HR 1588 IH
108th CONGRESS
1st Session
H. R. 1588
To authorize appropriations for fiscal year 2004 for military
activities of the Department of Defense, to prescribe military personnel
strengths for fiscal year 2004, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 3, 2003
Mr. HUNTER (for himself and Mr. SKELTON) (both by request) introduced the
following bill; which was referred to the Committee on Armed Services
A BILL
To authorize appropriations for fiscal year 2004 for military
activities of the Department of Defense, to prescribe military personnel
strengths for fiscal year 2004, and for other purposes.
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. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of contents.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 102. Navy and Marine Corps.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense health program.
Sec. 107. Chemical agents and munitions destruction.
Subtitle B--Multi-Year Contract Authorizations
Sec. 111. Multiyear procurement authority for Navy programs.
Sec. 112. Amendment to multiyear procurement authority for C-130J
aircraft for the Air Force.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Ballistic Missile Defense
Sec. 211. Renewal of authority to assist local communities impacted by
ballistic missile defense system test bed.
Subtitle C--Other Matters
Sec. 221. Rescind the prohibition on research and development of
low-yield nuclear weapons.
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--Environmental Provisions
Sec. 311. Clarify definitions of salvage facilities and salvage services
to include environmental responses and related equipment.
Sec. 312. Authorization for federal participation in wetland mitigation
banks.
Sec. 313. Provision to exempt restoration advisory boards from the
Federal Advisory Committee Act.
Sec. 314. Repeal of military equipment and infrastructure: prevention
and mitigation of corrosion.
Subtitle C--Workplace and Depot Issues
Sec. 321. Repeal of time limitation on exclusion of expenditures on
contracting for depot-level maintenance.
Sec. 322. Exception to competition requirement for depot-level
maintenance and repair.
Sec. 323. Exclude workloads for special access programs from limitations
on the performance of depot-level maintenance of materiel.
Sec. 324. Establishing minimum level of performance of depot-level
maintenance of materiel by federal government personnel or at a
government-owned facility.
Sec. 325. Centers of industrial and technical excellence: extension of
partnership exemption.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2004 limitation on number of non-dual status
technicians.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Repeal of prohibition against regular Navy officers
transferring between line and staff corps in grades above lieutenant
commander.
Sec. 502. Retention of officers serving in health professions to fulfill
active duty service commitments following promotion non-selection.
Sec. 503. Requirement of exemplary conduct.
Subtitle B--Reserve Component Management
Sec. 511. Ready Reserve training requirement.
Sec. 512. Streamline process to continue officers on the Reserve active
status list.
Subtitle C--Military Education and Training
Sec. 521. Authority for the Marine Corps University to award the degree
of Master of Operational Studies.
Sec. 522. Joint professional military education.
Subtitle D--Administrative Matters
Sec. 531. Enhancements to personnel tempo program.
Sec. 532. Consistent time in service retirement criteria.
Subtitle E--Benefits
Sec. 541. Authority to transport remains of retirees who die in military
treatment facilities outside the United States.
Sec. 542. Change family separation housing allowance from an entitlement
to a discretionary allowance.
Sec. 543. Payment of dependent student baggage storage.
Sec. 544. Modification of prohibition on requirement of nonavailability
statement or preauthorization.
Subtitle F--Military Justice Matters
Sec. 551. Technical amendment to the Uniform Code of Military Justice
concerning the offense of drunken operation of a vehicle, aircraft, or
vessel.
Subtitle G--Other Matters
Sec. 561. Basic training requirement for certain members accessed under
a direct entry program.
Sec. 562. Alternate initial military service obligation for persons
accessed under direct entry program.
Sec. 563. Joint warfighting capabilities funding.
Sec. 564. Reappointment of Chairman and Vice-Chairman of the Joint
Chiefs of Staff during national emergency.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2004.
Sec. 602. Housing allowance for each married partner when both are on
sea duty and there are no other dependents.
Sec. 603. Amendment to basic pay for certain commissioned officers with
prior service as an enlisted member or warrant officer.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Increase maximum amount of selective reenlistment bonus.
Sec. 612. Making all warrant officers eligible for accession bonus for
new officers in critical skills.
Sec. 613. Incentive bonus: lateral conversion bonus for converting to
undermanned military occupational specialties.
Sec. 614. Extending hostile fire and imminent danger pay to Reserve
component members on inactive duty.
Sec. 615. Expanded educational assistance authority for cadets and
midshipmen receiving ROTC scholarships.
Sec. 616. Notice and wait provision concerning critical skills retention
bonus.
Sec. 617. Expansion of overseas tour extension incentive program
benefits to officers.
Sec. 618. One-year extension of certain bonus and special pay
authorities for Reserve forces.
Sec. 619. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 620. One-year extension of authorities relating to payment of other
bonuses.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Shipment of a privately owned motor vehicle within the
continental United States.
Subtitle D--Other Matters
Sec. 631. Permit non-scholarship senior ROTC sophomores to voluntarily
contract and receive subsistence allowance.
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Revision of Department of Defense Medicare Eligible Retiree
Health Care Fund to permit more accurate actuarial valuations.
Sec. 702. Applicability of the Federal Advisory Committee Act to the
Pharmacy and Therapeutics Committee.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Milestone authorization of selected defense acquisition
programs.
Sec. 802. Contract closeout.
Sec. 803. Clarification of requirement to buy certain articles from
american sources; exceptions.
Subtitle B--Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Extend use of the Defense Modernization Account for life cycle
cost reduction initiatives.
Sec. 812. Extension and clarification of authority to carry out certain
prototype projects.
Sec. 813. Other transaction authority for modernizing legacy
systems.
Sec. 814. Authority for DoD intelligence components to award personal
service contracts.
Sec. 815. Elimination of subcontract notification requirements.
Sec. 816. Exception for replacement ball bearings and roller bearings to
be used in a component of non-domestic origin.
Sec. 817. Industry assignment program.
Subtitle C--Acquisition-Related Reports and Other Matters
Sec. 821. Elimination of the requirement to furnish written assurances
of technical data conformity.
Sec. 822. Conversions of commercial activities.
Sec. 823. Make permanent the authority to enter into certain personal
services contracts.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense Officers
Sec. 901. Alternative authority for acquisition and improvement of
military housing.
Subtitle B--Space Activities
Sec. 911. Authorize provision of space surveillance network services to
non-United States government entities.
Subtitle C--Reports
Sec. 921. Repeal of various reports required of the Department of
Defense.
Subtitle D--Other Matters
Sec. 931. Combatant commands initiatives fund.
Sec. 932. Consolidating the financial management of facilities in the
national capital region and designated alternate sites.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Payment of full replacement value for personal property
claims.
Sec. 1002. Restoration of authority to enter into 12-month leases at any
time during the fiscal year.
Sec. 1003. Authority to provide reimbursement for cellular telephone
use.
Sec. 1004. Reimbursement for Reserve intelligence support.
Sec. 1005. Increased use of energy cost savings.
Sec. 1006. Allow the Department of Defense to capture all expired funds
from the Military Personnel and Operation and Maintenance Appropriations
Accounts for use in the Foreign Currency Fluctuations Account.
Sec. 1007. Funding for special operations Reserve component personnel
engaged in activities relating to clearance of landmines.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Reimbursement to the Navy for assistance provided in support
of certain ship and shipboard equipment transfers.
Sec. 1012. Vessels stricken from naval vessel register: use for
experimental purposes.
Sec. 1013. Authorize transfer of vessels stricken from the naval vessel
register for use as artificial reefs.
Sec. 1014. Repeal of the Shipbuilding Capability Preservation
Agreement.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extend authority for use of counter drug activities.
Sec. 1022. Department of Defense support for counter-terrorism
activities in the Americas.
Sec. 1023. Expansion and extension of authority to provide additional
support for counter-drug activities.
Subtitle D--Other Department of Defense Provisions
Sec. 1031. Provision of living quarters for certain students.
Sec. 1032. Repeal of required grade for defense attache in France.
Sec. 1033. National Geospatial-Intelligence Agency.
Subtitle E--Other Matters
Sec. 1041. Updating definitions in title 10, United States Code.
Sec. 1042. Improving readiness in providing firefighting services.
Sec. 1043. Documents, historical artifacts, and obsolete or surplus
materiel: loan, donation, or exchange.
Sec. 1044. Authority to ensure demilitarization of significant military
equipment formerly owned by the Department of Defense.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Position vacancy promotion consideration in time of war or
national emergency.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Related to Allies and Friendly Foreign Nations
Sec. 1201. Expansion of authority to conduct the Arctic military
environmental cooperation program.
Sec. 1202. Authority to waive domestic source or content
requirements.
Sec. 1203. Authority to expend funds to recognize superior noncombat
achievements or performance by members of friendly foreign forces and other
foreign nationals.
Sec. 1204. Administrative support and services for foreign liaison
officers.
Sec. 1205. George C. Marshall European Center for Security
Studies.
Sec. 1206. Restrictions on permanent transfer of significant military
equipment.
Sec. 1207. Amendment to authority for acceptance by Asia-Pacific Center
for Security Studies of foreign gifts and donations.
Sec. 1208. Addition of individuals authorized to receive check cashing
and exchanges of foreign currency.
Sec. 1209. Continuation of the regional counterterrorism fellowship
program.
Sec. 1210. Logistics support for friendly nations.
Subtitle B--Other Matters
Sec. 1221. Repeal of the authorization for the establishment of the
Center for the Study of Chinese Military Affairs.
TITLE XIII--HOMELAND SECURITY
Sec. 1301. Sales of chemical and biological defense articles and
services to state and local governments.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition
projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification to carry out certain fiscal year 2002
projects.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition
projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Family housing.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition
projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of 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 and Military Family Housing
Sec. 2801. Streamlining military construction to reduce facility
acquisition and construction cycle time.
Sec. 2802. Increased terms for leases of family housing and other
facilities in foreign countries.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Expanded authority to transfer property at military
installations to be closed to persons who construct or provide military
housing.
Sec. 2812. Acceptance of in-kind consideration for easements.
Sec. 2813. Modification of authority to accept funds to cover
administrative expenses relating to certain real property
transactions.
Sec. 2814. Authority to convey property at military installations to
persons who construct or provide military housing.
Sec. 2815. Increase in threshold for reports to congressional committees
on real property transactions.
Sec. 2816. Contracting with local governments for municipal
services.
Subtitle C--Other Matters
Sec. 2821. Increase authority to lease military family housing in
Italy.
Sec. 2822. Conveyance of Army and Air Force Exchange Service property,
Dallas, Texas.
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, $2,128,485,000.
(2) For missiles, $1,459,462,000.
(3) For weapons and tracked combat vehicles, $1,640,704,000.
(4) For ammunition, $1,309,966,000.
(5) For other procurement, $4,216,854,000.
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, $8,788,148,000.
(2) For weapons, including missiles and torpedoes, $1,991,821,000.
(3) For shipbuilding and conversion, $11,438,984,000.
(4) For other procurement, $4,679,443,000.
(b) MARINE CORPS- Funds are hereby authorized to be appropriated for
fiscal year 2004 for procurement for the Marine Corps in the amount of
$1,070,999,000.
(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 Marine Corps in the amount of $922,355,000.
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, $12,079,360,000.
(2) For missiles, $4,393,039,000.
(3) For procurement of ammunition, $1,284,725,000.
(4) For other procurement, $11,583,659,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2004 for
defense-wide procurement in the amount of $3,691,006,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2004 for
procurement for the Defense Inspector General in the amount of $2,100,000.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2004 for
the Department of Defense for procurement for carrying out health care
programs, projects, and activities of the Department of Defense in the total
amount of $327,826,000.
SEC. 107. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION.
Funds are hereby authorized to be appropriated for fiscal year 2004 for
chemical agents and munitions destruction in the amount of $1,650,076,000
for--
(1) the destruction of lethal chemical weapons 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 material of the United States
that is not covered by section 1412 of such Act.
Subtitle B--Multi-Year Contract Authorizations
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR NAVY PROGRAMS.
(a) MULTI-YEAR CONTRACT 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 multiyear contracts for
procurement of the following:
(3) the Tactical Tomahawk missile.
(4) the Virginia class submarine.
(b) SHIPBUILDER TEAMING- 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) apply to the procurement of Virginia class submarines
under this section.
SEC. 112. AMENDMENT TO MULTIYEAR PROCUREMENT AUTHORITY FOR C-130J AIRCRAFT
FOR THE AIR FORCE.
Section 131(a) of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2475) is amended by striking
`40 C-130J aircraft' and inserting `42 C-130J aircraft'.
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 Armed Forces for research, development, test, and evaluation,
as follows:
(1) For the Army, $9,122,825,000.
(2) For the Navy, $14,106,653,000.
(3) For the Air Force, $20,336,258,000.
(4) For Defense-wide research, development, test, and evaluation,
$18,260,918,000, of which $286,661,000 is authorized for the Director of
Operational Test and Evaluation.
(5) For the Defense Health Program, $65,796,000.
(6) For the Defense Inspector General, $300,000.
Subtitle B--Ballistic Missile Defense
SEC. 211. RENEWAL OF AUTHORITY TO ASSIST LOCAL COMMUNITIES IMPACTED BY
BALLISTIC MISSILE DEFENSE SYSTEM TEST BED.
Section 235(b)(1) of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1041) is amended by striking `for
fiscal year 2002' and inserting `for fiscal years after fiscal year 2001'.
Subtitle C--Other Matters
SEC. 221. RESCIND THE 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 repealed.
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 of the United States 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, $24,965,342,000.
(2) For the Navy, $28,287,690,000.
(3) For the Marine Corps, $3,406,656,000.
(4) For the Air Force, $27,793,931,000.
(5) For the Defense-wide activities, $16,570,847,000.
(6) For the Army Reserve, $1,952,009,000.
(7) For the Naval Reserve, $1,171,921,000.
(8) For the Marine Corps Reserve, $173,952,000.
(9) For the Air Force Reserve, $2,179,188,000.
(10) For the Army National Guard, $4,211,331,000.
(11) For the Air National Guard, $4,402,646,000.
(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,
$212,619,000.
(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 the Defense Health Program, $14,876,887,000.
(22) For Cooperative Threat Reduction programs, $450,800,000.
(23) For Overseas Contingency Operations Transfer Fund,
$50,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2004 for
the use of the Armed Forces of the United States 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, $1,721,507,000.
(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 United States
Soldiers' and Airmen's Home and the Naval Home.
Subtitle B--Environmental Provisions
SEC. 311. CLARIFY DEFINITIONS OF SALVAGE FACILITIES AND SALVAGE SERVICES TO
INCLUDE ENVIRONMENTAL RESPONSES AND RELATED EQUIPMENT.
(a) SALVAGE FACILITIES- Section 7361(a) of title 10, United States Code,
is amended by adding at the end the following new sentence: `Salvage
facilities include, but are not limited to, equipment and gear utilized to
prevent, abate or minimize damage to the environment.'.
(b) SETTLEMENT OF CLAIMS FOR SALVAGE SERVICES- Section 7363 of such title
is amended by adding at the end the following new sentence: `Claims for such
salvage services include, but are not limited to, those for enhanced or
special compensation for services that prevent, abate or minimize damage to
the environment.'.
SEC. 312. AUTHORIZATION FOR FEDERAL PARTICIPATION IN WETLAND MITIGATION
BANKS.
(a) IN GENERAL- Chapter 159 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 2697. Authorization for Federal participation in wetland mitigation
banks
`The Secretary of a military department engaged in any activity resulting,
or which may result, in the destruction of or impacts to wetlands is
authorized to make payments to wetland mitigation banking programs and
consolidated user sites (`in-lieu-fee' programs) that have been 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 Clean Water
Act and Section 10 of the Rivers and Harbors Act as an alternative to creating
a wetland for mitigation on Federal property for construction projects. These
payments may be included as eligible project costs for military
construction.'.
(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. Authorization for Federal participation in wetland mitigation
banks.'.
SEC. 313. PROVISION TO EXEMPT RESTORATION ADVISORY BOARDS FROM THE FEDERAL
ADVISORY COMMITTEE ACT.
Section 2705 (d)(2) of chapter 160 of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
`(C) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
any restoration advisory board established by the Secretary pursuant to this
subsection.'.
SEC. 314. REPEAL OF MILITARY EQUIPMENT AND INFRASTRUCTURE: PREVENTION AND
MITIGATION OF CORROSION.
(a) IN GENERAL- Section 2228 of title 10, United States Code, is
repealed.
(b) CLERICAL AMENDMENT- The table of sections for chapter 131 of this
title is amended by striking the item relating to section 2228.
Subtitle C--Workplace and Depot Issues
SEC. 321. REPEAL OF TIME LIMITATION ON EXCLUSION OF EXPENDITURES ON
CONTRACTING FOR DEPOT-LEVEL MAINTENANCE.
Section 2474(f)(2) of title 10, United States Code, is amended by striking
`for fiscal years 2002 through 2005'.
SEC. 322. EXCEPTION TO COMPETITION REQUIREMENT FOR DEPOT-LEVEL MAINTENANCE
AND REPAIR.
Section 2469 of title 10, United States Code, is amended by inserting at
the end the following new subsection (d):
`(d) EXCEPTIONS- This section shall not apply with respect to depot-level
maintenance and repair workload that is the subject of a public-private
partnership entered into pursuant to section 2474(b) of this title
provided--
`(1) competition is sought to select the source that will partner with
the depot to perform the workload;
`(2) the payment requests made by the partnership for work performed
reflect the full cost to the Government of resources used by the depot for
providing services, which shall include costs of resources used, but not
paid for, by the depot;
`(3) the portion of the payment received by the partnership that is
necessary to cover the full cost of performance by the depot, as required by
paragraph (2), is transferred to the General fund in the Treasury to the
extent the payment is reimbursing the depot for federal resources the depot
has used, but not paid for, in performing its work;
`(4) in accordance with applicable contracting procedures, the customer
agency is not charged for any effort undertaken by the partnership to
correct performance deficiencies; and
`(5) the depot does not charge its partner contractor for any effort the
depot undertakes to correct performance deficiencies under the
contract.'.
SEC. 323. EXCLUDE WORKLOADS FOR SPECIAL ACCESS PROGRAMS FROM LIMITATIONS ON
THE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE OF MATERIEL.
Section 2466(d) of title 10, United States Code, is amended to read as
follows:
`(d) EXCEPTIONS- Subsection (a) shall not apply with respect to--
`(1) the Sacramento Army Depot, Sacramento, California; and
`(2) workloads for special access programs.'.
SEC. 324. ESTABLISHING MINIMUM LEVEL OF PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE OF MATERIEL BY FEDERAL GOVERNMENT PERSONNEL OR AT A GOVERNMENT-OWNED
FACILITY.
(a) ESTABLISHING MINIMUM LEVEL- Section 2466(a) of title 10, United States
Code, is amended to read as follows:
`(a) ALLOCATION OF WORKLOAD PERCENTAGE- At least 50 percent of the funds
made available in a fiscal year to a military department or a Defense Agency
for depot-level maintenance and repair workload shall be used for the
performance of such workload for the military department or the Defense Agency
by Federal Government personnel or at a Government-owned facility.'.
(b) CONFORMING AMENDMENT- Section 2474(f)(1) of such title is amended by
striking `percentage limitation' and inserting `allocation of workload
percentage'.
SEC. 325. CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE: EXTENSION OF
PARTNERSHIP EXEMPTION.
Section 2474(f)(1) of title 10, United States Code, is amended by striking
`at' and inserting `for'.
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:
(3) The Marine Corps, 175,000.
(4) The Air Force, 359,300.
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 increased
proportionately 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, in the
case of members of the National Guard, full-time National Guard duty for the
purpose of organizing, administering, recruiting, instructing, or training the
reserve components:
(1) The Army National Guard of the United States, 25,386.
(2) The Army Reserve, 14,374.
(3) The Naval Reserve, 14,384.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 12,140.
(6) The Air Force Reserve, 1,660.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The Reserve Components of the Army and the Air Force are authorized
strengths for military technicians (dual status) as of September 30, 2004, as
follows:
(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 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
The number of civilian employees who are non-dual status technicians of a
reserve component of the Army or Air Force as of September 30, 2004, may not
exceed the following:
(1) For the Army Reserve, 895.
(2) For the Army National Guard of the United States, 1,600.
(3) For the Air Force Reserve, 90.
(4) For the Air National Guard of the United States, 350.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. REPEAL OF PROHIBITION AGAINST REGULAR NAVY OFFICERS TRANSFERRING
BETWEEN LINE AND STAFF CORPS IN GRADES ABOVE LIEUTENANT COMMANDER.
(a) REPEAL- Section 5582 of title 10, United States Code, is repealed.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
539 of such title is amended by striking the item relating to section 5582.
SEC. 502. RETENTION OF OFFICERS SERVING IN HEALTH PROFESSIONS TO FULFILL
ACTIVE DUTY SERVICE COMMITMENTS FOLLOWING PROMOTION NON-SELECTION.
(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 on the date on which he is to be discharged under paragraph (1)
a medical officer or dental officer or an officer appointed in a medical
skill other than as a medical officer or dental officer (as defined in
regulations prescribed by the Secretary of Defense) has yet to complete a
period of active duty service obligation incurred under section 2005, 2114,
2123, or 2603 of this title, he shall be retained on active duty until
completion of such service obligation, unless the Secretary concerned
determines that completion of the active duty obligation is not in the best
interest of the military department.'.
(b) TECHNICAL AMENDMENT- Such subsection is further amended by striking
`clause (1)' in paragraph (3) and inserting `paragraph (1)'.
SEC. 503. REQUIREMENT OF EXEMPLARY CONDUCT.
(a) IN GENERAL- Chapter 3 of title 10, United States Code, is amended by
inserting after section 121 the following new section:
`Sec. 121a. Requirement of exemplary conduct
`All commanding officers and others in authority in the Department of
Defense are required--
`(1) to show in themselves a good example of virtue, honor, patriotism,
and subordination;
`(2) to be vigilant in inspecting the conduct of all persons who are
placed under their command or charge;
`(3) to guard against and to suppress all dissolute and immoral
practices and to correct, according to applicable laws and regulations, all
persons who are guilty of them; and
`(4) to take all necessary and proper measures, under the laws,
regulations, and customs applicable to the armed forces, to promote and
safeguard the morale, the physical well-being, and the general welfare of
the officers, enlisted persons, and civilian persons under their command or
charge.'.
(b) CONFORMING AND CLERICAL AMENDMENTS- (1) The table of sections at the
beginning of such chapter is amended by inserting after the item relating to
section 121 the following new item:
`121a. Requirement of exemplary conduct.'.
(2) Title 10 is further amended as follows:
(A)(i) Section 3583 is repealed.
(ii) The table of sections at the beginning of chapter 345 is amended by
striking the item relating to section 3583.
(B)(i) Section 5947 is repealed.
(ii) The table of sections at the beginning of chapter 551 is amended by
striking the item relating to section 5947.
(C)(i) Section 8583 is repealed.
(ii) The table of sections at the beginning of chapter 845 is amended by
striking the item relating to section 8583.
Subtitle B--Reserve Component Management
SEC. 511. READY RESERVE TRAINING REQUIREMENT.
Subsection (a) of section 10147 of title 10, United States Code, is
amended to read as
follows:
`(a) Except as specifically provided in regulations to be prescribed by
the Secretary of Defense, or by the Secretary of Homeland Security with
respect to the Coast Guard when it is not operating as a service in the Navy,
each person who is enlisted, inducted, or appointed in an armed force, and who
becomes a member of the Ready Reserve under any provision of law except
section 513 or 10145(b) of this title, shall be required, while in the Ready
Reserve, to participate in a combination of drills, training periods or active
duty equivalent to 38 days, exclusive of travel, during each year.'.
SEC. 512. STREAMLINE PROCESS TO CONTINUE OFFICERS ON THE RESERVE ACTIVE
STATUS LIST.
(a) CONTINUATION- Section 14701 of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking `by a selection board convened under
section 14101(b) of this title' and inserting `under regulations
prescribed by the Secretary concerned';
(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 AMENDMENT- 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.
Subtitle C--Military Education and Training
SEC. 521. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD THE DEGREE OF
MASTER OF OPERATIONAL STUDIES.
Section 7102 of title 10, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and (e),
respectively; and
(2) by inserting after subsection (b) the following new subsection
(c):
`(c) COMMAND AND STAFF COLLEGE OF THE MARINE CORPS UNIVERSITY- Upon the
recommendation of the Director and faculty of the Command and Staff College of
the Marine Corps University, the President of the Marine Corps University may
confer the degree of master of operational studies upon graduates of the
Command and Staff College's School of Advanced Warfighting who fulfill the
requirements for that degree.'.
SEC. 522. JOINT PROFESSIONAL MILITARY EDUCATION.
Section 663(e) of title 10, United States Code, is repealed.
Subtitle D--Administrative Matters
SEC. 531. ENHANCEMENTS TO PERSONNEL TEMPO PROGRAM.
(a) REVISIONS TO DEPLOYMENT LIMITS AND AUTHORITY TO AUTHORIZE EXEMPTIONS-
Section 991(a) of title 10, United States Code, is amended to read as
follows:
`(a) SERVICE AND GENERAL OR FLAG OFFICER RESPONSIBILITIES- The deployment
(or potential deployment) of a member of the armed forces shall be managed to
ensure 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 730 days would exceed 400, or a lower threshold as approved by
the Under Secretary of Defense for Personnel and Readiness. The member may be
deployed, or continued in a deployment, without regard to the preceding
sentence if such deployment, or continued deployment, is approved by a member
of the Senior Executive Service or the first general or flag officer
(including officers in the grade of 0-6 in such positions already selected for
general or flag rank) in the member's chain of command.'.
(b) CHANGES TO HIGH-DEPLOYMENT ALLOWANCE- Section 436 of title 37, United
States Code, is amended--
(1) by amending subsection (a) to read as follows:
`(a) MONTHLY ALLOWANCE REQUIRED- The Secretary of the military department
concerned shall pay a high-deployment allowance to a member of the armed
forces under the Secretary's jurisdiction for each month during which the
member--
`(2) has, as of that day, been deployed for either or both of the
following periods:
`(A) 401 or more days out of the preceding 730 days (or at a lower
threshold as approved by the Under Secretary of Defense for Personnel and
Readiness); or
`(B) 191 or more consecutive days (or for a lower threshold as
approved by the Under Secretary of Defense for Personnel and
Readiness).';
(2) by amending subsection (c) to read as follows:
`(c) MAXIMUM RATE- The maximum monthly rate of the allowance payable to a
member under this section is $1,000.';
(3) in subsection (e), by striking `per diem' and inserting
`allowance';
(A) by striking `per diem' and inserting `allowance'; and
(B) by striking `day on' and inserting `month during'; and
(5) by adding at the end the following new subsection:
`(g) EXCLUDED BILLETS- The Secretary concerned may exclude selected
billets from eligibility for the high-deployment allowance upon approval by
the Under Secretary of Defense for Personnel and Readiness. A billet may only
be excluded on a prospective basis once the current incumbent has vacated that
billet.'.
(c) CHANGES TO REPORTING REQUIREMENT- Section 487(b)(5) of title 10,
United States Code, is amended to read as follows:
`(5) For each of the armed forces, the description shall indicate the
number of members who received the high-deployment allowance, the total number
of months for which the allowance was paid to members, and the total amount
spent on the allowance.'.
(d) CLERICAL AMENDMENTS- (1) The heading of section 436 of title 37,
United States Code, is amended to read as follows:
`Sec. 436. Monthly high-deployment allowance for lengthy or numerous
deployments';
(2) The item relating to that section in the table of sections at the
beginning of chapter 7
of such title is amended to read as follows:
`436. Monthly high-deployment allowance for lengthy or numerous
deployments.'.
SEC. 532. CONSISTENT TIME IN SERVICE RETIREMENT CRITERIA.
(a) Officers in Regular Navy or Marine Corps Who Completed 40 Years of
Active Service- Section 6321(a) of title 10, United States Code, is amended by
striking `after completing 40 or more years' and inserting `and has at least
40 years'.
(b) Officers in Regular Navy or Marine Corps Who Completed 30 Years of
Active Service- Section 6322(a) of such is amended by striking `after
completing 30 or more years' and inserting `and has at least 30 years'.
(c) Officers in Navy or Marine Corps Who Completed 20 Years of Active
Service- Section 6323(a)(1) of such title is amended by striking `after
completing more than 20 years' and inserting `and has at least 20 years'.
(d) Enlisted Members in Regular Navy or Marine Corps Who Completed 30
Years of Active Service- Section 6326(a) of such title is amended by striking
`after completing 30 or more years' and inserting `and has at least 30
years'.
(e) TRANSFER OF ENLISTED MEMBERS TO THE FLEET RESERVE AND FLEET MARINE
CORPS RESERVE- Section 6330(b) of such title is amended by striking `who has
completed 20 or more years' both places it appears and inserting `and has at
least 20 years'.
(f) TRANSFER OF MEMBERS OF THE FLEET RESERVE AND FLEET MARINE CORPS
RESERVE TO THE RETIRED LIST- Section 6331(a) of such title is amended by
striking `completed 30 years' and inserting `has at least 30 years'.
(g) EFFECTIVE DATE- The Secretary of the Navy may determine the effective
date of the amendments made by this section.
Subtitle E--Benefits
SEC. 541. AUTHORITY TO TRANSPORT REMAINS OF RETIREES WHO DIE IN MILITARY
TREATMENT FACILITIES OUTSIDE THE UNITED STATES.
(a) AUTHORIZE TRANSPORT OUTSIDE THE UNITED STATES- Section 1490 of title
10, United States Code, is amended--
(1) in subsection (a), by striking `located in the United States';
and
(2) in subsection (b)(1), by striking `outside the United States or to a
place'.
(b) CONFORMING AMENDMENT- Subsection (c) of such section is amended to
read as follows:
`(c) In this section, the term `dependent' has the meaning given such term
in section 1072(2) of this title.'.
SEC. 542. CHANGE FAMILY SEPARATION HOUSING ALLOWANCE FROM AN ENTITLEMENT TO
A DISCRETIONARY ALLOWANCE.
Section 403(d)(1) of title 37, United States Code, is amended by striking
`is entitled to' and inserting `may be paid, at the discretion of the
Secretary concerned,'.
SEC. 543. PAYMENT OF DEPENDENT STUDENT BAGGAGE STORAGE.
Section 430(b)(2) of title 37, United States Code, is amended by striking
`during the dependent's annual trip between the school and the member's duty
station' and inserting `one time per fiscal year'.
SEC. 544. MODIFICATION OF PROHIBITION ON REQUIREMENT OF NONAVAILABILITY
STATEMENT OR PREAUTHORIZATION.
Section 721 of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (Public Law 106-398; 114 Stat. 1654A-184), as enacted into
law by Public Law 106-398, and as amended by Public Law 107-107, is hereby
repealed.
Subtitle F--Military Justice Matters
SEC. 551. TECHNICAL AMENDMENT TO THE UNIFORM CODE OF MILITARY JUSTICE
CONCERNING THE OFFENSE OF DRUNKEN OPERATION OF A VEHICLE, AIRCRAFT, OR
VESSEL.
Section 911 of title 10, United States Code, is amended to read as
follows:
`Sec. 911. Drunken or reckless operation of a vehicle, aircraft, or
vessel
`(a) Any person subject to this chapter who--
`(1) operates or physically controls any vehicle, aircraft, or vessel in
a reckless or wanton manner or while impaired by a substance described in
section 912a(b) of this title, or
`(2) operates or is in actual physical control of any vehicle, aircraft,
or vessel while drunk or when the alcohol concentration in the person's
blood or breath is at or above the level prohibited under subsection (b), as
shown by chemical analysis, shall be punished as a court-martial may
direct.
`(b)(1) For purposes of subsection (a), the applicable limit on the
alcohol concentration in a person's blood or breath is as follows:
`(A) In the case of the operation or control of a vehicle, aircraft, or
vessel in the -United States, the level is the blood or breath alcohol
concentration prohibited 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, and subject to the
prohibited alcohol concentration level specified in paragraph (3).
`(B) In the case of the operation or control of a vehicle, aircraft, or
vessel outside the United States, the level is the blood alcohol
concentration specified in paragraph (3) or such lower level as the
Secretary of Defense may by regulation prescribe.
`(2) In the case of a military installation that is in more than one
State, if those States have different levels for defining their prohibited
blood alcohol concentrations under their respective State laws, the Secretary
concerned for the installation may select one such level to apply uniformly on
that installation.
`(3) For purposes of paragraph (1), the level of alcohol concentration
prohibited in a person's blood is 0.10 grams or more of alcohol per 100
milliliters of blood and with respect to a person's breath is 0.10 grams or
more of alcohol per 210 liters of breath, as shown by chemical analysis.
`(4) In this subsection, the term `United States' included the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
American Samoa and
the term `State' includes each of those jurisdictions.'.
Subtitle G--Other Matters
SEC. 561. BASIC TRAINING REQUIREMENT FOR CERTAIN MEMBERS ACCESSED UNDER A
DIRECT ENTRY PROGRAM.
Paragraph (1) of section 671(c) of title 10, United States Code, is
amended to read as follows:
`(1) Under regulations prescribed under paragraph (2), a period of basic
training (or equivalent training) shorter than 12 weeks may be established
by the Secretary concerned for members of the armed forces who--
`(A) have been credentialed in a medical profession or occupation and
are serving in a health-care occupational specialty; or
`(B) have been accessed into a direct entry program established by the
Secretary concerned based on unique skills acquired in a civilian
occupation.
Any such period shall be established under regulations prescribed under
paragraph (2) and may be established notwithstanding section 4(a) of the
Military Selective Service Act (50 U.S.C. App. 454(a)).'.
SEC. 562. ALTERNATE INITIAL MILITARY SERVICE OBLIGATION FOR PERSONS ACCESSED
UNDER DIRECT ENTRY PROGRAM.
Subsection (a) of section 651 of title 10, United States Code, is amended
to read as follows:
`(a)(1) Each person who becomes a member of an armed force, other than a
person described in paragraph (2), shall serve in the armed forces for a total
initial period of not less than six years nor more than eight years, as
provided in regulations prescribed by the Secretary of Defense for the armed
forces under his jurisdiction and by the Secretary of Homeland Security for
the Coast Guard when it is not operating as a service in the Navy, unless such
person is sooner discharged under such regulations because of personal
hardship. Any part of such service that is not active duty or that is active
duty for training shall be performed in a reserve component.
`(2) A person is not subject to paragraph (1) if that person--
`(A) deferred under the next to the last sentence of section 6(d)(1) of
the Military Selective Service Act (50 U.S.C. App. 456(d)(1)); or
`(B) accessed into a direct entry program established by the Secretary
concerned based on unique skills acquired in a civilian occupation.'.
SEC. 563. JOINT WARFIGHTING CAPABILITIES FUNDING.
Section 166a(b) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
`(10) Joint warfighting capabilities.'.
SEC. 564. REAPPOINTMENT OF CHAIRMAN AND VICE-CHAIRMAN OF THE JOINT CHIEFS OF
STAFF DURING NATIONAL EMERGENCY.
(a) REAPPOINTMENT OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF- Section
152(a) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking `in time of war' and inserting `in
time of war or during a national emergency declared by the President or
Congress'; and
(2) in paragraph (3), by striking `in time of war' and inserting `in
time of war or during a national emergency declared by the President or
Congress'.
(b) REAPPOINTMENT OF THE VICE-CHAIRMAN OF THE JOINT CHIEFS OF STAFF-
Paragraph (3) of section 154(a) of such title is amended by striking `in time
of war' and inserting `in time of war or during a national emergency declared
by the President or Congress'.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2004.
(a) WAIVER OF SECTION 1009 ADJUSTMENT- The adjustment to become effective
during fiscal year 2004 required by section 1009 of title 37, United States
Code, in the rates of monthly basic pay authorized members of the uniformed
services shall not be made.
(b) INCREASE IN BASIC PAY FOR MEMBERS OF ARMED FORCES- Effective on
January 1, 2004, the rates of monthly basic pay for members of the armed
forces within each pay grade are as follows:
COMMISSIONED OFFICERS 1
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------
O-10 2 $0.00 $0.00 $0.00 $0.00 $0.00
O-9 0.00 0.00 0.00 0.00 0.00
O-8 7,751.10 8,004.90 8,173.20 8,220.60 8,430.30
O-7 6,440.70 6,739.80 6,878.40 6,988.50 7,187.40
O-6 4,773.60 5,244.30 5,588.40 5,588.40 5,609.70
O-5 3,979.50 4,482.90 4,793.40 4,851.60 5,044.80
O-4 3,433.50 3,974.70 4,239.90 4,299.00 4,545.30
O-3 3 3,018.90 3,422.40 3,693.90 4,027.20 4,220.10
O-2 3 2,595.60 2,956.50 3,405.00 3,519.90 3,592.50
O-1 3 2,253.60 2,345.10 2,834.70 2,834.70 2,834.70
Over 8 Over 10 Over 12 Over 14 Over 16
O-10 2 $0.00 $0.00 $0.00 $0.00 $0.00
O-9 0.00 0.00 0.00 0.00 0.00
O-8 8,781.90 8,863.50 9,197.10 9,292.80 9,579.90
O-7 7,384.20 7,611.90 7,839.00 8,066.70 8,781.90
O-6 5,850.00 5,882.10 5,882.10 6,216.30 6,807.30
O-5 5,161.20 5,415.90 5,602.80 5,844.00 6,213.60
O-4 4,809.30 5,137.80 5,394.00 5,571.60 5,673.60
O-3 3 4,431.60 4,568.70 4,794.30 4,911.30 4,911.30
O-2 3 3,592.50 3,592.50 3,592.50 3,592.50 3,592.50
O-1 3 2,834.70 2,834.70 2,834.70 2,834.70 2,834.70
Over 18 Over 20 Over 22 Over 24 Over 26
O-10 2 $0.00 $12,524.70 $12,586.20 $12,847.80 $13,303.80
O-9 0.00 10,954.50 11,112.30 11,340.30 11,738.40
O-8 9,995.70 10,379.10 10,635.30 10,635.30 10,635.30
O-7 9,386.10 9,386.10 9,386.10 9,386.10 9,433.50
O-6 7,154.10 7,500.90 7,698.30 7,897.80 8,285.40
O-5 6,389.70 6,563.40 6,760.80 6,760.80 6,760.80
O-4 5,733.00 5,733.00 5,733.00 5,733.00 5,733.00
O-3 3 4,911.30 4,911.30 4,911.30 4,911.30 4,911.30
O-2 3 3,592.50 3,592.50 3,592.50 3,592.50 3,592.50
O-1 3 2,834.70 2,834.70 2,834.70 2,834.70 2,834.70
----------------------------------------------------------------
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
------------------------------------------------------------
ENLISTED MEMBERS 1
Years of service computed under section 205 of title 37, United States Code
------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------
E-9 2 $0.00 $0.00 $0.00 $0.00 $0.00
E-8 0.00 0.00 0.00 0.00 0.00
E-7 2,145.00 2,341.20 2,430.60 2,549.70 2,642.10
E-6 1,855.50 2,041.20 2,131.20 2,218.80 2,310.00
E-5 1,700.10 1,813.50 1,901.10 1,991.10 2,130.60
E-4 1,558.20 1,638.30 1,726.80 1,814.10 1,891.50
E-3 1,407.00 1,495.50 1,585.50 1,585.50 1,585.50
E-2 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40
E-1 3 1,086.00 0.00 0.00 0.00 0.00
Over 8 Over 10 Over 12 Over 14 Over 16
E-9 2 $0.00 $3,769.20 $3,854.70 $3,962.40 $4,089.30
E-8 3,085.50 3,222.00 3,306.30 3,407.70 3,517.50
E-7 2,801.40 2,891.10 2,980.20 3,139.80 3,219.60
E-6 2,516.10 2,596.20 2,685.30 2,763.30 2,790.90
E-5 2,250.90 2,339.70 2,367.90 2,367.90 2,367.90
E-4 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50
E-3 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50
E-2 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40
E-1 3 1,173.90 1,173.90 1,173.90 1,173.90 1,173.90
Over 18 Over 20 Over 22 Over 24 Over 26
E-9 2 $4,216.50 $4,421.10 $4,594.20 $4,776.60 $5,054.70
E-8 3,715.50 3,815.70 3,986.40 4,081.20 4,314.30
E-7 3,295.50 3,341.70 3,498.00 3,599.10 3,855.00
E-6 2,809.80 2,809.80 2,809.80 2,809.80 2,809.80
E-5 2,367.90 2,367.90 2,367.90 2,367.90 2,367.90
E-4 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50
E-3 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50
E-2 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40
E-1 3 1,173.90 1,173.90 1,173.90 1,173.90 1,173.90
------------------------------------------------------------
(c) INCREASE IN BASIC PAY FOR MEMBERS OF THE UNIFORMED SERVICES NOT IN THE
ARMED FORCES- Effective on January 1, 2004, the monthly basic pay for members
of the uniformed services not in the armed forces is increased by 2.0
percent.
SEC. 602. HOUSING ALLOWANCE FOR EACH MARRIED PARTNER WHEN BOTH ARE ON SEA
DUTY AND THERE ARE NO OTHER DEPENDENTS.
Subparagraph (C) of subsection 403(f)(2) of title 37, United States Code,
is amended to read as follows:
`(C) Notwithstanding section 421 of this title, two members of the
uniformed services in a pay grade below pay grade E-6 who are married to each
other, have no other dependents, and are simultaneously assigned to sea duty
are each entitled to a basic allowance for housing during the period of such
simultaneous sea duty. The amount of each member's allowance shall be based on
the without dependents rate for the pay grade of the member.'.
SEC. 603. AMENDMENT TO BASIC PAY FOR CERTAIN COMMISSIONED OFFICERS WITH
PRIOR SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER.
Section 203(d)(2) of title 37, United States Code, is amended to read as
follows:
`(2) Service to be taken into account for purposes of computing basic pay
under paragraph (1) is as follows:
`(A) Active service as a warrant officer or as a warrant officer and an
enlisted member.
`(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.'.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. INCREASE MAXIMUM AMOUNT OF SELECTIVE REENLISTMENT BONUS.
Section 308(a)(2)(B) of title 37, United States Code, is amended by
striking `$60,000' and inserting `$90,000'.
SEC. 612. MAKING ALL WARRANT OFFICERS ELIGIBLE FOR ACCESSION BONUS FOR NEW
OFFICERS IN CRITICAL SKILLS.
Section 324 of title 37, United States Code, is amended--
(1) in subsection (a), by inserting `or an appointment' after
`commission'; and
(2) in subsection (f), by inserting `or an appointment' after
`commission'.
SEC. 613. INCENTIVE BONUS: LATERAL CONVERSION BONUS FOR CONVERTING TO
UNDERMANNED MILITARY OCCUPATIONAL SPECIALTIES.
(a) BONUS AUTHORIZED- Chapter 5 of title 37, United States Code, is
amended by adding at the end the following new section:
`Sec. 326. Incentive bonus: lateral conversion bonus for converting to
undermanned military occupational specialties
`(a) Authority and Eligibility Requirements-
`(1) The Secretary concerned may pay a bonus to a member of the armed
forces who agrees to serve in a military occupational specialty, rating or
other military specialty defined by the member's armed force, that is
designated by the Secretary concerned as undermanned for purposes of this
bonus.
`(2) A bonus may only be paid under this section to a member who--
`(A) is entitled to basic pay;
`(B) is serving in pay grade E-6 (with less than 10 years of service)
or E-5 and below (regardless of years of service); and
`(C) agrees to serve for a period of not less than two years in a
military occupational specialty, rating or other military specialty
designated by the Secretary concerned as undermanned for the purposes of
this bonus.
`(b) Amount and Payment of Bonus-
`(1) A bonus under this section may not exceed $4,000.
`(2) Any bonus payable under this section shall be disbursed in one lump
sum payment when the member's conversion to the new military specialty is
approved by the personnel chief of the member's armed force, or his
designee.
`(c) 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.
`(1) A member who receives a bonus payment under this section and who
voluntarily or through misconduct, fails to serve for the required period in
the undermanned military occupational specialty, rating or other military
specialty defined by the armed force for which the bonus was paid, shall
refund to the United States an amount that bears the same ratio to the
amount of the bonus paid to the member as the period that the member failed
to serve bears to the total period for which the bonus was paid.
`(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 service for which a bonus was paid under
this section shall not discharge the person receiving such bonus payment
from the debt arising under paragraph (1).
`(4) Under regulations prescribed pursuant to subsection (e), the
Secretary concerned may waive, in whole or in part, an obligation to
reimburse the United States imposed under paragraph (1) when the Secretary
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
`(e) 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.
`(f) TERMINATION OF BONUS AUTHORITY- No bonus may be paid under this
section with respect to any lateral conversion approved after September 30 of
the third fiscal year that began after the date of enactment of this
section.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`326. Incentive bonus: lateral conversion bonus for converting to
undermanned military occupational specialties.'.
SEC. 614. EXTENDING HOSTILE FIRE AND IMMINENT DANGER PAY TO RESERVE
COMPONENT MEMBERS ON INACTIVE DUTY.
Section 310 of title 37, United States Code, is amended--
(1) in subsection (a), by inserting `under section 204, or to
compensation under section 206 (as provided in subsection (b)(2)), of this
title,' after `basic pay'; and
(2) in subsection (b)(2), by inserting `, including a member who is
entitled to compensation under section 206 of this title if performing
inactive duty in an area that has not been designated as an imminent danger
area or has not been under hostile fire but comes under hostile fire or an
explosion of hostile mines during such inactive duty for training period,'
after `reserve component'.
SEC. 615. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR CADETS AND
MIDSHIPMEN RECEIVING ROTC SCHOLARSHIPS.
(a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE ON ACTIVE DUTY- Section
2107(c) of title 10, United States Code, is amended by adding at the end the
following new paragraph:
`(3)(A) In the case of any cadet or midshipman eligible to receive
financial assistance as provided under paragraph (1) or (2), the Secretary
of the military department concerned may pay room and board expenses for
such cadet or midshipman, and other expenses required by the educational
institution, in lieu of all or part of the financial assistance described in
paragraph (1).
`(B) The total amount of financial assistance, including the payment of
room and board and other educational expenses, provided to a cadet or
midshipman in an academic year under this subsection may not exceed an
amount equal to the amount that could be provided as financial assistance
for such cadet or midshipman under paragraph (1) or (2), or other amount
determined by the Secretary concerned, without regard to whether room and
board and other educational expenses for such cadet or midshipman are paid
under this paragraph.'.
(b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE IN TROOP PROGRAM UNITS-
Section 2107a(c) of such title is amended--
(1) by inserting `(1)' after `(c)'; and
(2) by adding at the end the following new paragraph:
`(2)(A) In the case of any cadet eligible to receive financial
assistance as provided under paragraph (1), the Secretary of the military
department concerned may pay room and board expenses for such cadet, and
other expenses required by the educational institution, in lieu of all or
part of the financial assistance described in paragraph (1).
`(B) The total amount of financial assistance, including the payment of
room and board and any other educational expenses, provided to a cadet in an
academic year under this subsection may not exceed an amount equal to the
amount that could be provided as financial assistance for such cadet under
paragraph (1), or other amount determined by the Secretary of the Army,
without regard to whether the room and board and other educational expenses
for such cadet are paid under this paragraph.'.
SEC. 616. NOTICE AND WAIT PROVISION CONCERNING CRITICAL SKILLS RETENTION
BONUS.
Section 323(b) of title 37, United States Code, is amended by striking
paragraph (2).
SEC. 617. EXPANSION OF OVERSEAS TOUR EXTENSION INCENTIVE PROGRAM BENEFITS TO
OFFICERS.
(a) Rest and Recuperative Absence-
(1) Section 705 of title 10, United States Code, is amended--
(A) by striking `enlisted' in the section heading; and
(B) in subsection (a), by striking `an enlisted' and inserting
`a'.
(2) The item relating to such section in the table of sections at the
beginning of chapter 40 of such title is amended to read as follows:
`705. Rest and recuperative absence for qualified members extending duty
at designated locations overseas.'.
(b) Special Pay or Bonus-
(1) Section 314 of title 37, United States Code, is amended--
(A) by striking `enlisted' in the section heading;
(B) in subsection (a), by striking `an enlisted' and inserting `a';
and
(C) in subsection (b), by striking `an enlisted' and inserting
`a'.
(2) 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.'.
SEC. 618. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES
FOR RESERVE FORCES.
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME
SPECIALTIES- Section 302g(f) of title 37, United States Code, is amended by
striking out `December 31, 2003' and inserting `December 31, 2004'.
(b) SELECTED RESERVE REENLISTMENT BONUS- Section 308b(f) of such title is
amended by striking out `December 31, 2003' and inserting `December 31,
2004'.
(c) SELECTED RESERVE ENLISTMENT BONUS- Section 308c(e) of such title is
amended by striking out `December 31, 2003' and inserting `December 31,
2004'.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY
UNITS- Section 308d(c) of such title is amended by striking out `December 31,
2003' and inserting `December 31, 2004'.
(e) SELECTED RESERVE AFFILIATION BONUS- Section 308e(e) of such title is
amended by striking `December 31, 2001' and inserting `December 31, 2004'.
(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS- Section 308h(g) of
such title is amended by striking `December 31, 2003' and inserting `December
31, 2004'.
(g) PRIOR SERVICE REENLISTMENT BONUS- Section 308i(f) of such title is
amended by striking `December 31, 2003' and inserting `December 31, 2004'.
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH PROFESSIONALS WHO
SERVE IN THE SELECTED RESERVE- Section 16302(d) of title 10, United States
Code, is amended by striking `January 1, 2004' and inserting `January 1,
2005'.
SEC. 619. 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. 620. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER
BONUSES.
(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- Section 309(e) of such title is amended by striking
`December 31, 2003' and inserting `December 31, 2004'.
(d) RETENTION BONUS FOR MEMBERS QUALIFIED IN A CRITICAL MILITARY SKILL-
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'.
Subtitle C--Travel and Transportation Allowances
SEC. 621. SHIPMENT OF A PRIVATELY OWNED MOTOR VEHICLE WITHIN THE CONTINENTAL
UNITED STATES.
(a) AUTHORITY TO PROCURE CONTRACT FOR TRANSPORTATION OF MOTOR VEHICLE-
Section 2634 of title 10, United States Code, is amended by adding at the end
the following new subsection:
`(i) In the case of a change of permanent station described in clause (A)
or (B) of subsection (h)(1) of this section, the Secretary concerned may
authorize the member to arrange shipment of the motor vehicle in lieu of
transportation at the expense of the United States. The member may be paid a
monetary allowance in lieu of transportation as established under section
404(d)(1) of title 37 and the member is responsible for any transportation
costs in excess of such allowance.'.
(b) ALLOWANCE FOR SELF-PROCUREMENT OF TRANSPORTATION OF MOTOR VEHICLE-
Subparagraph (B) of section 406(b)(1) 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
subsection (i) of section 2634 of title 10, the member, who has proof of
shipment, may be paid a monetary allowance in lieu of transportation as
established under section 404(d)(1) of this title.'.
Subtitle D--Other Matters
SEC. 631. PERMIT NON-SCHOLARSHIP SENIOR ROTC SOPHOMORES TO VOLUNTARILY
CONTRACT AND RECEIVE SUBSISTENCE ALLOWANCE.
Section 209 of title 37, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and (e),
respectively; and
(2) by inserting after subsection (b) the following new subsection
(c):
`(c) PILOT PROGRAM FOR CONTRACT OF NON-SCHOLARSHIP SENIOR ROTC MEMBERS-
(1) An eligible member of the Selected Reserve Officers' Training Corps is
entitled to a monthly subsistence allowance at a rate prescribed under
subsection (a) for a maximum of twenty months.
`(2) To be eligible to receive a subsistence allowance under this
subsection, a person 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) complete successfully 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) This program will run as a pilot program for the period of three
years beginning in January 2004. The Secretary of Defense will report to the
Office of Management and Budget annually on the participation rates for the
program with a cost evaluation of the program's effectiveness. Such annual
reports will be due by December 31 for each of the three years.'.
TITLE VII--HEALTH CARE PROVISIONS
SEC. 701. REVISION OF DEPARTMENT OF DEFENSE MEDICARE ELIGIBLE RETIREE HEALTH
CARE FUND TO PERMIT MORE ACCURATE ACTUARIAL VALUATIONS.
Section 1115(c) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
`(6) In determining single level dollar amounts in subparagraphs (1)(A)
and (1)(B), the Secretary of Defense may, if the Secretary determines that it
would produce a more accurate and appropriate actuarial valuation, determine a
separate single level dollar amount under either or both subparagraphs for any
individual participating uniformed service. If the Secretary makes any such
determination, the Secretary (or in the case of a participating uniformed
service under the jurisdiction of another administering Secretary, the
administering Secretary concerned) shall make corresponding calculations under
section 1116(a) of this title for the contributions applicable to the affected
uniformed services.'.
SEC. 702. APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT TO THE
PHARMACY AND THERAPEUTICS COMMITTEE.
Section 1074g(b)(1) of title 10, United States Code, is amended by adding
at the end the following new sentence: `The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Pharmacy and Therapeutics Committee.'.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. MILESTONE AUTHORIZATION OF SELECTED DEFENSE ACQUISITION
PROGRAMS.
(a) IN GENERAL- (1) Chapter 144 of title 10, United States Code is amended
by adding after section 2435 the following new section:
`Sec. 2436. Milestone authorization
`(a) DESIGNATION OF PARTICIPATING PROGRAMS- (1) The Secretary of Defense
may designate defense acquisition programs in each military department to be
considered for milestone authorization of appropriations under subsection
(c).
`(2) The Secretary may designate a defense acquisition program under
paragraph (1) only if the program--
`(A) is ready to proceed into system development and demonstration or
production and deployment, or
`(B) is in either system development and demonstration or production and
deployment.
`(b) SUBMISSION OF BASELINE DESCRIPTIONS- Not later than the end of the
90-day period beginning on the date that a defense acquisition program is
designated under subsection (a), the Secretary of Defense shall request from
Congress that funds be authorized to be appropriated in a single amount
sufficient to carry out the acquisition phase for which the baseline
description is submitted.
`(c) MILESTONE AUTHORIZATION- Congress shall authorize the appropriation
of funds for the system development and demonstration, or the production and
deployment of a program designated by the Secretary of Defense under
subsection (a) in a single amount sufficient to carry out that phase, provided
that such period for which funds may be obligated may not exceed six years.
`(d) NO EFFECT ON STATUTORY AND REGULATORY REQUIREMENTS- Granting
milestone authorization does not change any other statutory or regulatory
requirements relating to defense acquisition programs.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding after the item relating to section 2435 the
following new item:
`2436. Milestone authorization.'.
SEC. 802. CONTRACT CLOSEOUT.
(a) IN GENERAL- The Secretary of Defense shall have the authority to
promulgate regulations to settle the financial accounts for contracts executed
prior to September 30, 1996 that are administratively complete and for which
any unreconciled balance, either positive or negative, is less than
$100,000.
(b) FINALITY OF DECISION- Decisions carried out in accordance with these
regulations shall be final and conclusive upon the accounting officers of the
United States.
SEC. 803. CLARIFICATION OF REQUIREMENT TO BUY CERTAIN ARTICLES FROM AMERICAN
SOURCES; EXCEPTIONS.
Section 2533a of title 10, United States Code, is amended--
(A) by striking `subsections (c) through (h)' and inserting
`subsections (b) through (i)'; and
(B) by striking `if the item is not grown, reprocessed, reused, or
produced in the United -States';
(2) in subsection (b), by amending paragraphs (1) through (3) to read as
follows:
`(1) An article or item of--
`(A) meals ready-to-eat listed in Federal Supply Class 8970 unless the
item is produced or manufactured in the United States;
`(B) clothing unless the item is grown, reprocessed, reused, or
produced in the United States;
`(C) tents, tarpaulins, or covers unless the item is grown,
reprocessed, reused, or produced in the United States;
`(D) cotton and other natural fiber products, woven silk or woven silk
blends, spun silk yarn for cartridge cloth, synthetic fabric or coated
synthetic fabric (including all textile fibers and yarns that are for use
in such fabrics), canvas products, or wool (whether in the form of fiber
or yarn or contained in fabrics, materials, or manufactured articles)
unless the item is grown, reprocessed, reused, or produced in the United
States; or
`(E) any item of individual equipment manufactured from or containing
such fibers, yarns, fabrics, or materials unless the item is grown,
reprocessed, reused, or produced in the United States;
`(2) Equipment of the following Federal supply classifications that
contain a specialty metal unless the specialty metal used to produce or
manufacture the item, or an equivalent amount that is acquired by the
contractor or a subcontractor, was smelted in the United States:
`(A) Weapons listed in Federal Supply Group 10.
`(B) Nuclear ordnance listed in Federal Supply Group 11.
`(C) Fire control equipment listed in Federal Supply Group
12.
`(D) Ammunition and explosives listed in Federal Supply Group
13.
`(E) Guided missiles listed in Federal Supply Group 14.
`(F) Aircraft and related components, accessories, and equipment
listed in Federal Supply Groups 15, 16, and 17.
`(G) Space vehicles listed in Federal Supply Group 18.
`(H) Ships, small craft, pontoons, and floating docks listed in
Federal Supply Group 19.
`(I) Ship and marine equipment listed in Federal Supply Group
20.
`(J) Passenger motor vehicles listed in Federal Supply Class
2310.
`(K) Tracked combat vehicles listed in Federal Supply Class
2350.
`(L) Engines, turbines, and components listed in Federal Supply Group
28.
For the purposes of this paragraph, `specialty metal' means:
`(i) where the maximum alloy content exceeds one or more of the
following limits: manganese, 1.65 percent; silicon, 0.60 percent; or
copper, 0.60 percent; or
`(ii) that contains more than 0.25 percent of any of the following
elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel,
titanium, tungsten, or vanadium;
`(B) metal alloys consisting of nickel, iron-nickel, and cobalt base
alloys containing a total of other alloying metals (except iron) in excess
of 10 percent;
`(C) titanium and titanium alloys; or
`(D) zirconium and zirconium base alloys; and
`(3) Hand tools listed in Federal Supply Group 51 and measuring tools
listed in Federal Supply Group 52 unless the item is produced or
manufactured in the United States.';
(A) by striking `Subsection (a)' and inserting `This section';
and
(B) by striking `(1) or specialty metals (including stainless steel
flatware)';
(A) in the catch line for such subsection, by striking `OUTSIDE THE
UNITED -STATES' and inserting `IN EXIGENT CIRCUMSTANCES';
(B) by striking `Subsection (a) does not apply' and inserting `This
section does not apply';
(C) by revising paragraph (1) to read as follows:
`(1) Procurements of items listed in subsections (b)(1)(A), (b)(2),
and(b)(3) in support of contingency operations as defined in section
101(a)(13) of this title, and procurements outside the United States of
items listed in subsections (b)(1)(B) through (b)(1)(E) in support of combat
operations.';
(D) by revising paragraph (3) to read as follows:
`(3) Procurements of items listed in subsections (b)(1)(A), (b)(2), and
(b)(3) of unusual and compelling urgency under the authority of section
2304(c)(2) of this title,
and emergency procurements by an establishment located outside the United
States of items listed in subsections (b)(1)(B) through (b)(1)(E) for the
personnel attached to such establishment.';
(5) by revising subsection (e) to read as follows:
`(e) EXCEPTION FOR SPECIALTY METALS AND CHEMICAL WARFARE PROTECTIVE
CLOTHING- (1) This section does not apply to the procurement of end items or
components of equipment listed in subsection (b)(2) if the specialty metal
used to produce or manufacture the item, or an equivalent amount that is
acquired by the contractor or a subcontractor, was smelted in a foreign
country that has a memorandum of understanding providing for reciprocal
procurement of defense items that is entered into with the Department of
Defense in accordance with section 2531 of this title.
`(2) This section does not apply to the procurement of chemical warfare
protective clothing produced outside the United States if--
`(A) such procurement is necessary--
`(i) to comply with agreements with foreign governments requiring the
United States to purchase supplies from foreign sources for the purposes
of offsetting sales made by the United States Government or United States
firms under approved programs serving defense requirements; or
`(ii) in furtherance of agreements with foreign governments in which
both such governments agree to remove barriers to purchases of supplies
produced in the other country or services performed by sources of the
other country; and
`(B) any such agreement with a foreign government complies, where
applicable, with the requirements of section 36 of the Arms Export Control
Act (22 U.S.C. 2776) and with section 2457 of this title.';
(6) in subsection (f), by striking `Subsection (a) does not preclude'
and inserting `This section does not preclude';
(7) in subsection (g), by striking `Subsection (a) does not apply' and
inserting `This section does not apply';
(8) in subsection (h), by striking `Subsection (a) does not apply' and
inserting `This section does not apply'; and
(A) by striking `This section' and inserting `(1) Except as provided
in paragraph (2), this section'; and
(B) by adding at the end the following new paragraph:
`(2) This section does not apply to commercial items, or components
thereof, that are listed in sections (b)(1)(A), (b)(2), and (b)(3), except
if the end item is specialty metal.'.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. EXTEND USE OF THE DEFENSE MODERNIZATION ACCOUNT FOR LIFE CYCLE
COST REDUCTION INITIATIVES.
(a) TITLE 10 AMENDMENTS- Section 2216 of title 10, United States Code, is
amended--
(1) by striking the catch line in subsection (c);
(2) by redesignating subsection (c) as paragraph (b)(5);
(3) by inserting after subsection (b) the following new subsection
(c):
`(c) APPROPRIATIONS FOR LIFE CYCLE COST REDUCTION- (1) Funds are
authorized to be appropriated for fiscal years 2004-2006 in the amount of
$25,000,000 annually to the Defense Modernization Account for the purpose of
providing startup funds for projects undertaken by a military department,
Defense Agency, or other element of the Department of Defense to reduce the
life cycle cost of new or existing systems in accordance with criteria
established by the Secretary of Defense.
`(2) A military department, Defense agency, or other element of the
Department of Defense that receives funds appropriated pursuant to paragraph
(1) shall, upon achieving savings from such a project, reimburse the Account
for the funds previously received. Funds transferred back to the Account
pursuant to this paragraph shall be available for funding new projects under
paragraph (1).'.
(4) in subsection (d), by striking `Authorized Use of Funds- Funds
available from the Defense Modernization Account pursuant to subsection (f)
or (g) may be used for the following purposes:' and inserting `Authorized
Use of Transferred Funds- Funds transferred to the Defense Modernization
Account pursuant to subsection (b) may be used for the following purposes:';
and
(5) in paragraph (f)(1), by striking the sentence beginning with `The
Secretary' and inserting `The Secretary of Defense may transfer funds in the
Defense Modernization Account to appropriations available to the Department
of Defense for the purposes set forth in subsections (c) and (d).'.
(b) EXTENSION OF AUTHORITY- Subsection (c) of section 912 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
410) is amended to read as follows:
`(c) EXPIRATION OF AUTHORITY AND ACCOUNT- (1) The authority under section
2216(b) of title 10, United States Code, to transfer funds into the Defense
Modernization Account and the authorization under section 2216(c) of such
title to appropriate funds to the Defense Modernization Account shall
terminate on September 30, 2006.
`(2) The Defense Modernization Account shall be closed on September 30,
2011, and any remaining balance in the Account shall be cancelled and
thereafter shall not be available for any purpose.'.
SEC. 812. EXTENSION AND CLARIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
Section 845 of the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1547) is amended in subsection (g), by striking
`September 30, 2004' and inserting `September 30, 2008'.
SEC. 813. OTHER TRANSACTION AUTHORITY FOR MODERNIZING LEGACY SYSTEMS.
Section 845(a) of National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1547) is amended by inserting `, or are
improvements to weapons or weapon systems currently fielded by the Department
of Defense' after `Department of Defense'.
SEC. 814. AUTHORITY FOR CERTAIN DOD COMPONENTS TO AWARD PERSONAL SERVICES
CONTRACTS.
(a) Notwithstanding any other provision of law, sums made available by
appropriation or otherwise to a covered component, as defined in subsection
(b), may be expended for personal services contracts necessary to carry out
the covered component's missions, including personal services without regard
to limitations on types of persons to be employed.
(b) The term `covered component' includes--
(1) any Department of Defense component that is an element of the
Intelligence Community, as defined in Section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a);
(2) any element of the Office of the Secretary of Defense designated by
the Secretary of Defense for purposes of this section; and
(3) the United States Special Operations Command when engaged in special
operations activities delineated in 10 U.S.C. 167(j)(1)-(4).
SEC. 815. ELIMINATION OF SUBCONTRACT NOTIFICATION REQUIREMENTS.
Section 2306(e) of title 10, United States Code, is amended to read as
follows:
`(e) Except for contracts with a contractor that maintains a purchasing
system approved by the cognizant contracting officer, each cost contract and
each cost-plus-a-fixed-fee contract shall require the contractor to provide
notice to the agency, prior to the award under a prime contract, of--
`(1) a cost-plus-a-fixed-fee subcontract; or
`(2) a fixed-price subcontract or purchase order involving more than the
greater of--
`(A) the simplified acquisition threshold; or
`(B) five percent of the estimated cost of the prime
contract.'.
SEC. 816 . EXCEPTION FOR REPLACEMENT BALL BEARINGS AND ROLLER BEARINGS TO BE
USED IN A COMPONENT OF NON-DOMESTIC ORIGIN.
Section 2534(a)(5) of title 10, United States Code, is amended by
inserting before the period at the end the following: `, other than ball
bearings and roller bearings to be used in an end product or a component of
non-domestic origin'.
SEC. 817. INDUSTRY ASSIGNMENT PROGRAM.
(a) IN GENERAL- Chapter 81 of title 10, United States Code, is amended by
inserting after section 1599c the following new section:
`Sec. 1599d. Government industry assignment program
`(a) AUTHORITY- The Secretary of Defense may establish a pilot program for
the temporary assignment of non-governmental personnel who are employed in the
private sector to the Department of Defense. The Secretary may promulgate
regulations for such purpose.
`(b) PURPOSE- This program is designed to improve the Department's
acquisition-related processes and procedures. It would accomplish this through
an infusion of new and modern ideas by the temporary assignment in the
Department of non-governmental personnel who are employed by private industry.
The private sector employees would be compensated by their private employer
yet would be subject generally to governmental requirements that are in force
for Federal employees. The Department would provide the private employer the
benefit of a career enhancement for its private sector employees who
participate in the program.
`(c) LIMITATIONS- (1) This program is limited to those individuals in
private sector positions whose duties, as determined by the Secretary, are
comparable to defense acquisition positions.
`(2) Each such assignment shall be based on a written agreement between
the Department of Defense, the private sector employer, and the employee
concerned, which shall include nondisclosure provisions addressing the use and
disclosure of classified and unclassified information in the possession or
under the control of the Department of Defense that has not been released to
the public and which shall also include the Federal laws and penalties
applicable to the disclosure of classified information, including, but not
limited to section 798 of title 18, United States Code.
`(3) During the period of an assignment made pursuant to this section, a
private sector employee--
`(A) is not entitled to pay from the Department of Defense, except, as
determined by the Secretary on a case by case basis, to the extent that the
pay received from the private sector employer is less than the appropriate
rate of pay which the duties would warrant under the applicable pay
provisions of this title, title 5, United States Code, or other applicable
authority;
`(B) is deemed an employee of the Department of Defense, subject to
section 7353 of title 5, United States Code; sections 201, 203, 205, 207,
208, 209, 219, 602, 603, 606, 607, 610, 643, 654, 1905, 1913 and other
provisions of title 18, United States Code, not specifically exempted
herein; sections 1343, 1344, and 1349(b) of title 31, United States Code;
the Federal Tort Claims Act (28 U.S.C. 2671 et seq.); any other Federal tort
liability statute; section 27 of the Office of Federal Procurement Policy
Act, as amended (41 U.S.C. 423) and regulations implementing that Act; the
Ethics in Government Act of 1978 (5 U.S.C. App.) and regulations
implementing that Act; and any other provisions of Federal law not
specifically exempted herein. Notwithstanding section 209 of title 18,
United States Code, the private sector employer may pay, contribute to, or
supplement the salary or other benefits of such private sector employee (who
may accept such pay, contributions, and benefits), subject to the terms of
the written private sector employee assignment agreement required in
paragraph (c)(2) above;
`(C) is also deemed an employee of his or her private sector employer
for purposes of section 208 of title 18, United States Code;
`(D) is subject to such regulations that the Secretary may prescribe,
which shall incorporate by reference executive branch standards of ethical
conduct and any authorized agency supplemental standards of conduct and
which shall include as a minimum--
`(i) limitations on the number of participants (no more than
400);
`(ii) length of temporary assignments (up to two years);
`(iii) protection of government information;
`(iv) procedures for avoidance of conflicts of interest, including
selection of program priorities and funding decisions that may involve the
assignee's employer or its competitors, and avoidance of the appearance of
conflicts of interest; and
`(v) exclusions from the performance of inherently governmental
functions, such as policy-making and supervision of government employees;
and
`(vi) methodology and criteria for evaluation of the pilot;
and
`(E) is not deemed to be an employee for purposes of federal employee
pay and benefits under title 5, United States Code, except as provided for
under this subsection.
`(d) Workers Compensation Coverage-
`(1) A private sector employee assigned to the Department of Defense
pursuant to this section shall not be deemed an employee of the United
States for the purposes of Chapter 81 of
title 5, United States Code, (relating to compensation for injury).
`(2) Notwithstanding any other law, the United States, any
instrumentality of the United States; or an employee, agent, or assign of
the United States shall not be liable to:
`(A) a private sector employee assigned to the Department of Defense
pursuant to this section;
`(B) such employee's legal representative, spouse, dependents,
survivors and next of kin; and
`(C) any other person, including any third party as to whom such
employee, or his or her legal representative, spouse, dependents,
survivors, or next of kin, has a cause of action arising out of an injury
or death sustained in the performance of duty pursuant to an assignment
under this section, otherwise entitled to recover damages from the United
States, any instrumentality of the United States, or any employee, agent,
or assign of the United States--
with respect to any injury or death suffered by a private sector
employee sustained in the performance of duty pursuant to an assignment
under this section.
`(e) DEFINITIONS- In this section:
`(1) The term `private sector employer' means a corporation,
partnership, sole proprietorship, or other entity operated on a for-profit
basis. It may, at the option of the Secretary, also include `other
organizations' as defined in section 3371 of title 5.
`(2) The term `acquisition position' has the same meaning as in section
1721(b) of this title.
`(3) The term `assignment' means an assignment under an arrangement made
pursuant to the section under which a private sector employee is assigned to
the Department of Defense by being appointed without regard to the
provisions of title 5, United States Code, governing appointments in the
competitive service or being deemed to be detailed to the Department of
Defense.
`(4) The term `government employee' means an `employee' as defined in
section 2105 of title 5.
`(f) EXPIRATION- The Secretary may not assign non-governmental personnel
who are employed in the private sector to the Department of Defense under the
provisions of this section after the last day of the fifth year beginning with
the effective date of this Act.'.-
(b) REPORTING REQUIREMENT- During the fourth year after the enactment of
this Act, the Secretary of Defense, with input from the Inspector General of
the Department of Defense, and in consultation with the Director of the Office
of Personnel Management, shall evaluate the program authorized under this
section and prepare a report for the President that includes an analysis of
the use of the authorities of this section, including conflict of interest
standards, and the costs and benefits of assignments made pursuant to this
section.
(c) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter 81 is amended by inserting after the item relating to section 2331 the
following new item:
`1599d. Government industry assignment program.'.
Subtitle C--Acquisition-Related Reports and Other Matters
SEC. 821. ELIMINATION OF THE REQUIREMENT TO FURNISH WRITTEN ASSURANCES OF
TECHNICAL DATA CONFORMITY.
Section 2320(b) of title 10, United States Code, is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8) and (9) as paragraphs (7) and (8),
respectively.
SEC. 822. CONVERSIONS OF COMMERCIAL ACTIVITIES.
(a) CHANGES TO ELEMENTS OF ANALYSIS- Paragraph (3)(A) of section 2461(b)
of title 10, United States Code, is amended--
(1) by striking `of the cost';
(2) by striking `savings' and inserting `the best value';
(3) by redesignating subsection (iii) as subsection (iv); and
(4) by inserting after clause (ii) the following new clause (iii):
`(iii) Benefits in addition to price that warrant performance of the
function by a source at a cost higher than that of performance by Department
of Defense civilian employees.'.
(b) CONTRACTING IF BEST VALUE- Section 2462(a) of such title is amended by
striking `such a source can provide such supply or service to the Department
at a cost that is lower (after including any cost differential required by
law, Executive order, or regulation) than the cost at which the Department can
provide the same supply or service' and inserting `performance by that source
represents the best value to the Government, determined in accordance with the
competition requirements of OMB Circular A-76.'.
SEC. 823. MAKE PERMANENT THE AUTHORITY TO ENTER INTO CERTAIN PERSONAL
SERVICES CONTRACTS.
Section 1091(a)(2) of title 10, United States Code, is amended by striking
`The Secretary may not enter into a contract under this paragraph after
December 31, 2003.'.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense
Officers
SEC. 901. ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) UNIT SIZE AND TYPE- Section 2880(b)(2) of title 10, United States
Code, is amended by striking `unless the unit is located on a military
installation'; and
(b) DEPARTMENT OF DEFENSE HOUSING FUND- (1) Section 2883 of title 10,
United States Code is amended--
(A) by striking subsections (a), (b), and (c);
(B) by inserting the following new subsections (a) and (b):
`(a) ESTABLISHMENT- There is hereby established on the books of the
Treasury the Department of Defense Housing Improvement Fund.
`(b) CREDITS TO FUNDS- There shall be credited to the Department of
Defense Housing Improvement Fund the following:
`(1) Amounts authorized for and appropriated to that Fund.
`(2) Subject to subsection (e), any amounts that the Secretary of
Defense transfers, in such amounts as provided in appropriation Acts to that
Fund from amounts authorized and appropriated to the Department of Defense
for the acquisition or construction of military family housing or military
unaccompanied housing.
`(3) Proceeds from the conveyance or lease of property or facilities
under section 2878 of this title for the purpose of carrying out activities
under this subchapter with respect to military family housing or military
unaccompanied housing.
`(4) Income derived from any activities under this subchapter with
respect to military family housing or military unaccompanied housing,
including income and gains realized from investments under section 2875 of
this title and any return of capital invested as part of such
investments.
`(5) Any amounts that the Secretary of the Navy transfers to that Fund
pursuant to section 2814(i)(3) of this title, subject to the restrictions on
the use of the transferred amounts specified in that section.';
(C) by redesignating subsections (d), (e), (f), and (g) as (c), (d),
(e), and (f) respectively;
(D) in the newly redesignated subsection (c)--
(i) by striking `Family in paragraph (1);
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as (2);
(E) in the newly redesignated subsection (e) by striking `a Fund under
paragraph (1)(B) or (2)(B) of subsection (c)' and inserting `the Fund under
paragraph (2) of subsection (b)';
(F) in subsection (f) as relettered by subparagraph (C) of this
paragraph--
(i) by striking `$850,000,000' in paragraph (1) and inserting
`$1,700,000,000'; and
(ii) by striking `$150,000,000' in paragraph (2) and inserting
--`$300,000,000';
(2) Section 2871(6) of title 10, United States Code, is amended by
striking `Family Housing Improvement Fund or the Department of Defense
Military Unaccompanied Housing Improvement Fund' and inserting `Housing
Improvement Fund'; and
(3) Section 2875(e) of title 10, United States Code, is amended by
striking `Family Housing Improvement Fund or the Department of Defense
Military Unaccompanied Housing Improvement Fund' and inserting `Housing
Improvement Fund'.
Subtitle B--Space Activities
SEC. 911. AUTHORIZE PROVISION OF SPACE SURVEILLANCE NETWORK SERVICES TO
NON-UNITED STATES GOVERNMENTAL ENTITIES.
(a) IN GENERAL- Chapter 136 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 2283. Space surveillance network
`(a) SATELLITE TRACKING SERVICES- To support the establishment of an
experimental pilot program, The Secretary of Defense is authorized to
establish procedures under which non-United States Federal governmental
entities, including but not limited to U.S. and non-U.S. commercial entities,
state and local government entities and foreign governments, may purchase,
directly or through a contractor, satellite tracking services from assets
owned or controlled by the Department of Defense. The Secretary may include in
such transactions the provision and analysis of satellite data if he
determines it is in the national security interests of the United States. Any
proposed sale to a foreign government or foreign commercial entity shall be
subject to the concurrence of the Secretary of State to ensure its consistency
with United States foreign policy interests. The pilot program shall be
conducted during a three-year period beginning not later than 180 days after
the date of the enactment of this Act.
`(b) REIMBURSEMENT OF COSTS- In the case of any purchase made by a
non-United States Federal governmental entity under the procedures established
under subsection (a), the Secretary of Defense may require the non-United
States Federal governmental entity to reimburse the Department of Defense for
the costs to the Department of such purchase.
`(c) DEPOSIT OF FUNDS RECEIVED- Funds received pursuant to the sales
authorized in subsection (a) shall be credited to accounts of the Department
of Defense that are current when the proceeds are received and that are
available for the same purposes as the accounts originally charged to perform
the services. Funds so credited are to merge with and become available for
obligation for the same period as the accounts to which they are credited.
`(d) NON-TRANSFERABILITY AGREEMENT- The Department will require all
non-United States Federal governmental entities to execute a binding
commitment not to transfer any data or technical information, including the
analysis of the tracking data, to any other entity without the Department's
expressed approval. In the case of foreign governments and foreign commercial
entities, the Department's approval will be subject to the concurrence of the
Department of State.
`(e) PROHIBITION CONCERNING INTELLIGENCE ASSETS OR DATA- Nothing in this
section shall be deemed to authorize the provision of services or information
concerning, or derived from, United States intelligence assets or data.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`2283. Space surveillance network.'.
Subtitle C--Reports
SEC. 921. REPEAL OF VARIOUS REPORTS REQUIRED OF THE DEPARTMENT
OFDEFENSE.
(a) PROVISIONS OF TITLE 10- Title 10, United States Code, is amended--
(A) by striking subsection (j);
(B) by striking subsection (m); and
(C) by redesignating subsections (k) and (l) as (j) and (k),
respectively;
(A) by repealing this entire section in chapter 2; and
(B) by amending the table of sections at the beginning of such chapter
2 by striking the item relating to section 116;
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e);
(4) in section 127, by striking subsection (d);
(A) by striking subparagraph (a)(3);
(B) by redesignating subparagraph (a)(4) as subparagraph
(a)(3);
(C) by striking subsection (d); and
(D) by redesignating subsections (e) through (i) as subsections (d)
through (h), respectively;
(6) in section 129, by striking subsection (f);
(7) in section 153, by striking subsection (d);
(A) by amending subsection (a) to read as follows:
`(a) AUTHORITY TO ESTABLISH REGIONAL CENTER FOR SECURITY STUDIES- The
Secretary of Defense may establish such regional centers for security studies
as he deems necessary and appropriate.';
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection (b);
(A) by repealing this entire section in chapter 9; and
(B) by amending the table of sections at the beginning of such chapter
by striking the item relating to section 228;
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d);
(A) by striking subsections (b) and (c);
(B) by redesignating subsection (d) as subsection (b);
(A) by repealing this entire section in chapter 23; and
(B) by amending the table of sections for such chapter by striking the
item relating to section 482;
(A) by repealing this entire section in chapter 23; and
(B) by amending the table of sections for such chapter by striking the
item relating to section 483;
(A) by repealing this entire section in chapter 23; and
(B) by amending the table of sections for such chapter by striking the
item relating to section 484;
(A) by repealing this entire section in chapter 23; and
(B) by amending the table of sections for such chapter by striking the
item relating to section 487;
(A) by striking subsections (b) and (c); and
(B) by striking the designator and the catch line in the preceding
matter;
(C) by amending the section title to read: `Sec. 520c. Provision of
meals and refreshments for recruiting purposes'; and
(D) by amending the table of sections at the beginning of chapter 31
by replacing the item relating to section 520c with the following new
item:
`520c. Provision of meals and refreshments for recruiting
purposes.';
(17) in section 664(i), (4)(F)(ii), by striking `and notifies Congress
upon each approval, providing the criteria that led to that approval';
(18) in section 983(e)(1), by striking `and to Congress';
(19) in section 986, by striking subsection (e);
(A) by striking subsection (d); and
(B) by redesignating subsections (e), through (g) as subsections (d)
through (f) respectively;
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as subsections (b) and
(c), respectively;
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e);
(A) by repealing this entire section in chapter 80; and
(B) by amending the table of sections for such chapter by striking the
item relating to section 1563;
(24) in section 1597, by striking subsections (c) through (e);
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as subsections (b) and
(c), respectively;
(26) in section 2011, by striking subsection (e).
(27) in section 2166, by striking subsection (h);
(28) in section 2208, in subsection (j)(2), by striking `and notifies
Congress regarding the reasons for the waiver';
(A) by striking subsections (d) and (e); and
(B) by redesignating subsection (f) as subsection (d);
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (e);
(A) by striking subsection (i); and
(B) by redesignating subsection (j) as subsection (i);
(A) by repealing this entire section in chapter 131; and
(B) by amending the table of sections for such chapter by striking the
item relating to section 2222;
(33) in section 2255(b)--
(A) by striking paragraph (2); and
(B) by striking the designator `(1)' after the catch line;
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d);
(A) by repealing this entire section in chapter 136; and
(B) by amending the table of sections for such chapter by striking the
item relating to section 2282;
(A) by striking subsection (i);
(i) by striking paragraphs (1) and (6);
(ii) by redesignating paragraphs (2) through (10) of subsection (l)
as paragraphs (1) through (8), respectively; and
(C) by redesignating subsections (j) through (l) as subsections (i)
through (k), respectively;
(37) in section 2327(c)(1)--
(A) in subparagraph (A), by striking `after the date on which such
head of an agency submits to Congress a report on the contract' and
inserting `if in the best interests of the government';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B);
(A) by striking subsection (f); and
(B) in subsection (g), by striking paragraph (3);
(A) by striking subsection (d);
(B) by redesignating subsections (e), (f), and (g) as subsections (d),
(e), and (f), respectively;
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections (e) and
(f), respectively;
(41) in section 2367, by striking subsections (c) and (d);
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e);
(A) in subsection (a), by striking `only as provided in subsection
(b)' both times such phrase appears in the subsection;
(B) by striking subsection (b); and
(C) by redesignating subsections (c) through (f) as subsections (b)
through (e), respectively;
(44) in section 2410i, in subsection (c), by striking the last
sentence;
(45) in section 2410m, by striking subsection (c);
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and (f) as subsections (d) and
(e), respectively;
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d);
(48) in section 2464, by striking paragraph (3) in subsection (b);
(49) in section 2467, by striking subsection (c);
(50) in section 2472, by striking subsection (b);
(51) in section 2493, by striking subsection (g);
(A) by repealing the entire section in chapter 148; and
(B) by amending the section of tables for such chapter by striking all
references to section 2504;
(53) in section 2515, by striking subsection (d);
(54) in section 2521, by striking subsection (e);
(A) by striking paragraph (2) in subsection (b), and by striking
designator (1) after the catch line; and
(B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and
(2), respectively; and
(C) by redesignating subparagraphs (i) and (ii) as subparagraphs (A)
and (B), respectively;
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b);
(A) by striking subsection (b); and
(B) by striking the `(a)' and the catch line in the remaining
matter;
(A) by striking subsections (c), (d) and (f); and
(B) by redesignating subsection (e) as subsection (c);
(59) in section 2563, by striking `and notifies Congress regarding the
reasons for the waiver' in subsection (c)(2);
(60) in section 2631, by striking the last sentence in subsection
(b)(3);
(A) by striking subsection (d);
(B) by striking subsection (g); and
(C) by redesignating subsections (e), (f), and (h) as subsections (d),
(e), and (f), respectively;
(A) by striking subsection (e);
(B) by redesignating subsections (f) and (g) as subsections (e) and
(f), respectively; and
(C) in subsection (f), as redesignated by subparagraph (B), by
striking `, and the reporting requirement set forth in subsection (e) must
not apply with respect to a real property transaction otherwise covered by
that subsection,';
(63) in section 2667a (c)--
(A) by striking paragraph (2);
(B) by striking designator (1) after the catch line;
(64) in section 2676, in subsection (d), by striking all after `is
approved by the Secretary concerned' and inserting a period;
(65) in section 2680, by striking subsection (e);
(A) by striking subsection (e);
(B) by redesignating subsections (f) through (i) as subsections (e)
through (h), respectively; and
(C) in subsection (f), as redesignated by subparagraph (B), by
striking the last sentence;
(A) by striking subsections (c) and (d); and
(B) by redesignating subsection (e) as subsection (c);
(68) in section 2703(b)(2)--
(A) by striking subparagraph (B);
(B) by striking the designator `(A)' which precedes `determines that
permanent relocation--';
(C) by striking the dash that follows `such paragraph unless the
Secretary' in paragraph (2);
(D) by realigning the previously designated subparagraph (A) to follow
at the end of paragraph (2); and
(E) by redesignating clauses (i) through (iii) as subparagraphs (A)
through (C), respectively;
(A) in subsection (b), by striking paragraph (2); and
(B) by striking the designator `(1)' that precedes the remaining
matter;
(A) by striking subsections (b) and (c); and
(B) by redesignating subsection (d) as subsection (b);
(71) in section 2809, by striking subsection (f);
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d);
(A) in subsection (c), by striking paragraph (1);
(B) by striking the designator `(2)' that precedes the remaining
matter;
(74) in section 2813, by striking subsection (c);
(A) by repealing this entire section in chapter 169; and
(B) by amending the table of section at the beginning of such chapter
by striking the item relating to section 2815;
(A) in subparagraph (b)(1)(B)--
(i) by striking clause (ii);
(ii) by striking `, and' at the end of clause (i); and
(iii) by striking the designator `(i)' in the remaining text
following `in the preceding sentence if';
(B) in subsection (c)(1)--
(i) by striking subparagraphs (C) and (D);
(ii) by inserting `and' at the end of subparagraph (A);
and
(iii) by striking the semicolon at the end of subparagraph (B) and
inserting a period;
(A) by striking subsection (b); and
(B) by redesignating subsections (c) through (i) as subsections (b)
through (h), respectively;
(A) by striking subsection (b); and
(B) by striking `(a) Subject to subsection (b), the Secretary' and
inserting `The Secretary';
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection (f);
(A) by striking subsections (b) and (g);
(B) by redesignating subsections (c) through (h) as subsections (b)
through (f), respectively; and
(C) in subsection (a), by striking `Subject to subsection (b), the
Secretary' and inserting `The Secretary';
(A) in subsection (a), by striking `Subject to subsection (b), the
Secretary' and inserting `The Secretary';
(B) by striking subsection (b);
(C) by striking subsection (f); and
(D) by redesignating subsections (c) through (g) as subsections (b)
through (e), respectively;
(i) by striking paragraph (2); and
(ii) by striking the designator `(1)' after the catch line and
preceding the remaining matter;
(B) by striking subsection (f); and
(C) by redesignating subsections (g) and (h) as subsections (f) and
(g), respectively;
(A) in subsection (c), by striking paragraphs (2) and (3);
(B) in the remaining matter, by striking the designator `(1)' and the
dash and realigning the paragraph to read as a subsection; and
(C) by striking the semicolon at the end of the remaining matter and
inserting a period;
(A) by striking subsection (b); and
(B) by striking `(a) Subject to subsection (b), the' in the preceding
matter and inserting `The';
(A) by striking subsection (c); and
(B) by redesignating subsections (d) through (g) as subsections (c)
through (f), respectively;
(A) in subsection (e), by striking paragraph (2); and
(B) by striking subsection (f); and
(C) by striking designator (1) after the catch line;
(A) in subsection (c), by striking paragraph (2); and
(B) by striking designator (1) after the catch line;
(88) in section 2867, by striking subsection (c);
(89) in section 2875, by striking subsection (e);
(A) by striking subsection (b);
(B) by striking the designator `(1)' that follows the catch line in
the remaining matter;
(C) by striking the designator before subparagraph (2) and inserting
`(b) CONTENT OF REPORTS- ' to redesignate that subparagraph as a
subsection;
(D) by amending the section title to read: `Sec. 2884. Project
reports'; and
(E) by amending the table of sections at the beginning of such chapter
169 by replacing the item relating to section 2884 with the following new
item:
`2884. Project reports.';
(A) in subsection (g), by striking paragraph (2); and
(B) by striking designator (1) after the catch line;
(92) in section 5143, by striking subsection (e);
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection (f);
(A) by striking subsection (c); and
(B) by redesignating subsections (d) through (g) as subsections (c)
through (f), respectively;
(A) by striking subsection (c);
(B) by redesignating subsections (d) and (e) as subsections (c) and
(d), respectively; and
(C) in subsection (a), by striking `Subject to subsection (c), the
Secretary' and inserting `The Secretary';
(A) by striking subsection (c);
(B) by striking subsection (f); and
(C) by redesignating subsection (g) as subsection (f);
(A) in subsection (b), by striking the last sentence; and
(B) by striking subsection (d); and
(A) by repealing this entire section in chapter 1606; and
(B) by amending the table of sections at the beginning of such chapter
by striking the item relating to section 16137.
(b) FOREIGN ASSISTANCE ACT OF 1961- Section 656 of the Foreign Assistance
Act of 1961 (Public Law 87-195) is repealed.
(c) DEFENSE ACQUISITION IMPROVEMENT ACT OF 1986- Section 908 of the
Defense Acquisition Improvement Act of 1986 (as contained in section 101(c) of
Public Law 99-500 and identically enacted in section 101(c) [title X] of
Public Law 99-591 and title IX of division A of Public Law 99-661) (10 U.S.C.
2326 note) is amended by striking subsection (b).
(d) National Defense Authorization Act for Fiscal Years 1988 and 1989-
Section 1121 of the National Defense Authorization Act for Fiscal Years 1988
and 1989 (Public Law 100-180; 101 Stat. 1147) (10 U.S.C. 113 note) is
amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections (f) and (g),
respectively.
(e) DEFENSE AUTHORIZATION AMENDMENTS AND BASE CLOSURE AND REALIGNMENT ACT
OF 1990- Section 206 of the Defense Authorization Amendments and Base Closure
and Realignment Act of 1990 (Public Law 100-526; 102 Stat. 2631) (10 U.S.C.
2687) is repealed.
(f) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1991- The National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
1607, 1819, and 1822, respectively) is amended--
(1) in section 831, by striking subsection (l);
(2) in section 2921, by striking subsections (e), (f), (g)(1), and
(g)(2); and
(3) in section 2926, by striking subsection (g).
(g) DEFENSE ECONOMIC ADJUSTMENT, DIVERSIFICATION, CONVERSION, AND
STABILIZATION ACT OF 1990- Section 4004 of the Defense Economic Adjustment,
Diversification, Conversion, and Stabilization Act of 1990 (Public Law
101-510; 104 Stat. 1849) is amended by striking paragraph (c)(3).
(h) National Defense Authorization Act for Fiscal Years 1992 and 1993- The
National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 105 Stat. 1411 and 1562, respectively) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) through (f) as subsections (c)
through (e), respectively; and
(2) by repealing section 2868.
(i) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1993- The National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2367, 2439, 2516, and 2609 respectively) is amended--
(1) in section 324, by striking subsection (b), and by striking the
designator `(a)' prior to `Sense of Congress' in the remaining matter;
(2) in section 722, by striking subsection (d);
(A) by striking subparagraph (1)(B);
(B) by striking the dash in subsection (b) of section 1082;
and
(C) by striking the designator `(A)' preceding the remaining matter,
and realigning it to read as a paragraph; and
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b).
(j) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1994- The National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
1659 and 1931 respectively) is amended--
(1) by repealing section 542; and
(2) in section 2924, by striking subsection (b).
(k) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1995- The National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2804 and 2890, respectively) is amended--
(A) by striking subsection (h); and
(B) by redesignating subsection (i) as subsection (h); and
(2) in section 1305, by striking subsection (h).
(l) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996- Section 2840
of the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 564) is amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4); and
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4).
(m) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997- The National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2480 and 2653, respectively) is amended--
(1) in section 324, by striking subsection (c); and
(2) in section 1065, by striking subsection (b).
(n) OMNIBUS CONSOLIDATED APPROPRIATIONS ACT, 1997- Section 8009 of the
Omnibus Consolidated Appropriations Act, 1997 (Public Law 104-208; 110 Stat.
3009-89) is amended--
(1) by striking `unless the congressional defense committees have been
notified at least thirty days in advance of the proposed contract
award';
(2) by striking the comma after `year'; and
(3) by striking the colon before `Provided'.
(o) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1998- Section 349
of the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1690) is amended by striking subsection (e).
(p) 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; 112 Stat. 2075 and 2155, respectively) is
amended--
(A) by striking paragraph (2); and
(B) by striking the designator `(1)' following the catch line in the
preceding matter; and
(2) by repealing section 1223.
(q) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1999- Section 8005 of the
Department of Defense Appropriations Act, 1999 (Public Law 105-262; 112 Stat.
2297) is amended by striking `Provided further, That the Secretary of
Defense shall notify the Congress promptly of all transfers made pursuant to
this authority or any other authority in this Act:'.
(r) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000- The National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
542, 697, 706, 748, 756, 779, and 798, respectively) is amended--
(1) in section 212, by striking subsection (c);
(2) in section 724, by striking subsection (e);
(3) by repealing section 811;
(4) by repealing section 1025;
(5) in section 1039, by striking subsection (b);
(A) by striking subsections (d) and (e); and
(B) by redesignating subsection (f) as subsection (d); and
(7) in section 1402, by striking subsection (b)(2).
(s) MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2001- The Military
Construction Appropriations Act, 2001 (Public Law 106-246; 114 Stat. 517 and
518, respectively) is amended--
(1) by repealing section 125; and
(2) in section 127, by striking all that follows after `including flag
and general officer quarters' and inserting a period.
(t) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2001- Section 8019 of the
Department of Defense Appropriations Act, 2001 (Public Law 106-259; 114 Stat.
678;) is amended by striking the last sentence.
(u) FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2001- The Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (Public Law 106-398 Appendix; 114 Stat. 1654A-28 and 1654A-247,
respectively) is amended--
(1) by repealing section 131;
(2) in section 1006, by striking subsection (c); and
(3) by repealing section 1233.
(v) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2002- The National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1180 and 1204, respectively) is amended in section 804(a), by striking `of
each of years 2003 through 2006' and inserting `2003,'.
(w) 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; 10 U.S.C. 401
note) is amended by striking `, and these obligations shall be reported to the
Congress as of September 30 of each year'.
(x) Senate Executive Resolution 75 (105th Congress, 1st Session, Agreed to
by the Senate on April 24, 1997)- Section 2, Condition 11, paragraph (F), of
Senate Executive Resolution 75, a provision of the Senate's advice and consent
to the ratification of the Chemical Weapons Convention (Treaty Doc. 103-21),
is repealed.
Subtitle D--Other Matters
SEC. 931. COMBATANT COMMANDS INITIATIVES FUND.
(a) SUBSTITUTION OF THE TERM `CINC'- Section 166a of title 10, United
States Code, is amended by striking `CINC' wherever it appears and inserting
`Combatant Commander'.
(b) FUNDS AUTHORIZED- Subsection (e)(1) of such title 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. 932. CONSOLIDATING THE FINANCIAL MANAGEMENT OF FACILITIES IN THE
NATIONAL CAPITAL REGION AND DESIGNATED ALTERNATE SITES.
Section 2674 of title 10, United States Code, is amended--
(1) in subsection (b)(1), by striking `of the Department of Defense, and
located' and inserting `of the Department of Defense that is either on the
Pentagon Reservation or';
(2) in subsection (d), by inserting before the period at the end the
following: `or at facilities occupied by the Department of Defense in the
National Capital Region';
(A) in paragraph (1), by striking `pursuant to subsection (d)' and
inserting `or at facilities occupied by the Department of Defense in the
National Capital Region pursuant to subsection (d). Any residual balance
in the Buildings Maintenance Fund shall be transferred to the Pentagon
Reservation Maintenance Revolving Fund'; and
(B) in paragraph (2), by inserting before the period at the end the
following: `and at facilities occupied by the Department of Defense in the
National Capital Region.';
(4) in subsection (f)(1)--
(A) by inserting `--(A)' after the `The Pentagon Reservation
means';
(B) by striking the period at the end and inserting `; and';
and
(C) by adding at the end the following new subparagraph:
`(B) notwithstanding section 2682 of this title, such other areas of
land, locations, or physical facilities of the Department of Defense as
the Secretary of Defense may determine are necessary to designate as part
of the Pentagon Reservation in order to meet continuity of operations or
other related national security needs of the Department.'.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. PAYMENT OF FULL REPLACEMENT VALUE FOR PERSONAL PROPERTY
CLAIMS.
Section 2636 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(c) The Secretary of Defense or the Secretary of a military department
may procure from commercial transportation service providers full replacement
value coverage for household
goods shipments provided at government expense without regard to the dollar
limitations contained in title 37, United States Code, Section 3721, relative to
claims for loss or damages. Under such contracts, servicemembers will be
reimbursed full replacement value, if warranted, and such amounts may be
deducted from the amounts due the carriers if settlement is not reached between
the servicemember and the carrier.'.
SEC. 1002. RESTORATION OF AUTHORITY TO ENTER INTO 12-MONTH LEASES AT ANY
TIME DURING THE FISCAL YEAR.
Section 2410a(a) of title 10, United States Code, is amended by inserting
after `severable services' the following: `and the lease of real or personal
property, including the maintenance of such property when contracted for as
part of the lease agreement,'.
SEC. 1003. AUTHORITY TO PROVIDE REIMBURSEMENT FOR CELLULAR TELEPHONE
USE.
(a) GENERAL AUTHORITY- The Secretary of Defense is authorized to reimburse
employees on a flat-rate basis for cellular telephone used on privately-owned
cellular phones when on official government business.
(b) REIMBURSEMENT RATE- The Secretary of Defense may prescribe the
cellular phone flat reimbursement rate. This reimbursement rate shall not
exceed the equivalent Government costs of providing a cellular telephone to
employees on official Government business.
SEC. 1004. REIMBURSEMENT FOR RESERVE INTELLIGENCE SUPPORT.
(a) IN GENERAL- Chapter 1003 of title 10, United States Code, is amended
by adding at the end the following new section:
`Sec. 10115. Reimbursement for reserve intelligence support
`The Secretary of Defense or the Secretary concerned shall reimburse a
Reserve or National Guard unit or organization for the pay, allowances, or
other expenses incurred by the Reserve or National Guard unit or organization
when a member of the Reserve or National Guard unit or organization provides
intelligence support, counterintelligence support, or intelligence and
counterintelligence support to Combatant Commands, Defense Agencies, and Joint
Intelligence Activities, including but not limited to the activities and
programs within the National Foreign Intelligence Program, the Joint Military
Intelligence Program, and the Tactical Intelligence and Related Activities.
Reimbursement shall be paid out of funds available for operations and
maintenance of the military departments, combatant commands, or Defense
Agencies.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`10115. Reimbursement for reserve intelligence support.'.
SEC. 1005. INCREASED USE OF ENERGY COST SAVINGS.
Section 2865(b)(1) of title 10, United States Code, is amended by striking
`Two-thirds of the portion of the funds appropriated to Department of Defense
for a fiscal year that is' and inserting `Funds appropriated to the Department
of Defense for a fiscal year that are'.
SEC. 1006. ALLOW THE DEPARTMENT OF DEFENSE TO CAPTURE ALL EXPIRED FUNDS FROM
THE MILITARY PERSONNEL AND OPERATION AND MAINTENANCE APPROPRIATIONS ACCOUNTS FOR
USE IN THE FOREIGN CURRENCY FLUCTUATIONS ACCOUNT.
Section 2779 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking `second fiscal year' and inserting
`fifth fiscal year'; and
(2) in subsection (d)(2), by striking `second fiscal year' and inserting
`fifth fiscal year'.
SEC. 1007. FUNDING FOR SPECIAL OPERATIONS RESERVE COMPONENT PERSONNEL
ENGAGED IN ACTIVITIES RELATING TO CLEARANCE OF LANDMINES.
Funds authorized in this Act for the Overseas Humanitarian, Disaster and
Civic Aid programs of the Department of Defense shall be available, in a total
amount not to exceed $5,000,000 in any fiscal year, for reimbursement of pay
and allowances of Special Operations Reserve Component personnel performing
duty in connection with training and activities related to the clearing of
landmines for humanitarian purposes.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. REIMBURSEMENT TO THE NAVY FOR ASSISTANCE PROVIDED IN SUPPORT OF
CERTAIN SHIP AND SHIPBOARD EQUIPMENT TRANSFERS.
(a) IN GENERAL- Chapter 633 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 7316. Reimbursement for assistance provided in support of certain ship
and shipboard equipment transfers
`(a) AUTHORITY TO PERFORM WORK- The Secretary of the Navy may provide
assistance in support of any ship or shipboard equipment transfer under
sections 2572, 7306, 7307, and 7545 of this title, or under any other
authority, in connection with inactive decommissioned Navy-owned vessels
maintained and located at Navy facilities.
`(b) REIMBURSEMENT- The Secretary may require the entities receiving
assistance under subsection (a) to reimburse the Navy for amounts expended in
providing such assistance.
`(c) DEPOSIT OF FUNDS RECEIVED- Funds received under subsection (b) shall
be credited to the appropriations supporting the maintenance and operation of
the Navy Inactive Ships Management Office for the fiscal year in which the
funds are received, to merge with and become available for the same purposes
and period as the accounts to which they are credited.'.
(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. Reimbursement for assistance provided in support of certain ship
and shipboard equipment transfers.'.
SEC. 1012. VESSELS STRICKEN FROM NAVAL VESSEL REGISTER: USE FOR EXPERIMENTAL
PURPOSES.
Section 7306a of title 10, United States Code, is amended--
(A) in paragraph (1), by adding at the end the following new sentence:
`Material and equipment stripped from the vessel may be sold by a
contractor or a designated sales agent on behalf of the Navy.';
and
(B) in paragraph (2), by striking `scrapping services' and all that
follows through the end of the paragraph and inserting `services needed
for such stripping and for environmental remediation required for the use
of a vessel for experimental purposes. Amounts received which are in
excess of amounts needed for reimbursement of those costs shall be
deposited into the account from which the stripping and environmental
remediation expenses were incurred and shall be available for stripping
and environmental remediation of other vessels used for experimental
purposes.'; and
(2) by adding at the end the following new subsection:
`(c) EXPERIMENTAL PURPOSES DEFINED- For purposes of this section, the term
`experimental purposes' includes vessels used in Navy sink exercises and for
target use.'.
SEC. 1013. AUTHORIZE TRANSFER OF VESSELS STRICKEN FROM THE NAVAL VESSEL
REGISTER FOR USE AS ARTIFICIAL REEFS.
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 subsections (c) and (d) of
section 602 of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 474), 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) VESSEL TO BE USED AS ARTIFICIAL REEF- An agreement for the transfer
of a vessel under subsection (a) shall require that--
`(1) the transferee use, site, construct, monitor and manage the vessel
only as an artificial reef in accordance with the requirements of chapter 35
of title 33, except that the transferee also may use the artificial reef to
enhance diving opportunities if that use does not have an adverse effect on
fishery resources, as defined in section 1802(14) of the Magnuson-Stevens
Fishery Conservation and Management Act of 1976, as amended (Public Law
100-627; 16 U.S.C. 1802); and
`(2) the transferee shall obtain and bear all of the responsibility for
complying with all of the applicable federal, state, interstate, and local
permits for siting, constructing, monitoring and managing a vessel as an
artificial reef.
`(c) ADDITIONAL TERMS- The Secretary may require such additional terms in
connection with the conveyance authorized by this section as the Secretary
considers appropriate.
`(d) COST SHARING ON TRANSFERS- The Department of the Navy may share with
the recipient any of the costs associated with transferring the vessel under
this section.
`(e) APPLICATION FOR MORE THAN ONE VESSEL- A State, Commonwealth, or
possession of the United States, or any municipal corporation or political
subdivision thereof, may apply for more than one vessel under this
section.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 7306a the
following new item:
`7306b. Vessels stricken from Naval Vessel Register; transfer by gift or
otherwise for use as artificial reefs.'.
SEC. 1014. REPEAL OF THE SHIPBUILDING CAPABILITY PRESERVATION
AGREEMENT.
(a) IN GENERAL- Section 7315 of title 10, United States Code, is
repealed.
(b) SAVINGS PROVISION- Agreements entered into under the authority of
section 7315 prior to the date of enactment of this Act shall continue to
remain in full force and effect.
(c) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
633 of such title is amended by striking the item relating to section 7315.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTEND AUTHORITY FOR USE OF COUNTER-DRUG ACTIVITIES.
(a)(1) AUTHORITY- In fiscal years 2004 and 2005, the Secretary of Defense
may use funds available for drug interdiction and counter-drug activities to
provide assistance to the Government of Colombia to support a unified campaign
against narcotics trafficking, to support a unified campaign against
activities by organizations designated as terrorist organizations such as the
Revolutionary Armed Forces of Colombia, the National Liberation Army, and the
United Self-Defense Forces of Colombia, and to take actions to protect human
health and welfare in emergency circumstances, including undertaking rescue
operations.
(2) The authority in this section is in addition to authorities currently
available to provide assistance to Colombia.
(b) APPLICATION TO FUNDS- 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, respectively), section
8093 of the Department of Defense Appropriations Act, 2002 (Public Law
107-248; 116 Stat. 1558), and the numerical limitations on the number of
United States military personnel and United States individual civilian
contractors in section 3204(b)(1) of the Military Construction Appropriations
Act, 2001 (Public Law 106-246; 114 Stat. 575), as amended, shall be applicable
to funds made available pursuant to the authority contained in subsection
(a).
(c) PROHIBITION- No United States Armed Forces personnel or United States
civilian contractor employed by the United States will participate in any
combat operation in connection with assistance made available under this
chapter, except for the purpose of acting in self-defense or rescuing any
United States citizen to include United States Armed Forces personnel, United
States civilian employees, and civilian contractors employed by the United
States.
SEC. 1022. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-TERRORISM ACTIVITIES IN
THE AMERICAS.
In fiscal year 2004, funds made available to the Department of Defense to
support counter-drug activities are hereby authorized to support a unified
campaign against illicit narcotics-trafficking and related activities by
identified organizations engaged in such narcotics-trafficking, to support a
unified campaign against activities by organizations in the Americas
hemisphere actively engaged in, or designated as, terrorist organizations, and
to take sufficient action to protect human health and welfare in exigent
circumstances, including the undertaking of rescue operations throughout
Central and South America and the waters south of the Continental United
States, such as the Pacific Ocean east of 120 degrees West, the Gulf of
Mexico, and the Caribbean Sea. The exercise of this authority by the Secretary
of Defense is subject to the concurrence of the Secretary of State.
SEC. 1023. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL
SUPPORT FOR COUNTER-DRUG ACTIVITIES.
Section 1033 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1881), as amended by the National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398; 114 Stat.
1654A-255), is amended--
(1) in the section title by striking `Peru and Colombia' and inserting
`other countries';
(A) by striking `2002' and inserting `2006'; and
(B) by striking `either or both' and inserting `any';
(3) by amending subsection (b) to read as follows:
`(b) GOVERNMENTS ELIGIBLE TO RECEIVE SUPPORT- The foreign governments
eligible to receive counter-drug support under this section are as follows:
(A) in paragraph (2) by striking `riverine';
(B) by amending paragraph (3) to read as follows:
`(3) The maintenance, repair, or upgrade of equipment of the government
that is used for counter-drug activities.'; and
(C) by adding at the end the following new paragraph (4):
`(4) The sustainment, including ammunition, of counter-drug security
forces.';
(5) in subsection (e)(2)--
(A) by striking `$20,000,000' and inserting `$40,000,000';
and
(B) by striking `1999' and inserting `2004'; and
(A) by amending subsection (h) to read as follows:
`(h) COUNTER-DRUG PLAN- The Secretary of Defense, in consultation with the
Secretary of State, shall prepare for fiscal year 2004 (and revise as
necessary for subsequent fiscal years) a counter-drug plan involving the
governments named in subsection (b) to which support will be provided under
this section:';
(B) in paragraph (2), by striking `riverine';
(C) in paragraph (7), by striking `riverine';
(D) in paragraph (8), by striking `riverine'; and
(E) by amending paragraph (9) to read as follows:
`(9) A detailed discussion of how the counter-drug program supports the
national drug control strategy and the national security cooperation goals
of the United States.'.
Subtitle D--Other Department of Defense Provisions
SEC. 1031. PROVISION OF LIVING QUARTERS FOR CERTAIN STUDENTS.
Section 2195 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(d) Notwithstanding the provisions of section 5911(c), title 5, United
States Code, the Director of the National Security Agency may provide living
quarters without charge, or at rates or charges fixed by regulation, 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 Agency's laboratory.'.
SEC. 1032. REPEAL OF REQUIRED GRADE FOR DEFENSE ATTACHE IN FRANCE.
(a) IN GENERAL- Section 714 of title 10, United States Code, is
repealed.
(b) CONFORMING AMENDMENT- The table of sections at the beginning of
chapter 41 of that title is amended by striking the item relating to section
714.
SEC. 1033. NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
(a) DEFINITION OF GEOSPATIAL INTELLIGENCE- Section 467 of title 10, United
States Code, is amended by adding at the end the following new paragraph:
`(5) The term `geospatial intelligence' means the exploitation and
analysis of imagery and geospatial information to describe, assess, and
visually depict physical features and geographically referenced activities
on the Earth. This term consists of imagery, imagery intelligence, and
geospatial information.'.
(b) MISSIONS- Section 442(a) of such title is amended to read as
follows:
`(a) NATIONAL SECURITY MISSIONS-
(1) The National Geospatial-Intelligence Agency shall, in support of the
national security objectives of the United States, provide geospatial
intelligence consisting of the following:
`(B) Imagery intelligence.
`(C) Geospatial information.
`(2) Geospatial intelligence provided in carrying out paragraph (1)
shall be timely, relevant, and accurate.'.
(c) NATIONAL SECURITY ACT CHANGE- Section 110 of the National Security Act
of 1947 (50 U.S.C. 404(e)) is amended by striking `imagery' and inserting
`geospatial intelligence'.
(d) Technical Changes to Title 10-
(1) The title of chapter 22 of such title is amended by striking
`National Imagery and Mapping Agency' and inserting `National
Geospatial-Intelligence Agency'.
(2) Paragraphs (a) and (b) of section 441 of such title are amended by
striking `National Imagery and Mapping Agency' and inserting `National
Geospatial-Intelligence Agency'.
(3) Section 442 of such title is amended by striking `National Imagery
and Mapping Agency' wherever it appears and inserting `National
Geospatial-Intelligence Agency'.
(4) Paragraphs (a) and (b) of section 443 of such title are amended by
striking `National Imagery and Mapping Agency' and inserting `National
Geospatial-Intelligence Agency'.
(5) Paragraphs (a), (b), (c), and (e) of section 444 of such title are
amended by striking `National Imagery and Mapping Agency' and inserting
`National Geospatial-Intelligence Agency'.
(6) Section 451 of such title is amended by striking `National Imagery
and Mapping Agency' and inserting `National Geospatial-Intelligence
Agency'.
(7) Paragraphs (a) and (b) of section 452 of such title are amended by
striking `National Imagery and Mapping Agency' and inserting `National
Geospatial-Intelligence Agency'.
(8) Paragraphs (a) and (b) of section 453 of such title are
amended--
(A) by striking `National Imagery and Mapping Agency' and inserting
`National Geospatial-Intelligence Agency'; and
(B) by striking `NIMA' and inserting `NGA'.
(9) Section 454 of such title is amended by striking `National Imagery
and Mapping Agency' and inserting `National Geospatial-Intelligence
Agency'.
(10) Paragraphs (a) and (b) of section 455 of such title are amended by
striking `National Imagery and Mapping Agency' and inserting `National
Geospatial-Intelligence Agency'.
(11) Paragraphs (a) and (b) of section 456 of such title are amended by
striking `National Imagery and Mapping Agency' and inserting `National
Geospatial-Intelligence Agency'.
(12) Paragraph (b) of section 457 of such title is amended by striking
`National Imagery and Mapping Agency' and inserting `National
Geospatial-Intelligence Agency'.
(13) Paragraphs (a), (b), (c), and (d) of section 461 of such title are
amended by striking `National Imagery and Mapping Agency' and inserting
`National Geospatial-Intelligence Agency'.
(14) Section 1614 of such title is amended by striking `National Imagery
and Mapping Agency' and inserting `National Geospatial-Intelligence
Agency'.
(e) Technical Changes to the National Security Act of 1947-
(1) Section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is
amended by striking `National Imagery and Mapping Agency' and inserting
`National Geospatial-Intelligence Agency'.
(2) Paragraphs (b) and (d) of section 105 of such Act (50 U.S.C. 403-5)
are amended by striking `National Imagery and Mapping Agency' and inserting
`National Geospatial-Intelligence Agency'.
(3) Paragraph (b) of section 105A of such Act (50 U.S.C. 403-5a) is
amended by striking `National Imagery and Mapping Agency' and inserting
`National Geospatial-Intelligence Agency'.
(4) Section 105C of such Act (50 U.S.C. 403-5c) is amended--
(A) by striking `National Imagery and Mapping Agency' wherever it
appears and inserting `National Geospatial-Intelligence Agency';
and
(B) and by striking `NIMA' wherever it appears and inserting
`NGA'.
(5) Paragraph (a) of section 106 of such Act (50 U.S.C. 403-6) is
amended by striking `National Imagery and Mapping Agency' and inserting
`National Geospatial-Intelligence Agency'.
(6) Paragraphs (a), (b), and (c) of section 110 of such Act (50 U.S.C.
404e) are amended by striking `National Imagery and Mapping Agency' and
inserting `National Geospatial-Intelligence Agency'.
(f) SEAL- Section 425 (a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
`(5) The words `National Geospatial-Intelligence Agency', the initials
`NGA,' or the seal of the National Geospatial-Intelligence Agency.'.
Subtitle E--Other Matters
SEC. 1041. UPDATING DEFINITIONS IN TITLE 10, UNITED STATES CODE.
(a) GENERAL DEFINITIONS- Subsection (a) of section 101 of title 10, United
States Code, is amended by adding at the end the following new paragraphs:
`(16) The term `appropriate committees of Congress' means the Committee
on Armed Services and the Committee on Appropriations of the Senate and the
Committee on Armed Services and the Committee on Appropriations of the House
of Representatives and, with respect to any project to be carried out by, or
for the use of, an intelligence component of the Department of Defense, the
Permanent Select Committee on Intelligence of the House of Representatives
and the Select Committee on Intelligence of the Senate.
`(17) The term `base closure law' means--
`(A) section 2687 of this title;
`(B) title II of the Defense Authorization Amendments and Base Closure
and Realignment Act of 1988 (Public Law 100-526; 10 U.S.C. 2687
note);
`(C) 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); and
`(D) any other similar authority for the closure or realignment of
military installations that is enacted after the date of the enactment of
the Bob Stump National Defense Authorization Act for Fiscal Year
2003.
`(18) The term `Indian tribe' has the meaning given such term in section
102(2) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
479a(2)).'.
(b) FACILITIES DEFINITIONS- Section 101 is further 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- Unless the context indicates otherwise,
the following definitions relating to facilities and operations apply to this
title:
`(1) The term `military munitions'--
`(A) 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,
incendiaries, 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, and
`(B) does not include wholly inert items, improvised explosive
devices, and nuclear weapons, nuclear devices, and nuclear components,
except that the term does include non-nuclear 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) a range that is used for range activities, or
`(B) a range that is not currently being used for range activities,
but that is still considered by the Secretary concerned to be a range, is
under the jurisdiction, custody, or control of the Secretary concerned,
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 set aside,
managed, and used to conduct research, development, testing, and evaluation
of military munitions, other ordnance, or weapon systems, or to train
military personnel in their use and handling. Ranges include firing lines
and positions, maneuver areas, firing lanes, test pads, detonation pads,
impact areas, electronic scoring sites, buffer zones with restricted access
and exclusionary areas, and 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,
or other associated airspace.
`(4) 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.'.
(c) Conforming Amendments-
(1) Subsection (e) of section 2710 of title 10, United States Code, is
amended--
(A) by striking paragraphs (3), (5), and (9); and
(B) by redesignating paragraphs (4), (6), (7), (8), and (10) as
paragraphs (3), (4), (5), (6), and (7), respectively.
(2) Subsection (d) of section 313 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1053), is amended by
inserting after `311' the following: `, or in section 101 of title 10,
United States Code'.
(3) Title 10, United States Code, is further amended as follows:
(A) Subsection (c) of section 2801 is amended by striking paragraph
(4).
(B) Sections 181, 229, 1107, 2216, 2218, 2306b, 2366, 2399, 2534,
2667, and 10216 are amended by striking `congressional defense committees'
each place it appears and inserting `appropriate committees of
Congress'.
(C) Subsection (d)(2) of section 181 is amended--
(i) by striking `subsection: (A) The' and inserting `subsection,
the'; and
(ii) by striking paragraph (B).
(D) Subsection (f) of section 229 is repealed.
(E) Subsection (f)(4) of section 1107 is amended by striking
subparagraph (C).
(F) Subsection (j) of section 2216 is amended by striking paragraph
(3).
(G) Subsection (l) of section 2218 is amended--
(i) by striking paragraph (4); and
(ii) by redesignating paragraph (5) as paragraph (4).
(H) Subsection (l) of section 2306b is amended--
(i) by striking paragraph (9); and
(ii) by redesignating paragraph (10) as paragraph (9).
(I) Subsection (e) of section 2366 is amended by striking paragraph
(7).
(J) Subsection (h) of section 2399 is amended--
(i) in paragraph (1), by striking `section: (1) The' and inserting
`section, the'; and
(ii) by striking paragraph (2).
(K) Subsection (h) of section 2667 is amended--
(i) by striking paragraphs (1) and (2); and
(ii) by striking `section: (3) The' and inserting `section,
the'.
(4) Title 10, United States Code, is further amended as follows:
(A) Subsection (f) of section 2490a is amended--
(i) by striking `section: (1) The' and inserting `section, the';
and
(ii) by striking paragraph (2).
(B) Section 2705 is amended by striking subsection (h).
(C) Section 2871 is amended--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3), (4), (5), (6), (7), and (8) as
paragraphs (2), (3), (4), (5), (6), and (7), respectively.
SEC. 1042. IMPROVING READINESS IN PROVIDING FIREFIGHTING SERVICES.
Section 2465(b) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
`(4) to a contract for the performance of a firefighting function for a
period of one year or less to fill vacant positions created by deployed
military fire fighters.'.
SEC. 1043. DOCUMENTS, HISTORICAL ARTIFACTS, AND OBSOLETE OR SURPLUS
MATERIEL: LOAN, DONATION, OR EXCHANGE.
(a) IN GENERAL- Section 2572 of title 10, United States Code, is
amended--
(1) in the heading, by striking `condemned or obsolete combat' and
inserting `obsolete or surplus';
(2) in subsection (a), by striking `subsection (c)' and inserting
`subsection (c)(1)';
(3) in subsection (b), by striking `subsection (c)' and inserting
`subsection (c)(2)'; and
(A) by striking `(c) This section' and `(c)(1) Subsection (a)';
and
(B) by adding at the end the following new paragraph:
`(2) Subsection (b) applies to the following types of property held by a
military department or the Coast Guard: books, manuscripts, works of art,
historical artifacts, drawings, plans, models, and obsolete or surplus
materiel.'.
(b) CONFORMING AMENDMENT- The table of sections at the beginning of
chapter 153 of
such title is amended by amending the item relating to section 2572 to read
as follows:
`2572. Documents, historical artifacts, and obsolete or surplus combat
materiel: loan, gift, or exchange.'.
SEC. 1044. AUTHORITY TO ENSURE DEMILITARIZATION OF SIGNIFICANT MILITARY
EQUIPMENT FORMERLY OWNED BY THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL- Chapter 153 of title 10, United States Code, is amended by
inserting after section 2582 the following new section:
`Sec. 2583. Continued authority to require demilitarization of significant
military equipment after disposal
`(a) AUTHORITY TO REQUIRE DEMILITARIZATON- The Secretary of Defense may
require any person in possession of significant military equipment formerly
owned by the Department of Defense--
`(1) to demilitarize the equipment;
`(2) to have the equipment demilitarized by a third party; or
`(3) to return the equipment to the United States Government for
demilitarization.
`(b) COST AND VALIDATION OF DEMILITARIZATION- When the demilitarization of
significant military equipment is carried out by the person in possession of
the equipment pursuant to paragraph (1) or (2) of subsection (a), the person
shall be solely responsible for all demilitarization costs, and the United
States shall have the right to validate that the equipment has been
demilitarized.
`(c) RETURN OF EQUIPMENT TO THE U.S. GOVERNMENT- When the Secretary of
Defense requires the return of significant military equipment for
demilitarization by the United States Government, the Secretary shall bear all
costs to transport and demilitarize the equipment. If the person in possession
of the significant military equipment obtained the property in the manner
authorized by law or regulation and the Secretary determines that the cost to
demilitarize and return the property to the person is prohibitive, the
Secretary shall reimburse the person for the fair market value of the property
or, if the fair market value is not readily ascertainable, the purchase cost
of the property and for the reasonable transportation costs incurred by the
person to purchase the equipment.
`(d) ESTABLISHMENT OF DEMILITARIZATON STANDARDS- The Secretary of Defense
may prescribe by regulation what constitutes demilitarization for each type of
significant military equipment.
`(e) EXCEPTIONS- This section does not apply--
`(1) when a person is in possession of significant equipment formerly
owned by the Department of Defense for the purpose of demilitarizing the
equipment pursuant to a U.S. Government contract;
`(2) to small arms weapons issued under the Defense Civilian
Marksmanship Program established in title 36, United States Code;
`(3) to issues by the Department of Defense to museums where
demilitarization has been performed in accordance with departmental
regulations; and
`(4) to other issues and undemilitarized significant military equipment
under the provisions of departmental regulations.
`(f) DEFINITION OF SIGNIFICANT MILITARY EQUIPMENT- In this section, the
term `significant military equipment' means--
`(1) an article for which special export controls are warranted under
the Arms Export Control Act (22 U.S.C. 2751 et seq.) because of its capacity
for substantial military utility or capability, as identified on the United
States Munitions List maintained under sect 121.1 of title 22, Code of
Federal Regulations; and
`(2) any other article designated by the Department of Defense as
requiring demilitarization before its disposal.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`2583. Continued authority to require demilitarization of significant
military equipment after disposal.'.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. POSITION VACANCY PROMOTION CONSIDERATION IN TIME OF WAR OR
NATIONAL EMERGENCY.
(a) VACANCY PROMOTION CONSIDERATION- Section 14317 of title 10, United
States Code, is amended--
(1) in subsection (d), by striking `If a reserve officer' and inserting
`Except as provided in subsection (e), if a reserve officer'; and
(2) in subsection (e), by inserting `or, in the case of an officer who
has been ordered to or is serving on active duty in support of a contingency
operation as defined in section 101(a)(13) of this title, a vacancy
promotion board' after `mandatory promotion board'.
(b) CONFORMING AMENDMENT- Paragraph (1) of section 14315(a) of such title
is amended by striking `or, as determined by the Secretary concerned, is
available to occupy a position' and inserting `or, under regulations
prescribed by the Secretary concerned, is recommended to occupy a
position'.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Related to Allies and Friendly Foreign
Nations
SEC. 1201. EXPANSION OF AUTHORITY TO CONDUCT THE ARCTIC MILITARY
ENVIRONMENTAL COOPERATION PROGRAM.
Section 327 of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law No. 105-261; 112 Stat. 1965), is amended--
(1) in the title, by inserting `AND WESTERN PACIFIC' after
`ARCTIC';
(2) by striking subsections (b) and (c);
(3) by redesignating subsection (a) as subsection (b);
(4) by inserting after the title the following new subsection (a):
`(a) AUTHORITY TO CONDUCT PROGRAM- Subject to subsection (b), the
Secretary of Defense, with the concurrence of the Secretary of State, may
conduct the Arctic and Western Pacific Military Environmental Cooperation
Program.'; and
(5) in subsection (b), as redesignated by paragraph (3)--
(i) by inserting `and Western Pacific' after `Subject to paragraph
(2), activities under the Arctic';
(ii) by inserting `and assistance' after `shall include
cooperative'; and
(iii) by striking `in the Arctic Region'; and
(i) by inserting `Western Pacific' after `Activities under the
Arctic'; and
(ii) by striking `for purposes for which funds for Cooperative
Threat Reduction programs have been denied or are prohibited, including
the purposes'.
SEC. 1202. AUTHORITY TO WAIVE DOMESTIC SOURCE OR CONTENT REQUIREMENTS.
(a) IN GENERAL- 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) 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. et seq.).
`(3) Sections 2533a, 7309 and 7310 of this title.
`(e) 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.
`(f) 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. 1203. AUTHORITY TO EXPEND FUNDS TO RECOGNIZE SUPERIOR NONCOMBAT
ACHIEVEMENTS OR PERFORMANCE BY MEMBERS OF FRIENDLY FOREIGN FORCES AND OTHER
FOREIGN NATIONALS.
(a) IN GENERAL--Chapter 53 of title 10, United States Code, is amended by
inserting after section 1051 the following new section:
`Sec. 1051a. Bilateral or regional cooperation programs: expenditure of
funds to recognize superior noncombat achievements or performance
`(a) GENERAL AUTHORITY- The Secretary of Defense may expend operations and
maintenance funds to recognize superior noncombat achievements or performance,
by members of friendly foreign forces and other foreign nationals, that
significantly enhance or support the National Security Strategy of the United
States. Activities that may be recognized include superior achievement or
performance that--
`(1) plays a crucial role in shaping the international security
environment in ways that protect and promote United States interests;
`(2) supports or enhances United States overseas presence and peacetime
engagement activities such as defense cooperation initiatives, security
assistance training and programs, and training and exercises with United
States Armed Forces;
`(3) helps to deter aggression and coercion, build coalitions, promote
regional stability; and
`(4) serves as role models for appropriate conduct by militaries in
emerging democracies.
`(b) LIMITATIONS- Expenditures for the purchase or production of suitable
mementos under this section shall not exceed the `minimal value' established
in accordance with section 7342(a)(5) of title 5.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 1051 the
following new item:
`1051a. Bilateral or regional cooperation programs: expenditure of funds
to recognize superior noncombat achievements or performance.'.
SEC. 1204. ADMINISTRATIVE SUPPORT AND SERVICES FOR FOREIGN LIAISON
OFFICERS.
(a) AUTHORITY- Section 1051a of title 10, United States Code, is amended
to read as follows:
`Sec. 1051a. Administrative support and services for foreign liaison
officers
`(a) AUTHORITY- The Secretary of Defense may provide administrative
services and support for the performance of duties by any liaison officer of
another nation while the liaison officer is assigned to the headquarters of
combatant command, component command, or subordinate operational command of
the United States.
`(b) TRAVEL, SUBSISTENCE, AND OTHER EXPENSES- The Secretary may pay the
travel, subsistence, and similar personal expenses of a liaison officer of a
developing nation involved in a coalition while the liaison officer is
assigned temporarily to the headquarters of a combatant command, component
command, or subordinate operational command of the United States, in
connection with the planning for, or conduct of, a coalition operation, if the
assignment is requested by the commander of the combatant command.
`(c) REIMBURSEMENT- To the extent that the Secretary determines
appropriate, the Secretary may provide the services and support authorized
under subsection (a) and the expenses authorized by subsection (b) with or
without reimbursement from (or on behalf of) the recipients.
`(d) DEFINITIONS- In this section:
`(1) The term `administrative services and support' includes base or
installation support services, office space, utilities, copying services,
fire and police protection, and computer support.
`(2) The term `coalition' means an ad hoc arrangement between or among
the United States and one or more other nations for common action.'.
SEC. 1205. GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES.
Section 1306 (b)(1) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2892) is amended by striking
`military officers and civilian officials of cooperation partner states of the
North Atlantic Council or the Partnership for Peace' and inserting `foreign
participants'.
SEC. 1206. RESTRICTIONS ON PERMANENT TRANSFER OF SIGNIFICANT MILITARY
EQUIPMENT.
(a) IN GENERAL- Chapter 138 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 2350l. Restrictions on permanent transfer of significant military
equipment
`(a) TRANSFER OF SIGNIFICANT MILITARY EQUIPMENT- Lethal and non-lethal
military equipment designated as significant military equipment (SME), may be
permanently transferred, with the concurrence of the Secretary of State, only
when the transaction is conducted as replacement in kind, where the equipment
is identical, and in situations where the recipient country has an existing
inventory for the SME in question.
`(b) EXPORT AND TRANSFER LAWS- The authority to transfer SME in accordance
with subsection (a) is subject to all other applicable laws and regulations
pertaining to export and transfers.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`2350l. Restrictions on permanent transfer of significant military
equipment.'.
SEC. 1207. AMENDMENT TO AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER FOR
SECURITY STUDIES OF FOREIGN GIFTS AND DONATIONS.
Section 2611 of title 10, United States Code, is amended--
(1) by striking `foreign' from--
(B) subsection (a) in both places it appears;
(ii) the first place it appears; and
(E) from the section title in the table of sections in the beginning
of the chapter;
(2) in subsection (a)(1), by adding at the end the following sentence:
`Such donations may be accepted from any agency of the Federal Government,
any State or local government, any foreign government, any foundation or
other charitable organization (including any that is organized or operates
under the laws of a foreign country), or any other private source in the
United States or a foreign country.'; and
(3) in subsection (f), by striking all after `services' and inserting a
period.
SEC. 1208. ADDITION OF INDIVIDUALS AUTHORIZED TO RECEIVE CHECK CASHING AND
EXCHANGES OF FOREIGN CURRENCY.
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 military member of an allied or coalition nation who is part of a
joint operation, joint exercise, humanitarian or peacekeeping mission with
the military forces of the United States, provided that such accommodation
has been approved by the senior United States military commander assigned to
the joint operation or mission, that the allied or coalition nation has
guaranteed payment for any deficiency resulting from such accommodation, and
that accommodations of negotiable instruments are limited to negotiable
instruments drawn on
financial institutions located in the United States or on foreign branches of
such institutions.'.
SEC. 1209. CONTINUATION OF THE REGIONAL DEFENSE COUNTERTERRORISM FELLOWSHIP
PROGRAM.
The Secretary of Defense may pay for all costs associated with the
attendance of foreign military officers, ministry of defense officials, and
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
transportation, travel, and subsistence costs.
SEC. 1210. LOGISTICS SUPPORT FOR FRIENDLY NATIONS.
Section 2342 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(e) Notwithstanding any other provision of law or regulation, the
Secretary of Defense, when in the best interests of the United States and
subject to the availability of appropriations, may provide logistics support,
supplies and services, on a reimbursable or non-reimbursable basis, without a
completed cross-servicing or foreign military sales agreement, to the
following countries participating, with or on behalf of the United States, in
an exercise, a contingency operation, as defined by section 101 of this title,
or war--
`(1) North Atlantic Treaty Organization bodies and member
countries;
`(2) Countries permitting stationing of United States Armed Forces,
importation of United States military equipment and materials and porting of
ships;
`(3) Counties holding a defense alliance with the United States;
and
`(4) Countries hosting military exercises involving the United
States.'.
Subtitle B--Other Matters
SEC. 1221. REPEAL OF THE AUTHORIZATION FOR THE ESTABLISHMENT OF THE CENTER
FOR THE STUDY OF CHINESE MILITARY AFFAIRS.
Section 914 of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 721), is repealed.
TITLE XIII--HOMELAND SECURITY
Sec. 1301. Sales of chemical and biological defense articles and
services to state and local governments.
SEC. 1301. SALES OF CHEMICAL AND BIOLOGICAL DEFENSE ARTICLES AND SERVICES TO
STATE AND LOCAL GOVERNMENTS.
(a) AUTHORITY FOR PROCUREMENT AND SALES- Chapter 18 of title 10, United
States Code, is amended by adding at the end the following new section:
`Sec. 383. Sales of chemical and biological defense articles and services to
State and local governments
`(a) PROCUREMENT THROUGH THE DEPARTMENT OF DEFENSE- The Secretary of
Defense shall establish procedures in accordance with this subsection under
which States and units of local government may purchase articles suitable for
chemical and biological defense and operator training, repair and maintenance,
and similar services in connection with such articles, through the Department
of Defense.
`(b) SALES FROM INVENTORIES- The Secretary of Defense may sell articles
suitable for chemical and biological defense in Department of Defense
inventories to States and units of local government at a price based upon the
estimated or actual costs incurred by the Department in providing the
articles.
`(c) PROVISION OF SERVICES- The Secretary may provide, within any State or
unit of local government, operator training, repair and maintenance, and
similar services in connection with articles suitable for chemical and
biological defense at a price based upon the estimated or actual costs
incurred by the Department in providing the services.
`(d) PAYMENT FOR ARTICLES AND SERVICES- Payment for articles and services
under this section may be in advance or on providing the articles or
services.
`(e) REIMBURSEMENT OF ADMINISTRATIVE COSTS- In the case of any purchase
made by a State or unit of local government under this section, the Secretary
may require the State or unit of local government to reimburse the Department
of Defense for administrative costs to the Department of such purchase.
`(f) CREDIT OF FUNDS FROM SALES- Funds received by the Department of
Defense from sales of articles under subsection (b) shall be credited to the
military department, Defense Agency, or Department of Defense Field Activity
that sold the articles so as to merge with and become available for the same
purposes and period as the accounts to which they are credited, and shall be
available until expended only for the acquisition of articles suitable for
chemical and biological defense.
`(g) CREDIT OF FUNDS FOR SERVICES- Funds received for the provision of
services under subsection (c) shall be credited to the military department,
Defense Agency, or Department of Defense Field Activity that provided the
services and shall be available until expended only for the provision of such
services.
`(h) DEFINITIONS- In this section:
`(1) The terms `articles suitable for chemical and biological defense'
and `services' have the meaning given those terms in regulations as
prescribed by the Secretary of Defense.
`(2) The term `State' has the meaning given the term in section
381(d)(1)of this title.
`(3) The term `unit of local government' has the meaning given the term
in section 381(d)(2) of this title.'.
`(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`383. Sales of chemical and biological defense articles and services to
State and local governments.'.
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 or locations inside the United States, and in the
amounts, set forth in the following table:
Army: Inside the United States
---------------------------------------------------------------
State Installation or location Amount
---------------------------------------------------------------
Alabama Redstone Arsenal $5,500,000
Alaska Fort Wainwright $138,800,000
Georgia Fort Benning $30,000,000
Fort Stewart/Hunter Army Air Field $64,500,000
Hawaii Helemano Military Reservation $1,400,000
Schofield Barracks $119,400,000
Kansas Fort Riley $40,000,000
Kentucky Fort Knox $3,500,000
Louisiana Fort Polk $72,000,000
Maryland Fort Meade $9,600,000
New York Fort Drum $114,500,000
North Carolina Fort Bragg $152,000,000
Oklahoma Fort Sill $3,500,000
Texas Fort Hood $47,000,000
Virginia Fort Myer $9,000,000
Washington Fort Lewis $3,900,000
Total $814,600,000
---------------------------------------------------------------
(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 or locations outside the United States, and in the
amounts, set forth in the following table:
Army: Outside the United States
---------------------------------------------------------
Country Installation or location Amount
---------------------------------------------------------
Germany Area Support Group, Bamberg $17,900,000
Darmstadt $7,700,000
Grafenwoehr $76,000,000
Heidelberg $17,000,000
Hohenfels $13,200,000
Mannheim $4,300,000
Schweinfurt $7,500,000
Wuerzburg $18,500,000
Italy Aviano Air Base $15,500,000
Livorno $22,000,000
Korea Camp Casey $86,000,000
Camp Hovey $29,000,000
Kwajalein Atoll Kwajalein Atoll 9,400,000
Total $324,000,000
---------------------------------------------------------
(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, 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, and those funded in whole or in part
under Public Law 107-38, containing national security classified information
and for the purposes 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; provided that in
carrying out such projects--
(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) Where applicable, project documentation submitted to the congressional
defense committees shall satisfy general provisions of section 1001 of Public
Law 107-117 and address any exception to compliance, consultation,
coordination or inspection anticipated by 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 or locations, for
the purposes and in the amounts, set forth in the following table:
Army: Family Housing
------------------------------------------------------------------
State or Country Installation or location Purpose Amount
------------------------------------------------------------------
Alaska Fort Wainwright 100 Units $44,000,000
Arizona Fort Huachuca 160 Units $27,000,000
Kentucky Fort Knox 178 Units $41,000,000
New Mexico White Sands Missile Range 58 Units $14,600,000
Total: $126,600,000
------------------------------------------------------------------
(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 $197,803,000.
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 $2,935,927,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2101(a), $721,600,000.
(2) For military construction projects outside the United States
authorized by section 2101(b), $314,000,000.
(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,
$356,891,000.
(B) For support of military family housing (including the functions
described in section 2833 of title 10, United States Code),
$1,043,026,000.
(7) For the construction of phase 3 of a barracks complex, D Street, at
Fort Richardson, Alaska, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of Public
Law 107-107; 115 Stat. 1281), $33,000,000.
(8) For the construction of phase 2 of a barracks complex, Capron Road,
at Schofield Barracks, Hawaii, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of Public
Law 107-107; 115 Stat. 1283), as amended by section 2105 of this Act,
$49,000,000.
(9) For the construction of phase 2 of a barracks complex, Range Road,
at Fort Campbell, Kentucky, authorized by section 2101(a) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2681), $49,000,000.
(10) For the construction of phase 3 of a barracks complex, 17th & 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; Stat. 1280), $48,000,000.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2002
PROJECTS.
(a) MODIFICATION- The table in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of Public Law
107-107; 115 Stat. 1281), is amended in the item relating to Fort Richardson,
Alaska, by striking `$115,000,000' in the amount column and inserting
`$117,000,000'.
(b) CONFORMING AMENDMENT- Paragraph (2) of section 2104(b) of such Act
(115 Stat.
1284) is amended by striking `$52,000,000' and inserting `$54,000,000'.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(1), the Secretary of the
Navy may acquire real property and carry out military construction projects
for the installations or locations inside the United States, and in the
amounts, set forth in the following table:
Navy: Inside the United States
-------------------------------------------------------------------------------------------------------
State Installation or location Amount
-------------------------------------------------------------------------------------------------------
Arizona Marine Corps Air Station, Yuma $22,230,000
California Marine Corps Base, Camp Pendleton $73,580,000
Naval Air Station, Lemoore $34,510,000
Marine Corps Air Station, Miramar $4,740,000
Naval Air Station, North Island $49,240,000
Naval Air Warfare Center, China Lake $12,890,000
Naval Air Warfare Center, Point Mugu, San Nicholas Island $6,150,000
Naval Air Facility, San Clemente Island $18,940,000
Naval Postgraduate School, Monterey $35,550,000
Naval Station, San Diego $49,710,000
Marine Air Ground Task Force Training Center, Twentynine Palms $28,390,000
District of Columbia Marine Corps Barracks $1,550,000
Florida Naval Air Station, Jacksonville $3,190,000
Naval Air Station, Whiting Field, Milton $4,830,000
Naval Surface Warfare Center, Coastal Systems Station, Panama City $9,550,000
Blount Island (Jacksonville) $115,711,000
Georgia Strategic Weapons Facility Atlantic, Kings Bay $11,510,000
Hawaii Fleet and Industrial Supply Center, Pearl Harbor $32,180,000
Naval Magazine, Lualualei $6,320,000
Naval Shipyard, Pearl Harbor $7,010,000
Illinois Naval Training Center, Great Lakes $137,120,000
Maryland Naval Air Warfare Center, Patuxent River $24,370,000
Naval Surface Warfare Center, Indian Head $14,850,000
Mississippi Naval Air Station, Meridian $4,570,000
New Jersey Naval Air Warfare Center, Lakehurst $20,681,000
Naval Weapons Station, Earle $123,720,000
North Carolina Marine Corps Air Station, New River $6,240,000
Marine Corps Base, Camp Lejeune $29,450,000
Rhode Island Naval Station, Newport $16,140,000
Naval Undersea Warfare Center, Newport $10,890,000
Virginia Henderson Hall, Arlington $1,970,000
Marine Corps Combat Development Command, Quantico $3,700,000
Naval Amphibious Base, Little Creek $3,810,000
Naval Station, Norfolk $182,240,000
Naval Space Command Center, Dahlgren $20,520,000
Norfolk Naval Shipyard, Portsmouth $17,770,000
Washington Naval Magazine, Indian Island $2,240,000
Naval Submarine Base, Bangor $33,820,000
Strategic Weapons Facility Pacific, Bangor $6,530,000
Various Locations Various Locations, CONUS $56,360,000
Total $1,244,772,000
-------------------------------------------------------------------------------------------------------
(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 installations or locations outside the United States, and in the
amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------
Country Installation or location Amount
----------------------------------------------------------------
Bahrain Naval Support Activity, Bahrain $18,030,000
Italy Naval Support Activity, La Maddalena $39,020,000
Naval Air Station, Sigonella $34,070,000
United Kingdom Joint Maritime Facility, St. Mawgan $7,070,000
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)(6)(A), the Secretary of
the Navy may construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations or locations, 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, Pensacola 25 Units $4,447,000
North Carolina Marine Corps Base, Camp Lejeune 519 Units $68,531,000
Marine Corps Air Station, Cherry Point 339 Units 42,803,000
Total $157,366,000
-------------------------------------------------------------------------------
(b) PLANNING AND DESIGN- Using amounts appropriated pursuant to the
authorization of appropriation in section 2204(a)(5)(A), the Secretary of the
Navy may carry out architectural and engineering services and construction
design activities with respect to the construction or improvement of military
family housing units in an amount not to exceed $8,381,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may improve existing military family
housing units in an amount not to exceed $20,446,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
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 $2,169,829,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2201(a), $909,992,000.
(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),
$852,778,000.
(6) For construction of a shipboard ashore BEQ at Naval Shipyard
Norfolk, Virginia, authorized in 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.
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 or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------
Alabama Maxwell Air Force Base $13,400,000
Alaska Eielson Air Force Base $33,261,000
Elmendorf Air Force Base $2,000,000
Arizona Davis-Monthan Air Force Base $10,062,000
Arkansas Little Rock Air Force Base $3,695,000
California Beale Air Force Base $22,750,000
Edwards Air Force Base $19,444,000
Colorado Buckley Air Force Base $7,019,000
District of Columbia Bolling Air Force Base $9,300,000
Florida Hurlburt Field $7,800,000
Tyndall Air Force Base $6,320,000
Georgia Robins Air Force Base $29,264,000
Hawaii Hickam Air Force Base $73,296,000
Idaho Mountain Home Air Force Base $5,445,000
Illinois Scott Air Force Base $1,900,000
New Jersey McGuire Air Force Base $11,861,000
New Mexico Tularosa $3,600,000
Kirtland Air Force Base $7,097,000
North Carolina Pope Air Force Base $24,499,000
Seymour Johnson Air Force Base $11,222,000
North Dakota Minot Air Force Base $3,190,000
Ohio Wright-Patterson Air Force Base $10,500,000
Oklahoma Altus Air Force Base $1,167,000
Tinker Air Force Base $19,444,000
South Carolina Charleston Air Force Base $9,042,000
Texas Goodfellow Air Force Base $20,335,000
Lackland Air Force Base $57,360,000
Sheppard Air Force Base $29,167,000
Utah Hill Air Force Base $15,848,000
Virginia Langley Air Force Base $25,474,000
Total $494,762,000
------------------------------------------------------------------
(b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(2), the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
--------------------------------------------------------
Country Installation or location Amount
--------------------------------------------------------
Germany Ramstein Air Base $35,616,000
Spangdahlem Air Base $25,328,000
Italy Aviano Air Base $14,025,000
Korea Kunsan Air Base $7,059,000
Osan Air Base $16,638,000
Portugal Lajes Field, Azores $4,086,000
Turkey Incirlik Air Base $3,262,000
United Kingdom Royal Air Force, Lakenheath $30,587,000
Royal Air Force, Mildenhall $10,558,000
Wake Island Wake Island $24,000,000
Total $171,159,000
--------------------------------------------------------
(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 or location, and in the amount, set forth in the
following table:
Air Force: Unspecified Worldwide
-----------------------------------------------------------
Location Installation or location Amount
-----------------------------------------------------------
Unspecified Worldwide Classified Location $29,501,000
Total $29,501,000
-----------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(6)(A), the Secretary of
the Air Force may construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations or locations, 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 Base 93 Units $19,357,000
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 Base 186 Units $37,126,000
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 Base 138 Units $18,336,000
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
Turkey Incirlik Air Base 100 Units $17,538,000
United Kingdom Royal Air Force, Lakenheath 89 Units $23,640,000
Total $417,136,000
-----------------------------------------------------------------------
(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 $248,998,000.
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 $2,302,857,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2301(a), $486,282,000.
(2) For military construction projects outside the United States
authorized by section 2301(b), $171,159,000.
(3) For the 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,
$695,622,000.
(B) For support of military family housing (including functions
described in section 2833 of title 10, United States Code),
$834,468,000.
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
-------------------------------------------------------------------------------------------------------
Agency Installation or location Amount
-------------------------------------------------------------------------------------------------------
Defense Education Activity Marine Corps Base, Camp Lejeune, North Carolina $15,259,000
Defense Logistics Agency Defense Distribution Depot, New Cumberland, Pennsylvania $27,700,000
Eglin Air Force Base, Florida $4,800,000
Eielson Air Force Base, Alaska $17,000,000
Hickam Air Force Base, Hawaii $14,100,000
Hurlburt Field, Florida $4,100,000
Langley Air Force Base, Virginia $13,000,000
Laughlin Air Force Base, Texas $4,688,000
McChord Air Force Base, Washington $8,100,000
Nellis Air Force Base, Nevada $12,800,000
Offutt Air Force Base, Nebraska $13,400,000
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 Carolina $36,300,000
Fort Campbell, Kentucky $7,800,000
Harrisburg International Airport, Pennsylvania $3,000,000
Hurlburt Field, Florida $6,000,000
Tri-Care Management Activity Naval Station, Anacostia, District of Columbia $15,714,000
Naval Submarine Base, New London, Connecticut $6,700,000
United States Air Force Academy, Colorado $22,100,000
Walter Reed Medical Center, District of Columbia $9,000,000
Washington Headquarters Services Arlington, Virginia $38,086,000
Total $298,870,000
-------------------------------------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Agency Installation or 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 Base, Guam $26,000,000
Grafenwoehr, Germany $12,585,000
Total $137,699,000
------------------------------------------------------------------------
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
2404(a)(5)(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.
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 $1,017,718,000, as follows:
(1) For military construction projects inside the United States
authorized by section 2401(a), $296,670,000.
(2) For military construction projects outside the United States
authorized by section 2401(b), $120,334,000.
(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 of this
Act, $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 and 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.
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.
Funds are hereby 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, $168,298,000;
and
(B) for the Army Reserve, $68,478,000.
(2) For the Department of the Navy, for the Naval and Marine Corps
Reserve, $28,032,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States, $60,430,000;
and
(B) for the Air Force Reserve, $44,312,000.
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--
(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--
(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- Notwithstanding section 2701 of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of Public Law 106-398; 114
Stat. 1654A-389), authorizations set forth in the tables in subsection (b), as
provided in sections 2102, 2201, and 2404 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--GFOQ $250,000
------------------------------------------------------------------------
Navy: Extension of 2001 Project Authorization
-----------------------------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
-----------------------------------------------------------------------------------------------------------------------------------
Pennsylvania Naval Surface Warfare Center Shipyard Systems Engineering Station, Philadelphia Gas Turbine Test Facility $10,680,000
-----------------------------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 2001 Project Authorizations
-------------------------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
-------------------------------------------------------------------------------------------------------------------------------
Defense Education Activity Seoul, Korea Elementary School Full Day Kindergarten Classroom Addition $2,317,000
Taegu, Korea Elementary/High School Full Day Kindergarten Classroom Addition $762,000
-------------------------------------------------------------------------------------------------------------------------------
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 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) TABLE- The tables referred to in subsection (a) are as follows:
Air Force: Extension of 2000 Project Authorization
-------------------------------------------------------------------------------
State Installation or location Project Amount
-------------------------------------------------------------------------------
Oklahoma Tinker Air Force Base Replace Family Housing (41 Units) $6,000,000
-------------------------------------------------------------------------------
Army: Extension of 2000 Project Authorization
--------------------------------------------------------------------------
State Installation or location Project Amount
--------------------------------------------------------------------------
Virginia National Guard Ft. Pickett Multi-purpose Range-Heavy $13,500,000
--------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, and XXVII shall take effect on
the later of--
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction and Military Family
Housing
SEC. 2801. STREAMLINING MILITARY CONSTRUCTION TO REDUCE FACILITY ACQUISITION
AND CONSTRUCTION CYCLE TIME.
(a) THRESHOLDS- (1) Section 2803(c)(1) of title 10, United States Code, is
amended by striking `$30,000,000' and inserting `$60,000,000'.
(2) Section 2805 of such title is amended--
(A) in subsection (a)(1)--
(i) by striking `$1,500,000' and inserting `$3,000,000'; and
(ii) by striking `$3,000,000' and inserting `$6,000,000'.
(B) in subsection (b)(1) by striking `$750,000' and inserting
`$1,500,000'; and
(C) in subsection (c)(1)--
(i) by striking `$1,500,000' in subparagraph (A) and inserting
`$3,000,000'; and
(ii) by striking `$750,000' in subparagraph (B) and inserting
`$1,500,000'.
(3) Section 2811(b) of such title is amended by striking `$5,000,000' and
inserting `$10,000,000'.
(4) Section 18233a of such title is amended by striking `$1,500,000 in
subsection (a)(1) and inserting `$3,000,000'.
(b) PROJECT APPLICABILITY- Section 2805(b)(1) of such title is amended by
inserting at the end `This paragraph shall not apply to unspecified minor
military construction projects using funds made available for operation and
maintenance in accordance with subsection (c).'
(c) DESIGN-BUILD CONTRACTING- (1) Section 2305a(c)(5) of such title is
amended--
(A) by inserting `(A)' after `(5)'; and
(B) by adding at the end the following new subparagraph:
`(B) Notwithstanding any other provision of law, a military department may
accelerate design effort for design-build contracts (fast-track design
funding) to accomplish the design effort for any military construction or
family housing construction project, prior to the project being authorized and
appropriated, if (1) the contractor to whom the contract will be awarded has
been selected using design-build selection procedures established under this
section, (2) a request for the authorization and appropriation of construction
funds has been submitted to Congress as part of the Department's annual
budget, and (3) the Government's liability in a Termination for Convenience
would not exceed costs above that attributable to the final design of the
project.'.
(2) Section 2807(a) of such title is amended by striking `in connection
with military construction projects not otherwise authorized by law' at the
end of the first sentence and inserting `regardless of the intended
acquisition approach, in connection with a military construction project
otherwise, or not otherwise, authorized by law'.
(d) COST VARIATIONS- Section 2853(a) of such title is amended by striking
`or 200 percent of the minor construction project ceiling specified in section
2805(a)(1), whichever is less'.
(e) REAL PROPERTY TRANSACTIONS- (1) Section 2662 is repealed.
(2) Section 2672 of such title is amended--
(A) in the title, by striking `$500,000' and inserting `the unspecified
minor military construction project ceiling in section 2805(a)(1) of this
title'; and
(B) in subsection (a)(1)(B), by striking `$500,000' and inserting `the
unspecified minor military construction project ceiling in section
2805(a)(1) of this title'; and
(C) in subsection (a)(2), by striking `$500,000' and inserting `the
unspecified minor military construction project ceiling in section
2805(a)(1) of this title'.
(3) Section 2672a(b) of such title is amended by striking the last
sentence.
SEC. 2802. INCREASED TERMS FOR LEASES OF FAMILY HOUSING AND OTHER FACILITIES
IN FOREIGN COUNTRIES.
(a) LEASES OF FAMILY HOUSING IN FOREIGN COUNTRIES- Section 2828(d)(1) of
title 10, United States Code, is amended by striking `ten years' and inserting
`fifteen years'.
(b) LEASES OF OTHER FACILITIES IN FOREIGN COUNTRIES- Section 2675 of such
title is amended by striking `five years' and inserting `fifteen years'.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. EXPANDED AUTHORITY TO TRANSFER PROPERTY AT MILITARY INSTALLATIONS
TO BE CLOSED TO PERSONS WHO CONSTRUCT OR PROVIDE MILITARY HOUSING.
(a) 1988 Law- Section 204(e) of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is
amended by striking `FAMILY' in the subsection heading.
(b) 1990 LAW- Section 2905(f) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
is amended by striking `FAMILY' in the subsection heading.
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 by adding at the end the following new subsections:
`(f) In addition to any cash consideration accepted under subsection (e),
the Secretary concerned may accept in-kind consideration with respect to
easements granted under this section, including the following:
`(1) Maintenance, protection, alteration, repair, improvement, or
restoration (including environmental restoration) of property or facilities
under the control of the Secretary concerned.
`(2) Construction of new facilities.
`(3) Provision of facilities for use by the military departments.
`(4) Facilities operation support.
`(5) Provision of such other services relating to activities that will
occur on the property subject to the easement, as the Secretary concerned
considers appropriate.
`(g) The Secretary concerned may accept in-kind consideration under
subsection (f) at any property or facilities under his or her control that he
or she selects for that purpose.
`(h) Sections 2662 and 2802 of this title shall not apply to construction
of any new facilities accepted as in-kind consideration under this
subsection.'.
(b) EASEMENTS FOR RIGHTS-OF-WAY: GAS, WATER, AND SEWER PIPELINES- Section
2669 of such title is amended by adding at the end the following new
subsections:
`(f) In addition to any cash consideration accepted under subsection (e),
the Secretary concerned may accept in-kind consideration with respect to
easements granted under this section, including the following:
`(1) Maintenance, protection, alteration, repair, improvement, or
restoration (including environmental restoration) of property or facilities
under the control of the Secretary concerned.
`(2) Construction of new facilities.
`(3) Provision of facilities for use by the military departments.
`(4) Facilities operation support.
`(5) Provision of such other services relating to activities that will
occur on the property subject to the easement, as the Secretary concerned
considers appropriate.
`(g) The Secretary concerned may accept in-kind consideration under
subsection (f) any property or facilities under his or her control that he or
she selects for that purpose.
`(h) Sections 2662 and 2802 of this title shall not apply to construction
of any new facilities accepted as in-kind consideration under this
subsection.'.
SEC. 2813. MODIFICATION OF AUTHORITY TO ACCEPT FUNDS TO COVER ADMINISTRATIVE
EXPENSES RELATING TO CERTAIN REAL PROPERTY TRANSACTIONS.
Section 2695 of title 10, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
`(a) AUTHORITY TO ACCEPT- In connection with a real property transaction
referred to in subsection (b) with a non-Federal person or entity, the
Secretary of a military department may charge the person or entity, either in
advance or arrears, amounts to cover administrative expenses incurred by the
Secretary in reviewing and implementing the covered transaction.';
(2) in subsection (b), by inserting `whether or not the transaction is
completed' before the colon; and
(A) by inserting `or are to be' after `expenses were'; and
(B) by adding at the end the following new sentence: `After
liquidation of all subsection (a) administrative expenses, the amount of
any overpayment shall be refunded to the non-Federal person or entity from
the appropriation, fund, or account into which the funds were originally
deposited in such a way as to merge with and become available for the same
purposes and period as the accounts to which they are credited.'.
SEC. 2814. AUTHORITY TO CONVEY PROPERTY AT MILITARY INSTALLATIONS TO PERSONS
WHO CONSTRUCT OR PROVIDE MILITARY HOUSING.
(a) AUTHORITY TO CONVEY PROPERTY- Subchapter III of chapter 169 of title
10, United
States Code, is amended by adding at the end the following new section:
`Sec. 2869. Conveyance of property to persons who construct or provide
military housing
`(a) AUTHORITY TO CONVEY PROPERTY- Subject to subsection (b), the
Secretary concerned may enter into an agreement to convey real property,
including any improvements, structures or fixtures located thereon, on a
military installation to any person who agrees, in exchange for the real
property, to transfer to the Secretary housing that is constructed or provided
by the person and located at or near a military installation at which there is
a shortage of suitable housing to meet the requirements of members of the
Armed Forces and their dependents.
`(b) REQUIREMENTS FOR CONVEYANCE- A conveyance of real property may be
made under subsection (a) only if--
`(1) the Secretary determines that the real property to be conveyed is
in excess of the needs of the military installation;
`(2) the fair market value of the housing to be received by the
Secretary in exchange for the real property to be conveyed is equal to or
greater than the fair market value of such property, including any
improvements, structures or fixtures located thereon, as determined by the
Secretary; and
`(3) in the event the fair market value of the housing is less than the
fair market value of the real property to be conveyed, including any
improvements, structures or fixtures located thereon, the recipient of the
real property agrees to pay to the Secretary the amount equal to the excess
of the fair market value of such real property over the fair market value of
the housing.
`(c) DEPOSIT OF FUNDS- Notwithstanding any other provision of law, the
Secretary may deposit funds received under subsection (b)(3) in the Department
of Defense Housing Improvement Fund established under section 2883(a) of this
title to be merged with and used for the same purpose as funds already in the
account.
`(d) EXEMPTIONS- The conveyance of real property under this section shall
not be subject to the following:
`(1) Section 501 of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11411).
`(2) Section 2693 of this title.
`(e) ADDITIONAL TERMS- The Secretary may require any additional terms and
conditions in connection with an agreement authorized by this section as the
Secretary considers appropriate to protect the interests of the United
States.
`(f) DEFINITION- In this section, the term `housing' means both military
family housing and military unaccompanied housing.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
subchapter is amended by adding at the end the following new item:
`2869. Conveyance of property to persons who construct or provide
military housing.'.
(c) CONFORMING AMENDMENT- Section 2883(c)(1) of such title is amended by
adding at the end the following new subparagraph:
`(F) Any amounts that the Secretary concerned transfers to that Fund
pursuant to section 2869 of this title.'.
SEC. 2815. INCREASE IN THRESHOLD FOR REPORTS TO CONGRESSIONAL COMMITTEES ON
REAL PROPERTY TRANSACTIONS.
Section 2662 of title 10, United States Code, is amended by striking
`$500,000' each place it appears and inserting `the unspecified minor military
construction project limit under section 2805(c)(1)(B) of this title'.
SEC. 2816. CONTRACTING WITH LOCAL GOVERNMENTS FOR MUNICIPAL SERVICES.
(a) AUTHORITY- Chapter 146 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 2476. Contracting with local governments for municipal services
`Subject to the provisions of this chapter, but notwithstanding any other
provision of law related to the award of public contracts, the Secretary of
Defense or the Secretary of a military department may enter directly into a
contract or other agreement for public works, utility and other municipal
services at an installation or facility of the Department of Defense, with the
municipality or local government responsible for serving the area that
includes that installation or facility. The Secretary concerned may enter into
such a contract or agreement, even if the municipality or local government to
which the Secretary makes award is required by law to provide those services
to the public without direct charge.'.
(b) CONFORMING AMENDMENT- Section 816 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2820) is
repealed.
(c) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`2476. Contracting with local governments for municipal
services.'.
Subtitle C--Other Matters
SEC. 2821. INCREASE AUTHORITY TO LEASE MILITARY FAMILY HOUSING IN
ITALY.
Section 2828(e)(2) of title 10, United States Code, is amended by striking
`2,000' and inserting `2,800'.
SEC. 2822. CONVEYANCE OF ARMY AND AIR FORCE EXCHANGE SERVICE PROPERTY,
DALLAS, TEXAS.
(a) CONVEYANCE AUTHORIZED- The Secretary of Defense may authorize the Army
and Air Force Exchange Service, which is a nonappropriated fund
instrumentality of the United States, to sell all right, title, and interest
of the United States in and to a parcel of real property, including
improvements thereon, that is located at 1515 Roundtable Drive in Dallas,
Texas.
(b) CONSIDERATION- As consideration for conveyance under subsection (a),
the purchaser shall pay, in a single lump sum payment, an amount equal to the
fair market value of the real property conveyed, as determined by the
Secretary. The payment shall be handled in the manner provided in section
204(c) of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 485(c)). Such funds and credit receipts shall not go to the general
treasury but to the Department of Defense to merge with and become available
for the same purposes and period as the accounts to which they are
credited.
(c) DESCRIPTION OF PROPERTY- The exact acreage and legal description of
the real property to be conveyed under subsection (a) shall be determined by a
survey satisfactory to the Secretary. The cost of the survey shall be borne by
the purchaser.
(d) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the interests
of the United States.
END