CREW: Department of Defense: Department of The Air Force: Regarding Perchlorate: Scanned Perchlorate October 2008 DD

H. R.
1588-347
(B) each parcel of Phase II lands upon completion by the

Department of the Air Force of environmental restoration of
Phase II lands in accordance with applicable law.
(2) Upon conveyance of a parcel of land under this section,
the Secretary of the Interior shall terminate the corresponding
portion of Public Land Order 2374 relating to that parcel. Upon
conveyance of all Phase I and Phase II lands under this section,
the Secretary of the Interior shall terminate all remaining portions
of Public Land Order 2374 as it pertains to Umnak Island, Alaska.
(e) ENVIRONMENTAL RESTORATION.-Nothing in this section
affects the requirements and responsibilities of the United States
under section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h» or other applicable law. If a hazardous substance, as that
term is defined in section 101 of such Act (42 U.S.C. 9601), is
discovered on the Phase I lands subsequent to transfer, but the
hazardous substance was present on the lands before transfer and
the presence of the hazardous substance on the lands was not
the result of actions by the Chaluka Corporation or the Aleut
Corporation, the United States shall perform such response action
as is required by such Act with regard to that hazardous substance.
(f) TREATMENT AS ANCSA LANDS.-The conveyances made
under subsection (d) shall be considered to be conveyances under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
and are subject to the provisions of that Act, except paragraphs
(3) and (4) of section 14(c) and section 17(b)(3) (43 U.S.C. 1613(c)
and 1616(b)(3».
(g) CONVEYANCE OF EXCLUDED TRACT B LOTs.-The'Secretary
of the Interior shall convey, without consideration, an estate in
fee simple in
(1) each of lots I, 2, 5, 6, and 9 of Tract B of Amended
United States Survey 4904 that is the subject of an Aleutian
Housing Authority mutual help occupancy agreement, to the
Aleutian Housing Authority; and
(2) the remainder of such lots to the occupants of such
lots as ofthe date of the enactment of this Act.
(h) CONVEYANCE OF NIKOLSKI POWERHOUSE LAND.-The Sec
retary of the Interior shall convey, without consideration, an estate
in fee simple in the Nikolski powerhouse land
(1) to the Indian Reorganization Act Tribal Govemment
for the Native Village of Nikolski, upon completion of the
environmental restoration referred to in subsection (k)(2), if
after the restoration the powerhouse continues to be located
on the Nikolski powerhouse land; or
(2) the surface estate to the Chaluka Corporation and the
subsurface estate to the Aleut Corporation, if after the restora
tion, the Nikolski powerhouse is no longer located on the
Nikolski powerhouse land.
(D ACCESS.-(I) As a condition of the conveyance of land under
subsection (d), the Chaluka Corporation shall permit the United
States, and its agents, employees, and contractors, to have unre
stricted access to the airfield at Nikolski in perpetuity for site
investigation, restoration, remediation, and environmental moni
toring of the former Nikolski Radio Relay Site and reasonable
access to that airfield, and to other land conveyed under this section,
for any activity associated with management of lands owned by
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the United States and for other governmental purposes without
cost to the United States.
(2) The surface estate conveyed under subsection (d) shall be
subject to the public's right of access over Hill and Beach Streets,
located on Tract B of United States Survey 4904.
(j) SURVEY REQUIREMENTs.-The Bureau of Land Management
is not required to conduct additional on-the-ground surveys as a
result of conveyances under this section. The patent to the Chaluka
Corporation may be based on protracted section lines and lotting
where relinquishment under subsection (c)(2)(C) results in a change
to the Chaluka Corporation's final boundaries. No additional
monumentation is required to complete those final boundaries.
(k) AUTHORIZATION OF APPROPRIATIONS; TRANSFER OF FUNDS.
(1) There are authorized to be appropriated to the Department
of the Interior and other appropriate agencies such sums as are
necessary to carry out this section.
(2) Using the funds identified for Nikolski Power House Clean
up under Budget Activity 4 on page 116 of the Conference Report
to accompany H.R. 2658 of the 108th Congress (House Report
108-283), the Secretary of the Air Force shall make a direct lump
sum payment, in an amount equal to $1,700,000, to the fund for
pollution cleanup managed by the Alaska Energy Authority for
the purpose of assisting the Authority to perform environmental
restoration of the Nikolski powerhouse land.
(l) TERMINATION.-This section (other than subsection (g)) shall
cease to be effective if
(1) either the Chaluka Corporation or the Aleut Corporation
affirmatively rejects the offer under subsection (b); or
(2) the legally binding resolutions required by paragraphs
(2) and (3) of subsection (c) are not submitted to the Secretary
of the Interior before the end of the 180-day period specified
in such paragraphs.
Subtitle E-Other Matters

SEC. 2871. AUTHORITY TO ACCEPT GUARANTEES WITH GIFrS IN
DEVELOPMENT OF MARINE CORPS HERITAGE CENTER,
MARINE CORPS BASE, QUANTICO, VIRGINIA.
Section 2884 of the Military Construction Authorization Act
for Fiscal Year 2001 (division B of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398; 114 Stat. 1654A-440)) is amended
(1) by redesignating subsection (0 as subsection (g); and
(2) by inserting after subsection (e) the following new sub
section (0:
"(0 ACCEPTANCE OF GUARANTEES WITH GIFTS.-(1) The
authority available to the Secretary under section 6975 of title
10, United States Code, to accept a qualified guarantee for purposes
of projects at the Naval Academy shall be available to the Secretary
for the project to develop the Marine Corps Heritage Center.
"(2) The authority available to the Secretary under this sub
section shall expire on December 31, 2006.".
H. R. 1588-349
SEC. 2872. REDESIGNATION OF YUMA TRAINING RANGE COMPLEX AS
BOB STUMP TRAINING RANGE COMPLEX.
The military aviation training facility located in southwestern
Arizona and southeastern California and known as the Yuma
Training Range Complex shall be known and designated as the
"Bob Stump Training Range Complex". Any reference to such
training range complex in any law, regulation, map, document,
record, or other paper of the United States shall be considered
to be a reference to the Bob Stump Training Range Complex.
SEC. 2873. FEASmILITY STUDY REGARDING CONVEYANCE OF LOU·
ISIANA ARMY AMMUNITION PLANT, DOYLINE, LOUISIANA.
(a) STUDY REQUlRED.-The Secretary of the Army shall conduct
a study of
(1) the feasibility of using the conveyance of the Louisiana
Army Ammunition Plant in Doyline, Louisiana, as a model
for a public-private partnership for the utilization and develop
ment of the Plant and similar parcels of real property; and
(2) the costs and benefits to the United States of such
a conveyance.
(b) ELEMENTS OF STUDY.-In conducting the study, the Sec
retary shall consider the following:
(1) The feasibility and advisability of entering into negotia
tions with the State of Louisiana or the Louisiana National
Guard for the conveyance of the Louisiana Army Ammunition
Plant.
(2) The means by which the conveyance of the Plant could
(A) facilitate the execution by the Department of
Defense of its national security mission; and
(B) facilitate the continued use of the Plant by the
Louisiana National Guard and the execution by the Lou
isiana National Guard of its national security mission.
(3) The evidence presented by the State of Louisiana of
the means by which the conveyance of the Plant could benefit
current and potential private sector and governmental tenants
of the Plant and facilitate the contribution of such tenants
to economic development in Northwestern Louisiana.
(4) -The amount and type of consideration that is appro
priate for the conveyance of the Plant.
(5) The evidence presented by the State of Louisiana of
the extent to which the conveyance of the Plant to' a public
private partnership will contribute to economic growth in the
State of Louisiana, and in Northwestern Louisiana in par
ticular.
(6) The value of any mineral rights in the lands of the
Plant.
(7) The costs and benefits to the United States of sharing
revenues and rents paid by current and potential tenants of
the Plant as a result of the Armament Retooling and Manufac
turing Support Program.
(c) REpORT.-Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report containing the
results of the study and any other matters in light of the study
that the Secretary considers appropriate.
H. R. 1588----350
DIVISION C-DEPARTMENT OF ENERGY

NATIONAL SECURITY AUTHORIZA
TIONS AND OTHER AUTHORIZATIONS
TITLE XXXI-DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
Subtitle A-National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy supply.
Subtitle B-Program Authorizations, Restrictions, and Limitations
Sec. 3111. Termination of requirement for annual updates oflong-term plan for nu
clear weapons stockpile life extension program.
Sec. 3112. Department of Energy project review groups not subject to Federal Advi
sory Committee Act by reason of inclusion of employees of Department
of Energy management and operating contractors.
Sec. 3113. Readiness posture for resumption by the United States of underground
nuclear weapons tests.
Sec. 3114. Technical base and facilities maintenance and recapitalization activities.
Sec. 3115. Continuation of processing, treatment, and disposition of legacy nuclear
materials.
Sec. 3116. Repeal of prohibition on research and development of low-yield nuclear
weapons.
Sec. 3117. Requirement for specific authorization of Congress for commencement of
engineering development phase or subsequent phase of Robust Nuclear
Earth Penetrator.
Subtitle C-ProUferation Matters
Sec. 3121. Semiannual financial reports on defense nuclear nonproliferation pro
grams.
Sec. 3122. Report on reduction of excessive unobli~ated or unexpended balances for
defense nuclear nonproliferation activitIes.
Sec. 3123. Study and report relating to weapons-grade uranium and plutonium of
the independent states of the former Soviet Union.
Sec. 3124. Authority to use international nuclear materials protection and coopera
tion program funds outside the former Soviet Union.
Sec. 3125. Requirement for on-site managers.
Subtitle D-Other Matters
Sec. 3131. Performance of p_ersonnel security investigations of certain Department
of Energy and Nuclear Regulatory Commission employees in sensitive
programs.
Sec. 3132. Policy of Department of Energy regarding future defense environmental
management matters.
Sec. 3133. Inclusion in 2005 stockpile stewardship plan of certain information re
lating to stockpile stewardship criteria.
Sec. 3134. Progress reports on Energy Employees Occupational Illness Compensa
tion Program.
Sec. 3135. Report on integration activities of Department of Defense and Depart
ment of Energy with respect to Robust Nuclear Earth Penetrator.
Subtitle E-Consolidation of National Security Provisions
Sec. 3141. Transfer and consolidation of recurring and general provisions on De
partment of Energy national security programs.
H. R. 1588-351
Subtitle A-National Security Programs
Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) AUTHORIZATION OF ,ApPROPRIATIONS.-Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2004 for the activities of the National Nuclear Security
Administration in carrying out programs necessary for national
security in the amount of $8,877,347,000, to be allocated as follows:
(1) For weapons activities, $6,434,772,000.
(2) For defense nuclear nonproliferation activities,
$1,332,195,000.
(3) For naval reactors, $768,400,000.
(4) For the Office of the Administrator for Nuclear Security,
$341,980,000.
(b) AUTHORIZATION OF NEW PLANT PROJECTS.-From funds
referred to in subsection (a) that are available for carrying out
plant projects, the Secretary of Energy may carry out, for weapons
activities, the following new plant projects:
Project 04-D-101, test capabilities revitalization, Sandia
National Laboratories, Albuquerque, New Mexico, $36,450,000.
Project 04-D-102, exterior communications infrastructure
modernization, Sandia National Laboratories, Albuquerque,
New Mexico, $20,000,000.
Project 04-D-103, project engineering and design, various
locations, $2,000,000.
Project 04-0-125, chemistry and metallurgy facility
replacement project, Los Alamos National Laboratory, Los
Alamos. New Mexico. $20.500.000.
Project 04-D-126, Building 12-44 production cells upgrade,
Pantex plant, Amarillo, Texas, $8,780,000.
Project 04-D-127, cleaning and loading modifications,
Savannah River Site, Aiken, South Carolina, $2,750,000.
Project 04-D-128, TA-18 Mission relocation project, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$8,820,000.
Project 04-0-203, facilities and infrastructure recapitaliza
tion program, project engineering and design, various locations,
$3,719,000.
Project 03-0-102, SM-43 replacement, Los Alamos
National Laboratory, Los Alamos, New Mexico, $38,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) AUTHORIZATION OF ,ApPROPRIATIONS.-Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2004 for environmental management activities in car
rying out programs necessary for national security in the amount
of $6,809,814,000, to be allocated as follows:
(1) For defense site acceleration completion, $5,814,635,000.
(2) For defense environmental services, $995,179,000.
(b) AUTHORIZATION OF NEW PLANT PROJECTS.-From funds
referred to in subsection (a) that are available for carrying out
plant projects, the Secretary of Energy may carry out, for defense
site acceleration completion, the following new plant projects:
Project 04-D-408, glass waste storage building #2,
Savannah River Site, Aiken, South Carolina, $20,259,000.
H. R. 1588-352
Project 04-D-414, project engineering and design, various

locations, $23,500,000.
Project 04-D-423, 3013 container surveillance capability
in 235-F, Savannah River Site, Aiken, South Carolina,
$1,134,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Depart
ment of Energy for fiscal year 2004 for other defense activities
in carrying out programs necessary for national security in the
amount of $489,059,000. •
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL
ment of Energy for fiscal year 2004 for defense nuclear waste
disposal for payment to the Nuclear Waste Fund established in
section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222(c» in the amount of $392,500,000.
SEC. 3105. ENERGY SUPPLY.
ment of Energy for fiscal year 2004 for energy supply activities
in carrying out programs necessary for national security in the
amount of $110,473,000.
Subtitle B-Program Authorizations,

Restrictions, and Limitations
SEC. 3111. TERMINATION OF REQUIREMENT FOR ANNUAL UPDATES
OF LONG·TERM PLAN FOR NUCLEAR WEAPONS STOCK
PILE LIFE EXTENSION PROGRAM.
Effective December 31, 2004, section 3133 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law. 106
65; 113 Stat. 926; 42 U.S.C. 2121 note), as transferred and redesig
nated as section 4204 of the Atomic Energy Defense Act by section
3141(e)(5) of this Act, is further amended by striking subsections
(c) through (0.
SEC. 3112. DEPARTMENT OF ENERGY PROJECT REVIEW GROUPS NOT
SUBJECT TO FEDERAL ADVISORY COMMITTEE ACT BY
REASON OF INCLUSION OF EMPLOYEES OF DEPARTMENT
OF ENERGY MANAGEMENT AND OPERATING CONTRAC·
TORS.
An officer or employee of a management and operating con
tractor of the Department of Energy, when serving as a member
of a group reviewing or advising on matters related to anyone
or more management and operating contracts of the Department,
shall be treated as an officer or employee of the Department for
purposes of determining whether the group is an advisory committee
within the meaning of section 3 of the Federal Advisory Committee
Act (5 U.S.C. App.).
SEC. 3113. READINESS POSTURE FOR RESUMPTION BY THE UNITED
STATES OF UNDERGROUND NUCLEAR WEAPONS TESTS.
(a) READINESS POSTURE REQUIRED.-Commencing not later
than October I, 2006, the Secretary of Energy shall achieve, and
thereafter maintain, a readiness posture of not more than 18 months
H. R. 1588-353
for resumption by the United States of underground tests of nuclear
weapons.
(b) DESCRIPTION OF REQUIREMENT.-For purposes of this sec
tion, a readiness posture of not more than 18 months for resumption
by the United States of underground tests of nuclear weapons
is achieved when the Department of Energy has the capability
to resume such tests, if directed by the President to resume such
tests, not later than 18 months after the date on which the President
so directs.
SEC. 3114. TECHNICAL BASE AND FACILITIES MAINTENANCE AND
RECAPITALIZATION ACTIVITIES.
(a) DEADLINE FOR INCLUSION OF PROJECTS IN FACILITIES AND
INFRASTRUCTURE RECAPITALIZATION PRoGRAM.-(l) The Adminis
trator for Nuclear Security shall complete the selection of projects
for inclusion in the Facilities and Infrastructure Recapitalization
Program of the National Nuclear Security Administration not later
than December 31, 2004.
(2) No project may be included in the Facilities and Infrastruc
ture Recapitalization Program after December 31, 2004, unless
such project has been selected for inclusion in that program as
of that date.
(b) TERMINATION OF FACILITIES AND INFRASTRUCTURE
RECAPITALIZATION PROGRAM.-The Administrator shall terminate
the Facilities and Infrastructure Recapitalization Program not later
than September 30, 2011.
(c) READINESS IN TECHNICAL BASE AND FACILITIES PROGRAM.
(1) Not later than September 30, 2004, the Administrator shall
submit to the congressional defense committees a report setting
forth guidelines on the conduct of the Readiness in Technical Base
and Facilities program of the National Nuclear Security Administra
tion.
(2) Such guidelines shall include the following:
(A) Criteria for the inclusion of projects in the program,
and for establishing priorities among projects included in the
program.
(B) Mechanisms for the management of facilities under
the program, including maintenance activities referred to in
subparagraph (C).
(C) A description of the scope of maintenance activities
under the program, including recurring maintenance, construc
tion of facilities, recapitalization of facilities, and decontamina
tion and decommissioning offacilities.
(3) Such guidelines shall ensure that the maintenance activities
referred to in paragraph (2)(C) are carried out in a timely and
efficient manner designed to avoid maintenance backlogs.
Cd) OPERATIONS OF FACILITIES PROGRAM.-(l) The Adminis
trator shall continue the Operations of Facilities program of the
National Nuclear Security Administration as a subprogram within
the Readiness in Technical Base and Facilities program.
(2) The Deputy Administrator for Defense Programs shall des
ignate a single manager to be responsible for overseeing the oper
ations of the Operations of Facilities subprogram within the Readi
ness in Technical Base and Facilities program.
(3) For fiscal year 2005, and for each fiscal year thereafter,
the Secretary of Energy shall submit to the congressional defense
H. R. 1588-354
committees, together with the budget justification materials sub
mitted to Congress in support of the National Nuclear Security
Administration budget for that fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code), a separate statement of the amounts requested for
such fiscal year for each element of the Operations of Facilities
subprogram, as follows:
(A) Maintenance.
(B) Facilities management and support.
(C) Utilities.
(D) Environment, safety, and health.
(E) Each other element ofthe subprogram.
SEC. 3115. CONTINUATION OF PROCESSING, TREATMENT, AND DIS
POSITION OF LEGACY NUCLEAR MATERIALS.
(a) CONTINUATION OF H-CANYON FACILITY.-Subsection (a) of
section 3137 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106
398; 114 Stat. 1654A-460) is amended
(1) by striking "F-canyon and H-canyon facilities" and
inserting "H-canyon facility"; and
(2) by striking "such facilities" and inserting "such facility".
(b) MODIFICATION OF LIMITATION ON USE OF FUNDS FOR
DECOMMISSIONING F-CANYONFACILITY.-Subsection (b) of such sec
tion is amended
(1) by striking "and the Defense Nuclear Facilities Safety
Board" and all that follows through "House of Representatives"
and inserting "submits to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives, and the Defense Nuclear Facilities
Safety Board,"; and
(2) by striking "the following:" and all that follows and
inserting "a report setting forth
"(1) an assessment whether or not all materials present
in the F-canyon facility as of the date of the report that
required stabilization have been safely stabilized as of that
date; ,
"(2) an assessment whether or not the requirements
applicable to the F-canyon facility to meet the future needs
of the United States for fissile materials disposition can be
met through full use of the H-canyon facility at the Savannah
River Site; and
"(3) if it appears that one or more of the requirements
described in paragraph (2) cannot be met through full use
of the H-canyon facility
"(A) an identification by the Secretary of each such
requirement that cannot be met through full use of the
H-canyon facility; and
"(B) for each requirement so identified, the reasons
why such requirement cannot be met through full use
of the H-canyon facility and a description of the alternative
capability for fissile materials disposition that is needed
to meet such requirement.".
(c) REPEAL OF SUPERSEDED PLAN REQUIREMENT.-Subsection
(c) of such section is repealed.
H. R. 1588-355
SEC. 3116. REPEAL OF PROHIBITION ON RESEARCH AND DEVELOP·
MENT OF LOW·YIELD NUCLEAR WEAPONS.
(a) REPEAL.-Section 3136 of the National Defense Authoriza
tion Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1946;
42 U.S.C. 2121 note) is repealed.
(b) CONSTRUCTION.-Nothing in the repeal made by subsection
(a) shall be construed as authorizing the testing, acquisition, or
deployment of a low-yield nuclear weapon.
(c) LIMITATION.-The Secretary of Energy may not commence
the engineering development phase, or any subsequent phase, of
a low-yield nuclear weapon unless specifically authorized by Con
gress.
(d) REPORT.-(l) Not later than March 1, 2004, the Secretary
of State, the Secretary of Defense and the Secretary of Energy
shall jointly submit to Congress a report assessing whether or
not the repeal of section 3136 of the National Defense Authorization
Act for Fiscal Year 1994 will affect the ability of the United States
to achieve its nonproliferation objectives and whether or not any
changes in programs and activities would be required to achieve
those objectives.
(2) The report shall be submitted in unclassified form, but
may include a classified annex if necessary.
SEC. 3117. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF CON·
GRESS FOR COMMENCEMENT OF ENGINEERING
DEVELOPMENT PHASE OR SUBSEQUENT PHASE OF
ROBUST NUCLEAR EARTH PENETRATOR.
The Secretary of Energy may not commence the engineering
development phase (phase 6.3) of the nuclear weapons development
process, or any subsequent phase, of a Robust Nuclear Earth Pene
trator weapon unless specifically authorized by Congress.
Subtitle C-Proliferation Matters

SEC. 3121. SEMIANNUAL FINANCIAL REPORTS ON DEFENSE NUCLEAR
NONPROLIFERATION PROGRAMS.
(a) IN GENERAL.-Subtitle D of the National Nuclear Security
Administration Act is amended by inserting after section 3253
(50 U.S.C. 2453) the following new section:
"SEC. 3254. SEMIANNUAL FINANCIAL REPORTS ON DEFENSE NUCLEAR
"(a) SEMIANNUAL REPORTS REQUIRED.-The Administrator shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a semiannual report on the amounts
available for the defense nuclear nonproliferation programs of the
Administration. Each such report shall cover a half of a fiscal
year (in this section referred to as a 'fiscal half) and shall be
submitted not later than 30 days after the end of that fiscal half.
"(b) CONTENTS.-Each report for a fiscal half shall, for each
such defense nuclear nonproliferation program for which amounts
are available for the fiscal year that includes that fiscal half, set
forth the following:
"(1) The aggregate amount available for such program as
of the beginning of such fiscal half and, within such amount,
the uncommitted balances, the unobligated balances, and the
unexpended balances.
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"(2) The aggregate amount newly made available for such
program during such fiscal half and, within such amount, the
amount made available by appropriations, by transfers, by
reprogrammings, and by other means. .
"(3) The aggregate amount available for such program as
of the end of such fiscal half and, within such amount, the
uncommitted balances, the unobligated balances, and the unex
pended balances.".
(b) FIRST REPORT.-The first report required to be submitted
by section 3254 of the National Nuclear Security Administration
Act (as added by subsection (a)) shall be the report covering the
first half of fiscal year 2004.
SEC. 3122. REPORT ON REDUCTION OF EXCESSIVE UNOBUGATED OR
UNEXPENDED BALANCES FOR DEFENSE NUCLEAR NON
PROUFERATION ACTIVITIES.
(a) CONTINGENT REQUIREMENT FOR REpORT.-If as of September
30, 2004, the aggregate amount unobligated, or obligated but not
expended, for defense nuclear nonproliferation activities from
amounts appropriated for such activities in fiscal year 2004 exceeds
an amount equal to 20 percent of the aggregate amount appro
priated for such activities in fiscal year 2004, the Administrator
for Nuclear Security shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
containing an aggressive plan to provide for the timely expenditure
of amounts remaining unobligated, or obligated but not expended.
(b) SUBMITTAL DATE.-If required to be submitted under sub
section (a), the submittal date for the report under that subsection
shall be November 30,2004.
SEC. 3123. STUDY AND REPORT RELATING TO WEAPONS·GRADE URA·
NIUM AND PLUTONIUM OF THE INDEPENDENT STATES
OF THE FORMER SOVIET UNION.
(a) STUDY REQUIRED.-The Secretary of Energy shall carry
out a study on the feasibility, costs, and benefits of
(1) purchasing, from the independent states of the former
Soviet Union, weapons-grade uranium and plutonium excess
to the defense needs of those states; and
(2) 'safeguarding the uranium and plutonium so purchased
until rendered unusable for nuclear weapons.
(b) REPORT.-Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study required by subsection (a).
SEC. 3124. AUTHORITY TO USE INTERNATIONAL NUCLEAR MATERIALS
PROTECTION AND COOPERATION PROGRAM FUNDS OUT·
SIDE THE FORMER SOVIET UNION.
(a) AUTHORITY.-Subject to the provisions of this section, the
President may obligate and expend international nuclear materials
protection and cooperation program funds for a fiscal year, and
any such funds for a fiscal year before such fiscal year that remain
available for obligation, for a defense nuclear nonproliferation
project or activity outside the states of the former Soviet Union
if the President determines each of the following:
(1) That such project or activity will
(A)(i) assist the United States in the resolution of
a critical emerging proliferation threat; or
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.,
(ii) permit the United States to take advantage of
opportunities to achieve long-standing nonproliferation
goals; and
(B) be completed in a short period of time.
(2) That the Department of Energy is the entity of the
Federal Government that is most capable of carrying out such
project or activity.
(b) SCOPE OF AUTHORITY.-The authority in subsection (a) to
obligate and expend funds for a project or activity includes authority
to provide equipment, goods, and services for such project or activity
utilizing such funds, but does not include authority to provide
cash directly to such project or activity.
(c) LIMITATION ON TOTAL AMOUNT OF OBLIGATION.-The
amount that may be obligated in a fiscal year under the authority
in subsection (a) may not exceed $50,000,000.
(d) LIMITATION ON AVAILABILITY OF FUNDS.-{l) The President
may not obligate funds for a project or activity under the authority
in subsection (a) until the President makes each determination
specified in that subsection with respect to such project or activity.
(2) Not later than 10 days after obligating funds under the
authority in subsection (a) for a project or activity, the President
shall notify Congress in writing of the determinations made under
paragraph (1) with respect to such project or activity, together
with
(A) a justification for such determinations; and
(B) a description of the scope and duration of such project
or activity.
(e) ADDITIONAL LIMITATIONS AND REQUIREMENTs.-Except as
otherwise provided in subsections (a) and (b), the exercise of the
authority in subsection (a) shall be subject to any requirement
or limitation under another provision of law as follows:
(1) Any requirement for prior notice or other reports to
Congress on the use of international nuclear materials protec
tion and cooperation program funds or on international nuclear
materials protection and cooperation program projects or activi
ties.
(2) Any limitation on the obligation or expenditure of inter
national nuclear materials protection and cooperation program
funds.
(3) Any limitation on international nuclear materials
protection and cooperation program projects or activities.
(f) FuNDS.-As used in this section, the term "international
nuclear materials protection and cooperation program funds" means
the funds appropriated pursuant to the authorization of appropria
tions in section 3101(a)(2) for such program.
SEC. 3125. REQUIREMENT FOR ON·SITE MANAGERS.
(a) ON-SITE MANAGER REQUIREMENT.-Before obligating any
defense nuclear nonproliferation funds for a project described in
subsection (b), the Secretary of Energy shall appoint one on-site
manager for that project. The manager shall be appointed from
among employees of the Federal Government.
(b) PROJECTS COVERED.-Subsection (a) applies to a project
(1) to be located in a state of the former Soviet Union;
(2) which involves dismantlement, destruction, or storage
facilities, or construction of a facility; and
H. R. 1588-358
(3) with respect to which the total contribution by the
Department of Energy is expected to exceed $50,000,000.
(c) DUTIES OF ON-SITE MANAGER.-The on-site manager
appointed under subsection (a) shall
(1) develop, in cooperation with representatives from
governments of countries participating in the project, a list
of those steps or activities critical to achieving the project's
disarmament or nonproliferation goals;
(2) establish a schedule for completing those steps or activi
ties;
(3) meet with all participants to seek assurances that those
steps or activities are being completed on schedule; and
(4) suspend United States participation in a project when
a non-United States participant fails to complete a scheduled
step or activity on time, unless directed by the Secretary of
Energy to resume United States participation.
(d) AUTHORITY TO MANAGE MORE THAN ONE PROJECT.-(l)
Subject to paragraph (2), an employee of the Federal Government
may serve as on-site manager for more than one project, including
projects at different locations.
(2) If such an employee serves as on-site manager for more
than one project in a fiscal year, the total cost of the projects
for that fiscal year may not exceed $150,000,000.
(e) STEPS OR ACTlVITIEs.-Steps or activities referred to in
subsection (c)(l) are those activities that, if not completed, will
prevent a project from achieving its disarmament or nonprolifera
tion goals, including, at a minimum, the following:
(1) Identification and acquisition of permits (as defined
in subsection (g».
(2) Verification that the items, substances, or capabilities
to be dismantled, secured, or otherwise modified are available
for dismantlement, securing, or modification.
(3) Timely provision of fmancial, personnel, management,
transportation, and other resources.
(f) NOTIFICATION TO CONGRESS.-In any case in which the
Secretary of Energy directs an on-site manager to resume United
States participation in a project under subsection (c)(4), the Sec
retary shall.concurrently notify Congress of such direction.
(g) PERMIT DEFlNED.-In this section, the term "permit" means
any local or national permit for development, general construction,
environmental, land use, or other purposes that is required in
the state of the former Soviet Union in which the project is being
or is proposed to be carried out.
(h) EFFECTIVE DATE.-This section shall take effect six months
after the date of the enactment of this Act.
Subtitle n-other Matters

SEC. 3131. PERFORMANCE OF PERSONNEL SECURITY INVESTIGATIONS
OF CERTAIN DEPARTMENT OF ENERGY AND NUCLEAR
REGULATORY COMMISSION EMPLOYEES IN SENSITIVE
PROGRAMS.
(a) PERFORMANCE BY FBI AT DIRECTION OF DOE OR NRC.
Subsection f. of section 145 of the Atomic Energy Act of 1954
(42 U.S.C. 2165) is amended to read as follows:
H. R. 1588-359
"f. (1) Notwithstanding the provisions of subsections a., b.,
and c. of this section, but subject to subsection e. of this section,
a majority of the members of the Commission may direct that
an investigation required by such provisions on an individual
described in paragraph (2) be carried out by the Federal Bureau
of Investigation rather than by the Civil Service Commission.
"(2) An individual described in this paragraph is an individual
who is employed
"(A) in a program certified by a majority of the members
of the Commission to be of a high degree of importance or
sensitivity; or
"(B) in any other specific position certified by a majority
of the members of the Commission to be of a high degree
of importance or sensitivity~".
(b) REPEAL OF REQUIREMENT FOR PERFORMANCE BY FBI FOR
PERSONNEL SECURITY AND AsSURANCE PROGRAMS.-Subsection e.(2)
of such section is amended by striking "or a Personnel Security
and Assurance Program".
SEC. 3132. POLICY OF DEPARTMENT OF ENERGY REGARDING FUTURE
DEFENSE ENVIRONMENTAL MANAGEMENT MATTERS.
(a) POLICY REQUIRED.-(l) Commencing not later than October
1, 2005, the Secretary of Energy shall have in effect a policy
for carrying out future defense environmental management matters
of the Department of Energy. The policy shall specify each officer
within the Department with responsibilities for carrying out that
policy and, for each such officer, the nature and extent of those
responsibilities. .
(2) In paragraph (1), the term ''future defense environmental
management matter" means any environmental cleanup project,
decontamination and decommissioning project, waste management
project, or related activity that arises out of the activities of the
Department in carrying out programs necessary for national secu
rity and is to be commenced after the date of the enactment of
this Act. However, such term does not include any such project
or activity the responsibility for which has been assigned, as of
the date of the enactment of this Act, to the Environmental Manage
ment program of the Department.
(b) REFLECTION IN BUDGET.-For fiscal year 2006 and each
fiscal year thereafter, the Secretary shall ensure that the budget
justification materials submitted to Congress in support of the
Department of Energy budget for such fiscal year (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) reflect. the policy required by subsection
(a).
(c) CONSULTATIoN.-The Secretary shall carry out this section
in consultation with the Administrator for Nuclear Security and
the Under Secretary of Energy for Energy, Science, and Environ
ment.
(d) REPORT.-The Secretary shall include with the budget jus
tification materials submitted to Congress in support of the Depart
ment of Energy budget for fiscal year 2005 (as submitted with
the budget of the President under section 1105(a) of title 31, United
States Code) a report on the policy that the Secretary plans to
have in effect under subsection (a) as of October 1, 2005. The
report shall specify the officers and responsibilities referred to in
subsection (a).
H. R.1588-360
SEC. 3133. INCLUSION IN 2005 STOCKPILE STEWARDSHIP PLAN OF CER
TAIN INFORMATION RELATING TO STOCKPILE STEWARD·
smp CRITERIA.
(a) INCLUSION IN 2005 STOCKPILE STEWARDSHIP PLAN.-In
submitting to Congress the updated version of the 2005 stockpile
stewardship plan, the Secretary of Energy shall include the matters
specified in subsection (b).
(b) MATI'ERS INCLUDED.-The matters referred to in subsection
(a) are the following:
(1) An update of any information or criteria described in
the report on stockpile stewardship criteria submitted under
section 4202 of the Atomic Energy Defense Act (as transferred
and redesignated by section 3161(e)(3) of this Act).
(2) A description of any additional information identified,
or criteria established, on matters covered by such section
4202 during the period beginning on the date of the submittal
of the report under such section 4202 and ending on the date
of the submittal of the updated version of the plan under
subsection (a) of this section.
(3) For each science-based tool developed by the Depart
ment of Energy during such period
(A) a description of the relationship of such science
based tool to the collection of information needed to deter
mine that the nuclear weapons stockpile is safe and reli
able; and
(B) a description of the criteria for judging whether
or not such science-based tool provides for the collection
of such information.
(c) 2005 STOCKPILE STEWARDSHIP PLAN DEFINED.-In this sec
tion, the term "2005 stockpile stewardship plan" means the updated
version of the plan for maintaining the nuclear weapons stockpile
developed under section 4203 of the Atomic Energy Defense Act
(as transferred and redesignated by section 3161(e)(4) of this Act)
that is required to be submitted to Congress not later than March
15,2005.
SEC. 3134. PROGRESS REPORTS ON ENERGY EMPLOYEES OCCUPA
TIONAL ILLNESS COMPENSATION PROGRAM.
(a) REPORT ON ACCESS TO INFORMATION FOR PERFORMANCE
OF RADIATION DOSE RECONSTRUCTIONS.-(l) Not later than 90 days
after the date of the enactment of this Act, the National Institute
for Occupational Safety and Health shall submit to Congress a
report on the ability of the Institute to obtain, in a timely, accurate,
and complete manner, information necessary for the purpose of
carrying out radiation dose reconstructions under the Energy
Employees Occupational Illness Compensation Program Act of 2000
(42 U.S.C. 7384 et seq.), including information requested from any
element of the Department of Energy.
(2) The report shall include the following:
(A) An identification of each matter adversely affecting
the ability of the Institute to obtain information described
in paragraph (1) in a timely, accurate, and complete manner.
(B) For each facility with respect to which the. Institute
is carrying out one or more dose reconstructions described
in paragraph (l)
(i) a specification of the total number of claims
requiring dose reconstruction;
H. R. 1588-361
(ii) a specification of the number of claims for which
dose reconstruction has been adversely affected by any
matter identified under paragraph (1); and
(iii) a specification of the number of claims requiring
dose reconstruction for which, because of any matter identi
fied under paragraph (1), dose reconstruction has not been
completed within 150 days after the date on which the
Secretary of Labor submitted the claim to the Secretary
of Health and Human Services.
(b) REPORT ON DENIAL OF CLAlMs.-(I) Not later than 90 days
after the date of the enactment of this Act, the Secretary of Labor
shall submit to Congress a report on the denial of claims under
the Energy Employees Occupational Illness Compensation Program
Act of 2000 as of the date of such report.
(2) The report shall include for each facility with respect to
which the Secretary has received one or more claims under that
Act the following:
(A) The number of claims received with respect to such
facility that have been denied, including the percentage of
the total number of claims received with respect to such facility
that have been denied.
(B) The reasons for the denial of such claims, including
the number of claims denied for each such reason.
SEC. 3135. REPORT ON INTEGRATION ACTMTIES OF DEPARTMENT
OF DEFENSE AND DEPARTMENT OF ENERGY WITH
RESPECT TO ROBUST NUCLEAR EARTH PENETRATOR.
Section 1032 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2643;
10 U.S.C. 2358 note) is amended by adding at the end the following
new subsection:
"(e) INTEGRATION ACTMTIES IN FISCAL YEAR 2003 WITH
RESPECT TO RNEP.-The report under subsection (a) that is due
on April 1, 2004, shall include, in addition to the elements specified
in subsection (b), a description of the integration and interoper
ability of the research and development, procurement, and other
activities undertaken during fiscal year 2003 by the Department
of Defense and the Department of Energy with respect to the
Robust Nuclear Earth Penetrator.".
Subtitle E-Consolidation of National

Security Provisions
SEC. 8141. TRANSFER AND CONSOLIDATION OF RECURRING AND GEN·
ERAL PROVISIONS ON DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS.
(a) PuRPOSE.
(1) IN GENERAL.-The purpose of this section is to assemble
together, without substantive amendment but with technical
and conforming amendments of a non-substantive nature,
recurring and general provisions of law on Department of
Energy national security programs that remain in force in
order to consolidate and organize such provisions of law into
a single Act intended to comprise general provisions of law
on such programs.
H. R. 1588-362
(2) CONSTRUCTION OF TRANSFERS.-The transfer of a provi
sion of law by this section shall not be construed as amending,
altering, or otherwise modifying the substantive effect of such
provision.
(3) TREATMENT OF SATISFIED REQUIREMENTS.-Any require
ment in a provision of law transferred under this section
(including a requirement that an amendment to law be
executed) that has been fully satisfied in accordance with the
terms of such provision of law as of the date of transfer under
this section shall be treated as so fully satisfied, and shall
not be treated as being revived solely by reason of transfer
under this section.
(4) CLASSIFICATION.-The provisions of the Atomic Energy
Defense Act, as amended by this section, shall be classified
to the United States Code as a new chapter of title 50, United
States Code.
(b) DIVISION HEADING.-The Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314) is
amended by adding at the end the following new division heading:
"DIVISION D-ATOMIC ENERGY

DEFENSE PROVISIONS".
(c) SHORT TITLE; TABLE OF CONTENTS; DEFINITION.
(1) SHORT TITLE; TABLE OF CONTENTS.-Section 3601 of
the Atomic Energy Defense Act (title XXXVI of Public Law
107-314; 116 Stat. 2756), is
(A) transferred to the end of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003;
(B) redesignated as section 4001;
(C) inserted after the heading for division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as added by subsection (b); and
(D) amended
(i) by amending the heading to read as follows:
"SEC. 4001. SHORT TITLE; TABLE OF CONTENTS.";
(ii) by striking "This title" and inserting "(a) SHORT
TITLE.-This division"; and
(iii) by adding at the end the following:
"(b) TABLE OF CONTENTS.-The table of contents for this division
is as follows:
''DIVISION D-ATOMIC ENERGY DEFENSE PROVISIONS
"Sec. 4001. Short title; table of contents.
"Sec. 4002. Definition.
"TITLE XLI-QRGANIZATIONAL MATrERS
"Sec. 4101. Naval Nuclear Propulsion Program.
"Sec. 4102. Management structure for nuclear weapons production facilities and
nuclear weapons laboratories.
"Sec. 4103. Restriction on licensing requirement for certain defense activities and
facilities.
wrITLE XLII-NUCLEAR WEAPONS STOCKPILE MATrERS
"Subtitle A-BtockpUe Stewardship and Weapons Production
"Sec. 4201. Stockpile stewardship program.
H. R. 1588-363
"Sec. 4202. Report on stockpile stewardship criteria.
"Sec. 4203. Plan for stewardship, management, and certification of warheads in the
nuclear weapons stockpile.
"Sec. 4204. Nuclear weapons stockpile life extension pro~am.
"Sec. 4205. Annual assessments and reports to the PresIdent and Congress regard
ing the condition of the United States nuclear weafK!ns stockpile.
"Sec. 4206. Form of certifications regarding the safety or rehability of the nuclear
weapons stockpile.
"Sec. 4207. Nuclear test ban readiness program.
"Sec. 4208. Study on nuclear test readiness postures.
"Sec. 4209. Requirements for specific request for new or modified nuclear weapons.
"Sec. 4210. Limitation on underground nuclear weapons tests.
"Sec. 4211. Testing of nuclear weapons.
"Sec. 4212. Manufacturing infrastructure for refabrication and certification of nu
clear weapons stockpile.
"Sec. 4213. Reports on critical difficulties at nuclear weapons laboratories and nu
clear weapons production plants.
"Subtitle B-Tritium
"Sec. 4231. Tritium production program.
"Sec. 4232. Tritium recycling.
"Sec. 4233. Tritium production.
"Sec. 4234. Modernization and consolidation of tritium recycling facilities.
"Sec. 4235. Procedures for meeting tritium production requirements.
"TITLE XLIII-PROLIFERATION MA'ITERS
"Sec. 4301. International cooperative stockpile stewardship.
"Sec. 4302. Nonproliferation initiatives and activities.
"Sec. 4303. Annual report on status of Nuclear Materials Protection, Control, and
AccountinE Program.
"Sec. 4304. Nuclear Cities Initiative.
"Sec. 4305. Authority to conduct program relatinll' to fissile materials.
"Sec. 4306. Disposition of weapons-usable plutomum at Savannah River Site.
"Sec. 4306A. Disposition of surplus defense plutonium at Savannah River Site,
Aiken, South Carolina.
"TITLE XLIV-ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT MATTERS
"Subtitle A-Environmental Restoration and Waste Management
"Sec. 4401. Defense Environmental Restoration and Waste Management Account.
"Sec. 4402. Requirement to develop future use plans for environmental manage
ment program.
"Sec. 4403. Integrated fissile materials management plan.
"Sec. 4404. Baseline environmental management reports.
"Sec. 4405. Accelerated schedule for environmental restoration and waste manage
ment activities.
"Sec. 4406. Defense waste cleanup technology program.
"Sec. 4407. Report on environmental restoration expenditures.
"Sec. 4408. Public participation in planning for environmental restoration and
waste management at defense nuclear facilities.
"Subtitle B-Closure of Facilities
"Sec. 4421. Projects to accelerate closure activities at defense nuclear facilities.
"Sec. 4422. Reports in connection with permanent closures of Department of En
ergy defense nuclear facilities.
"Subtitle C-Privatization
"Sec. 4431. Defense environmental management privatization projects.
"Subtitle D-Hanford Reservation, Washington
"Sec. 4441. Safety measures for waste tanks at Hanford nuclear reservation.
"Sec. 4442. Hanford waste tank cleanup program reforms.
"Sec. 4443. River Protection Project.
"Sec. 4444. Funding for termination costs of River Protection Project, Richland,
Washington.
"Subtitle E-Savannah River Site, South Carolina
"Sec. 4451. Accelerated schedule for isolating high-level nuclear waste at the de
fense waste processing facility, Savannah River Site.
H. R. 1588-364
"Sec. 4452. Multi-year plan for clean-up.
"Sec. 4453. Continuation of processing, treatment, and disposal of legacy nuclear
materials.
"Sec. 4453A. Continuation of processing, treatment, and disposition of legacy nu
clear materials.
"Sec. 4453B. Continuation of processing, treatment, and disposition of legacy nu
clear materials.
"Sec. 4453C. Continuation of processing, treatment, and disposal of legacy nuclear
materials.
"Sec. 4453D. Continuation of processing, treatment, and disposal of legacy nuclear
materials.
"Sec. 4454. Limitation on use of funds for decommissioning F-canyon facility.
"TITLE XLV-8AFEGUARDS AND SECURITY MAnERS
"Subtitle A-8afeguards and Security
"Sec. 4501. Prohibition on international inspections of Department of Energy facili
ties unless protection of Restricted Data is certified.
"Sec. 4502. Restrictions on access to national laboratories by foreign visitors from
sensitive countries.
"Sec. 4503. Background investigations of certain personnel at Department of En
ergy facilities.
"Sec. 4504. Department of Energy counterintelligence polygraph program.
"Sec. 4504A. Counterintelligence llolygraph program.
"Sec. 4505. Notice to congressionlil committees of certain security and counterintel
ligence failures within nuclear energy defense programs.
"Sec. 4506. Submittal of annual report on status of security functions at nuclear
weapons facilities.
"Sec. 4507. Report on counterintelligence and security practices at nationallabora·
tories.
"Sec. 4508. Report on security vulnerabilities of national laboratory computers.
"Subtitle B-Classified Information
"Sec. 4521. Review of certain documents before declassification and release.
"Sec. 4522. Protection against inadvertent release of Restricted Data and Formerly
Restricted Data.
"Sec; 4523. Supplement to plan for declassification of Restricted Data and Formerly
Restricted Data.
"Sec. 4524. Protection of classified information during laboratory·to-Iaboratory ex·
changes.
"Sec. 4525. Identification in budget materials of amounts for declassification activi
ties and limitation on expenditures for such activities.
"Subtitle C-Emergency Response
"Sec. 4541. Responsibility for Defense Programs Emergency Response Program.
"TITLE XLVI-PERSONNEL MAnERS
"Subtitle A-Personnel Management
"Sec. 4601. A';'thority for appointment of certain scientific, engineering, and tech
nical personnel.
"Sec. 4602. Whistleblower protection program.
"Sec. 4603. Employee incentives for employees at closure project facilities.
"Sec. 4604. Department of Energy defense nuclear facilities workforce restructuring
plan.
"Sec. 4605. Authority to provide certificate of commendation to Department of En·
ergy and contractor employees for exemplary service in stockpile stew
ardship and security.
"Subtitle B-Education and Training
"Sec. 4621. Executive management training in the DeJ!artment of Energy.
"Sec. 4622. Stockpile stewardship recruitment and tramingprogram.
"Sec. 4623. Fellowship program for development of skills cntical to the Department
of Energy nuclear weapons complex.
"Subtitle C-Worker Safety
"Sec. 4641. Worker protection at nuclear weapons facilities.
"Sec. 4642. Safety oversight and enforcement at defense nuclear facilities.
"Sec. 4643. Program to monitor Department of Energy workers exposed to haz·
ardous and radioactive substances.
"Sec. 4644. Programs for persons who may have been exposed to radiation released
from Hanford nuclear reservation.
H. R. 158~365
"TITLE XLVII-BUDGET AND FINANCIAL MANAGEMENT MATrERS

"Subtitle A-Recurring National Security Authorization Provisions
"Sec. 4701. Definitions.
"Sec. 4702. Reprogramming.
"Sec. 4703. Minor construction projects.
"Sec. 4704. Limits on constructIon projects.
"Sec. 4705. Fund transfer authority.
"Sec. 4706. Conceptual and construction design.
"Sec. 4707. Authority for emergency planning, design, and construction activities.
"Sec. 4708. Scope of authority to carry out plant projects.
"Sec. 4709. Availability of funds.
"Sec. 4710. Transfer of defense environmental management funds.
"Sec. 4711. Transfer of weapons activities funds.
"Sec. 4712. Funds available for all national security programs of the Department
of Energy.
"Subtitle B-Penalties
"Sec. 4721. Restriction on use of funds to pay penalties under environmental laws.
"Sec. 4722. Restriction on use of funds to pay penalties under Clean Air Act.
"Subtitle C--Other Matters
"Sec. 4731. Single request for authorization of appropriations for common defense
and security programs.
"TITLE XLVIII-ADMINISTRATIVE MATrERS
"Subtitle A-Contracts
"Sec. 4801. Costs not allowed under covered contracts.
"Sec. 4802. Prohibition and report on bonuses to contractors operating defense nu·
clear facilities.
"Sec. 4803. Contractor liability for injury or loss of property arising out of atomic
weapons testing programs.
"Subtitle B-Resellrtlh and Development
"Sec. 4811. Laboratory-directed research and development programs.
"Sec. 4812. Limitations on use of funds for laboratory directed research and devel·
opment purposes.
"Sec. 4812A. Limitation on use of funds for certain research and development pur·
poses.
"Sec. 4813. Critical technology partnerships.
"Sec. 4814. University.based research collaboration program.
"Subtitle C-Facilities Management
"Sec. 4831. Transfers of real property at certain Department of Energy facilities.
"Sec. 4832. Engineering and manufacturing research, development, and demonstra·
tion by plant managers of certain nuclear weapons production plants.
"Sec. 4833. Pilot program relating to use of proceeds of disposal or utilization of
certain Department of Energy assets.
"Subtitle D-Other Matters
"Sec. 4851. Semiannual reports on local impact assistance.
"Sec. 4852. Payment of costs of operation and maintenance of infrastructure at Ne·
vada Test Site.".
(2) DEFINITlON.-Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended
by this section, is further amended by adding at the end the
following new section:
"SEC. 4002. DEFINITION.
"In this division, the term 'congressional defense committees'
means
"(1) the Committee on Armed Services and the Committee
on Appropriations of the Senate; and
"(2) the Committee on Armed Services and the Committee
on Appropriations ofthe House of Representatives.".
(d) ORGANIZATIONAL MATTERS.
H. R. 1588-366
(1) TITLE HEADING.-Division D of the Bob Stump National
following:
"TITLE XLI"':-ORGANIZATIONAL
MATTERS".
(2) NAVAL NUCLEAR PROPULSION PROGRAM.-Section 1634
of the Department of Defense Authorization Act, 1985 (Public
Law 98-525; 98 Stat. 2649), is
(A) transferred to title XLI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as added
by paragraph (1);
(B) inserted after the title heading for such title, as
so added; and
(C) amended
(i) by striking the section heading and inserting
the following new section heading:
"SEC. 4101. NAVAL NUCLEAR PROPULSION PROGRAM.";
and
(ii) by striking "SEC. 1634.".
(3) MANAGEMENT STRUCTURE FOR FACILITIES AND LABORA
TORIES.-Section 3140 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2833),
is
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(C) inserted after section 4101, as added by paragraph
(2); and
(D) amended in subsection (d)(2), by striking "120 days
after the date of the enactment of this Act," and inserting
"January 21,1997,".
(4) RESTRICTION ON LICENSING REQUIREMENTS FOR CERTAIN
ACTMTtES AND FACILITIES.-Section 210 of the Department of
Energy National Security and Military Applications of Nuclear
Energy Authorization Act of 1981 (Public Law 96-540; 94 Stat.
3202), is
(B) inserted after section 4102, as added by paragraph
(3); and
(C) amended
"SEC. 4103. RESTRICTION ON LICENSING REQUIREMENr FOR CERTAIN
DEFENSE ACTIVITIES AND FACILITIES.";
(ii) by striking "SEC. 210."; and
(iii) by striking "this or any other Act" and
inserting "the Department of Energy National Security
and Military Applications of Nuclear Energy
H. R. 1588-367
Authorization Act of 1981 (Public Law 96--540) or any
other Act".
(e) NUCLEAR WEAPONS STOCKPILE MATTERS.
(1) HEADINGS.-Division D of the Bob Stump National
following new headings:
"TITLE XLII-NUCLEAR WEAPONS
STOCKPILE MATTERS
"Subtitle A-Stockpile Stewardship and

Weapons Production".
(2) STOCKPILE STEWARDSHIP PROGRAM.-Section 3138 of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 107 Stat. 1946), as amended by section 3152(e)
of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 2042), is
(A) transferred to title XLII of the Bob Stump National
by paragraph (1);
(B) redesignated as section 4201; and
(C) inserted after the heading for subtitle A of such
title, as so added.
(3) STOCKPILE STEWARDSHIP CRITERIA.-Section 3158 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2257), as amended,
is
(2).
(4)"PLAN FOR STEWARDSHIP, MANAGEMENT, AND CERTIFI
CATION OF WARHEADS IN STOCKPILE.-Section 3151 of the
Law 105-85; 111 Stat. 2041), is- '
(3).
(5) STOCKPILE LIFE EXTENSION PROGRAM.-Section 3133 of
the National Defense Authorization Act for Fiscal Year 2000
(4); and
H. R. 1588-368
(D) amended in subsection (c)(l) by striking "the date
of the enactment of this Act" and inserting "October 5,
1999".
(6) ANNuAL ASSESSMENTS AND REPORTS ON CONDITION OF
STOCKPILE.-Section 3141 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2730), is
(A) transferred to title XLII of such Act, as amended
by this subsection;
(5); and
(D) amended in subsection (d)(3)(B) by striking "section
3137 of the National Defense Authorization Act for Fiscal
Year 1996 (42 U.S.C. 2121 note)" and inserting "section
4212".
(7) FORM OF CERTAIN CERTIFICATIONS REGARDING STOCK
PILE.-Section 3194 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-481), is
(6).
(8) NUCLEAR TEST BAN READINESS PROGRAM.-Section 1436
of the National Defense Authorization Act, Fiscal Year 1989
(7); and
(D) amended in the section heading by adding a period
at the end.
(9) STUDY ON NUCLEAR TEST READINESS POSTURES.-Section
3152 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 623), as amended by
section 3192 of the Floyd D. Spence National Defense
(8).
(10) REQUIREMENTS FOR REQUESTS FOR NEW OR MODIFIED
NUCLEAR WEAPONS.-Section 3143 of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314; 116 Stat. 2733), is
(A) transferred to title XLII of such Act, as amended
by this subsection;
(B) redesignated as section·4209; and
- - - - - - - - - - - - - - - - -
H. R. 1588-369
(9).
(11) LIMITATION ON UNDERGROUND NUCLEAR WEAPONS
TESTs.-Subsection (£) of section 507 of the Energy and Water
Development Appropriations Act, 1993 (Public Law 102-337;
106 Stat. 1345), is
(10); and
(C) amended
(i) by inserting before the text the following new
section heading: .
"SEC. 4210. LIMITATION ON UNDERGROUND NUCLEAR WEAPONS
TESTS.";
and
(li) by striking "(£)".
(12) TESTING OF NUCLEAR WEAPONS.-Section 3137 of the
Law 103-160; 107 Stat. 1946), is
(11); and
(D) amended
(i) in subsection (a), by inserting "of the National
Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160)" after "section 3101(a)(2)"; and
(li) in subsection (b), by striking "this Act" and
inserting "the National Defense Authorization Act for
Fiscal Year 1994".
(13) MANUFACTURING INFRASTRUCTURE FOR STOCKPILE.
Section 3137 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 620), as
amended by section 3132 of the National Defense Authorization
is
(12); and
(D) amended in subsection (d) by inserting "of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106)" after "section 3101(b)".
(14) REPORTS ON CRITICAL DIFFICULTIES AT LABORATORIES
AND PLANTs.-Section 3159 of the National Defense Authoriza
tion Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2842), as amended by section 1305 of the National Defense
111 Stat. 1954) and section 3163 of the National Defense
H. R. 1588-370
113 Stat. 944), is
(13).
(15) SUBTITLE HEADING ON TRITIUM.-Title XLII of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection, is further amended by adding
at the end the following new subtitle heading:
"Subtitle B-Tritium".
(16) TRITIUM PRODUCTION PROGRAM.-Section 3133 of the
Law 104-106; 110 Stat. 618), is
(C) inserted after the heading for subtitle B of such
title XLII, as added by paragraph (15); and
(D) amended
(i) by striking "the date of the enactment of this
Act" each place it appears and inserting "February
10, 1996"; and
(ii) in subsection (b), by inserting "of the National
Law 104-106)" after "section 3101".
(17) TRITIUM RECYCLING.-Section 3136 of the National
104-106; 110 Stat. 620), is
. (C) inserted after section 4231, as added by paragraph
(16).
(18) TRITIUM PRODUCTION.-Subsections (c) and (d) of sec
tion 3133 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2830) are
(17); and
(C) amended
section heading:
"SEC. 4233. TRITIUM PRODUCTION.";
(ii) by redesignating such subsections as sub
sections (a) and (b), respectively; and
(iii) in subsection (a), as so redesignated, by
inserting "of Energy" after "The Secretary".
H. R. 1588-371
(19) MODERNIZATION AND CONSOLIDATION OF TRITIUM
RECYCLING FACILITIES.-Section 3134 of the National Defense
110 Stat. 2830), is
(18); and
(D) amended in subsection (b) by inserting "of the
(Public Law 104-201)" after "section 3101".
(20) PROCEDURES FOR MEETING TRITIUM PRODUCTION
REQUIREMENTs.-Section 3134 of the National Defense
113 Stat. 927), is
(19).
(f) PROLIFERATION MATTERS.
(1) TITLE HEADING.-Division D of the Bob Stump National
following new title heading:
"TITLE XLIII-PROLIFERATION
MATTERS".
(2) INTERNATIONAL COOPERATIVE STOCKPILE STEWARD

SHIP.-Section 3133 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2036),
as amended by sections 1069 and 3131 of the Strom Thurmond
Law 105-261; 112 Stat. 2136, 2246), is
(A) transferred to title XLIII of the Bob Stump National
by paragraph (1);
(C) inserted after the heading for such title, as so
added; and
(D) amended in subsection (b)(3) by striking "this Act"
and inserting "the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85)".
(3) NONPROLIFERATION INITIATIVES AND ACTIVITIES.-Sec
Year 2000 (Public Law 106-65; 113 Stat. 927), is
(2); and
H. R. 1588-372
(D) amended in subsection (b)(l) by striking "this title"
and inserting "title XXXI of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106
65)".
(4) ANNuAL REPORT ON MATERIALS PROTECTION, CONTROL,
AND ACCOUNTING PROGRAM.-Section 3171 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1645A-475), is
(3); and
(D) amended in subsection (c)(l) by striking "this Act"
and inserting "the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398)".
(5) NUCLEAR CITIES INITIATIVE.-Section 3172 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
1645A-476), is
Defense Authorization Act for· Fiscal Year 2003, as
(4).
(6) PROGRAMS ON FISSILE MATERIALS.-Section 3131 of the
Law 104-106; 110 Stat. 617), as amended by section 3152
of the Bob Stump National Defense Authorization Act for Fiscal
'(C) inserted after section 4304, as added by paragraph
(5).
(7) DISPOSITION OF PLUTONIUM.
(A) DISPOSITION OF WEAPONS USABLE PLUTONIUM.-Sec
tion 3182 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2747), is
(i) transferred to title XLIII of such Act, as
(ii) redesignated as section 4306; and
(iii) inserted after section 4305, as added by para
graph (6).
(B) DISPOSITION OF SURPLUS DEFENSE PLUTONIUM.
Section 3155 of the National Defense Authorization Act
is
m transferred to title XLIII of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
H. R. 1588---373
(ii) redesignated as section 4306A; and
(iii) inserted after section 4306, as added by
subparagraph (A).
(g) ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
MATTERS.
"TITLE XLIV-ENVIRONMENTAL RES

TORATION AND WASTE MANAGEMENT
MATTERS
"Subtitle A-Environmental Restoration
and Waste Management".
(2) DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT ACCOUNT.-Section 3134 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 105 Stat. 1575), is
(A) transferred to title XLN of the Bob Stump National
Defense Authorizatio~ Act for Fiscal Year 2003, as added
by paragraph (1);
title, as so added.
(3) FUTURE USE PLANS FOR ENVIRONMENTAL MANAGEMENT
PROGRAM.-Section 3153 of the National Defense Authorization
is
. (B) redesignated as section 4402;
(2); and
(D) amended
(i) in subsection (d), by striking "the date of the
enactment of this Act" and inserting "September 23,
1996 ". and
Cii) in subsection (h)(1), by striking ''the date of
the enactment of this Act" and inserting "September
23,1996".
(4) INTEGRATED FISSILE MATERIALS MANAGEMENT PLAN.
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 948), is
(3).
H. R. 1588-374
(5) BASELINE ENVIRONMENTAL MANAGEMENT REPORTS.-Sec
Year 1994 (Public Law 103-160; 107 Stat. 1950), as amended
by section 3160 of the National Defense Authorization Act
section 3152 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2839), and
(A) transferred to title XLIV of the Bob Stump National
(4).
(6) ACCELERATED SCHEDULE FOR ENVIRONMENTAL RESTORA
TION AND WASTE MANAGEMENT.-Section 3156 of the National
104-106; 110 Stat. 625), is
(5); and
(D) amended in subsection (b)(2) by inserting before
the period the following: ", the predecessor provision to
section 4404 of this Act".
(7) DEFENSE WASTE CLEANUP TECHNOLOGY PROGRAM.-Sec
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1679),
is
(6);.and
at the end.
(8) REPORT ON ENVIRONMENTAL RESTORATION EXPENDI
TURES.-Section 3134 of the National Defense Authorization
is
(7); and
at the end.
(9) PuBLIC PARTICIPATION IN PLANNING FOR ENVIRONMENTAL
RESTORATION AND WASTE MANAGEMENT.-Subsection (e) of sec
H.R.1588-375
(8); and
(C) amended
section heading:
"SEC. 4408. PUBLIC PARTICIPATION IN PLANNING FOR ENVIRON·
MENTAL RESTORATION AND WASTE MANAGEMENI' AT
DEFENSE NUCLEAR FACILITIES.";
and
(ii) by striking "(e) PuBLIC PARTICIPATION IN PLAN
NING.-".
(10) SUBTITLE HEADING ON CLOSURE OF FACILITIEs.-Title
XLIV of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
"Subtitle B-Closure of Facilities".

(11) PROJECTS TO ACCELERATE CLOSURE ACTMTIES AT
DEFENSE NUCLEAR FACILITIES.-Section 3143 of the National
104-201; 110 Stat. 2836), is
(A) transferred to title XLIV of the Bob Stutnp National
title, as added by paragraph (10); and
(D) amended in subsection (i) by striking \"the expira
tion of the 15-year period beginning on the date of the
ena.ctment of this Act" and inserting "September 23, 2011".
(12) REPORTS IN CONNECTION WITH PERMANENT CLOSURE
OF DEFENSE NUCLEAR FACILITIEs.-8ection 3156 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(11); and
at the end.
(13) SUBTITLE HEADING ON PRIVATIZATION.-Title XLIV of
the Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection, is further amended
by adding at the end the following new subtitle heading:
H. R. 1588-376
"Subtitle C-Privatization".
(14) DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION
PROJECTS.-Section 3132 of the National Defense Authorization
is
(C) inserted after the heading for subtitle C of such
(D) amended
(i) in subsections (a), (c)(l)(B)(i), and (d), by
inserting "of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85)" after "sec
tion 3102(i)"; and
(ii) in subsections (c)(l)(B)(ii) and (0, by striking
"the date of enactment of this Act" and inserting
''November 18,1997".
(15) SUBTITLE HEADING ON HANFORD RESERVATION.-Title
XLIV of the Bob Stump National Defense Authorization Act
heading:
"Subtitle D-Hanford Reservation,
Washington".
(16) SAFETY MEASURES FOR WASTE TANKS.-Section 3137

• (C) inserted after the heading for subtitle D of such
(D) amended
(i) in the section heading, by adding a period at
the end;
(ii) in subsection (a), by striking ''Within 90 days
after the date of the enactment of this Act," and
inserting "Not later than February 3, 1991,";
(iii) in subsection (b), by striking ''Within 120 days
inserting "Not later than March 5,1991,";
(iv) in subsection (c), by striking "Beginning 120
days after the date of the enactment of this Act,"
and inserting "Beginning March 5, 1991,"; and
(v) in subsection (d), by striking ''Within six
months after the date of the enactment of this Act,"
and inserting "Not later than May 5, 1991,".
(17) WASTE TANK CLEANUP PROGRAM.-Section 3139 of the
Strom Thurmond National Defense Authorization Act for Fiscal
H. R. 1588-377
Year 1999 (Public Law 105-261; 112 Stat. 2250), as amended
by section 3141 of the Floyd D. Spence National Defense
by Public Law 106-398; 114 Stat. 1654A-463) and section
2002 (Public Law 107-107; 115 Stat. 1368), is
(16); and
(D) amended in subsection (d) by striking "30 days
after the date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001,"
and inserting "November 29,2000,".
(18) RIVER PROTECTION PROJECT.-Subsection (a) of section
3141 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398; 114 Stat. 1654A-462), is
(A) transferred to title XLIV ofthe Bob Stump National
(17); and
(C) amended
(i) by inserting before th~ text the following new
section heading:
"SEC. 4443. RIVER PROTECTION PROJECT.";
and
(ii) by striking "(a) REDESIGNATION OF PROJECT.-".
(19) FuNDING FOR TERMINATION COSTS OF RIVER PROTEC
TION PROJECT.-Section 3131 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-454), is
, (A) transferred to title XLIV of the Bob Stump National
(18); and
(D) amended
(i) by striking "section 3141" and inserting "section
4443"; and
(li) by striking ''the date of the enactment of this
Act" and inserting "October 30,2000".
(20) SUBTITLE HEADING ON SAVANNAH RIVER SITE, SOUTH
CAROLINA.-Title XLIV of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
subsection, is further amended by adding at the end the fol
lowing new subtitle heading:
H. R. 1588-378
"Subtitle E-Savannah River Site, South

Carolina".
(21) ACCELERATED SCHEDULE FOR ISOLATING HIGH-LEVEL
NUCLEAR WASTE AT DEFENSE WASTE PROCESSING FACILITY.
(B) redesignated as 4451; and
(C) inserted after the heading for subtitle E of such
title, as added by paragraph (20).
(22) MULTI-YEAR PLAN FOR CLEAN-up.-Subsection (e) of
(21); and
(C) amended
section heading:
"SEC. 4452. MULTI·YEAR PLAN FOR CLEAN·up.";
and
(ii) by striking U(e) MULTI-YEAR PLAN FOR CLEAN
UP AT SAVANNAH RIVER SITE.-The Secretary" and
inserting "The Secretary of Energy".
(23) CONTINUATION OF PROCESSING, TREATMENT, AND DIS
POSAL OF LEGACY NUCLEAR MATERIALS.
(A) FISCAL YEAR 2001.-Subsection (a) of section 3137
of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public
Law 10~398; 114 Stat. 1654A-460), is
(i) transferred to title XLIV of the Bob Stump
. National Defense Authorization Act for Fiscal Year
(ii) inserted after section 4452, as added by para
graph (22); and
(iii) amended
(I) by inserting before the text the following
new section heading:
"SEC. 4453. CONTINUATION OF PROCESSING, TREATMENT, AND DIS·
POSAL OF LEGACY NUCLEAR MATERIALS.";
and
(II) by striking "(a) CONTINUATION.-".
(B) FISCAL YEAR 2oo0.-Section 3132 of the National
Law 10~65; 113 Stat. 924), is
(ii) redesignated as section 4453A; and
H. R. 1588-379
subparagraph (A).
(C) FISCAL YEAR 1999.-Section 3135 of the Strom
Thurmond National Defense Authorization Act for Fiscal
(ii) redesignated as section 4453B; and
(iii) inserted after section 4453A, as added by
subparagraph (B).
(D) FISCAL YEAR 1998.-Subsection (b) of section 3136
of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 2038), is- .
(ii) inserted after section 4453B, as added by
subparagraph (C); and
(iii) amended
"SEC. 4453C. CONTINUATION OF PROCESSING, TREATMENT, AND DIS
POSAL OF LEGACY NUCLEAR MATERIALS,";
and
(II) by striking "(b) REQUIREMENT FOR CON
TINUING OPERATIONS AT SAVANNAH RIVER
SITE.-".
(E) FISCAL YEAR 1997.-Subsection (0 of section 3142
of the National Defense Authorization Act for Fiscal Year
(ii) inserted after section 4453C, as added by
subparagraph (D); and
(iii) amended
"SEC. 4453D. CONTINUATION OF PROCESSING, TREATMENT,. AND DIS
POSAL OF LEGACY NUCLEAR MATERIALS.";
(II) by striking "(0 REQUIREMENT FOR CON
TINUING OPERATIONS AT SAVANNAH RIVER SITE.
The Secretary" and inserting "The Secretary of
Energy"; and
(III) by striking "subsection (e)" and inserting
"section 4452".
(24) LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING
F-CANYON FACILITY.-Subsection (b) of section 3137 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
1654A-460), is
(A) transferred to title XLIV of the Bob Stump Natipnal
H. R. 1588-380
(B) inserted after section 4453D, as added by para
graph (23)(E); and
(C) amended
section heading:
"SEC. 4454. LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING
F-CANYON FACILITY.";
(ii) by striking "(b) LIMITATION ON USE OF FUNDS
FOR DECOMMISSIONING F-CANYON FACILITY.-";
(iii) by striking "this or any other Act" and
inserting "the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398) or any other Act";
and
(iv) by striking ''the Secretary" in the matter pre
ceding paragraph (1) and inserting "the Secretary of
Energy".
(h) SAFEGUARDS AND SECURITY MATTERS.
"TITLE XLV-SAFEGUARDS AND

SECURITY MA1TERS
"Subtitle A-Safeguards and Security".
(2) PROHIBITION ON INTERNATIONAL INSPECTIONS OF FACILI
TIES WITHOUT PROTECTION OF RESTRICTED DATA.-Section 3154
(A) transferred to title XLV of the Bob Stump National
by paragraph (1);
. (C) inserted after the heading for subtitle A of such
title, as so added; and
(D) amended
(i) by striking "(1) The" and inserting "The"; and
(ii) by striking "(2) For purposes of paragraph (1),"
and inserting "(c) RESTRICTED DATA DEFINED.-In this
section,".
(3) RESTRICTIONS ON ACCESS TO LABORATORIES BY FOREIGN
VISITORS FROM SENSITIVE COUNTRIES.-Section 3146 of the
Law 106-65; 113 Stat. 935), is
(2); and
(D) amended
(i) in subsection (b)(2)
H. R. 1588-381
(I) in the matter preceding subparagraph (A),
by striking "30 days after the date of the enact
ment of this Act" and inserting "on November 4,
1999,"; and
(II) in subparagraph (A), by striking "The date
that is 90 days after the date of the enactment
of this Act" and inserting "January 3, 2000";
(ii) in subsection (d)(1), by striking "the date of
the enactment of this Act," and inserting "October
5, 1999,"; and
(iii) in subsection (g), by adding at the end the
following new paragraphs:
"(3) The term 'national laboratory' means any of the fol
lowing:
"(A) Lawrence Livermore National Laboratory, Liver
more, California.
"(B) Los Alamos National Laboratory, Los Alamos, New
Mexico.
"(C) Sandia National Laboratories, Albuquerque, New
Mexico and Livermore, California.
"(4) The term 'Restricted Data' has the meaning given
that term in section 11 y. of the Atomic Energy Act of 1954
(42 U.S.C. 2014(y)).".
(4) BACKGROUND INVESTIGATIONS ON CERTAIN PERSONNEL.
(3); and
(D) amended
(i) in subsection (b), by striking "the date of the
enactment of this Act" and inserting "October 5,1999,";
and
(ii) by adding at the end the following new sub
o section:
"(c) DEFINITIONS.-In this section, the terms 'national labora
tory' and 'Restricted Data' have the meanings given such terms
in section 4502(g).".
(5) COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(A) DEPARTMENT OF ENERGY COUNTERINTELLIGENCE
POLYGRAPH PROGRAM.-Section 3152 of the National
Law 107-107; 115 Stat. 1376), is
(i) transferred to title XLV of the Bob Stump
(ii) redesignated as section 4504;
graph (4); and
(iv) amended in subsection (c) by striking "section
3154 of the Department of Energy Facilities Safe
guards, Security, and Counterintelligence Enhance
ment Act of 1999 (subtitle D of title XXXI of Public
H. R. 1588-382
Law 106-65; 42 U.S.C. 7383h)" and inserting "section
4504A".
(B) COUNTERINTELUGENCE POLYGRAPH PROGRAM.-Sec
tion 3154 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 941), as
amended by section 3135 of the Floyd D. Spence National
into law by Public Law 106-398; 114 Stat. 1654A-456),
is
(i) transferred to title XLV of the Bob Stump
(ii) redesignated as section 4504A;
subparagraph (A); and
(iv) amended in subsection (h) by striking "180
days after the date of the enactment of this Act,"
and inserting "April 5, 2000,".
(6) NOTICE OF SECURITY AND COUNTERINTELLIGENCE FAIL
uREs.-Section 3150 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 939), is
(C) inserted after section 4504A, as added by paragraph
(5)(B).
(7) ANNuAL REPORT ON SECURITY FUNCTIONS AT NUCLEAR
WEAPONS FACILITIES.-Section 3162 of the National Defense
111 Stat. 2049), is
(6); and
. (D) amended in subsection (b) by inserting "of the
(Public Law 105-85; 111 Stat. 2048; 42 U.S.C. 7251 note)"
after "section 3161".
(8) REpORT ON COUNTERINTELLIGENCE AND SECURITY PRAC
TICES AT LABORATORIES.-8ection 3152 of the National Defense
113 Stat. 940), is
(7); and
(D) amended by adding at the end the following new
subsection:
"(c) NATIONAL LABORATORY DEFINED.-In this section, the term
'national laboratory' has the meaning given that term in section
4502(g)(3).".
H. R. 1588-383
(9) REPORT ON SECURITY VULNERABIUTIES OF NATIONAL
LABORATORY COMPUTERS.-Section 3153 of the National Defense
113 Stat. 940), is
(8); and
(D) amended by adding at the end the following new
subsection:
"(f) NATIONAL LABORATORY DEFINED.-In this section, the term
'national laboratory' has the meaning given that term in section
4502(g)(3).".
(10) SUBTITLE HEADING ON CLASSIFIED INFORMATION.-Title
XLV of the Bob Stump National Defense Authorization Act
heading:
"Subtitle B-Classified Information".

(11) REVIEW OF CERTAIN DOCUMENTS BEFORE DECLASSIFICA
TION AND RELEASE.-Section 3155 of the National Defense
110 Stat. 625), is
(12) PROTECTION AGAINST INADVERTENT RELEASE OF
RESTRICTED DATA AND FORMERLY RESTRICTED DATA.-Section
3161 of the Strom Thurmond National Defense Authorization
Act for .Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2259),
as amended by section 1067(3) of the National Defense
113 Stat. 774) and section 3193 of the Floyd D. Spence National
(11); and
(D) amended
(i) in subsection (c)(l), by striking ''the date of
the enactment of this Act" and inserting "October 17,
1998'"
(ii) in subsection (f)(1), by striking ''the date of
the enactment of this Act" and inserting "October 17,
1998"; and
H. R. 1588-384
(iii) in subsection (0(2), by striking "The Secretary"
and inserting "Commencing with inadvertent releases
discovered on or after October 30,2000, the Secretary".
(13) SUPPLEMENT TO PLAN FOR DECLASSIFICATION OF
RESTRICTED DATA AND FORMERLY RESTRICTED DATA.-Section
(12); and
(D) amended
(i) in subsection (a), by striking "subsection (a)
of section 3161 of the Strom Thurmond National
Law 105-261; 112 Stat. 2260; 50 U.S.C. 435 note)"
and inserting "subsection (a) of section 4522";
(ii) in subsection (b)
(I) by striking "section 3161(b)(1) of that Act"
and inserting "subsection (b)(1) of section 4522";
and
(II) by striking "the date of the enactment
of that Act" and inserting "October 17, 1998,";
(iii) in subsection (c)
(I) by striking "section 3161(c) of that Act"
and inserting "subsection (c) of section 4522"; and
(II) by striking "section 3161(a) of that Act"
and inserting "subsection (a) of such section"; and
(iv) in subsection (d), by striking "section 3161(d)
of that Act" and inserting "subsection (d) of section
4522".
(14) PROTECTION OF CLASSIFIED INFORMATION DURING LAB
ORATORY-TO-LABORATORY EXCHANGEs.-Section 3145 of the
Law 106-65; 113 Stat. 935), is
. (A) transferred to title XLV of the Bob Stump National
(13).
(15) IDENTIFICATION IN BUDGETS OF AMOUNT FOR DECLAS
SIFICATION ACTIVITIEs.-Section 3173 of the National Defense
113 Stat. 949), is
(14); and
(D) amended in subsection (b) by striking "the date
of the' enactment of this Act" and inserting "October 5,
1999,".
H. R. 1588-385
(16) SUBTITLE HEADING ON EMERGENCY RESPONSE.-Title
XLV of the Bob Stump National Defense Authorization Act
heading:
"Subtitle C-Emergency Response".

(17) RESPONSIBILITY FOR DEFENSE PROGRAMS EMERGENCY
RESPONSE PROGRAM.-Section 3158 of the National Defense
110 Stat. 626), is- .
(i) PERSONNEL MATTERS.
(1) HEADINGs.-Division D of the Bob Stump National
"TITLE XLVI-PERSONNEL MATTERS

"Subtitle A-Personnel Management".
(2) AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC,
ENGINEERING, AND TECHNICAL PE:RSONNEL.-Section 3161 of the
(Public Law 105-85; 111 Stat. 2040), sections 3152 and 3155
of the Strom Thurmond National Defense Authorization Act
for Fiseal Year 1999 (Public -Law 105-261; 112 Stat. 2253,
2257), and section 3191 of the Floyd D. Spence National Defense
(A) transferred to title XLVI of the Bob Stump National
by paragraph (1);
title, as so added.
(3) WHISTLEBLOWER PROTECTION PROGRAM.-Section 3164
(2); and
H. R. 1588-386
(D) amended in subsection (n) by striking "60 days

"December 5,1999,".
(4) EMPLOYEE INCENTIVES FOR WORKERS AT CLOSURE
PROJECT FACILITIES.-Section 3136 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106--398; 114 Stat. 1654A
458), is
(3); and
(D) amended
(i) in subsections (c) and (i)(l)(A), by striking "sec
tion 3143 of the National Defense Authorization Act
for Fiscal Year 1997 (42 U.S.C. 7274n)" and inserting
"section 4421"; and
(ii) in subsection (g), by striking "section 3143(h)
of the National Defense Authorization Act for Fiscal
Year 1997" and inserting "section 442l<h)".
(5) DEFENSE NUCLEAR FACILITY WORKFORCE RESTRUCTURING
PLAN.-Section 3161 of the National Defense Authorization Act
as amended by section 1070(c)(2) of the National Defense
108 Stat. 2857), Public Law 105-277 (112 Stat. 2681-419, 2681
430), and section 1048(h)(1) of the National Defense Authoriza
1229), is
(4); and
(D) amended
(i) in subsection (a), by striking "(hereinafter in
this subtitle referred to as the 'Secretary')"; and
(ii) by adding at the end the following new sub
section:
"(g) DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILITY
DEFINED.-In this section, the term 'Department of Energy defense
nuclear facility' means
"(1) a production facility or utilization facility (as those
terms are defmed in section 11 of the Atomic Energy Act
of 1954 (42 U.S.C. 2014» that is under the control or jurisdiction
of the Secretary and that is operated for national security
purposes (including the tritium loading facility at Savannah
River, South Carolina, the 236 H facility at Savannah River,
South Carolina; and the Mound Laboratory, Ohio), but the
term does not include any facility that does not conduct atomic
energy defense activities and does not include any facility or
activity covered by Executive Order Number 12344, dated Feb
ruary 1, 1982, pertaining to the naval nuclear propulsion pro
gram;
H. R. 1588-387
"(2) a nuclear waste storage or disposal facility that is
under the control or jurisdiction of the Secretary;
"(3) a testing and assembly facility that is under the control
or jurisdiction of the Secretary and that is operated for national
security purposes (including the Nevada Test Site, Nevada;
the Pinnellas Plant, Florida; and the Pantex facility, Texas);
"(4) an atomic weapons research facility that is under the
control or jurisdiction of the Secretary (including Lawrence
Livermore, Los Alamos, and Sandia National Laboratories);
or
"(5) any facility described in paragraphs (1) through (4)
that
"(A) is no longer in operation;
"(B) was under the control or jurisdiction of the Depart
ment of Defense, the Atomic Energy Commission, or the
Energy Research and Development Administration; and
"(C) was operated for national security purposes.".
(6) AUTHORITY TO PROVIDE CERTIFICATE OF COMMENDATION
TO EMPLOYEES.-Section 3195 of the Floyd D. Spence National
(A) transferred to title XLVI ofthe Bob Stump National
(5).
(7) SUBTITLE HEADING ON EDUCATION AND TRAINING.-Title
XLVI of the Bob Stump National Defense Authorization Act
heading:
"Subtitle B-Education and Training".

(8) EXECUTIVE MANAGEMENT TRAINING.-Section 3142 of
the National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101-189; 103 Stat. 1680), is
'(A) transferred to title XLVI of the Bob Stump National
at the end.
(9) STOCKPILE STEWARDSHIP RECRUITMENT AND TRAINING
PROGRAM.-Section 3131 of the National Defense Authorization
is
(8); and
(D) amended
H. R. 1588-388
(i) in subsection (a)(l), by striking "section 3138
of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1946; 42
U.S.C. 2121 note)" and inserting "section 4201"; and
(ii) in subsection (b)(2), by insertin~ "of the
1995 (Public Law 103-337)" after "section 3101(a)(1)".
(10) FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS
CRITICAL TO NUCLEAR WEAPONS COMPLEX.-8ection 3140 of the
(9).
(11) SUBTITLE HEADING ON WORKER SAFETY.-Title XLVI
"Subtitle C-Worker Safety".

(12) WORKER PROTECTION AT NUCLEAR WEAPONS FACILI
TIES.-Section 3131 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105
Stat. 1571), is
Defense Authorization Act for Fiscal Year· 2003, as
(D) amended in subsection (e) by inserting "of the
National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102-190)" after "section 3101(9)(A)".
(13) SAFETY OVERSIGHT AND ENFORCEMENT AT DEFENSE
NUCLEAR FACILITIES.-Section 3163 of the National Defense
108 Stat. 3097), is
(12); and
(0) amended in subsection (b) by striking "90 days
"January 5, 1995,".
(14) PROGRAM TO MONITOR WORKERS AT DEFENSE NUCLEAR
FACILITIES EXPOSED TO HAZARDOUS OR RADIOACTIVE SUB
STANCEs.-Section 3162 of the National Defense Authorization
is
H. R. 1588--389
(13); and
(D) amended
(i) in subsection (b)(6), by striking "1 year after
the date of the enactment of this Act" and inserting
"October 23 1993"·
(ii) in ~ubsection (c), by striking "180 days after
the date of the enactment of this Act," and inserting
"April 23 1993 ". and
(iii) by ad(h~g at the end the following new sub
section:
"(d) DEFINITIONS.-In this section:
"(1) The term 'Department of Energy defense nuclear
facility' has the meaning given that term in section 4604(g).
"(2) The term 'Department of Energy employee' means
any employee of the Department of Energy employed at a
Department of Energy defense nuclear facility, including any
employee of a contractor or subcontractor of the Department
of Energy employed at such a facility.".
(15) PROGRAMS FOR PERSONS WHO MAY HAVE BEEN EXPOSED
TO RADIATION RELEASED FROM HANFORD RESERVATION.-Section
1991 (Public Law 101-510; 104 Stat. 1834), as amended by
(14); and
(D) amended
the end;
(ii) in subsection (a), by striking "this title" and
inserting "title XXXI of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law
101-510)"; and
(iii) in subsection (c)
(I) in paragraph (2), by striking "six months
inserting "May 5, 1991,"; and
(II) in paragraph (3), by striking "18 months
inserting "May 5, 1992,".
(j) BUDGET AND FINANCIAL MANAGEMENT MATTERS.
H. R. 1588-390
"TITLE XLVII-BUDGET AND FINANCIAL

MANAGEMENT MA'ITERS
"Subtitle A-Recurring National Security
Authorization Provisions".
(2) RECURRING NATIONAL SECURITY AUTHORIZATION PROVI
SIONS.-Sections 3620 through 3631 of the Bob Stump National
107-314; 116 Stat. 2756) are
(A) transferred to title XLVII of such Act, as added
by paragraph (1);
(B) redesignated as sections 4701 through 4712, respec
tively;
(D) amended
(i) in section 4702, as so redesignated, by striking
"sections 3629 and 3630" and inserting "sections 4710
and 4711";
(ii) in section 4706(a)(3)(B), as so redesignated,
by striking "section 3626" and inserting "section 4707";
(iii) in section 4707(c), as so redesignated, by
striking "section 3625(b)(2)" and inserting "section
4706(b)(2)";
(iv) in section 471O(c), as so redesignated, b~
striking "section 3621" and inserting "section 4702';
(v) in section 4711(c), as so redesignated, by
striking "section 3621" and inserting "section 4702";
and
(vi) in section 4712, as so redesignated, by striking
"section 3621" and inserting "section 4702".
(3) SUBTITLE HEADING ON PENALTIES.-Title XLVII of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection, is further amended by
adding ~t the end the following new subtitle heading:
"Subtitle B-Penalties".
(4) RESTRICTION ON USE OF FUNDS TO PAY PENALTIES UNDER
ENVIRONMENTAL LAws.-Section 3132 of the National Defense
100 Stat. 4063), is
(A) transferred to title XLVII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection;
at the end.
(5) RESTRICTION ON USE OF FUNDS TO PAY PENALTIES UNDER
CLEAN AIR ACT.-Section 211 of the Department of Energy
National Security and Military Applications of Nuclear Energy
H. R. 1588-391
Authorization Act of 1981 (Public Law 96-540; 94 Stat. 3203),
is
(4); and
(C) amended
"SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PENALTIES
UNDER CLEAN AIR ACT.";
(ii) by striking "SEC. 211."; and
(iii) by striking ''this or any other Act" and
inserting "the Department of Energy National Security
and Military Applications of Nuclear Energy
Authorization Act of 1981 (Public Law 96-540) or any
other Act".
(6) SUBTITLE HEADING ON OTHER MATTERS.-Title XLVII
"Subtitle C-Other Matters".

(7) SINGLE REQUEST FOR AUTHORIZATION OF APPROPRIATIONS
FOR COMMON DEFENSE AND SECURITY PROGRAMS.-Section 208
of the Department of Energy National Security and Military
Applications of Nuclear Energy Authorization Act of 1979
(B) inserted after the heading for subtitle C of such
. (C) amended
"SEC. 4781. SINGLE REQUEST FOR AUTHORIZATION OF APPROPRIA·
TIONS FOR COMMON DEFENSE AND SECURITY PRO·
GRAMS.";
and
(ii) by striking "SEC. 208.".
(k) ADMINISTRATIVE MATTERS.
H. R. 1588-392
"TITLE XLVIII-ADMINISTRATIVE
MATTERS
"Subtitle A-Contracts".
(2) COSTS NOT ALLOWED UNDER CERTAIN CONTRACTS.-Sec
tion 1534 of the Department of Defense Authorization Act,
1986 (Public Law 99-145; 99 Stat. 774), as amended by section
3131 of the National Defense Authorization Act for Fiscal Years
1988 and 1989 (Public Law 100-180; 101 Stat. 1238), is
(A) transferred to title XLVIII of the Bob Stump
as added by paragraph (1);
(D) amended
the end; and
(ii) in subsection (b)(l), by striking "the date of
the enactment of this Act," and inserting "November
8,1985,".
(3) PROHIBITION ON BONUSES TO CONTRACTORS OPERATING
DEFENSE NUCLEAR FACILITIES.-Section 3151 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(2); and
(D) amended
the e~d;
(ii) in subsection (a), by striking "the date of the
. enactment of this Act" and inserting "November 29,
1989";
(iii) in subsection (b), by striking "6 months after
the date of the enactment of this Act," and inserting
"May 29, 1990,"; and
(iv) in subsection (d), by striking "90 days after
the date of the enactment of this Act" and inserting
"March 1,1990".
(4) CONTRACTOR LIABILITY FOR INJURY OR LOSS OF PROPERTY
ARISING FROM ATOMIC WEAPONS TESTING PROGRAMS.-Section
(3); and
(D) amended
H. R. 1588-393
the end; and
(ii) in subsection (d), by striking ''the date of the
enactment of this Act" each place it appears and
inserting "November 5,1990,".
(5) SUBTITLE HEADING ON RESEARCH AND DEVELOPMENT.
Title XLVIII of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new subtitle
heading:
"Subtitle B-Research and Development".

(6) LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT.
at the end.
(7) LIMITATIONS ON USE OF FUNDS FOR LABORATORY
DIRECTED RESEARCH AND DEVELOPMENT.
(A) LIMITATIONS ON USE OF FUNDS FOR LABORATORY
DIRECTED RESEARCH AND DEVELOPMENT.-Section 3137 of
the National Defense Authorization Act for Fiscal Year
(i) transferred to title XLVIII of the Bob Stump
(ii) redesignated as section 4812;
graph (6);
(iv) amended in subsection (b) by striking "section
. 3136(b) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2831;
42 U.S.C. 7257b)" and inserting "section 4812A(b)";
(v) amended in subsection (d)
(I) by striking "section 3136(b)(1)" and
inserting "section 4812A(b)(1)"; and
(II) by striking "section 3132(c) of the National
Defense Authorization Act for Fiscal Year 1991
(42 U.S.C. 7257a(c»" and inserting "section
4811(c)"; and
(vi) amended in subsection (e) by striking "section
3132(d) of the National Defense Authorization Act for
Fiscal Year 1991 (42 U.S.C. 7257a(d»" and inserting
"section 4811(d)".
(B) LIMITATION ON USE OF FUNDS FOR CERTAIN
RESEARCH AND DEVELOPMENT PURPOSEs.-Section 3136 of
1997 (Public Law 104-201; 110 Stat. 2830), as amended
by section 3137 of the National Defense Authorization Act
H. R. 1588-394
is
(i) transferred to title XLVIII of the Bob Stump
(ii) redesignated as section 4812A;
subparagraph (A); and
(iv) amended in subsection (a) by inserting "of
1997 (Public Law 104-201)" after "section 3101".
(8) CRITICAL TECHNOLOGY PARTNERSHIPS.-Section 3136 of
the National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102-190; 105 Stat. 1577), as amended
by section 203(b)(3) of Public Law 103-35 (107 Stat. 102),
is
(C) inserted after section 4812A, as added by paragraph
(7)(B).
(9) UNIVERSITY-BASED RESEARCH COLLABORATION PRO
GRAM.-Section 3155 of the National Defense Authorization
is
(8); and
(D) amended in subsection (c) by striking "this title"
and inserting "title XXXI of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105
85)".
(10) SUBTITLE HEADING ON FACILITIES MANAGEMENT.-Title
XLVIII of the Bob Stump National Defense Authorization Act
heading:
"Subtitle C-Facilities Management".

(11) TRANSFERS OF REAL PROPERTY AT CERTAIN FACILI
TIES.-Section 3158 of the National Defense Authorization Act
is
(12) ENGINEERING AND MANUFACTURING RESEARCH,
DEVELOPMENT, AND DEMONSTRATION AT CERTAIN NUCLEAR
WEAPONS PRODUCTION PLANTs.-Section 3156 of the Floyd D.
H. R. 1588-395
Spence National Defense Authorization Act for Fiscal Year
1654A-467), is
National Defense Authorization Act for Fi§lcal Year 2003,
(11).
(13) PILOT PROGRAM ON USE OF PROCEEDS OF DISPOSAL
OR UTILIZATION OF CERTAIN ASSETS.-Section 3138 of the
Law 105-85; 111 Stat. 2039), is
(12); and
(D) amended in subsection (d) by striking "sections
202 and 203(j) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 483 and 484(j))" and
inserting "subchapter II of chapter 5 and section 549 of
title 40, United States Code,".
(14) SUBTITLE HEADING ON OTHER MATTERS.-Title XLVIII
by adding at the end the following new subtitle headin~:
"Subtitle D-Other Matters".

(15) SEMIANNUAL REPORTS ON LOCAL IMPACT ASSISTANCE.
Subsection (f) of section 3153 of the National Defense Authoriza
2044), is
as ~mended by this subsection;
(B) inserted after the heading for subtitle D of such
(C) amended
section heading:
"SEC. 4851. SEMIANNUAL REPORTS ON LOCAL IMPACT ASSISTANCE.";
(ii) by striking "(f) SEMIANNUAL REPORTS TO CON
GRESS OF LOCAL IMPACT AsSISTANCE.-"; and
(iii) by striking "section 3161(c)(6) of the National
Defense Authorization Act of 1993 (42 U.S.C.
7274h(c)(6))" and inserting "section 4604(c)(6)".
(16) PAYMENT OF COSTS OF OPERATION AND MAINTENANCE
OF INFRASTRUCTURE AT NEVADA TEST SITE.-Section 3144 of
the National Defense Authorization Act for Fiscal Year 1997
(A) transferred to title XLVIII of such Act, as amended
by this subsection;
H. R. 1588-396
(15).
(m) CONFORMING AMENDMENTS.-(I) Title XXXVI of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 116 Stat. 1756) is repealed.
(2) Subtitle E of title XXXI of the National Defense Authoriza
tion Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C.
7274h et seq.) is repealed.
(3) Section 8905a(d)(5)(A) of title 5, United States Code, is
amended by striking "section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)" and
inserting "section 4421 of the Atomic Energy Defense Act".
TITLE XXXII-DEFENSE NUCLEAR
FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2004,
$19,559,000 for the operation of the Defense Nuclear Facilities
Safety Board under chapter 21 of the Atomic Energy Act of 1954
(42 U.S.C. 2286 et seq.).
TITLE XXXIII-NATIONAL DEFENSE

STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to required receipt objectives for previously authorized dis
posals from NatIOnal Defense Stockpile.
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.-During fiscal year 2004,
the National Defense Stockpile Manager may obligate up to
$69,701,000' of the funds in the National Defense Stockpile Trans
action Fund established under subsection (a) of section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h)
for the authorized uses of such funds under subsection (b)(2) of
such section, including the disposal of hazardous materials that
are environmentally sensitive.
(b) ADDITIONAL OBLIGATIONS.-The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager notifies
Congress that extraordinary or emergency conditions necessitate
the additional obligations. The National Defense Stockpile Manager
may make the additional obligations described in the notification
after the end of the 45-day period beginning on the date on which
Congress receives the notification.
(c) LIMITATIONS.-The authorities provided by this section shall
be subject to such limitations as may be provided in appropriations
Acts.
H. R. 1588-397
SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PRE·
VIOUSLY AUTHORIZED DISPOSALS FROM NATIONAL
DEFENSE STOCKPILE.
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 972; 50 U.S.C.
98d note) is amended
(1) in subsection (b)
(A) by striking "and" at the end of paragraph (2);
and
(B) by striking paragraph (3) and inserting the fol
lowing new paragraphs:
"(3) $340,000,000 before the end of fiscal year 2005; and
"(4) $450,000,000 before the end of fiscal year 2013."; and
(2) in subsection (e), by adding at the end the following
new sentence: "The disposal of materials under this section
to achieve the receipt levels specified in subsection (b), within
the time periods specified in subsection, shall be in addition
to any routine and on-going disposals used to fund operations
of the National Defense Stockpile.".
TITLE XXXIV-NAVAL PETROLEUM

RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) AMOUNT.-There are hereby authorized to be appropriated
to the Secretary of Energy $16,500,000 for fiscal year 2004 for
the purpose of carrying out activities under chapter 641 of title
10, United States Code, relating to the naval petroleum reserves.
(b) PERIOD OF AVAILABILITY.-Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV-MARITIME
ADMINISTRATION
Sec. 3501. Short title.

Subtitle A-Maritime Administration Reauthorization
Sec. 3511. Authorization of appropriations for fiscal years 2004, 2005, 2006,2007,
and 2008.
Sec. 3512. Conveyance of obsolete vessels under title V, Merchant Marine Act,
1936.
Sec. 3513. Authority to convey vessel USS HOIST (ARS-40).
Sec. 3514. Car!l'0 preference.
Sec. 3515. Mantime education and training.
Sec. 3516. Authority to convey obsolete vessels to United States territories and for
eign countries for reefing.
Sec. 3517. Maintenance and repair reimbursement pilot program.
Subtitle B-Amendments to Title XI Loan Guarantee Program
Sec. 3521. Equity payments by obligor for disbursement prior to termination of es
crow agreement.
Sec. 3522. Waivers of program requirements.
Sec. 3523. Project monitoring.
Sec. 3524. Defaults.
Sec. 3525. Decision period.
Sec. 3526. Loan guarantees.
H. R. 1588-398
Sec. 3527. Annual report on program.
Sec. 3528. Review of program.
Subtitle C-Maritime Security Fleet
Sec. 3531. Establishment of Maritime Security Fleet.
Sec. 3532. Related amendments to existing law.
Sec. 3533. Interim rules.
Sec. 3534. Repeals and conforming amendments.
Sec. 3535. GAO study of adjustment of operating agreement payment criteria.
Sec. 3536. Definitions.
Sec. 3537. Effective dates.
Subtitle D-National Defense Tank Vessel Construction Assistance
Sec. 3541. National defense tank vessel construction program.
Sec. 3542. Application procedure.
Sec. 3543. Award of assistance.
Sec. 3544. Priority for title XI assistance.
Sec. 3545. Definitions.
Sec. 3546. Authorization of appropriations.
SEC. 3501. SHORT TITLE.
This title may be cited as the "Maritime Security Act of 2003".
Subtitle A-Maritime Administration
Reauthorization
SEC. 3511. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS

2004,2005, 2006, 2007, AND 2008.
There are authorized to be appropriated to the Secretary of
Transportation for the Maritime Administration
(1) for expenses necessary for operations and training
activities, not to exceed $104,400,000 for the fiscal year ending
September 30, 2004, $106,000,000 for the fiscal year ending
September 30, 2007, and $113,000,000 for the fiscal year ending
September 30,2008;
(2) for expenses under the loan guarantee program author
ized by title XI of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1271 et seq.), $36,000,000 for each of fiscal years 2004,
2005,2006,2007, and 2008 of which
. (A) $30,000,000 shall be for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5))) of loan guarantees under the program;
and
(B) $6,000,000 shall be for administrative expenses
related to loan guarantee commitments under the program;
and
(3) for ship disposal, $18,422,000 for fiscal year 2004,
$11,422,000 for each of fiscal years 2005 and 2006, and
$12,000,000 for each of fiscal years 2007 and 2008.
SEC. 3512. CONVEYANCE OF OBSOLETE VESSELS UNDER TITLE V, MER·
CHANT MARINE ACT,1936.
Section 508 of the Merchant Marine Act, 1936 (46 U.S.C. App.
1158) is amended
(1) by inserting "(a) AUTHORITY To SCRAP OR SELL OBSO
LETE VESSELS.-" before "If'; and
(2) by adding at the end the following:
"(b) AUTHORITY To CONVEY VESSELS.

H. R. 1588-399
"(1) IN GENERAL.-Notwithstanding section 510G) of this
Act, the Secretary of Transportation may convey the right,
title, and interest of the United States Government in any
vessel of the National Defense Reserve Fleet that has been
identified by the Secretary as an obsolete vessel of insufficient
value to warrant its further preservation, if
"(A) the recipient is a non-profit organization, a State,
Commonwealth, or possession of the United States or any
municipal corporation or political subdivision thereof, or
the District of Columbia;
"(B) the recipient agrees not to use, or allow others
to use, the vessel for commercial transportation purposes;
"(C) the recipient agrees to make the vessel available
to the Government whenever the Secretary indicates that
it is needed by the Government;
"(D) the recipient agrees to hold the Government harm
less for any claims arising from exposure to asbestos, poly
chlorinated biphenyls, lead paint, or other hazardous sub
stances after conveyance of the vessel, except for claims
arising from use of the vessel by the Government;
"(E) the recipient has a conveyance plan and a business
plan that describes the intended use of the vessel, each
of which have been submitted to and approved by the
Secretary;
"(F) the recipient has provided proof, as determined
by the Secretary, of resources sufficient to accomplish the
transfer, necessary repairs and modifications, and initiation
of the intended use of the vessel; and
"(G) the recipient agrees that when the recipient no
longer requires the vessel for use as described in the busi
ness plan required under subparagraph (E)
"(i) the recipient will, at the discretion of the Sec
retary, reconvey the vessel to the Government in good
condition except for ordinary wear and tear; or
"(ii) if the Board of Trustees of the recipient has
decided to dissolve the recipient according to the laws
of the State in which the recipient is incorporated,
then
"(1) the recipient shall distribute the vessel,
as an asset of the recipient, to a person that has
been determined exempt from taxation under the
provisions of section 501(c)(3) of the Internal Rev
enue Code, or to the Federal Government or a
State or local government for a public purpose;
and
"(II) the vessel shall be disposed of by a court
of competent jurisdiction of the county in which
the principal office of the recipient is located, for
such purposes as the court shall determine, or
to such organizations as the court shall determine
are organized exclusively for public purposes.
"(2) OTHER EQUIPMENT.-At the Secretary's discretion,
additional equipment from other obsolete vessels of the National
Defense Reserve Fleet may be conveyed to assist the recipient
with maintenance, repairs, or modifications. '
"(3) ADDITIONAL TERMS.-The Secretary may require any
additional terms the Secretary considers appropriate.
H. R. 1588-400
"(4) DELIVERY OF VESSEL.-If conveyance is made under
this subsection the vessel shall be delivered to the recipient
at a time and place to be determined by the Secretary. The
vessel shall be conveyed in an 'as is' condition.
"(5) LIMITATIONS.-If at any time prior to delivery of the
vessel to the recipient, the Secretary determines that a different
disposition of a vessel would better serve the interests of the
Government, the Secretary shall pursue the more favorable
disposition of the obsolete vessel and shall not be liable for
any damages that may result from an intended recipient's
reliance upon a proposed transfer.
"(6) REVERSION.-The Secretary shall include in any
conveyance under this subsection terms under which all right,
title, and interest conveyed by the Secretary shall revert to
the United States if the Secretary determines the vessel has
been used other than as described in the business plan required
under paragraph (l)(E).".
SEC. 3513. AUTHORITY TO CONVEY VESSEL USS HOIST (ARS-40).
(a) IN GENERAL.-Notwithstanding section 510G) of the Mer
chant Marine Act, 1936 (46 U.S-C. App. 1160G», the Secretary
of Transportation may convey the right, title, and interest of the
United States Government in and to the vessel USS HOIST (ARS
40), to the Last Patrol Museum, located in Toledo, Ohio (a not
for-profit corporation, in this section referred to as the "recipient"),
for use as a military museum, if
(1) the recipient agrees to use the vessel as a nonprofit
military museum;
(2) the recipient agrees not to use, or allow others to
use, the vessel for commercial transportation purposes;
(3) the recipient agrees to make the vessel available to
the Government whenever the Secretary indicates that it is
needed by the Government;
(4) the recipient agrees that when the recipient no longer
requires the vessel for use as a military museum
(A) the recipient will, at the discretion of the Secretary,
reCOnvey the vessel to the Government in good condition
except for ordinary wear and tear; or
(B) if the Board of Trustees of the recipient has decided
to dissolve the recipient according to the laws of the State
in which the recipient is incorporated, then-
en the recipient shall distribute the vessel, as an
asset of the recipient, to a person that has been deter
mined exempt from taxation under the provisions of
section 501(c)(3) of the Internal Revenue Code, or to
the Federal Government or a State or local government
for a public purpose; and
(li) the vessel shall be disposed of by a court of
competent jurisdiction of the county in which the prin
cipal office of the recipient is located, for such purposes
as the court shall determine, or to such organizations
as the court shall determine are organized exclusively
for public purposes;
H. R. 1588-401
(5) the recipient agrees to hold the Government harmless
for any claims arising from exposure to asbestos, poly
chlorinated biphenyls, lead paint, or other hazardous sub
stances after conveyance of the vessel, except for claims arising
from use of the vessel by the Government;
(6) the recipient has available, for use to restore the vessel,
in the form of cash, liquid assets, or a written loan commitment,
financial resources of at least $100,000; and
(7) the recipient has a conveyance plan and a business
plan that describes the intended use of the vessel, each of
which have been submitted to and approved by the Secretary.
(b) DELIVERY OF VESSEL.-If a conveyance is made under this
section, the Secretary shall deliver the vessel at the place where
the vessel is located on the date of the enactment of this Act,
in its present condition, and without cost to the Government.
(c) OTHER UNNEEDED EQUIPMENT.-The Secretary may also
convey any unneeded equipment from other vessels in the National
Defense Reserve Fleet in order to restore the USS HOIST (ARS
40) to museum quality.
(d) RETENTION OF VESSEL IN NDRF.
(1) IN GENERAL.-The Secretary shall retain in the National
Defense Reserve Fleet the vessel authorized to be conveyed
under subsection (a), until the earlier of
(A) 2 years after the date of the enactment of this
Act; or
(B) the date of conveyance of the vessel under sub
section (a).
(2) LIMITATION.-Paragraph (1) does not require the Sec
retary to retain the vessel in the National Defense Reserve
Fleet if the Secretary determines that retention of the vessel
in the fleet will pose an unacceptable risk to the marine
environment.
SEC. 3514. CARGO PREFERENCE.
Section 901b(c)(2) of the Merchant Marine Act, 1936 (46 U.S.C
App. 1241f(c)(2)) is amended by striking "1986." and inserting "1986,
the 18-month period beginning April 1, 2002, and the 12-month
period beginning October 1, 2003, and each year thereafter.".
SEC. 3515. MARITIME EDUCATION AND TRAINING.
(a) COST OF EDUCATION DEFINED.-Section 1302 of the Mer
chant Marine Act, 1936 (46 U.S.C. App. 1295a) is amended
(1) by striking "and" after the semicolon in paragraph
(3);
(2) by striking "States." in paragraph (4)(B) and inserting
"States' and'" and '
"(5) the term 'cost of education provided' means the finan
cial costs incurred by the Federal Government for providing
training or financial assistance to students at the United States
Merchant Marine Academy and the State maritime academies,
including direct financial assistance, room, board, classroom
academics, and other training activities.".
(b) COMMITMENT AGREEMENTS.-Section 1303(e) of the Mer
chant Marine Act, 1936 (46 U.S.C. App. 1295b(e)) is amended
(1) b~ striking "Academy, unless the individual is separated
from the' in paragraph (1)(A);
(2) by striking paragraph (1)(C) and inserting the following:
H. R. 158S--402
"(C) to maintain a valid license as an officer in the mer
chant marine of the United States for at least 6 years following
the date of graduation from the Academy of such individual,
accompanied by the appropriate national and international
endorsements and certification as required by the United States
Coast Guard for service aboard vessels on domestic and inter
national voyages;";
(3) by striking paragraph (1)(E)(iii) and inserting the fol
lowing:
"(iii) as a commissioned officer on active duty in an
armed force of the United States, as a commissioned officer
in the National Oceanic and Atmospheric Administration,
or other maritime-related employment with the Federal
Government which serves the national security interests
of the United States, as determined by the Secretary; or";
(4) by striking paragraph (2) and inserting the following:
"(2)(A) If the Secretary determines that any individual who
has attended the Academy for not less than 2 years has failed
to fulfill the part of the agreement required by paragraph (1)(A),
such individual may be ordered by the Secretary of Defense to
active duty in one of the armed forces of the United States to
serve for a period of time not to exceed 2 years. In cases of hardship
as determined by the Secretary, the Secretary may waive this
provision in whole or in part.
"(B) If the Secretary of Defense is unable or unwilling to order
an individual to active duty under subparagraph (A), or if the
Secretary of Transportation determines that reimbursement of the
cost of education provided would better serve the interests of the
United States, the Secretary may recover from the individual the
cost of education provided by the Federal Government.";
"(3)(A) If the Secretary determines that an individual has failed
to fulfill any part of the agreement required by paragraph (1),
as described in paragraph (1)(B), (C), (D), (E), or (F), such individual
may be ordered to active duty to serve a period of time not less
than 3 years and not more than the unexpired portion, as deter
mined by the Secretary, of the service required by paragraph (1)(E).
The Secretary, in consultation with the Secretary of Defense, shall
determine in which service the individual shall be ordered to active
duty to serve such period of time. In cases of hardship, as deter
mined by the Secretary, the Secretary may waive this provision
in whole or in part.
United States, the Secretary may recover from the individual the
cost of education provided and may reduce the amount to be recov
ered from such individual to reflect partial performance of service
obligations and such other factors as the Secretary determines
merit such a reduction."; and
(6) by redesignating }laragraph (4) as paragraph (5) and
inserting after paragraph (3) the following:
"(4) To aid in the recovery of the cost of education provided
by the Federal Government pursuant to a commitment agreement
under this section, the Secretary may request the Attorney General
to begin court proceedings, and the Secretary may make use of
H.R.158~03
the Federal debt collection procedures in chapter 176 of title 28,

United States Code, or other applicable administrative remedies.".
(c) DEGREES AWARDED.-Section 1303(g) of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1295b(g)) is amended to read
as follows:
"(g) DEGREES AWARDED.
"(1) BACHELOR'S DEGREE.-The Superintendent of the
Academy may confer the degree of bachelor of science upon
any individual who has met the conditions prescribed by the
Secretary and who, if a citizen of the United States, has passed
the examination for a merchant marine officer's license. No
individual may be denied a degree under this subsection
because the individual is not permitted to take such examina
tion solely because of physical disqualification.
"(2) MAsTER'S DEGREE.-The Superintendent of the
Academy may confer a master's degree upon any individual
who has met the conditions prescribed by the Secretary. Any
master's degree program may be funded through non-appro
priated funds. In order to maintain the appropriate academic
standards, the program shall be accredited by the appropriate
accreditation body. The Secretary may make regulations nec
essary to administer such a program.".
(d) STUDENT INCENTIVE PAYMENTS.-Section 1304(g) of the Mer
chant Marine Act, 1936 (46 U.S.C. App. 1295c(g)) is amended
(1) by striking "$3,000" in paragraph (1) and inserting
"$4000'"
, (2) in paragraph (3)(A) by striking "attending, unless the
individual is separated by such academy;" and inserting
"attending''''
(3) by ~triking paragraph (3)(C) and inserting the following:
"(C) to maintam a valid license as an officer in the mer·
chant marine of the United States for at least 6 years following
the date of graduation from such State maritime academy
of such individual, accompanied by the appropriate national
and international endorsements and certification as required
by the United States Coast Guard for service aboard vessels
on domestic and international voyages;";
(4) by striking paragraph (3)(E)(iii) and inserting the fol
lowing:'
"(iii) as a commissioned officer on active duty in an
armed force of the United States, as a commissioned officer
in the National Oceanic and Atmospheric Administration,
or in other maritime-related employment with the Federal
Government which serves the national security interests
of the United States, as determined by the Secretary; or";
"(4)(A) If the Secretary determines that an individual who
has accepted the payment described in J)aragraph (1) for a minimum
of 2 academic years has failed to fulfill the part of the agreement
required by paragraph (1) and described in paragraph (3)(A), such
individual may be ordered by the Secretary of Defense to active
duty in the Armed Forces of the United States to serve for a
period of time not to exceed 2 years. In cases of hardship, as
determined by the Secretary, the Secretary may waive this provision
U(B) If the Secretary of Defense is unable or unwilling to order
H. R. 1588-404
United States, the Secretary
"(i) subject to clause (ii), may recover from the individual
the amount of student incentive payments, plus interest and
attorneys fees; and
"(ii) may reduce the amount to be recovered from such
individual to reflect partial performance of service obligations
and such other factors as the Secretary determines merit such
reduction.";
"(5)(A) If the Secretary determines that an individual has failed
to fulfill any part of the agreement required by paragraph (1),
as described in paragraph (3)(B), (C), (D), (E), or (F), such individual
may be ordered to active duty to serve a period of time not less
than 2 years and not more than the unexpired portion, as deter
mined by the Secretary, of the service required by paragraph (3)(E).
The Secretary, in consultation with the Secretary of Defense, shall
determine in which service the individual shall be ordered to active
duty to serve such period of time. In cases of hardship, as deter
mined by the Secretary, the Secretary may waive this provision
United States, the Secretary
"(i) subject to clause (ii), may recover from the individual
the amount of student incentive payments, plus interest and
attorneys fees; and
"(ii) may reduce the amount to be recovered from such
individual to reflect partial performance of service obligations
and such other factors as the Secretary determines merit such
reduction."; and
(7) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively, and inserting after paragraph (5) the
following:
"(6) To aid in the recovery of student incentive payments plus
interest and attorneys fees the Secretary may request the Attorney
General to begin court proceedings, and the Secretary may make
use of the Federal debt collection procedures in chapter 176 of
title 28, United States Code, and other applicable administrative
remedies.".
(e) AWARDS AND MEDALS.-Section 1306 of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1295e) is amended by adding
at the end the following:
"(d) AWARDS AND MEDALS.-The Secretary may establish and
maintain a medals and awards program to recognize distinguished
service, superior achievement, professional performance, and other
commendable achievement by personnel of the United States Mari
time Service.".
SEC. 3516. AUTHORITY TO CONVEY OBSOLETE VESSELS TO UNITED
STATES TERRITORIES AND FOREIGN COUNTRIES FOR
REEFING.
(a) DEADLINE FOR PREPARATION.-Paragraph (1) of section
3504(b) of the Bob Stump National Defense Authorization Act for
H. R. 1588-405
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2754; 16 U.S.C.
1220 note) is amended by striking "September 30, 2003," and
inserting "March 31, 2004,".
(b) GUIDANCE ON PRACTICES.-Such section is further
amended
(1) in paragraph (1), by inserting "guidance recommending"
after ''jointly develop";
(2) in paragraph (2), by inserting "guidance recommending"
before "environmental best management practices";
(3) in paragraph (3)-
(A) in subparagraph (A), by inserting "recommended"
after "include";
(B) by striking subparagraph (B) and inserting the
following new subparagraph (B):
"(B) promote consistent use of such practices nationwide;";
and
(C) in subparagraph (C), by striking "establish base
lines" and inserting "provide a basis"; and
(4) in paragraph (4), by striking "guidelines to be used
by" and inserting "guidance for".
(c) APPLICATIONS FOR PREPARATION OF VESSELS AS REEFS.
Such section is further amended
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new para
graph (5):
"(5) Not later than March 31, 2004, the Secretary of Transpor
tation, acting through the Maritime Administration, and the
Administrator of the Environmental Protection Agency shall jointly
establish an application process for governments of States, common
wealths, and United States territories and possession, and foreign
governments, for the preparation of vessels for use as artificial
reefs, including documentation and certification requirements for
that application process.".
SEC. 3517. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT PRO·
GRAM.
(a) AUTHORITY TO ENTER AGREEMENTS.
(1)· IN GENERAL.-'l'he Secretary of Transportation may
cariy out a pilot program under which the Secretary may
enter into an agreement with a contractor under chapter 531
of title 46, United States Code, as amended by this Act,
regarding maintenance and repair of a vessel that is subject
to an operating agreement under that chapter.
(2) LIMITATION.-The Secretary may not require a person
to enter into an agreement under this section, including as
a condition of awarding an operating agreement to the person
under chapter 531 of title 46, United States Code, as amended
by this Act.
(b) TERMS OF AGREEMENT.-An agreement under this section
(1) shall require that except as provided in subsection
(c), all qualified maintenance or repair on the vessel shall
be performed in the United States;
(2) shall require that the Secretary shall reimburse the
contractor in accordance with subsection (d) for the costs of
qualified maintenance or repair performed in the United States;
and
H. R. 1588-406
(3) shall apply to maintenance and repair performed during

the 5-year period beginning on the date the vessel begins oper
ating under the operating agreement under chapter 531 of
title 46, United States Code.
(c) EXCEPTION TO REQUIREMENT TO PERFORM WORK IN THE
UNITED STATES.-A contractor shall not be required to have quali
fied maintenance or repair work performed in the United States
under this section, if the Secretary determines that
(1) there is no facility in the United States available to
perform the work; or
(2) there is not available to the Secretary sufficient funds
to pay reimbursement under subsection (d) with respect to
the work.
(d) REIMBURSEMENT.
(1) IN GENERAL.-The Secretary shall, subject to the avail
ability of appropriations, reimburse a contractor for costs
incurred by the contractor for qualified maintenance or repair
performed in the United States under this section.
(2) AMOUNT.-The amount of reimbursement shall be equal
to 80 percent of the difference between
(A) the fair and reasonable cost of obtaining the quali
fied maintenance or repair in the United States; and
(B) the fair and reasonable cost of obtaining the quali
fied maintenance or repair outside the United States, in
the geographic region in which the vessel generally oper
ates.
(3) DETERMINATION OF FAIR AND REASONABLE COSTS.-The
Secretary shall determine fair and reasonable costs for purposes
of paragraph (2).
(e) NOTIFICATION REQUIREMENTS.
(1) NOTIFICATION BY CONTRACTOR.-The Secretary is not
required to pay reimbursement to a contractor under this sec
tion for qualified maintenance or repair, unless the contractor
(A) notifies the Secretary of the intent of the contractor
to obtain the qualified maintenance or repair, by not later
than 180 days before the date of the performance of the
qualified maintenance or repair; and
(B) includes in such notification
(i) a description of all qualified maintenance or
repair that the contractor should reasonably expect
may be performed;
(ii) an estimate of the cost of obtaining such quali
fied maintenance or repair in the United States; and
. (iii) an estimate of the cost of obtaining such quali
fied maintenance or repair outside the United States,
in the geographic region in which the vessel generally
operates.
(2) CERTIFICATION BY SECRETARY.-Not later than 60 days
after the date of receipt of notification under paragraph (1),
the Secretary shall certify to the contractor
(A) whether there is a facility in the United States
available to perform the qualified maintenance or repair
described in the notification by the contractor under para
graph (1); and
(B) whether there is available to the Secretary suffi
cient funds to pay reimbursement under subsection (d)
with respect to such work.
H. R. 1588--407
(f) QUALIFIED MAINTENANCE OR REPAIR DEFINED.-In this sec
tion the term "qualified maintenance or repair"
(1) except as provided in paragraph (2), means
(A) any inspection of a vessel that is
(i) required under chapter 33 of title 46, United
States Code; and
(ii) performed in the period in which the vessel
is subject to an agreement under this section; and
(B) any maintenance or repair of a vessel that is deter
mined, in the course of an inspection referred to in subpara
graph (A), to be necessary to comply with the laws of
the United States; and
(2) does not include
(A) routine maintenance or repair; or
(B) any emergency work that is necessary to enable
a vessel to return to a port in the United States.
(g) ANALYSIS.
(1) IN GENERAL.-Not later than October 1, 2004, the Sec
retary of Transportation shall submit to the Committee on
Armed Services of the House of Representatives and the Com
mittee on Armed Services and the Committee on Commerce,
Science, and Transportation of the Senate, an analysis of the
need for agreements authorized by this section.
(2) CONDUCT AND CONSIDERATIONS.-In conducting the
analysis, the Secretary shall consider the overall costs and
benefits of the pilot program, including the following:
(A) The impact on operations of vessels in the program.
(B) The availability of repair shipyards and drydocks
in the various regions of the United States (as that term
is defined in such chapter) that are capable of handling
such vessels that are ocean-going vessels.
(C) The experience of such shipyards in repairing the
types of such vessels.
(D) A comparison of drydock and repair costs between
available United States and foreign shipyards located
within the geographic range of the trading area of such
vessels.
(E) A comparison of the time period required for the
drydocking and repair of such vessels between available
United States shipyards and foreign shipyards.
(F) The impact of the voyage deviation of such vessels
to United States shipyards.
(G) The benefits to the Department of Defense of
having a vessel repair base in the United States to accel
erate the activation of the Ready Reserve Fleet.
(H) The benefits of extending the program to all vessels
that are subject to operating agreements under chapter
531 of title 46, United States Code, as amended by this
Act.
(3) RECOMMENDATIONS.-The Secretary shall include in the
analysis recommendations of any additional incentives that
are necessary to encourage participation in the program.
(h) AUTHORIZATION OF APPROPRIATIONs.-In addition to the
other amounts authorized by this subtitle, for reimbursement of
costs of qualified maintenance or repair under this section there
is authorized to be appropriated to the Secretary of Transportation
$19,500,000 for each of fiscal years 2006 through 2011.
H. R. 1588--408
Subtitle B-Amendments to Title XI Loan
Guarantee Program.
SEC. 3521. EQUITY PAYMENTS BY OBLIGOR FOR DISBURSEMENT PRIOR

TO TERMINATION OF ESCROW AGREEMENT.
(a) IN GENERAL.-Section 1108 of the Merchant Marine Act,
1936 (46 U.S.C. App. 1279a) is amended by adding at the end
the following:
"(g) PAYMENTS REQUIRED BEFORE DISBURSEMENT.
"(1) IN GENERAL.-No disbursement shall be made under
subsection (b) to any person until the total amount paid by
or for the account of the obligor from sources other than the
proceeds of the obligation equals at least 25 percent or 12%
percent, whichever is applicable under section 1104A, of the
aggregate actual cost of the vessel, as previously approved
by the Secretary. If the aggregate actual cost of the vessel
has increased since the Secretary's initial approval or if it
increases after the first disbursement is permitted under this
subsection, then no further disbursements shall be made under
subsection (b) until the total amount paid by or for the account
of the obligor from sources other than the proceeds of the
obligation equals at least 25 percent or 12% percent, as
applicable, of the increase, as determined by the Secretary,
in the aggregate actual cost of the vessel. Nothing in this
paragraph shall require the Secretary to consent to finance
any increase in actual cost unless the Secretary determines
that such an increase in the obligation meets all the terms
and conditions of this title or other applicable law.
"(2) DOCUMENTED PROOF OF PROGRESS REQUIREMENT.-The
Secretary shall, by regulation, establish a transparent, inde
J)endent, and risk-based process for verifying and documenting
the progress of projects under construction before disbursing
guaranteed loan funds. At a minimum, the process shall require
documented proof of progress in connection with the construc
tion, reconstruction, or reconditioning of a vessel or vessels
before disbursements are made from the escrow fund. The
Secretary may require that the obligor provide a certificate
from an independent party certifying that the requisite progress
in construction, reconstruction, or reconditioning has taken
elace.".
(b) DEFINITION OF ACTUAL COsT.-Section 1101(f) of the Mer
chant Marine Act, 1936 (46 U.S.C. App. 1271(f)) is amended to
read as follows:
"(f) ACTUAL COST DEFINED.-The term 'actual cost' means the
sum of
"(1) all amounts paid by or for the account of the obligor
as of the date on which a determination is made under section
1108(g)(1); and
"(2) all amounts that the Secretary reasonably estimates
that the obligor will become obligated to pay from time to
time thereafter, for the construction, reconstruction, or recondi
tioning of the vessel, including guarantee fees that will become
payable under section 1104A(e) in connection with all obliga
tions issued for construction, reconstruction, or reconditioning
of the vessel or equipment to be delivered, and all obligations
issued for the delivered vessel or equipment.".
H. R. 1588--409
SEC. 3522. WAIVERS OF PROGRAM REQUIREMENTS.
Section l104A(d) of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1274(d» is amended by redesignating paragraph (4) as para
graph (5), and inserting after paragraph (3) the following:
"(4) The Secretary shall promulgate regulations concerning
circumstances under which waivers of or exceptions to other
wise applicable regulatory requirements concerning financial
condition can be made. The regulations shall require that
"(A) the economic soundness requirements set forth
in paragraph (l)(A) of this subsection are met after the
waiver of the financial condition requirement; and
"(B) the waiver shall provide for the imposition of
other requirements on the obligor designed to compensate
for the increased risk associated with the obligor's failure
to meet regulatory requirements applicable to financial
condition.".
SEC. 3523. PROJECT MONITORING.
(a) PROJECT MONITORING.-Section l104A of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1274) is amended by adding
"(k) MONITORING.-The Secretary shall monitor the financial
conditions and operations of the obligor on a regular basis during
the term of the guarantee. The Secretary shall document the results
of the monitoring on an annual or quarterly basis depending upon
the condition of the obligor. If the Secretary determines that the
financial condition of the obligor warrants additional protections
to the Secretary, then the Secretary shall take appropriate action
under subsection (m) of this section. If the Secretary determines
that the financial condition of the obligor jeopardizes its continued
ability to perform its responsibilities in connection with the guar
antee of obligations b>, the Secretary, the Secretary shall make
an immediate determmation whether default should take place
and whether further measures described in subsection (m) should
be taken to protect the interests of the Secretary while insuring
that program objectives are met.".
(b) SEPARATION OF DUTIES AND OTHER REQUIREMENTs.-Section
l104A of the Merchant Marine Act, 1936 (46 U.S.C. App. 1274),
as amended by subsection (a), is further amended by adding at
the end the following:
"(1) REVIEW OF APPLlCATIONS.-No commitment to guarantee,
or guarantee of, an obligation shall be made by the Secretary
unless the Secretary certifies that a full and fair consideration
of all the regulatory requirements, including economic soundness
and financial requirements applicable to obligors and related par
ties, and a thorough assessment of the technical, economic, and
financial aspects of the loan application has been made.
"(m) AGREEMENT WITH OBLIGOR.-The Secretary shall include
provisions in loan agreements with obligors that provide additional
authority to the Secretary to take action to limit potential losses
in connection with defaulted loans or loans that are in jeopardy
due to the deteriorating financial condition of obligors. Provisions
that the Secretary shall include in loan agreements include require
ments for additional collateral or greater equity contributions that
are effective upon the occurrence of verifiable conditions relating
to the obligors fmancial condition or the status of the vessel or
shipyard project.".
H. R. 1588-410
SEC. 8524. DEFAULTS.

Section 1105 of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1275) is amended by adding at the end the following:
"(f) DEFAULT RESPONSE.-In the event of default on an obliga
tion, the Secretary shall conduct operations under this title in
a manner which
"(1) maximizes the net present value return from the sale
or disposition of assets associated with the obligation, including
prompt referral to the Attorney General for collection as appro
priate;
"(2) minimizes the amount of any loss realized in the resolu
tion of the guarantee;
"(3) ensures adequate competition and fair and consistent
treatment of offerors; and
"(4) requires appraisal of assets by an independent
appraiser.".
SEC. 8525. DECISION PERIOD.
Section 1104A of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1274), as amended by section 3523, is amended by adding
"(n) DECISION PERIOD.
"(1) IN GENERAL.-The Secretary of Transportation shall
approve or deny an application for a loan guarantee under
this title within 270 days after the date on which the signed
application is received !>y the Secretary.
"(2) EXTENSION.-Upon request by an applicant, the Sec
retary may extend the 270-day period in paragraph (1) to
a date not later than 2 years after the date on which the
signed application for the loan guarantee was received by the
Secretary.".
SEC. 8526. LOAN GUARANTEES.
Section 1104A of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1274) is amended
(1) by striking subsection (d)(5); and
(2) in subsection (f)
(A) by striking "(including for obtaining independent
analysis under subsection (d)(4»";
(B) by inserting "(1)" after "(f)"; and
(C) by adding at the end the following:
"(2) The Secretary may make a determination that aspects
of an application under this title require independent analysis to
be conducted by third party experts due to risk factors associated
with markets, technology, financial structures, or other risk factors
identified by the Secretary. Anr independent analysis conducted
pursuant to this provision shal be performed by a party chosen
by the Secretary.
"(3) Notwithstanding any other provision of this title, the Sec
retary may make a determination that an application under this
title requires additional equity because of increased risk factors
associated with markets, technology, fmancial structures, or other
risk factors identified by the Secretary.
"(4) The Secretary may charge and collect fees to cover the
costs of independent analysis under paragraph (2). Notwithstanding
section 3302 of title 31, United States Code, any fee collected
under this paragraph shall
H. R. 1588-411
"(A) be credit as an offsetting collection to the account

that finances the administration of the loan guarantee program;
"(B) shall be available for expenditure only to pay the
costs of activities and services for which the fee is imposed;
and
"(C) shall remain available until expended.".
SEC. 3527. ANNUAL REPORT ON PROGRAM.
The Secretary of Transportation shall report to Congress
annually on the loan guarantee program under title XI of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.). The
reports shall include
(1) the size, in dollars, of the portfolio of loans guaranteed;
(2) the size, in dollars, of projects in the portfolio facing
financial difficulties;
(3) the number and type of projects covered;
(4) a profIle of pending loan applications;
(5) the amount of appropriations available for new guaran
tees;
(6) a profile of each project approved since the last report;
and
(7) a profIle of any defaults since the last report.
SEC. 3528. REVIEW OF PROGRAM.
(a) IN GENERAL.-The Secretary of Transportation shall conduct
a comprehensive assessment of the human capital and other
resource needs in connection with the title XI loan guarantee pro
gram under the Merchant Marine Act, 1936 (46 U.S.C. App. 1271
et seq.). In connection with this assessment, the Secretary shall
develop an organizational framework for the program offices that
insures that a clear sellaration of duties is established among
the loan application, project monitoring, and default management
functions.
(b) PROGRAM ENHANCEMENTS.
(1) Section 1103(h)(1) of the Merchant Marine Act, 1936
(46 U.S.C. App. 1273(h)(1)) is amended
(A) by striking "subsection" in subparagraph (A) and
inserting "subsection, and update annually,";
(B) by inserting "annually" before "determine" in
subparagraph (B);
(C) by striking "and" after the semicolon in subpara
graph (A);
(D) by striking "category." in subparagraph (B) and
inserting "category; and"; and
(E) by adding at the end the following:
"(C) ensure that each risk category is comprised of
loans that are relatively homogeneous in cost and share
characteristics predictive of defaults and other costs, given
the facts known at the time of obligation or commitment,
using a risk category system that is based on historical
analysis of program data and statistical evidence con
cerning the likely costs of defaults or other costs that
expected to be associated with the loans in the category.".
(2) Section 1103(h)(2)(A) of that Act (46 U.S.C. App.
1273(h)(2)(A)) is amended by inserting "and annually for
projects subject to a guarantee," after "obligation,".
(3) Section 1103(h)(3) of that Act (46 U.S.C. App. 1273(h)(3))
is amended by adding at the end the following:
H. R. 1588---412
"(K) A risk factor for concentration risk reflecting the
risk presented by an unduly large percentage of loans
outstanding by any 1 borrower or group of affiliated bor
rowers.".
(c) REPORT.-The Secretary shall report to the Committee on
Armed Services and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed Services
of the House of Representatives on the results of the development
of an organizational framework under subsection (a) by January
2,2004.
Subtitle C-Maritime Security Fleet

SEC. 3531. ESTABLISHMENT OF MARITIME SECURITY FLEET.
(a) IN GENERAL.-Title 46, United States Code, is amended
by inserting before subtitle VI the following new subtitle:
"Subtitle V-Merchant Marine
"Chap. Sec.
"531. Maritime Security Fleet 53101
"CHAPTER 531-MARITIME SECURITY FLEET
"Sec.
"53101. Definitions.
"53102. Establishment of Maritime Security Fleet.
"53103. Award of operating agreements.
"53104. Effectiveness of operating agreements.
"53105. Obligations and rights under operating agreements.
"53106. Payments.
"53107. National security requirements.
"53108. Regulatory relief.
"53109. Special role regarding age of participating fleet vessel.
"53110. Regulations.
"53111. Authorization of appropriations.
"§ 53101. Definitions

"In this chapter:
"(1) BULK CARGO.-The term 'bulk cargo' means cargo that
is loaded and carried in bulk without mark or count.
"(2) CONTRACTOR.-The term 'contractor' means an owner
or operator of a vessel that enters into an operating agreement
for the vessel with the Secretary under section 53103.
"(3) FLEET.-The term 'Fleet' means the Maritime Security
Fleet established under section 53102(a).
"(4) FOREIGN COMMERCE.-The term 'foreign commerce'
"(A) subject to subparagraph (B), means
"(i) commerce or trade between the United States,
its territories or possessions, or the District of
Columbia, and a foreign country; and
"(ii) commerce or trade between foreign countries;
and
"(B) includes, in the case of liquid and dry bulk cargo
carrying services, trading between foreign ports in accord
ance with normal commercial bulk shipping practices in
such manner as will permit United States-documented ves
sels freely to compete with foreign-flag bulk carrying ves
sels in their operation or in competing for charters, subject
to rules and regulations promulgated by the Secretary of
H. R. 1588-413
Transportation pursuant to this chapter or subtitle D of
the Maritime Security Act of 2003.
"(5) LASH VESSEL.-The term 'LASH vessel' means a
lighter aboard ship vessel.
"(6) PARTICIPATING FLEET VESSEL.-The term 'participating
fleet vessel' means any vessel that
"(A) on October 1, 2005
"(i) meets the requirements of paragraph (1), (2),
(3), or (4) of section 53102(c); and
"(ii) is less than 25 years of age, or less than
30 years of age in the case of a LASH vessel; and
"(B) on December 31,2004, is covered by an operating
agreement under subtitle B of title VI of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1187 et seq.).
"(7) PERSON.-The term 'person' includes corporations, part
nerships, and associations existing under or authorized by the
laws of the United States, or any State, Territory, District,
or possession thereof, or of any foreign country.
"(8) PRODUCT TANK VESSEL.-The term 'product tank vessel'
means a double hulled tank vessel capable of carrying simulta
neously more than 2 separated grades of refined petroleum
products.
"(9) SECRETARY.-The term 'Secretary' means the Secretary
of Transportation.
"(10) TANK VESSEL.-The term 'tank vessel' has the
meaning that term has under section 2101 of this title.
"(11) UNITED STATES.-The term 'United States' includes
the District of Columbia, the Commonwealth of Puerto Rico,
the Northern Mariana Islands, Guam, American Samoa, the
Virgin Islands.
"(12) UNITED STATES CITIZEN TRUST.-(A) Subject to
subparagraph (C), the term 'United States citizen trust' means
a trust that is qualified under this paragraph.
"(B) A trust is qualified under this paragraph with respect
to a vessel only if
"(i) each of the trustees is a citizen of the United
States; and
"(ii) the application for documentation of the vessel
under chapter 121 of this title includes the affidavit of
each trustee stating that the trustee is not aware of any
reason involving a beneficiary of the trust that is not
a citizen ofthe United States, or involving any other person
that is not a citizen of the United States, as a result
of which the beneficiary or other person would hold more
than 25 percent of the aggregate power to influence or
limit the exercise of the authority of the trustee with
respect to matters involving any ownership or operation
of the vessel that may adversely affect the interests of
the United States.
"(C) If any person that is not a citizen of the United
States has authority to direct or participate in directing a
trustee for a trust in matters involving any ownership or oper
ation of the vessel that may adversely affect the interests
of the United States or in removing a trustee for a trust
without cause, either directly or indirectly through the control
of another person, the trust is not qualified under this para
graph unless the trust instrument provides that persons who
H. R. 1588-414
are not citizens of the United States may not hold more than
25 percent of the aggregate authority to so direct or remove
a trustee.
"(D) This paragraph shall not be considered to prohibit
a person who is not a citizen of the United States from holding
more than 25 percent of the beneficial interest in a trust.
"(13) UNITED STATES-DOCUMENTED VESSEL.-The term
'United States-documented vessel' means a vessel documented
under chapter 121 ofthis title.
~~§ 53102. Establishment of Maritime Security Fleet
"(a) IN GENERAL.-The Secretary of Transportation, in consulta
tion with the Secretary of Defense, shall establish a fleet of active,
commercially viable, militarily useful, privately owned vessels to
meet national defense and other security requirements and main
tain a United States presence in international commercial shipping.
The Fleet shall consist of privately owned, United States-docu
mented vessels for which there are in effect operating agreements
under this chapter, and shall be known as the Maritime Security
Fleet.
"(b) VESSEL ELIGIBIUTY.-A vessel is eligible to be included
in the Fleet if
"(1) the vessel meets the requirements of paragraph (1),
(2), (3), or (4) of subsection (c);
"(2) the vessel is operated (or in the case of a vessel
to be constructed, will be operated) in providing transportation
in foreign commerce;
"(3) the vessel is self-propelled and is
"(A) a roll-on/roll-off vessel with a carrying capacity
of at least 80,000 square feet or 500 twenty-foot equivalent
units and that is 15 years of age or less on the date
the vessel is included in the Fleet;
"(B) a tank vessel that is constructed in the United
States after the date of the enactment of this chapter;
"(C) a tank vessel that is 10 years of age or less
on the date the vessel is included in the Fleet;
"(D) a LASH vessel that is 25 years of age or less
on the date the vessel is included in the Fleet; or
. "(E) any other type of vessel that is 15 years of age
or less on the date the vessel is included in the Fleet;
"(4) the vessel is
"(A) determined by the Secretary of Defense to be
suitable for use by the United States for national defense
or military purposes in time of war or national emergency;
and
"(B) determined by the Secretary to be commercially
viable; and
"(5) the vessel
"(A) is a United States-documented vessel; or
"(B) is not a United States-documented vessel, but-
"(i) the owner of the vessel has demonstrated an

intent to have the vessel documented under chapter
121 of this title if it is included in the Fleet; and
"(ii) at the time an operating agreement for the
vessel is entered into under this chapter, the vessel
is eligible for documentation under chapter 121 of this
title.
H. R. 1588--415
"(c) REQUIREMENTS REGARDING CITIZENSHIP OF OWNERS,
CHARTERERS, AND OPERATORS.
"(1) VESSEL OWNED AND OPERATED BY SECTION 2 CITIZENS.
A vessel meets the requirements of this paragraph if, during
the period of an operating agreement under this chapter that
applies to the vessel, the vessel will be owned and operated
by one or more persons that are citizens of the United States
under section 2 of the Shipping Act, 1916 (46 U.S.C. App.
802).
"(2) VESSEL OWNED BY SECTION 2 CITIZEN OR UNITED STATES
CITIZEN TRUST, AND CHARTERED TO DOCUMENTATION CITIZEN.
A vessel meets the requirements of this paragraph if
"(A) during the period of an operating agreement under
this chapter that applies to the vessel, the vessel will
be
"(i) owned by a person that is a citizen of the
United States under section 2 of the Shipping Act,
1916 (46 U.S.C. App. 802) or that is a United States
citizen trust; and
"(ii) demise chartered to a person
"(I) that is eligible to document the vessel
under chapter 121 of this title;
"(II) the chairman of the board of directors,
chief executive officer, and a majority of the mem
bers of the board of directors of which are citizens
of the United States under section 2 of the Ship
ping Act, 1916 (46 U.S.C. App. 802), and are
appointed and subjected to removal only upon
approval by the Secretary; and
"(III) that certifies to the Secretary that there
are no treaties, statutes, regulations, or other laws
that would prohibit the contractor for the vessel
from performing its obligations under an operating
agreement under this chapter;
"(B) in the case of a vessel that will be demise chartered
to a person that is owned or controlled by another person
that is not a citizen of the United States under section
2 of the Shipping Act, 1916 (46 U.S.C. App. 802), the
other person enters into an agreement with the Secretary
not to influence the operation of the vessel in a manner
that will adversely affect the interests of the United States;
and
"(C) the Secretary and the Secretary of Defense notify
the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Armed Services of the House of Rep
rese,ntatives that they concur with the certification required
under subparagraph (A)(ii)(III), and have reviewed and
agree that there are no other legal, operational, or other
impediments that would prohibit the contractor for the
vessel from performing its obligations under an operating
agreement under this chapter.
"(3) VESSEL OWNED AND OPERATED BY DEFENSE CON
TRACTOR.-A vessel meets the requirements of this paragraph
if
H. R. 1588--416
"(A) during the period of an operating agreement under

this chapter that applies to the vessel, the vessel will
be owned and operated by a person that
"(i) is eligible to document a vessel under chapter
121 of this title;
"(ii) operates or manages other United States-docu
mented vessels for the Secretary of Defense, or charters
other vessels to the Secretary of Defense;
"(iii) has entered into a special security agreement
for purposes of this paragraph with the Secretary of
Defense;
"(iv) makes the certification described in paragraph
.(2)(A)(ii)(IIl); and
"(v) in the case of a vessel described in paragraph
(2)(B), enters into an agreement referred to in that
paragraph; and
"(B) the Secretary and the Secretary of Defense notify
the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Armed Services of the House of Rep
resentatives that they concur with the certification required
under subparagraph (A)(iv), and have reviewed and agree
that there are no other legal, operational, or other impedi
ments that would prohibit the contractor for the vessel
from performing its obligations under an operating agree
ment under this chapter.
"(4) VESSEL OWNED BY DOCUMENTATION CITIZEN AND CHAR
TERED TO SECTION 2 CITIZEN.-A vessel meets the requirements

of this paragraph if, during the period of an operating agree
ment under this chapter that applies to the vessel, the vessel
will be
"(A) owned by a person that is eligible to document
a vessel under chapter 121 of this title; and
"(B) demise chartered to a person that is a citizen
of the United States under section 2 of the Shipping Act,
1916 (46 U.S.C. App. 802).
"(d) REQUEST BY SECRETARY OF DEFENSE.-The Secretary of
Defense shall request the Secretary of Homeland Security to issue
any waiver under the first section of Public Law 81-891 (64 Stat.
1120; 46 U.S.C. App. note prec. 3) that is necessary for .purposes
ofthis chapter.
"(e) VESSEL STANDARDS.
"(1) CERTIFICATE OF INSPECTIQN.-A vessel used to provide
oceangoing transportation which the Secretary of the depart
ment in which the Coast Guard is operating determines meets
the criteria of subsection (b) of this section but which, on
the date of enactment of the Maritime Security Act of 2003,
is not a documented vessel (as that term is defined in section
12101 of this title) shall be eligible for a certificate of inspection
ifthe Secretary determines that
"(A) the vessel is classed by and designed in accordance
with the rules of the American Bureau of Shipping, or
another classification society accepted by the Secretary;
"(B) the vessel complies with applicable international
agreements and associated guidelines, as determined by
H. R. 1588-417
the country in which the vessel was documented imme
diately before becoming a documented vessel (as defined
in that section); and .
"(C) that country has not been identified by the Sec
retary as inadequately enforcing international vessel regu
lations as to that vessel.
"(2) CONTINUED ELIGIBILITY FOR CERTIFICATE.-Paragraph
(1) does not apply to a vessel after any date on which the
vessel fails to comply with the applicable international agree
ments and associated guidelines referred to in paragraph (1)(B).
"(3) RELIANCE ON CLASSIFICATION SOCIETY.
"(A) IN GENERAL.-The Secretary may rely on a certifi
cation from the American Bureau of Shipping or, subject
to subparagraph (B), another classification society accepted
by the Secretary to establish that a vessel is in compliance
with the requirements of paragraphs (1) and (2).
"(B) FOREIGN CLASSIFICATION SOCIETY.-The Secretary
may accept certification from a foreign classification society
under subparagraph (A) only
"(i) to the extent that the government of the foreign
country in which the society is headquartered provides
access on a reciprocal basis to the American Bureau
of Shipping; and
"(ii) if the foreign classification society has offices
and maintains records in the United States.
"(f) WAIVER OF AGE RESTRICTION.-The Secretary of Defense,
in conjunction with the Secretary of Transportation, may waive
the application of an age restriction under subsection (b)(3) if the
Secretaries jointly determine that the waiver
"(1) is in the national interest;
"(2) is appropriate to allow the maintenance of the economic
viability of the vessel and any associated operating network;
and
"(3) is necessary due to the lack of availability of other
vessels and operators that comply with the requirements of
this chapter.
"§ 53103. Award of operating agreements
"(a) IN GENERAL.-The Secretary shall require, as a condition
of including any vessel in the Fleet, that the person that is the
owner or operator of the vessel for purposes of section 53102(c)
enter into an operating agreement with the Secretary under this
section.
"(b) PROCEDURE FOR APPLICATIONS.
"(1) ACCEPTANCE OF APPLICATIONs.-Beginning no later
than 30 days after the effective date of this chapter, the Sec
retary shall accept applications for enrollment of vessels in
the Fleet.
"(2) ACTION ON APPLICATIONS.-Within 90 days after receipt
of an application for enrollment of a vessel in the Fleet, the
Secretary shall approve the application in conjunction with
the Secretary of Defense, and shall enter into an operating
agreement with the applicant, or provide in writing the reason
for denial of that application.
"(3) PARTICIPATING FLEET VESSELS.
"(A) IN GENERAL.-The Secretary shall accept an
application for an operating agreement for a participating
H.R.158~18
fleet vessel under the priority under subsection (c)(1)(B)

only from a person that has authority to enter into an
operating agreement for the vessel with respect to the
full term of the operating agreement.
"(B) VESSEL UNDER DEMISE CHARTER.-For purposes
of subparagraph (A), in the case of a vessel that is subject
to a demise charter that terminates by its terms on Sep
tember 30, 2005 (without giving effect to any extension
provided therein for completion of a voyage or to effect
the actual redelivery of the vessel), or that is terminable
at will by the owner of the vessel after such date, only
the owner of the vessel shall be treated as having the
authority referred to in paragraph (1).
"(C) VESSEL OWNED BY UNITED STATES CITIZEN TRUST.
For purposes of subparagraph (B), in the case of a vessel
owned by a United States citizen trust, the term 'owner
of the vessel' includes a beneficial owner of the vessel
with respect to such trust.
"(c) PRIORITY FOR AWARDING AGREEMENTS.
"(1) IN GENERAL.-Subject to the availability of appropria
tions, the Secretary shall enter into operating agreements
according to the following priority:
"(A) NEW TANK VESSELS.-First, for any tank vessel
that
"(i) is constructed in the United States after the
effective date of this chapter;
"(ii) is eligible to be included in the Fleet under
section 53102(b); and
"(iii) during the period of an operating agreement
under this chapter that applies to the vessel, will be
owned and operated by one or more persons that are
citizens of the United States under section 2 of the
Shipping Act, 1916 (46 U.S.C. App. 802),
except that the Secretary shall not enter into operating
agreements under this subparagraph for more than 5 such
vessels.
"(B) PARTICIPATING FLEET VESSELs.-Second, to the
extent amounts are available after applying subparagraphs
(A); for any participating fleet vessel, except that the Sec
retary shall not enter into operating agreements under
this subparagraph for more than 47 vessels.
"(C) CERTAIN VESSELS OPERATED BY SECTION 2 CITI
ZENs.-Third, to the extent amounts are available after
applying subparagraphs (A) and (B), for any other vessel
that is eligible to be included in the Fleet under section
53102(b), and that, during the period of an operating agree
ment under this chapter that applies to the vessel, will
be
"(i) owned and operated by one or more persons
that are citizens of the United States under section
2 of the Shipping Act, 1916 (46 U.S.C. App. 802);
or
"(ii) owned by a person that is eligible to document
the vessel under chapter 121 of this title, and operated
by a person that is a citizen of the United States
under section 2 of the Shipping Act, 1916 (46 U.S.C.
App.802).
H. R. 1588-419
"(D) OTHER ELIGIBLE VESSELS.-Fourth, to the extent
amounts are available after applying subparagraphs (A),
(B), and (C), for any other vessel that is eligible to be
included in the Fleet under section 53102(b).
"(2) REDUCTION IN NUMBER OF SLOTS FOR PARTICIPATING
FLEET VESSELS.-The number in paragraph (l)(B) shall be
reduced by 1
"(A) for each participating fleet vessel for which an
application for enrollment in the Fleet is not received by
the Secretary within the 90-day period beginning on the
effective date of this chapter; and
"(B) for each participating fleet vessel for which an
application for enrollment in the Fleet received by the
Secretary is not approved by the Secretary and the Sec
retary of Defense within the 90-day period beginning on
the date of such receipt.
"(3) DISCRETION WITHIN PRIORITY.-The Secretary
"(A) subject to subparagraph (B), may award operating
agreements within each priority under paragraph (1) as
the Secretary considers appropriate; and
"(B) shall award operating agreement within a
priority
"(i) in accordance with operational requirements
specified by the Secretary of Defense;
"(ii) in the case of operating agreements awarded
under subparagraph (C) or (D) of paragraph (1),
according to applicants' records of owning and oper
ating vessels; and
"(iii) subject to the approval of the Secretary of
Defense.
"(4) TREATMENT OF TANK VESSEL TO BE REPLACED.-(A)
For purposes of the application of paragraph (1)(A) with respect
to the award of an operating agreement, the Secretary may
treat an existing tank vessel that is eligible to be included
in the Fleet under section 53102(b) as a vessel that is con
structed in the United States after the effective date of this
chapter, if
"(i) a binding contract for construction in the United
States of a replacement vessel to be operated under the
operating agreement is executed by not later than 9 months
after the first date amounts are available to carry out
this chapter; and
"(ii) the replacement vessel is eligible to be included
in the Fleet under section 53102(b).
"(B) No payment under this chapter may be made for
an existing tank vessel for which an operating agreement is
awarded under this paragraph after the earlier of
"(i) 4 years after the first date amounts are available
to carry out this chapter; or
"(ii) the date of delivery of the replacement tank vessel.
"(d) LIMITATION.-The Secretary may not award operating
agreements under this chapter that require payments under section
53106 for a fiscal year for more than 60 vessels.
"§ 53104. Effectiveness of operating agreements
"(a) EFFECTIVENESS, GENERALLY.-The Secretary may enter
into an operating agreement under this chapter for fiscal year
H. ,R. 1588-420
2006. Except as provided in subsection (b), the agreement shall
be effective only for 1 fiscal year, but shall be renewable, subject
to the availability of appropriations, for each subsequent fiscal
year through the end of fiscal year 2015.
"(b) VESSELS UNDER CHARTER TO UNITED STATES.-Unless an
earlier date is requested by the applicant, the effective date for
an operating agreement with respect to a vessel that is, on the
date of entry into an operating agreement, on charter to the United
States Government, other than a charter pursuant to an Emergency
Preparedness Agreement under section 53107, shall be the expira
tion or termination date of the Government charter covering the
vessel, or any earlier date the vessel is withdrawn from that charter.
"(c) TERMINATION.
"(1) TERMINATION BY SECRETARY.-If the contractor with
respect to an operating agreement materially fails to comply
with the terms of the agreement
"(A) the Secretary shall notify the contractor and pro
vide a reasonable opportunity to comply with the operating
agreement;
"(B) the Secretary shall terminate the operating agree
ment if the contractor fails to achieve such compliance;
and
"(C) upon such termination, any funds obligated by
the agreement shall be available to the Secretary to carry
out this chapter.
"(2) EARLY TERMINATION BY CONTRACTOR, GENERALLY.
An operating agreement under this chapter shall terminate
on a date specified by the contractor if the contractor notifies
the Secretary, by not later than 60 days before the effective
date of the termination, that the contractor intends to terminate
the agreement.
"(3) EARLY TERMINATION BY CONTRACTOR, WITH AVAILABLE
REPLACEMENT.-An operating a~eement under this chapter
shall terminate upon the expiratIOn of the 3-year period begin
ning on the date a vessel begins operating under the agreement,
if
"(A) the contractor notifies the Secretary, by not later
than 2 years after the date the vessel begins operating
under the agreement, that the contractor intends to termi
nate the agreement under this paragraph; and
"(B) the Secretary, in conjunction with the Secretary
of Defense, determines that
"(i) an application for an operating agreement
under this chapter has been received for a replacement
vessel that is acceptable to the Secretaries; and
"(ii) during the period of an operating agreement
under this chapter that applies to the replacement
vessel, the replacement vessel will be
"(1) owned and operated by one or more per
sons that are citizens of the United States under
section 2 of the Shipping Act, 1916 (46 U.S.C.
App. 802); or
"(II) owned by a person that is eligible to
document the vessel under chapter 121 of this
title, and operated by a person that is a citizen
of the United States under section 2 of the Ship
ping Act, 1916 (46 U.S.C. App. 802).
H. R. 1588---421
"(d) NONRENEWAL FOR LACK OF FUNDS.-If, by the first day
of a fiscal year, sufficient funds have not been appropriated under
the authority provided by this chapter for that fiscal year, then
the Secretary shall notify the Committee on Armed Services and
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Armed Services of the House of
Representatives that operating agreements authorized under this
chapter for which sufficient funds are not available will not be
renewed for that fiscal year if sufficient funds are not appropriated
by the 60th day of that fiscal year.
"(e) RELEASE OF VESSELS FROM OBUGATIONS.-If an operating
agreement under this chapter is terminated under subsection (c)(3),
or if funds are not appropriated for payments under an operating
agreement under this chapter for any fiscal year by the 60th day
of that fiscal year, then
"(1) each vessel covered by the operating agreement is
thereby released from any further obligation under the oper
ating agreement;
"(2) the owner or operator of the vessel may transfer and
register such vessel under a foreign registry that is acceptable
to the Secretary of Transportation and the Secretary of Defense,
notwithstanding section 9 of the Shipping Act, 1916 (46 U.S.C.
App. 808); and
"(3) if section 902 of the Merchant Marine Act, 1936 (46
U.S.C. App. 1242) is applicable to such vessel after registration
of the vessel under such a registry, then the vessel is available
to be requisitioned by the Secretary of Transportation pursuant
to section 902 of such Act.
"§ 53105. Obligations and rights under operating agreements
"(a) OPERATION OF VESSEL.-An operating agreement under
this chapter shall require that, during the period a vessel is oper
ating under the agreement
"(1) the vessel
"(A) shall be operated exclusively in the foreign com
merce or in mixed foreign commerce and domestic trade
allowed under a registry endorsement issued under section
12105 of this title; and
. "(B) shall not otherwise be operated in the coastwise
trade; and
"(2) the vessel shall be documented under chapter 121
of this title.
"(b) ANNuAL PAYMENTS BY SECRETARY.

"( 1) IN GENERAL.-An operating agreement under this
chapter shall require, subject to the availability of appropria
tions, that the Secretary make a payment each fiscal year
to the contractor in accordance with section 53106.
"(2) OPERATING AGREEMENT IS OBLIGATION OF UNITED
STATES GOVERNMENT.-An operating agreement under this
chapter constitutes a contractual obligation of the United States
Government to pay the amounts provided for in the agreement
to the extent of actual appropriations.
"(c) DOCUMENTATION REQUIREMENT.-Each vessel covered by
an operating agreement (including an agreement terminated under
section 53104(c)(2)) shall remain documented under chapter 121
of this title, until the date the operating agreement would terminate
according to its terms.
H. R. 1588-422
"(d) NATIONAL SECURITY REQUIREMENTS.
"(1) IN GENERAL.-A contractor with respect to an operating
agreement (including an agreement terminated under section
53104(c)(2)) shall continue to be bound by the provisions of
section 53107 until the date the operating agreement would
terminate according to its terms.
"(2) EMERGENCY PREPAREDNESS AGREEMENT.-All terms
and conditions of an Emergency Preparedness Agreement
entered into under section 53107 shall remain in effect until
the date the operating agreement would terminate according
to its terms, except that the terms of such Emergency Prepared
ness Agreement may be modified by the mutual consent of
the contractor, the Secretary of Transportation, and the. Sec
retary of Defense.
"(e) TRANSFER OF OPERATING AGREEMENTS.-A contractor under
an operating agreement may transfer the agreement (including
all rights and obligations under the agreement) to any person
that is eligible to enter into that operating agreement under this
chapter, if the transfer is approved by the Secretary and the Sec
retary of Defense.
"(D REPLACEMENT VESSEL.-A contractor may replace a vessel
under an operating agreement with another vessel that is· eligible
to be included in the Fleet under section 53102(b), if the Secretary,
in conjunction with the Secretary of Defense, approve replacement
of the vessel.
"§ 53106. Payments
"(a) ANNuAL PAYMENT.
"(1) IN GENERAL.-The Secretary, subject to the availability
of appropriations and the other provisions of this section, shall
pay to the contractor for an operating agreement, for each
vessel that is covered by the operating agreement, an amount
equal to-
"(A) $2,600,000 for each of fiscal years 2006, 2007,
and 2008;
"(B) $2,900,000, for each of fiscal years 2009, 2010,
and 2011; and
. "(C) $3,100,000 for each fiscal years 2012, 2013, 2014,
and 2015.
"(2) TIMING.-The amount shall be paid in equal monthly
installments at the end of each month. The amount 'shall not
be reduced except as provided by this section.
"(b) CERTIFICATION REQUIRED FOR PAYMENT.-As a condition
of receiving payment under this section for a fiscal year for a
vessel, the contractor for the vessel shall certify, in accordance
with regulations issued by the Secretary, that the vessel has been
and will be operated in accordance with section 53105(a)(1) for
at least 320 days in the fiscal year. Days during which the vessel
is drydocked, surveyed, inspected, or repaired shall be considered
days of operation for purposes of this subsection.
"(c) GENERAL LIMITATIONs.-The Secretary of Transportation
shall not make any payment under this chapter for a vessel with
respect to any days for which the vessel is
"(1) under a charter to the United States Government,
other than a charter pursuant to an Emergency Preparedness
Agreement under section 53107;
H. R. 1588-423
"(2) not operated or maintained in accordance with an
operating agreement under this chapter; or
"(3) more than
"(A) 25 years of age, except as provided in subpara
graph (B) or (C);
"(B) 20 years of age, in the case of a tank vessel;
or
"(C) 30 years of age, in the case of a LASH vessel.
"(d) REDUCTIONS IN PAYMENTS.-With respect to payments
under this chapter for a vessel covered by an operating agreement,
the Secretary
"(1) except as provided in paragraph (2), shall not reduce
any payment for the operation of the vessel to carry military
or other preference cargoes under section 2631 of title 10,
United States Code, the Act of March 26, 1934 (46 U.S.C.
App. 1241-1), section 901(a), 901(b), or 901b of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1241(a), 1241(b), or 1241£),
or any other cargo preference law ofthe United States;
"(2) shall not make any payment for any day that the
vessel is engaged in transporting more than 7,500 tons of
civilian bulk preference cargoes pursuant to section 90l(a),
901(b), or 901b of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1241(a), 124l(b), or 1241£), that is bulk cargo; and
"(3) shall make a pro rata reduction in payment for each
day less than 320 in a fiscal year that the vessel is not operated
in accordance with section 53105(a)(1), with days during which
the vessel is drydocked or undergoing survey, inspection, or
repair considered to be days on which the vessel is operated.
"(e) LIMITATION REGARDING NONCONTIGUOUS DOMESTIC
TRADE.
"(1) IN GENERAL.-No contractor shall receive payments
pursuant to this chapter during a period in which it participates
in noncontiguous domestic trade.
"(2) LIMITATION ON A,pPLICATION.-Paragraph (1) shall not
apply to any person that is a citizen of the United States
within the meaning of section 2(c) of the Shipping Act, 1916
(46 U.S.C. App. 802(c)).
"(3) PARTICIPATES IN A NONCONTIGUOUS DOMESTIC TRADE
DEFINED.-In this subsection the term 'participates in a non
contiguous domestic trade' means directly or indirectly owns,
charters, or operates' a vessel engaged in transportation of
cargo between a point in the contiguous 48 States and a point
in Alaska, Hawaii, or Puerto Rico, other than a point in Alaska
north of the Arctic Circle.
"§ 53107. National security requirements
"(a) EMERGENCY PREPAREDNESS AGREEMENT REQUIRED.-The
Secretary shall establish an Emergency Preparedness Program
under this section that is approved by the Secretary of Defense.
Under the program, the Secretary, in conjunction with the Secretary
of Defense, shall include in each operating agreement under this
chapter a requirement that the contractor enter into an Emergency
Preparedness Agreement under this section with the Secretary.
The Secretary shall negotiate and enter into an Emergency
Preparedness Agreement with each contractor as promptly as prac
ticable after the contractor has entered into an operating agreement
under this chapter.
H. R. 1588-424
"(b) TERMS OF AGREEMENT.
"(1) IN GENERAL.-An Emergency Preparedness Agreement
under this section shall require that upon a request by the
Secretary of Defense during time of war or national emergency,
or whenever determined by the Secretary of Defense to be
necessary for national security or contingency operation (as
that term is defined in section 101 of title 10, United States
Code), a contractor for a vessel covered by an operating agree
ment under this chapter shall make available commercial
transportation resources (including services).
"(2) BASIC TERMS.-(A) The basic terms of the Emergency
Preparedness Agreement shall be established (subject to
subparagraph (B)) by the Secretary and the Secretary of
Defense.
"(B) In any Emergency Preparedness Agreement, the Sec
retary and a contractor may agree to additional or modifying
terms appropriate to the contractor's circumstances if those
terms have been approved by the Secretary of Defense.
"(c) PARTICIPATION AFTER EXPIRATION OF OPERATING AGREE
MENT.-Except as provided by section 53105(d), the Secretary may
not require, through an Emergency Preparedness Agreement or
operating agreement, that a contractor continue to participate in
an Emergency Preparedness Agreement after the operating agree
ment with the contractor has expired according to its terms or
is otherwise no longer in effect. After expiration of an Emergency
Preparedness Agreement, a contractor may volunteer to continue
to participate in such an agreement.
"(d) RESOURCES MADE AVAILABLE.-The commercial transpor
tation resources to be made available under an Emergency
Preparedness Agreement shall include vessels or capacity in vessels,
intermodal systems and equipment, terminal facilities, intermodal
and management services, and other related services, or any agreed
portion of such nonvessel resources for activation as the Secretary
of Defense may determine to be necessary, seeking to minimize
disruption of the contractor's service to commercial shippers.
"(e) COMPENSATION.
"(1) IN GENERAL.-The Secretary shall include in each
Emergency Preparedness Agreement provisions approved by
the Secretary of Defense under which the Secretary of Defense
shall pay fair and reasonable compensation for all commercial
transportation resources provided pursuant to this section.
"(2) SPECIFIC REQUIREMENTs.-Compensation under this
subsection
"(A) shall not be less than the contractor's commercial
market charges for like transportation resources;
"(B) shall be fair and reasonable considering all cir
cumstances;
"(C) shall be provided from the time that a vessel
or resource is required by the Secretary of Defense until
the time that it is redelivered to the contractor and is
available to reenter commercial service; and
"(D) shall be in addition to and shall not in any way
reflect amounts payable under section 53106.
"(0 TEMPORARY REPLACEMENT VESSELS.-Notwithstanding sec
tion 2631 of title 10, United States Code, the Act of March 26,
1934 (46 U.S.C. App. 1241-1), section 901(a), 901(b), or 901b of
H. R. 1588-425
the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(a), 1241(b),
or 1241f), or any other cargo preference law of the United States
"(1) a contractor may operate or employ in foreign com
merce a foreign-flag vessel or foreign-flag vessel capacity as
a temporary replacement for a United States-documented vessel
or United States-documented vessel capacity that is activated
by the Secretary of Defense under an Emergency Preparedness
Agreement or under a primary Department of Defense-approved
sealift readiness program; and
"(2) such replacement vessel or vessel capacity shall be
eligible during the replacement period to transport preference
cargoes subject to section 2631 of title 10, United States Code,
the Act of March 26,1934 (46 U.S.C. App. 1241-1), and sections
90l(a), 901(b), and 901b of the Merchant Marine Act, 1936
(46 U.S.C. App. 1241(a), 1241(b), and 1241b) to the same extent
as the eligibility of the vessel or vessel capacity replaced.
"(g) REDELIVERY AND LIABILITY OF UNITED STATES FOR DAM
AGES.
"(1) IN GENERAL.-All commercial transportation resources
activated under an Emergency Preparedness Agreement shall,
upon termination of the period of activation, be redelivered
to the contractor in the same good order and condition as
when received, less ordinary wear and tear, or the Secretary
of Defense shall fully compensate the contractor for any nec
essary repair or replacement.
"(2) LIMITATION ON LIABILITY OF u.s.-Except as may be
expressly agreed to in an Emergency Preparedness Agreement,
or as otherwise provided by law, the Government shall not
be liable for disruption of a contractor's commercial business
or other consequential damages to a contractor arising from
activation of commercial transportation resources 'under an
Emergency Preparedness Agreement.
"§ 53108. Regulatory relief
"(a) OPERATION IN FOREIGN COMMERCE.-A contractor for a
vessel included in an operating agreement under this chapter may
operate the. vessel in the foreign commerce of the United States
without restriction.
"(b) OTHER RESTRICTIONS.-The restrictions of section 901(b)(1)
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b)(1» con
cerning the building, rebuilding, or documentation of a vessel in
a foreign country shall not apply to a vessel for any day the
operator of that vessel is receiving payments for operation of that
vessel under an operating agreement under this chapter.
"(c) TELECOMMUNICATIONS EQUIPMENT.-The telecommuni
cations and other electronic equipment on an existing vessel that
is redocumented under the laws of the United States for operation
under an operating agreement under this chapter shall be deemed
to satisfy all Federal Communications Commission equipment cer·
tification requirements, if
"(1) such equipment complies with all applicable inter
national agreements and associated guidelines as determined
by the country in which the vessel was documented immediately
before becoming documented under the laws of the United
States;
H. R. 1588-426
"(2) that country has not been identified by the Secretary
as inadequately enforcing international regulations as to that
vessel; and
"(3) at the end of its useful life, such equipment will be
replaced with equipment that meets Federal Communications
Commission equipment certification standards.
"§ 53109. Special rule regarding age of participating fleet
vessel
"Any age restriction under section 53102(b)(3) or 53106(c)(3)
shall not apply to a participating fleet vessel during the 30-month
period beginning on the date the vessel begins operating under
an operating agreement under this title, if the Secretary determines
that the contractor for the vessel has entered into an arrangement
to obtain and operate under the operating agreement for the partici
pating fleet vessel a replacement vessel that, upon commencement
of such operation, will be eligible to be included in the Fleet under
section 53102(b).
"§ 53110. Regulations
"The Secretary and the Secretary of Defense may each prescribe
rules as necessary to carry out their respective responsibilities
under this chapter.
"§ 53111. Authorization of appropriations
"There are authorized to be appropriated for payments under
section 53106 to remain available until expended
"(1) $156,000,000 for each of fiscal years 2006, 2007, and
2008;
"(2) $174,000,000 for each of fiscal years 2009, 2010, and
2011; and
"(3) $186,000,000 for each fiscal year thereafter through
fiscal year 2015.".
(b) CONFORMING AMENDMENT.-The table of subtitles at the
beginning of title 46, United States Code, is amended by inserting
before the item relating to chapter VI the following:
"V. MERCHANT MARINE 53101".
SEC. 8582. RELATED AMENDMENTS TO EXISTING LAW.
(a) AMENDMENT TO SHIPPING ACT, 1916.-Section 9 of the Ship
ping Act, 1916 (46 U.S.C. App. 808) is amended
(1) by redesignating subsection (e), as added by section
1136(b) of Public Law 104-324 (110 Stat. 3987), as subsection
(f);and
(2) by amending subsection (e), as added by section 6
of Public Law 104-239 (110 Stat. 3132), to read as follows:
"(e) Notwithstanding subsection (c)(2), the Merchant Marine
Act, 1936, or any contract entered into with the Secretary of
Transportation under that Act, a vessel may be placed under a
foreign registry, without approval of the Secretary, if
"(1)(A) the Secretary, in conjunction with the Secretary
of Defense, determines that at least one replacement vessel
of equal or greater military capability and of a capacity that
is equivalent or greater, as measured by deadweight tons, gross
tons, or container equivalent units, as appropriate, is docu
mented under chapter 121 of title 46, United States Code,
H. R. 1588-427
by the owner of the vessel placed under the foreign registry;
and
"(B) the replacement vessel is not more than 10 years
of age on the date of that documentation; or
"(2) an operating agreement covering the vessel under
chapter 531 of title 46, United States Code, has expired.".
(b) MERCHANT MARINE ACT, 1936.-Section 512 of the Merchant
Marine Act, 1936 (46 U.S.C. 1162) is amended
(1) by striking "Notwithstanding" and inserting "(a) Except
as provided in subsection (b), n{)twithstanding"; and
"(b)(I) Except as provided in paragraph (2), the restrictions
and requirements of section 506 shall terminate upon the expiration
of the 20-year period beginning on the date of the original delivery
of the vessel from the shipyard for operation of a vessel in any
domestic trade in which it has operated at any time since 1996.
"(2) Paragraph (1) shall not affect any requirement to make
payments under section 506.".
SEC. 3533. INTERIM RULES.
The Secretary of Transportation and the Secretary of Defense
may each prescribe interim rules necessary to carry out their respec
tive responsibilities under this subtitle and the amendments made
by this subtitle. For this purpose, the Secretaries are excepted
from compliance with the notice and comment requirements of
section 553 of title 5, United States Code. All interim rules pre
scribed under the authority of this section that are not earlier
superseded by fmal rules shall expire no later than 270 days after
the effective date of this subtitle.
SEC. 3534. REPEALS AND CONFORMING AMENDMENTS.
(a) REPEALs.-The following provisions are repealed:
(1) Subtitle B of title VI of the Merchant Marine Act,
1936 (46 U.S.C. App. 1187 et seq.).
(2) Section 804 of the Merchant Marine Act, 1936 (46
U.S.C. App. 1222).
(b) CONFORMING AMENDMENTS.
(1), Section 12102(d)(4) of title 46, United States Code,
is amended by inserting "or chapter 531 of title 46, United
States Code" after "Merchant Marine Act, 1936".
(2) Section 1137 of Public Law 104-324 (46 U.S.C. App.
1187 note) is amended by striking "section 65l(b) of the Mer
chant Marine Act, 1936" and inserting "section 53102(b) of
title 46, United States Code".
SEC. 3535. GAO STUDY OF ADJUSTMENT OF OPERATING AGREEMENT
PAYMENT CRITERIA.
(a) IN GENERAL.-The Comptroller General of the United States
shall conduct a study of the potential impact of amending section
53106 of title 46, United States Code, as amended by this Act
(1) to increase or decrease the 7,500 ton limitation;
(2) to apply the limitation to bagged cargo as well as
bulk cargo; and
(3) to so modify the tonnage limitation and apply it to
bagged cargo as well as bulk cargo.
(b) MA'ITERS To BE ADDREsSED.
H. R. 1588-428
(1) SPECIFIC IMPACTS.-As part of the study required by
subsection (a), the Comptroller General shall address, in par
ticular, the impact of such amendments on
(A) the Maritime Security Fleet established under
chapter 531 of title 46, United States Code, as amended
by this Act;
(B) the civilian bulk cargo preference program under
section 90l(a), 901(b), or 901b of such Act (46 U.S.C. App.
1241(a), 1241(b), and 12410; and
(C) operations of vessels under sections 901a through
901k of such Act (46 U.S.C. App. 1241e through 12410,
the Food for Peace Act of 1966 (7 U.S.C. 1707a(b)(8»,
or any other statute in pari materia.
(2) CERTAIN ASPECTS.-In carrying out paragraph (1), the
Comptroller General shall consider, among other matters
(A) increased or decreased costs to the overall cargo
preference program, including transportation costs (for both
land and water transportation);
(B) effects on ports;
(C) the number of shipments that would be affected;
(D) increased or decreased administrative and compli
ance burdens for carriers and Federal agencies; and
(E) increases or decreases in the number of United
States-flag operators participating in the cargo preference
program.
(3) BALANCING BENEFITS.-In the study, the Comptroller
General shall also address whether and how such amendments
could result in achieving an appropriate balance of benefits
between participants in the Maritime Security Fleet program
and participants in the cargo preference program.
(c) REPORT.-The Comptroller General shall transmit a report
of the study, including findings, conclusions, and recommendations
(including legislative recommendations, if any), to the Committee
on Armed Services of the House of Representatives and the Com
mittee on Armed Services and the Committee on Commerce,
Science, and Transportation of the Senate within 9 months after
the date of the enactment of this Act.
(d) AUTHORITY.-In order to conduct the study required by
subsection ~a), the Comptroller General, or any of the Comptroller
General's duly authorized representatives, shall have access to any
books, accounts, documents, papers, and records that relate to the
information required to complete the study of owners or operators
of vessels
(1) under operating agreements under subtitle B of title
VI of the Merchant Marine 'Act, 1936 (46 U.S.C. App. 651
et seq.) or chapter 531 of title 46, United States Code, as
amended by this Act; and
(2) that accept bulk cargo subject to the cargo preference
laws of the United States.
SEC. 3536. DEFINITIONS.
In this subtitle, the definitions set forth in section 53101 of
title 46, United States Code, as amended by this Act, shall apply.
SEC. 3537. EFFECTIVE DATES.
(a) IN GENERAL.-Except as provided in subsections (b) and
(c), this subtitle shall take effect October 1, 2004.
H. R. 1588-429
(b) REPEALS AND CONFORMING AMENDMENTs.-Section 3534
shall take effect October 1, 2005.
(c) OTHER PROVISIONS.-Sections 3533, 3535, and this section
shall take effect on the date of the enactment of this Act.
Subtitle D-National Defense Tank Vessel

Construction Assistance
SEC. 3541. NATIONAL DEFENSE TANK VESSEL CONSTRUCTION PRO·
GRAM.
The Secretary of Transportation shall establish a program for
the provision of financial assistance for the construction in the
United States of a fleet of up to 5 privately owned product tank
vessels
(1) to be operated in commercial service in foreign com
merce; and
(2) to be available for national defense purposes in time
of war or national emergency pursuant to an Emergency
Preparedness Plan approved by the Secretary of Defense pursu
ant to section 3543(e).
SEC. 3542. APPLICATION PROCEDURE.
(a) REQUEST FOR PROPOSALs.-Within 90 days after the date
of the enactment of this subtitle, and on an as-needed basis there
after, the Secretary, in consultation with the Secretary of Defense,
shall publish in the Federal Register a request for competitive
proposals for the construction of new product tank vessels necessary
to meet the commercial and national security needs of the United
States and to be built with assistance under this subtitle.
(b) QUALIFICATION.-Any citizen of the United States or any
shipyard in the United States may submit a proposal to the Sec
retary of Transportation for purposes of constructing a product
tank vessel with assistance under this subtitle.
(c) REQUIREMENT.-The Secretary, with the concurrence of the
Secretary of Defense, may enter into an agreement with the sub
mitter of a proposal for assistance under this subtitle if the Sec
retary determines that
(1) the plans and specifications call for construction of
a new product tank vessel of not less than 35,000 deadweight
tons and not greater than 60,000 deadweight tons, that
(A) will meet the requirements of foreign commerce;
(B) is capable of carrying militarily useful petroleum
products, and will be suitable for national defense or mili
tary purposes in time of war, national emergency, or other
military contingency; and
(C) will meet the construction standards necessary to
be documented under the laws of the United States;
(2) the shipyard in which the vessel will be constructed
has the necessary capacity and expertise to successfully con
struct the proposed number and type of product tank vessels
in a reasonable period of time as determined by the Secretary
of Transportation, taking into consideration the recent prior
commercial shipbuilding history of the proposed shipyard in
delivering a vessel or series of vessels on time and in accordance
with the contract price and specifications; and
H. R. 1588---430
(3) the person proposed to be the operator of the proposed
vessel possesses the ability, experience, financial resources, and
any other qualifications determined to be necessary by the
Secretary for the operation and maintenance of the vessel.
(d) PRIORITY.-The Secretary
(1) subject to paragraph (2), shall give priority consideration
to a proposal submitted by a person that is a citizen of the
United States under section 2 of the Shipping Act, 1916 (46
U.S.C. App. 802); and
(2) may give priority to consideration of proposals that
provide the best value to the Government, taking into
consideration
(A) the costs of vessel construction; and
(B) the commercial and national security needs of the
United States.
SEC. 3543. AWARD OF ASSISTANCE.
(a) IN GENERAL.-lf after review of a proposal, the Secretary
determines that the proposal fulfllls the requirements under this
subtitle, the Secretary may enter into a contract with the proposed
purchaser and the proposed shipyard for the construction of a
product tank vessel with assistance under this subtitle.
(b) AMOUNT OF AsSISTANCE.-The contract shall provide that
the Secretary shall pay, subject to the availability of appropriations,
up to 75 percent of the actual construction cost of the vessel,
but in no case more than $50,000,000 per vessel.
(c) CONSTRUCTION IN UNITED STATES.-A contract under this
section shall require that construction of a vessel with assistance
under this subtitle shall be performed in a shipyard in the United
States.
(d) DOCUMENTATION OF VESSEL.
(1) CONTRACT REQUIREMENT.-A contract under this section
shall require that, upon delivery of a vessel constructed with
assistance under the contract, the vessel shall be documented
under chapter 121 of title 46, United States Code, with a
registry endorsement only.
(2) RESTRICTION ON COASTWISE ENDORSEMENT.-A vessel
constructed with assistance under this subtitle shall not be
eligible for a certificate of documentation with a coastwise
endorsement.
(3) AUTHORITY TO REFLAG NOT APPLICABLE.-Section 9(g)
of the Shipping Act, 1916, (46 U.S.C. App. 808(g» shall not
apply to a vessel constructed with assistance under this subtitle.
(e) EMERGENCY PREPAREDNESS AGREEMENT.
(1) IN GENERAL.-A contract under this section shall require
that the person who will be the operator of a vessel constructed
with assistance under the contract shall enter into an Emer
gency Preparedness Agreement for the vessel under section
53107 of title 46, United States Code, as amended by this
Act.
(2) TREATMENT AS CONTRACTOR.-For purposes of the
application, under paragraph (1), of section 53107 of title 46,
United States Code, to a vessel constructed with assistance
under this subtitle, the term "contractor" as used in that section
means the person who will be the operator of a vessel con
structed with assistance under this subtitle.
H. R. 1588-431
(f) ADDITIONAL TERMS.-The Secretary shall incorporate in the
contract the requirements set forth in this subtitle, and may incor
porate in the contract any additional terms the Secretary considers
necessary.
SEC. 3544. PRIORITY FOR TITLE XI ASSISTANCE.
Section 1103 of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1273) is amended by adding at the end the following:
"(i) PRIORITY.-In guaranteeing and entering commitments to
guarantee under this section, the Secretary shall give priority to
guarantees and commitments for vessels that are otherwise eligible
for a guarantee under this section and that are constructed with
assistance under subtitle D of the Maritime Security Act of 2003.".
SEC. 8545. DEFINITIONS.
In this subtitle the defInitions set forth in section 53101 of
title 46, United States Code, as amended by this Act, shall apply.
SEC. 8546. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to
carry out this subtitle a total of $250,000,000 for fIscal years after
fIscal year 2004.
TITLE XXXVI-NUCLEAR SECURITY

INITIATIVE
Sec. 3601. Short title.
Subtitle A-Administration and Oversight of Threat Reduction and
Nonproliferation Programs
Sec. 3611. Management assessment of Department of Defense and Department of

Energy threat reduction and nonproliferation programs.
Subtitle B-Relations Between the United States and Russia
Sec. 3621. Comprehensive inventory of Russian tactical nuclear weapons.
Sec. 3622. Establishment of interparliamentary Threat Reduction Working Group.
Sec. 3623. Sense of Con~ess on cooperation by United States and NATO with Rus
sia on ballistic missile defenses.
Sec. 3624. Sense of Congress on enhanced collaboration to achieve more reliable
Russian early warning systems.
Subtitle C-Other Matters
Sec. 3631. Promotion of discussions on nuclear and radiological security and safety
between the International Atomic Energy Agency and the Organization
for Economic Cooperation and Development.
SEC. 3601. SHORT TITLE.
This title may be cited as the "Nuclear Security Initiative
Act of 2003".
H. R. 1588-432
Subtitle A-Administration and Oversight

of Threat Reduction and Nonprolifera
tion Programs
SEC. 3611. MANAGEMENT ASSESSMENT OF DEPARTMENT OF DEFENSE
AND DEPARTMENT OF ENERGY THREAT REDUCTION AND
(a) GAO AsSESSMENT REQUIRED.-The Comptroller General
shall carry out an assessment of the management of the threat
reduction and nonproliferation programs of the Department of
Defense and the Department of Energy. The matters assessed shall
include
(1) the effectiveness of the overall strategy used for man
aging such pr0lP'ams;
(2) the basIs used to allocate the missions of such programs
among the executive departments and agencies;
(3) the criteria used to assess the effectiveness of such
programs;
(4) the strategy and process used to establish priorities
for activities carried out under such programs, including the
analysis of risks and benefits used in determining how best
to allocate the funds made available for such programs;
(5) the mechanisms used to coordinate the activities carried
out under such programs by the executive departments and
agencies so as to ensure efficient execution and avoid duplica
tion of effort; and
(6) the management controls used in carrying out such
programs and the effect of such controls on the execution of
such programs.
(b) CONSIDERATIONS.-In carrying out the assessment required
by subsection (a), the Comptroller General shall take into account
(1) the national security interests of the United States;
and
(2) the need for accountability in expenditure of funds
by the United States.
(c) REPORT.-Not later than May 1, 2004, the Comptroller Gen
eral shall submit a report on the assessment required by subsection
(a) to the Committee on Armed Services of the House of Representa
tives and the Committee on Armed Services of the Senate.
(d) DEFINITIONS.-In this section:
(1) The term "threat reduction and nonproliferation pro
grams of the Department of Defense and the Department of
Energy" means
(A) the programs specified in section 150l(b) of the
(Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note);
and
(B) any programs for which funds are made available
under the defense nuclear nonproliferation account of the
Department of Energy.
(2) The term "management controls" means any accounting,
oversight, or other measure intended to ensure that programs
are executed consistent with
(A) programmatic objectives as stated in budget jus
tification materials submitted to Congress (as submitted
H. R. 1588-433
with the budget of the President under section 1l05(a)
of title 31, United States Code); and
(B) any restrictions related to such objectives as are
imposed by law.
Subtitle B-Relations Between the United

States and Russia
SEC. 3621'. COMPREHENSIVE INVENTORY OF RUSSIAN TACTICAL
NUCLEAR WEAPONS.
(a) SENSE OF CONGRESS.-It is the sense of Congress that
the United States should, to the extent the President considers
prudent, seek to work with the Russian Federation to develop
a comprehensive inventory of Russian tactical nuclear weapons.
(b) REPORT.-Not later than 12 months after the date of the
enactment of this Act, the President shall submit to Congress
a report, in both classified and unclassified form as necessary,
describing the progress that has been made toward creating such
an inventory.
SEC. 3622. ESTABLISHMENT OF INTERPARLIAMENTARY THREAT
REDUCTION WORKING GROUP.
(a) ESTABLISHMENT OF WORKING GROuP.-There is hereby
established a working group to be known as the "Threat Reduction
Working Group" as an interparliamentary group of the Congress
of the United States and the legislature of the Russian Federation.
(b) PuRPOSE OF WORKING GRoUP.-The purpose of the working
group established by subsection (a) shall be to explore means to
enhance cooperation between the United States and the Russian
Federation with respect to nuclear nonproliferation and security
and such other issues related to reducing the dangers of weapons
of mass destruction as the members of the working group consider
appropriate.
(c) MEMBERSHIP.-(l) The majority leader of the Senate, after
consultation with the minority leader of the Senate, shall appoint
not more than 10 Senators to the working group established by
subsection (a).
(2) The 'Speaker of the House of Representatives, after consulta
tion with the minority leader of the House of Representatives,
shall appoint not more than 30 Members of the House to the
working group.
SEC. 3623. SENSE OF CONGRESS ON COOPERATION BY UNITED STATES
AND NATO WITH RUSSIA ON BALLISTIC MISSILE
DEFENSES.
(a) SENSE OF CONGRESS.-It is the sense of Congress that
the President should, in conjunction with the North Atlantic Treaty
Organization, encourage appropriate cooperative relationships
between the Russian Federation and the United States and North
Atlantic Treaty Organization with respect to the development and
deployment of ballistic missile defenses.
(b) REPORT TO CONGRESS.-Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
transmit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
a report (in unclassified or classified form as necessary) on the
H. R. 1588---434
feasibility of increasing cooperation between the Russian Federation
and the United States and the North Atlantic Treaty Organization
on the subject of ballistic missile defense. The report shall include
(1) the recommendations of the Secretary;
(2) a description of the threat such cooperation is intended
to address; and
(3) an assessment of possible benefits to ballistic missile
defense programs ofthe United States.
SEC. 3624. SENSE OF CONGRESS ON ENHANCED COLLABORATION TO
ACHIEVE MORE REUABLE RUSSIAN EARLY WARNING
SYSTEMS.
It is the sense of Congress that the President, to the extent
consistent with the national security interests of the United States,
should
(1) encourage joint efforts by the United States and the
Russian Federation to reduce the probability of accidental
nuclear attack as a result of misinformation or miscalculation
by developing the capabilities and increasing the reliability
of Russian ballistic missile early-warning systems;
(2) encourage the development of joint programs by the
United States and the Russian Federation to ensure that the
Russian Federation has reliable information regarding launches
of ballistic missiles anywhere in the world; and
(3) pending the execution of a new agreement between
the United States and the Russian Federation providing for
the conduct of the Russian-American Observation Satellite
(RAMOS) program, ensure that funds appropriated for that
program for fiscal year 2004 are obligated and expended in
a manner that provides for the satisfactory continuation of
that program.
Subtitle C-Other Matters

SEC. 3631. PROMOTION OF DISCUSSIONS ON NUCLEAR AND RADIO
LOGICAL SECURITY AND SAFETY BETWEEN THE INTER
NATIONAL ATOMIC ENERGY AGENCY AND THE
,ORGANIZATION FOR ECONOMIC COOPERATION AND
DEVELOPMENT.
(a) SENSE OF CONGRESS REGARDING INITIATION OF DIALOGUE
BETWEEN THE IAEA AND THE OECD.-It is the sense of Congress
that
(1) the United States should seek to initiate discussions
between the International Atomic Energy Agency and the
Organization for Economic Cooperation and Development for
the purpose of exploring issues of nuclear and radiological
security and safety, including the creation of new sources of
revenue (including debt reduction) for states to provide nuclear
security; and
(2) the discussions referred to in paragraph (1) should
also provide a forum to explore possible sources of funds in
support of the G-8 Global Partnership Against the Spread
of Weapons and Materials of Mass Destruction.
(b) CONTINGENT REPORT.-(l) Except as provided in paragraph
(2), the President shall, not later than 12 months after the date
of the enactment of this Act, submit to Congress a report on
H. R. 1588-435
(A) the efforts made by the United States to initiate the
discussions described in subsection (a);
(B) the results of those efforts; and
(C) any plans for further discussions and the purposes
of such discussions.
(2) Paragraph (1) shall not apply if no efforts referred to in
paragraph (l)(A) have been made.
Speaker of the House of Representatives.
Vice President of the United States and

President of the Senate.
Status of Congressionally Mandated DoD Perchlorate Studies
1 December 2003
1. National Defense Authorization Act for FY 2004 - signed 11/24/03 as PL 108

87
SEC. 323. PUBLIC HEALTH ASSESSMENT OF EXPOSURE TO PERCHLORATE.

(a) EPIDEMIOLOGICAL STUDY OF EXPOSURE TO PERCHLORATE- The
Secretary of Defense shall provide for an independent epidemiological
study of exposure to perchlorate in drinking water. The entity conducting
the study shall-
(1) assess the incidence of thyroid disease and measurable effects of
thyroid function in relation to exposure to perchlorate;
(2) ensure that the study is of sufficient scope and scale to permit the
making of meaningful conclusions of the measurable public health
threat associated with exposure to perchlorate, especially the threat to
sensitive subpopulations; and
(3) examine thyroid function, including measurements of urinary iodine
and thyroid hormone levels, in a sufficient number of pregnant
women, neonates, and infants exposed to perchlorate in drinking
water and match measurements of perchlorate levels in the drinking
water of each study participant in order to 'permit the development of
meaningful conclusions on the public health threat to individuals
exposed to perchlorate.
(b) REVIEW OF EFFECTS OF PERCHLORATE ON ENDOCRINE SYSTEM
The Secretary shall provide for an independent review of the effects of
perchlorate on the human endocrine system. The entity conducting the
review shall assess-
(1) available data on human exposure to perchlorate, including clinical
data and data on exposure of sensitive subpopulations, and the levels
at which health effects were observed; and
(2) available data on other substances that have endocrine effects similar
to perchlorat~ to which the public is frequently exposed.
(c) PERFORMANCE OF STUDY AND REVIEW
(1) The Secretary shall provide for the performance of the study under
subsection (a) ~hrough the Centers for Disease Control and Prevention,
the National Institutes of Health, or another Federal entity with
experience in environmental toxicology selected by the Secretary.
(2) The Secretary shall provide for the performance of the review under
subsection (b) through the Centers for Disease Control and Prevention,
the National Institutes of Health, or another appropriate Federal
research entity with experience in human endocrinology selected by
the Secretary. The Secretary shall ensure that the panel conducting the
review is composed of individuals with expertise in human
endocrinology.
(d) REPORTING REQUIREMENTS- Not later than June 1, 2005, the Federal
entities conducting the study and review under this section shall submit
to the Secretary reports containing the results of the study and review.
2. MiICon Conference Report (House Report 108-342) Language

(the MilCon Appropriations Act was signed 11/22103 as PL 108-132)
Perchlorate.--The conferees direct the Department to submit a report identifying

the sources of perchlorate on Base Realignment and Closure (BRAC) properties
and the plans to remediate perchlorate contamination on these sites no later than
April 30, 2004, instead of March 30,2004 as proposed by the Senate.
NOTE: PL 108-132 itself does not actually reference perchlorate. The language
above appears on page 17 of the Conference Report, under the Items of General
Interest Heading
3. Energy and Water Conference Report (House Report 108-357) Language

awaiting President's signature:
The conferees have provided $500,000 for continuation of a feasibility study of

perchlorate contamination in the City of Santa Clarita, California.
4. Consolidated Appropriations Conference Report (House Report 108-401)

Language -Conference Report awaiting floor vote
98. $1,000,000 for the Santa Clara Valley Water District, California for perchlorate
groundwater clean-up;
100. $500,000 for the West Valley Water District, California for the Inland Empire
Perchlorate Force Wellhead Treatment;
NOTE: The Consolidated Appropriations Bill includes spending for Agriculture,

CommercelJustice/State, District of Columbia, Foreign Operations,
Labor/HHS/Education, Transportation/Treasury, and VA/HUD/Other
Agencies.
H. R. 2559
enr iRundrrd ~ighth [ongrr55
of thr
ilnitrd ~tQtr5 of 51mrrirQ
AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,
the seventh day ofJanuary, two thousand and three
2ln 2let
Making appropriations for military construction, family housing, and base realign
ment and closure for the Department of Defense for the fiscal year ending Sep
tember 30, 2004, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated for military construction, family
housing, and base realignment and closure functions administered
by the Department of Defense, for the fiscal year ending September
30, 2004, and for other purposes, namely:
MILITARY CONSTRUCTION, ARMY
(INCLUDING RESCISSIONS)
For acquisition, construction, installation, and eqUipment of

temporary or permanent public works, military installations, facili
ties, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,448,239,000, to remain
available until September 30, 2008: Provided, That of this amount,
not to exceed $126,833,000 shall be available for study, planning,
design, architect and engineer services, and host nation support,
as authorized by law, unless the Secretary of Defense determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Con
gress of his determination and the reasons therefor: Provided fur
ther, That of the funds appropriated for "Military Construction,
Army" under Public Law 107-249, $137,850,000 are rescinded: Pro
vided further, That of the funds appropriated for "Military Construc
tion, Army" under Public Law 107-64, $24,000,000 are rescinded:
Provided further, That of the funds appropriated for "Military
Construction, Army" under Public Law 106-246, $17,415,000 are
rescinded: Provided further, That of the funds appropriated for
"Military Construction, Army" under Public Law 106-52, $4,350,000
are rescinded.
MILITARY CONSTRUCTION, NAVY
For acquisition, construction, installation, and equipment of

temporary or permanent public works, naval installations, facilities,
H.R.2559-2
and real property for the Navy as currently authorized by law,
including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this appro
priation, $1,238,458,000, to remain available until September 30,
2008: Provided, That of this amount, not to exceed $71,001,000
shall be available for study, planning, design, architect and engineer
services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such pur
poses and notifies the Committees on Appropriations of both Houses
of Congress of his determination and the reasons therefor: Provided
further, That of the funds appropriated for "Military Construction,
Navy" under Public Law 107-249, $27,213,000 are rescinded: Pro
vided further, That of the funds appropriated for "Military Construc
tion, Navy" under Public Law 107-64, $18,409,000 are rescinded.
MILITARY CONSTRUCTION, AIR FORCE
(INCLUDING RESCISSION)

ties, and real property for the Air Force as currently authorized
by law, $1,067,751,000, to remain available until September 30,
shall be available for study, planning, design, architect and engineer
services, as authorized by law, unless the Secretary of Defense
Air Force" in Public Law 107-249, $23,000,000 are rescinded.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently author
ized by law, $773,471,000, to remain available until September
30, 2008: Provided, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
to such appropriations of the Department of Defense available for
military construction or family housing as he may designate, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to which
transferred: Provided further, That of the amount appropriated,
not to exceed $65,130,000 shall be available for study, planning,
design, architect and engineer services, as authorized by law, unless
the Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his determination
and the reasons therefor: Provided further, That of the funds appro
priated for "Military Construction, Defense-wide" under Public Law
107-249, $72,309,000 are rescinded.
H.R.2559-3
MIUTARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $311,592,000, to remain available
until September 30, 2008.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD

Air National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military. Construc
tion Authorization Acts, $222,908,000, to remain available until
September 30, 2008.
MIUTARY CONSTRUCTION, ARMY RESERVE
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$88,451,000, to remain available until September 30,2008.
MILITARY CONSTRUCTION, NAVAL RESERVE

reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $45,498,000, to remain available
until September 30, 2008.
MIUTARY CONSTRUCTION, AIR FORCE RESERVE

Air Force Reserve as authorized by chapter 1803 of title 10, United
$62,032,000, to remain available until September 30, 2008,
NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisi
tion and construction of military facilities and installations
(including international military headquarters) and for related
expenses for the collective defense of the North Atlantic Treaty
Area as authorized in Military Construction Authorization Acts
and section 2806 of title 10, United States Code, $169,300,000,
to remain available until expended: Provided, That of the funds
appropriated for "North Atlantic Treaty Organization Security
H.R.2559-4
Investment Program" under Public Law 107-249, $8,000,000 are
rescinded.
FAMILY HOUSING CONSTRUCTION, ARMY
For expenses of family housing for the Army for construction,

including acquisition, replacement, addition, expansion, extension
and alteration, as authorized by law, $383,591,000, to remain avail
able until September 30, 2008: Provided, That of the funds appro
priated for "Family Housing Construction, Army" under Public Law
107-249, $94,151,000 are rescinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor construc
tion, principal and interest charges, and insurance premiums, as
authorized by law, $1,033,026,000.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension and alteration, as authorized by law,
$184,193,000, to remain available until September 30, 2008: Pro
vided, That of the funds appropriated for "Family Housing Construc
tion, Navy and Marine Corps" under Public Law 107-249,
$40,508,000 are rescinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND
MARINE CORPS
for operation and maintenance, including debt payment, leasing,
minor cons~ruction, principal and interest charges, and insurance
premiums, as authorized by law, $835,078,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
For expenses of family housing for the Air Force for construc
tion, including acquisition, replacement, addition, expansion, exten
sion and alteration, as authorized by law, $657,065,000, to remain
available until September 30, 2008: Provided, That of the funds
appropriated for "Family Housing Construction, Air Force" under
Public Law 107-249, $19,347,000 are rescinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
For expenses of family housing for the Air Force for operation
authorized by law, $816,074,000.
H.R.2559-5
FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE
For expenses of family housing for the activities and agencies
of the Department of Defense (other than the military departments)
for construction, including acquisition, replacement, addition,
expansion, extension and alteration, as authorized by law, $350,000,
to remain available until September 30, 2008.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
for operation and maintenance, leasing, and minor construction,
as authorized by law, $49,440,000.
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND
For the Department of Defense Family Housing Improvement
Fund, $300,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of title
10, United States Code, providing alternative means of acquiring
and improving military family housing and supporting facilities:
Provided, That of funds available in the "Family Housing Improve
ment Fund", $9,692,000 are rescinded. '
BASE REALIGNMENT AND CLOSURE ACCOUNT
For deposit into the Department of Defense Base Closure
Account 1990 established by section 2906(a)(1) of the Department
of Defense Authorization Act, 1991 (Public Law 101-510),
$370,427,000, to remain available until expended.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in Military Construc
tion Appropriations Acts shall be expended for payments under
a cost-plus-a-fixed-fee contract for construction, where cost esti
mates exceed $25,000, to be performed within the United States,
except Alaska, without the specific approval in writing of the Sec
retary of Defense setting forth the reasons therefor.
SEC. 102. Funds appropriated to the Department of Defense
for construction shall be available for hire of passenger motor
vehicles.
for construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the construction
of access roads as authorized by section 210 of title 23, United
States Code, when projects authorized therein are certified as
important to the national defense by the Secretary of Defense.
SEC. 104. None of the funds appropriated in this Act may
be used to begin construction of new bases inside the continental
United States for which specific appropriations have not been made.
SEC. 105. No part of the funds provided in Military Construction
Appropriations Acts shall be used for purchase of land or land
easements in excess of 100 percent of the value as determined
by the Army Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
H. R. 2559-6
by a Federal court; (2) purchases negotiated by the Attorney General
or his designee; (3) where the estimated value is less than $25,000;
or (4) as otherwise determined by the Secretary of Defense to
be in the public interest.
tion Appropriations Acts shall be used to: (1) acquire land; (2)
provide for site preparation; or (3) install utilities for any family
housing, except housing for which funds have been made available
in annual Military Construction Appropriations Acts.
tion Appropriations Acts for minor construction may be used to
transfer or relocate any activity from one base or installation to
another, without prior notification to the Committees on Appropria
tions.
SEC. 108. No part of the funds appropriated in Military
Construction Appropriations Acts may be used for the procurement
of steel for any construction project or activity for which American
steel producers, fabricators, and manufacturers have been denied
the opportunity to compete for such steel procurement.
SEC. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
tion Appropriations Acts may be used to initiate a new installation
overseas without prior notification to the Committees on Appropria
tions.
tion Appropriations Acts may be obligated for architect and engineer
contracts estimated by the Government to exceed $500,000 for
projects to be accomplished in Japan, in any NATO member country,
or in countries bordering the Arabian Sea, unless such contracts
are awarded to United States firms or United States firms in
joint venture with host nation firms.
tion Appropriations Acts for military construction in the United
States territories and possessions in the Pacific and on Kwajalein
Atoll, or in countries bordering the Arabian Sea, may be used
to award any contract estimated by the Government to exceed
$1,000,000 to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest responsive
and responsible bid of a United States contractor exceeds the lowest
responsive and responsible bid of a foreign contractor by' greater
than 20 percent: Provided further, That this section shall not apply
to contract awards for military construction on Kwajalein Atoll
for which the lowest responsive and responsible bid is submitted
by a Marshallese contractor.
SEC. 113. The Secretary of Defense is to inform the appropriate
committees of Congress, including the Committees on Appropria
tions, of the plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring,
if amounts expended for construction, either temporary or perma
nent, are anticipated to exceed $100,000.
SEC. 114. Not more than 20 percent of the appropriations
in Military Construction Appropriations Acts which are limited
for obligation during the current fiscal year shall be obligated
during the last 2 months of the fiscal year.
H.R.2559-7
(TRANSFER OF FUNDS)

for construction in prior years shall be availa\lle for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
SEC. 116. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed
for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering
and design on those projects and on subsequent claims, if any.
SEC. 117. Notwithstanding any other provision of law, any
funds appropriated to a military department or defense agency
for the construction of military projects may be obligated for a
military construction project or contract, or for any portion of such
a project or contract, at any time before the end of the fourth
fiscal year after the fiscal year for which funds for such project
were appropriated if the funds obligated for such project: (1) are
obligated from funds available for military construction projects;
and (2) do not exceed the amount appropriated for such project,
plus any amount by which the cost of such project is increased
pursuant to law.
(TRANSFER OF FUNDS)
SEC. 118. During the 5-year period after appropriations avail

able to the Department of Defense for military construction and
family housing operation and maintenance and construction have
expired for obligation, upon a determination that such appropria
tions will not be necessary for the liquidation of obligations or
for making authorized adjustments to such appropriations for
obligations incurred during the period of availability of such appro
priations, unobligated balances of such appropriations may be trans
ferred into the appropriation "Foreign Currency Fluctuations,
Construction, Defense" to be merged with and to be available for
the same time period and for the same purposes as the appropria
tion to which transferred.
SEC. 119. The Secretary of Defense is to provide the Committees
on Appropriations of the Senate and the House of Representatives
with an annual report by February 15, containing details of the
specific actions proposed to be taken by the Department of Defense
during the current fiscal year to encourage other member nations
of the North Atlantic Treaty Organization, Japan, Korea, and
United States allies bordering the Arabian Sea to assume a greater
share of the common defense burden of such nations and the United
States.
(TRANSFER OF FUNDS)
SEC. 120. During the current fiscal year, in addition to any

other transfer authority available to the Department of Defense,
proceeds deposited to the Department of Defense Base Closure
Account established by section 207(a)(1) of the Defense Authoriza
tion Amendments and Base Closure and Realignment Act (Public
Law 100-526) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of
the Department of Defense Authorization Act, 1991, to be merged
H.R.2559-8
with, and to be available for the same purposes and the same
time period as that account.
(TRANSFER OF FUNDS)
SEC. 121. Subject to 30 days prior notification to the Commit

tees on Appropriations, such additional amounts as may be deter
mined by the Secretary of Defense may be transferred to the Depart
ment of Defense Family Housing Improvement Fund from amounts
appropriated for construction in "Family Housing" accounts, to be
merged with and to be available for the same purposes and for
the same period of time as amounts appropriated directly to the
Fund: Provided, That appropriations made available to the Fund
shall be available to cover the costs, as defined in section 502(5)
of the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169, title 10, United States
Code, pertaining to alternative means of acquiring and improving
military family housing and supporting facilities.
SEC. 122. None of the funds appropriated or made available
by this Act may be obligated for Partnership for Peace Programs
in the New Independent States ofthe former Soviet Union.
SEC. 123. (a) Not later than 60 days before issuing any solicita
tion for a contract with the private sector for military family housing
the Secretary of the military department concerned shall submit
to the congressional defense committees the notice described in
subsection (b).
(b)(l) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments)
proposed to be made by the Secretary to the private party under
the contract involved in the event of
(A) the closure or realignment of the installation for which
housing is provided under the contract;
(B) a reduction in force of units stationed at such installa
tion; or
(C) the extended deployment overseas of units stationed
at such installation.
(2) Each notice under this subsection shall specify the nature
of the guarantee involved and assess the extent and likelihood,
if any, of the liability of the Federal Government with respect
to the guarantee.
(c) In this section, the term "congressional defense committees"
means the following:
(1) The Committee on Armed Services and the Military
Construction Subcommittee, Committee on Appropriations of
the Senate.
the House of Representatives.
(TRANSFER OF FUNDS)

amounts may be transferred from the account established by section
2906(a)(1) of the Department of Defense Authorization Act, 1991,
to the fund established by section 1013(d) of the Demonstration
Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374)
H.R.2559-9
to pay for expenses associated with the Homeowners Assistance
Program. Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period
as the fund to which transferred.
SEC. 125. Notwithstanding this or any other provision of law,
funds appropriated in Military Construction Appropriations Acts
for operations and maintenance of family housing shall be the
exclusive source of funds for repair and maintenance of all family
housing units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days advance prior notification to the appropriate
committees of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reason
ably anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is to
report annually to the Committees on Appropriations all operations
and maintenance expenditures for each individual general or flag
officer quarters for the prior fiscal year.
SEC. 126. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro
priation Act. '
SEC. 127. No funds appropriated in this Act under the heading
"North Atlantic Treaty Organization Security Investment Program",
and no funds appropriated for any fiscal year before fiscal year
2004 for that program that remain available for obligation, may
be obligated or expended for the conduct of studies of missile
defense.
SEC. 128. (a) COMMISSION ON REVIEW OF OVERSEAS MILITARY
FACILITY STRUCTURE OF THE UNITED STATES.-(l) There is estab
lished the Commission on the Review of the Overseas Military
Facility Structure of the United States (in this section referred
to as the "Commission").
(2)(A) The Commission shall be composed of eight members
of whom
(i) two shall be appointed by the ,Majority Leader of the
Senate;
(ii) two shall be appointed by the Minority Leader of the
Senate;
(iii) two shall be appointed by the Speaker of the House
of Representatives; and
(iv) two shall be appointed by the Minority Leader of the
House of Representatives.
(B) Individuals appointed to the Commission shall have signifi
cant experience in the national security or foreign policy of the
United States.
(C) Appointments of the members of the Commission shall
be made not later than 45 days after the date of the enactment
of this Act.
(3) Members shall be appointed for the life of the Commission.
Any vacancy in the Commission shall not affect its powers, but
shall be fIlled in' the same manner as the original appointment.
H. R. 2559-10
(4) Not later than 30 days after the date on which all members
of the Commission have been appointed, the Commission shall
hold its first meeting.
(5) The Commission shall meet at the call of the Chairman.
(6) A majority of the members of the Commission shall con
stitute a quorum, but a lesser number of members may hold
hearings.
(7) The Commission shall select a Chairman and Vice Chairman
from among its members.
(b) DUTIES.-(l) The Commission shall conduct a thorough
study of matters relating to the military facility structure of the
United States overseas.
(2) In conducting the study, the Commission shall
(A) assess the number of forces required to be forward
based outside the United States;
(B) examine the current state of the military facilities
and training ranges of the United States overseas for all perma
nent stations and deployed locations, including the condition
of land and improvements at such facilities and ranges and
the availability of additional land, if required, for such facilities
and ranges;
(C) identify the amounts received by the United States,
whether in direct payments, in-kind contributions, or otherwise,
from foreign countries by reason of military facilities of the
United States overseas;
(D) assess whether or not the current military basing and
training range structure of the United States overseas is ade
quate to meet the current and future mission of the Department
of Defense, including contingency, mobilization, and future force
requirements;
(E) assess the feasibility and advisability of the closure
or realignment of military facilities of the United States over
seas, or of the establishment of new military facilities of the
United States overseas; and
(F) consider or assess any other issue relating to military
facilities of the United States overseas that the Commission
considers appropriate.
(3)(A) Not later than December 31, 2004, the Commission shall
submit to the President and Congress a report which shall contain
a detailed statement of the findings and conclusions of the Commis
sion, together with its recommendations for such legislation and
administrative actions as it considers appropriate.
(B) In addition to the matters specified in subparagraph (A),
the report shall also include a proposal by the Commission for
an overseas basing strategy for the Department of Defense in order
to meet the current and future mission of the Department.
(c) POWERS.--{l) The Commission may hold such hearings,
sit and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this section.
(2) The Commission may secure directly from any Federal
department or agency such information as the Commission con
siders necessary to carry out this section. Upon request of the
Chairman of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(3) Upon request of the Commission, the Administrator of Gen
eral Services shall provide to the Commission, on a reimbursable
H.R.2559-11
basis, the administrative support necessary for the Commission
to carry out its duties under this section.
(4) The Commission may use the United States mails in the
same manner and under the same conditions as other departments
and agencies of the Federal Government.
(5) The Commission may accept, use, and dispose of gifts or
donations of services or property.
(d) PERSONNEL MATI'ERS.-(1) Each member of the Commission
who is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which such member is
engaged in the performance of the duties of the Commission under
this section. All members of the Commission who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or employees
of the United States.
(2)(A) Members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates author
ized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or
regular places of business in the performance of services for the
Commission under this section.
(B) Members and staff of the Commission may receive transpor
tation on military aircraft to and from the United States, and
overseas, for purposes of the performance of the duties of the
Commission to the extent that such transportation will not interfere
with the requirements of military operations.
(3)(A) The Chairman of the Commission may, without regard
to the civil service laws and regulations, appoint and terminate
an executive director and such other additional personnel as may
be necessary to enable the Commission to perform its duties under
this section. The employment of an executive director shall be
subject to confirmation by the Commission.
(B) The Commission may employ a staff to assist the Commis
sion in can;ying out its duties. The total number of the staff of
the Commission, including an executive director under subpara
graph (A), may not exceed 12.
(C) The Chairman of the Commission may fix the compensation
of the executive director and other personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable for
level V of the Executive Schedule under section 5316 of such title.
(4) Any employee of the Department of Defense, the Department
of State, or the General Accounting Office may be detailed to
the Commission without reimbursement, and such detail shall be
without interruption or loss of civil service status or privilege.
(5) The Chairman of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level
V of the Executive Schedule under section 5316 of such title.
H. R. 2559-12
(e) SECURITY.-(l) Members and staff of the Commission, and
any experts and consultants to the Commission, shall possess secu
rity clearances appropriate for their duties with the Commission
under this section.
(2) The Secretary of Defense shall assume responsibility for
the handling and disposition of any information relating to the
national security of the United States that is received, considered,
or used by the Commission under this section.
<0 TERMINATION.-The Commission shall terminate 45 days
after the date on which the Commission submits its report under
subsection (b).
(g) FUNDING.-(l) Of the amount appropriated by this Act,
$3;000,000 shall be available to the Commission to carry out this
section.
(2) The amount made available by paragraph (1) shall remain
available, without fiscal year limitation, until September 2005.
This Act may be cited as the "Military Construction Appropria
tions Act, 2004".
Speaker of the House of Representatives.
Vice President of the United States and

President of the Senate.
108TH CONGRESS} { REPORT
1st Session HOUSE OF REPRESENTATIVES 108-342
MAKING APPROPRIATIONS FOR MILITARY CONSTRUCTION, FAMILY HOUS·

lNG, AND BASE REALIGNMENT AND CLOSURE FOR THE DEPARTMENT
OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004, AND
FOR OTHER PURPOSES
NOVEMBER 4, 2003.-Ordered to be printed
Mr. KNOLLENBERG, from the committee of conference, submitted

the following
CONFERENCE REPORT
[To accompany H.R. 2559]
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R. 2559)
"making appropriations for military construction, family housing,
and base realignment and closure for the Department of Defense
for the fiscal year ending September 30, 2004, and for other pur
poses," having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as fol
lows:
That the House recede from its disagreement to the amend
ment of the Senate, and agree to the same with an amendment, as
follows:
In lieu of the matter stricken and inserted by said amendment,
insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated for military construction, fam
ily housing, and base realignment and closure functions adminis
tered by the Department of Defense, for the fiscal year ending Sep
tember 30, 2004, and for other purposes, namely:
MIliTARY CONSTRUCTION, ARMY
ties, and real property for the Army as currently authorized by law,
including personnel in the Army Corps of Engineers and other per
sonal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the func
tions of the Commander in Chief, $1,448,239,000, to remain avail
90-228
2
able until September 30, 2008: Provided, That of this amount, not
to exceed $126,833,000 shall be available for study, planning, de
sign, architect and engineer services, and host nation support, as
authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies
the Committees on Appropriations of both Houses of Congress of his
determination and the reasons therefor: Provided further, That of
the funds appropriated for "Military Construction, Army" under
Public Law 107-249, $137,850,000 are rescinded: Provided further,
That of the funds appropriated for "Military Construction, Army"
under Public Law 107-64, $24,000,000 are rescinded: Provided fur
ther, That of the funds appropriated for "Military Construction,
Army" under Public Law 106-246, $17,415,000 are rescinded: Pro
vided further, That of the funds appropriated for "Military Con
struction, Army" under Public Law 106-52, $4,350,000 are re
scinded.
MIliTARY CONSTRUCTION, NAVY
temporary or permanent public works, naval installations, facilities,
and real property for the Navy as currently authorized by law, in
cluding personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this appro
priation, $1,238,458,000, to remain available until September 30,
shall be available for study, planning, design, architect and engi
neer services, as authorized by law, unless the Secretary of Defense
Navy" under Public Law 107-249, $27,213,000 are rescinded: Pro
vided further, That of the funds appropriated for "Military Con
struction, Navy" under Public Law 107-64, $18,409,000 are re
scinded.
MIliTARY CONSTRUCTION, AIR FORCE
ties, and real property for the Air Force as currently authorized by
law, $1,067,751,000, to remain available until September 30, 2008:
Provided, That of this amount, not to exceed $95,778,000 shall be
available for study, planning, design, architect and engineer serv
ices, as authorized by law, unless the Secretary of Defense deter
mines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of his determination and the reasons therefor: Provided
Air Force" in Public Law 107--249, $23,000,000 are rescinded.
3
. For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of De
_ fense (other than the military departments), as currently authorized
by law, $773,471,000, to remain available until September 30, 2008:
Provided, That such amounts of this appropriation as may be deter
mined by the Secretary of Defense may be transferred to such appro
priations of the Department of Defense available for military con
struction or family housing as he may designate, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided
further, That of the amount appropriated, not to exceed $65,130,000
shall be available for study, planning, design, architect and engi
neer services, as authorized by law, unless the Secretary of Defense
Defense-wide" under Public Law 107-249, $72,309,000 are re
scinded.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construc
September 30, 2008.
Air National Guard, and contributions therefor, as authorized by
September 30, 2008.
MIliTARY CONSTRUCTION, ARMY RESERVE
conversion of facilities for the training and administratio.n of the
Army Reserve as authorized by chapter 1803 of title 10, United
$88,451,000, to remain available until September 30, 2008.
MIliTARY CONSTRUCTION, NAVAL RESERVE
conversion of facilities for the training and administration of the re
serve components of the Navy and Marine Corps as authorized by
4
tion Authorization Acts, $45,498,000, to remain available until Sep
tember 30, 2008.
MIliTARY CONSTRUCTION, AIR FORCE RESERVE
_ Air Force Reserve as authorized by chapter 1803 of title 10, United
$62,032,000, to remain available until September 30,2008.
NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM

For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisi
tion and construction of military facilities and installations (includ
ing international military headquarters) and for related expenses
for the collective defense of the North Atlantic Treaty Area as au
thorized in Military Construction Authorization Acts and section
2806 of title 10, United States Code, $169,300,000, to remain avail
able until expended: Provided, That of the funds appropriated for
"North Atlantic Treaty Organization Security Investment Program"
under Public Law 107-249, $8,000,000 are rescinded.
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension
and alteration, as authorized by law, $383,591,000, to remain avail
able until September 30, 2008: Provided, That of the funds appro
priated for "Family Housing Construction, Army" under Public Law
107-249, $94,151,000 are rescinded.
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as author
ized by law, $1,033,026,000.
for construction, including acquisition, replacement, addition, ex
pansion, extension and alteration, as authorized by law,
$184,193,000, to remain available until September 30, 2008: Pro
vided, That of the funds appropriated for "Family Housing Con
struction, Navy and Marine Corps" under Public Law 107-249,
$40,508,000 are rescinded.
5
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND
MARINE CORPS
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $835,078,000.
For expenses of family housing for the Air Force for construc
tion, including acquisition, replacement, addition, expansion, exten
sion and alteration, as authorized by law, $657,065,000, to remain
available until September 30, 2008: Provided, That of the funds ap
propriated for "Family Housing Construction, Air Force" under
Public Law 107-249, $19,347,000 are rescinded.
For expenses of family housing for the Air Force for operation
FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE
for construction, including acquisition, replacement, addition, ex
pansion, extension and alteration, as authorized by law, $350,000,
to remain available until September 30, 2008.
for operation and maintenance, leasing, and minor construction, as
For the Department of Defense Family Housing Improvement
Fund, $300,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of title 10,
United States Code, providing alternative means of acquiring and
improving military family housing and supporting facilities: Pro
vided, That offunds available in the "Family Housing Improvement
Fund", $9,692,000 are rescinded.
For deposit into the Department of Defense Base Closure Ac
count 1990 established by section 2906(a)(1) of the Department of
Defense Authoriza.tion Act, 1991 (Public Law 101-510),
$370,427,000, to remain available until expended.
6
GENERAL PROVISIONS
tion Appropriations Acts shall be expended for payments under a
cost-plus-a-fixed-fee contract for construction, .where cost estimates
exceed $25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the Secretary of
Defense setting forth the reasons therefor.
SEC. 102. Funds appropriated to the Department of Defense for
construction shall be available for hire of passenger motor vehicles.
construction may be used for advances to the Federal Highway Ad
ministration, Department of Transportation, for the construction of
access roads as authorized by section 210 of title 23, United States
Code, when projects authorized therein are certified as important to
the national defense by the Secretary of Defense.
SEC. 104. None of the funds appropriated in this Act may be
used to begin construction of new bases inside the continental
United States for which specific appropriations have not been made.
SEC. 105. No part of the funds provided in Military Construc
tion Appropriations Acts shall be used for purchase of land or land
easements in excess of 100 percent of the value as determined by the
Army Corps of Engineers or the Naval Facilities Engineering Com
mand, except: (1) where there is a determination of value by a Fed
eral court; (2) purchases negotiated by the Attorney General or his
designee; (3) where the estimated value is less than $25,000; or (4)
as otherwise determined by the Secretary of Defense to be in the
public interest.
tion Appropriations Acts shall be used to: (1) acquire land; (2) pro
vide for site preparation; or (3) install utilities for any family hous
ing, except housing for which funds have been made available in
annual Military Construction Appropriations Acts.
tion Appropriations Acts for minor construction may be used to
transfer or relocate any activity from one base or installation to an
other, without prior notification to the Committees on Appropria
tions.
SEC. 108. No part of the funds appropriated in Military Con
struction Appropriations Acts may be used for the procurement of
steel for any construction project or activity for which American
steel producers, fabricators, and manufacturers have been denied
the opportunity to compete for such steel procurement.
SEC. 109. None of the funds available to the Department of De
fense for military construction or family housing during the current
fiscal year may be used to pay real property taxes in any foreign na
tion.
tion Appropriations Acts may be used to initiate a new installation
overseas without prior notification to the Committees on Appropria
tions.
tion Appropriations Acts may be obligated for architect and engi
neer contracts estimated by the Government to exceed $500,000 for
projects to be accomplished in Japan, in any NATO member coun
7
try, or in countries bordering the Arabian Sea, unless such contracts
are awarded to United States firms or United States firms in joint
venture with host nation firms.
tion Appropriations Acts for military construction in the United
States territories and possessions in the Pacific and on Kwajalein
Atoll, or in countries bordering the Arabian Sea, may be used to
award any contract estimated by the Government to exceed
$1,000,000 to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest responsive
and responsible bid of a United States contractor exceeds the lowest
responsive and responsible bid of a foreign contractor by greater
than 20 percent: Provided further, That this section shall not apply
to contract awards for military construction on Kwajalein Atoll for
which the lowest responsive and responsible bid is submitted by a
Marshallese contractor.
SEC. 113. The Secretary of Defense is to inform the appropriate
committees of Congress, including the Committees on Appropria
tions, of the plans and scope of any proposed military exercise in
volving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent,
are anticipated to exceed $100,000.
SEC. 114. Not more than 20 percent of the appropriations in
Military Construction Appropriations Acts which are limited for ob
ligation during the current fiscal year shall be obligated during the
last 2 months of the fiscal year.
(TRANSFER OF FUNDS)

construction in prior years shall be available for construction au
thorized for each such military department by the authorizations en
acted into law during the current session of Congress.
SEC. 116. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design
on those projects and on subsequent claims, if any.
SEC. 117. Notwithstanding any other provision of law, any
funds appropriated to a military department or defense agency for
the construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were appropriated
if the funds obligated for such project: (l) are obligated from funds
available for military construction projects; and (2) do not exceed
the amount appropriated for such project, plus any amount by
which the cost of such project is increased pursuant to law.
(TRANSFER OF FUNDS)
SEC. 118. During the 5-year period after appropriations avail

able to the Department of Defense for military construction and
family housing operation and maintenance and construction have
expired for obligation, upon a determination that such appropria
tions will not be necessary for the liquidation of obligations or for
making authorized adjustments to such appropriations for obliga
8
tions incurred during the period of availability of such appropria
tions, unobligated balances of such appropriations may be trans
ferred into the appropriation "Foreign Currency Fluctuations, Con
st1'uction, Defense" to be merged with and to be available for the
same time period and for the same purposes as the appropriation
to which transferred.
SEC. 119. The Secretary of Defense is to provide the Committees
- on Appropriations of the Senate and the House of Representatives
with an annual report by February 15, containing details of the spe
cific actions proposed to be taken by the Department of Defense dur
ing the current fiscal year to encourage other member nations of the
North Atlantic Treaty Organization, Japan, Korea, and United
States allies bordering the Arabian Sea to assume a greater share
of the common defense burden of such nations and the United
States.
(TRANSFER OF FUNDS)
SEC. 120. During the current fiscal year, in addition to· any
other transfer authority available to the Department of Defense, pro
ceeds deposited to the Department of Defense Base Closure Account
established by section 207(a)(1) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526) pursuant to section 207(a)(2)(C) of such Act, may be trans
ferred to the account established by section 2906(a)(1) of the Depart
ment of Defense Authorization Act, 1991, to be merged with, and to
be available for the same purposes and the same time period as that
account.
(TRANSFER OF FUNDS)
SEC. 121. Subject to 30 days prior notification to the Commit
tees on Appropriations, such additional amounts as may be deter
mined by the Secretary of Defense may be transferred to the Depart
ment of Defense Family Housing Improvement Fund from amounts
appropriated for construction in "Family Housing" accounts, to be
merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund:
Provided, That appropriations made available to the Fund shall be
available to cover the costs, as defined in section 502(5) of the Con
gressional Budget Act of 1974, of direct loans or loan guarantees
issued by the Department of Defense pursuant to the provisions of
subchapter N of chapter 169, title 10, United States Code, per
taining to alternative means of acquiring and improving military
family housing and supporting facilities.
SEC. 122. None of the funds appropriated or made available by
this Act may be obligated for Partnership for Peace Programs in the
New Independent States of the former Soviet Union. .
SEC. 123. (a) Not later than 60 days before issuing any solicita
tion for a contract with the private sector for military family hous
ing the Secretary of the military department concerned shall submit
to the congressional defense committees the notice described in sub
section (b).
(b)(l) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments)
proposed to be made by the Secretary· to the private party under the
contract involved in the event of
9
(Aj the closure or realignment of the installation for which

housing is provided under the contract;
(B) a reduction in force of units stationed at such installa
tion; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the nature of
- the guarantee involved and assess the extent and likelihood, if any,
of the liability of the Federal Government with respect to the guar
antee.
(c) In this section, the term "congressional defense committees"
means the following:
(l) The Committee on Armed Services and the Military
the Senate.
the House of Representatives.
(TRANSFER OF FUNDS)
amounts may be transferred from the account established by section
2906(a)(l) of the Department of Defense Authorization Act, 1991, to
the fund established by section 1013(d) of the Demonstration Cities
and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay
for expenses associated with the Homeowners Assistance Program.
Any amounts transferred shall be merged with and be available for
the same purposes and for the same time period as the fund to
which transferred.
SEC. 125. Notwithstanding this or any other provision of law,
funds appropriated in Military Construction Appropriations Acts for
operations and maintenance of family housing shall be the exclusive
source of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided, That not
more than $35,000 per unit may be spent annually for the mainte
nance and repair of any general or flag officer quarters without 30
days advance prior notification to the appropriate committees of
Congress, except that an after-the-fact notification shall be sub
mitted if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably antici
pated at the time of the budget submission: Provided further, That
the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations all operations and mainte
nance expenditures for each individual general or flag officer quar
ters for the prior fiscal year.
SEC. 126. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the
United States Government, except pursuant to a transfer made by,
or transfer authority provided in, this Act or any other appropria
tion Act.
SEC. 127. No funds appropriated in this Act under the heading
"North Atlantic Treaty Organization Security Investment Program",
and no funds appropriated for any fiscal year before fiscal year
10
2004 for that program that remain available for obligation, may be
obligated or expended for the conduct of studies of missile defense.
SEC. 128. (a) COMMISSION ON REVIEW OF OVERSEAS MIliTARY
FACILITY STRUCTURE OF THE UNITED STATES.-{1) There is estab
lished the Commission on the Review of the Overseas Military Facil
ity Structure of the United States (in this section referred to as the
"Commission").
(2)(A) The Commission shall be composed of eight members of
whom
(i) 2 shall be appointed by the Majority Leader of the Sen
ate'
, (ii) 2 shall be appointed by the Minority Leader of the Sen
ate;
(iii) 2 shall be appointed by the Speaker of the House of
Representatives; and
(iv) 2 shall be appointed by the Minority Leader of the
House of Representatives.
(B) Individuals appointed to the Commission shall have signifi
cant experience in the national security or foreign policy of the
United States.
(C) Appointments of the members of the Commission shall be
made not later than 45 days after the date of the enactment of this
Act.
(3) Members shall be appointed for the life of the Commission.
Any vacancy in the Commission shall not affect its powers, but shall
be filled in the same manner as the original appointment.
(4) Not later than 30 days after the date on which all members
of the Commission have been appointed, the Commission shall hold
its first meeting.
(5) The Commission shall meet at the call of the Chairman.
(6) A majority of the members of the Commission shall con
stitute a quorum, but a lesser number of members may hold hear
ings.
(7) The Commission shall select a Chairman and Vice Chair
man from among its members.
(b) DUTIES.-{J) The Commission shall conduct a thorough
study of matters relating to the military facility structure of the
United States overseas.
(2) In conducting the study, the Commission shall
(A) assess the number of forces required to be forward
based outside the United States;
(B) examine the current state of the military facilities and
training ranges of the United States overseas for all permanent
stations and deployed locations, including the condition of land
and improvements at such facilities and ranges and the avail
ability of additional land, if required, for such facilities and
ranges;
(C) identify the amounts received by the United States,
whether in direct payments, in-kind contributions, or otherwise,
from foreign countries by reason of military facilities of the
United States overseas;
.(D) assess whether or not the current military basing and
training range structure of the United States overseas is ade
quate to meet the current and future mission of the Department
11
of Defense, including contingency, mobilization, and future
force requirements;
(E) assess the feasibility and advisability of the closure or
realignment of military facilities of the United States overseas,
or of the establishment of new military facilities of the United
States overseas; and
(F) consider or assess any other issue relating to military
facilities of the United States overseas that the Commission con
siders appropriate.
(3)(A) Not later than December 31, 2004, the Commission shall
submit to the President and Congress a report which shall contain
a detailed statement of the findings and conclusions of the Commis
sion, together with its recommendations for such legislation and ad
ministrative actions as it considers appropriate.
(B) In addition to the matters specified in subparagraph (A),
the report shall also include a proposal by the Commission for an
overseas basing strategy for the Department of Defense in order to
meet the current and future mission of the Department.
(c) POWERS.-{l) The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable to carry out
this section.
(2) The Commission may secure directly from any Federal de
partment or agency such information as the Commission considers
necessary to carry out this section. Upon request of the Chairman
of the Commission, the head of such department or agency shall fur
nish such information to the Commission.
(3) Upon request of the Commission, the Administrator of Gen
eral Services shall provide to the Commission, on a reimbursable
basis, the administrative support necessary for the Commission to
carry out its duties under this section.
(4) The Commission may use the United States mails in the
same manner and under the same conditions as other departments
and agencies of the Federal Government.
(5) The Commission may accept, use, and dispose of gifts or do
nations of services or property.
(d) PERSONNEL MATTERS.-{l) Each member of the Commission
who is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the annual
rate of basic pay prescribed for level N of the Executive Schedule
under section 5315 of title 5, United States Code, for each day (in
cluding travel time) during which such member is engaged in the
performance of the duties of the Commission under this section. All
members of the Commission who are officers or employees of the
United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(2)(A) Members of the Commission shall be allowed travel ex
penses, including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission
under this section. .
(B) Members and staff of the Commission may receive transpor
tation on military aircraft to and from the United States, and over
12
seas, for purposes of the performance of the duties of the Commis
sion to the extent that such transportation will not interfere with the
requirements of military operations.
(3)(A) The Chairman of the Commission may, without regard to
the civil service laws and regulations, appoint and terminate an ex
ecutive director and such other additional personnel as may be nec
essary to enable the Commission to perform its duties under this
- section. The employment of an executive director shall be subject to
confirmation by the Commission.
(B) The Commission may employ a staff to assist the Commis
sion in carrying out its duties. The total number of the staff of the
Commission, including an executive director under subparagraph
(A), may not exceed 12.
(C) The Chairman of the Commission may fix the compensation
of the executive director and other personnel without regard to chap
ter 51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(4) Any employee of the Department of Defense, the Department
of State, or the General Accounting Office may be detailed to the
Commission without reimbursement, and such detail shall be with
out interruption or loss of civil service status or privilege.
(5) The Chairman of the Commission mal procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level V of
the Executive Schedule under section 5316 of such title.
(e) SECURITY.-{l) Members and staff of the Commission, and
any experts and consultants to the Commission, shall possess secu
rity clearances appropriate for their duties with the Commission
under this section.
(2) The Secretary of Defense shall assume responsibility for the
handling and disposition of any information relating to the national
security of the United States that is received, considered, or used by
the Commission under this section.
(fJ TERMINATION.-The Commission shall terminate 45 days
after the date on which the Commission submits its report under
subsection (b).
(g) FUNDlNG.-{l) Of the amount appropriated by this Act,
$3,000,000 shall be available to the Commission to carry out this
section.
(2) The amount made available by paragraph (l) shall remain
available, without fiscal year limitation, until September 2005.
This Act may be cited as the "Military Construction Appropria
tions Act, 2004".
And the Senate agree to the same.
JOE KNOLLENBERG,
JAMES T. WALSR,
ROBERT B. ADERHOLT,
KAy GRANGER,
VIRGIL GoODE,
DAVID VITTER,
JACK KINGSTON,
13
ANDER CRENSHAW,
BILL YOUNG,
CHET EDWARDS,
SAM FARR,
ALLEN BOYD,
SANFORD D. BISHOP, Jr.,
NORMAN DICKS,
DAVID OBEY,
Managers on the Part of the House.

KAy BAILEY HUTCHISON,
CONRAD BURNS,
LARRY E. CRAIG,
MIKE DEWINE,
SAM BROWNBACK,
TED STEVENS,
DIANNE FEINSTEIN,
DANIEL K. INOUYE,
TIM JOHNSON,
MARy LAN'DRIEU,
ROBERT C. BYRD,
Managers on the Part of the Senate.

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF
CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 2559) making appropria
tions for the Department of Defense for the fiscal year endmg Sep
tember 30, 2004, and for other purposes, submit the following joint
statement to the House of Representatives and the Senate in expla
nation of the effect of the action agreed upon by the managers and
recommended in the accompanying conference report.
The Senate deleted the entire House bill after the enacting
clause and inserted the Senate bill (S. 1357). The conference agree
ment includes a revised bill.
ITEMS OF GENERAL INTEREST
Matters Addressed by Only One Committee.-The language and
allocations set forth in House Report 108-173 and Senate Report
108-82 should be complied with unless specifically addressed to the
contrary in the conference report and statement of the managers.
Report language included by the House which is not changed by
the report of the Senate or the conference, and Senate report lan
guage which is not changed by the conference is approved by the
committee of conference. The statement of the managers, while re
peating some report language for emphasis, does not intend to ne
gate the language referred to above unless expressly provided here
in. In cases where the House or the Senate have directed the sub
mission of a report from the Department of Defense, such report
is to be submitted to both House and Senate Committees on Appro
priations.
Army National Guard and Reserve Mobilization Facilities.
The conferees are concerned about the growing demand being
placed upon mobilization facilities required to support Army Na
tional Guard and Reserve personnel. The conferees, therefore, di
rect the Chief of Staff of the Army to submit a report no later than
April 15, 2004, which assesses the current status of Army National
Guard and Reserve mobilization facilities and describes their ade
quacy to house, train, prepare, mobilize and demobilize soldiers. In
particular the report should assess and make recommendations re
garding mobilization centers' capacity to billet soldiers held for ex
tended periods of time including for medical care and evaluation
purposes. Likewise, the report should evaluate and make rec
ommendations to improve the management of billeting resources
that support mobilization.
Audit Trail Documents.-The conferees direct the Department
to reinstate, beginning in March 2004, the semi-annual submission
of audit trail documents as directed in House Report 99-275. These
reports shall include line item detail on projects as budgeted in the
(15)
16
Construction Annex and also include line item detail on projects
funded under Minor Construction and Family Housing Improve
ments. The semi-annual reports shall include, but not be limited to,
the following: (a) project amount (appropriation); (b) changes due to
formal and below threshold reprogrammings; and (c) the current
working estimate for each project. The audit trail documents shall
reflect projects from fiscal year 2000 forward.
Barracks Privatization.-The conferees agree that the Depart
ment should implement without delay the recommendations in
General Accounting Office (GAO) report "Military Housing: Oppor
tunities That Should Be Explored to Improve Housing and Reduce
Costs for Unmarried Junior Service members, GAO-03-602, June
10, 2003." One of the findings of the GAO report is that the De
partment of Defense (DoD) and the services had not fully explored
barracks privatization to determine whether the concept could pro
vide a better economic value to the government than the use of
military construction financing. As indicated in the FY 2003 Con
ference Report, the conferees continue to support the barracks pri
vatization initiative and look forward to the Department of Navy
report on lessons learned after implementation of three pilot
projects (one in Norfolk, Virginia, and one each in San Diego and
Camp Pendleton, California). The conferees continue to be con
cerned about the unknown consequences of commingling barracks
privatization funds with family housing funds and the resulting in
tegrity of the fiscal audit trail. Specifically, the conferees are con
cerned that the DoD and Congress must be able to clearly identify
and track the financial advantages of privatizing unaccompanied
barracks versus the traditional military construction approach.
Merging the family housing and unaccompanied housing accounts
cannot be endorsed by the conferees until further clarification of
the project scope, debt structure, and impact on funding require
ments can be presented.
Family Housing Operation and Maintenance: Financial Man
agement.-The conferees agree to continue the restriction on the
transfer of funds among subaccounts in the family housing oper
ation and maintenance accounts. The limitation is ten percent to
all primary accounts and subaccounts. Such transfers are to be re
ported to the appropriate Committees within thirty days of such ac
tion.
Family Housing Operation and Maintenance Reductions.-The
conferees are concerned that the assumptions and methods under
lying the budget request for family housing operation and mainte
nance accounts are not adequately explained by the service compo
nents. To better evaluate the efficacy of these estimates, and to
more fully understand this account and its subaccounts, the con
ferees direct the GAO to conduct a study on the assumptions and
methods utilized by each service component to develop their respec
tive estimates,' and to report to Congress no later than April 15,
2004.
Because of apparent miscalculations in estimating require
ments, the conferees agree to reduce $10,000,000 each from the
Army and Air Force operation and maintenance accounts. In addi
tion, the conferees agree to reduce $17,700,000 from the Navy ac
count, of which $7,700,000 is from the management account. Un
-- ...
----------~_ _----~-~----------
17
like the other service components, the Navy failed to adequately ac
count for the reduction in housing units due to the public/private
venture initiative.
The conferees are extremely concerned about transfers between
the various family housing operation and maintenance sub
accounts. Therefore, in addition to the above GAO study, the con
ferees direct GAO to review the transfer of funds between these ac
-- counts, including amounts over and under the established thresh
old and to report to Congress no later than April 15, 2004.
Housing Privatization: Rescission of Funds and Notification
Requirements of Reductions in Funding.-The conferees agree to
rescind $48,099,000 from Family Housing Construction accounts to
reflect savings from projects where estimated equity contributions
were unnecessary. Section 2853 of Title 10, United States Code, re
quires congressional notification of intent to cancel or reduce the
scope of a previously approved military construction or family hous
ing project by more than 25 percent. The conferees note this re
quirement applies to funds appropriated in the family housing im
provement accounts for the purpose of privatizing military family
housing. The Service Secretaries are, therefore, required to submit
a 21-day prior notification of intent to cancel or reduce the amount
previously appropriated for a specific housing privatization project
by more than 25 percent. The notification shall include the amount
of the reduction and the reasons therefor.
Clarification of Housing Privatization Reporting Require
ments.-In accordance with current law, the Service Secretaries are
required to submit a 30-day prior notification of each contract for
the acquisition or construction of family housing units that the Sec
retary proposes to solicit under the housing privatization authori
ties and for each conveyance or lease proposed under Section 2878
of Title 10, United States Code.
Overseas Master Plans.-The conferees direct the Department
to prepare comprehensive master plans for overseas military infra
structure and to submit the plans with the fiscal year 2006 budget
submission instead of the fiscal year 2005 budget submission as
proposed by the Senate. In addition, the conferees agree a report
on the status of the comprehensive plans and their implementation
is to be submitted with each yearly military construction budget
submission through fiscal year 2009 instead of fiscal year 2008 as
proposed by the Senate. Master plans are valuable planning docu
ments. Therefore, the conferees may extend this requirement to in
stallations in the continental United States.
Perchlornte.-The conferees direct the Department to submit a
report identifying the sources of perchlorate on Base Realignment
and Closure (BRAC) properties and the plans to remediate per
chlorate contamination on these sites no later than April 30, 2004,
instead of March 30, 2004 as proposed by the Senate. '
MILITARY CONSTRUCTION, ARMY
The conference agreement appropriates $1,448,239,000 for
Military Construction, Army, instead of $1,533,660,000 as proposed
by the House and $1,255,155,000 as proposed by the Senate. With
18
in this amount, the conference agreement earmarks $126,833,000
for study, planning, design, architect and engineer services, and
host nation support instead of $122,710,000 as proposed by the
House and $134,645,000 as proposed by the Senate. The conference
agreement rescinds $183,615,000 from funds previously provided to
this account as proposed by the House and Senate. The rescissions
include the following amounts:
Public Law/locatlQn Proj.ct tnl. HOIIse S.n.te Conference
Public law 107-249 (FY

2003):
Germany: Bamberg .. Child Development Genter .. -$7,000,000 - $7,000,000 - $7,000,000
Germany: Bamberg .. Barracks Complex-Warner . -10,200,000 - 10,200,000 - 10,200,000
Germany: Coleman Bar Upgrade Access Control Points .. -1,350,000 -1,350,000 -1,350,000
racks.
Germany: Oarmstadt .. Modified Record Fire Range . -3,500,000 - 3,500,000 -3,500,000
Germany: Mannllejm .. Barracks Complex-Coleman .. - 42,000,000 - 42,000,000 - 42,000,000
Germany: Schweinfurt .. Central Vehicle Wash Facility .. -2,000,000 -2,000,000 -2,000,000
Korea: Camp Bonifas . Physical fitness Training Genter -4,350,000 -4,350,000 0
Korea: Camp Castle . Physical Fitness Training Center -6,800,000 - 6,800,000 -6,800,000
Korea: Camp Hovey .. Barracks Complex . - 25,000,000 - 25,000,000 - 25,000,000
Korea: K-16 Airfield .. Barracks Complex . - 40,000,000 - 40,000,000 -40,000000
Subtotal . - 142,200,000 - 142,200,000 -137,850,000
Public law 107-S4 (FY

2002):
Korea: Camp Hovey Barracks Complex-Bid Savings - 10,770,000 - 10,770,000 -10,770,000
Korea: Camp Stanley Barracks Complex-Bid Savings - 13,230,000 - 13,230,000 - 13,230,000
Subtotal . - 24,000,000 - 24,000,000 - 24,000,000
PUblic law 106-246 (FY 2001): Barracks Complex . - 17,415,000 -17,415,000 -17,415,000
Korea: Camp Page.
Subtotal .. -17,415,000 -17,415,000 -17,415,000
Public law 106-52 (FY 2000): Physical fitness Training Center -4,350,000
Korea: Camp Bonifas.
Subtotal . -4,350,000
Total . -183,615,000 -183,615,000 -183,615,000
Alabama-Anniston Army Depot: Powertrain Maintenance Fa

cility.-The conferees agree that within funds provided for planning
and design in this account, $1,000,000 shall be made available to
design this facility instead of $1,050,000 in minor construction
funds to construct a general instruction building at Anniston Army
Depot, Alabama as proposed by the House.
Korea-Camp Humphreys: Barracks.-The administration has
informed Congress of its plans to move substantial numbers of
Dnited States forces in Korea to bases south of their present loca
tions, with Camp Humphreys being the primary consolidation point
for the shift ofD.S. Army combat forces and for personnel currently
stationed at Yongsan Garrison. To support this transformation, the
May 1, 2003 budget amendment requested that $212,000,000 in FY
2004 and prior year construction projects intended for other bases
in Korea be moved to Camp Humphreys; extensive additional con
struction at the base is planned for future fiscal years. However,
according to U.S. Forces Korea officials, no master plan exists for
19
construction at Camp Humphreys, and cost-sharing arrangements
to fund the move of U.S. forces are still under negotiation between
the governments of the United States and the Republic of Korea.
While the conferees support the Defense Department's overall
plan for the relocation of U.S. forces in Korea and have provided
funding in this appropriations bill for two projects at Camp Hum
phreys, they are concerned that planning for this significant under
- taking is insufficiently developed at this time. Though planning
may proceed, construction may not proceed on the two barracks at
Camp Humphreys provided for in this Act until:
(1) A master facilities plan is developed for the entire
Camp Humphreys installation which accommodates the antici
pated relocation of U.S. forces to that facility; and
(2) Cost-sharing arrangements for the relocation of U.S.
forces are agreed to by the governments of the United States
and the Republic of Korea.
Upon completion, the master facilities plan should be pre
sented to the Military Construction Subcommittees.
MILITARY CONSTRUCTION, NAVY
Military Construction, Navy, instead of $1,211,077,000 as proposed
by the House and $1,195,659,000 as proposed by the Senate. With
in this amount, the conference agreement earmarks $71,001,000 for
study, planning, design, architect and engineer services instead of
$65,612,000 as proposed by the House and $77,283,000 as proposed
by the Senate. The conference agreement rescinds $45,622,000
from funds previously provided to this account instead of
$39,322,000 as proposed by the House and Senate. The rescissions
include the following amounts:
PUblic law/location Project title House Senate Conference
Public Law 107-249 (FY

2003):
North Carolina: Cherry T-56 Jet Engine Test Cell .......... -5,942,000 - 5,942,000 - 5.942,000
Point.
Greece: Larissa ................. Bachelor Enlisted Quarters ........ -6,592,000 -6,592,000 -6,592,000
Iceiand: Keflavik NAS ....... Combined Dining Facility ........... -14,679,000 - 14,679,000 - 14,679,000
SUbtotal ....................... .................................................. . - 27,213,000 - 27,213,000 - 27 ,213,000
Public Law 107--ll4 (FY

2002):
California: EI Centro NAF .. Transient Quarters-Bid Sav -2,100,000
ings.
Guam: Guam NSA .............. Bachelor Enlisted Qlrs-Bid -4,200,000
Savings.
Greece: Larissa ................. Bachelor Enlisted Quarters ........ - 12,109,000 - 12,109,000 -12,109,000
Subtotal ......................... ...,................................................, -12,109,000 -12,109,000 - 18,409,000
Total .............................. ......................................., ............. - 39,322,000 - 39,322,000 - 45,622,000

20
MILITARY CONSTRUCTION, AIR FORCE
. The conference agreement appropriates $1,067,751,000 for
Military Construction, Air Force, instead of $896,136,000 as pro
posed by the House and $1,056,377,000 as proposed by the Senate.
Within this amount, the conference agreement earmarks
-- $95,778,000 for study, planning, design, architect and engineer
services instead of $80,543,000 as proposed by the House and
$112,075,000 as proposed by the Senate. Though not included in
the House or Senate bills, the conference agreement rescinds
$23,000,000 from funds provided to this account in Public Law
107-249 to reflect a classified project that is no longer needed.
Alaska-Eielson Air Force Base: Replace Working Dog Ken
nel.-The conferees agree that within funds provided for unspec
ified minor construction in this account, $1,400,000 shall be made
available to construct this facility instead of construction of a ken
nel at Elmendorf Air Force Base, Alaska as proposed by the Sen
ate.
California-Vandenberg Air Force Base: Consolidated Fitness
Center.-Although the conferees were unable to fund this project
due to severe funding constraints, the conferees recognize the im
portance and necessity of this facility and strongly urge the Sec
retary of Defense to include the project in the President's fiscal
year 2005 budget submission for the Air Force.
Wyoming-F.E. Warren Air Force Base: Stormwater Drainage
System.-Although the conferees were unable to fund this project
due to severe funding constraints, the conferees recognize the im
portance and necessity of this project and strongly urge the Sec
retary of Defense to include the project in the President's fiscal
year 2005 budget submission for the Air Force.
The conference agreement appropriates $773,471,000 for Mili
tary Construction, Defense-wide, instead of $813,613,000 as pro
posed by the House and $712,567,000 as proposed by the Senate.
Within this amount, the conference agreement earmarks
$65,130,000 for study, planning, design, architect and engineer
services instead of $63,884,000 as proposed by the House and
$70,881,000 as proposed by the Senate. The conference agreement
rescinds $72-,309 000 from funds previously provided to this ac
count instead of $32,680,000 as proposed by the House and Senate.
The rescission includes the following amounts:
Public Law/localion Projecll~le House Senate Conference

2003),
Germany: Spangdahlem AD Elementary School Classroom - 997,000 -997,000 -997,000
Addition.
Germany, Spangdahlem AB Hospital Replacement ................ 0 0 - 39,629,000
Korea: Seoul ....................... Middle School Replacement ....... -31,683,000 -31,683,000 - 31 ,683,000
Total .............................. .........................................., .......... - 32,680,000 - 32,680,000 - 72,309,000
21
Chemical Demilitarization.-As proposed by the House, the
conferees include funding for the construction of chemical demili
tarization facilities in the "Military Construction, Defense-wide" ac
count. The budget request proposed consolidating the military con
struction comfonent of the Chemical Demilitarization program in
the "Chemica Agents Munitions Defense" account funded in the
Defense Appropriations bill. In the future, the Department is di
- rected to request military construction requirements for this pro
gram under the "Military Construction, Defense-wide" account.
Energy Conservation Investment Program: Renewable Energy
Assessment.-The conferees direct the Department to submit a
final report regarding an assessment of the regional potential of re
newable energy generation, transmission, and distribution by in
dustry on or near Department of Defense installations in the
United States no later than November 30, 2004, instead of July 31,
2004 as proposed by the Senate.
Energy Conservation Investment Program: Overseas Projects.
Due to uncertainties regarding the future of overseas facilities, the
Department is directed to obligate no funds from the Energy Con
servation Investment Program to overseas projects.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
tary Construction, Army National Guard, instead of $208,033,000
as proposed by the House and $304,085,000 as proposed by the
Senate.
California-Sacramento: Organizational Maintenance
Shop.-The conferees agree that within funds provided for plan
ning and design in this account, $306,000 shall be made available
to design this facility instead of to design a readiness center as pro
posed by the Senate.
Colorado-Fort Carson: Centennial Training Site (Phases II
and III).-Of the funds provided for planning and design in this ac
count, the conferees direct that not less than $3,000,000 be made
available to design this facility.
Georgia-Hunter Army Airfield: Readiness Center.-The con
ferees encourage the Army National Guard to include this project
in the fiscal year 2005 budget request instead of an Army Aviation
Support Facility at Hunter Army Airfield as proposed by the
House.
Idaho-Gowen Field: TASS Barracks.-The conferees agree
that within funds provided for planning and design in this account,
$1,140,000 shall be made available to design this facility instead of
for minor construction as proposed by the Senate.
Iowa-Fort Dodge: Readiness Center.-The conferees agree
that within funds provided for unspecified minor construction,
$1,500,000 shall be made available to construct this facility instead
of constructing a readiness center at Camp Dodge, Iowa as pro
Missouri-Fort Leonard Wood: Weapons of Mass Destruction
(WMD) Responder Training Facility.-Funding was allocated in fis
cal year 2003 to design this new training facility. Fort Leonard
Wood is providing individual and certification training for Weapons
of Mass Destruction Civil Support Teams and DOD Installation
22
Emergency Responders. There are currently no dedicated facilities
to provide this training. Training of Chemical, Biological, Radio
logical, and Nuclear Installation Support Teams, Rapid Response
Teams, and Reconnaissance and Decontamination Teams for Civil
Support has been directed. Construction of the facility is urgently
needed to continue this critical homeland security training. The
conferees, therefore, strongly urge the Army to advance this project
- in the fiscal year 2005 budget request.
tary Construction, Air National Guard, instead of $77,105,000 as
proposed by the House and $221,013,000 as proposed by the Sen
ate.
MILITARY CONSTRUCTION, ARMY RESERVE
tary Construction, Army Reserve, instead of $84,569,000 as pro
MILITARY CONSTRUCTION, NAVAL RESERVE
tary Construction, Naval Reserve, instead of $38,992,000 as pro
MILITARY CONSTRUCTION, AIR FORCE RESERVE
tary Construction, Air Force Reserve, instead of $56,212,000 as
proposed by the House and $57,426,000 as proposed by the Senate.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
NATO Security Investment Program (NSIP).-The conferees
agree to rescind $8,000,000 from prior appropriations due to the
slow spend out rate of the program and the recurrence of carryover
amounts.
The conference agreement appropriates $383,591,000 for Fam
ily Housing Construction, Army, instead of $409,191,000 as pro
posed by the House and the Senate. The conference agreement re
scinds $94,151,000 from funds previously provided to this account
instead of $52,300,000 as proposed by the House and Senate. The
rescissions include the following amounts:
Public lJI"lloc.lion Prolacl tnl. House Senate canference

2003):
Hawaii: Schofield Barracks Privatize Family Housing .. - 21,000,000
Virginia: Fort Belvoir Privatize Family Housing . -B,700,000
---~~--------~~~~~~~~~~~~~-
23
Public Law/loc.lion PrOject t~le House Sen.te Conference
Germany: Oarmstadt . Improve 48 units .. -4.200.000 -4,200.000 -4,200.000

Germany: Mannheim .. Improve 72 units . -10,400.000 -10,400,000 -10,400,000
Germany: Mannheim .. Improve 60 units . -10,000,000 - 10,000,000 - 10,000,000
Germany: Heidelberg .. Improve 75 un~s .. 0 0 -12,151,000
Germany: Schweinfurt .. Improve 234 units .. -7,600,000 - 7,600,000 -7,600,000
Germany: Vilseck .. Improve 36 units .. -3,900,000 -3,900,000 - 3,900,000
Germany: Wuerzburg .. Improve 136 units . -11,200,000 -11,200,000 - 11 ,200,000
Korea: Yongsan . Improve 8 units . -1,900,000 -1,900,000 -1,900,000
Korea: Yongsan .. Replace 10 units .. -3,100,000 -3,100,000 -3,100,000
Total .
-----------
- 52,300,000 - 52,300.000 - 94,151,000
Construction Irnprovements.-The conferees agree to reduce the

amount provided for construction improvements in this account by
$25,600,000 to reflect savings from two projects no longer required
in Baumholder, Germany.
Family Housing Operation and Maintenance, Army instead of
$1,043,026,000 as proposed by the House and the Senate.
As proposed by the House, the conferees agree that operation
and maintenance funds should be authorized for one year rather
than for two years as proposed by the Senate.
The conference agreement rescinds $40,508,000 from funds
previously provided to this account instead of $3,585,000 as pro
posed by the House and Senate. The rescission includes the fol
lowing amounts:
Public Law/loc.tlOn Project title House Sen.t. Conference
Public law 107-249 (FY 2003):

California Monterey NPGS .. Privatize Family Housing ............ 0 0 - 18,399,000
Hawaii: Oahu ..................... Privatize Family Housing-Bid -3,585,000 -3.585,000 - 3,585,000
Savings.
United Kingdom: Saint Replace 62 units ........................ - 18,524,000
Mawgan.
Total .............,................. ..................................................... -3,585,000 -3,585,000 - 40,508,000
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE
CORPS

ily Housin~ Operation and Maintenance, Navy and Marine Corps,
instead of $852,778,000 as proposed by the House and the Senate.
24
ily :E:Jousing Construction, Air Force, as proposed by the House, in
stead of $657,026,000 as proposed by the Senate. The conference
agreement rescinds $19,347,000 from funds previously provided to
this account instead of $29,039,000 as proposed by the House and
Senate. The rescission includes the following amounts:
Public law/location Project lrtle House Senate Conference
Public law 107-249 (FY 2003), Improve Family Housing ............. -19.347.000 -19.347,000 -19,347,000
Germany Spangdahlem AB.
Subtotal ......................... ............... " .................................... -19,347,000 -19,347,000 -19,347,000
Public Law 105-237 (FY 1999), Privatize Family Housing ............ - 9,692,000 -9,692,000
Florida, Patrick AFB.
Subtotal ......................... ..................................................... -9,692,000 - 9,692,000
Total .............................. .. "., ................................ , .............. - 29,039,000 - 29,039,000 -19,347,000
The House and Senate proposed rescinding $9,692,000 from

this account for funds no lenger required for a housing privatiza
tion project at Patrick Air Force Base, Florida. The Department,
however, transferred these funds to the Family Housing Improve
ment Fund (FHIF) before their authorization expired. The con
ference agreement, therefore, rescinds this amount from the FHIF.
ily Housing Operation and Maintenance, Air Force, instead of
$826,074,000 as proposed by the House and $834,468,000 as pro
As discussed in the Family Housing Construction, Air Force ac
count, the conference agreement rescinds $9,692,000 from this ac
count because it is no longer required for a housing privatization
project at Patrick Air Force Base, Florida.
New York-Seneca Army Depot.-The conferees expect the
Army to comply fully with environmental remediation and building
25
maintenance requirements as required under the BRAC process at
Seneca Army Depot. The conferees direct the Army to provide a re
port to the Military Construction Subcommittees by March 15,
2004, detailing the current status of cleanup at Seneca Army
Depot, and to include a schedule for conveying the property to the
local economic development authority.
GENERAL PROVISIONS
The conference agreement includes general provisions (sections
101-122) that were not amended by either the House or Senate in
their versions of the bill.
The conference agreement includes a provision, section 123, as
proposed by the Senate, which requires the Secretary of Defense to
notify Congressional Committees sixty days prior to issuing a solic
itation for a contract with the private sector for military family
housing. The House bill contained no similar provision.
The conference agreement includes a provision, renumbered
section 124, as proposed by the House and the Senate, which pro
vides transfer authority from the Base Realignment and Closure
(BRAC) account to the Homeowners Assistance Program.
section 125, as proposed by the House, regarding funding for oper
ation and maintenance of General and Flag Officer Quarters
(GFOQs) to no more than $35,000 per year without notification.
The Senate bill contained a similar provision with additional lan
guage permitting the use of gift funds pursuant to 10 U.S.C. 2601
for the maintenance and repair of GFOQs.
section 126, as proposed by the House and the Senate, which limits
funds from being transferred from this appropriation measure to
any department, agency, or instrumentality of the United States
Government without authority from an appropriation Act.
proposed by the Senate, which prohibits funds appropriated for the
NSIP from being obligated or expended for the p'urpose of missile
defense studies. The House bill contained no simIlar provision. The
conferees are concemed about the increased use of NSIP funds to
finance studies rather than construction projects. The conferees,
therefore, direct the Department to submit written notification to
the Military Construction Appropriations Subcommittees 21 days
prior to obligating NSIP funds for any study.
proposed by the Senate, which establishes a commission to review
the overseas military force structure and to provide a report of its
findings to the President and Congress no later than December 31,
2004.
Those general provisions not included in the conference agree
ment are as follows:
26
The conference agreement deletes the House provision requir
ing the Secretary of Defense to certify and report to Congress that
the United States and the Republic of Korea have entered into an
agreement on the availability of land before obligating or expend·
ing funds made available in the bill for construction projects at
Camp Humphreys, Korea. The Senate bill contained no similar pro
vision.
27
nILITARV CONSTRUCTION
(AnOUNTS IN THOUSANOS)
BUDGET CONFERENCE
REQUEST AGREEMENT
ALABAlIA
ARnv
REOSTONE ARSENAL
VIBRATION OVNAnIC TEST FACILITV ..............•.... 5.500 5.500
AIR FORCE
nAXWELL AFB
INTEGR~TED OPER~TIONAL SUPPORT FACILITV ..•.•...... 12.600
SQUADRON OFFICER COLLEGE DORnITORV (PHASE III) ... 13.400 13.400
DEFENSE-WIDE
REDSTONE ARSENAL
ADnIN/OPS COnPLEX, ftISSILE OEF. AGENCV (PHASE III) 20.000
ARnV NATIONAL GUARD
FORT ftC CLELLAN
FIRE STATION ...........••......................... 1,873 1.873
FORT PAVNE
READINESS CENTER ADDITION/ALTERATIDN ....•...•..... 3.648
nOBILE
ARnED FDRCES RESERVE CENTER (PHASE II) . 2.943 2.943
SPRINGVILLE
READINESS CENTER ADDITION/ALTERATION . 3.365
VINCENT
READINESS CENTER ADDITION/ALTERATION .......•...... 3.353 3.353
........ -- ........... _ ............ -- ......
TOTAL. ALABAIlA .. 34.082 59.669

ALASKA
ARnv
FORT RICHARDSON
BARRACKS COftPLEX D STREET (PHASE III) . 33.000 33.000
VEHICLE nAINTENANCE SHOP .......................•..
2,500
FORT WAINWRIGHT
ALERT HOLDING AREA FACILITY . 32.000 32,000
AftnUNITION SUPPLY POINT UPGRAOE . 10.600 10.600
BARRACKS conPLEX - LUZON AVENUE .............•.•... 21,500 21,500
"ILITARV DPERATIONS ON URBAN TERRAIN FACILITY..... 11.200 11.200
nULTI·PURPOSE TRAINING RANGE COftPlEX ........•..... 47.000 47.000
PALLET PROCESSING FACILITY . 16.500 16.500
AIR FORCE
EIELSON AFB
DORMITORV . 13,914 13,914
JOINT SECURITY FORCES COMPLEX . IS.800
REPAIR/EXPAND ENROUTE RA"P ....•.........•......... 19.080 19.060
EL"ENDORF AFB
IIAINTENANCE FACILITY ...................•.......... 2,000 2,000
DEFENSE-WIDE
EIElSON AFB
REPLACE HVDRANT FUEL SVSTEM . 17,000 17 .000
FORT WAINWRIGHT
HOSPITAL REPLACE"ENT (PHASE V) . 71,600 71,600
ARMY NATIONAL GUARD
JUNEAU •
ORGANIZATIONAL "AINTENANCE SHOP . 3.100
........................ .......... _..........
TOTAL. ALASl<A . 295,374 316.774
ARIZONA
NAVY
VUIIA ftARINE CORPS AIR STATION
AIRCRAFT ftAINTENANCE HANGAR , 14,250 14.250
STATION ORDNANCE AREA (PHASE II) , 7.980 7,980
AIR FORCE
DAVIS-ftONTHAN AFB
C- 130 APRON/SHOUlDERS . 1,954 1.954
HH·60 SQUADRON OPERATIONS/AIRCRAFT ftAINT UNIT . 6,004 6,004
ftlSSION READY SUPPLY PARTS WAREHOUSE . 1.906 1.906
28
ftlLITARY CONSTRUCTION
(AftDUNTS IN THOUSANDS)
BUDGET CONFERENCE
REQUEST AGREEHENT
LUKE AFB
LAIlO ACQUISITION "ODIFICATION ..•......•...••......
- AIR NATIONAL GUARD
TUCSON INTERNATIONAL AIRPORT
COHPOSITE SUPPORT COHPLEX .........•...............
TOTAL. ARIZONA ........••........................
ARKANSAS
AIR FORCE
LITTLE ROCK AFB

C·130 OPERATIONS TRAINING FACILITY .
C-130J ADD/ALTER HANGAR 2BO .
ARHY NATIONAL GUARD
WARREN
READINESS CENTER .
TOTAL. ARKANSAS .......•••...............•.......
CAliFORNIA
NAVY
C~P PENDLETON HARINE CORPS BASE
BACHELOR ENLISTED QUARTERS· SAN HATEO ....•.......
TERTIARY SEWAGE TREAntENT PLANT (PHASE II) ....•...
CHINA LAKE NAVAL AIR WARFARE CENTER
AIRFIELD PAIlEHENTS UPGRADE .
PROPELLANTS ANO EXPLOSIVES LABORATORY (PHASE III).
LEHOORE NAVAL AIR STATION
INTEGRATED HAINTENANCE HANGAR ...........•.........
OPERATIONAL TRAINER FACILITY .............•........
ftIRA~ HARINE CORPS AIR STATION .
AIRCRAFT FIRE AND RESCUE STATION ..........•.......
GROUND COHBAT TRAINING RANGE .
HONTEREY NAVAL POSTGRADUATE SCHOOL
BACHELOR OFFICER QUARTERS .............•....•......
EDUCATIONAL FACILITY REPLACEHENT (PHASE II) •......
NORTH ISLAND NAVAL AIR STATION
SQUADRON OPERATIONS FACILITy •.....•...............
TAXIWAY/AIR TRAFFIC CONTROL TOWER .
SAN NICOLAS ISLAND NAVAl AIR WEAPONS STATION
TRANSIENT OUARTERS .
SAN CLEHENTE NAVAL AIR FACILITY
OPERATIONAL ACCESS - SHORE BOHBARDftENT AREA .....•.
SAN DIEGO NAVAL STATION
BACHELOR ENLISTED QUARTERS· HOHEPORT ASHORE .
TWENTYNINE PALHS
BACHELOR ENLISTED QUARTERS ............•........ '"
ENLISTED DINING FACIL ITY ...................•......
EXPLOSIVE ORDNANCE DPERATIONS CENTER.....•........
AIR FORCE
BEALE AFB •
GLOBAL HAwK DORHITORY .
GLOBAL HAWK UPGRADE DOCK .
EDWARDS AFB
BASE OPERATIONS FACILITY ..••......................
JOINT STRIKE FIGHTER COHPLEX (PHASE I) .
LOS ANGELES AFB
AReA B HAIN GATE COHPLEX.................•........
VANDENBERG MB
CONSOLIDATED FITNESS CENTER.•.....................
OEFENSE·WIDE
CORONADO NAVAL AHPHIBIOUS BASE
SHALL ARHS RANGE .
ARHY NATIONAL GUARD
BAKERSFIELD
READINESS CENTER ......................•.•••.......
29
MILITARY CONSTRUCTION
(~OUNTS IN THOUSANDS)
BUDGET CONFERENCE
REQUEST AGREE"ENT
LOS ALAIllTOS
REPLACE UTILITIES INFRASTRUCTURE (PHASE I) ..•.... , 21.000
NAVAL RJ:SERVE
NORTH ISLANO NAVAL AIR STATION
C-40 AIRCRAFT KAINTENANCE HANGAR . 15.873 15.873
TOTAL. CALIFORNIA..........•..............•.....
360.338 402.888
COLORADO
ARMY
FORT CARSON
VEHICLE KARSHALLING AREA..•.......•.........•..... 2.150
AIR FORCE
BUCKLEY AFB
UPGRADE BASE INFRASTRUCTURE (PHASE III) •••..•.••.. 6.957 6,957
PETERSON AFB
ADD/ALTER MISSION SuPPORT FACiLITY .....•.•........ 10.200
DEFENSE·WIDE
PUEBLO DEPOT ACTIVITY
AMMUNITION DEMILITARIZATION FACILITY (PHASE IV) ... BB.388
U.S. AIR FORCE ACADEIlY
HOSPITAL ADDITION/ALTERATION ...........•.....•.... 21.50D 21.500
AIR NATIONAL GUARD
BUCKLEY AF8
CIVIL ENGINEER COMPLEX . 6.9Do 6,800
AIR FDRCE RESERVE
PETERSON AFB
CONSOLIDATED AERIAL PORT/AIRLIFT CNTRL FLIGHT FAC. 7,700
.......... .. .... -...... ...... -................
TOTAL. CDLORADO •................ ,., . 35.357 143.785

CONNECTICUT
NAVY
NEW LONDON NAVAL SUBKARIHE BASE
TOMAHAWK MISSILE KAGAZIHE ...•.•.............•..... 3.120
DEFENSE·WIDE
NEW LONDON NAVAL SUBMARINE BASE
DENTAL CLINIC REPLACE"ENT ...................•..... 6.400 6,40D
AR"Y NATIONAL GUARD
NEWTOWN "ILITARY RESERVATION
WORKING ANIKAL BUILDING ......•..............••.... 2.167 2.167
STONE RANCH "ILITARY RESERVATIDN
FIRE STATION , ....•...............••........ 2.422 2.422
. ---- ...... ~- ....................... p
TOTAL, CONNECTICUT" . 10.989 14 .109
OISTRICT OF COLU"BIA
N/l.VY
KARINE BARRACKS. BTH AND I
MOTOR TRANSPORT FACILITY ADDITION .•..•.•.•.•...... 1.550 1.550
AIR FORCE •
BOLLING AFB
AIR FORCE CENTRAL ADJUDICATION FACILITY ....••.. '" 9.30D
DEFENSE·WIDE
WASIIINGTON NAVY YARD
MEDICAL/DENTAL CLINIC CONVERSiON/RENOVATION . 15.714 15.714
WALTER REEO ARMY MEDICAL CENTER
HOSPITAL ENERGY PLANT ADDITION, .. " ......•..... , .. 9.000 8.000
TOTAL. DISTRICT OF COLU"BIA.... , ....•...........
35.564 26.264
FLORIDA
N/l.VY
BLOUNT ISLANO
LAND ACQUISITION .....••••••...............•.•.. , ..
115.711 115.711
30
"ILITARY CONSTRUCTION
(AIlOUNTS IN TllOUSANDS)
8UOGET CONFERENCE
REQUEST AGREE"ENT
JACKSONVILLE NAVAL AIR STATION

AIRCRAFT PARKING APRON (PHASE Il ..........•.•.... · 6.000
AIRFIELO PERI"ETER SECURITY . 3.190 3.190
PANAftA CITY COASTAL SYSTE"S STATION
LITTORAL WARFARE RESEARCH CO"PLEX .....•......•.... 9,550 9.550
WHITING FIELD NAVAL AIR S'tATlON
CLEAR ZONE LANO ACQUiSITION ..................•.... 4.830 4.830
AIR FORCE
HURLBURT FIELO
AFC2TIG SYSTEn/WARRIOR SCHOOL CO"PLEX . 19,400 19.400
SPECIAL TACTICS ADVANCED SKILLS TRAINING FACILITY. 7.800 7.800
TYNDALL AFB
1ST AIR FORCE AIR OPERATIONS CENTER (PHASE I) .•... 9.500
F-22 PARKING APRON/RUNWAY EXTENSION ......•........ 6.195 6.195
DEFENSE·WIDE
EGLIN AFB
REPLACE JET FUEL STORAGE CO"PLEX ..........•....... 4.800 4.800
HURLBURT FIELD
REPLACE FUEL PiER ......•.••.............•......... 3,500 3.500
AC·13D SOUADRON OPERATIONS/AIRCRAFT ftAINT UNIT .... 8.000 8.000
llACDILL AFB
ADD/ALTER BUILDING S01A . 25.500 25,500
AR"Y NATIONAL GUARD
CAIlP BLANDING
CO"BINED SUPPORT llAINTENANCE SHOP (PHASE II) . 16,470
. . . .. . - .........
~ _............. - ......
TOTAL. FLORIDA ........•.........................
208,476 236.446
GEORGIA
ARIlY
FORT BENNI NG
FIRE STATION. TWO COnPANY . 2,850
INFANTRY SQUAD BATTLE COURSE . 1.650
KULTI·PURPOSE TRAINING RANGE COnPLEX .......••..... 30,000 30,000
FORT GOROON
TRAINING SUPPORT CENTER ...............•........•.. 4.350
FORT STEWART
BARRACKS (PHASE I l . 17.000 17 ,000
BARRACKS CO"PLEX • PERI"ETER ROAD ....•.........•.. 49.000 49,000
CQIlIlAND AND CONTROL FACILITy ..........•.•.•....•.. 25,050
PHYSICAL FITNESS TRAINING CENTER . 15.600 15.500
NAVY
KINGS BAY NAVAL SUB"ARINE BASE
RIFLE RANGE ...................•.......•........... 8,170 8.170
WATERFRONT SECURITY FORCE FACILITY ADDITION . 3,340 3,340
AIR FORCE
ROBINS AFB
CONSOLIDATED AIRCRAFT IlAINTENANCE FACILITY . 7,900
CORROSION CONTROL PAINT FACILITY ...........•...... 25.731 25.731
J·STARS FLIGHT SlllULATOR FACILITy . 2,954 2.954
OEFENSE·WIDE
FORT BENNING
PHYSICAL EVALUATION CENTER ..•..................... 2.100
ARllY RESERVE
FORT GILLE"
ORG ftAlNT SHDP/DIRECT SUPPORT/PARTS WHSE/STORAGE •. 7,820 7,820
AIR FORCE RESERVE
DOBBINS ARB
CONSTRUCT NORTH SIDE OVERPASS •...•............•.•. 4,200
TOTAL, GEORGIA..••.......................•.•....
186.485 180.285
31
IIILITARV CONSTRUCTION
(AftOUNTS IN THOUSANDS)
BUDGET CONFERENCE
REQUEST AGREEIIENT
HAWAII
ARIIV
HELEnANO IIILITARV RESERVATION
LAND EASEHENT ...............................•..... 1.400 1.400
POHAKULOA TNG AREA SADDLE RD ACCESS (PHASE III) ... 17 .000
SCHOFIELD BARRACKS
BARRACkS COIIPLEX . CAPRON ROAO (PHASE II) .•....... 49,000 49.000
BARRACkS COIIPLEX • QUAD E....................•... 49.000 49.000
INFOIUtATION SYSTEIIS FACILITY ...•.......•.......... 18,000 1B,OOO
LANO ACQUISITION ....•..................•......•... 19,400 19.400
IIISSION SUPPORT TRAINING FACILITV . 33,000 33,000
QUALIFICATION TRAINING RANGE (1) •......•.••••..... B.700
NAVY
LUALUALEI NAVAL IIAGAZINES
ORONANCE HOLDING AREAS ........................•... 8,320 6.320
PEARL HARBOR
PERIIIETER SECURITY LIGHTING . 7,010 7,010
WATERFRONT IIIPROVEHENTS ..................•........ 32.180 32.180
AIR FORCE
HICkAII AFB
C·17 CONSOLIDATED ~INTENANCE COHPLEX ...•....•.... 7.529 1,529
C·11 CORROSION CONTROLI IIAINTENAHCE fACILITV . 30.400 30.400
C·17 FLIGHT SIIIULATOR FACILITV .........•.......... 5.823 5.623
C·17 KUNTZ GATE AND ROAD . 3,050 3,050
C·17 SQUADRON OPERATIONS FACILITY•.......•....•... 10,874 10,874
C·17 SUPPORT UTILITIES (PHASE I) . 4.098 4.098
ELECTRICAL DISTRIBUTION SVSTEII ..........•.••...... 6,800
EXPAND STRATEGIC AIRLIFT RAIIP , ..•....•... 10,102 10.102
OEFENSE·WIDE
HICkAII AFB
REPLACE HVDRANT FUEL SVSTE" . 14,100 14,100
. ........ - ..........
~
~_ ...... __ ...
TOTAL. HAWAII . 300,888 333 , 3B6
IDAHO
AIR FORCE
"OUNTAIN HOllE AF8
726TH AIR CONTROL SQUADRON COIIPLEX .......•..•..... 9.800
FITNESS CENTER ADDITION ...........•.........•..... 5,337 5,337
...................... - ........................
TOTAL. IDAHO ................................•... 5,337 15,137
ILLINOIS
NAVY
GREAT LAkES NAVAL TRAINING CENTER
BATTLE STATION TRAINING FACILITY (PHASE I) . 13.200 13.200
RECRUIT BARRACKS •................................. 31.800 31.800
RECRUIT BARRACKS .............................•... 34,130 34.130
AIR FORCE
SCOTT AfB
SHILOH GATE .•............................... " ..... 1.900 1,900
ARIIV NATIONAL GUARD
GALESBURG
READINESS CENTER ..........•.......•............... 3,750
. .............. ...... . ........................
TOTAL. ILLINOIS . 80.830 84.580
INDIANA
NAVY
CRANE NAVAL SURFACE WARFARE CENTER
JOINT ORDNANCE ENGINEERING AND LOGISTICS FACILITY. 11.400
DEFENSE-WIDE
NEWPORT ARIIV A11I1UNITION PLANT
AIIIIUNITION DEIIILITARIZATION FACILITY (PHASE IV) ... 15,207
32
~ILITARY CONSTRUCTION
lAMOUNTS IN THOUSANDS)
BUDGET CONFERENCE
REOUEST AGREEMENT
ARftV NATIONAL GUARD

CAIIP ATTER8URY
READINESS CENTER ADDITION . 2.849 2.849
ELKHART
READINESS CENTER ADDITION . 1.770 1.770
GARY
LIHITED AVIATION SUPPORT FACILITy . 15.581
READINESS CENTER ADDITION ....................•.... 1.417 1.417
SOUTH BEND
READINE.SS CENTER ADDITION

. 1.498 1.498
.. . . . . . . . .
'O' . . 'O' ...... 'O' .................... - ..
TOTAL. INDIANA . 7.532 49.720

IOWA
AIR NATIONAL GUARD
SIOUX GATEWAY AIRPORT
KC·135 FIRE CRASH/RESCUE STATION . 6.091 6.091
KANSAS
ARMY
FORT LEAVENWORTH
LEWIS AND CLARK INSTRUCTIONAL FACILITY (PHASE I) .. 28.000 28.000
FORT RILEY
BARRACKS COHPLEX . GRAVES STREET . 40.000 40.000
CO~BINED AR~S COLLECTIVE TRAINING FAC (PHASE II) .. 13.800
ARMY NATIONAL GUARD
KANSAS CITY
READINESS CENTER ADDITION/ALTERATION . 2.982 2.982
AIR NATIONAL GUARD
MCCONNELL AF8
AIR INTELLIGENCE EXPLOITATION FACILITY . 7.400
ARMY RESERVE
FORT LEAVENWORTH
RESERVE CENTER/OHS/UNHEATED STORAGE . 7.982
. ...... _.. - _ ........ ............... - ........
TOTAL. KANSAS ..........................•........

70.982 99.944
KENTUCKY
ARMY
FORT CAIlPBELL
BARRACKS CO~PLEX RANGE ROAD (PHASE II) . 49.000 49.000
FORT KNOX
DINING FACILITY . 10.000
"ODIFIED RECORD FIRE RANGE .. 3.500 3.500
DEFENSE·WIDE
BLUEGRASS ARHY DEPOT
A""UHITION DEMILITARIZATION FACILITY (PHASE IV) ... 18.220
FORT CAIIPBELL
FLIGHT SI"ULATOR FACiLITY . 7.800 7.800
AR~Y NATIONAL GUARD
GREENVILLE •
FIRE STATION .............................•.•...... 2,238 2.238
"OREHEAD
READINESS CENTER , .. 4.997 4.997
RICHHOND
READINESS CENTER ADDITION . 756 758
............ -- ........ -- .......... _ .... _.
TOTAL. KENTUCKY .•......•........................

68.291 94.511
LOUISIANA
ARMY
FORT POLK
AIRCRAFT MAINTENANCE HANGAR . 34.000 34.000
ALERT HOLDING AREA FACILITy . 8.400 8,400
AR"S STORAGE FACILITY .........•................... 1.350 1.350
"ISSION TRAINING SUPPORT FACILITY . 27.000 27.000
33
nlLllAKY ~UNSIKU~llUN
(I,nOUNTS I N THOUSANDS)
BUDGET CONFERENCE
REQUEST AGREE"ENT
SHOOT HOUSE ..•.......•..•......•....•.........•... 1.250 1.250

AR"Y NATtOllAL GUIl.RO
PINEVILLE
CONSOLIDATEO MAINTENANCE FACILITY (PIfASE I) . 18.579 18.579
AIR NATIONAL GUARD
NEW ORLEANS NAVAL AIR STATION/JOINT RESERVE lASE
VEHICLE ftAINTENANCE SUPPORT EDUIP"ENT FACILITY .... 8.300
NAVAL RESERVE
NEW ORLEANS NAVAL AIR STATION/JOINT RESERVE BASE
JOINT RESERVE CENTER (PHASE IV) ........•.•........ 4,780
........... .... ........ .......................
TOTAL. LOUISIANA.......................•.•......
90.579 101.659
"AINE
ARHY NATIONAL GUARD
BANGOR INTERNATIONAL AIRPORT
AVIATION SUPPORT FACILITY (PHASE II) .........•.•..
14,900
IlARYLANO
ARIlY
FORT MEADE
DINING FACILITY .............•..•..•......•.•.•.... 9.800 9.600
NAVY
INDIAN HEAD NAVAL SURFACE WARFARE CENTER
WATER SYSTEM IMPROVEftENTS ..............••.••...... 14.850 14.850
PATUXENT RIVER NAVAL AIR WARFARE CENTER
JOINT STRIKE FIGHTER TEST AND SUPPORT FACILITIES .. 24.370 24.370
RELOCATE RANGE THEODOLITE TRACKING STATION . 3.900
DEFENSE-WIDE
FORT MEADE
CRITICAL UTILITY CONTROL (PHASE II-B) . 1.842 1,842
ARIlY RESERVE
FORT "EADE
RESERVE CENTER/O"S/WAREHOUSE (PHASE 1) ...•........ 19,710 19.710
AIR fORCE RESERVE
ANDREWS AFB
ALTER AIRCRAFT IlAINTENANCE SHOPS .......••.•......•
2.900 2,900
HYDRANT fUEL SYSTE" . 7,375 7.375
UPGRADE AIRFIELD PAVE"ENTS . 835 835
--- ..... --._ .... . ......................
TOTAL, "ARYLAND .. 81,482 85,382

IlASSACHUSETTS
ARnY
NATICK SOLDIER SYSTEMS CENTER
THERIIAL TEST FACILITY ..••..•.......•......•....... 5,500
ARnY NATIONAL GUARD
CAMP EDWARDS
FIRE STATION . 2,418
AIR NATIONAL GUARD
OTIS ANGB
FIRE CRASH/RESCUE STATION . 11,000
-_ .. _-- .. .... -- ...........
~_
- ....
TOTAL. MASSACHUSETTS _ . 18.918

"ICHIGAN
ARHY NATIONAL GUARD
CALU"ET
READINESS CENTER .........••.•...•..............•.. 3.370
JACKSON
READINESS CENTER .....•...•........•.•..•.......... 5,591 5.591
SHIAWASSEE COUNTY
READINESS CENTER .. , .....•.•....................... 3,506
AIR NATIONAL GUARO
ALPENA COUNTY REGIONAL AIRPORT
DINING FACILITY ...........................•.•..... 8.500
34
MILITARY CONSTRUCTION
(AMOUNTS IN THOUSANDS)
BUDGET CONFERENCE
REQUEST AGREEMENT
SELFRIDGE ANGB
JOINT MEDICAL TRAINING FACILITY... 9.600
TOTAL. MICHIGAN . 5.591 30.569
MINNESOTA
AIR NATIONAL GUARO
DULUTH INTERNATIONAL AIRPORT
AIRCRAFT MAINTENANCE FACILITY MODERNIZATION....... 9.000
AIR FORCE RESERVE
MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT
AEROMEDICAL EVACUATION FACILITy..... 3.650
TOTAL. MINNESOTA.,.............................. 12.650
MISSISS.IPPI
NAVY
MERIDIAN NAVAL AIR STATION
FIRE AND RESCUE STATION , . 4.570 4.570
AIR FORCE
COLUMBUS AFB
AIR TRAFFIC CONTROL TOWER ......•.................. 5.500
T·6 PARTS WAREHOUSE ......••.......••.............. 2.200
KEESLER AFB
CHILO DEVELOPMENT CENTER ..................••...... 2.900
ARMY NATIONAL GUARD
CMP SHELBY
REGIONAL MILITARY EDUCATIONAL CENTER (PHASE 1) .... 7.733 7.733
AIR NATIONAL GUARD
CMP SHELBY
C·17 ASSAULT RUNWAY. . , .. 7,409 7.409
NAVAL RESERVE
PASCAGOULA
LITTORAL SURVEILLANCE SYSTEM FACILITY . 6,100
AIR FORCE RESERVE
KEESLER AFB
FUEL CELL MAINTENANCE HANGAR . 6,650 6,650
TOTAL. MiSSISSIPPI ....•.......................•. 26,36:1 43.062
MISSOURI
AIR FORCE
WHITEIIAN AFB
EDUCATION CENTER , . 11.600
ARMY NATIONAL GUARD
DEXTER
READINESS CENTER , . . .. . . . .. . . . .. . . . .. , 4.947 4.9H
AIR NATIONAL GUARD
ROSECRANS MEMORIAL AIRPORT
AIR TRAFFIC.CONTROL TRAINING COMPLEX ....•....... ,. 8.000
TOTAL. NISSOURI , . 4.9H 24,547
MONTANA
ARMY NATIONAL GUARD
BILLINGS
ORGANIZATIONAL MAINTENANCE SHOP ADDITION . 1.209 1,209
KALISPELL
ARMED FORces RESERVE CENTER . 9.020
ORGANIZATIONAL MAINTENANCE SHOP ADDITION . 706 706
TOTAL. MONTANA ..........................•....... 1,915 10.935
35
HILITARY CONSTRUCTION
(AHOUNTS IN THOUSANDS)
BUDGET CONFERENCE
REQUEST AGREEMENT
NEBRASKA
DEFENSE-WIDE
OFFUTT AFB
REPLACE HYDRANT FUEL SySTEM ................•...... 13,400 13,400
ARHY NATIONAL GUARD
CAIIP ASHLAND
CONSTRUCT FRONTAGE LEVEE SEGHENT . 3,000
COLUHBUS
READINESS CENTER ADDITION/ALTERATION . 818 818
NORFOLK
FIRE STATION ................•..................... 1,088 1.088
OAAHA
READINESS CENTER . 5.804 5.804
YORK
READINESS CENTER ALTERATION . 758 758
. . --............ _ .. _.. -.- ....... .
~
TOTAL, NEBRASKA . 21,848 24.848

NEVADA
AIR FORCE
NELLIS AFB
VEHICLE HAINTENANCE COHPLEX . 11 .800
DEFENSE·WIDE
NELLIS AFB
HYDRANT FUEL SYSTEH , 12.800 12.800
AIR NATIONAL GUARD
RENO - TAHOE INTERNATIONAL AIRPORT
REPLACE TELECOMMUNICATIONS AND SECURITY FORCES FAC 9.000
.. --- ........... .......... _ .............
TOTAL, NEVADA . 12.800 33.800

NEW HAIIPSHIRE
AIR NATIONAL GUARD
PEASE INTERNATIONAL AIRPORT
FIRE STATION ...•..•............................... 8.100
NEW JERSEY
ARHY
LAKEHURST NAVAL AIR WARFARE CENTER
SPECIAL PURPOSE BATTALION OPERATIONS FACILITY ..... 2,250
PICATINNY ARSENAL
EXPLOSIVES R&D LOADING FACILITy ..............•... 8,000
NAVY
EARLE NAVAL WEAPONS STATION
GENERAL PURPOSE BERTHING PJER REPLACEMENT . 2&,740 2&,740
LAKEHURST NAVAl AIR WARFARE CENTER
ELECTROHAGNETIC AIRCRAFT LAUNCHING SYSTEM FACILITY 20, B81 20, &81
AIR FORCE
MCGUIRE AFB
C·17 HAINTENANCE TRAINING DEVICE FACILITY . 6.882 6,8&2
C·17 ROADS &, UTILITIES . 4,785 4,785
ARMY RESERVE
FORT DIX
ADD/ALTER TIHHERHAN CONFERENCE CENTER . 3,700
URBAN ASSAULT COURSE .. 2,700
.. - .. _................ ........ -..............
TOTAL, NEW JERSEY . 59.048 '75,&98

NEW IlEXICO
AIR FORCE
CANNON AFB
AEROSPACE GROUND EQUIPHENT COHPLEX . 7.700
INSTALL APPROACH LIGHTS. RUNWAY 13 . 1,300
TULAROSA RADAR TEST SITE
UPGRADE RADAR TEST FACILITY . 3.800 3,600
36
(~OUNTS IN THOUSANOS)
BUDGET CONFERENCE
REQUEST AGREEMENT
KIRTLAND AFB
ARSENIC TREAT"ENT SYSTE"S ...•.•........•.....••... 6.957 6.957
ELECTRICAL POWER KAIN SWITCHING STATION . 4.150
ARMY NATIONAL GUARD
ALBUQUERQUE
READINESS CENTER ADOITION/ALTERATION . 2.533 2,533
- . _ ...... _. _ .. - .. 9"" .......... _ ......
TOTAL. NEW MEXICO .........................••.... 13.090 26.240
NEW YORK
ARIIY
FORT DRUM
BARRACKS 10200 AREA ..••....••.............•..... 22.500 22.500
BARRACKS COMPLEX • WHEELER SACK AAF (PHASE I) ..... 49.000 49.000
MOUNTAIN RAMP EXPANSiON .......•................... 11,000 11.000
TACTICAL UNftANNED AERIAl VEHICLE FACILITY .....•... 5.200
AR"Y NATIONAL GUARD
ROCHESTER
READINESS CENTER ADDITION/AlTERATION ...••.•....... 4.332 4.332
UTICA
ORGANIZATIONAL MAINTENANCE SHOP .....•..•....•..... 3.281 3.261
AIR NATIONAL GUARO
HANCOCK FIELD
MUNITIONS STORAGE COHPLEX ...............•....... ,. 6.500
AIR FORCE RESERVE
NIAGRA FALLS ARS
TOTAL. NEW yORK ............•...........•.•.•.... 90.093 101.793
NOATH CAROLINA
ARMY
FORT BRAGG
BARRACKS CO"PLEX - BASTOGNE DRIVE (PHASE I) . 47.000 47.000
BARRACKS COMPLEX· BUTNER ROAD (PHASE IV) ...•.•... 38.000 38,000
BARRACKS·D AREA (PHASE IV) . 17 .000 17,000
SOLDIER SUPPORT CENTER (PHASE II) . 11.400
NAVY
C~P LEJEUNE MARINE CORPS BASE
CONSOLIDATED ARMORIES ..................••......... 10.270 10.270
HEADQUARTERS AND ACADEMIC INSTRUCTION FACILITY . &,300 &.300
OPERATIONS ANO TRAINING FACILITIES . 12.880 12.880
NEW RIVER KARINE CORPS AIR STATION
WATER TREATMENT FACILITY .........•......... , •..... 6.240 6.240
AIR FORCE
POPE MB
C-130J 2,BAY HANGAR . 15.829 15,629
C-130J UPGRADE HANGAR 8 . 2.718 2.116
C·130J/30 RAMP UPGRADE . 1,239 1.239
C·130J/30 TECH TRAINING FACILITY . 4.431 4.431
SEYMOUR JOHNSON MB
BOUNDARY FENCE ............•....................... 1,500 1.500
DORflITORIES . 9.530 9,530
FIRE/CRASH RESCUE STATIONS .. 11 .400
DEFENSE-WIDE
CAMP LEJEUNE
NEW IlAINSIDE PRIMARY SCHOOL .......•...........•... 15.259 15.259
FORT BRAGG
BATTAlION AND COMPANY HEADQUARTERS ..........•..... 4.200 4.200
CDHPANY OPERATIONS FACILITY ADDITION . 1.500 1,500
JOINT OPERATIONS COIIPLEX ....................•..... 19.100 19.700
ItAZE AND FACADE . 2.400 2.400
TRAINING CDMPLEX . 8.500 8.500
AR!IY NATIONAL GUARD
ASHEVILLE
READINESS CENTER .........•........................ 6.251 6.251
37
lliLITARY CONSTRUCTION
(AIlOUNTS IN THOUSANOS)
BUOGET CONFERENCE
REQUEST AGREEIIENT
.. _ ••• _- •• -- - - ••••• -- ••• - -- -"~"1".- - - ••••
LENOIR
READ I NESS CENTER.... . . . . . . . . . . • . . . . . . . . . . • . . . . . . . . 6,184 6,184
"ORRISVIUE
FIRE STATION ..••...........•..............•.•..•.. 1.306 1,306
SALISBURY
FIRE STATION .....................•................ 928 928
.. .......... . " ........ . .................
TOTAL. NORTH CAROLINA.......•..................•

237,981 260.781
NORTH DAKOTA
AIR FORCE
"INOT AFB
AOOfALTER "ISSILE "AINTENANCE VEHICLE FACILITy .... 3,050 3.050
FITNESS CENTER................................•... 9.500
ARIIY NATIONAL GUARD
BIS"ARCk
AR"Y AVIATION SUPPORT FACILITY COIlPLEX .•.•........
7,228
READINESS CENTER ADDITION ..............•..........
1,873 1,873
. ....................... .. - ........ - ..
TOTAL. NORTH DAkOTA .. 4.923 21,851

OHIO
AIR FORCE
WRIGHT· PATTERSON AFB
CONSOLIDATED FIREfCRASH RESCUE STATION .•...•...... 10.800
DORIlITORY .......•............•.............•...... 10.500 10.500
AR"Y NATIONAL GUARD
CAMP SHEAHAN, CHILLICOTHE
READINESS CENTER ........• , ....•.........•....• , ... 5.560
AIR NATIONAL GUARD
SPRINGFIELD-BECkLEY IlUNICIPAL AIRPORT
REPLACE CONTROL TOWER.••.......•...........•••.... 8,000
ARIlY RESERVE
CLEVELAND
RESERVE CENTERfOIlSfAIlSAfSTORAGEfLAND ..•........... 21.595 21.595
............ ............ ........................
TOTAL, OHIO ......................•............•.
32,095 56.255
ARIlY
FORT SILL
CONSOLIDATED IIAINTENANCE COMPLEX (PHASE II) .•....• 13,000 13,000
"DDIFIEO RECORD FIRE RANGE ............•.....•.....
3,500 3.500
URBAN ASSAULT COURSE . 2,000
AIR FORCE
ALTUS AFB
C-17 1l0DIFY SIIlULATOR BAyS .. 1, 144 1,144
TINkER AFB
BUILDING 3001 REVITALIZATION (PHASE I) .•...•.•... 19,060 19,060
VANCE AFB
CONSOLIDATED, LOGISTICS COIlPLEX .......••.......•...
15.000
........................ .. ......................
TOTAL. OKLAHOIIA . 36.704 53.704

OREGON
AIR FORCE RESERVE
PORTLAND INTERNATIONAL AIRPORT
ALTER FLIGHTLINE FACILITIES ..............•........ 2.900 2,900
FlREfCRASH RESCUE STATION .............•....•...... 4,300 4.300
HYDRANT REFUELING SYSTEM (PHASE II) ....•.......... 3,050 3,060
TOTAL, OREGON ... , •..•.••............•...........
10.250 10.250
38
(MOUNTS IN THOUSANDS)
BUDGET CONFERENCE
REQUEST AGREEMENT
PENNSYLVANIA
DEFENSE-WIDE
HARRISBURG INTERNATIONAL AIRPORT
C130J EQUIP"ENT "AINTENANCE FACILITY . 3.000 3.000
NEW CU"BERLAND DEFENSE DISTRIBUTION DEPOT
REPLACE GENERAL PURPOSe WAREHOUSES, . 27.000 27.000
AR"Y NATIONAL GUARD
FORT INDIANTOWN GAP
"ULTI-PURPOSE TRAINING RANGE _ . 15.338
.... ...... -.
~- . .....................
TOTAl. PENNSyLVANIA .....................••...... 30.000 45.338
RHODE ISLAND
NAVY
NEWPORT NAVAL STATION
BACHELOR ENLISTED QUARTERS REPLACEftENT . 18.140 16.140
GATE I SECURITY IMPROVE"ENTS . 2.550
UNDERWATER WEAPON SYSTE"S LABORATORY . 10.890 10.890
AIR NATIONAl GUARD
QUONSET STATE AIRPORT
REPLACE CO"POSITE AIRCRAFT "AINTENANCE CO"PLEX . 18.500 18.500
.... ........ - .......... ......................
TOTAl. RHODE ISLAND . 45.530 48.080
SOUTH CAROLINA
NAVY
CHARLESTON NAVAL WEAPONS STATION,
AT/FP SOUTH ANNEX GATE 4 :': . 2.350
AIR FORCE
CHARLESTON AFB
OOR"ITORY ................................•........ 8.863 8.863
SHAW AFB
DEPLOYMENT PROCESSING CENTER . 8.500
... - ...... _----- .... -- .. ............
"
TOTAL. SOUTH CAROLINA . 8.863 19.713
SOUTH DAKOTA
AIR FORCE
ELLSWORTH AFB
8-18 WEAPONS SYSTEM TRAINING FACILITY . 9.300
TENNESSEE
AIR NATIONAl GUARD
"E"PHIS INTERNATIONAL AIRPORT
CoS "AINTENANCE SHOPS CONVERSION . 5.000
NASHVILLE INTERNATIONAl AIRPORT
COMPOSITE AIRCRAFT MAINTENANCE COftPLEX (PHASE II), 11.000
"CGHEE·TYSON AIRPORT
FIRE STATION/SECURITY FORCES FACILITY . 6.000
AR"Y RESERVE
NASHVILLE ,
RESERVE CENTER/O"S/UNHEATED STORAGE . 8.955 8,955
................. ........ .... -- .. __ .........
TOTAl. TENNESSEE .....•.......................... 8,955 30.955
TEXAS
ARI1Y
FORT BLISS
TACTICAl EQUIP"ENT SHOP . 5.400
FORT HOOD
BARRACKS COMPLEX - 67TH ST ~ BATTALION AVE . 47 .000 47,000
URBAN ASSAULT COURSE . 2.800 2.800
NAVY
CORPUS CHRISTI NAVAl AIR STATION
CONTROL TOWER ..........•.......................... 5.400
39
(A"OUNTS IN THOUSANDS)
BUDGET CONFERENCE
REQUEST AGREE"ENT
INGLESIDE NAVAL STATION

HEADQUARTERS. NINE WARFARE CONNAND •......•........ 7.070
_ AIR FORCE
GOODFELLOW AFB
FIRE TRAINING CLASSROOM FACILITY . 1.883 1.883
STUDENT DORNITORY .......................•.......•. 18.107 18.107
LACKLAND AF8
STUDENT DORMITORY ...........•.....•......•.•...... 20.986 20.986
STUDENT DORMITORY . 35,260 35,280
LAUGHLIN AF8
AIRCRAFT WEATHER SHELTER .............•............ 5,200
STUDENT OFFICER QUARTERS (PHASE I) . 7,200
RANDOLPH AFB
FITNESS CENTER •.....................•............. 13,800
SHEPPARD AFB
AIRFIELD OPERATIONS COMPLEX . 9,000
STUDENT DORMITORy . 28.590 28.590
DEFENSE·WI DE
FORT HOOD
CONSOlIDATED TROOP AND F~IlY CARE "EDICAl CLINIC. 9.400
KINGSVILLE NAVAL AIR STATION
ABOVEGROUND STORAGE TANK FUEL FARM . 9,200
LAUGHLIN AFB
REPLACE TRUCK FUEL LOADING FACILITy ....•.......... .,886 •• 686
AIR NATIONAL GUARD
KELLY Ft ELD ANNEX
UPGRADE GENERAL PURPOSE SHOPS . .,000
NAVAL RESERVE
FORT WORTH NAVAL AIR STATION/JOINT RESERVE BASE
COM8INED PASSENGER TERIIINAL ....................•.. 3,520
JOINT RESERVE POLICE STATION . 2,660
..... _- ......... . . . . . . . . . . . . . . . . oo . . . . . .
TOTAL. TEXAS ............................•...•...

159.274 240.924
lfTAH
AIR FORCE
HILL AFB
AEF DEPLOYMENT CENTER ..........•.................. 5,900
MUNITIONS MAINTENANCE FACILITY . 1.000 1.000
REPLACE MUNITIONS STORAGE IGLOOS . 13.000 13,000
SMALL DIAMETER BOMB STORAGE IGLOOS . 1.811 1.611
. . . . . . . . - " " . . . . oo ..
......................
TOTAL. UTAH .................•......•.........•..

15.611 21,711
VER"ONT
ARMY NATIONAL GUARD
SOUTH BURLINGTON
ARMV AVIATION SUPPORT FACILITY . 23.827 23.827
VIRGINIA
ARMV
FORT BELVOIR
NGIC LAND ACQUISITION ................•............ 7,000
FORT LEE
FIRE AND EMERGENCV SERVICES CENTER (PHASE II) •.... 3.850
FORT lIVER
VEHICLE MAINTENANCE FACILITY...............•...... 9,000 9.000
JUlVY
ARLINGTON • HENDERSON HALL
PHYSICAL FITNESS CENTER ADDITION . 1,970 1,970
DAHLGREN NAVAL SURFACE WARFARE CENTER
OPERATIONS CENTER ADDITION .....................••. 20.520 20,520
WEAPONS DYNAMIC ROTIE CENTER . 3,500
LITTLE CREEK NAVAL ~PHIBIOUS BASE
GATE 1 IHPROVEMENTS ..........................••.•. 3,610 3,810
40
KILITARY CONSTRUCTION
(AKOUNTS IN THOUSANDS)
BUDGET CONFERENCE
REDUEST AGREE"ENT
NORFOl..K
AIRCRAFT "AINTENANCE HANGAR . 36,460 36.460
BACHELOR ENLISTED QUARTERS . HOKEPORT ASHORE
<PHASE II) ..................•................... 46,730 46,730
CRANE/WEIGHT HANDLING EQUIP"ENT SHOP . 17.770 17.770
PIER 11 REPLACE"ENT <PHASE I) . 27,610 27.610
OCEANA NAVAL AIR STATION
CHILD DEVELOP"ENT CENTER . 10.000
QUANTICO MARINE CORPS BASE
NETWORK OPERATIONS CENTER . 14.420
WEAPONS TRAINING BATTALION LOAD AND TEST FACILITY. 3.700 3.700
AIR FORCE
LANGLEY AFB
F·22 CLEAR WATER RINSE PAD . 2.363 2.383
F·22 SQUADRON OPEAATIONS/AHU/HANGAR . 20.013 20.013
F·22 VERTICAL WING TANK STORAGE . 2.573 2.573
DEFENSE·WIDE
ARLINGTON
PENTAGON ATHLETIC CENTER RESTORATION PROJECT . 38.086 38.086
DAn NECK FLEET CO"BAT TRAINING CENTER
MISSION SUPPORT FACILITY . 5.600 5.600
SHALL AR"S RANGE . 9.681 9.681
FORT BELVOIR
DEFENSE THREAT REDUCTION CENTER (PHASE II) . 25.700 25,700
LANGLEY AFB
REPLACE HYDRANT FUEL SySTEM ................•...... 13,000 13.000
AIR NATIONAl GUARD
CAnP PENDLETON
TROOP TRAINING QUARTERS (REO HORSE) . 2.500
NAVAL RESERVE
QUANTICO
RESERVE CENTER . 9.497 9.497
- _ ................... .. ........ -............
TOTAl. VIRGINIA . 294.103 335.373
WASHINGTON
AR"Y
FORT LEWIS
BARRACKS COHPLEX . 17TH & B STREET (PHASE III) . 48.000 48.000
DEPLOYNENT STAGING FACILITY . 2.650 2.850
SHOOT HOUSE . 1.250 1.250
NAVY
BANGOR NAVAl SUBIIARINE BASE
SERVICE PIER UPGRADE AND BUILDING ADDITION . 33,82D 33.820
WATERFRONT SECURITY FORCE FACILITy . 6.530 6.530
INDIAN ISLAND NAVAL IlAGAZINES
ORDNANCE TRANSFER FACILITy . 2.240 2.240
PUGET SOUND NAVAL SHIPYARD
SHIP REPAIR PIER 3 I"PROVEMENTS . 6,020
WHIDBEY ISLAND NAVAl AIR STATION
STRUCTURAL AJRCRAFTIFIRE STATION ADDITION . 4.650
AIR FORCE
HeCHORD AF&
UPGRADE "ISSION SUPPORT CENTER <PHASE II) . 19.000 19.000
DEFENSE·WIDE
HCCHORD AFI
BULK FUEL STORAGE TANKS . 8,100 6.100
AIR NATIONAL GUARD
CAnP HURRAY
RED HORSE AND NEDICAL TRAINING CONPLEX . 7.500
TOTAl. WASHINGTON . 121,590 139.760

41
BUDGET CONFERENCE
REQUEST AGREE"ENT
WEST VIRGINIA
AR"Y NATIONAL GUARD
ELEANOR
ROAD SECURITY FORCE PROTECTION "ODIFICATION.... ... 4,000
AIR NATIONAL GUARD
"ARTlHS8URG
AIR TRAFFIC CONTROL TOWER............ 5.800
C-5 PARKING APRON. JET FUEL STORAGE. HYDRANT SYS.. 15.000
TOTAL. WEST VIRGINIA............................ 24.800
WISCONSIN
AR"Y RESERVE
FORT nCCOY
BATILE SI"ULATION CENTER . 4,340
BAHRAIN
NAVY
BAHRAIN NAVAL SUPPORT ACTIVITY
OPERATIONS CONTROL CENTER . 18,030 18.030
GERHANY
AR"Y
GRAFENWOEHR
BRIGADE CO"PLEX BARRACKS & "AINTENANCE/SUPPORT .. 30.000 30.000
BRIGADE COnPLEX TROOP SUPPORT FACILITIES . 46.000 46.000
HEIDELBERG
BARRACKS - HEIDELBERG HOSPITAL . 17 .000
HOHENFELS
PHYSICAL FITNESS TRAINING CENTER . 13.200
VI LSECK
BARRACKS COnPLEX (PHASE Il . 12.100 12.100
AIR FORCE
~STEIN AB
CIVIL ENGINEERING nIDFIELD CO"PLEX . 6.250
CONSOLIDATE 1ST CO"SAT CO""UNICATIONS SQUADRON
(PHASE 11) •.•.•.•...•........................... 19.713 19.713
FITNESS CENTER ANNEX . 15.903 15.903
SPANGDAHLEn AB
FIRE STATION ANNEX & TRAINING FACILITY . 3.885 3.865
PASSENGER TER11IMAL . 1.546 1.546
DEFENSE·WIDE
GRAFENWOEHR
DISPENSARY/OENTAL CLINIC ADDITION/ALTERATION . 12.585
ELE"ENTARY AND nIDDLE SCHOOL . 36.247
HEIDELBERG
ELEnENTARY SCHOOL .........................•....... 3,088
STUTTGART
FORWARD STATION CO"PLEX ....................•..... , 11.400
VILSECK
ELEnENTARY S~HOOL RENOVATION/ADDITION . 1.773
TOTAL. GERMNY .............•.................... 230.868 129.127
GUA"
NAVY
GUA"
VICTOR WHARF FENDER SYSTEn . 1.700
DEFENSE·WIDE
ANDERSEN AFB
nEDICAL/DENTAL CLINIC REPLACE"ENT ...........•..... 24.900 24.900
TOTAL. GUAn . 24.900 26.600
42
(ANOUNTS IN THOUSANDS)
BUDGET
CONFERENCE
REQUEST
AGREENENT
ITALY
AR"Y
AVIANO AB
JOINT OEPLO~ENT FACILITY (PHASE I) .
JOINT OEPLOYNENT FACILITY (PHASE II) ...•..........
L1VORNO
VEHICLE IIAINTENANCE FACILITY .•....................
NAVY
LA KADALENA NAVAL SUPPORT FACILITY
CONSOLIDATE SANTO STEFANO FACILITIES .
SIGONELLA NAVAl AIR STATION
BASE OPERATIONS SUPPORT FACILITIES (PHASE I) .
BASE OPERATIONS SUPPORT FACILITIES (PHASE II) .
AIR FORCE
AVIANO AB
REMOVE AIRFIELD OBSTRUCTION· SOUTH RMP .•...... "
MUNITIONS ADNINISTRATION FACILITY , .
ZULU ARNlDEAR" PAD .
DEFENSE·WIDE
SIGONELLA NAVAL AIR STATION
ELEMENTARY AND HIGH SCHOOL ADOITIONSlRENOVATIONS ..
VICENZA
ELEMENTARY AND HIGH SCHOOL ADDITIONSlRENOVATIONS ..
TOTAL. ITALy .
KOREA
AR"Y
CMP HUMPHREYS
BARRACKS CONPLEX .
BARRACKS COMPLEX ........................•.....•...
BARRACKS COHPLEX .
BARRACKS COMPLEX .
BARRACKS CONPLEX .
AIR FORCE
KUNSAH 1'8
UPGRADE HAROENED AIRCRAFT SHELTERS .
OSAN 1'8
OORHITORY ...............•.........................
TOTAL. KOREA .................•..................
IQIAJALEIN
AR"Y
kWAJALEI N ATOLL
VEHICLE PAINT & PREP FACILITy . 9.400 9.400
PORTUGAL
AIR FORCE
LAJES FIELD
ADOlALTER FUNESS CENTER . 4,086 4.086
TURKEY
AIR FORCE
INCIRLIK AB
CONSOLIOATEO COMMUNICATIONS FACILITY . 3.262
UNITED KINGDON
NAVY
SAINT MAWGAN JOINT nARITINE FACILITY
BACHELOR ENLISTED QUARTERS ...............•...•.... 7.070
AIR FORCE
RAF MILDENHALL
CHILD DEVELOPMENT CENTER ANNEX . 3.&4& 3.6C&
POST OFFICE , ..............•.............. 3.592 3.592
VEHICLE MAINTENANCE COMPLEX . 3,320 3.320
43
BUDGET
CONFERENCE
REQUEST
AGREE"ENT
RAF LAKENHEATH
ADO/ALT CRASH FIRE STATION . 2,667 2,867
CO""UNICATIONS FACiLITY , . 8.436 8.436
DOR"ITORY ....................•.................... 13.606 13,606
FAIIILY SUPPORT CENTER . 5,676 5.878
"OBILITY CARGO PROCESSING CENTER ...........•...... 11,900 11.900
TOTAL. UNITEO KINGDO" ...........•........•......
60.115 53.045
WAKE ISLAND
AIR FORCE
WAICE ISLAND
REPAIR AIRFIELD PAVE"ENT (PHASE III) ........•..... 14.000 14.000
UPGRADE ISLAND-WIDE INFRASTRUCTURE {PHASE I) . 10,000 10.000
TOTAL. WAKE ISLAND . 24.000 24.000
NATO
NATO SECURITY INVEST"ENT PROGRA" . 169.300 169.300
RESCISSION (P.L. 107·2-49) . -6.000
WORLDWIDE CLASSIFIED
AR"Y
CLASSIFIED LOCATION
CLASSIFIED PROJECT ....•.................•••.•..... 178.700
AIR FORCE
CLASSIFIED LOCATION
CLASSIFIED PROJECT .. : . 3,250 3.250
PREDATOR B·SQUADRON OPS/A"U i HANGAR . 25.731 25.731
TOTAl, WORLDWIDE CLASSiFIED •........•.•.........
207.881 28.981
WORLDWIDE UNSPECIFIED
AR"Y
UNSPECIFIED WORLDWIDE LOCATIONS
HOST NATION SUPPORT _ . 22.000 22.000
PLANNING AND DESiGN .....•••................•...... 100.710 104.833
UNSPECIFIEO "INOR CONSTRUCTION . 20.000 32,808
RESCISSION (P.L. 107-2-49) . -66.050 -137,850
RESCISSION (P.L. 107-64) . -24.000
RESCISSION (P.L. 106-2-46) . -17.415
RESCISSION (P.L. 106-52) . -4.350
REDUCTION {PRIOR YEAR SAVINGS} .............•...... -10.000
NAVY
PLANNING AND DESIGN . 85.812 71 .001
UNSPECIFIED "INOR CONSTRUCTION . 12.334 14.585
OUTLYING lANDING FIELD FACILITIES {PHASE I} . 27.610 27.810
RESCISSION {P.L. 107-249) . -14.679 -27.213
RESCISSION (J'.L. 107.64} . .18.409
AIR FORCE
PLANNING AND DESIGN . 79,118 95,778
UNSPECIFIED "INOR CONSTRUCTION .............•...... 12.000 16.180
RESCISSION (P.L. 107.2-49) . -23.000
DEFENSE·WIDE
CONTINGENCY CONSTRUCTION . 8.980 8.960
ENERGY CONSERVATION INVEST"ENT PROGRA" . 89.500 50.000
RESCISSION {P.L. 107-249) . -997 ·72,309
44
ftILITARY CONSTRUCTION
(AftOUNTS IN THOUSANDS)
8UDGET CONFERENCE
REQUEST AGREEMENT
PLANNING AND DESIGN

SPECIAL OPERATIONS COftRAND .••....•..........•... 14.788 H,788
DEPARTftENT OF DEFENSE DEPENDENT EDUCATION .•..... 8,500 8,500
TRICARE HANAGE"ENT ACTIVITY .••.................. 18,818 18.818
UNDISTRIBUTED ...............•.........•.•....... 20,997 25,248
-............ -........ .. ----- ............
SUBTOTAL. PLANNING AND DESIGN . 80.881 85.130

UNSPECIFIED HINOR CONSTRUCTION
SPECIAL OPERATIONS COIIRAND . 2.723 2,723
"ISSILE DEFENSE AGENCY _ . 2.800 2.000
DEFENSE FINANCE AND ACCOUNTING SERVICE . 1.500 1,500
UNDISTRIBUTED .......•.•.•....................... 3.000 3.000
JOINT CHIEFS OF STAFF ...•....................... 8.330 8.330
........................ .......................
~
SUBTOTAL, UNSPECIFIED "INOR CONSTRUCTION . 18.153 15.653

ARftY NATIONAL GUARD
PLANNING AND DESIGN . 28,570 38.376
UNSPECIFIED HINOR CONSTRUCTION •............ _ . 1,451 8.099
AIR NATIONAL GUARD
PLANNING AND DESIGN ..•..•......................... 18,030 23.293
UNSPECIFIED HINOR CONSTRUCTION . 5.500 8.615
ARMY RESERVE
PLANNING AND DESIGN ...................••.•..•..... 7.712 8.983
UNSPECIFIED HINOR CONSTRUCTION ........••.......... 2,888 2,886
NAVAL RESERVE
PLANNING AND DESIGN .....•......................... 2.582 2.988
AIR FORCE RESERVE
PLANNING AND DESIGN ..................•............ 11.142 12,112
UNSPECIFIED HINOR CONSTRUCTION .......•.•.•........ 5.160 8.360
....................... ......................
TOTAL. WORLDWIDE UNSPECIFIED . 492.183 301.382
FAMILY HOUSING. ARMY
ALASKA
FORT WAINWRIGHT (1 DO UNITS) . 44.000 44.000
FORT WAINWRIGHT (40 UNITS) •.•....................... 20.000 20.000
ARIZONA
FORT HUACHUCA (160 UNITS) . 27.000 27.000
FORT HUACHUCA (60 UNITS) . H.OOO 14.000
KANSAS
FORT RILEY (32 UNITS) .. 8.300 8.JOO
FORT RILEY (3D UNITS) ..•.... _...........•........... 8,400 8.400
KENTUCKY
FORT KNOX (178. UNITS) . 41,000 41.000
NEW HEXICO
WHITE SANDS "ISSILE RANGE (58 UNITS) ....•.......... 14 .600 14 .800
OKLAHDRA
FORT SILL (50 UNITS) . 10.000 .10.DOO
FORT SILL (70 UNITS) ..•.................•........... 15.373 15.373
VIRGINIA
FORT LEE (90 UNITS) ........••....................... 16.000 18.000
CONSTRUCTION IHPROVEftENTS . 156.030 130.4JO
PLANNING AND DESIGN _ . 32,488 32.488
RESCISSION (P.L. 107-249) . -52.300 -94.151
SUBTOTAL. CONSTRUCTION .••••..........••....•..•...
356.891 289.440
45
"ILITARV CONSTRUCTION
(AMOUNTS IN THOUSANDS)
BUDGET CONFERENCE
REQUEST AGREE"ENT
OPERATION AND "AINTENANCE

UTILITIES ACCOUNT ........•...•••.........•.......... 167.332 167,332
SERVICES ACCOUNT. . . . . . . . . . . . . . . . . . .. . . 46.735 46.735

MANAGE"ENT ACCOUNT . 66.326 86.326
MI SCELLANEDUS ACCOUNT . 1.311 1.311
FURNISHINGS ACCOUNT ........•..•................•.... 44.656 44.65B
LEASING .. '" . 234.471 234,471
MAINTENANCE OF REAL PROPERTy . 432,605 432,6D5
MORTGAGE INSURANCE PRE"IU" ....•........•............ 1 1
HOUSING PRIVATIZATION SUPPORT COSTS . 29.567 29,567
GENERAL REDUCTI ON. . . . . . . ·10,000
SUBTOTAL. OPERATION ANO ~INTENANCE ..........•....
1.043.026 1.033.026
TOTAL. FA"ILV NOUSING. AR"Y . 1.399.917 1.322.466

FAMILY HOUSING. NAVY ANO "ARINE CORPS
CALIFORNIA
LE"OORE (IB7 UNITS) . 41.565 41.565
FLORIDA
PENSACOLA (25 UNITS) . 3,197 3.197
NORTH CAROLINA
CHERRY POINT (339 UNITS) . 42,B03 42. BD3
CAIlP LEJEUNE (161 UNITS) .................••......... 21.537 21.537
CAI1P LEJEUNE (358 UNITS) . 46.244 46.244
CONSTRUCTION IMPROVEMENTS . 20.446 20.446
PLANNING AND DESIGN ........••.........................
8.381 8.361
RESCISSION (P.L. 107·249).............................
.40.506
SUBTOTAL, CONSTRUCTION . 164.193 143.665
OPERATION AND "AINTENANCE
UTILITIES ACCOUNT .........•...•...•.•......•..••....

164.556 184.556
FURNISHINGS ACCOUNT .......•..•..........•.• : •.......
25,482 2S.462
MANAGE"ENT ACCOUNT ........•.............•......•....
78,325 70,625
"ISCELLANEOUS ACCOUNT. ......•.......................
807 807
SERVICES ACCOUNT ............•................••.....
62.730 62.730
LEASING ...................................•.........
132.433 132.433
MAINTENANCE OF REAL PROPERTy ..................••....
377.792 377 . 792
"ORTGAGE INSURANCE PRE"IU" .....•....................
64 64
HOUSING PRIVATIZATION SUPPORT COSTS ........•.••.....
10.609 10.609
GENERAL REDUCTION .............................•.....
-10.000
SUBTOTAL, OPERATION AND "AINTENANCE .....•....•.... 852.77B B35.078
TOTAL. FAMILY HOUSING. NAVY AND HARtNE CORPS .... 1,036,971 978.763
FAMILV HOUSI"G. AIR FORCE
ARIZONA
DAVIS·"ONTHAN AFB (93 UNITS) . 19.357 19.357
CALIFORNIA
TRAVIS AFB (56 UNITS) . 12,723 12.723
DELAWARE
OOVER AFB (112 UNITS) .. 19,601 19,801
FLORIDA
EGLIN AFB (27& UNITS) .. 32.166 32.168
IDAHO
"OUNTAIN HDIIE AFB (l66 UNITS) . 37,126 37.126
"ARYLAND
ANDREWS AFB (SO UNITS) . 20.233 20.233
46
"ILITARV CONSTRUCTION
(MOUNTS IN THOUSANDS)
BUDGET CONFERENCE
REQUEST AGREE"ENT
KISSOURI
WHITEIlAN AFB (100 UNITS) . 18,221 18,221
_. HONTAHA
IlALNSTROH AFB (94 UNITS) ...••••••••• , ••• , ..••.. , .•.. 19.3B8 19,388
NORTH CAROLINA
SEVHOUR JOHNSON AFB (138 UNITS) .. 18.338 18.336
NORTH DAKOTA
GRAND FORKS AFB (144 UNITS) . 29,550 29.550
"INOT AFB (200 UNITSI ..••.•• " ••••.......•.••••••.•• 41,117 41,117
SOUTH DAKOTA
ELLSWORTH AFB (75 UNITS) •••..•.••••• " .•. , ••...••.•. 16.240 16,240
TEXAS
DVESS AFB (116 UNITS) .. 19,973 19.973
RANDOLPH AFB {96 UNITS) ...••.••••••••. , .•...••• ,., •• 13,754 13.754
KOREA
OSAN lIB (111 UNITS) .. 44.765 44,765
PORTUGAL
LAJES FIELD (42 UNITS) ....•• , ..••.. , ••.•.••.•••....• 13.428 13.428
UNITED KINGDON
RAF LAKENHEATH (B9 UNITS) ..•••••.•..•.....••.•.••••. 23,640 23.640
CONSTRUCTION I"PROVE"ENTS ••..•••.••...•.•••••..••...•• 223,979 223.979
PLANNING AND DESIGN ••.••.•..••...••••••• , ..••••••.•... 33,488 33,488
RESCISSION (P.L. 107·249) . ·19,347 ·19.347
SUBTOTAL. CONSTRUCTION . 837.718 637,718
OPERATION AND HAINTENANCE

UTILITIES ACCOUNT ..••. , .••••.••••••• , , , •.•••.•••••.. 132,651 132,851
"ANAGENENT ACCOUNT . 70,083 70,083
SERVICES ACCOUNT ••.........•. , •••••••............... 2B.070 26,070
FURNISHINGS ACCOUNT . 43,006 43.006
"ISCELLANEOUS ACCOUNT ..••.••.••.•.............•..... 2.527 2,527
LEASING . 119.908 111,514
"AINTENANCE OF REAL PROPERTY ...............•.....•.• 395.850 395.850
KORTGAGE INSURANCE PREHIU" . 37 37
HOUSING PRIVATIZATION SUPPORT COSTS •....•..••••••... 44.536 44.536
GENERAl. REDUCTION .......•.•......................... .10,000
SUBTOTAL. OPERATION AND "AINTENANCE. '" •....•..• 634.488 816.074
TOTAL, FAHILV HOUSING. AIR FORCE ..••.•.••.•••... 1.472,188 1,453,792
FAHILV HOUSING. DEFENSE·WIDE
CONSTRUCTION I"PROVE"ENTS {NSA) . 50 50
PLANNING AND DESJGN (DLA) .......•.•.•••..••••.•.......

300 300
SUBTOTAL. CONSTRUCTION . 350 350
OPERATION ANO HAINTENANCE

UTILITIES ACCOUNT (NSA I . 413 413
FURNISHINGS ACCOUNT (NSA) •.•••••..........••••••..•. 112 112
"ANAGEIlENT ACCOUNT (NSA) . 13 13
"ISCELLANEOUS ACCOUNT (NSA) ••..•••.•..•.....•••..... 51 51
SERVICES ACCOUNT (NSA) •• , ••• , •••••.•••••••.••••••.•• 405 405
LEASI NG ( NSA) • , •••• , .•••••.••.•.......•..••...•..... 11,987 11 ,987
"AINTEHANCE OF REAL PROPERTY {NSA) •.•...••..•......• 2.528 2.528
FURNISHINGS ACCOUNT (DIA) .•••..•...• , ....•••......•. 3,844 3,844
LEASING (OIA) .•.•................................... 27.225 27.225
UTILITIES ACCOUNT (OLA) .•••••••.•••.•....•••.••••••. 412 412
FURNISHINGS ACCOUNT (OLA) ••••••••.•.•• ' ••••••••••••• 32 32
47
"IlITARY CONSTRUCTION
BUDGET CONFERENCE
REQUEST AGREE"ENT
SERVICES ACCOUNT (OLA) .............•................ 72 72

"ANAGE"ENT ACCOUNT (OLA) . 289 288
~INTENANCE OF REAL PROPERTY (DlA) ....•.•...•....... 2.D57 2,057
SUBTOTAL. OPERATION AND ~INTENANCE ....•.•...... 49.440 49.440
TOTAL. FA"llY HOUSING. DEFENSE·WIDE ....•..•..... 49.790 49.790

DEPART"ENT OF OEFENSE FA"IlY HOUSING
I"PROVE"ENT FUND
DEPART"ENT OF DEFENSE FAftIlY HOUSING I"PROVE"ENT FUND. 300 300

RESCISSION .•.....•......•......................... -9.692
TOTAL, DEPART"ENT OF DEFENSE FAftIlY HOUSING
I "PROVE"ENT FUND ...••...................••.... 300 ·9,392
BASE REALIGN"ENT AND CLOSURE ACCOUNT
BASE REAlIGN"ENT AND CLOSURE ACCOUNT ........•........•
370,427 370,427
GENERAL PROVISIONS
GENERAl PROVISION (SEC. 118) .. 55.000 55.000
GRAND TOTAl. 9.117.281 9.316.000

48
CONFERENCE TOTAL-WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year
2004 recommended by the Committee of Conference, with compari
sons to the fiscal year 2003 amount, the 2004 budget estimates,
and the House and Senate bills for 2004 follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2003 .. $10,698,800
Budget estimates of new (obligational) authority, fiscal year 2004 9,117,281
House bill, fiscal year 2004 . 9,196,000
Senate bill, fiscal year 2004 . 9,196,000
Conference agreement, fiscal year 2004 .. 9,316,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year 2003 . -1,382,800
Budget estimates of new (obligational) authority, fiscal year
2004 . +198,719
House bill, fiscal year 2004 .. +120,000
Senate bill, fiscal year 2004 .. +120,000
JOE KNOLLENBERG,
JAMES T. WALSH,
ROBERT B. ADERHOLT,
KAy GRANGER,
VIRGIL GOODE,
DAVID VITTER,
JACK KINGSTON,
ANDER CRENSHAW,
BILL YOUNG,
CHET EDWARDS,
SAM FARR,
ALLEN BOYD,
SANFORD D. BISHOP, Jr.,
NORMAN DICKS,
DAVID OBEY,
Managers on the Part of the lIouse.

KAy BAILEY HUTCHISON,
CONRAD BURNS,
LARRY E. CRAIG,
MIKE DEWINE,
SAM BROWNBACK,
TED STEVENS,
DIANNE FEINSTEIN,
DANIEL K. INOUYE,
TIM JOHNSON,
MARy LANDRIEU,
ROBERT C. BYRD,
Managers on the Part of the Senate.
o
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
May 20,2003
(Senate)
STATEMENT OF ADMINISTRATION POLICY

(THI~_ STATEMENT HAS BEEN COORDINATED BY OMB WITH THE CONCERNED AGENCIES.)
S. 1050 - National Defense Authorization Act for Fiscal Year 2004
(Senator Warner (R) VA)
The Administration appreciates the Senate Anned SeIVices Committee's continued support of our
national defense. The Committee-reported bill includes, for example, endorsement of the President's
requested military pay raise and other benefits critical to maintaining the high quality and morale of
America's anned forces, continuance with needed fleXIbility ofthe Cooperative Threat Reduction
program, and support for critical research and development fur low-yield nuclear weapons. It is
essential to undertake the research needed to evaluate a range ofD.S. options that may prove essential
in deterring or neutralizing future threats. The Administration welcomes section 322, which addresses
readiness issues associated with the Endangered Species Act, but urges support for the remaining
provisions in the Readiness and Range PresetVation Initiative, which are intended to ensure that the ,men
and women of our Anned Forces receive the training they need to succeed when put in harms way_
The Administration looks forward to working with the Congress to address the priorities set forth in the
"Defense Transfonnation for the 21 st CentuIy Acf' in the final defense authorization bill that is presented
to the President.
The Administration would oppose any amendments to change the base realignment and closures
(BRAC) authority passed by the Congress two years ago and if any such amendment should be
included in the final legislation, the Secretary of Defense, joining with other senior advisors, would
recommend that the President veto the bill.
The Administration has a number of other concerns with the bill, including those described below. The
Administration looks forward to working with the Congress on these and other issues as the bill moves
through the legislative process.
• Missile Defense. The Administration appreciates the bill's full funding ofmissile defense
programs and sections 221-223, which eliminate statutory restrictions to the program element
structure and authorize the use ofResearch, Development, Testing, and Evaluation (RDT&E)
funding to support development and fielding of initial ballistic missile defense capabilities. The
Administration believes, however, that giving responsibility for RDT&E for the Patriot
Advanced Capability - 3 (PAC-3) and Medium Extended Air Defense System (MEADS)
programs to the Missile Defense Agency (MDA) would detract from MDA's primary
responsibility ofballistic missile defense and would impede progress in PAC-3 and MEADS,
particularly for their roles in air defense. That latter responsibility should go to the Department
oftheAnny.
• Train and Equip. The bill does not include section 441, Support of Foreign Nations
Committed to Combating Global Terrorism, of the Administration's proposed Defense
Transfonnation Act This authority would allow the Department of Defense (DoD) flexibility
to provide time-sensitive military support to key cooperating nations that are assisting in the
global war on terrorism It would allow DOD to provide training and equipment expeditiously
and~fficiently in response to unanticipated, no-notice requirements that the global war on
terrorism may generate.
• Continuity of Operations. The Administration urges the inclusion of the requested authority to
facilitate the relocation of DoD's command and control leadership. This authority would
enable the Secretary of Defense to: (1) designate other facilities as part of the Pentagon
Reservation, and (2) manage and maintain relocation facilities, particularly the primary
alternate relocation facility, as turn-key alternatives ready as fully operational alternatives
without warning.
• Overseas Basing Commission The Administration opposes the provision to establish a

commission to review DoD's overseas presence. Establishing this commission is not
necessary. The Department has accelerated its ongoing review to adjust the global positioning
of forces and supporting infrastructure and plans to infonn Congress of its recommendations.
• F-22. The Administration opposes the bill's production cut of two F-22 aircraft. Restrictions
on production quantities would undennine the program's buy-to-budget strategy, through
which the Air Force will acquire as many aircraft as it can within the program's cap on total
fimding.
• Space Launch Capability. The Administration strongly objects to language in Section 913
that would require two space launch vehicles or families of space launch vehicles fur all
national security payloads. The requirement to make every national security payload dual
compatIble with two families of launch vehicles would be problematic and could seriously
delay or curtail many critical national security payloads at high taxpayer costs. The Secretary
ofDefense and Director of Central Intelligence should have the ability, consistent with
National Space Policy, to waive the dual compatibility requirement on selected national
security payloads, based on unique or extenuating requirements.
• Limitations, Restriction, fleXIbility Issues. The bill includes provisions that would add more
complexity and impose limitations on lliD's management structure, including sections 231
234 and section 211, which would prohibit the transfer ofseveral programs outside the Office
of the Secretary of Defense (OSD). Transfer ofthese programs would improve management
efficiency and allow OSD to focus on providing oversight and strategic guidance to the entire
Department.
• Indemnification - Counterterrorism Technology. The Administration strongly opposes section

851, which would authorize the Federal government to provide unlimited indemnification to
companies that sell counterterrorism technology to State and local govenunent agencies and
could make the govenunent liable for excessive costs that cannot be reasonably estimated or
controlled. The Support Anti-terrorism by Fostering Effective Technologies Act of 2002
already provides critical incentives for the development and deployment ofanti-terrorism
technologies to State and local govenunents by providing liability protections for sellers of
qualified anti-terrorism technologies.
• Perchlorate Study. While Administration supports the intent of section 331 (b), which requires
a review of the effects ofperchlorate on the endocrine system, we are concerned that this
section would unnecessarily duplicate an ongoing National Academy of Sciences study
(initiated in March 2003) being undertaken pursuant to the request of the Federal Interagency
Working Group on Perchlorate.
• Special Pay and Benefits. The Administration is concerned that a number of unsought special
pay and benefit authorities, including sections 604, 606, 615, 616, and 643, divert resources
unnecessarily. These mandatory authorities would undennine each Service's determination of
whether such additional benefits are warranted and appropriate. Specifically, section 616
(Assignment Incentive Pay for Service in Korea), Assignment Incentive Pay authority enacted
in last year's Defense Authorization bill, already authorizes Service Secretaries discretion to
award such pay as necessary, thus obviating the need for any additional authority.
• Bevy Amendment. The Administration is concerned that section 831, dealing with
exceptions to the Beny Amendment, should be modified to ensure that textile products are
appropriately covered consistent with the Administration's request.
• Public-private competitions. The Administration strongly supports clear statutory authority for
the Department's use ofbest value source selections in public-private competitions, but
opposes caveats in ~ection 812 that would sunset the authority, preclude its application to
needs other than information technology, or sanction timeframes for conducting competitions
that conflict with tlDse established in OMB Circular A-76.
******
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
July 10, 2003

(Senate)
STATEMENT OF ADMINISTRATION POLICY

(THI~_ STATEMENT HAS BEEN COORDINATED BY OMB WITH THE CONCERNED AGENCIES.)
S. 1357 - Military Construction Appropriations Bill. FY 2004
(Sponsors: Stevens (R), Alaska; Bynl (0), West Virginia)
The Administrntion supports Senate passage of the FY 2004 Militaly Construction

Appropriations Bill. The bill ensures that the Nation's military construction priorities are met, and
provides resources and infrastructure for our fighting forces at home and abroad. In particular, we
appreciate the level of support for Base Realignment and Closure and 1he critical resources needed to
improve the quality ofhousing for our service men and women and their families.
The Administrntion applauds the Senate Committee for reporting a bill that is fiscally
responsible. The President supports a discretionary spending total of $784.7 billion, along with advance
appropriations of$23.2 billion for FY 2005 -- consistent with his Budget and the FY 2004
Congressional Budget Resolution. Only within such a fiscal environment can we encourage increased
economic growth and a return to a balanced budget.
The bill provides $9.1 billion for military construction and family housing, $79 million above the
President's request. While the bill contains a number ofunrequested projects, it provides resources
critical to improving service members' quality oflife. The Administrntion has several specific concerns
with the Senate bill and will wolk with the Congress on these and other issues as the bill moves through
the legislative process.
Overseas Basing:
• The Administrnfun is concemed that the Senate bill does not support the Administrntion's
amended budget request for military construction projects in Gennany and Korea. The
amended request reflects an assessment made by the Department of Defense on changes to the
U.S. overseas basing strategy. Projects funde4 are at locations that will remain key to our
overseas basing posture. The Administration strongly urges the Senate to support the German
and Korean projects.
• The Administrntion opposes Section 128, which would establish a commission to review the
Department of Defense's overseas presence, and believes the commission is unnecessary given
that the Department has accelerated its ongoing review ofthe global position of forces and
supporting infrastructure and plans to infonn the Congress of its recommendation;. In addition,
the Commission would be composed of members appointed by the Congressional leadership
and would, therefore, be part of the Legislative Branch. Any Commission request for
confidential infonnation from Federal departments or agencies must be considered in light of the
President's constitutional responsibility to protect confidential information.
Perchlorate Study:
• The Administration supports the Senate Committee's intent regarding identifying the sources of
perchlorate contamination at base realignment and closure sites. However, the feasibility of
completing the assessment within the timeframe specified is questionable and ftmding to cover
these costs is not included in the bill.
Constitutional Concerns
• Sections 107, 110, and 113 of the bill provide for notice to the Congress ofrelocation of
activities between militaIy installations, initiation ofa new installation abroad, or U.S. military
exercises involving $100,000 in construction costs. Such provisions should recognize that
although the notice can be provided in most situations as a matter ofcomity, situations may
arise, especially in wartime, in which the President must act promptly under his constitutional
grants of executive power and authority as Commander in Chief while protecting sensitive
national security information.
******
/3
Unknown
From: Cotter, Sandra, Ms, OSD-ATL
Sent: Friday, November 22, 2002 11 :40
To: Ledbetter, George, COL, DoD OGC
SUbject: FW: DoD Perchlorate Assessment Policy
~
~
Sampling_Nov02.pd
f
-----Original Message-----
From: Kowalczyk Daniel [mailto:
r ~
Sent: Friday, November 22, 2002~;~~ AM

To: Marriane Miclat; Lori Geckle; Robert Dimichele; Pauline Storum;
Easter Thompson; Glenn Flood; Tim Flaherty; Kenneth Hess; Roxanne Smith;
Betty-Anne Mauger; Elizabeth Benn; LCdr Ed Zeigler; LT Whit Deloach;
Geoffrey Cullison; Lt Col Dan Rogers; Shah Choudhury; Lt Col Jeff
Cornell; Mike Garrison; Lt Col David Roe; Larry Glidewell; Angela
Atkins; David Carrillo; Lt Col Sherman Forbes; Bryan Harre; Norman
Gelfand; Erica Becvar; Dave Mattie; Cornell Long; Kurt Kratz; Maj David
Rose; Jeff Breckenridge; Connie Van Brocklin; Elaine Ross; Katharine
Kurtz; Michael Major; Malcolm Garg; Lt Col Barbara Larcom; Sardar .
Hassan; Maj Bill Myer; Ben Gregson; Maj Sandy Sinay; Lt Col Jacqueline
Little; Gail Bruss; Capt Lucy Murfitt; Lois Bohne; Marriane Miclat;
Larry Groner; Sandra Cotter
Subject: DoD Perchlorate Assessment Policy
Some of you may already have seen this, but find attached the recently
released DoD Perchlorate Assessment Policy. Feel free to distribute
more widely.
vir
Dan
Daniel Kowalczyk
~o~ Allen Hamilt~nl
__.-1
1
- -------------
,<,' .'
OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON
WASHINGTON, DC 2.0301-3000
NOV. 1 32D!2
ACQUISITION,
TECHNOL.OGY
AND L.OGISTICS
MEMORANDUM FOR DEPUTY ASSISTANT SECRETARY OF THE ARMY

(ENVIRONMENT, SAFETY AND OCCUPATIONAL
HEALTH)
DEPUTY ASSISTANT SECRETARY OF THE NAVY
(ENVIRONMENT)
DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
(ENVIRONMENT, SAFETY AND OCCUPATIONAL
HEALTH)
DIRECTOR, SUPPORT SERVICES, DEFENSE LOGISTICS
AGENCY
SUBJECT: Perchlorate Assessment Policy
000 Components may ascertain and assess for perchlorate if there is a reasonable
basis to suspect both a potential presence of perchlorate and a pathway on their
installations where it could threaten public health.
000 Components can use environmental restoration funding only for sites that
meet Defense Environmental Restoration Program (DERP) eligibility requirements in the
current version of the DERP management guidance. At other sites, this memorandum
establishes DoD policy to allow Components to consider this a Class II requirement
under DoD Instruction 4715.6 "Environmental Compliance".
Please provide the following information for those installations that conduct
sampling and find perchlorate: 1) Installation, 2) Level found and 3) Where the
perchlorate was found.
My point of contac~ is Me. Shah A. Choudhury, (703) 697-7475 for DERP and Ms.
Maureen Sullivan, (703) 604-0519, for all oth~r matters.
/ 7
~ klJ~~ l-v~.
":;J
5/7
John Paul Woodley, Jr. 7'~
Assistant Deputy Under Secretary
of Defense (Environment)
Message
Page 1 of 1
Unknown
/9
From: Miller, Edmund, Mr, OSD-ATL
Sent: Wednesday, October 01, 2003 08:27
To: Kratz, Kurt, , OSD-ATL; Cotter, Sandra, Ms, OSD-ATL; Sullivan, Maureen, Ms, OSD-ATL
Subiect: FW: DoD Perchlorate Sampling Policy
--
Ed Miller
9.DUSD (I&E) En_vironmental Management
"".
.
L ngmar'~-----
----- Q
. . •' (
From: Sullivan, Maureen, Ms, OSD-ATL
Sent: Tuesday, September 30, 2003 12:46 PM
To: Miller, Edmund, Mr, OSD-ATL; Schirf, Gregory, Mr, OSD-ATL; Coho, John Mr OSD-ATL; Larkin, Janice, Ms,
OSD-ATL; Engle, Frederick, CTR, OSD-ATL; Halfmoon, Stacey, Ms, OSD-ATL; May, Grady, Mr, OSD-ATL;
Petrucelli, Darlene CTR OSD-ATL
Cc: Bowling, Curtis, Mr, OSD-ATL; Beard, Bruce, Mr, OSD-ATL
Subject: FW: DoD Perchlorate Sampling Policy
Mr. Grone signed the policy yesterday. Note that Kurt already sent it to Lenny Siegel. He also sent it to
DENIX to be posted on the mainpage.
Maureen Sullivan
O.QUSD(I&E) ~
l -----0"
nglna 1Message----
.
From: Kratz, Kurt, , OSD-ATL
Sent: Tuesday, September 30,2003 12:43 PM
To: Sullivan, Maureen, Ms, OSD-ATL
Subject: FW: DoD Perchlorate Sampling Policy
-----Original Message----
From: Kratz, Kurt, , OSD-ATL
Sent: Monday, September 29,20034:35 PM
TO~'- ~ J
Cc: "Meehan, patricKMr, OSD-ATL
Subject: DoD Perchlorate Sampling Policy
Lenny,
New policy is out. Pat Meehan asked me to send it to you ASAP. Let us know what you think, offline if
necessary.
Kurt Kratz ---.
C --.i
9/13/2005
OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON
WASHINGTON, DC 20301·3000
ACQUISITION.
TECHNOLOGY
AND LOGISTICS
MEMORANDUM FOR ASSISTANT SECRETARY OF THE ARMY

(INSTALLATIONS AND ENVIRONMENT)
ASSISTANT SECRETARY OF THE NAVY
(lNSTALLAnONS AND ENVIRONMENT)
ASSISTANT SECRETARY OF THE AIR FORCE
(lNSTALLATIONS, ENVIRONMENT, AND LOGISTICS)
DEFENSE LOGISTICS AGENCY (DSS-E)
SUBJECT: Interim Policy on Perchlorate Sampling
There are a number of actions that the Department of Defense (DoD) has
undertaken to address perchlorate in drinking water, including monitoring for perchlorate
through the Safe Drinking Water Act's (SDWA) Unregulated Contaminant Monitoring
Rule (UCMR), monitoring surface water discharge under the Clean Water Act (CWA) at
States' requests, and collection of data on occurrence of perchlorate at Defense
Environmental Restoration Program (DERP) sites. Given recent public concerns over
possible risks associated with perchlorate, the Department believes it is appropriate to
take additional measures to assess the extent of perchlorate occurrence at active and
closed installations, ranges, and Formerly Used Defense Sites (FUDS). Towards that
end, DoD Components shall continue to consolidate existing perchlorate occurrence data,
and shall sample any previously unexamined sites where a perchlorate release is
suspected because of DoD activities and where a complete human exposure pathway is
likely to exist. DoD Components shall establish and maintain databases containing the
information listed in the enclosed spreadsheets described in each section below. This
policy supercedes the DoD November 13,2002, memorandum; Perchlorate Assessment
Policy.
1. SDWA
The UCMR (40 CPR Parts 9,141, 142) mandates that all community and non
transient non-community water systems serving more than 10,000 people, as well as
smaller systems selected by the U.S. Environmental Protection Agency (EPA), monitor
for specific contaminants, including perchlorate. Some military installations are subject
to the UCMR and, therefore, should be testing for the presence of perchlorate and
repuning the results to EPA nnd state regulators, as appropriate. UCMR sampling and
reporting is a Class 1 compliance-funding requirement. This requirement is not
applicable to FUDS.
Enclosure 1
Unregula1ed Contaminant Monitoring Rule Sarrcting Resuhs
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Enclosure 2
National Pollutant Discharge Elimination System
Sampling Results
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Each Component shall establish and maintain a database of UCMR sampling
activities. The database shall include installation identification information, all data
points collected, and, at a minimum, the information listed in enclosure 1. DoD
Components shall work with the DoD SDWA Services Steering Committee in compiling
a consolidated DoD report of UCMR sampling results by January 31, 2004.
II. CWA
Several states require some military installations to monitor for perchlorate under
the CWA National Pollutant Discharge Elimination System (NPDES) permit program.
Sampling and reporting in compliance with an NPDES permit is a Class 1 compliance
funding requirement. This requirement is not applicable to FUDS.
Each DoD Component shall establish and maintain a database of sampling data
(by discharge point) for those permitted discharges that have a perchlorate reporting
requirement in their NPDES permit, or other state requirement to monitor for perchlorate.
The DoD Components shall list every NPDES discharge point required to monitor for
perchlorate. The database will contain, at a minimum, the information listed in enclosure
2. DoD Components shall work with the DoD CWA Services Steering Committee in
compiling a consolidated DoD report of NPDES sampling results by January 31, 2004.
III. Environmental Restoration
DoD Components shall continue to consolidate existing perchlorate occurrence

data at DoD active or closed installations, non-operational ranges, and FUDS. For these
categories, DoD Components shall also program resources and sample for the presence of
perchlorate at any previously unexamined site where there is a reasonable basis to suspect
that a release has occurred as a result of DoD activities and where a complete human
exposure pathway is likely to exist. DoD Components shall consult with their office of
counsel to determine an appropriate course of action with regard to sampling at sites
involving potentially responsible parties other than DoD.
In determining the likelihood of perchlorate occurrence, DoD Components should

consider the volume of perchlorate used, or disposed, and/or the intensity of perchlorate
related activities at the site. Activities that could potentially contribute to perchlorate
occurrence include, but are not limited to:
a. The manufacture/maintenance of missiles, rockets and/or munitions containing

perchlorates;
b. The use of perchlorate-containing munitions for training or testing purposes;
c. The demilitarization of perchlorate-containing munitions using techniques,
such as "hog-out" of rockets and missiles containing solid propellant; and,
d. Open burning/open detonation operations.
In assessing potential pathways of exposure, DoD Components should consider
whether there are:
a. Drinking water sources likely to be impacted by ground water or surface water

on or-leaving the active or closed installation, non-operational range, or FUDS;
and/or,
b. Drinking water systems on or near the active or closed installation, non
operational range, or FUDS that are listed on EPA's UCMR database.
Each DoD Component shall establish and maintain a database of existing data and
the data collected pursuant to this policy at active and closed installations, non
operational ranges, and FUDS. The database will include, at a minimum, the information
listed in enclosure 3. DoD Components shall work with the DoD Cleanup Conunittee in
compiling a consolidated DoD report of sampling results by January 31,2004.
IV. Funding
DoD Components may only ust: t:nviromuental restoration funding for sampling
activities that meet DERP eligibility requirements described in the current version of the
DERP Management Guidance. Under DoDI 4715.6, "Environmental Compliance,"
perchlorate sampling is an Environmental Quality Status Class I requirement.
V. Ranges
Assessing operational ranges for the potential for off-range migration of

perchlorate is consistent with the Munitions Action Plan and the Defense Planning
Guidance (DPG) requirements. The DPG requires the Secretaries of the Military
Departments to assess potential hazards from off-range migration of munitions
constituents. This policy memorandum requires the Military Departments to include
perchlorate in future range assessments.
VI. Other Related Efforts
Currently EPA has only one approved method for testing for the presence of
perchlorate. This method (Method 314.0) is only approved for testing drinking water.
Alternative test methods have proven to be more accurate and reliable for other media
(i.e., soil, sediment, groundwater, etc.). Therefore, DoD Components are required to
develop guidance for appropriate testing methodologies for perchlorate in other media. If
alternative sampling protocols are used, the method must be documented in the enclosed
spreadsheets.
In addition, DoD Components shall continue to work together to develop and
demonstrate new technologies for treatment and cleanup of perchlorate. I appreciate your
support for these important efforts.
Phil W. one
Principal Assistant Deputy Under Secretary of Defense
(Installations and Environment)
Enclosures:
1. UCMR Spreadsheet
2. NPDES Spreadsheet
3. Site Sampling Spreadsheet
Unknown
From: Kratz, Kurt, ,OSD-ATL

Sent: Wednesday, May 28, 2003 1'0:00
To: Cotter, Sandra, Ms, OSD-ATL; Choudhury, Shah, Mr, OSD-ATL
Subject: FW: DOD perclorate policies memo and interview request
From: Flood, Glenn, CIV, OASD-PA
Sent: Wednesday, May 28, 2003 8:56 AM
To: Woodley Jr., John, Mr, OSD-ATL
Cc: Kratz, Kurt, , OSD-ATLi Ferguson, Phyllis, Ms, OSD-ATL
Subject: RE: DOD perclorate policies memo and interview request
Thanks, I agree, that material should answer the mail.
Glenn
From: Woodley Jr., John, Mr, OSD-ATL
To: Flood, Glenn, CIV, OASD-PA
Subject: RE: DOD perclorate policies memo and interview request
Glenn--the document he cites is an early staff draft that was never
signed or issued. The current policy is in a November 2002 memorandum.
Kurt has a copy of it, and we can send it to Mr. Danelski. This policy
is now under review and a new policy memorandum may be issued soon.
The perchlorate/RRPI issue was addressed by Ben Cohen in his Senate EPW
testimony, and Mr. Danelski can be sent a copy of that.
I am checking on the status of the Kerr-McGee site and our relationship
with it. I am not aware of any complaint that DoD or the Navy or NASA
is not taking whatever action is appropriate on the Kerr-McGee site.
Since our policy is well documented, I would not see anything an
interview would add.
Best,
J P Woodley
From: Flood, Glenn, CIV, OASD-PA
To: Woodley Jr., John, Mr, OSD-ATL
Subject: FW: DOD perclorate policies memo and interview request
Any guidance on this?
Thanks-
Glenn
-----Original Message----- ~
From: David Danelski [mailto{
Sent: Tuesdav. May 27, 213 6~4 PM
To: r-
Cc: \
- '
.' 1
Subject: DOD perclorate policies memo and interview request
To Glenn Flood
From David Danelski, staff writer, The Press-Enterprise
Three points:
1) You have yet to respond to my May 22, 2003 e-mail to you concerning a
perchlorate policy memo by Assistant Deputy Under Secretary of Defense
John Paul Woodley. Have you had chance to review it? We are still trying
to confirm its authenticity. It was posted on the website of the Center
for Public Environmental Oversight.
2) The Woodley memo, posted in July of 2002, states: "At this time, it
is premature to take further action
in absence of promulgated regulatory standards. I am not authorizing any
environmental restoration study or cleanup beyond sampling and analysis
without a regulatory driver. Similarly, a promulgated regulatory
standard
will be needed for environmental compliance action beyond sampling and
analysis for Ammonium Perchlorate."
------ Is that statement current or past DOD policy on perchlorate?
3) We also would like to interview Mr. Woodley or the appropiate DOD

official to get an understanding about DOD policy regarding perchlorate
contamination at current or former military sites or at sites operated
by military contractors.
We further want the DOD's response to those who argue that DOD may be
trying avoid liability for perchlorate contamination by:
a) not assisting with the cleanup at the Kerr-McGee site that is

polluting the Colorado River even though the Navy is former owner of the
site and that 90 percent of the perclorate products, according to the
EPA, were used by the military or NASA.
b) language in the proposed "Readiness and Range Preservation

Initiative" that defines solid waste as including "explosives, ordance,
munitions, minition fragments, or constituents thereof that;"
-- I hope to hear from you soon as I am up against deadlines.
David Danelski
Staff Writer
The Press-Enterprise
3512 14th St.
r e r s i d e . C:A
Here is the Woodley memo:
MEMORANDUM FOR DEPUTY ASSISTANT SECRETARY OF THE ARMY (ENVIRONMENT,
SAFETY, AND OCCUPATIONAL HEALTH) DEPUTY ASSISTANT SECRETARY OF THE NAVY
(ENVIRONMENT) DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE (ENVIRONMENT,
SAFETY, AND OCCUPATIONAL HEALTH) STAFF DIRECTOR, ENVIRONMENT AND SAFETY,
DEFENSE LOGISTICS AGENCY SUPPORT SERVICES (DSS-E)
SUBJECT: Interim Guidance on Sampling for Ammonium Perchlorate
Contamination
With a high level of interest in potential drinking water contamination
from
2
.1/;-,
Ammonium Perchlorate, I am issuing this interim guidance on sampling for

Ammonium Perchlorate at. Department of Defense (000) installations. As
you
are aware, the US Environmental Protection Agency (EPA) is in the
process of
completing a risk assessment on Ammonium Perchlorate that will lead to a
reference dose (RfD) for Ammonium Perchlorate. Once established, the
Perchlorate RfD can be used for conducting risk assessments for human
and
ecological exposures for environmental restoration purposes and for
setting
a Federal drinking water standard (i.e., maximum contaminant level under
the
Safe Drinking Water Act). A few states are also taking actions on
provisional non-enforceable Ammonium Perchlorate risk or action levels.
While Ammonium Perchlorate is on track for future regulatory action at
both
the national and state levels, it is important to note that a RfD or
enforceable regulatory standards have not been established, and
questions
about Ammonium Perchlorate health effects remain. To maintain a
proactive
000 stance in absence of a Federal or state promulgated regulatory
driver,
and to assist installations in responding to regulatory requests to
sample
soil, ground water, and surface waters, Components should follow the
following guidelines:
a. Basis for Sampling. Appropriate installation level sampling and
analysis
for Ammonium Perchlorate is authorized when validated by the Component.
Sampling for Ammonium Perchlorate will only be considered if there a
reasonable basis to suspect a potential presence of Ammonium Perchlorate
based on prior or current use, treatment, storage, or disposal. Sampling
without a reasonable basis is not authorized, as there is little to be
gained in expending compliance or environmental restoration funds
without a
meaningful purpose.
b. Funding Sampling and Follow-On Actions. Components are to program,
budget, and use appropriate funding for Ammonium Perchlorate sampling,
analysis, and any necessary follow-on actions. Installations are to
conduct
Ammonium Perchlorate sampling and analysis when appropriate funding
resources are identified and available. Environmental restoration
funding
can only used for sites that meet Defense Environmental Restoration
Program
(DERP) eligibility requirements in the current version of the DERP
Management Guidance. Installations may only choose to do earlier
voluntary
sampling only if Ammonium Perchlorate is suspected of affecting drinking
water sources and within available installation funding resources.
c. Analysis Method. At present, EPA Method 314.0 is the only approved
method
for the analysis of Perchlorate in water. Please note that the current
acceptable EPA minimum reporting level (MRL) for this method of 4 ppb,
using
a MRL below the current EPA approved level could lead to the detection
of
"false positives" from matrix interferences and limitations of the
analytical method. If a regulatory agency desires a lower method MRL,
then
that agency needs to suggest a modified method that meets all EPA
quality
control guidelines and approvals.
d. Conducting Sampling. Ammonium Perchlorate sampling plan will be based
on
3
specific site conditions. If sampling is being conducted at request of a
regulatory agency, the installation is to develop a develop a written
agreement with the appropriate regulatory agency prior to sampling that
clearly describes an acceptable sampling approach and potential further
action to be taken based on the analytical results. Regulatory agency
requests must clearly state the reason for the sampling request, the
regulatory structure for the sampling and for evaluation of analytical
results, and regulatory agency expectations for potential further
actions.
This request will then be the basis of the written agreement mentioned
above.
e. Follow-On Actions. At this time, it is premature to tak~ further
action
in absence of promulgated regulatory standards. I am not authorizing any
environmental restoration study or cleanup beyond sampling and analysis
without a regulatory driver. Similarly, a promulgated regulatory
standard
will be needed for environmental compliance action beyond sampling and
analysis for Ammonium Perchlorate.
f. Regulatory Agency Access for Sampling. Components are authorized to
allow
regulatory agency access to an installation to conduct sampling at its
expense and with an written agreement as described above. Split sampling
with regulatory agencies is strongly recommended. Your proactive
approach
in planning and budgeting for Ammonium Perchlorate sampling and analysis
will put DoD in a better position to comply with regulatory standards
when
they are established. My point of contact is Mr. Shah A. Choudhury at
John Paul Woodley, Jr.
Assistant Deputy Under Secretary of Defense (Environment)
From: Judith MacGregor [mailto:~

Sent: Monday, November 17, 2003~:28 AM
To: Breeden, Gary, CAPT, OSD-ATL
1
Subject:
Gary,
I mentioned that the EPA risk assessments are flawed because they have
not
included any consideration of human data into the human health risk
assessments. By not considering human data a 10 fold factor is added to
extrapolate from animals to humans. EPA was sued by industry
essentially
for stopping to consider human data without going through a formal rule
making process. Industry prevailed and now EPA is asking for public
input
on this issue. This is a very significant reason why the DOD risk
assessment report is also flawed as it relied on the EPA risk
assessments.
I have obtained the site where you can see the ruling of the court on
this
matter.
http://pacer.cadc.uscourts.gov/docs/common/opinions/200306/02-1057a.pdf.
By the way this is the same issue for the perchlorates as the EPA
assessment does not use the human data therefore it is incomplete and
inaccurate. The NAS is now looking at the issue of using human data and
also has a separate project starting on perchlorates.
Regards,
Judith
2
:
Unknown
From: Choudhury, Shah, Mr, aSD-ATL

Sent: Wednesday, April 30, 2003 18:48
To: .dnxsys@www.denix.osd.mil.; 'Cal Corbin'
Cc: jhewitt@www.denix.osd.mil;Kratz.Kurt.. aSD-ATL;Ferrebee.Patricia.Ms. aSO-ATL;
Cornell, Jeff, Lt. Col., SAFIIE; Rogers, Daniel, Lt Col, AFLSAlPR; Miclat, Marriane, Civ,
SAF/PAM; 'Kowalczyk Daniel'; Flood, Glenn, CIV, aASO-PA; Cotter, Sandra, Ms, aSO-ATL
SUbject: RE: DENIX Public Feedback: Perchlorate working group minutes ...
, - - =l5riginal Message----- ------.

From: Cal Corbin [mailto:~
Sent: Wednesday, April 30~003 7: 58 AM r-o-J'
To: shah.choudhury@osd.mil
Cc: dnxsys@www.denix.osd.mil; jhewitt@www.denix.osd.mil
Subject: DENIX Public Feedback: Perchlorate working group minutes ...
Hi Shah,
We (DENIX) received the enclosed query via the DENIX Public Feedback
mechanism. As the Gatekeeper of the 000 Perchlorate Message work area,
I'm forwarding this to you for resolution.
Please let us know what (if anything) you wish us to do.
Tks much,
Cal
Cal Corbin
DENIX S~tems Manager --.
E-Mail:! - .
http:/ /www.oem.x.us .. mil ~
1
> Date: Tue, 29 Apr 2003 11:15:08 -0500 (CDT)
> Subject: DENIX Public Feedback: Perchlorate working group minutes
>
> name = Douglas Beeman
> company = The Press-Enterprise, Riverside, Calif.
> replyvia = email
> reply to dbeeman@pe.com
> sUbject = Perchlorate working group minutes
> message = I am a reporter for The
> Press-Enterprise newspaper published in
> Riverside, Calif. I would like to
> request access to the minutes of the
> Perchlorate Working Group meetings.
> DENIX seems like the most expeditious
> means to accomplish this. Can you tell
> me whether this is possible and how I
> can accomplish it?
>
> Thanks,
>
> --Doug Beeman
>
2
1
2
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\. "./"
~-Original Message----
From: Ge9rqe Edmnn~nn rmailto:~ "--> <mail to:
(mail to ~
Sent:. Tu~day, June 03, 2003-'j:02 PM
To:
Subject: media inquiry
I am seeking information on a 2001 survey on possible perchlorate
contamination. Perchlorate is a primary ingredient in solid rocket fuel.
The results of the survey were requested by Reps. Dingell and Solis last
month by June 6.
Thanks.
, ~rge EdmQIlSon
3
45J
-----Original Messa~e---- \.
From: Keith Beltor
Ct:
-~
To: ,
weu.neSUdY-, -
' , .
~~emoer --.
-i.
t!.':J,
Subj- _. _ ... .!.n.!."" uat:abase
This summer, EPA leadership announced its intention to improve the

quality of information in the Integrated Risk Information System (IRIS)
database. The chemical-specific information in IRIS is used by EPA,
other federal agencies, and state regulatory agencies for various
regulatory purposes, including making remedy selection decisions at
hazardous waste sites. The purpose of IRIS is to develop consensus
scientific opinion on the potential health effects of various chemicals
subject to regulation. Currently, IRIS contains information on 540
chemicals.
Unfortunately, information in IRIS is often old and outdated. EPA

1
recently concluded that 39% of the toxicity values on IRIS would be
likely to change significantly if new studies were considered in a
reassessment.
The chemical companies I represent are pleased that EPA wants to make
IRIS reform a priority. We are trying to help by reaching out to those
who use IRIS data to ensure broad political support for reform. Ensuring
that IRIS contains the best scientific information is a goal that all
users of IRIS can support.
I am trying to find out if 000 would benefit from better-quality IRIS

information. (I believe 000 may rely on IRIS values to conduct risk
assessments posed by hazardous waste sites.) If so, would 000 be
interested in supporting EPA's efforts in the coming months and years?
My goal is to begin putting together a coalition of organizations

interested in IRIS reform. I would very much like to talk to you or
someone else in 000 about this matter. If you could help me or direct
me to the appropriate person within 000, I would greatly appreciate it.
2
..
From: Waldman, Peter [mailtoh
Sent: Thursday, June 12, 200 3:38 PM
To: 'Miclat, Marriane, Civ, SAF/PAM'
Subject: questions for Ms. Koetz
--
Marriane,
Belated thanks for the responses to the radioactivity story a few weeks
ago.
Several readers wrote me in praise of the Air Force for addressing the
issue.
On another matter, I have obtained a copy of what I understand is a
draft
memo being circulated by John Paul Woodley Jr. concerning testing for
perchlorate (attached below.) Because the Air Force is the lead branch
on
perchlorate, I would like to interview, by email or phone, Maureen Koetz
about the Woodley proposal. Following are my questions:
l. Do you support the memo's recommendation for perchlorate testing

at
all current and former military installations?
2. Do you support the memo's recommendation for planning
remediation
for all sites where perchlorate is found to be in local water at 1 ppb
or
above?
3. Do you have any estimate of what such comprehensive perchlorate
testing would cost?
4. If you disagree with the approach in the memo, what is your
recommendation for the question of when and where to test for
perchlorate?
I'm hoping I can obtain these responses from Ms. Koetz, or speak.to her
by
1
...
phone, tomorrow, Friday, June 13.
Thanks,
Peter Waldman
Tel. 415 765 6124
«interim guidance. doc»
2
~' RE: Questions from Defense Environmental Alert reo Army perchlorate guidance and stra... Page 1 of 5
10/612005
C>'RE: Questions from Defense Environmental Alert reo Army perchlorate guidance and stra... Page 2 of 5
10/6/2005
\
RE: Questions from Defense Environmental Alert reo Army perchlorate guidance and stra... Page 3 of 5
Dear t'1r. Cal:g,
I'm,a reporter for Inside Washingto~ Publishers' Defense

Envlronment Alert. I
SeH"! a recent l\rmy >"!ebs:i.te pcsti.nq that indicated the ru:my w.:i...l1
~300D be
releasing a flex-chlorat.e aSSf0s.snlcnt quidancf::~ . You \/IE'::~rE: list(~d as
one of the
contacts on this issue. I'm interested in ge~tirlg some
1.Tlforruatj.on OTl when I:}lis
qui dance \--;:i.Li be avaj.. la.b.:Le and v,hat it I S expected 1:0 say. vIaul d
you ha V(~ a f(~vJ
minutes for an interview on backqround?
10/612005
RE: Questions from Defense Environmental Alert reo Army perchlorate guidance and stra... Page 4 of 5
~ can be reached at this email address

(suzanne.yohannan@iwpnews.com) or at 302
777-2178. ThaGks very much.
Sincerely,
Suzanne YohannaL
I ns ide If,72,SIJ inqt_on Pu.l) ..I...:!..s.hE-)rs
Defense Environment Alert
Dear !'1r. J?er:ry,
I'm a reporter for Inside Washington Publishers' Defense

Environment Alert and
V'!.Y.':i te a.:bout:milJ.t.ary (:'~nv.i..r:()n:menta.l .issues. T sa\,tJ a .t:'E"~:C(~nT: nO'i:::i.cc
tl-Lat. the Arrny
is d.r~vt:::lopin9 a perchloratE:: assessrrl~~nt str":ite:qy. Y<)UI name v-las
.1 is'ced as e.
possible contact on this. Could you talk about it on background
't!it::h me;'? I'm
trying to find out the status of this strategy and a synopsis of
v-ihat it is
expected to cover.
I carl be r'eactled at this ernai (suzanrle.yoharlTlan@i,Wf)Y10ws.com) or

at ~1()2-,777-
2178"
Thahks very much.
S.incc:r:ely,
Suzanne Yohannan
IrLsJ.de Wastli.ngton Publj.sh~rs
10/6/2005
.,., RE: Questions from Defense Environmental Alert reo Army perchlorate guidance and stra... Page 5 of 5
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10/6/2005
Page 1 of 1
Unknown 513
From: Brausch. Ric~
Sent: Thursday, Se_er 11, 200315:51
To: 'Cotter, Sandra, Ms, OSD-ATL'
Cc: C -.-\
SUbject: RE: Workgroup Charter
Sandy - Thanks for the information. I'll distribute it to the folks on our end.
I've also attached a draft document that Regional Water Quality Control Board and Department of Toxic
Substances Control staff have been working on to assist in prioritizing investigative efforts at California's military
installations. We believe that it is a good place to focus our initial efforts in California, and is consistent with the
feedback that we received from representatives from the branches during our meeting with ADUSD Woodley in
july.
As for the call itself, it's probably easier for us if we call you. Could you provide a number that we should call?
Thanks.
Rick
From: Cotter( Sandra, Ms( OSD-ATLf
Sent: Thursday, September 11, 2003 11:32 AM
To: 'rbrausch@calepa.ca.gov'
J
Cc: Kratz, Kurt, , OSD-ATL
Subject: RE: Workgroup Charter
Rick,
As discussed, I'm forwarding information for discussion in our conference call tomorrow; list of sites where
we have surveyed/conducted sampling for perchlorate in California, and treatment technology
demonstration requirements.
Are we all set for tomorrow? Should we call you, or are you going to call us? Please let me know.
Thanks,
SC
-----Original Message:---
From: Cotter, Sandra, Ms, OSD-ATL
Sen~hursday, August 21, 2003 4:22 PM
To: l
Cc: Kratz, Kurt, , OSD-ATL
Subject: Workgroup Charter
Rick,
Attached is an electronic copy of the draft charter. as requested.
VIR,
S<;lndra Cotter ~
,-J
10/612005
DRAFT
APPROACH FOR PRIORITIZING
DoD FACILITIES FOR
PERCHLORATE AND EMERGENT CHEMICALS
Perchlorate and other emergent chemicals have contaminated California's drinking water
supplies. Department of Defense (DoD) facilities have been identified as potential or
known sources of perchlorate and emergent chemicals. California regulatory agencies
requested that the DoD identify and report potential sources at their facilities. These
facilities include the over 2000 formerly used defense sites, the approximately 200 active/
closing/transferred defense facilities, and the hundreds of defense contractor
facilities/sites that have tested, developed and used these materials. DoD and many of the
bases have raised concerns with complying with the request due to the unknown costs
associated with the sampling and potential investigation cost.
We are presenting an approach to prioritize DoD facilities and sites within facilities in
response to the DoD's expressed desire to cooperate with the State of California's
regulatory oversight agencies (see attached letter from Assistant Deputy Under Secretary
of Defense John Paul Woodley dated July 3, 2003 - Appendix A). This approach does
not preempt any current or previous agreement between the State Agency and the specific
DoD facility to proceed with an assessment or other related remedial investigation
activities. The priority of any work for assessing emergent chemicals will need to be
evaluated in the context of the ongoing CERCLA cleanup, time schedules, funding, and
base closure activities. The source area evaluations requested by Regional Boards, in
letters to the individual bases, is to be performed by the date specified in accordance with
the letter(s) from the Regional Boards to the DoD facility. A schedule for submitting the
requested information by the Regional Board may be considered especially for larger
bases.
Purpose
The primary purpose of this document is to assist the DoD facility and State regulatory
project managers in prioritizing sites within facilities to complete the perchlorate and
emergent chemicals evaluation, in a timely manner. The Regional Board letters provided
a list of potential activities associated with explosives and solvents to be evaluated and
reported. The list is organized from highest estimated threat sites to lowest estimated
threat sites.
Focus of Approach
The focus of the approach to prioritize facilities is for the DoD to prepare a Source
Evaluation Report ofthe DoD facilities for perchlorate and emergent chemicals. It
should be noted that this first step does not entail an on-site remedial investigation or
workplan. Based on its Source Evaluation the DOD facility should make an initial
assessment of the priority ofa site and proceed to provide a sampling plan as necessary.
Revised 9110103 1
DRAFT
This approach is divided into three steps and should be addressed to the extent feasible in
the Source Evaluation Report:
1) Source Evaluation and Background Data Review
2) DoD Site Prioritization Tiers
3) Response Action
For example, a high priority site with identified data gaps should provide a sampling
proposal whereas a low priority site does not need a sampling plan proposal. The State
will review these Source Evaluation Reports and provide a response.
1. Source-Evaluation and Background Data Review

The purpose of the source evaluation and background data review is to provide
regulators with information regarding possible source areas for the emergent
contaminants.
DoD
• Review existing records to determine if perchlorate and/or other emergent
chemicals had been used, stored, disposed of, and/or processed on site.
• Review ongoing site investigation and remediation activities to identify
existing data on perchlorate and emergent chemicals.
• Analyze groundwater treatment influent, if a system is operating at a site, and
submit results in the monthly or quarterly monitoring reports. Analytical data
from treatment system influent can be used as an initial assessment tool to .
evaluate potential impacts to groundwater and possible discharge to surface
waters.
• Assess the potential for site surface runoff to impact surface water.
State Agencies
• Evaluate if there is a relationship between emergent chemical detections in
drinking water supply wells and nearby (within 5 miles) DoD facilities.
Geographical Information System (GIS) data provided by the USEPA and
other sources will be used as well as analytical results from drinking water
supply wells. The screening will cover facilities located within one mile and
five miles froll). supply wells. The State Agency will inform DoD of their
findings.
• Evaluate if emergent chemicals have been sampled from drinking water
supply wells located within one mile and five miles of DoD facilities using
historical analytical results.
• Assess the need to collect split samples and, if necessary, send splits to the
California Department of Toxic Substances Control Hazardous Materials
Laboratory (HML) for sample or confirmation sample results.
2. Prioritization Tiers
Prioritization tiers are provided to aid the project managers in assessing the
relative importance of a facility relative to impacted or threatened supply wells
Revised 9110103 2
DRAFT
(public and domestic). The initial facility prioritization is based on proximity to

an impacted supply well. For purposes of this discussion, an impacted supply
well has perchlorate or other emergent chemicals at levels above the reporting
limit provided in Table 1. The contaminant impact level is based on risk
assessment values or State of Califomia Department of Health Services (DHS)
action levels and in most cases represents detection level type values. Table 2
provides information on analytical methods, sample containers, and reporting
limits.
High Priority
• DoD facilities within one mile of an impacted or threatened supply well
{public or domestic); or
• DoD facilities with known potential sources that have not reported or made
available existing groundwater monitoring or other related data to the state
regulatory agency; or
• DoD facilities with known perchlorate or other chemical impacts to surface
and/or ground water resources; or
• DOD facilities with identified potential sources and no available confirmation
data
Medium Priority
• DoD facilities located between one and five miles of an impacted or
threatened supply well.
Low Priority
• DoD facilities more than five miles from an impacted or threatened supply
well; or
• DoD facilities located in areas with non-beneficial water use designation by
the State agency; or
• DoD facilities with no known potential sources.
State agencies will review the Source Evaluation Reports and coordinate with the base to
determine which sites need a sampling plan and schedule. The State will consider the
information in the Source Evaluation Reports including DOD's assessment of the priority
of its site and the DHSIEPA data base to assign a priority to a site. The facilities
prioritization will be organized from the highest estimated threat sites to the lowest
estimated threat sites. Prioritization will be influenced by if the impacted well is a
domestic supply well, and if concentrations of perchlorate and chemicals and location are
within susceptible basins.
3. Response Action
The Response Action section provides project managers the steps to follow if the Source
valuation and Background Data review identify potential sources.
• DoD: If the facility identifies significant data gapes) and is identified as a high
priority site during the preliminary assessment, the facility should develop a
Revised 9/10/03 3
DRAFT
sampling plan and schedule to address the data gapes), without a request from the
state agency. The sampling plan should address the need for both soil and
groundwater sampling. The sampling plan and schedule should be submitted to
the regulators for review, comment, and acceptance.
• State: In cases where the facility does not identify data gaps, the State will review
the source evaluationlbackground data and prioritization steps to evaluate if a
sampling plan is necessary.
• DoD: If data gaps do not exist, the state may request the DoD facility to produce a
sampling plan and schedule to further characterize contamination magnitude and
extent. The schedule would contain a specific completion date in addition to
available data, if a review of potential source areas requires a high degree of
effort.
• State: The State reviews the DoD facility sampling plan and schedule and
provides comments to the facility.
• DoD: The DoD implements the State agency-accepted sampling plan.
Revised 9/10/03 4
DRAFT
1. Source Evaluation 'and Background Data Review
DoD State Agency

• Review records for onsite • Evaluate data for a relationship
perchlorate & emergent chemical between emergent chemical
use, storage, disposal, processing detections in supply wells and their
• Review ongoing investigation proximity to DoD facilities
and remediation activities for (facilities located within one mile
inclusion of perchlorate and and a five miles from supply wells)
emergent chemicals • Evaluate the analytical results ror
• Facilities should analyze supply wells within one mile and
treatment influent and submit five miles of DoD facilities to
results. These data to be used as detennine if the water supply wells
a tool for evaluation of surface have been sampled for emergent
and ground water quality chemicals
• Assess surface water impacts
from surface runoff
2. Prioritization Tiers
State Agency
High Priority - facilities within I-mile

of an impacted or threatened well with
Communicate Priority known sources and water resource
.-- t_o_D_o_D -+-impacts and no available confinnation
data
Medium Priority - facilities between I
and 5 miles of an impacted or
threatened supply well
Low Priority - facilities more than 5
miles from an impacted or threatened
supply well
3. Response Action - DoD 3. Response Action - State Agency
• Facility develops a sampling plan .. • Evaluates if a sampling plan is

and schedule without regulatory necessary
request if site is a high priority and ...
if data gaps exist • Reviews and accepts the DoD
• Facility implements the State sampling plan against applicable
Agency-approved sampling plan regulations
Revised 9/10/03 5
DRAFT
Table 1. Emergent Chemicals, U.S. EPA Region 9 PRG and Reporting

Limit in Water Samples
Emergent Chemical U.S. EPA Region 9 Reporting Limit

PRG (Tap Water)*
Perchlorate 3.6 Ilg/L 41lg/L
N-Nitrosodimethylamine 0.0013 IlglL 0.002Ilg/L

(NDMA) _
1A-Dioxane 6.1 IlglL 2 IlglL
1,2,3-Trichloropropane 0.0056 1lg!L 0.0051lglL

(l,2,3-TCP)
Total Chromium No PRG established 1 Ilg/L
(Calif. MCL = 50 IlglL )
Hexavalent Chromium ** 1 IlglL
Polybrominated Diphenyl Ether No PRG established 2 11gIL

(PBDE)
Notes:
PRG = U.S. EPA Preliminary Remediation Goal
Ilg/L = micrograms per liter or parts per billion
MCL = California DHS Maximum Contaminant Level
* = The U.S. EPA Region 9 PRG (10/8/2002) tap water value.
** = The PRG value for Hexavalent Chromium was not provided since it exceeds the
total chromium California DHS MCL.
Revised 9/10/03 6
DRAFT
Table 2. Perchlorate and Emergent Chemical Sampling and Analytical Methods for
Water Samples
Chemical Analytical Method(s) Sample Reporting Notes

Name Container Limit
Size{fype
Perchlorate USEPA Method 314.0 500mL (P or G 4~gIL
Developed by DHS container)
NDMA Method 1625 modified The method 0.002 ~glL Analysis uses isotope dilution
-
calls for lL with chemical ionization
amber glass instead of electron ionization.
containers with GC/MS DHS method (Oct
metal caps and 1999) uses continuous liq/liq
Teflon liners. extraction, isotope dilution,
Containers, ammonia chemical ionization
liners baked at with GC/MS SIM.
1900 C for 7
hours before
use.
l,4-Dioxane USEPA Method 8270 modified. 1 L sample Continuous liq/liq extraction
size, G deuterated isotope dilution.
container GC/MS.
HML SOP 830. Runs an 8260 2 x 40mLVOA Other VOCs are not analyzed
SIM method with heated closed vials 21lgIL simultaneously using this
purge & trap. [e.g., a Varian method.
ARCHON unit]
EPA Region 5 CRL SOP 024. 2 x 40mLVOA Salts out 1,4 dioxane and
vials THF with sodium sulfate.
Runs full scan GC/MS.
1,2,3-TCP DHS has two methods (Feb 2 x 40ml amber 0.005 ~glL Can not use method 524.2 to
2002): One is a purge and trap VOA vials. achieve detection limits.
GC/MS SIM mode (for
quadrapole MS) or SIS mode
(for ion trap MS).
Other Method is similar but uses 1 L sample, G

a continuous liq/liq extraction container
and isotope dilution.
Chromium 200.8 or other approved EPA 500mL, P l~g/L
methods. container,
preserved with
HN03 .
Revised 9/10/03 7
DRAFT
Table 2. Perchlorate and Emergent Chemical Sampling and Analytical Methods for
Water Samples (continued)
Chemical Analytical Method(s) Sample Reporting Notes

Name Container Limit
Sizerrype
Hexavalent Method 218.6 or 7199 500mL, P l~glL A lower RL may be
Chromium container accomplished (e.g., OJ
JlglL), but must be validated
by individual laboratory.
Must be analyzed within 24
hours.
PBDE HML SOP 750 I L, G 2~gIL Currently applies to E-waste
container and solid matrices, can be
modified to accommodate
aqueous matrix - It is an
extraction followed by
GC/ECD. Agilent has
published a GC/MS-SIM
method, and has been tested
to reach a RL of2JlglL)
NOTES: P = Polyethylene container

G = Glass container with Teflon-liner closer.
DHS = California Department of Health Services
HML = California Department of Toxic Substances Control Hazardous Materials Laboratory
RL = Reporting Limit. Actual RL may vary based on turbidity, total dissolved solids, and
other matrix interference.
For additional information on analytical methods see:

http://www.dhs.cahwnet.gov/ps/ddwem/chemicals/unregulated/index.htm.
Revised 9/10/03 1
Page 1 of2
I
-----0"
t..--""' r1gma I Me55age----
-------_ .....,-----~,.. "
Date: M.Qn. 16 Jun 2003...Q7:58:58 -0700
From:\ _ J
SUbjecf DOD-Perchlorate Use Survey
At the end of May, 2003, the Defense Department sent over to Congress the results of the perchlorate survey that
it reportedly conducted in 2001. We have made that document available as a 5.6 Megabyte PDF file at
http://www.cpeo.org/pubs/dod-perchlorate.pdf ,
One can understand why the Department was hesitant to release the survey results. It shows that few Defense
installations had been sampled for perchlorate by that time, despite growing indications that it might be present in
the groundwater or soil at the majority of sites where it had been used.
Furthermore, the questions designed to determine perchlorate use did not fully reflect today's knowledge of
potential sources. For example, Army officials now believe that simulants are a likely source of perchlorate
contamination found on or under maneuver areas, but the survey, written just two or three years ago, didn't ask
whether specific properties used such chemicals.
RegUlators may glean some useful data from the newly released survey results, but it's time to move on. We
should praise the Pentagon for finally releasing the information, and it should expand its level of cooperation. The
military should work with regUlatory agencies and communities to develop a more useful perchlorate survey, and
the results of that survey, as well as knOWledge from known plumes, should be used to establish a
comprehensive national sampling plan.
Lenny
10/6/2005
Page 2 of2
Lenny Siegel
Director, Center for Public Environmental Oversight
cla PSC, 278-A Hope S~_~~~~tain View, CA 94041
L
0" "
" '
•••• 'I""
10/6/2005
Page 1 of 4
~
~\3
-~---_.
-----Original MeSSage-----~
From: David M. Weiman· ,
sell~E...Thursday, Janua~ ' . 0 PM
To: .. - . .
Subject: litigation Initi'ated by Rialto Yesterday -- FYI
GROUNDWATER PROTECTION
Rialto sues over water contamination
Inland Valley Daily Bulletin - 1/21/04
By Scott VanHorne, staff writer
RIALTO - The city has filed a federal lawsuit seeking what could amount to millions in compensation from
42 defendants it alleges contributed to perchlorate pollution of groundwater,
"The (potentially responsible parties) have left us no choice but to file a lawsuit to recover our costs," said
Public Works Director Brad Baxter. "We've sat down and tried to negotiate in good faith."
The lawsuit names the Department of Defense, San Bernardino County and Black and Decker Inc.,
Denova Environmental as well as six fireworks companies, a host of north Rialto landowners and oth.er
entities.
The city is seeking unspecified damages for perchlorate pollution at 20 wells in the Rialto-Colton
Page 2 of 4
groundwater basin. City officials estimate cleanup will cost more than $50 million and take decades to
complete.
Baxter hopes the lawsuit will prompt perchlorate pollution suspects to come to the bargaining table and
offer settlements. The litigation will also force suspected polluters to notify their insurance companies about
the potential liability, he said.
"It could open a door, a big door," Baxter said.
The legal action may also have the opposite effect.
"It will probably tie everything up," West Valley Water District General Manager Anthony "Butch" Araiza
said. "They will all go to their trenches with their attorneys."
The Army Corps of Engineers refused to turn over a report about the Rialto Ammunition Storage Point to
the Santa Ana Regional Water Quality Control Board after Rialto sent the military a notice of intent to sue.
The military handled about 3.5 million tons of ammunition and explosives at the site in the 1940s,
according to the lawsuit. .
"There is no inclination of releasing any part of the report because of the pending litigation," said Jennie
Salas, a spokeswoman for the Corps of Engineers.
The report delay has stymied the board's investigation, but the city's lawsuit could also speed things up,
said Kurt Berchtold, the board's assistant executive officer.
"Any additional pressure on these parties to cooperate, I think is a positive," he said.
City Attorney Bob Owen said the time for waiting has passed.
"How many years should we wait before they voluntarily agree to spend millions of dollars on a cleanup?"
he asked.
The water board began investigating perchlorate pollution in the basin about two years ago, but none of the
20 entities suspected of leaking the chemical have started cleanup measures.
San Bernardino County is the only one that has completed an investigation, but the $2.25 million study
didn't satisfy water quality officials, who requested additional tests.
County spokesman David Wert said the county will abide by the board's orders, but he declined to
comment on the lawsuit because officials have not seen the 53-page document.
The city's lawsuit does not target B.F. Goodrich Corp., even though the company is suspected of releasing
perchlorate at a former military munitions manufacturing site. .
The company gave $4 million in January 2003 to help pay for water treatment systems. The cash bought
the company a two-year stay on any litigation or state fines.
The Rialto lawsuit was filed in U.S. District Court in Riverside.#
RELATED
City files suit to force perchlorate probe
Officials hope to require those responsible for water pollution to begin a cleanup effort.
9/13/2005
Page 3 of 4
Riverside Press Enterprise - 1/22/04

By K. Franke Santos, staff writer
Rialto and its water utility filed suit Wednesday to force an investigation into perchlorate contamination in
the city's groundwater basin and require those responsible to pay for the cleanup.
The suit, filed in U.S. District Court, names 41 people and entities officials believe are responsible,
including the Department of Defense, San Bernardino County, and Black & Decker Inc. Some of the
defendants named are defunct companies.
Damages were not specified but could go up to $50 million, said Robert Owen, Rialto's city attorney. The
amount will be determined once the extent of responsibility is known, he said.
The city seeks a jury trial for the suit.
"This is the culmination of two years of work," Owen said. "This is just the beginning of a very lengthy
process."
Because of the complexity of the case, it may continue for five years, he said.
"We can't continue to wait for people to keep pointing fingers back and forth while our water keeps getting
polluted," said Brad Baxter, the city's public works director.
The Rialto Utility Authority, the other plaintiff in the suit, supplies water to about half of Rialto's population of
100,000. The city relies solely on groundwater to meet its needs.
Several of the entities named in the suit were served with investigation orders from the Santa Ana Regional
Water Quality Control Board over the last two years, including American Promotional Events West, Pyro
Spectaculars, Whittaker Corp. and San Bernardino County.
Bob Wyatt, counsel for Black & Decker, said he is reviewing the lawsuit and wouldn't comment further.
County officials had not been served with the lawsuit Wednesday.
"We've carried out all the testing the (water quality control) board has requested," said county spokesman
David Wert. "We will continue to work with the board on any testing, and eventually on any cleanup."
Absent from the complaint is B.F. Goodrich Corp., which settled with the city and its surrounding water
purveyors for $4 rTlillion in 2002. That money went toward installing cleanup devices on wells.
"Goodrich should be modeled. They're trying to do the right things," Baxter said. "Other companies have
dug their heels in so hard, and they have refused to help us."
The legal action invokes the involvement of defendants' insurance companies, Baxter said. He hopes
insurance companies can persu.ade the defendants to participate in the investigation.
Perchlorate is a salt used in rocket fuel and fireworks. It is believed that the chemical interferes with thyroid
function and development of fetuses and newborns. It was first discovered in the San Bernardino Valley
drinking water in 1997.
Rialto has been hit hard by perchlorate contamination, with four of its 13 wells taken out of service due to
pollution. In Fontana and Colton, 15 other wells are affected.
Officials have said that a 160-acre site in north Rialto is the source of much of the pollution. That site was
home to many pyrotechnic companies and defense contractors.
9/13/2005

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H. R.

(B) each parcel of Phase II lands upon completion by the

Subtitle E-Other Matters

DIVISION C-DEPARTMENT OF ENERGY

Subtitle A-National Security Programs

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

Project 04-D-414, project engineering and design, various

Subtitle B-Program Authorizations,

Subtitle C-Proliferation Matters

Subtitle n-other Matters

Subtitle E-Consolidation of National

"DIVISION D-ATOMIC ENERGY

"TITLE XLVII-BUDGET AND FINANCIAL MANAGEMENT MATrERS

"TITLE XLII-NUCLEAR WEAPONS

"Subtitle A-Stockpile Stewardship and

(2) INTERNATIONAL COOPERATIVE STOCKPILE STEWARD­

"TITLE XLIV-ENVIRONMENTAL RES­

"Subtitle B-Closure of Facilities".

"Subtitle D-Hanford Reservation,

(16) SAFETY MEASURES FOR WASTE TANKS.-Section 3137

"Subtitle E-Savannah River Site, South

"TITLE XLV-SAFEGUARDS AND

"Subtitle B-Classified Information".

"Subtitle C-Emergency Response".

"TITLE XLVI-PERSONNEL MATTERS

(D) amended in subsection (n) by striking "60 days

"Subtitle B-Education and Training".

"Subtitle C-Worker Safety".

"TITLE XLVII-BUDGET AND FINANCIAL

"Subtitle C-Other Matters".

"Subtitle B-Research and Development".

"Subtitle C-Facilities Management".

"Subtitle D-Other Matters".

TITLE XXXII-DEFENSE NUCLEAR

FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

TITLE XXXIII-NATIONAL DEFENSE

TITLE XXXIV-NAVAL PETROLEUM

Sec. 3501. Short title.

Subtitle A-Maritime Administration

SEC. 3511. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS

"(b) AUTHORITY To CONVEY VESSELS.­

the Federal debt collection procedures in chapter 176 of title 28,

(3) shall apply to maintenance and repair performed during

Subtitle B-Amendments to Title XI Loan

SEC. 3521. EQUITY PAYMENTS BY OBLIGOR FOR DISBURSEMENT PRIOR

SEC. 8524. DEFAULTS.

"(A) be credit as an offsetting collection to the account

Subtitle C-Maritime Security Fleet

"53102. Establishment of Maritime Security Fleet.

"53103. Award of operating agreements.

"53104. Effectiveness of operating agreements.

"53105. Obligations and rights under operating agreements.

"53107. National security requirements.

"53108. Regulatory relief.

"53109. Special role regarding age of participating fleet vessel.

"53111. Authorization of appropriations.

"§ 53101. Definitions

"(B) is not a United States-documented vessel, but-­

"(i) the owner of the vessel has demonstrated an

"(A) during the period of an operating agreement under

Commerce, Science, and Transportation of the Senate and

the Committee on Armed Services of the House of Rep­

(2) INTERNATIONAL COOPERATIVE STOCKPILE STEWARD

"TITLE XLIV-ENVIRONMENTAL RES

"(b) AUTHORITY To CONVEY VESSELS.

"(B) is not a United States-documented vessel, but-

the Committee on Armed Services of the House of Rep

that there are no other legal, operational, or other impedi

from performing its obligations under an operating agree

"(4) VESSEL OWNED BY DOCUMENTATION CITIZEN AND CHAR

"(b) ANNuAL PAYMENTS BY SECRETARY.

1. National Defense Authorization Act for FY 2004 - signed 11/24/03 as PL 108

3. Energy and Water Conference Report (House Report 108-357) Language

SEC. 118. During the 5-year period after appropriations avail

SEC. 121. Subject to 30 days prior notification to the Commit

SEC. 118. During the 5-year period after appropriations avail

Alabama-Anniston Army Depot: Powertrain Maintenance Fa