tinker Air Force Base.... Replace Family Housing (41 $6,000,000

Units)......................

----------------------------------------------------------------------------------------------------------------

Army National Guard: Extension of 2000 Project Authorization

----------------------------------------------------------------------------------------------------------------

State Installation or location Project Amount

----------------------------------------------------------------------------------------------------------------

Virginia.............................. Fort Pickett............. Multi-purpose Range-Heavy.... $13,500,000

----------------------------------------------------------------------------------------------------------------

SEC. 2704. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act shall take effect on the later of--

(1) October 1, 2003; or

(2) the date of the enactment of this Act.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing

Changes

SEC. 2801. MODIFICATION OF GENERAL DEFINITIONS RELATING TO

MILITARY CONSTRUCTION.

(a) Military Construction.--Subsection (a) of section 2801 of title 10, United States Code, is amended by inserting before the period the following: ``, whether to satisfy temporary or permanent requirements''.

(b) Military Installation.--Subsection (c)(2) of such section is amended by inserting before the period the following: ``, without regard to the duration of operational control''.

SEC. 2802. INCREASE IN NUMBER OF FAMILY HOUSING UNITS IN

ITALY AUTHORIZED FOR LEASE BY THE NAVY.

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

Subtitle B--Real Property and Facilities Administration

SEC. 2811. INCREASE IN THRESHOLD FOR REPORTS TO CONGRESS ON

REAL PROPERTY TRANSACTIONS.

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

``$750,000''.

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

(a) Easements for Rights-of-Way.--Section 2668 of title 10, United States Code, is amended--

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following new subsection (e):

``(e) Subsection (c) of section 2667 of this title shall apply with respect to in-kind consideration received by the Secretary of a military department in connection with an easement granted under this section in the same manner as such subsection applies to in-kind consideration received pursuant to leases entered into by that Secretary under such section.''.

(b) Easements for Utility Lines.--Section 2669 of such title is amended--

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following new subsection (e):

``(e) Subsection (c) of section 2667 of this title shall apply with respect to in-kind consideration received by the Secretary of a military department in connection with an easement granted under this section in the same manner as such subsection applies to in-kind consideration received pursuant to leases entered into by that Secretary under such section.''.

SEC. 2813. EXPANSION TO MILITARY UNACCOMPANIED HOUSING OF

AUTHORITY TO TRANSFER PROPERTY AT MILITARY

INSTALLATIONS TO BE CLOSED IN EXCHANGE FOR

MILITARY HOUSING.

Section 2905(f)(1) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--

(1) by inserting ``unaccompanied members of the Armed Forces or'' before ``members of the Armed Forces and their dependents''; and

(2) by striking ``Family'' in the subsection heading.

SEC. 2814. EXEMPTION FROM SCREENING AND USE REQUIREMENTS

UNDER MCKINNEY-VENTO HOMELESS ASSISTANCE ACT OF

DEPARTMENT OF DEFENSE PROPERTY IN EMERGENCY

SUPPORT OF HOMELAND SECURITY.

Section 501 of the McKinney-Vento Homeless Assistance Act

(42 U.S.C. 11411) is amended--

(1) by redesignating subsection (i) as subsection (j); and

(2) by inserting after subsection (h) the following new subsection (i):

``(i) Applicability to Department of Defense Property in Emergency Support of Homeland Security.--The provisions of this section shall not apply to a building or property under the jurisdiction of the Department of Defense that the Secretary of Defense determines should be made available for use by a State or local government, or private entity, on a temporary basis, for emergency activities in support of homeland security.''.

Subtitle C--Land Conveyances

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

TENNESSEE.

(a) Conveyance Authorized.--The Secretary of the Army may convey to the State of Tennessee, all right, title, and interest of the United States in and to a parcel of real property (right-of-way), including improvements thereon, located at Fort Campbell, Kentucky and Tennessee, for the purpose of realigning and upgrading United States Highway 79 from a 2-lane highway to a 4-lane highway.

(b) Consideration.--

(1) Payment.--As consideration for the conveyance of the right-of-way parcel to be conveyed by subsection (a), the State of Tennessee shall pay from any source (including Federal funds made available to the State from the Highway Trust Fund) all of the Secretary's costs associated with the following:

(A) Costs of conveyance.--The conveyance of the right-of-way parcel, including the preparation of documents under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), surveys (including surveys under subsection (c)), appraisals, cultural reviews, administrative expenses, cemetery relocation, and other expenses necessary to transfer the property.

(B) Acquisition of replacement land.--The acquisition of approximately 200 acres of mission-essential replacement land required to support the training mission at Fort Campbell.

(C) Disposal of residual property.--The disposal of residual land located south of the realigned highway.

(2) Acceptance and credit.--The Secretary may accept funds under this subsection from the Federal Highway Administration or the State of Tennessee to pay the costs described in paragraph (1) and shall credit the funds to the appropriate Department of the Army accounts for the purpose of paying such costs.

(3) Period of availability.--All funds accepted by the Secretary under this subsection shall remain available until expended.

(c) Description of Property.--The acreage of the real property to be conveyed, acquired, and disposed of under this section shall be determined by surveys satisfactory to the Secretary.

(d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

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

(a) Conveyance Authorized.--The Secretary of the Army may convey, without consideration, to the Department of Veterans Affairs of the Commonwealth of Kentucky (in this section referred to as the ``Department''), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 93 acres at Fort Knox, Kentucky, for the purpose of permitting the Department to establish and operate a State-run cemetery for veterans of the Armed Forces.

(b) Reimbursement for Costs of Conveyance.--(1) The Department shall reimburse the Secretary for any costs incurred by the Secretary in making the conveyance authorized by subsection (a), including costs related to environmental documentation and other administrative costs. This paragraph does not apply to costs associated with the environmental remediation of the real property to be conveyed under such subsection.

(2) Any reimbursements received under paragraph (1) for costs described in that paragraph shall be deposited into the accounts from which the costs were paid, and amounts so deposited shall be merged with amounts in such accounts and available for the same purposes, and subject to the same conditions and limitations, as the amounts in such accounts with which merged.

(c) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Department.

(d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. SEC. 2823. LAND CONVEYANCE, MARINE CORPS LOGISTICS BASE,

ALBANY, GEORGIA.

(a) Conveyance Authorized.--The Secretary of the Navy may convey through negotiated sale to the Preferred Development Group Corporation, a corporation incorporated in the State of Georgia and authorized to do business in the State of Georgia

(referred to in this section as the ``Corporation''), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 10.44 acres located at Boyett Village/Turner Field and McAdams Road in Albany, Georgia, for the purpose of permitting the Corporation to use the property for economic development.

(b) Conditions of Conveyance.--The conveyance authorized under subsection (a) shall be subject to the following conditions:

(1) That the Corporation accept the real property conveyed under subsection (a) as is.

(2) That the Corporation bear all costs related to the use and redevelopment of the real property.

(c) Consideration.--As consideration for the conveyance authorized by subsection (a), the Corporation shall pay the United States an amount, determined pursuant to negotiations between the Secretary and the Corporation and based upon the fair market value of the property (as determined pursuant to an appraisal acceptable to the Secretary), that is appropriate for the property.

(d) Reimbursement for Costs of Conveyance.--The Secretary may require the Corporation to reimburse the Secretary for any costs incurred by the Secretary in making the conveyance authorized by subsection (a).

(e) Deposit of Amounts.--(1) The consideration received under subsection (c) shall be deposited in the Department of Defense Base Closure Account 1990 established by section 2906 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).

(2) Any reimbursements received under subsection (d) for costs described in that subsection shall be deposited into the accounts from which the costs were paid, and amounts so deposited shall be merged with amounts in such accounts and available for the same purposes, and subject to the same conditions and limitations, as the amounts in such accounts with which merged.

(f) Exemption.--The conveyance authorized by subsection (a) shall be exempt from the requirement in section 2696 of title 10, United States Code, to screen the property for further Federal use.

(g) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.

(h) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2824. LAND CONVEYANCE, AIR FORCE AND ARMY EXCHANGE

SERVICE PROPERTY, DALLAS, TEXAS.

(a) Conveyance Authorized.--The Secretary of Defense may authorize the Army and Air Force Exchange Service to convey through negotiated sale all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 7.5 acres located at 1515 Roundtable Drive in Dallas, Texas.

(b) Consideration.--As consideration for the conveyance authorized by subsection (a), the purchaser shall pay the United States a single payment equal to the fair market value of the real property, as determined pursuant to an appraisal acceptable to the Secretary.

(c) Deposit of Amounts.--Section 574 of title 40, United States Code, shall apply to the consideration received under subsection (b), except that in the application of such section, all of the proceeds shall be returned to the Army and Air Force Exchange Service.

(d) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the purchaser.

(e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

Subtitle D--Review of Overseas Military Facility Structure

SEC. 2841. SHORT TITLE.

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

SEC. 2842. ESTABLISHMENT OF COMMISSION.

(a) Establishment.--There is established the Commission on the Review of the Overseas Military Facility and Range Structure of the United States (in this subtitle referred to as the ``Commission'').

(b) Membership.--(1) The Commission shall be composed of 9 members of whom--

(A) one shall be appointed by the Secretary of Defense;

(B) two shall be appointed by the Majority Leader of the Senate, in consultation with the Chairman of the Committee on Armed Services of the Senate and the Chairman of the Subcommittee on Defense of the Committee on Appropriations of the Senate;

(C) two shall be appointed by the Minority Leader of the Senate, in consultation with the Ranking Member of the Committee on Armed Services of the Senate and the Ranking Member of the Subcommittee on Defense of the Committee on Appropriations of the Senate;

(D) two shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Armed Services of the House of Representatives and the Chairman of the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives; and

(E) two shall be appointed by the Minority Leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Armed Services of the House of Representatives and the Ranking Member of the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.

(2) Individuals appointed to the Commission shall have significant experience in the national security or foreign policy of the United States.

(3) Appointments of the members of the Commission shall be made not later than 45 days after the date of the enactment of this Act.

(c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

(d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting.

(e) Meetings.--The Commission shall meet at the call of the Chairman.

(f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

(g) Chairman and Vice Chairman.--The Commission shall select a Chairman and Vice Chairman from among its members.

SEC. 2843. DUTIES OF COMMISSION.

(a) Study.--The Commission shall conduct a thorough study of matters relating to the military facility and range structure of the United States overseas.

(b) Matters To Be Studied.--In conducting the study, the Commission shall--

(1) assess the number of military personnel of the United States required to be based outside the United States;

(2) examine the current state of the military facilities and training ranges of the United States overseas for all permanent stations and deployed locations, including the condition of land and improvements at such facilities and ranges and the availability of additional land, if required, for such facilities and ranges;

(3) identify the amounts received by the United States, whether in direct payments, in-kind contributions, or otherwise, from foreign countries by reason of military facilities of the United States overseas;

(4) assess whether or not the current military basing and training range structure of the United States overseas is adequate to meet the current and future mission of the Department of Defense, including contingency, mobilization, and future force requirements;

(5) assess the feasibility and advisability of the closure or realignment of military facilities of the United States overseas, or the establishment of new military facilities of the United States overseas, to meet the requirements of the Department of Defense to provide for the national security of the United States; and

(6) consider or assess any other issue relating to military facilities and ranges of the United States overseas that the Commission considers appropriate.

(c) Report.--(1) Not later than August 30, 2004, the Commission shall submit to the President and Congress a report which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate.

(2) In addition to the matters specified in paragraph (1), the report shall also include a proposal by the Commission for an overseas basing strategy for the Department of Defense in order to meet the current and future mission of the Department.

SEC. 2844. POWERS OF COMMISSION.

(a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this subtitle.

(b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this subtitle. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.

(c) Administrative Support Services.--Upon request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support necessary for the Commission to carry out its duties under this subtitle.

(d) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property.

SEC. 2845. COMMISSION PERSONNEL MATTERS.

(a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission under this subtitle. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

(b) Travel.--(1) Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission under this subtitle.

(2) Members and staff of the Commission may receive transportation on aircraft of the Military Airlift Command to and from the United States, and overseas, for purposes of the performance of the duties of the Commission to the extent that such transportation will not interfere with the requirements of military operations.

(c) Staff.--(1) The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties under this subtitle. The employment of an executive director shall be subject to confirmation by the Commission.

(2) The Commission may employ a staff to assist the Commission in carrying out its duties. The total number of the staff of the Commission, including an executive director under paragraph (1), may not exceed 12.

(3) The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

(d) Detail of Government Employees.--Any employee of the Department of Defense, the Department of State, or the General Accounting Office may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

(e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

SEC. 2846. SECURITY.

(a) Security Clearances.--Members and staff of the Commission, and any experts and consultants to the Commission, shall possess security clearances appropriate for their duties with the Commission under this subtitle.

(b) In General.--The Secretary of Defense shall assume responsibility for the handling and disposition of any information relating to the national security of the United States that is received, considered, or used by the Commission under this subtitle.

SEC. 2847. TERMINATION OF COMMISSION.

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

SEC. 2848. FUNDING.

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

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

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND

OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2004 for the activities of the National Nuclear Security Administration in carrying out programs necessary for national security in the amount of $8,933,847,000, to be allocated as follows:

(1) For weapons activities, $6,457,272,000.

(2) For defense nuclear nonproliferation activities,

$1,340,195,000.

(3) For naval reactors, $788,400,000.

(4) For the Office of the Administrator for Nuclear Security, $347,980,000.

(b) Authorization of New Plant Projects.--From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for weapons activities, as follows:

(1) Project 04-D-101, test capabilities revitalization, phase I, Sandia National Laboratories, Albuquerque, New Mexico, $36,450,000.

(2) Project 04-D-102, exterior communications infrastructure modernization, Sandia National Laboratories, Albuquerque, New Mexico, $20,000,000.

(3) Project 04-D-103, project engineering and design, various locations, $2,000,000.

(4) Project 04-D-125, chemistry and metallurgy research

(CMR) facility replacement, Los Alamos National Laboratory, Los Alamos, New Mexico, $20,500,000.

(5) Project 04-D-126, building 12-44 production cells upgrade, Pantex Plant, Amarillo, Texas, $8,780,000.

(6) Project 04-D-127, cleaning and loading modifications

(CALM), Savannah River Site, Aiken, South Carolina,

$2,750,000.

(7) Project 04-D-128, TA-18 mission relocation project, Los Alamos National Laboratory, Los Alamos, New Mexico,

$8,820,000.

(8) Project 04-D-203, project engineering and design, facilities and infrastructure recapitalization program, various locations, $3,719,000.

(9) Project 03-D-102, sm.43 replacement administration building, Los Alamos National Laboratory, Los Alamos, New Mexico, $50,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2004 for environmental management activities in carrying out programs necessary for national security in the amount of $6,809,814,000, to be allocated as follows:

(1) For defense site acceleration completion,

$5,814,635,000.

(2) For defense environmental services in carrying out environmental restoration and waste management activities necessary for national security programs, $995,179,000.

(b) Authorization of New Plant Projects.--From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for defense site acceleration completion activities, as follows:

(1) Project 04-D-408, glass waste storage building #2, Savannah River Site, Aiken, South Carolina, $20,259,000.

(2) Project 04-D-414, project engineering and design, various locations, $23,500,000.

(3) Project 04-D-423, 3013 container surveillance capability in 235-F, Savannah River Site, Aiken, South Carolina, $1,134,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

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

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

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

SEC. 3105. DEFENSE ENERGY SUPPLY.

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

Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3131. REPEAL OF PROHIBITION ON RESEARCH AND DEVELOPMENT

OF LOW-YIELD NUCLEAR WEAPONS.

(a) Repeal.--Section 3136 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1946; 42 U.S.C. 2121 note) is repealed.

(b) Construction.--Nothing in the repeal made by subsection

(a) shall be construed as authorizing the testing, acquisition, or deployment of a low-yield nuclear weapon.

SEC. 3132. READINESS POSTURE FOR RESUMPTION BY THE UNITED

STATES OF UNDERGROUND NUCLEAR WEAPONS TESTS.

(a) 18-Month Readiness Posture Required.--Commencing not later than October 1, 2006, the Secretary of Energy shall achieve, and thereafter maintain, a readiness posture of 18 months for resumption by the United States of underground nuclear tests, subject to subsection (b).

(b) Alternative Readiness Posture.--If as a result of the review conducted by the Secretary for purposes of the report required by section 3142(c) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2733) the Secretary, in consultation with the Administrator for Nuclear Security, determines that the optimal, advisable, and preferred readiness posture for resumption by the United States of underground nuclear tests is a number of months other than 18 months, the Secretary may, and is encouraged to, achieve and thereafter maintain under subsection (a) such optimal, advisable, and preferred readiness posture instead of the readiness posture of 18 months.

(c) Report on Determination.--(1) The Secretary shall submit to the congressional defense committees a report on a determination described in subsection (b) if the determination leads to the achievement by the Secretary of a readiness posture of other than 18 months under that subsection.

(2) The report under paragraph (1) shall set forth--

(A) the determination described in that paragraph, including the reasons for the determination; and

(B) the number of months of the readiness posture to be achieved and maintained under subsection (b) as a result of the determination.

(3) The requirement for a report, if any, under paragraph

(1) is in addition to the requirement for a report under section 3142(c) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, and the requirement in that paragraph shall not be construed as terminating, modifying, or otherwise affecting the requirement for a report under such section.

(d) Readiness Posture.--For purposes of this section, a readiness posture of a specified number of months for resumption by the United States of underground nuclear weapons tests is achieved when the Department of Energy has the capability to resume such tests, if directed by the President to resume such tests, not later than the specified number of months after the date on which the President so directs.

SEC. 3133. TECHNICAL BASE AND FACILITIES MAINTENANCE AND

RECAPITALIZATION ACTIVITIES.

(a) Deadline for Inclusion of Projects in Facilities and Infrastructure Recapitalization Program.--(1) The Administrator for Nuclear Security shall complete the selection of projects for inclusion in the Facilities and Infrastructure Recapitalization Program (FIRP) of the National Nuclear Security Administration not later than September 30, 2004.

(2) No project may be included in the Facilities and Infrastructure Recapitalization Program after September 30, 2004, unless such project has been selected for inclusion in that program as of that date.

(b) Termination of Facilities and Infrastructure Recapitalization Program.--The Administrator shall terminate the Facilities and Infrastructure Recapitalization Program not later than September 30, 2011.

(c) Readiness in Technical Base and Facilities Program.--

(1) Not later than September 30, 2004, the Administrator shall submit to the congressional defense committees a report setting forth guidelines on the conduct of the Readiness in Technical Base and Facilities (RTBF) program of the National Nuclear Security Administration.

(2) The guidelines on the Readiness in Technical Base and Facilities program shall include the following:

(A) Criteria for the inclusion of projects in the program, and for establishing priorities among projects included in the program.

(B) Mechanisms for the management of facilities under the program, including maintenance as provided pursuant to subparagraph (C).

(C) A description of the scope of maintenance activities under the program, including recurring maintenance, construction of facilities, recapitalization of facilities, and decontamination and decommissioning of facilities.

(3) The guidelines on the Readiness in Technical Base and Facilities program shall ensure that the maintenance activities provided for under paragraph (2)(C) are carried out in a timely and efficient manner designed to avoid maintenance backlogs.

(d) Operations of Facilities Program.--(1) The Administration shall provide for the administration of the Operations of Facilities Program of the National Nuclear Security Administration as a program independent of the Readiness in Technical Base and Facilities Program and of any other programs that the Operations of Facilities Program is intended to support.

(2) The Operations of Facilities Program shall be managed by the Associate Administrator of the National Nuclear Security Administration for Facilities and Operations, or by such other official within the National Nuclear Security Administration as the Administrator shall designate for that purpose.

SEC. 3134. CONTINUATION OF PROCESSING, TREATMENT, AND

DISPOSITION OF LEGACY NUCLEAR MATERIALS.

(a) Continuation of H-Canyon Facility.--Subsection (a) of section 3137 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-460) is amended by striking ``F-canyon and H-canyon facilities'' and inserting

``H-canyon facility''.

(b) Modification of Limitation on Use of Funds for Decommissioning F-Canyon Facility.--Subsection (b) of such section is amended--

(1) by striking ``and the Defense Nuclear Facilities Safety Board'' and all that follows through ``House of Representatives'' and inserting ``submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, and the Defense Nuclear Facilities Safety Board,''; and

(2) by striking ``the following:'' and all that follows and inserting ``a report setting forth--

``(1) an assessment whether or not all materials present in the F-canyon facility as of the date of the report that required stabilization have been safely stabilized as of that date;

``(2) an assessment whether or not the requirements applicable to the F-canyon facility to meet the future needs of the United States for fissile materials disposition can be met through full use of the H-canyon facility at the Savannah River Site; and

``(3) if it appears that one or more of the requirements described in paragraph (2) cannot be met through full use of the H-canyon facility--

``(A) an identification by the Secretary of each such requirement that cannot be met through full use of the H-canyon facility; and

``(B) for each requirement so identified, the reasons why such requirement cannot be met through full use of the H-canyon facility and a description of the alternative capability for fissile materials disposition that is needed to meet such requirement.''.

(c) Repeal of Superseded Plan Requirement.--Subsection (c) of such section is repealed.

Subtitle C--Proliferation Matters

SEC. 3141. EXPANSION OF INTERNATIONAL MATERIALS PROTECTION,

CONTROL, AND ACCOUNTING PROGRAM.

(a) Expansion of Program to Additional Countries.--The Secretary of Energy may expand the International Materials, Protection, Control, and Accounting Program to carry out nuclear nonproliferation threat reduction activities and projects outside the states of the former Soviet Union.

(b) Notice to Congress of Use of Funds.--Not later than 15 days before the Secretary obligates funds for the International Materials Protection, Control, and Accounting Program for a project or activity in or with respect to a country outside the former Soviet Union pursuant to the authority in subsection (a), the Secretary shall submit to the congressional defense committees a notice on the obligation of such funds for the project or activity that shall specify--

(1) the project or activity, and forms of assistance, for which the Secretary proposes to obligate such funds;

(2) the amount of the proposed obligation; and

(3) the projected involvement (if any) of any United States department or agency (other than the Department of Energy), or the private sector, in the project, activity, or assistance for which the Secretary proposes to obligate such funds.

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

NONPROLIFERATION PROGRAM.

(a) Semiannual Reports Required.--Not later than April 30 and October 30 each year, the Administrator for Nuclear Security shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the financial status during the half fiscal year ending at the end of the preceding month of all Department of Energy defense nuclear nonproliferation programs for which funds were authorized to be appropriated for the fiscal year in which such half fiscal year falls.

(b) Contents.--Each report on a half fiscal year under subsection (a) shall set forth for each Department of Energy defense nuclear nonproliferation program for which funds were authorized to be appropriated for the fiscal year in which such half fiscal year falls--

(1) the aggregate amount appropriated for such fiscal year for such program; and

(2) of the aggregate amount appropriated for such fiscal year for such program--

(A) the amounts obligated for such program as of the end of the half fiscal year;

(B) the amounts committed for such program as of the end of the half fiscal year;

(C) the amounts disbursed for such program as of the end of the half fiscal year; and

(D) the amounts that remain available for obligation for such program as of the end of the half fiscal year.

(c) Applicability.--This section shall apply with respect to fiscal years after fiscal year 2003.

SEC. 3143. REPORT ON REDUCTION OF EXCESSIVE UNCOSTED BALANCES

FOR DEFENSE NUCLEAR NONPROLIFERATION

ACTIVITIES.

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

(b) Submittal Date.--If required to be submitted under subsection (a), the submittal date for the report under that subsection shall be November 30, 2004.

Subtitle D--Other Matters

SEC. 3151. MODIFICATION OF AUTHORITIES ON DEPARTMENT OF

ENERGY PERSONNEL SECURITY INVESTIGATIONS.

(a) In General.--Subsection e. of section 145 of the Atomic Energy Act of 1954 (42 U.S.C. 2165) is amended by striking paragraph (2) and inserting the following new paragraph (2):

``(2) In the case of any program designated by the Secretary of Energy as sensitive, the Secretary may require that any investigation required by subsections a., b., and c. of an individual employed in the program be made by the Federal Bureau of Investigation.''.

(b) Conforming Amendment.--Subsection f. of such section is amended by striking ``a majority of the members of the Commission shall certify those specific positions'' and inserting ``the Secretary of Energy may certify specific positions (in addition to positions in programs designated as sensitive under subsection e.)''.

SEC. 3152. RESPONSIBILITIES OF ENVIRONMENTAL MANAGEMENT

PROGRAM AND NATIONAL NUCLEAR SECURITY

ADMINISTRATION OF DEPARTMENT OF ENERGY FOR

ENVIRONMENTAL CLEANUP, DECONTAMINATION AND

DECOMMISSIONING, AND WASTE MANAGEMENT.

(a) Delineation of Responsibilities.--The Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for fiscal year 2005 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report setting forth a delineation of responsibilities between and among the Environmental Management (EM) program and the National Nuclear Security Administration (NNSA) of the Department of Energy for activities on each of the following:

(1) Environmental cleanup.

(2) Decontamination and decommissioning (D&D).

(3) Waste management.

(b) Plan for Implementation of Delineated Responsibilities.--(1) The Secretary shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for fiscal year 2006 (as so submitted) a report setting forth a plan to implement among the Environmental Management program and the National Nuclear Security Administration the responsibilities for activities referred to in subsection (a) as delineated under that subsection.

(2) The report under paragraph (1) shall include such recommendations for legislative action as the Secretary considers appropriate in order to--

(A) clarify in law the responsibilities delineated under subsection (a); and

(B) facilitate the implementation of the plan set forth in the report.

(c) Consultation.--The Secretary shall carry out this section in consultation with the Administrator for Nuclear Security and the Under Secretary of Energy for Energy, Science, and Environment.

SEC. 3153. UPDATE OF REPORT ON STOCKPILE STEWARDSHIP

CRITERIA.

(a) Update of Report.--Not later than March 1, 2005, the Secretary of Energy shall submit to the committees referred to in subsection (c) of section 4202 of the Atomic Energy Defense Act a report updating the report submitted under subsection (a) of such section.

(b) Elements.--The report under subsection (a) of this section shall--

(1) update any information or criteria described in the report submitted under such section 4202;

(2) describe any additional information identified, or criteria established, on matters covered by such section 4202 during the period beginning on the date of the submittal of the report under such section 4202 and ending on the date of the submittal of the report under subsection (a) of this section; and

(3) for each science-based tool developed by the Department of Energy during such period--

(A) a description of the relationship of such science-based tool to the collection of information needed to determine that the nuclear weapons stockpile is safe and reliable; and

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

SEC. 3154. PROGRESS REPORTS ON ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION PROGRAM.

(a) Report on Access to Information for Performance of Radiation Dose Reconstructions.--(1) Not later than 90 days after the date of the enactment of this Act, the National Institute for Occupational Safety and Health shall submit to Congress a report on the ability of the Institute to obtain, in a timely, accurate, and complete manner, information necessary for the purpose of carrying out radiation dose reconstructions under the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.), including information requested from any element of the Department of Energy.

(2) The report shall include the following:

(A) An identification of each matter adversely affecting the ability of the Institute to obtain information described in paragraph (1) in a timely, accurate, and complete manner.

(B) For each facility with respect to which the Institute is carrying out one or more dose reconstructions described in paragraph (1)--

(i) a specification of the total number of claims requiring dose reconstruction;

(ii) a specification of the number of claims for which dose reconstruction has been adversely affected by any matter identified under paragraph (1); and

(iii) a specification of the number of claims requiring dose reconstruction for which, because of any matter identified under paragraph (1), dose reconstruction has not been completed within 150 days after the date on which the Secretary of Labor submitted the claim to the Secretary of Health and Human Services.

(b) Report on Denial of Claims.--(1) Not later than 90 days after the date of the enactment of this Act, the Secretary of Labor shall submit to Congress a report on the denial of claims under the Energy Employees Occupational Illness Compensation Program Act of 2000 as of the date of such report.

(2) The report shall include for each facility with respect to which the Secretary has received one or more claims under that Act the following:

(A) The number of claims received with respect to such facility that have been denied, including the percentage of total number of claims received with respect to such facility that have been denied.

(B) The reasons for the denial of such claims, including the number of claims denied for each such reason.

Subtitle E--Consolidation of General Provisions on Department of Energy

National Security Programs

SEC. 3161. CONSOLIDATION AND ASSEMBLY OF RECURRING AND

GENERAL PROVISIONS ON DEPARTMENT OF ENERGY

NATIONAL SECURITY PROGRAMS.

(a) Purpose.--

(1) In general.--The purpose of this section is to assemble together, without substantive amendment but with technical and conforming amendments of a non-substantive nature, recurring and general provisions of law on Department of Energy national security programs that remain in force in order to consolidate and organize such provisions of law into a single Act intended to comprise general provisions of law on such programs.

(2) Construction of transfers.--The transfer of a provision of law by this section shall not be construed as amending, altering, or otherwise modifying the substantive effect of such provision.

(3) Treatment of satisfied requirements.--Any requirement in a provision of law transferred under this section that has been fully satisfied in accordance with the terms of such provision of law as of the date of transfer under this section shall be treated as so fully satisfied, and shall not be treated as being revived solely by reason of transfer under this section.

(4) Classification.--The provisions of the Atomic Energy Defense Act, as amended by this section, shall be classified to the United States Code as a new chapter of title 50, United States Code.

(b) Division Heading.--The Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314) is amended by adding at the end the following new division heading:

``DIVISION D--ATOMIC ENERGY DEFENSE PROVISIONS''.

(c) Short Title; Definition.--

(1) Short title.--Section 3601 of the Atomic Energy Defense Act (title XXXVI of Public Law 107-314; 116 Stat. 2756) is--

(A) transferred to the end of the Bob Stump National Defense Authorization Act for Fiscal Year 2003;

(B) redesignated as section 4001;

(C) inserted after the heading for division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as added by subsection (b); and

(D) amended by striking ``title'' and inserting

``division''.

(2) Definition.--Division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this section, is further amended by adding at the end the following new section:

``SEC. 4002. DEFINITION.

``In this division, the term `congressional defense committees' means--

``(1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and

``(2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.''.

(d) Organizational Matters.--

(1) Title heading.--Division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this section, is further amended by adding at the end the following:

``TITLE XLI--ORGANIZATIONAL MATTERS''.

(2) Naval nuclear propulsion program.--Section 1634 of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2649) is--

(A) transferred to title XLI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as added by paragraph (1);

(B) inserted after the title heading for such title, as so added; and

(C) amended--

(i) by striking the section heading and inserting the following new section heading:

``SEC. 4101. NAVAL NUCLEAR PROPULSION PROGRAM.'';

and

(ii) by striking ``Sec. 1634.''.

(3) Management structure for facilities and laboratories.--Section 3140 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2833) is--

(A) transferred to title XLI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4102;

(C) inserted after section 4101, as added by paragraph (2); and

(D) amended in subsection (d)(2), by striking ``120 days after the date of the enactment of this Act,'' and inserting

``January 21, 1997,''.

(4) Restriction on licensing requirements for certain activities and facilities.--Section 210 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (Public Law 96-540; 94 Stat. 3202) is--

(A) transferred to title XLI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) inserted after section 4102, as added by paragraph (3); and

(C) amended--

(i) by striking the section heading and inserting the following new section heading:

``SEC. 4103. RESTRICTION ON LICENSING REQUIREMENT FOR CERTAIN

DEFENSE ACTIVITIES AND FACILITIES.'';

(ii) by striking ``Sec. 210.''; and

(iii) by striking ``this or any other Act'' and inserting

``the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981

(Public Law 96-540) or any other Act''.

(e) Nuclear Weapons Stockpile Matters.--

(1) Headings.--Division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this section, is further amended by adding at the end the following new headings:

``TITLE XLII--NUCLEAR WEAPONS STOCKPILE MATTERS

``Subtitle A--Stockpile Stewardship and Weapons Production''.

(2) Stockpile stewardship program.--Section 3138 of the National Defense Authorization Act for Fiscal Year 1994

(Public Law 103-160; 107 Stat. 1946), as amended by section 3152(e) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2042), is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as added by paragraph (1);

(B) redesignated as section 4201; and

(C) inserted after the heading for subtitle A of such title, as so added.

(3) Stockpile stewardship criteria.--Section 3158 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2257), as amended, is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4202; and

(C) inserted after section 4201, as added by paragraph (2).

(4) Plan for stewardship, management, and certification of warheads in stockpile.--Section 3151 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2041) is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4203; and

(C) inserted after section 4202, as added by paragraph (3).

(5) Stockpile life extension program.--Section 3133 of the National Defense Authorization Act for Fiscal Year 2000

(Public Law 106-65; 113 Stat. 926) is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4204;

(C) inserted after section 4203, as added by paragraph (4); and

(D) amended in subsection (c)(1) by striking ``the date of the enactment of this Act'' and inserting ``October 5, 1999''.

(6) Annual assessments and reports on condition of stockpile.--Section 3141 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2730) is--

(A) transferred to title XLII of division D of such Act, as amended by this subsection;

(B) redesignated as section 4205;

(C) inserted after section 4204, as added by paragraph (5); and

(D) amended in subsection (d)(3)(B) by striking ``section 3137 of the National Defense Authorization Act for Fiscal Year 1996 (42 U.S.C. 2121 note)'' and inserting ``section 4213''.

(7) Form of certain certifications regarding stockpile.--Section 3194 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-481) is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4206; and

(C) inserted after section 4205, as added by paragraph (6).

(8) Nuclear test ban readiness program.--Section 1436 of the National Defense Authorization Act, Fiscal Year 1989

(Public Law 100-456; 102 Stat. 2075) is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4207;

(C) inserted after section 4206, as added by paragraph (7); and

(D) amended in the section heading by adding a period at the end.

(9) Study on nuclear test readiness postures.--Section 3152 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 623), as amended by section 3192 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-480), is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4208; and

(C) inserted after section 4207, as added by paragraph (8).

(10) Requirements for requests for new or modified nuclear weapons.--Section 3143 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2733) is--

(A) transferred to title XLII of division D of such Act, as amended by this subsection;

(B) redesignated as section 4209; and

(C) inserted after section 4208, as added by paragraph (9).

(11) Limitation on underground nuclear weapons tests.--Subsection (f) of section 507 of the Energy and Water Development Appropriations Act, 1993 (Public Law 102-337; 106 Stat. 1345) is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) inserted after section 4209, as added by paragraph

(10); and

(C) amended--

(i) by inserting before the text the following new section heading:

``SEC. 4210. LIMITATION ON UNDERGROUND NUCLEAR WEAPONS

TESTS.'';

and

(ii) by striking ``(f)''.

(12) Prohibition on research and development of low-yield nuclear weapons.--Section 3136 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1946) is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4211;

(C) inserted after section 4210, as added by paragraph

(11); and

(D) amended in subsection (b) by striking ``the date of the enactment of this Act,'' and inserting ``November 30, 1993,''.

(13) Testing of nuclear weapons.--Section 3137 of the National Defense Authorization Act for Fiscal Year 1994

(Public Law 103-160; 107 Stat. 1946) is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4212;

(C) inserted after section 4211, as added by paragraph

(12); and

(D) amended--

(i) in subsection (a), by inserting ``of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160)'' after ``section 3101(a)(2)''; and

(ii) in subsection (b), by striking ``this Act'' and inserting ``the National Defense Authorization Act for Fiscal Year 1994''.

(14) Manufacturing infrastructure for stockpile.--Section 3137 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 620), as amended by section 3132 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2829), is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4213;

(C) inserted after section 4212, as added by paragraph

(13); and

(D) amended in subsection (d) by inserting ``of the National Defense Authorization Act for Fiscal Year 1996

(Public Law 104-106)'' after ``section 3101(b)''.

(15) Reports on critical difficulties at laboratories and plants.--Section 3159 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2842), as amended by section 1305 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1954) and section 3163 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 944), is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4214; and

(C) inserted after section 4213, as added by paragraph

(14).

(16) Subtitle heading on tritium.--Title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle B--Tritium''.

(17) Tritium production program.--Section 3133 of the National Defense Authorization Act for Fiscal Year 1996

(Public Law 104-106; 110 Stat. 618) is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4231;

(C) inserted after the heading for subtitle B of such title XLII, as added by paragraph (16); and

(D) amended--

(i) by striking ``the date of the enactment of this Act'' each place it appears and inserting ``February 10, 1996''; and

(ii) in subsection (b), by inserting ``of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106)'' after ``section 3101''.

(18) Tritium recycling.--Section 3136 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 620) is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4232; and

(C) inserted after section 4231, as added by paragraph

(17).

(19) Tritium Production.--Subsections (c) and (d) of section 3133 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2830) are--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) inserted after section 4232, as added by paragraph

(18); and

(C) amended--

(i) by inserting before the text the following new section heading:

``SEC. 4233. TRITIUM PRODUCTION.'';

(ii) by redesignating such subsections as subsections (a) and (b), respectively; and

(iii) in subsection (a), as so redesignated, by inserting

``of Energy'' after ``The Secretary''.

(20) Modernization and consolidation of tritium recycling facilities.--Section 3134 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2830) is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4234;

(C) inserted after section 4233, as added by paragraph

(19); and

(D) amended in subsection (b) by inserting ``of the National Defense Authorization Act for Fiscal Year 1997

(Public Law 104-201)'' after ``section 3101''.

(21) Procedures for meeting tritium production requirements.--Section 3134 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 927) is--

(A) transferred to title XLII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4235; and

(C) inserted after section 4234, as added by paragraph

(20).

(f) Proliferation Matters.--

(1) Title heading.--Division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this section, is further amended by adding at the end the following new title heading:

``TITLE XLIII--PROLIFERATION MATTERS''.

(2) International cooperative stockpile stewardship.--Section 3133 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2036), as amended by sections 1069 and 3131 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

(Public Law 105-261; 112 Stat. 2136, 2246), is--

(A) transferred to title XLIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as added by paragraph (1);

(B) redesignated as section 4301;

(C) inserted after the heading for such title, as so added; and

(D) amended in subsection (b)(3) by striking ``of this Act'' and inserting ``of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85)''.

(3) Nonproliferation initiatives and activities.--Section 3136 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 927) is--

(A) transferred to title XLIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4302;

(C) inserted after section 4301, as added by paragraph (2); and

(D) amended in subsection (b)(1) by striking ``this title'' and inserting ``title XXXI of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65)''.

(4) Annual report on materials protection, control, and accounting program.--Section 3171 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1645A-475) is--

(A) transferred to title XLIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4303;

(C) inserted after section 4302, as added by paragraph (3); and

(D) amended in subsection (c)(1) by striking ``this Act'' and inserting ``the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398)''.

(5) Nuclear cities initiative.--Section 3172 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1645A-476) is--

(A) transferred to title XLIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4304; and

(C) inserted after section 4303, as added by paragraph (4).

(6) Programs on fissile materials.--Section 3131 of the National Defense Authorization Act for Fiscal Year 1996

(Public Law 104-106; 110 Stat. 617), as amended by section 3152 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2738), is--

(A) transferred to title XLIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4305; and

(C) inserted after section 4304, as added by paragraph (5).

(7) Disposition of weapons usable plutonium.--Section 3182 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2747) is--

(A) transferred to title XLIII of division D of such Act, as amended by this subsection;

(B) redesignated as section 4306; and

(C) inserted after section 4305, as added by paragraph (7).

(8) Disposition of surplus defense plutonium.--Section 3155 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1378) is--

(A) transferred to title XLIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4307; and

(C) inserted after section 4306, as added by paragraph (7).

(g) Environmental Restoration and Waste Management Matters.--

(1) Headings.--Division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this section, is further amended by adding at the end the following new headings:

``TITLE XLIV--ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT MATTERS

``Subtitle A--Environmental Restoration and Waste Management''.

(2) Defense environmental restoration and waste management account.--Section 3134 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1575) is--

(A) transferred to title XLIV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as added by paragraph (1);

(B) redesignated as section 4401; and

(C) inserted after the heading for subtitle A of such title, as so added.

(3) Future use plans for environmental management program.--Section 3153 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2839) is--

(A) transferred to title XLIV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4402;

(C) inserted after section 4401, as added by paragraph (2); and

(D) amended--

(i) in subsection (d), by striking ``the date of the enactment of this Act'' and inserting ``September 23, 1996,''; and

(ii) in subsection (h)(1), by striking ``the date of the enactment of this Act'' and inserting ``September 23, 1996''.

(4) Integrated fissile materials management plan.--Section 3172 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 948) is--

(A) transferred to title XLIV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4403; and

(C) inserted after section 4402, as added by paragraph (3).

(5) Baseline environmental management reports.--Section 3153 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1950), as amended by section 3160 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3094), section 3152 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2839), and section 3160 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2048), is--

(A) transferred to title XLIV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4404; and

(C) inserted after section 4403, as added by paragraph (4).

(6) Accelerated schedule for environmental restoration and waste management.--Section 3156 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 625) is--

(A) transferred to title XLIV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4405;

(C) inserted after section 4404, as added by paragraph (5); and

(D) amended in subsection (b)(2) by inserting before the period the following: ``, the predecessor provision to section 4404 of this Act''.

(7) Defense waste cleanup technology program.--Section 3141 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1679) is--

(A) transferred to title XLIV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4406;

(C) inserted after section 4405, as added by paragraph (6); and

(D) amended in the section heading by adding a period at the end.

(8) Report on environmental restoration expenditures.--Section 3134 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1833) is--

(A) transferred to title XLIV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4407;

(C) inserted after section 4406, as added by paragraph (7); and

(D) amended in the section heading by adding a period at the end.

(9) Public participation in planning for environmental restoration and waste management.--Subsection (e) of section 3160 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3095) is--

(A) transferred to title XLIV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) inserted after section 4407, as added by paragraph (8); and

(C) amended--

(i) by inserting before the text the following new section heading:

``SEC. 4408. PUBLIC PARTICIPATION IN PLANNING FOR

ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT

AT DEFENSE NUCLEAR FACILITIES.'';

and

(ii) by striking ``(e) Public Participation in Planning.--

''.

(10) Subtitle heading on closure of facilities.--Title XLIV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle B--Closure of Facilities''.

(11) Projects to accelerate closure activities at defense nuclear facilities.--Section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2836) is--

(A) transferred to title XLIV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4421;

(C) inserted after the heading for subtitle B of such title, as added by paragraph (10); and

(D) amended in subsection (i), by striking ``the expiration of the 15-year period beginning on the date of the enactment of this Act'' and inserting ``September 23, 2011''.

(12) Reports in connection with permanent closure of defense nuclear facilities.--Section 3156 of the National Defense Authorization Act for Fiscal Years 1990 and 1991

(Public Law 101-189; 103 Stat. 1683) is--

(A) transferred to title XLIV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4422;

(C) inserted after section 4421, as added by paragraph

(11); and

(D) amended in the section heading by adding a period at the end.

(13) Subtitle heading on Privatization.--Title XLIV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle C--Privatization''.

(14) Defense environmental management privatization projects.--Section 3132 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2034) is--

(A) transferred to title XLIV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4431;

(C) inserted after the heading for subtitle C of such title, as added by paragraph (13); and

(D) amended--

(i) in subsections (a), (c)(1)(B)(i), and (d), by inserting

``of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85)'' after ``section 3102(i)''; and

(ii) in subsections (c)(1)(B)(ii) and (f), by striking

``the date of enactment of this Act'' and inserting

``November 18, 1997''.

(h) Safeguards and Security Matters.--

(1) Headings.--Division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this section, is further amended by adding at the end the following new headings:

``TITLE XLV--SAFEGUARDS AND SECURITY MATTERS

``Subtitle A--Safeguards and Security''.

(2) Prohibition on international inspections of facilities without protection of restricted data.--Section 3154 of the National Defense Authorization Act for Fiscal Year 1996

(Public Law 104-106; 110 Stat. 624) is--

(A) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as added by paragraph (1);

(B) redesignated as section 4501;

(C) inserted after the heading for subtitle A of such title, as so added; and

(D) amended--

(i) by striking ``(1) The'' and inserting ``The''; and

(ii) by striking ``(2) For purposes of paragraph (1),'' and inserting ``(c) Restricted Data Defined.--In this section,''.

(3) Restrictions on access to laboratories by foreign visitors from sensitive countries.--Section 3146 of the National Defense Authorization Act for Fiscal Year 2000

(Public Law 106-65; 113 Stat. 935) is--

(A) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4502;

(C) inserted after section 4501, as added by paragraph (2); and

(D) amended--

(i) in subsection (b)(2)--

(I) in the matter preceding subparagraph (A), by striking

``30 days after the date of the enactment of this Act'' and inserting ``on November 4, 1999,''; and

(II) in subparagraph (A), by striking ``The date that is 90 days after the date of the enactment of this Act'' and inserting ``January 3, 2000'';

(ii) in subsection (d)(1), by striking ``the date of the enactment of this Act,'' and inserting ``October 5, 1999,''; and

(iii) in subsection (g), by adding at the end the following new paragraphs:

``(3) The term `national laboratory' means any of the following:

``(A) Lawrence Livermore National Laboratory, Livermore, California.

``(B) Los Alamos National Laboratory, Los Alamos, New Mexico.

``(C) Sandia National Laboratories, Albuquerque, New Mexico and Livermore, California.

``(4) The term `Restricted Data' has the meaning given that term in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).''.

(4) Background investigations on certain personnel.--Section 3143 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 934) is--

(A) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4503;

(C) inserted after section 4502, as added by paragraph (3); and

(D) amended--

(i) in subsection (b), by striking ``the date of the enactment of this Act'' and inserting ``October 5, 1999,''; and

(ii) by adding at the end the following new subsection:

``(c) Definitions.--In this section, the terms `national laboratory' and `Restricted Data' have the meanings given such terms in section 4502(g)).''.

(5) Counterintelligence polygraph program.--

(A) Department of energy counterintelligence polygraph program.--Section 3152 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1376) is--

(i) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(ii) redesignated as section 4504;

(iii) inserted after section 4503, as added by paragraph

(4); and

(iv) amended in subsection (c) by striking ``section 3154 of the Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI of Public Law 106-65; 42 U.S.C. 7383h)'' and inserting ``section 4504A''.

(B) Counterintelligence polygraph program.--Section 3154 of the National Defense Authorization Act for Fiscal Year 2000

(Public Law 106-65; 113 Stat. 941), as amended by section 3135 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-456), is--

(i) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(ii) redesignated as section 4504A;

(iii) inserted after section 4504, as added by subparagraph

(A); and

(iv) amended in subsection (h) by striking ``180 days after the date of the enactment of this Act,'' and inserting

``April 5, 2000,''.

(6) Notice of security and counterintelligence failures.--Section 3150 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 939) is--

(A) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4505;

(C) inserted after section 4504A, as added by paragraph

(5)(B).

(7) Annual report on security functions at nuclear weapons facilities.--Section 3162 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2049) is--

(A) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4506;

(C) inserted after section 4505, as added by paragraph (6); and

(D) amended in subsection (b) by inserting ``of the National Defense Authorization Act for Fiscal Year 1998

(Public Law 105-85; 111 Stat. 2048; 42 U.S.C. 7251 note)'' after ``section 3161''.

(8) Report on counterintelligence and security practices at laboratories.--Section 3152 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 940) is--

(A) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4507;

(C) inserted after section 4506, as added by paragraph (7); and

(D) amended by adding at the end the following new subsection:

``(c) National Laboratory Defined.--In this section, the term `national laboratory' has the meaning given that term in section 4502(g)(3).''.

(9) Report on security vulnerabilities of national laboratory computers.--Section 3153 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 940) is--

(A) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4508;

(C) inserted after section 4507, as added by paragraph (8); and

(D) amended by adding at the end the following new subsection:

``(f) National Laboratory Defined.--In this section, the term `national laboratory' has the meaning given that term in section 4502(g)(3).''.

(10) Subtitle heading on classified information.--Title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle B--Classified Information''.

(11) Review of certain documents before declassification and release.--Section 3155 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 625) is--

(A) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4521; and

(C) inserted after the heading for subtitle B of such title, as added by paragraph (10).

(12) Protection against inadvertent release of restricted data and formerly restricted data.--Section 3161 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2259), as amended by section 1067(3) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 774) and section 3193 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-480), is--

(A) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4522;

(C) inserted after section 4521, as added by paragraph

(11); and

(D) amended--

(i) in subsection (c)(1), by striking ``the date of the enactment of this Act'' and inserting ``October 17, 1998,'';

(ii) in subsection (f)(1), by striking ``the date of the enactment of this Act'' and inserting ``October 17, 1998''; and

(iii) in subsection (f)(2), by striking ``The Secretary'' and inserting ``Commencing with inadvertent releases discovered on or after October 30, 2000, the Secretary''.

(13) Supplement to plan for declassification of restricted data and formerly restricted data.--Section 3149 of the National Defense Authorization Act for Fiscal Year 2000

(Public Law 106-65; 113 Stat. 938) is--

(A) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4523;

(C) inserted after section 4522, as added by paragraph

(12); and

(D) amended--

(i) in subsection (a), by striking ``subsection (a) of section 3161 of the Strom Thurmond National Defense Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2260; 50 U.S.C. 435 note)'' and inserting ``subsection (a) of section 4522'';

(ii) in subsection (b)--

(I) by striking ``section 3161(b)(1) of that Act'' and inserting ``subsection (b)(1) of section 4522''; and

(II) by striking ``the date of the enactment of that Act'' and inserting ``October 17, 1998,'';

(iii) in subsection (c)--

(I) by striking ``section 3161(c) of that Act'' and inserting ``subsection (c) of section 4522''; and

(II) by striking ``section 3161(a) of that Act'' and inserting ``subsection (a) of such section''; and

(iv) in subsection (d), by striking ``section 3161(d) of that Act'' and inserting ``subsection (d) of section 4522''.

(14) Protection of classified information during laboratory-to-laboratory exchanges.--Section 3145 of the National Defense Authorization Act for Fiscal Year 2000

(Public Law 106-65; 113 Stat. 935) is--

(A) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4524; and

(C) inserted after section 4523, as added by paragraph

(13).

(15) Identification in budgets of amount for declassification activities.--Section 3173 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 949) is--

(A) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4525;

(C) inserted after section 4524, as added by paragraph

(14); and

(D) amended in subsection (b) by striking ``the date of the enactment of this Act'' and inserting ``October 5, 1999,''.

(16) Subtitle heading on emergency response.--Title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle C--Emergency Response''.

(17) Responsibility for defense programs emergency response program.--Section 3158 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 626) is--

(A) transferred to title XLV of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4541; and

(C) inserted after the heading for subtitle C of such title, as added by paragraph (16).

(i) Personnel Matters.--

(1) Headings.--Division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this section, is further amended by adding at the end the following new headings:

``TITLE XLVI--PERSONNEL MATTERS

``Subtitle A--Personnel Management''.

(2) Authority for appointment of certain scientific, engineering, and technical personnel.--Section 3161 of the National Defense Authorization Act for Fiscal Year 1995

(Public Law 103-337; 108 Stat. 3095), as amended by section 3139 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2040), sections 3152 and 3155 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2253, 2257), and section 3191 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-480), is--

(A) transferred to title XLVI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as added by paragraph (1);

(B) redesignated as section 4601; and

(C) inserted after the heading for subtitle A of such title, as so added.

(3) Whistleblower protection program.--Section 3164 of the National Defense Authorization Act for Fiscal Year 2000

(Public Law 106-65; 113 Stat. 946) is--

(A) transferred to title XLVI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4602;

(C) inserted after section 4601, as added by paragraph (2); and

(D) amended in subsection (n) by striking ``60 days after the date of the enactment of this Act,'' and inserting

``December 5, 1999,''.

(4) Employee incentives for workers at closure project facilities.--Section 3136 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-458) is--

(A) transferred to title XLVI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4603;

(C) inserted after section 4602, as added by paragraph (3); and

(D) amended--

(i) in subsections (c) and (i)(1)(A), by striking ``section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)'' and inserting ``section 4421''; and

(ii) in subsection (g), by striking ``section 3143(h) of the National Defense Authorization Act for Fiscal Year 1997'' and inserting ``section 4421(h)''.

(5) Defense nuclear facility workforce restructuring plan.--Section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644), as amended by section 1070(c)(2) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2857), Public Law 105-277 (112 Stat. 2681-419, 2681-430), and section 1048(h)(1) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1229), is--

(A) transferred to title XLVI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4604;

(C) inserted after section 4603, as added by paragraph (4); and

(D) amended--

(i) in subsection (a), by striking ``(hereinafter in this subtitle referred to as the `Secretary')''; and

(ii) by adding at the end the following new subsection:

``(g) Department of Energy Defense Nuclear Facility Defined.--In this section, the term `Department of Energy defense nuclear facility' means--

``(1) a production facility or utilization facility (as those terms are defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)) that is under the control or jurisdiction of the Secretary and that is operated for national security purposes (including the tritium loading facility at Savannah River, South Carolina, the 236 H facility at Savannah River, South Carolina; and the Mound Laboratory, Ohio), but the term does not include any facility that does not conduct atomic energy defense activities and does not include any facility or activity covered by Executive Order Number 12344, dated February 1, 1982, pertaining to the naval nuclear propulsion program;

``(2) a nuclear waste storage or disposal facility that is under the control or jurisdiction of the Secretary;

``(3) a testing and assembly facility that is under the control or jurisdiction of the Secretary and that is operated for national security purposes (including the Nevada Test Site, Nevada; the Pinnellas Plant, Florida; and the Pantex facility, Texas);

``(4) an atomic weapons research facility that is under the control or jurisdiction of the Secretary (including Lawrence Livermore, Los Alamos, and Sandia National Laboratories); or

``(5) any facility described in paragraphs (1) through (4) that--

``(A) is no longer in operation;

``(B) was under the control or jurisdiction of the Department of Defense, the Atomic Energy Commission, or the Energy Research and Development Administration; and

``(C) was operated for national security purposes.''.

(6) Authority to provide certificate of commendation to employees.--Section 3195 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-481) is--

(A) transferred to title XLVI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4605; and

(C) inserted after section 4604, as added by paragraph (5).

(7) Subtitle heading on training and education.--Title XLVI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle B--Education and Training''.

(8) Executive management training.--Section 3142 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1680) is--

(A) transferred to title XLVI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4621;

(C) inserted after the heading for subtitle B of such title, as added by paragraph (7); and

(D) amended in the section heading by adding a period at the end.

(9) Stockpile stewardship recruitment and training program.--Section 3131 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3085) is--

(A) transferred to title XLVI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4622;

(C) inserted after section 4621, as added by paragraph (8); and

(D) amended--

(i) in subsection (a)(1), by striking ``section 3138 of the National Defense Authorization Act for Fiscal Year 1994

(Public Law 103-160; 107 Stat. 1946; 42 U.S.C. 2121 note)'' and inserting ``section 4201''; and

(ii) in subsection (b)(2), by inserting ``of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337)'' after ``section 3101(a)(1)''.

(10) Fellowship program for development of skills critical to nuclear weapons complex.--Section 3140 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat 621), as amended by section 3162 of the National Defense Authorization Act for Fiscal Year 2000

(Public Law 106-65; 113 Stat. 943), is--

(A) transferred to title XLVI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4623; and

(C) inserted after section 4622, as added by paragraph (9).

(11) Subtitle heading on worker safety.--Title XLVI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle C--Worker Safety''.

(12) Worker protection at nuclear weapons facilities.--Section 3131 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1571) is--

(A) transferred to title XLVI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4641;

(C) inserted after the heading for subtitle C of such title, as added by paragraph (11); and

(D) amended in subsection (e) by inserting ``of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190)'' after ``section 3101(9)(A)''.

(13) Safety oversight and enforcement at defense nuclear facilities.--Section 3163 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3097) is--

(A) transferred to title XLVI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4642;

(C) inserted after section 4641, as added by paragraph

(12); and

(D) amended in subsection (b) by striking ``90 days after the date of the enactment of this Act,'' and inserting

``January 5, 1995,''.

(14) Program to monitor workers at defense nuclear facilities exposed to hazardous and radioactive substances.--Section 3162 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2646) is--

(A) transferred to title XLVI of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4643;

(C) inserted after section 4642, as added by paragraph

(13); and

(D) amended--

(i) in subsection (b)(6), by striking ``1 year after the date of the enactment of this Act'' and inserting ``October 23, 1993'';

(ii) in subsection (c), by striking ``180 days after the date of the enactment of this Act,'' and inserting ``April 23, 1993,''; and

(iii) by adding at the end the following new subsection:

``(c) Definitions.--In this section:

``(1) The term `Department of Energy defense nuclear facility' has the meaning given that term in section 4604(g).

``(2) The term `Department of Energy employee' means any employee of the Department of Energy employed at a Department of Energy defense nuclear facility, including any employee of a contractor of subcontractor of the Department of Energy employed at such a facility.''.

(j) Budget and Financial Management Matters.--

(1) Headings.--Division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this section, is further amended by adding at the end the following new headings:

``TITLE XLVII--BUDGET AND FINANCIAL MANAGEMENT MATTERS

``Subtitle A--Recurring National Security Authorization Provisions''.

(2) Recurring national security authorization provisions.--Sections 3620 through 3631 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2756) are--

(A) transferred to title XLVII of division D of such Act, as added by paragraph (1);

(B) redesignated as sections 4701 through 4712, respectively;

(C) inserted after the heading for subtitle A of such title, as so added; and

(D) amended--

(i) in section 4702, as so redesignated, by striking

``sections 3629 and 3630'' and inserting ``sections 4710 and 4711'';

(ii) in section 4706(a)(3)(B), as so redesignated, by striking ``section 3626'' and inserting ``section 4707'';

(iii) in section 4707(c), as so redesignated, by striking

``section 3625(b)(2)'' and inserting ``section 4706(b)(2)'';

(iv) in section 4710(c), as so redesignated, by striking

``section 3621'' and inserting ``section 4702'';

(v) in section 4711(c), as so redesignated, by striking

``section 3621'' and inserting ``section 4702''; and

(vi) in section 4712, as so redesignated, by striking

``section 3621'' and inserting ``section 4702''.

(3) Subtitle heading on penalties.--Title XLVII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle B--Penalties''.

(4) Restriction on use of funds to pay penalties under environmental laws.--Section 3132 of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 4063) is--

(A) transferred to title XLVII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4721;

(C) inserted after the heading for subtitle B of such title, as added by paragraph (3); and

(D) amended in the section heading by adding a period at the end.

(5) Restriction on use of funds to pay penalties under clean air act.--Section 211 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (Public Law 96-540; 94 Stat. 3203) is--

(A) transferred to title XLVII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) inserted after section 4721, as added by paragraph (4); and

(C) amended--

(i) by striking the section heading and inserting the following new section heading:

``SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PENALTIES

UNDER CLEAN AIR ACT.'';

(ii) by striking Sec. 211.''; and

(iii) by striking ``this or any other Act'' and inserting

``the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981

(Public Law 96-540) or any other Act''.

(6) Subtitle heading on other matters.--Title XLVII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle C--Other Matters''.

(7) Single request for authorization of appropriations for common defense and security programs.--Section 208 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1979

(Public Law 95-509; 92 Stat. 1779) is--

(A) transferred to title XLVII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) inserted after the heading for subtitle C of such title, as added by paragraph (6); and

(C) amended--

(i) by striking the section heading and inserting the following new section heading:

``SEC. 4731. SINGLE REQUEST FOR AUTHORIZATION OF

APPROPRIATIONS FOR COMMON DEFENSE AND SECURITY

PROGRAMS.''; AND

(ii) by striking ``Sec. 208.''.

(k) Administrative Matters.--

(1) Headings.--Division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this section, is further amended by adding at the end the following new headings:

``TITLE XLVIII--ADMINISTRATIVE MATTERS

``Subtitle A--Contracts''.

(2) Costs not allowed under certain contracts.--Section 1534 of the Department of Defense Authorization Act, 1986

(Public Law 99-145; 99 Stat. 774), as amended by section 3131 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1238), is--

(A) transferred to title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as added by paragraph (1);

(B) redesignated as section 4801;

(C) inserted after the heading for subtitle A of such title, as so added; and

(D) amended--

(i) in the section heading, by adding a period at the end; and

(ii) in subsection (b)(1), by striking ``the date of the enactment of this Act,'' and inserting ``November 8, 1985,''.

(3) Prohibition on bonuses to contractors operating defense nuclear facilities.--Section 3151 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1682) is--

(A) transferred to title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4802;

(C) inserted after section 4801, as added by paragraph (2); and

(D) amended--

(i) in the section heading, by adding a period at the end;

(ii) in subsection (a), by striking ``the date of the enactment of this Act'' and inserting ``November 29, 1989'';

(iii) in subsection (b), by striking ``6 months after the date of the enactment of this Act,'' and inserting ``May 29, 1990,''; and

(iv) in subsection (d), by striking ``90 days after the date of the enactment of this Act'' and inserting ``March 1, 1990''.

(4) Contractor liability for injury or loss of property arising from atomic weapons testing programs.--Section 3141 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1837) is--

(A) transferred to title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4803;

(C) inserted after section 4802, as added by paragraph (3); and

(D) amended--

(i) in the section heading, by adding a period at the end; and

(ii) in subsection (d), by striking ``the date of the enactment of this Act'' each place it appears and inserting

``November 5, 1990,''.

(5) Subtitle heading on research and development.--Title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle B--Research and Development''.

(6) Laboratory-directed research and development.--Section 3132 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1832) is--

(A) transferred to title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4811;

(C) inserted after the heading for subtitle B of such title, as added by paragraph (5); and

(D) amended in the section heading by adding a period at the end.

(7) Limitations on use of funds for laboratory directed research and development.--

(A) Limitations on use of funds for laboratory directed research and development.--Section 3137 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2038) is--

(i) transferred to title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(ii) redesignated as section 4812;

(iii) inserted after section 4811, as added by paragraph

(6); and

(iv) amended--

(I) in subsection (b), by striking ``section 3136(b) of the National Defense Authorization Act for Fiscal Year 1997

(Public Law 104-201; 110 Stat. 2831; 42 U.S.C. 7257b)'' and inserting ``section 4812A(b)'';

(II) in subsection (d)--

(aa) by striking ``section 3136(b)(1)'' and inserting

``section 4812A(b)(1)''; and

(bb) by striking ``section 3132(c) of the National Defense Authorization Act for Fiscal Year 1991 (42 U.S.C. 7257a(c))'' and inserting ``section 4811(c)''; and

(III) in subsection (e), by striking ``section 3132(d) of the National Defense Authorization Act for Fiscal Year 1991

(42 U.S.C. 7257a(d))'' and inserting ``section 4811(d)''.

(B) Limitation on use of funds for certain research and development purposes.--Section 3136 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2830), as amended by section 3137 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2038), is--

(i) transferred to title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(ii) redesignated as section 4812A;

(iii) inserted after section 4812, as added by paragraph

(7); and

(iv) amended in subsection (a) by inserting ``of the National Defense Authorization Act for Fiscal Year 1997

(Public Law 104-201)'' after ``section 3101''.

(8) Critical technology partnerships.--Section 3136 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1577), as amended by section 203(b)(3) of Public Law 103-35 (107 Stat. 102), is--

(A) transferred to title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4813; and

(C) inserted after section 4812A, as added by paragraph

(7)(B).

(9) University-based research collaboration program.--Section 3155 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2044) is--

(A) transferred to title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4814;

(C) inserted after section 4813, as added by paragraph (8); and

(D) amended in subsection (c) by striking ``this title'' and inserting ``title XXXI of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85)''.

(10) Subtitle heading on facilities management.--Title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle C--Facilities Management''.

(11) Transfers of real property at certain facilities.--Section 3158 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2046) is--

(A) transferred to title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4831; and

(C) inserted after the heading for subtitle C of such title, as added by paragraph (10).

(12) Engineering and manufacturing research, development, and demonstration at certain nuclear weapons production plants.--Section 3156 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-467) is--

(A) transferred to title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4832; and

(C) inserted after section 4831, as added by paragraph

(11).

(13) Pilot program on use of proceeds of disposal or utilization of certain assets.--Section 3138 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2039) is--

(A) transferred to title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4833;

(C) inserted after section 4832, as added by paragraph

(12); and

(D) amended in subsection (d) by striking ``sections 202 and 203(j) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483 and 484(j))'' and inserting ``subchapter II of chapter 5 and section 549 of title 40, United States Code,''.

(14) Subtitle heading on other matters.--Title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle D--Other Matters''.

(15) Semiannual reports on local impact assistance.--Subsection (f) of section 3153 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2044) is--

(A) transferred to title XLVIII of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) inserted after the heading for subtitle D of such title, as added by paragraph (14); and

(C) amended--

(i) by inserting before the text the following new section heading:

``SEC. 4851. SEMIANNUAL REPORTS ON LOCAL IMPACT

ASSISTANCE.'';

(ii) by striking ``(f) Semiannual Reports on Local Impact Assistance.--''; and

(iii) by striking ``section 3161(c)(6) of the National Defense Authorization Act of Fisca Year 1993 (42 U.S.C. 7274h(c)(6))'' and inserting ``section 4604(c)(6)''.

(l) Matters Relating to Particular Facilities.--

(1) Headings.--Division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this section, is further amended by adding at the end the following new headings:

``TITLE XLIX--MATTERS RELATING TO PARTICULAR FACILITIES

``Subtitle A--Hanford Reservation, Washington''.

(2) Safety measures for waste tanks.--Section 3137 of the National Defense Authorization Act for Fiscal Year 1991

(Public Law 101-510; 104 Stat. 1833) is--

(A) transferred to title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as added by paragraph (1);

(B) redesignated as section 4901;

(C) inserted after the heading for subtitle A of such title, as so added; and

(D) amended--

(i) in the section heading, by adding a period at the end;

(ii) in subsection (a), by striking ``Within 90 days after the date of the enactment of this Act,'' and inserting ``Not later than February 3, 1991,'';

(iii) in subsection (b), by striking ``Within 120 days after the date of the enactment of this Act,'' and inserting

``Not later than March 5, 1991,'';

(iv) in subsection (c), by striking ``Beginning 120 days after the date of the enactment of this Act,'' and inserting

``Beginning March 5, 1991,''; and

(v) in subsection (d), by striking ``Within six months of the date of the enactment of this Act,'' and inserting ``Not later than May 5, 1991,''.

(3) Programs for persons who may have been exposed to radiation released from hanford reservation.--Section 3138 of the National Defense Authorization Act for Fiscal Year 1991

(Public Law 101-510; 104 Stat. 1834), as amended by section 3138 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3087), is--

(A) transferred to title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4902;

(C) inserted after section 4901, as added by paragraph (2); and

(D) amended--

(i) in the section heading, by adding a period at the end;

(ii) in subsection (a), by striking ``this title'' and inserting ``title XXXI of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510)''; and

(iii) in subsection (c)--

(I) in paragraph (2), by striking ``six months after the date of the enactment of this Act,'' and inserting ``May 5, 1991,''; and

(II) in paragraph (3), by striking ``18 months after the date of the enactment of this Act,'' and inserting ``May 5, 1992,''.

(4) Waste tank cleanup program.--Section 3139 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2250), as amended by section 3141 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-463) and section 3135 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1368), is--

(A) transferred to title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4903;

(C) inserted after section 4902, as added by paragraph (3); and

(D) amended in subsection (d) by striking ``30 days after the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001,'' and inserting ``November 29, 2000,''.

(5) River protection project.--Subsection (a) of section 3141 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-462) is--

(A) transferred to title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) inserted after section 4903, as added by paragraph (4); and

(C) amended--

(i) by inserting before the text the following new section heading:

``SEC. 4904. RIVER PROTECTION PROJECT.''; AND

(ii) by striking ``(a) Redesignation of Project.--''.

(6) Funding for termination costs of river protection project.--Section 3131 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-454) is--

(A) transferred to title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4905;

(C) inserted after section 4904, as added by paragraph (5); and

(D) amended--

(i) by striking ``section 3141'' and inserting ``section 4904''; and

(ii) by striking ``the date of the enactment of this Act'' and inserting ``October 30, 2000''.

(7) Subtitle heading on savannah river site, south carolina.--Title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle B--Savannah River Site, South Carolina''.

(8) Accelerated schedule for isolating high-level nuclear waste at defense waste processing facility.--Section 3141 of the National Defense Authorization Act for Fiscal Year 1997

(Public Law 104-201; 110 Stat. 2834) is--

(A) transferred to title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) redesignated as section 4911; and

(C) inserted after the heading for subtitle B of such title, as added by paragraph (7).

(9) Multi-year plan for clean-up.--Subsection (e) of section 3142 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2834) is--

(A) transferred to title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) inserted after section 4911, as added by paragraph (8); and

(C) amended--

(i) by inserting before the text the following new section heading:

``SEC. 4912. MULTI-YEAR PLAN FOR CLEAN-UP.''; AND

(ii) by striking ``(e) Multi-Year Plan for Clean-Up at Savannah River Site.--The Secretary'' and inserting ``The Secretary of Energy''.

(10) Continuation of processing, treatment, and disposal of legacy nuclear materials.--

(A) Fiscal year 2001.--Subsection (a) of section 3137 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat 1654A-460) is--

(i) transferred to title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(ii) inserted after section 4912, as added by paragraph

(9); and

(iii) amended--

(I) by inserting before the text the following new section heading:

``SEC. 4913. CONTINUATION OF PROCESSING, TREATMENT, AND

DISPOSAL OF LEGACY NUCLEAR MATERIALS.''; AND

(II) by striking ``(a) Continuation.--''.

(B) Fiscal year 2000.--Section 3132 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 924) is--

(i) transferred to title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(ii) redesignated as section 4913A; and

(iii) inserted after section 4913, as added by subparagraph

(A).

(C) Fiscal year 1999.--Section 3135 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

(Public Law 105-261; 112 Stat. 2248) is--

(i) transferred to title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(ii) redesignated as section 4913B; and

(iii) inserted after section 4913A, as added by subparagraph (B).

(D) Fiscal year 1998.--Subsection (b) of section 3136 of the National Defense Authorization Act for Fiscal Year 1998

(Public Law 105-85; 111 Stat. 2038) is--

(i) transferred to title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(ii) inserted after section 4913B, as added by subparagraph

(C); and

(iii) amended--

(I) by inserting before the text the following new section heading:

``SEC. 4913C. CONTINUATION OF PROCESSING, TREATMENT, AND

DISPOSAL OF LEGACY NUCLEAR MATERIALS.''; AND

(II) by striking ``(b) Requirement for Continuing Operations at Savannah River Site.--''.

(E) Fiscal year 1997.--Subsection (f) of section 3142 of the National Defense Authorization Act for Fiscal Year 1997

(Public Law 104-201; 110 Stat. 2836) is--

(i) transferred to title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(ii) inserted after section 4913C, as added by subparagraph

(D); and

(iii) amended--

(I) by inserting before the text the following new section heading:

``SEC. 4913D. CONTINUATION OF PROCESSING, TREATMENT, AND

DISPOSAL OF LEGACY NUCLEAR MATERIALS.'';

(II) by striking ``(f) Requirement for Continuing Operations at Savannah River Site.--The Secretary'' and inserting ``The Secretary of Energy''; and

(III) by striking ``subsection (e)'' and inserting

``section 4912''.

(11) Limitation on use of funds for decommissioning f-canyon facility.--Subsection (b) of section 3137 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-460) is--

(A) transferred to title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection;

(B) inserted after section 4913D, as added by paragraph

(10)(E); and

(C) amended--

(i) by inserting before the text the following new section heading:

``SEC. 4914. LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING

F-CANYON FACILITY.'';

(ii) by striking ``(b) Limitation on Use of Funds for Decommissioning F-Canyon Facility.--'';

(iii) by striking ``this or any other Act'' and inserting

``the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398) or any other Act''; and

(iv) by striking ``the Secretary'' in the matter preceding paragraph (1) and inserting ``the Secretary of Energy''.

(12) Subtitle heading on other facilities.--Title XLIX of division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this subsection, is further amended by adding at the end the following new subtitle heading:

``Subtitle C--Other Facilities''.

(13) Payment of costs of operation and maintenance of infrastructure at nevada test site.--Section 3144 of the National Defense Authorization Act for Fiscal Year 1997

(Public Law 104-201; 110 Stat. 2838) is--

(A) transferred to title XLIX of division D of such Act, as amended by this subsection;

(B) redesignated as section 4921; and

(C) inserted after the heading for subtitle C of such title, as added by paragraph (12).

(m) Conforming Amendments.--(1) Title XXXVI of the Bob Stump National Defense Authorization Act for Fiscal Year 2003

(Public Law 107-314; 116 Stat. 1756) is repealed.

(2) Subtitle E of title XXXI of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 7274h et seq.) is repealed.

(3) Section 8905a(d)(5)(A) of title 5, United States Code, is amended by striking ``section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)'' and inserting ``section 4421 of the Atomic Energy Defense Act''.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2004, $19,559,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

______

By Mr. DOMENICI (for himself, Mr. Reid, and Mr. Bingaman):

S. 1051. A bill to direct the Secretary of the Interior to carry out a demonstration program to assess potential water savings through control of Salt Cedar and Russian Olive; to the Committee on Environment and Public Works.

Mr. DOMENICI. Mr. President, I rise today to introduce a piece of legislation that is of paramount importance to the State of New Mexico and many other Western States. This bill will address the mounting pressures brought on by the growing demands throughout the West of a diminishing water supply.

A water crisis has ravaged the West for 4 years. Drought conditions are expected to expand into the upper Midwest this year. Last year snow packs were abnormally low, causing severe drought conditions. Snow pack conditions this year are still low, but marginally better in the Southwest. The rest of the West does not look any more promising.

I know that the seriousness of the water situation in New Mexico becomes more acute every single day. This drought has affected every New Mexican and nearly everyone in the West in some way. Wells are running dry, farmers are being forced to sell livestock, many of our cities are in various stages of conservation and many, many acres have been charred by catastrophic wildfires.

The drought conditions also have other consequences. For example, the lack of stream flow makes it very difficult for New Mexico to meet its compact delivery obligations to the State of Texas.

The bill that I am introducing today deals more specifically with the issue of in-stream water flows. To compound the drought situation, New Mexico is home to a vast amount of salt cedar. Salt cedar is a water-

thirsty non-native tree that continually strips massive amounts of water out of New Mexico's two predominant water supplies--the Pecos and the Rio Grande rivers.

Estimates show that one mature salt cedar tree can consume as much as 200 gallons of water per day; over the growing season that's 7 acre feet of water for each acre of salt cedar. In addition to the excessive water consumption, salt cedars increase fire, increase river channelization and flood frequency, decrease water flow and increase water and soil salinity along the river. Studies indicate that eradication of the salt cedars could increase river flows. Increasing river flows could help alleviate mounting pressure to meet compact delivery obligations--both on the Pecos and the Rio Grande.

The drought and the mounting legal requirements on both the Pecos and Rio Grande rivers are forcing us toward a severe water crisis. Every river in the intermountain West seems to be facing these same problems. Solving such water problems has become one of my top priorities.

I ask unanimous consent that a copy of the bill be printed in the Record.

Mr. REID. Will the Senator yield?

Mr. DOMENICI. I am happy to yield.

Mr. REID. I apologize for interrupting the Senator. I applaud and commend the author of this legislation, with whom I joined, in presenting this legislation.

For the State of Nevada, with the limited agriculture we have, and the very few rivers we have, the tamarisk is removing our agricultural possibilities, our recreational possibilities. If we can figure out a way to get rid of this salt cedar that has been ruining Nevada's rivers for decades now, it will do as much to help the State of Nevada and the environment as any one thing we can do. This will actually improve the environment of the State of Nevada.

I want the record to reflect how much I, on behalf of the State of Nevada, applaud the Senator from New Mexico for offering this legislation.

Mr. DOMENICI. This map which we just showed indicates that your problem is not just yours, my problem is not just mine. All the States that are green on the chart have tamarisk or one of these foreign plants such as salt cedar, that have infested the area, sucking up their water for no good use.

Estimates show that a mature salt cedar tree can consume as much as 200 gallons of water a day over the growing season or 7 acre feet of water for each acre of salt cedar.

In addition to the excessive water consumption, the salt cedar increases fire, increases river channelization, flood frequency, decreases water flow, increases water and soil salinity over the various river basins.

Mr. REID. If I could just say one more thing to my friend from New Mexico, in addition to that, they are not good for shade.

Mr. DOMENICI. They are good for nothing.

Mr. REID. They are not good for birds to nest in. They are just an ugly blight on Nevada's environment.

Mr. DOMENICI. I thank the Senator for joining me.

Mr. DOMENICI. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the bill was ordered to be printed in the Record, as follows:

S. 1051

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

SEC. 1. SHORT TITLE.

This Act may be cited as the `Salt Cedar Control Demonstration Act'.

SEC. 2. DEMONSTRATION PROGRAM.

(a) Assessment.--Not later than 1 year after the date when funds are made available to carry out this section, the Secretary of the Interior (``Secretary'') shall complete an assessment of the extent of Salt Cedar and Russian Olive invasion in the Western United States, past and on-going research on tested and innovative methods to control these phreatophytes, the feasibility of reducing water consumption, methods and challenges in land restoration, estimated costs for all aspects of destruction, biomass removal, land restoration and maintenance, and shall identify long-term management and funding stragtegies that could be implemented by federal, state and private land managers.

(b) Demonstration.--The Secretary will initiate a program of not fewer than 3 projects to demonstrate and evaluate the most effective control methods including at least one project primarily using air-born application of herbicides, at least one project using mechanical removal and at least one project using biocontrol such as goats or insects or any combination thereof. Each demonstration project shall be designed and carried out over time frames and spatial scales large enough to--

(1) monitor and fully document the water saved due to control of Salt Cedar and Russian Oliver infestation and what portions of the saved water returns to surface water supplies and at what rates;

(2) assess the optimum application approach and tools for an array of control methods,

(3) assess all costs and benefits associated with the control methods, land restoration and maintenance,

(4) determine what conditions indicate the need to remove biomass and the optimal methods for disposal or use of biomass;

(5) define appropriate final vegetative states, optimal re-vegetation methods, and methods to prevent regrowth and reintroduction of the invasive species.

(c) Costs.--The total cost of each project may not exceed 7,000,000 dollars including costs of planning, design, implementation, maintenance and monitoring. The Federal share of the costs of any activity funded under this program shall be no more than 65 percent of the total cost. The Secretary may apply the value of in-kind contributions including State Agency provided services to the non-Federal share of the costs.

(d) Cooperation.--The Secretary shall use the expertise of institutions of higher education, state agencies, and soil and water conservation districts that are actively conducting research on or implementing Salt Cedar and Russian Olive control activities and shall cooperate with other federal agencies including the Department of Agriculture, Corp of Engineers, affected states, local units of government, and Indian Tribes.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out the provisions of this Act $50,000,000 for fiscal year 2004, and such sums as are necessary for each fiscal year thereafter.

______

By Mr. NELSON of Florida:

S. 1052. A bill to ensure that recipients of unsolicited bulk commercial electronic mail can identify the sender of such electronic mail, and for other purposes; to the Committee on Commerce, Science, and Transportation.

Mr. NELSON of Florida. Mr. President, unwanted e-mail has become a problem of such gargantuan proportions that today's consumers find it difficult to engage in the normal commerce of e-mail because their e-

mail screen is so cluttered with so many unwanted messages.

Commercially, clearly there is a desirable reason to have commercial messages, but a consumer ought to be able to opt out if that consumer does not want to continue to get those commercial messages. A consumer, particularly, should not have to endure the affront of messages that are clearly inappropriate, including pornographic messages.

It is unbelievable. Yesterday, I was in my Tampa office, and in just one day, in the Tampa office, a U.S. Senate office, we had an e-mail sheet filled with unwanted messages, including pornographic messages. You can imagine if it is happening to a U.S. Senator's e-mail account what is happening across the land.

So today I am introducing legislation that will give the consumer the opportunity to opt out, that will create penalties, both in jail time and fines, for deceptive and untruthful messages, as well as messages that do not have a return address where somebody is masking their identity.

And, Mr. President, we are going to put some teeth in this legislation because we are going to make the infraction of this particular onerous activity of unwanted e-mail an element of the Racketeer Influenced and Corrupt Organizations Act, the RICO Act, which will give prosecutors the tools to go after the criminal enterprise and take the assets of that criminal enterprise that has become such a plague upon the consumers of this Nation who want and desire and, in fact, use a new kind of communication, e-mail.

I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the bill was ordered to be printed in the Record, as follows:

S. 1052

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Ban on Deceptive Unsolicited Bulk Electronic Mail Act of 2003''.

SEC. 2. DECEPTIVE UNSOLICITED ELECTRONIC MAIL.

(a) Violations.--It shall be unlawful for any person to knowingly and intentionally use a computer or computer network to--

(1) falsify or forge electronic mail transmission information or other source, destination, routing, or subject heading information in any manner in connection with the transmission of unsolicited bulk commercial electronic mail through, or into, the computer network of an electronic mail service provider or its subscribers;

(2) transmit an electronic mail message to a recipient who requests not to receive unsolicited bulk commercial electronic mail; or

(3) collect electronic mail addresses from public and private spaces for the purpose of transmitting unsolicited bulk commercial electronic mail.

(b) Penalty.--Any violation of subsection (a) shall be--

(1) considered a predicate offense for the purposes of applying the Racketeering Influenced and Corrupt Organization Act (RICO) (18 U.S.C. 1961 et seq.);

(2) constitute an unfair or deceptive act or practice in violation of section 5(a) of the Federal Trade Commission Act

(15 U.S.C. 45(a)); and

(3) punishable by--

(A) a civil penalty; and

(B) a fine in accordance with title 18, United States Code, or imprisonment for not more than 5 years, or both.

(c) Opportunity to Option Out of Receiving Unsolicited Mail.--Any person sending unsolicited bulk commercial electronic mail shall provide recipients of such electronic mail a clear and conspicuous opportunity to request not to receive future unsolicited electronic mail.

(d) Definitions.--In this section:

(1) Electronic mail message.--The term ``electronic mail message'' means a message sent to an electronic mail address.

(2) Electronic mail address.--The term ``electronic mail address'' means a destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox

(commonly referred to as the ``local part'') and a reference to an Internet domain (commonly referred to as the ``domain part'') to which an electronic mail message can be sent or delivered.

____________________

SOURCE: Congressional Record Vol. 149, No. 71