Pub.L. 108-137 Making appropriations for energy and water development for the fiscal year ending September 30, 2004, and for other purposes. <> ...

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[[Page 1391]]

         NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004

[[Page 117 STAT. 1392]]

Public Law 108-136
108th Congress

                                 An Act


 
To authorize appropriations for fiscal year 2004 for military activities 
of the Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel strengths 
        for such fiscal year for the Armed Forces, and for other 
            purposes. <<NOTE: Nov. 24, 2003 -  [H.R. 1588]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: National Defense 
Authorization Act for Fiscal Year 2004.>> assembled,

SECTION 1. SHORT TITLE.

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

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

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

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

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

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

                        Subtitle B--Army Programs

Sec. 111. Stryker vehicle program.
Sec. 112. CH-47 helicopter program.

                        Subtitle C--Navy Programs

Sec. 121. Multiyear procurement authority for F/A-18 aircraft program.
Sec. 122. Multiyear procurement authority for Tactical Tomahawk cruise 
           missile program.
Sec. 123. Multiyear procurement authority for Virginia class submarine 
           program.
Sec. 124. Multiyear procurement authority for E-2C aircraft program.
Sec. 125. Multiyear procurement authority for Phalanx Close In Weapon 
           System program.
Sec. 126. Pilot program for flexible funding of cruiser conversions and 
           overhauls.

[[Page 117 STAT. 1393]]

                     Subtitle D--Air Force Programs

Sec. 131. Elimination of quantity limitations on multiyear procurement 
           authority for C-130J aircraft.
Sec. 132. Limitation on retiring C-5 aircraft.
Sec. 133. Limitation on obligation of funds for procurement of F/A-22 
           aircraft.
Sec. 134. Aircraft for performance of aerial refueling mission.
Sec. 135. Procurement of tanker aircraft.

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

               Subtitle A--Authorization of Appropriations

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

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Collaborative program for development of electromagnetic gun 
           technology.
Sec. 212. Leadership and duties of Department of Defense Test Resource 
           Management Center.
Sec. 213. Development of the Joint Tactical Radio System.
Sec. 214. Future Combat Systems.
Sec. 215. Extension of reporting requirement for RAH-66 Comanche 
           aircraft program.
Sec. 216. Studies of fleet platform architectures for the Navy.

                  Subtitle C--Ballistic Missile Defense

Sec. 221. Enhanced flexibility for ballistic missile defense systems.
Sec. 222. Fielding of ballistic missile defense capabilities.
Sec. 223. Oversight of procurement, performance criteria, and 
           operational test plans for ballistic missile defense 
           programs.
Sec. 224. Renewal of authority to assist local communities affected by 
           ballistic missile defense system test bed.
Sec. 225. Prohibition on use of funds for nuclear-armed interceptors in 
           missile defense systems.
Sec. 226. Follow-on research, development, test, and evaluation related 
           to system improvements for missile defense programs 
           transferred to military departments.

                        Subtitle D--Other Matters

Sec. 231. Global Research Watch program in the Office of the Director of 
           Defense Research and Engineering.
Sec. 232. Defense Advanced Research Projects Agency biennial strategic 
           plan.
Sec. 233. Enhancement of authority of Secretary of Defense to support 
           science, mathematics, engineering, and technology education.
Sec. 234. Department of Defense program to expand high-speed, high-
           bandwidth capabilities for network-centric operations.
Sec. 235. Blue forces tracking initiative.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

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

                  Subtitle B--Environmental Provisions

Sec. 311. Reauthorization and modification of title I of Sikes Act.
Sec. 312. Clarification of Department of Defense response to 
           environmental emergencies.
Sec. 313. Repeal of authority to use environmental restoration account 
           funds for relocation of a contaminated facility.
Sec. 314. Authorization for Department of Defense participation in 
           wetland mitigation banks.
Sec. 315. Inclusion of environmental response equipment and services in 
           Navy definitions of salvage facilities and salvage services.
Sec. 316. Repeal of model program for base closure environmental 
           restoration.
Sec. 317. Requirements for restoration advisory boards and exemption 
           from Federal Advisory Committee Act.
Sec. 318. Military readiness and conservation of protected species.
Sec. 319. Military readiness and marine mammal protection.
Sec. 320. Report regarding impact of civilian community encroachment and 
           certain legal requirements on military installations and 
           ranges and plan to address encroachment.

[[Page 117 STAT. 1394]]

Sec. 321. Cooperative water use management related to Fort Huachuca, 
           Arizona, and Sierra Vista subwatershed.
Sec. 322. Task force on resolution of conflict between military training 
           and endangered species protection at Barry M. Goldwater 
           Range, Arizona.
Sec. 323. Public health assessment of exposure to perchlorate.
Sec. 324. Comptroller General review of Arctic Military Environmental 
           Cooperation program.

                 Subtitle C--Workplace and Depot Issues

Sec. 331. Exemption of certain firefighting service contracts from 
           prohibition on contracts for performance of firefighting 
           functions.
Sec. 332. Technical amendment relating to closure of Sacramento Army 
           Depot, California.
Sec. 333. Exception to competition requirement for depot-level 
           maintenance and repair workloads performed by depot-level 
           activities.
Sec. 334. Resources-based schedules for completion of public-private 
           competitions for performance of Department of Defense 
           functions.
Sec. 335. Delayed implementation of revised Office of Management and 
           Budget Circular A-76 by Department of Defense pending report.
Sec. 336. Pilot program for best-value source selection for performance 
           of information technology services.
Sec. 337. High-performing organization business process reengineering 
           pilot program.
Sec. 338. Naval Aviation Depots multi-trades demonstration project.

                        Subtitle D--Other Matters

Sec. 341. Cataloging and standardization for defense supply management.
Sec. 342. Sale of Defense Information Systems Agency services to 
           contractors performing the Navy-Marine Corps Intranet 
           contract.
Sec. 343. Permanent authority for purchase of certain municipal services 
           at installations in Monterey County, California.
Sec. 344. Department of Defense telecommunications benefit.
Sec. 345. Independent assessment of material condition of the KC-135 
           aerial refueling fleet.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Personnel strength authorization and accounting process.

                       Subtitle B--Reserve Forces

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

              Subtitle C--Authorizations of Appropriations

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

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Matters

Sec. 501. Standardization of qualifications for appointment as service 
           chief.
Sec. 502. Eligibility for appointment as Chief of Army Veterinary Corps.
Sec. 503. Repeal of required grade of defense attache in France.
Sec. 504. Repeal of termination provisions for certain authorities 
           relating to management of general and flag officers in 
           certain grades.
Sec. 505. Retention of health professions officers to fulfill active-
           duty service commitments following promotion nonselection.
Sec. 506. Permanent authority to reduce three-year time-in-grade 
           requirement for retirement in grade for officers in grades 
           above major and lieutenant commander.
Sec. 507. Contingent exclusion from officer strength and distribution-
           in-grade limitations for officer serving as Associate 
           Director of Central Intelligence for Military Support.
Sec. 508. Reappointment of incumbent Chief of Naval Operations.
Sec. 509. Secretary of Defense approval required for practice of wearing 
           uniform insignia of higher grade known as ``frocking''.

[[Page 117 STAT. 1395]]

                  Subtitle B--Reserve Component Matters

Sec. 511. Streamlined process for continuation of officers on the 
           Reserve Active-Status List.
Sec. 512. Consideration of Reserve officers for position vacancy 
           promotions in time of war or national emergency.
Sec. 513. Authority for delegation of required secretarial special 
           finding for placement of certain retired members in Ready 
           Reserve.
Sec. 514. Authority to provide expenses of Army and Air Staff personnel 
           and National Guard Bureau personnel attending national 
           conventions of certain military associations.
Sec. 515. Expanded authority for use of Ready Reserve in response to 
           terrorism.
Sec. 516. National Guard officers on active duty in command of National 
           Guard units.
Sec. 517. Presidential report on mobilization of reserve component 
           personnel and Secretary of Defense assessment.
Sec. 518. Authority for the use of operation and maintenance funds for 
           promotional activities of the National Committee for Employer 
           Support of the Guard and Reserve.

             Subtitle C--ROTC and Military Service Academies

Sec. 521. Expanded educational assistance authority for cadets and 
           midshipmen receiving ROTC scholarships.
Sec. 522. Increase in allocation of scholarships under Army Reserve ROTC 
           scholarship program to students at military junior colleges.
Sec. 523. Authority for nonscholarship senior ROTC sophomores to 
           voluntarily contract for and receive subsistence allowance.
Sec. 524. Appointments to military service academies from nominations 
           made by delegates from Guam, Virgin Islands, and American 
           Samoa.
Sec. 525. Readmission to service academies of certain former cadets and 
           midshipmen.
Sec. 526. Defense task force on sexual harassment and violence at the 
           military service academies.
Sec. 527. Actions to address sexual harassment and violence at the 
           service academies.
Sec. 528. Study and report related to permanent professors at the United 
           States Air Force Academy.
Sec. 529. Dean of the faculty of the United States Air Force Academy.

        Subtitle D--Other Military Education and Training Matters

Sec. 531. Authority for the Marine Corps University to award the degree 

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