[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4200 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
June 23 (legislative day, June 22), 2004.
Resolved, That the bill from the House of Representatives (H.R.
4200) entitled ``An Act to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Light utility helicopter program.
Sec. 112. Up-armored high mobility multi-purpose wheeled vehicles or
wheeled vehicle ballistic add-on armor
protection.
Sec. 113. Command-and-control vehicles or field artillery ammunition
support vehicles.
Subtitle C--Navy Programs
Sec. 121. LHA(R) amphibious assault ship program.
Sec. 122. Multiyear procurement authority for the light weight 155-
millimeter howitzer program.
Sec. 123. Pilot program for flexible funding of submarine engineered
refueling overhaul and conversion.
Subtitle D--Air Force Programs
Sec. 131. Prohibition of retirement of KC-135E aircraft.
Sec. 132. Prohibition of retirement of F-117 aircraft.
Sec. 133. Senior scout mission bed-down initiative.
Subtitle E--Other Matters
Sec. 141. Report on options for acquisition of precision-guided
munitions.
Sec. 142. Report on maturity and effectiveness of the Global
Information Grid Bandwidth Expansion (GIG-
BE) Network.
TITLE II--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. DD(X)-class destroyer program.
Sec. 212. Global Positioning System III satellite.
Sec. 213. Initiation of concept demonstration of Global Hawk high
altitude endurance unmanned aerial vehicle.
Sec. 214. Joint Unmanned Combat Air Systems program.
Sec. 215. Joint Strike Fighter Aircraft program.
Sec. 216. Joint experimentation.
Sec. 217. Infrastructure system security engineering development for
the Navy.
Sec. 218. Neurotoxin mitigation research.
Sec. 219. Spiral development of joint threat warning system maritime
variants.
Sec. 220. Advanced ferrite antenna.
Sec. 221. Prototype littoral array system for operating submarines.
Sec. 222. Advanced manufacturing technologies and radiation casualty
research.
Subtitle C--Ballistic Missile Defense
Sec. 231. Fielding of ballistic missile defense capabilities.
Sec. 232. Patriot Advance Capability-3 and Medium Extended Air Defense
System.
Sec. 233. Comptroller General assessments of ballistic missile defense
programs.
Sec. 234. Baselines and operational test and evaluation for ballistic
missile defense system.
Subtitle D--Other Matters
Sec. 241. Annual report on submarine technology insertion.
Sec. 242. Sense of the Senate regarding funding of the advanced
shipbuilding enterprise under the national
shipbuilding research program of the Navy.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Sec. 304. Amount for one source military counseling and referral
hotline.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Commander's Emergency Response Program.
Sec. 312. Limitation on transfers out of working capital funds.
Sec. 313. Family readiness program of the National Guard.
Subtitle C--Environmental Provisions
Sec. 321. Payment of certain private cleanup costs in connection with
Defense Environmental Restoration Program.
Sec. 322. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake
Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 323. Satisfaction of certain audit requirements by the Inspector
General of the Department of Defense.
Sec. 324. Comptroller General study and report on drinking water
contamination and related health effects at
Camp Lejeune, North Carolina.
Sec. 325. Increase in authorized amount of environmental remediation,
Front Royal, Virginia.
Sec. 326. Comptroller General study and report on alternative
technologies to decontaminate groundwater
at Department of Defense installations.
Sec. 327. Sense of Senate on perchlorate contamination of ground and
surface water.
Sec. 328. Amount for research and development for improved prevention
of Leishmaniasis.
Sec. 329. Report regarding encroachment issues affecting Utah Test and
Training Range, Utah.
Subtitle D--Depot-Level Maintenance and Repair
Sec. 331. Simplification of annual reporting requirements concerning
funds expended for depot maintenance and
repair workloads.
Sec. 332. Repeal of requirement for annual report on management of
depot employees.
Sec. 333. Extension of special treatment for certain expenditures
incurred in the operation of centers of
industrial and technical excellence.
Subtitle E--Extensions of Program Authorities
Sec. 341. Two-year extension of Department of Defense
telecommunications benefit.
Sec. 342. Two-year extension of Arsenal Support Program Initiative.
Sec. 343. Reauthorization of warranty claims recovery pilot program.
Subtitle F--Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
and Department of Defense civilian
employees.
Sec. 352. Impact aid for children with severe disabilities.
Sec. 353. Sense of the Senate regarding the impact of the privatization
of military housing on local schools
Subtitle G--Other Matters
Sec. 361. Charges for Defense Logistics Information Services materials.
Sec. 362. Temporary authority for contractor performance of security-
guard functions.
Sec. 363. Pilot program for purchase of certain municipal services for
Department of Defense installations.
Sec. 364. Consolidation and improvement of authorities for Army
working-capital funded facilities to engage
in public-private partnerships.
Sec. 365. Program to commemorate 60th anniversary of World War II.
Sec. 366. Media coverage of the return to the United States of the
remains of deceased members of the Armed
Forces from overseas.
Sec. 367. Tracking and care of members of the Armed Forces who are
injured in combat.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Additional authority for increases of Army active duty
personnel end strengths for fiscal years
2005 through 2009.
Sec. 403. Exclusion of service academy permanent and career professors
from a limitation on certain officer grade
strengths.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitations on non-dual status technicians.
Sec. 415. Authorized strengths for Marine Corps Reserve officers in
active status in grades below general
officer.
Subtitle C--Authorizations of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Joint Officer Personnel Management
Sec. 501. Modification of conditions of eligibility for waiver of joint
duty credit requirement for promotion to
general or flag officer.
Sec. 502. Management of joint specialty officers.
Sec. 503. Revised promotion policy objectives for joint officers.
Sec. 504. Length of joint duty assignments.
Sec. 505. Repeal of minimum period requirement for Phase II Joint
Professional Military Education.
Sec. 506. Revised definitions applicable to joint duty.
Subtitle B--Other Officer Personnel Policy
Sec. 511. Transition of active-duty list officer force to a force of
all regular officers.
Sec. 512. Eligibility of Navy staff corps officers to serve as Deputy
Chiefs of Naval Operations and Assistant
Chiefs of Naval Operations.
Sec. 513. One-year extension of authority to waive joint duty
experience as eligibility requirement for
appointment of chiefs of reserve
components.
Sec. 514. Limitation on number of officers frocked to major general and
rear admiral (upper half).
Sec. 515. Study regarding promotion eligibility of retired warrant
officers recalled to active duty.
Subtitle C--Reserve Component Personnel Policy
Sec. 521. Repeal of exclusion of active duty for training from
authority to order reserves to active duty.
Sec. 522. Exception to mandatory retention of Reserves on active duty
to qualify for retirement pay.
Subtitle D--Education and Training
Sec. 531. One-year extension of Army College First pilot program.
Sec. 532. Military recruiter equal access to campus.
Sec. 533. Exclusion from denial of funds for preventing ROTC access to
campus of amounts to cover individual costs
of attendance at institutions of higher
education.
Sec. 534. Transfer of authority to confer degrees upon graduates of the
Community College of the Air Force.
Sec. 535. Repeal of requirement for officer to retire upon termination
of service as Superintendent of the Air
Force Academy.
Subtitle E--Decorations, Awards, and Commendations
Sec. 541. Award of medal of honor to individual interred in the Tomb of
the Unknowns as representative of
casualties of a war.
Sec. 542. Separate campaign medals for Operation Enduring Freedom and
for Operation Iraqi Freedom.
Sec. 543. Plan for revised criteria and eligibility requirements for
award of combat infantryman badge and
combat medical badge for service in Korea
after July 28, 1953.
Subtitle F--Military Justice
Sec. 551. Reduced blood alcohol content limit for offense of drunken
operation of a vehicle, aircraft, or
vessel.
Sec. 552. Waiver of recoupment of time lost for confinement in
connection with a trial.
Sec. 553. Department of Defense policy and procedures on prevention and
response to sexual assaults involving
members of the Armed Forces.
Subtitle G--Scope of Duties of Ready Reserve Personnel in Inactive Duty
Status
Sec. 561. Redesignation of inactive-duty training to encompass
operational and other duties performed by
Reserves while in inactive duty status.
Sec. 562. Repeal of unnecessary duty status distinction for funeral
honors duty.
Sec. 563. Conforming amendments to other laws referring to inactive-
duty training.
Sec. 564. Conforming amendments to other laws referring to funeral
honors duty.
Subtitle H--Other Matters
Sec. 571. Accession of persons with specialized skills.
Sec. 572. Federal write-in ballots for absentee military voters located
in the United States.
Sec. 573. Renaming of National Guard Challenge Program and increase in
maximum Federal share of cost of State
programs under the program.
Sec. 574. Appearance of veterans service organizations at preseparation
counseling provided by the Department of
Defense.
Sec. 575. Sense of the Senate regarding return of members to active
duty service upon rehabilitation from
service-related injuries.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Geographic basis for housing allowance during short-
assignment permanent changes of station for
education or training.
Sec. 602. Immediate lump-sum reimbursement for unusual nonrecurring
expenses incurred for duty outside the
continental United States.
Sec. 603. Permanent increase in authorized amount of family separation
allowance.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care
professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Reduced service obligation for nurses receiving nurse
accession bonus.
Sec. 616. Assignment incentive pay.
Sec. 617. Permanent increase in authorized amount of hostile fire and
imminent danger special pay.
Sec. 618. Eligibility of enlisted members to qualify for critical
skills retention bonus while serving on
indefinite reenlistment.
Sec. 619. Clarification of educational pursuits qualifying for Selected
Reserve Education Loan Repayment Program
for health professions officers.
Sec. 620. Bonus for certain initial service of commissioned officers in
the Selected Reserve.
Sec. 621. Relationship between eligibility to receive supplemental
subsistence allowance and eligibility to
receive imminent danger pay, family
separation allowance, and certain Federal
assistance.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for family members to
attend burial ceremonies of members who die
on duty.
Sec. 632. Lodging costs incurred in connection with dependent student
travel.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Special rule for computing the high-36 month average for
disabled members of reserve components.
Sec. 642. Death benefits enhancement.
Sec. 643. Repeal of phase-in of concurrent receipt of retired pay and
veterans' disability compensation for
veterans with service-connected
disabilities rated as 100 percent.
Sec. 644. Full SBP survivor benefits for surviving spouses over age 62.
Sec. 645. Open enrollment period for survivor benefit plan commencing
October 1, 2005.
Subtitle E--Other Matters
Sec. 651. Increased maximum period for leave of absence for pursuit of
a program of education in a health care
profession.
Sec. 652. Eligibility of members for reimbursement of expenses incurred
for adoption placements made by foreign
governments.
Sec. 653. Acceptance of frequent traveler miles, credits, and tickets
to facilitate the air or surface travel of
certain members of the Armed Forces and
their families.
Sec. 654. Child care for children of members of Armed Forces on active
duty for Operation Enduring Freedom or
Operation Iraqi Freedom.
Sec. 655. Relief for mobilized military reservists from certain Federal
agricultural loan obligations.
TITLE VII--HEALTH CARE
Subtitle A--Enhanced Benefits for Reserves
Sec. 701. Demonstration project on health benefits for Reserves.
Sec. 702. Permanent earlier eligibility date for TRICARE benefits for
members of reserve components.
Sec. 703. Waiver of certain deductibles for members on active duty for
a period of more than 30 days.
Sec. 704. Protection of dependents from balance billing.
Sec. 705. Permanent extension of transitional health care benefits and
addition of requirement for preseparation
physical examination.
Sec. 706. Expanded eligibility of Ready Reserve members under TRICARE
program.
Sec. 707. Continuation of non-TRICARE health benefits plan coverage for
certain Reserves called or ordered to
active duty and their dependents.
Subtitle B--Other Matters
Sec. 711. Repeal of requirement for payment of subsistence charges
while hospitalized.
Sec. 712. Opportunity for young child dependent of deceased member to
become eligible for enrollment in a TRICARE
dental plan.
Sec. 713. Pediatric dental practice necessary for professional
accreditation.
Sec. 714. Services of marriage and family therapists.
Sec. 715. Chiropractic health care benefits advisory committee.
Sec. 716. Grounds for Presidential waiver of requirement for informed
consent or option to refuse regarding
administration of drugs not approved for
general use.
Sec. 717. Eligibility of cadets and midshipmen for medical and dental
care and disability benefits.
Sec. 718. Continuation of sub-acute care for transition period.
Sec. 719. Temporary authority for waiver of collection of payments due
for CHAMPUS benefits received by disabled
persons unaware of loss of CHAMPUS
eligibility.
Sec. 720. Vaccine Healthcare Centers Network.
Sec. 721. Use of Department of Defense funds for abortions in cases of
rape and incest
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Responsibilities of acquisition executives and Chief
Information Officers under the Clinger-
Cohen Act.
Sec. 802. Software-related program costs under major defense
acquisition programs.
Sec. 803. Internal controls for Department of Defense purchases through
GSA Client Support Centers.
Sec. 804. Defense commercial satellite services procurement process.
Sec. 805. Revision and extension of authority for advisory panel on
review of government procurement laws and
regulations.
Subtitle B--General Contracting Authorities, Procedures, and
Limitations, and Other Matters
Sec. 811. Increased thresholds for applicability of certain
requirements.
Sec. 812. Period for multiyear task and delivery order contracts.
Sec. 813. Submission of cost or pricing data on noncommercial
modifications of commercial items.
Sec. 814. Delegations of authority to make determinations relating to
payment of defense contractors for business
restructuring costs.
Sec. 815. Limitation regarding service charges imposed for defense
procurements made through contracts of
other agencies.
Sec. 816. Sense of the Senate on effects of cost inflation on the value
range of the contracts to which a small
business contract reservation applies.
Subtitle C--Extensions of Temporary Program Authorities
Sec. 821. Extension of contract goal for small disadvantaged business
and certain institutions of higher
education.
Sec. 822. Extension of Mentor-Protege program.
Sec. 823. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Sec. 824. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial
facilities.
Subtitle D--Industrial Base Matters
Sec. 831. Commission on the Future of the National Technology and
Industrial Base.
Sec. 832. Waiver authority for domestic source or content requirements.
Sec. 833. Consistency with United States obligations under trade
agreements.
Sec. 834. Repeal of certain requirements and limitations relating to
the defense industrial base.
Subtitle E--Defense Acquisition and Support Workforce
Sec. 841. Limitation and reinvestment authority relating to reduction
of the defense acquisition and support
workforce.
Sec. 842. Defense acquisition workforce improvements.
Subtitle F--Public-Private Competitions
Sec. 851. Public-private competition for work performed by civilian
employees of the Department of Defense.
Sec. 852. Performance of certain work by Federal Government employees.
Sec. 853. Competitive sourcing reporting requirement.
Subtitle G--Other Matters
Sec. 861. Inapplicability of certain fiscal laws to settlements under
special temporary contract closeout
authority.
Sec. 862. Demonstration program on expanded use of Reserves to perform
developmental testing, new equipment
training, and related activities.
Sec. 863. Applicability of competition exceptions to eligibility of
National Guard for financial assistance for
performance of additional duties.
Sec. 864. Management plan for contractor security personnel.
Sec. 865. Report on contractor performance of security, intelligence,
law enforcement, and criminal justice
functions in Iraq.
Sec. 866. Accreditation study of commercial off-the-shelf processes for
evaluating information technology products
and services.
Sec. 867. Contractor performance of acquisition functions closely
associated with inherently governmental
functions.
Sec. 868. Contracting with employers of persons with disabilities.
Sec. 869. Energy savings performance contracts.
Sec. 870. Availability of Federal supply schedule supplies and services
to United Service Organizations,
incorporated.
Sec. 871. Acquisition of aerial refueling aircraft for the Air Force.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Reserve Components
Sec. 901. Modification of stated purpose of the reserve components.
Sec. 902. Commission on the National Guard and Reserves.
Sec. 903. Chain of succession for the Chief of the National Guard
Bureau.
Sec. 904. Redesignation of Vice Chief of the National Guard Bureau as
Director of the Joint Staff of the National
Guard Bureau.
Sec. 905. Authority to redesignate the Naval Reserve.
Sec. 906. Homeland security activities of the National Guard.
Subtitle B--Other Matters
Sec. 911. Study of roles and authorities of the Director of Defense
Research and Engineering.
Sec. 912. Directors of Small Business Programs.
Sec. 913. Leadership positions for the Naval Postgraduate School.
Sec. 914. United States Military Cancer Institute.
Sec. 915. Authorities of the Judge Advocates General.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in
fiscal year 2005.
Sec. 1003. Reduction in overall authorization due to inflation savings.
Sec. 1004. Defense business systems investment management.
Sec. 1005. Uniform funding and management of service academy athletic
and recreational extracurricular programs.
Sec. 1006. Authorization of appropriations for a contingent emergency
reserve fund for operations in Iraq and
Afghanistan.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Exchange and sale of obsolete Navy service craft and boats.
Sec. 1012. Limitation on disposal of obsolete naval vessel.
Sec. 1013. Award of contracts for ship dismantling on net cost basis.
Sec. 1014. Authority to transfer naval vessels to certain foreign
countries.
Subtitle C--Reports
Sec. 1021. Report on contractor security in Iraq.
Sec. 1022. Technical correction to reference to certain annual reports.
Sec. 1023. Study of establishment of mobilization station at Camp
Ripley National Guard Training Center,
Little Falls, Minnesota.
Sec. 1024. Report on training provided to members of the Armed Forces
to prepare for post-conflict operations.
Sec. 1025. Report on availability of potential overland ballistic
missile defense test ranges.
Sec. 1026. Operation of the Federal voting assistance program and the
Military Postal System.
Sec. 1027. Report on establishing national centers of excellence for
unmanned aerial and ground vehicles.
Sec. 1028. Report on post-major combat operations phase of Operation
Iraqi Freedom.
Sec. 1029. Comptroller General analysis of use of transitional benefit
corporations in connection with competitive
sourcing of performance of Department of
Defense activities and functions.
Sec. 1029A. Comptroller General study of programs of transition
assistance for personnel separating from
the Armed Forces.
Sec. 1029B. Study on coordination of job training and certification
standards.
Sec. 1029C. Content of preseparation counseling for personnel
separating from active duty service.
Sec. 1029D. Periodic detailed accounting for operations of the global
war on terrorism.
Sec. 1029E. Report on the stabilization of Iraq.
Sec. 1029F. Reports on matters relating to detainment of prisoners by
the Department of Defense.
Subtitle D--Matters Relating to Space
Sec. 1031. Space posture review.
Sec. 1032. Panel on the Future of Military Space Launch.
Sec. 1033. Operationally responsive national security payloads for
space satellites.
Sec. 1034. Nondisclosure of certain products of commercial satellite
operations.
Sec. 1035. Sense of Congress on space launch ranges.
Subtitle E--Defense Against Terrorism
Sec. 1041. Temporary acceptance of communications equipment provided by
local public safety agencies.
Sec. 1042. Full-time dedication of airlift support for homeland defense
operations.
Sec. 1043. Survivability of critical systems exposed to chemical or
biological contamination.
Subtitle F--Matters Relating to Other Nations
Sec. 1051. Humanitarian assistance for the detection and clearance of
landmines and explosive remnants of war.
Sec. 1052. Use of funds for unified counterdrug and counterterrorism
campaign in Colombia.
Sec. 1053. Assistance to Iraq and Afghanistan military and security
forces.
Sec. 1054. Assignment of NATO naval personnel to submarine safety
research and development programs.
Sec. 1055. Compensation for former prisoners of war.
Sec. 1056. Drug eradication efforts in Afghanistan.
Sec. 1057. Humane treatment of detainees.
Sec. 1058. United Nations Oil-For-Food Program.
Sec. 1059. Sense of Congress on the global partnership against the
spread of weapons of mass destruction.
Sec. 1059A Exception to bilateral agreement requirements for transfers
of defense items.
Sec. 1059B. Redesignation and modification of authorities relating to
Inspector General of the coalition
provisional authority.
Sec. 1059C. Treatment of foreign prisoners.
Subtitle G--Other Matters
Sec. 1061. Technical amendments relating to definitions of general
applicability in title 10, United States
Code.
Sec. 1062. Two-year extension of authority of Secretary of Defense to
engage in commercial activities as security
for intelligence collection activities
abroad.
Sec. 1063. Liability protection for persons voluntarily providing
maritime-related services accepted by the
Navy.
Sec. 1064. Licensing of intellectual property.
Sec. 1065. Delay of electronic voting demonstration project.
Sec. 1066. War risk insurance for merchant marine vessels.
Sec. 1067. Repeal of quarterly reporting requirement concerning
payments for District of Columbia water and
sewer services and establishment of annual
report by Treasury.
Sec. 1068. Receipt of pay by reserves from civilian employers while on
active duty in connection with a
contingency operation.
Sec. 1069. Protection of Armed Forces personnel from retaliatory
actions for communications made through the
chain of command.
Sec. 1070. Missile defense cooperation.
Sec. 1071. Policy on nonproliferation of ballistic missiles.
Sec. 1072. Reimbursement for certain protective, safety, or health
equipment purchased by or for members of
the Armed Forces for deployment in
operations in Iraq and central Asia.
Sec. 1073. Preservation of search and rescue capabilities of the
Federal Government.
Sec. 1074. Grant of Federal charter to Korean War Veterans Association,
Incorporated.
Sec. 1075. Coordination of USERRA with the Internal Revenue Code of
1986.
Sec. 1076. Aerial firefighting equipment.
Sec. 1077. Sense of Senate on American Forces Radio and Television
Service.
Sec. 1078. Sense of Congress on America's National World War I Museum.
Sec. 1079. Reduction of barriers for Hispanic-serving institutions in
defense contracts, defense research
programs, and other minority-related
defense programs.
Sec. 1080. Extension of scope and jurisdiction for current fraud
offenses.
Sec. 1081. Contractor accountability.
Sec. 1082. Definition of United States.
Sec. 1083. Mentor-protege pilot program.
Sec. 1084. Broadcast Decency Enforcement Act of 2004.
Sec. 1085. Children's Protection from Violent Programming Act.
Sec. 1086. Assessment of effectiveness of current rating system for
violence and effectiveness of V-chip in
blocking violent programming.
Sec. 1087. Unlawful distribution of violent video programming that is
not specifically rated for violence and
therefore is not blockable.
Sec. 1088. Separability.
Sec. 1089. Effective Date.
Sec. 1090. Pilot program on cryptologic service training.
Sec. 1091. Energy savings performance contracts.
Sec. 1092. Clarification of fiscal year 2004 funding level for a
National Institute of Standards and
Technology account.
Sec. 1093. Report on offset requirements under certain contracts.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
Sec. 1101. Science, mathematics, and research for transformation
(SMART) defense scholarship pilot program.
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay and performance appraisal parity for civilian
intelligence personnel.
Sec. 1104. Accumulation of annual leave by intelligence senior level
employees.
Sec. 1105. Pay parity for senior executives in defense nonappropriated
fund instrumentalities.
Sec. 1106. Health benefits program for employees of nonappropriated
fund instrumentalities.
Sec. 1107. Bid protests by Federal employees in actions under Office of
Management and Budget Circular A-76.
Sec. 1108. Report on how to recruit and retain individuals with foreign
language skills.
Sec. 1109. Plan on implementation and utilization of flexible personnel
management authorities in Department of
Defense laboratories.
Sec. 1110. Nonreduction in pay while Federal employee is performing
active service in the uniformed services or
National Guard.
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1201. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1202. Funding allocations.
Sec. 1203. Modification and waiver of limitation on use of funds for
chemical weapons destruction facilities in
Russia.
Sec. 1204. Inclusion of descriptive summaries in annual Cooperative
Threat Reduction reports and budget
justification materials.
TITLE XIII--MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE
Sec. 1301. Annual medical readiness plan and Joint Medical Readiness
Oversight Committee.
Sec. 1302. Medical readiness of Reserves.
Sec. 1303. Baseline Health Data Collection Program.
Sec. 1304. Medical care and tracking and health surveillance in the
theater of operations.
Sec. 1305. Declassification of information on exposures to
environmental hazards.
Sec. 1306. Environmental hazards.
Sec. 1307. Post-deployment medical care responsibilities of
installation commanders.
Sec. 1308. Full implementation of Medical Readiness Tracking and Health
Surveillance Program and Force Health
Protection and Readiness Program.
Sec. 1309. Other matters.
Sec. 1310. Use of civilian experts as consultants.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2004 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2003 project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2004 projects.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2002
projects.
Sec. 2703. Extension of authorization of certain fiscal year 2001
project.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2802. Modification of approval and notice requirements for
facility repair projects.
Sec. 2803. Additional reporting requirements relating to alternative
authority for acquisition and improvement
of military housing.
Sec. 2804. Modification of authorities under alternative authority for
acquisition and improvement of military
housing.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Recodification and consolidation of certain authorities and
limitations relating to real property
administration.
Sec. 2812. Modification and enhancement of authorities on facilities
for reserve components.
Sec. 2813. Authority to exchange or sell reserve component facilities
and lands to obtain new reserve component
facilities and lands.
Sec. 2814. Repeal of authority of Secretary of Defense to recommend
that installations be placed in inactive
status during 2005 round of defense base
closure and realignment.
Subtitle C--Land Conveyances
Sec. 2821. Transfer of administrative jurisdiction, Defense Supply
Center, Columbus, Ohio.
Sec. 2822. Land conveyance, Browning Army Reserve Center, Utah.
Sec. 2823. Land exchange, Arlington County, Virginia.
Sec. 2824. Land conveyance, Hampton, Virginia.
Sec. 2825. Land conveyance, Seattle, Washington.
Sec. 2826. Transfer of jurisdiction, Nebraska Avenue Naval Complex,
District of Columbia.
Sec. 2827. Land conveyance, Honolulu, Hawaii.
Sec. 2828. Land conveyance, Portsmouth, Virginia.
Sec. 2829. Land conveyance, former Griffiss Air Force Base, New York.
Sec. 2830. Land exchange, Maxwell Air Force Base, Alabama.
Sec. 2831. Land exchange, Naval Air Station, Patuxent River, Maryland.
Sec. 2832. Land conveyance, March Air Force Base, California.
Sec. 2833. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2834. Land conveyance, Naval Weapons Station, Charleston, South
Carolina.
Sec. 2835. Land conveyance, Louisiana Army Ammunition Plant, Doyline,
Louisiana.
Sec. 2836. Modification of authority for land conveyance, equipment and
storage yard, Charleston, South Carolina.
Subtitle D--Other Matters
Sec. 2841. Department of Defense Follow-On Laboratory Revitalization
Demonstration Program.
Sec. 2842. Jurisdiction and utilization of former public domain lands,
Umatilla Chemical Depot, Oregon.
Sec. 2843. Development of heritage center for the National Museum of
the United States Army.
Sec. 2844. Authority to settle claim of Oakland Base Reuse Authority
and Redevelopment Agency of the City of
Oakland, California.
Sec. 2845. Comptroller general report on closure of Department of
Defense Dependent Elementary and Secondary
Schools and commissary stores.
TITLE XXIX--MARITIME ADMINISTRATION
Sec. 2901. Modification of priority afforded applications for national
defense tank vessel construction
assistance.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Limitation on availability of funds for Modern Pit Facility.
Sec. 3112. Limitation on availability of funds for Advanced Nuclear
Weapons Concepts Initiative.
Sec. 3113. Limited authority to carry out new projects under Facilities
and Infrastructure Recapitalization Program
after project selection deadline.
Sec. 3114. Modification of milestone and report requirements for
National Ignition Facility.
Sec. 3115. Modification of submittal date of annual plan for
stewardship, management, and certification
of warheads in the nuclear weapons
stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 3117. National Academy of Sciences study.
Sec. 3118. Annual report on expenditures for safeguards and security.
Sec. 3119. Authority to consolidate counterintelligence offices of
Department of Energy and National Nuclear
Security Administration within National
Nuclear Security Administration.
Sec. 3120. Treatment of waste material.
Sec. 3121. Local stakeholder organizations for Department of Energy
environmental management 2006 closure
sites.
Sec. 3122. Report on maintenance of retirement benefits for certain
workers at 2006 closure sites after closure
of sites.
Sec. 3123. Report on Efforts of National Nuclear Security
Administration to understand plutonium
aging.
Subtitle C--Proliferation Matters
Sec. 3131. Modification of authority to use international nuclear
materials protection and cooperation
program funds outside the former Soviet
Union.
Sec. 3132. Acceleration of removal or security of fissile materials,
radiological materials, and related
equipment at vulnerable sites worldwide.
Subtitle D--Other Matters
Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Two-year extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
Sec. 3143. Enhancement of Energy Employees Occupational Illness
Compensation Program authorities.
Sec. 3144. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant
to competitive contract.
Sec. 3146. Compensation of Pajarito Plateau, New Mexico, homesteaders
for acquisition of lands for Manhattan
Project in World War II.
Subtitle E--Energy Employees Occupational Illness Compensation Program
Sec. 3161. Coverage of individuals employed at atomic weapons employer
facilities during periods of residual
contamination.
Sec. 3162. Update of report on residual contamination of facilities.
Sec. 3163. Workers compensation.
Sec. 3164. Termination of effect of other enhancements of Energy
Employees Occupational Illness Compensation
Program.
Sec. 3165. Sense of Senate on resource center for energy employees
under Energy Employee Occupational Illness
Compensation Program in Western New York
and Western Pennsylvania region.
Sec. 3166. Review by Congress of individuals designated by President as
members of cohort.
Sec. 3167. Inclusion of certain former nuclear weapons program workers
in special exposure cohort under the Energy
Employees Occupational Illness Compensation
Program.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Disposal of ferromanganese.
Sec. 3302. Revisions to required receipt objectives for certain
previously authorized disposals from the
National Defense Stockpile.
Sec. 3303. Prohibition on storage of mercury at certain facilities.
TITLE XXXIV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT
Sec. 3401. Short Title.
Sec. 3402. Findings.
Sec. 3403. Definition of hate crime.
Sec. 3404. Support for criminal investigations and prosecutions by
State and local law enforcement officials.
Sec. 3405. Grant Program.
Sec. 3406. Authorization for additional personnel to assist State and
local law enforcement.
Sec. 3407. Prohibition of certain hate crime acts.
Sec. 3408. Duties of Federal Sentencing Commission.
Sec. 3409. Statistics.
Sec. 3410. Severability.
TITLE XXXV--ASSISTANCE TO FIREFIGHTERS
Sec. 3501. Short title.
Sec. 3502. Authority of Secretary of Homeland Security for Firefighter
Assistance Program.
Sec. 3503. Grants to volunteer emergency medical service organizations.
Sec. 3504. Grants for automated external defibrillator devices.
Sec. 3505. Criteria for reviewing grant applications.
Sec. 3506. Financial assistance for firefighter safety programs.
Sec. 3507. Assistance for applications.
Sec. 3508. Reduced requirements for matching funds.
Sec. 3509. Grant recipient limitations.
Sec. 3510. Other considerations.
Sec. 3511. Reports to congress.
Sec. 3512. Technical corrections.
Sec. 3513. Authorization of appropriations.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2005
for procurement for the Army as follows:
(1) For aircraft, $2,702,640,000.
(2) For missiles, $1,488,321,000.
(3) For weapons and tracked combat vehicles,
$1,693,595,000.
(4) For ammunition, $1,598,302,000.
(5) For other procurement, $5,384,296,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2005 for procurement for the Navy as follows:
(1) For aircraft, $8,870,832,000.
(2) For weapons, including missiles and torpedoes,
$2,183,829,000.
(3) For shipbuilding and conversion, $10,127,027,000.
(4) For other procurement, $4,904,978,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2005 for procurement for the Marine Corps in the amount
of $1,303,203,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2005 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $873,140,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2005
for procurement for the Air Force as follows:
(1) For aircraft, $13,033,674,000.
(2) For missiles, $4,635,613,000.
(3) For ammunition, $1,396,457,000.
(4) For other procurement, $13,298,257,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2005
for Defense-wide procurement in the amount of $2,967,402,000.
Subtitle B--Army Programs
SEC. 111. LIGHT UTILITY HELICOPTER PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated under
section 101(1) for the procurement of light utility helicopters,
$45,000,000 may not be obligated or expended until 30 days after the
date on which the Secretary of the Army submits to the congressional
defense committees a report that contains--
(1) the Secretary's certification that all required
documentation for the acquisition of light utility helicopters
has been completed and approved; and
(2) the Army aviation modernization plan required by
subsection (b).
(b) Army Aviation Modernization Plan.--(1) Not later than March 1,
2005, the Secretary of the Army shall submit to the congressional
defense committees an updated modernization plan for Army aviation.
(2) The updated Army aviation modernization plan shall contain, at
a minimum, the following matters:
(A) The analysis on which the plan is based.
(B) A discussion of the Secretary's decision to terminate
the Comanche helicopter program and to restructure the aviation
force of the Army.
(C) The actions taken or to be taken to accelerate the
procurement and development of aircraft survivability equipment
for Army aircraft, together with a detailed list of aircraft
survivability equipment that specifies such equipment by
platform and by the related programmatic funding for
procurement.
(D) A discussion of the conversion of Apache helicopters to
block III configuration, including the rationale for converting
only 501 Apache helicopters to that configuration and the costs
associated with a conversion of all Apache helicopters to the
block III configuration.
(E) A discussion of the procurement of light armed
reconnaissance helicopters, including the rationale for the
requirement for light armed reconnaissance helicopters and a
discussion of the costs associated with upgrading the light
armed reconnaissance helicopter to meet Army requirements.
(F) The rationale for the Army's requirement for light
utility helicopters, together with a summary and copy of the
analysis of the alternative means for meeting such requirement
that the Secretary considered in the determination to procure
light utility helicopters, including, at a minimum, the
analysis of the alternative of using light armed reconnaissance
helicopters and UH-60 Black Hawk helicopters instead of light
utility helicopters to meet such requirement.
(G) The rationale for the procurement of cargo fixed-wing
aircraft.
(H) The rationale for the initiation of a joint multi-role
helicopter program.
(I) A description of the operational employment of the
Army's restructured aviation force.
SEC. 112. UP-ARMORED HIGH MOBILITY MULTI-PURPOSE WHEELED VEHICLES OR
WHEELED VEHICLE BALLISTIC ADD-ON ARMOR PROTECTION.
(a) Amount.--Of the amount authorized to be appropriated for the
Army for fiscal year 2005 for other procurement under section 101(5),
$610,000,000 shall be available for both of the purposes described in
subsection (b) and may be used for either or both of such purposes.
(b) Purposes.--The purposes referred to in subsection (a) are as
follows:
(1) The procurement of up-armored high mobility multi-
purpose wheeled vehicles at a rate up to 450 such vehicles each
month.
(2) The procurement of wheeled vehicle ballistic add-on
armor protection.
(c) Allocation by Secretary of the Army.--(1) The Secretary of the
Army shall allocate the amount available under subsection (a) between
the two purposes set forth in subsection (b) as the Secretary
determines appropriate to meet the requirements of the Army.
(2) Not later than 15 days before making an allocation under
paragraph (1), the Secretary shall transmit a notification of the
proposed allocation to the congressional defense committees.
(d) Prohibition on Use for Other Purposes.--The amount available
under subsection (a) may not be used for any purpose other than a
purpose specified in subsection (b).
SEC. 113. COMMAND-AND-CONTROL VEHICLES OR FIELD ARTILLERY AMMUNITION
SUPPORT VEHICLES.
(a) Increased Amount for Procurement of Weapons and Tracked Combat
Vehicles.--The amount authorized to be appropriated under section
101(3) is hereby increased by $5,000,000.
(b) Amount for Command-and-Control Vehicles or Field Artillery
Ammunition Support Vehicles.--Of the amount authorized to be
appropriated under section 101(3), $5,000,000 may be used for the
procurement of command-and-control vehicles or field artillery
ammunition support vehicles.
(c) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $5,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
Subtitle C--Navy Programs
SEC. 121. LHA(R) AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is authorized
to procure the first amphibious assault ship of the LHA(R) class,
subject to the availability of appropriations for that purpose.
(b) Authorized Amount.--Of the amount authorized to be appropriated
under section 102(a)(3) for fiscal year 2005, $150,000,000 shall be
available for the advance procurement and advance construction of
components for the first amphibious assault ship of the LHA(R) class.
The Secretary of the Navy may enter into a contract or contracts with
the shipbuilder and other entities for the advance procurement and
advance construction of those components.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT WEIGHT 155-
MILLIMETER HOWITZER PROGRAM.
(a) Authority.--Beginning with the fiscal year 2005 program year,
the Secretary of the Navy may, in accordance with section 2306b of
title 10, United States Code, enter into a multiyear contract for the
procurement of the light weight 155-millimeter howitzer.
(b) Limitation.--The Secretary may not enter into a multiyear
contract for the procurement of light weight 155 millimeter howitzers
under subsection (a) until the Secretary determines on the basis of
operational testing that the light weight 155-millimeter howitzer is
effective for fleet use.
SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUNDING OF SUBMARINE ENGINEERED
REFUELING OVERHAUL AND CONVERSION.
(a) Establishment.--The Secretary of the Navy may carry out a pilot
program of flexible funding of engineered refueling overhauls and
conversions of submarines in accordance with this section.
(b) Authority.--Under the pilot program, the Secretary of the Navy
may, subject to subsection (d), transfer amounts described in
subsection (c) to the authorization of appropriations for the Navy for
procurement for shipbuilding and conversion for any fiscal year to
continue to provide authorization of appropriations for any engineered
refueling conversion or overhaul of a submarine of the Navy for which
funds were initially provided on the basis of the authorization of
appropriations to which transferred.
(c) Amounts Available for Transfer.--The amounts available for
transfer under this section are amounts authorized to be appropriated
to the Navy for any fiscal year after fiscal year 2004 and before
fiscal year 2013 for the following purposes:
(1) For procurement as follows:
(A) For shipbuilding and conversion.
(B) For weapons procurement.
(C) For other procurement.
(2) For operation and maintenance.
(d) Limitations.--(1) A transfer may be made with respect to a
submarine under this section only to meet either (or both) of the
following requirements:
(A) An increase in the size of the workload for engineered
refueling overhaul and conversion to meet existing requirements
for the submarine.
(B) A new engineered refueling overhaul and conversion
requirement resulting from a revision of the original baseline
engineered refueling overhaul and conversion program for the
submarine.
(2) A transfer may not be made under this section before the date
that is 30 days after the date on which the Secretary of the Navy
transmits to the congressional defense committees a written
notification of the intended transfer. The notification shall include
the following matters:
(A) The purpose of the transfer.
(B) The amounts to be transferred.
(C) Each account from which the funds are to be
transferred.
(D) Each program, project, or activity from which the
amounts are to be transferred.
(E) Each account to which the amounts are to be
transferred.
(F) A discussion of the implications of the transfer for
the total cost of the submarine engineered refueling overhaul
and conversion program for which the transfer is to be made.
(e) Merger of Funds.--A transfer made from one account to another
with respect to the engineered refueling overhaul and conversion of a
submarine under the authority of this section shall be deemed to
increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred and shall be
available for the engineered refueling overhaul and conversion of such
submarine for the same period as the account to which transferred.
(f) Relationship to Other Transfer Authority.--The authority to
make transfers under this section is in addition to any other transfer
authority provided in this or any other Act and is not subject to any
restriction, limitation, or procedure that is applicable to the
exercise of any such other authority.
(g) Final Report.--Not later than October 1, 2011, the Secretary of
the Navy shall submit to the congressional defense committees a report
containing the Secretary's evaluation of the efficacy of the authority
provided under this section.
(h) Termination of Program.--No transfer may be made under this
section after September 30, 2012.
Subtitle D--Air Force Programs
SEC. 131. PROHIBITION OF RETIREMENT OF
KC-135E AIRCRAFT.
The Secretary of the Air Force may not retire any KC-135E aircraft
of the Air Force in fiscal year 2005.
SEC. 132. PROHIBITION OF RETIREMENT OF
F-117 AIRCRAFT.
No F-117 aircraft in use by the Air Force during fiscal year 2004
may be retired during fiscal year 2005.
SEC. 133. SENIOR SCOUT MISSION BED-DOWN INITIATIVE.
(a) Amount for Program.--The amount authorized to be appropriated
by section 103(1) is hereby increased by $2,000,000, with the amount of
the increase to be available for a bed-down initiative to enable the C-
130 aircraft of the Idaho Air National Guard to be the permanent
carrier of the SENIOR SCOUT mission shelters of the 169th Intelligence
Squadron of the Utah Air National Guard.
(b) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $2,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
Subtitle E--Other Matters
SEC. 141. REPORT ON OPTIONS FOR ACQUISITION OF PRECISION-GUIDED
MUNITIONS.
(a) Requirement for Report.--Not later than March 1, 2005, the
Secretary of Defense shall submit a report on options for the
acquisition of precision-guided munitions to the congressional defense
committees.
(b) Content of Report.--The report shall include the following
matters:
(1) A list of the precision-guided munitions in the
inventory of the Department of Defense.
(2) For each such munition--
(A) the inventory level as of the most recent date
that it is feasible to specify when the report is
prepared;
(B) the inventory objective that is necessary to
execute the current National Military Strategy
prescribed by the Chairman of the Joint Chiefs of
Staff;
(C) the year in which that inventory objective
would be expected to be achieved--
(i) if the munition were procured at the
minimum sustained production rate;
(ii) if the munition were procured at the
most economic production rate; and
(iii) if the munition were procured at the
maximum production rate; and
(D) the procurement cost (in constant fiscal year
2004 dollars) at each of the production rates specified
in subparagraph (C).
SEC. 142. REPORT ON MATURITY AND EFFECTIVENESS OF THE GLOBAL
INFORMATION GRID BANDWIDTH EXPANSION (GIG-BE) NETWORK.
(a) Report Required.--Not later that 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on a test program to
demonstrate the maturity and effectiveness of the Global Information
Grid-Bandwidth Expansion (GIG-BE) network architecture.
(b) Contents of Report.--The report under subsection (a) shall--
(1) determine whether the results of the test program
described in subsection (a) demonstrate compliance of the GIG-
BE architecture with the overall goals of the GIG-BE program;
(2) identify--
(A) the extent to which the GIG-BE architecture
does not meet the overall goals of the program; and
(B) the components that are not yet sufficiently
developed to achieve the overall goals of the program;
(3) include a plan and cost estimates for achieving
compliance; and
(4) document the equipment and network configuration used
to demonstrate real-world scenarios within the continental
United States.
TITLE II--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $9,686,958,000.
(2) For the Navy, $16,679,391,000.
(3) For the Air Force, $21,264,267,000.
(4) For Defense-wide activities, $20,635,937,000, of which
$309,135,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.
(a) Amount for Projects.--Of the total amount authorized to be
appropriated by section 201, $10,998,850,000 shall be available for
science and technology projects.
(b) Science and Technology Defined.--In this section, the term
``science and technology project'' means work funded in program
elements for defense research, development, test, and evaluation under
Department of Defense budget activities 1, 2, or 3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. DD(X)-CLASS DESTROYER PROGRAM.
(a) Authorization of Ship.--For the second destroyer in the DD(X)-
class destroyer program, the Secretary of the Navy is authorized to use
funds authorized to be appropriated to the Navy under section 201(2).
(b) Amount for Detail Design.--Of the amount authorized to be
appropriated under section 201(2) for fiscal year 2005, $99,400,000
shall be available for the detail design of the second destroyer of the
DD(X)-class.
SEC. 212. GLOBAL POSITIONING SYSTEM III SATELLITE.
Not more than 80 percent of the amount authorized to be
appropriated by section 201(4) and available for the purpose of
research, development, test, and evaluation on the Global Positioning
System III satellite may be obligated or expended for that purpose
until the Secretary of Defense--
(1) completes an analysis of alternatives for the satellite
and ground architectures, satellite technologies, and tactics,
techniques, and procedures for the next generation global
positioning system (GPS); and
(2) submits to the congressional defense committees a
report on the results of the analysis, including an assessment
of the results of the analysis.
SEC. 213. INITIATION OF CONCEPT DEMONSTRATION OF GLOBAL HAWK HIGH
ALTITUDE ENDURANCE UNMANNED AERIAL VEHICLE.
Section 221(c) 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-40) is amended by striking ``March 1,
2001'' and inserting ``March 1, 2005''.
SEC. 214. JOINT UNMANNED COMBAT AIR SYSTEMS PROGRAM.
(a) Executive Committee.--(1) The Secretary of Defense shall,
subject to subsection (b), establish and require an executive committee
to provide guidance and recommendations for the management of the Joint
Unmanned Combat Air Systems program to the Director of the Defense
Advanced Research Projects Agency and the personnel who are managing
the program for such agency.
(2) The executive committee established under paragraph (1) shall
be composed of the following members:
(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, who shall chair the executive
committee.
(B) The Assistant Secretary of the Navy for Research,
Development, and Acquisition.
(C) The Assistant Secretary of the Air Force for
Acquisition.
(D) The Deputy Chief of Naval Operations for Warfare
Requirements and Programs.
(E) The Deputy Chief of Staff of the Air Force for Air and
Space Operations.
(F) Any additional personnel of the Department of Defense
whom the Secretary determines appropriate for membership on the
executive committee.
(b) Applicability Only to DARPA-Managed Program.--The requirements
of subsection (a) apply with respect to the Joint Unmanned Combat Air
Systems program only while the program is managed by the Defense
Advanced Research Projects Agency.
SEC. 215. JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.
(a) Requirement for Study.--The Secretary of Defense shall require
the Defense Science Board to conduct a study on the Joint Strike
Fighter aircraft program.
(b) Matters To Be Studied.--The study shall include, for each of
the three variants of the Joint Strike Fighter aircraft, the following
matters:
(1) The current status.
(2) The extent of the effects of excess aircraft weight on
estimated performance.
(3) The validity of the technical approaches being
considered to achieve the required performance.
(4) The risks of those technical approaches.
(5) A list of any alternative technical approaches that
have the potential to achieve the required performance.
(c) Report.--The Secretary shall submit a report on the results of
the study to the congressional defense committees at the same time that
the President submits the budget for fiscal year 2006 to Congress under
section 1105(a) of title 31, United States Code.
SEC. 216. JOINT EXPERIMENTATION.
(a) Defense-Wide Program Element.--The Secretary of Defense shall
plan, program, and budget for all joint experimentation of the Armed
Forces as a separate, dedicated program element under research,
development, test, and evaluation, Defense-wide activities.
(b) Applicability to Fiscal Years After Fiscal Year 2005.--This
section shall apply with respect to fiscal years beginning after 2005.
SEC. 217. INFRASTRUCTURE SYSTEM SECURITY ENGINEERING DEVELOPMENT FOR
THE NAVY.
(a) Increase in Amount for Research, Development, Test and
Evaluation, Navy.--The amount authorized to be appropriated by section
201(2) for research, development, test and evaluation, Navy, is hereby
increased by $3,000,000.
(b) Availability of Amount for Infrastructure System Security
Engineering Development.--Of the amount authorized to be appropriated
by section 201(2) for research, development, test, and evaluation,
Navy, as increased by subsection (a), $3,000,000 may be available for
infrastructure system security engineering development.
(c) Offset.--(1) The amount authorized to be appropriated by
section 101(5) for other procurement, Army, is hereby reduced by
$1,000,000, with the amount of the reduction to be allocated to Buffalo
Landmine Vehicles.
(2) The amount authorized to be appropriated by section 102(b) for
procurement for the Marine Corps is hereby reduced by $500,000, with
the amount of the reduction to be allocated to Combat Casualty Care.
(3) The amount authorized to be appropriated by section 201(1) for
research, development, test, and evaluation, Army, is hereby reduced by
$1,000,000, with the amount of the reduction to the allocated to Active
Coating Technology.
(4) The amount authorized to be appropriated by section 201(4) for
research, development, test, and evaluation, Defense-wide activities,
is hereby reduced by $500,000, with the amount of the reduction to be
allocated to Radiation Hardened Complementary Metal Oxide Semi-
Conductors.
SEC. 218. NEUROTOXIN MITIGATION RESEARCH.
(a) Increase in Amount for Research, Development, Test, and
Evaluation, Defense-Wide.--The amount authorized to be appropriated by
section 201(4) for research, development, test, and evaluation,
Defense-wide activities, is hereby increased by $2,000,000.
(b) Availability for Neurotoxin Mitigation Research.--Of the amount
authorized to be appropriated by section 201(4) for research,
development, test, and evaluation, Defense-wide activities, as
increased by subsection (a), $2,000,000 may be available in Program
Element PE 62384BP for neurotoxin mitigation research.
(c) Offset.--The amount authorized to be appropriated by section
301(1) for operation and maintenance for the Army is hereby reduced by
$2,000,000, with the amount of the reduction to be allocated to
Satellite Communications Language training activity (SCOLA) at the Army
Defense Language Institute.
SEC. 219. SPIRAL DEVELOPMENT OF JOINT THREAT WARNING SYSTEM MARITIME
VARIANTS.
(a) Amount for Program.--The amount authorized to be appropriated
by section 201(4) is hereby increased by $2,000,000, with the amount of
the increase to be available in the program element PE 1160405BB for
joint threat warning system maritime variants.
(b) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $2,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
SEC. 220. ADVANCED FERRITE ANTENNA.
(a) Amount for Development and Testing.--Of the amount authorized
to be appropriated under section 201(2), $3,000,000 may be available
for development and testing of the Advanced Ferrite Antenna.
(b) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $3,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
SEC. 221. PROTOTYPE LITTORAL ARRAY SYSTEM FOR OPERATING SUBMARINES.
(a) Increase in Amount for Research, Development, Test, and
Evaluation, Navy.--The amount authorized to be appropriated by section
201(2) for research, development, test, and evaluation for the Navy is
hereby increased by $5,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(2) for research, development, test, and
evaluation for the Navy, as increased by subsection (a), $5,000,000 may
be available for Program Element PE 0604503N for the design,
development, and testing of a prototype littoral array system for
operating submarines.
(c) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $5,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
SEC. 222. ADVANCED MANUFACTURING TECHNOLOGIES AND RADIATION CASUALTY
RESEARCH.
(a) Additional Amount for Advanced Manufacturing Strategies.--Of
the amount authorized to be appropriated by section 201(4) for
research, development, test, and evaluation, Defense-wide activities,
the amount available for Advanced Manufacturing Technologies (PE
0708011S) is hereby increased by $2,000,000.
(b) Amount for Radiation Casualty Research.--Of the amount
authorized to be appropriated by section 201(4) for research,
development, test, and evaluation, Defense-wide activities, $3,000,000
may be available for Radiation Casualty Research (PE 0603002D8Z).
(c) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $5,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
Subtitle C--Ballistic Missile Defense
SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
Funds authorized to be appropriated under section 201(4) for the
Missile Defense Agency may be used for the development and fielding of
an initial set of ballistic missile defense capabilities.
SEC. 232. PATRIOT ADVANCE CAPABILITY-3 AND MEDIUM EXTENDED AIR DEFENSE
SYSTEM.
(a) Oversight.--In the management of the combined program for the
acquisition of the Patriot Advanced Capability-3 missile system and the
Medium Extended Air Defense System, the Secretary of Defense shall
require the Secretary of the Army to obtain the approval of the
Director of the Missile Defense Agency before the Secretary of the
Army--
(1) either--
(A) changes any system level technical
specifications that are in effect under the program as
of the date of the enactment of this Act; or
(B) establishes any new system level technical
specifications after such date;
(2) makes any significant change in a procurement quantity
(including any quantity in any future block procurement) that,
as of such date, is planned for--
(A) the Patriot Advanced Capabilities-3 missile
system; or
(B) PAC-3 configuration-3 radars, launchers, or
fire control units; or
(3) changes the baseline development schedule that is in
effect for the program as of the date of the enactment of this
Act.
(b) Definitions.--In this section:
(1) The term ``system level technical specifications'',
with respect to a system to which this section applies, means
technical specifications expressed in terms of technical
performance, including test specifications, that affect the
ability of the system to contribute to the capability of the
ballistic missile defense system of the United States, as
determined by the Director of the Missile Defense Agency.
(2) The term ``significant change'', with respect to a
planned procurement quantity, means any change of such quantity
that would result in a significant change in the contribution
that, as of the date of the enactment of this Act, is planned
for the Patriot Advanced Capability-3 system to make to the
ballistic missile defense system of the United States.
(3) The term ``baseline development schedule'' means the
schedule on which technology upgrades for the combined
acquisition program referred to in subsection (a) are planned
for development.
(4) The terms ``Patriot Advanced Capability-3'' and ``PAC-3
configuration-3''--
(A) mean the air and missile defense system that,
as of June 1, 2004, is referred to by either such name
in the management of the combined acquisition program
referred to in subsection (a); and
(B) include such system as it is improved with new
air and missile defense technologies.
SEC. 233. COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC MISSILE DEFENSE
PROGRAMS.
(a) Annual Assessments.--At the conclusion of each of 2004 through
2009, the Comptroller General of the United States shall conduct an
assessment of the extent to which each ballistic missile defense
program met the cost, scheduling, testing, and performance goals for
such program for such year as established pursuant to section 232(c) of
the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C.
2431 note).
(b) Reports on Annual Assessments.--Not later than February 15 of
each of 2005 through 2010, the Comptroller General shall submit to the
congressional defense committees a report on the assessment conducted
by the Comptroller General under subsection (a) for the previous year.
SEC. 234. BASELINES AND OPERATIONAL TEST AND EVALUATION FOR BALLISTIC
MISSILE DEFENSE SYSTEM.
(a) Testing Criteria.--Not later than February 1, 2005, the
Secretary of Defense, in consultation with the Director of Operational
Test and Evaluation, shall prescribe appropriate criteria for
operationally realistic testing of fieldable prototypes developed under
the ballistic missile defense spiral development program. The Secretary
shall submit a copy of the prescribed criteria to the congressional
defense committees.
(b) Use of Criteria.--(1) The Secretary of Defense shall ensure
that, not later than October 1, 2005, a test of the ballistic missile
defense system is conducted consistent with the criteria prescribed
under subsection (a).
(2) The Secretary of Defense shall ensure that each block
configuration of the ballistic missile defense system is tested
consistent with the criteria prescribed under subsection (a).
(c) Relationship to Other Law.--Nothing in this section shall be
construed to exempt any spiral development program of the Department of
Defense, after completion of the spiral development, from the
applicability of any provision of chapter 144 of title 10, United
States Code, or section 139, 181, 2366, 2399, or 2400 of such title in
accordance with the terms and conditions of such provision.
(d) Evaluation.--(1) The Director of Operational Test and
Evaluation shall evaluate the results of each test conducted under
subsection (a) as soon as practicable after the completion of such
test.
(2) The Director shall submit to the Secretary of Defense and the
congressional defense committees a report on the evaluation of each
test conducted under subsection (a) upon completion of the evaluation
of such test under paragraph (1).
(e) Cost, Schedule, and Performance Baselines.--(1) The Director of
the Missile Defense Agency shall establish cost, schedule, and
performance baselines for each block configuration of the Ballistic
Missile Defense System being fielded. The cost baseline for a block
configuration shall include full life cycle costs for the block
configuration.
(2) The Director shall include the baselines established under
paragraph (1) in the first Selected Acquisition Report for the
Ballistic Missile Defense System that is submitted to Congress under
section 2432 of title 10, United States Code, after the establishment
of such baselines.
(3) The Director shall also include in the Selected Acquisition
Report submitted to Congress under paragraph (2) the significant
assumptions used in determining the performance baseline under
paragraph (1), including any assumptions regarding threat missile
countermeasures and decoys.
(f) Variations Against Baselines.--In the event the cost, schedule,
or performance of any block configuration of the Ballistic Missile
Defense System varies significantly (as determined by the Director of
the Ballistic Missile Defense Agency) from the applicable baseline
established under subsection (d), the Director shall include such
variation, and the reasons for such variation, in the Selected
Acquisition Report submitted to Congress under section 2432 of title
10, United States Code.
(g) Modifications of Baselines.--In the event the Director of the
Missile Defense Agency elects to undertake any modification of a
baseline established under subsection (d), the Director shall submit to
the congressional defense committees a report setting forth the reasons
for such modification.
Subtitle D--Other Matters
SEC. 241. ANNUAL REPORT ON SUBMARINE TECHNOLOGY INSERTION.
(a) Report Required.--(1) For each of fiscal years 2006, 2007,
2008, and 2009, the Secretary of Defense shall submit to the
congressional defense committees a report on the submarine technologies
that are available or potentially available for insertion in submarines
of the Navy to reduce the production and operating costs of the
submarines while maintaining or improving the effectiveness of the
submarines.
(2) The annual report for a fiscal year under paragraph (1) shall
be submitted at the same time that the President submits to Congress
the budget for that fiscal year under section 1105(a) of title 31,
United States Code.
(b) Content.--The report on submarine technologies under subsection
(a) shall include, for each class of submarines of the Navy, the
following matters:
(1) A list of the technologies that have been demonstrated,
together with--
(A) a plan for the insertion of any such
technologies that have been determined appropriate for
such submarines; and
(B) the estimated cost of such technology
insertions.
(2) A list of the technologies that have not been
demonstrated, together with a plan for the demonstration of any
such technologies that have the potential for being appropriate
for such submarines.
SEC. 242. SENSE OF THE SENATE REGARDING FUNDING OF THE ADVANCED
SHIPBUILDING ENTERPRISE UNDER THE NATIONAL SHIPBUILDING
RESEARCH PROGRAM OF THE NAVY.
(a) Findings.--Congress makes the following findings:
(1) The budget for fiscal year 2005, as submitted to
Congress by the President, provides $10,300,000 for the
Advanced Shipbuilding Enterprise under the National
Shipbuilding Research Program of the Navy.
(2) The Advanced Shipbuilding Enterprise is an innovative
program to encourage greater efficiency in the national
technology and industrial base.
(3) The leaders of the United States shipbuilding industry
have embraced the Advanced Shipbuilding Enterprise as a method
for exploring and collaborating on innovation in shipbuilding
and ship repair that collectively benefits all components of
the industry.
(b) Sense of the Senate.--It is the sense of the Senate--
(1) that the Senate--
(A) strongly supports the innovative Advanced
Shipbuilding Enterprise under the National Shipbuilding
Research Program as an enterprise between the Navy and
industry that has yielded new processes and techniques
that reduce the cost of building and repairing ships in
the United States; and
(B) is concerned that the future-years defense
program of the Department of Defense that was submitted
to Congress for fiscal year 2005 does not reflect any
funding for the Advanced Shipbuilding Enterprise after
fiscal year 2005; and
(2) that the Secretary of Defense should continue to
provide in the future-years defense program for funding the
Advanced Shipbuilding Enterprise at a sustaining level in order
to support additional research to further reduce the cost of
designing, building, and repairing ships.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $26,305,611,000.
(2) For the Navy, $29,702,790,000.
(3) For the Marine Corps, $3,682,727,000.
(4) For the Air Force, $27,423,560,000.
(5) For Defense-wide activities, $17,453,576,000.
(6) For the Army Reserve, $1,925,728,000.
(7) For the Naval Reserve, $1,240,038,000.
(8) For the Marine Corps Reserve, $197,496,000.
(9) For the Air Force Reserve, $2,154,790,000.
(10) For the Army National Guard, $4,227,236,000.
(11) For the Air National Guard, $4,366,738,000.
(12) For the United States Court of Appeals for the Armed
Forces, $10,825,000.
(13) For Environmental Restoration, Army, $405,598,000.
(14) For Environmental Restoration, Navy, $266,820,000.
(15) For Environmental Restoration, Air Force,
$397,368,000.
(16) For Environmental Restoration, Defense-wide,
$23,684,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $256,516,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(19) For Cooperative Threat Reduction programs,
$409,200,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $1,625,686,000.
(2) For the National Defense Sealift Fund, $1,269,252,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2005 for
expenses, not otherwise provided for, for the Defense Health Program,
$17,992,211,000, of which--
(1) $17,555,169,000 is for Operation and Maintenance;
(2) $72,407,000 is for Research, Development, Test and
Evaluation; and
(3) $364,635,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Defense.--(1) Funds
are hereby authorized to be appropriated for the Department of Defense
for fiscal year 2005 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, $1,518,990,000, of
which--
(A) $1,138,801,000 is for Operation and Maintenance;
(B) $301,209,000 is for Research, Development, Test and
Evaluation; and
(C) $78,980,000 is for Procurement.
(2) Amounts authorized to be appropriated under paragraph (1) are
authorized for--
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
(c) Drug Interdiction and Counter-Drug Activities, Defense-wide.--
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2005 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-Wide,
$852,697,000.
(d) Defense Inspector General.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2005 for
expenses, not otherwise provided for, for the Office of the Inspector
General of the Department of Defense, $164,562,000, of which--
(1) $162,362,000 is for Operation and Maintenance;
(2) $100,000 is for Research, Development, Test, and
Evaluation; and
(3) $2,100,000 is for Procurement.
SEC. 304. AMOUNT FOR ONE SOURCE MILITARY COUNSELING AND REFERRAL
HOTLINE.
(a) Authorization of Appropriation of Additional Amount.--The
amount authorized to be appropriated under section 301(5) is hereby
increased by $5,000,000, which shall be available (in addition to other
amounts available under this Act for the same purpose) only for the
Department of Defense One Source counseling and referral hotline.
(b) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $5,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. COMMANDER'S EMERGENCY RESPONSE PROGRAM.
(a) Funding.--Of the amounts authorized to be appropriated for
fiscal year 2005 by section 301(5) for operation and maintenance for
Defense-wide activities, not more than $300,000,000 may be made
available in fiscal year 2005 for the following:
(1) The Commander's Emergency Response Program, which was
established by the Administrator of the Coalition Provisional
Authority for the purpose of enabling United States military
commanders in Iraq to respond to urgent humanitarian relief and
reconstruction needs within their areas of responsibility by
carrying out programs to provide immediate assistance to the
people of Iraq.
(2) A similar program to enable United States military
commanders in Afghanistan to respond in such manner to similar
needs in Afghanistan.
(b) Quarterly Reports Required.--The Secretary of Defense shall
submit to the congressional defense committees on a quarterly basis
reports on the use of amounts made available under subsection (a).
SEC. 312. LIMITATION ON TRANSFERS OUT OF WORKING CAPITAL FUNDS.
Section 2208 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(r) Limitation on Transfers.--(1) Notwithstanding any authority
for transfer of funds provided in this section, no transfer may be made
out of a working capital fund or between or among working capital funds
under such authority unless the Secretary of Defense has submitted a
notification of the proposed transfer to the congressional defense
committees in accordance with customary procedures.
``(2) The amount of a transfer covered by a notification under
paragraph (1) that is proposed to be made in a fiscal year does not
count for the purpose of any limitation on the total amount of
transfers that may be made for that fiscal year under authority
provided to the Secretary of Defense in a law authorizing
appropriations for a fiscal year for military activities of the
Department of Defense or a law making appropriations for the Department
of Defense.''.
SEC. 313. FAMILY READINESS PROGRAM OF THE NATIONAL GUARD.
(a) Amount for Program.--The amount authorized to be appropriated
by section 301(1) for operation and maintenance for the Army is hereby
increased by $10,000,000 for the Family Readiness Program of the
National Guard.
(b) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $10,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
Subtitle C--Environmental Provisions
SEC. 321. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN CONNECTION WITH
DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.
(a) Payment for Activities at Former Defense Property Subject to
Covenant for Additional Remedial Action.--Section 2701(d) of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraph (4)'';
(2) by redesignating paragraphs (2), (3), and (4), as
paragraphs (3), (4), and (5), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Activities at certain former defense property.--In
addition to agreements under paragraph (1), the Secretary may
also enter into agreements with owners of property subject to a
covenant provided by the United States under section
120(h)(3)(A)(ii) of CERCLA (42 U.S.C. 9620(h)(3)(A)(ii)) to
reimburse the owners of such property for activities under this
section with respect to such property by reason of the
covenant.''.
(b) Source of Funds for Former BRAC Property Subject to Covenant
for Additional Remedial Action.--Section 2703 of such title is
amended--
(1) in subsection (g)(1), by striking ``The sole source''
and inserting ``Except as provided in subsection (h), the sole
source''; and
(2) by adding at the end the following new subsection:
``(h) Sole Source of Funds for Environmental Remediation at Certain
Base Realignment and Closure Sites.--In the case of property disposed
of pursuant to a base closure law and subject to a covenant described
in section 2701(d)(2) of this title, the sole source of funds for
activities under such section shall be the base closure account
established under the applicable base closure law.''.
SEC. 322. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND
SITE, MOSES LAKE, WASHINGTON.
(a) Authority To Reimburse.--(1) Using funds described in
subsection (b), the Secretary of Defense may transfer not more than
$524,926.54 to the Moses Lake Wellfield Superfund Site 10-6J Special
Account.
(2) The payment under paragraph (1) is to reimburse the
Environmental Protection Agency for its costs, including interest,
incurred in overseeing a remedial investigation/feasibility study
performed by the Department of the Army under the Defense Environmental
Restoration Program at the former Larson Air Force Base, Moses Lake
Superfund Site, Moses Lake, Washington.
(3) The reimbursement described in paragraph (2) is provided for in
the interagency agreement entered into by the Department of the Army
and the Environmental Protection Agency for the Moses Lake Wellfield
Superfund Site in March 1999.
(b) Source of Funds.--Any payment under subsection (a) shall be
made using funds authorized to be appropriated by section 301(17) for
operation and maintenance for Environmental Restoration, Formerly Used
Defense Sites.
(c) Use of Funds.--The Environmental Protection Agency shall use
the amount transferred under subsection (a) to pay costs incurred by
the Agency at the Moses Lake Wellfield Superfund Site.
SEC. 323. SATISFACTION OF CERTAIN AUDIT REQUIREMENTS BY THE INSPECTOR
GENERAL OF THE DEPARTMENT OF DEFENSE.
(a) Satisfaction of Requirements.--The Inspector General of the
Department of Defense shall be deemed to be in compliance with the
requirements of subsection (k) of section 111 of Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9611) if the Inspector General conducts periodic audits of the
payments, obligations, reimbursements and other uses of the Fund
described in that section, even if such audits do not occur on an
annual basis.
(b) Reports to Congress on Audits.--The Inspector General shall
submit to Congress a report on each audit conducted by the Inspector
General as described in subsection (a).
SEC. 324. COMPTROLLER GENERAL STUDY AND REPORT ON DRINKING WATER
CONTAMINATION AND RELATED HEALTH EFFECTS AT CAMP LEJEUNE,
NORTH CAROLINA.
(a) Study.--The Comptroller General of the United States shall
conduct a study on drinking water contamination and related health
effects at Camp Lejeune, North Carolina. The study shall consist of the
following:
(1) A study of the history of drinking water contamination
at Camp Lejeune to determine, to the extent practical--
(A) what contamination has been found in the
drinking water;
(B) the source of such contamination and when it
may have begun;
(C) when Marine Corps officials first became aware
of such contamination;
(D) what actions have been taken to address such
contamination;
(E) the appropriateness of such actions in light of
the state of knowledge regarding contamination of that
type, and applicable legal requirements regarding such
contamination, as of the time of such actions; and
(F) any other matters that the Comptroller General
considers appropriate.
(2) An assessment of the study on the possible health
effects associated with the drinking of contaminated drinking
water at Camp Lejeune as proposed by the Agency for Toxic
Substances and Disease Registry (ATSDR), including whether the
proposed study--
(A) will address the appropriate at-risk
populations;
(B) will encompass an appropriate timeframe;
(C) will consider all relevant health effects; and
(D) can be completed on an expedited basis without
compromising its quality.
(b) Authority To Use Experts.--The Comptroller General may use
experts in conducting the study required by subsection (a). Any such
experts shall be independent, highly qualified, and knowledgeable in
the matters covered by the study.
(c) Participation by Other Interested Parties.--In conducting the
study required by subsection (a), the Comptroller General shall ensure
that interested parties, including individuals who lived or worked at
Camp Lejeune during the period when the drinking water may have been
contaminated, have the opportunity to submit information and views on
the matters covered by the study.
(d) Construction With ATSDR Study.--The requirement under
subsection (a) that the Comptroller General conduct the study required
by paragraph (2) of that subsection may not be construed as a basis for
the delay of the study proposed by Agency for Toxic Substances and
Disease Registry as described in that subsection, but is intended to
provide an independent review of the appropriateness and credibility of
the study proposed by the Agency and to identify possible improvements
in the plan or implementation of the study proposed by the Agency.
(e) Report.--(1) Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the study required by
subsection (a), including such recommendations as the Comptroller
General considers appropriate for further study or for legislative or
other action.
(2) Recommendations under paragraph (1) may include recommendations
for modifications or additions to the study proposed by the Agency for
Toxic Substances and Disease Registry, as described in subsection
(a)(2), in order to improve the study.
SEC. 325. INCREASE IN AUTHORIZED AMOUNT OF ENVIRONMENTAL REMEDIATION,
FRONT ROYAL, VIRGINIA.
Section 591(a)(2) of the Water Resources Development Act of 1999
(Public Law 106-53; 113 Stat. 378) is amended by striking
``$12,000,000'' and inserting ``$22,000,000''.
SEC. 326. COMPTROLLER GENERAL STUDY AND REPORT ON ALTERNATIVE
TECHNOLOGIES TO DECONTAMINATE GROUNDWATER AT DEPARTMENT
OF DEFENSE INSTALLATIONS.
(a) Comptroller General Study.--The Comptroller General of the
United States shall conduct a study to determine whether or not cost-
effective technologies are available to the Department of Defense for
the cleanup of groundwater contamination at Department installations in
lieu of traditional methods, such as pump and treat, that can be
expensive and take many years to complete.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An identification of current technologies being used or
field tested by the Department to treat groundwater at
Department installations, including the contaminants being
addressed.
(2) An identification of cost-effective technologies
described in that subsection that are currently under research,
under development by commercial vendors, or available
commercially and being used outside the Department and that
have potential for use by the Department to address the
contaminants identified under paragraph (1).
(3) An evaluation of the potential benefits and limitations
of using the technologies identified under paragraphs (1) and
(2).
(4) A description of the barriers, such as cost,
capability, or legal restrictions, to using the technologies
identified under paragraph (2).
(5) Any other matters the Comptroller General considers
appropriate.
(c) Report.--By April 1, 2005, the Comptroller General shall submit
to Congress a report on the study under subsection (a). The report
shall include the results of the study and any recommendations,
including recommendations for administrative or legislative action,
that the Comptroller General considers appropriate.
SEC. 327. SENSE OF SENATE ON PERCHLORATE CONTAMINATION OF GROUND AND
SURFACE WATER.
(a) Findings.--The Senate makes the following findings:
(1) Because finite water sources in the United States are
stretched by regional drought conditions and increasing demand
for water supplies, there is increased need for safe and
dependable supplies of fresh water for drinking and use for
agricultural purposes.
(2) Perchlorate, a naturally occurring and manmade compound
with medical, commercial, and national defense applications,
which has been used primarily in military munitions and rocket
fuels, has been detected in fresh water sources intended for
use as drinking water and water necessary for the production of
agricultural commodities.
(3) If ingested in sufficient concentration and in adequate
duration, perchlorate may interfere with thyroid metabolism,
and this effect may impair the normal development of the brain
in fetuses and newborns.
(4) The Federal Government has not yet established a
drinking water standard for perchlorate.
(5) The National Academy of Sciences is conducting an
assessment of the state of the science regarding the effects on
human health of perchlorate ingestion that will aid in
understanding the effect of perchlorate exposure on sensitive
populations.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) perchlorate has been identified as a contaminant of
drinking water sources or in the environment in 34 States and
has been used or manufactured in 44 States;
(2) perchlorate exposure at or above a certain level may
adversely affect public health, particularly the health of
vulnerable and sensitive populations; and
(3) the Department of Defense should--
(A) work to develop a national plan to remediate
perchlorate contamination of the environment resulting
from Department's activities to ensure the Department
is prepared to respond quickly and appropriately once a
drinking water standard is established;
(B) in cases in which the Department is already
remediating perchlorate contamination, continue that
remediation;
(C) prior to the development of a drinking water
standard for perchlorate, develop a plan to remediate
perchlorate contamination in cases in which such
contamination from the Department's activities is
present in ground or surface water at levels that pose
a hazard to human health; and
(D) continue the process of evaluating and
prioritizing sites without waiting for the development
of a Federal standard.
SEC. 328. AMOUNT FOR RESEARCH AND DEVELOPMENT FOR IMPROVED PREVENTION
OF LEISHMANIASIS.
(a) Increase in Amount for Defense Health Program.--The amount
authorized to be appropriated by section 303(a)(2) for the Defense
Health Program for research, development, test, and evaluation is
hereby increased by $500,000, with the amount of the increase to be
available for purposes relating to Leishmaniasis Diagnostics
Laboratory.
(b) Increase in Amount for RDT&E, Army for Leishmaniasis Topical
Treatment.--The amount authorized to be appropriated by section 201(1)
for research, development, test, and evaluation, Army, as increased by
subsection (b), is hereby further increased by $4,500,000, with the
amount of the increase to be available in Program Element PE 0604807A
for purposes relating to Leishmaniasis Topical Treatment.
(c) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $5,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
SEC. 329. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING UTAH TEST AND
TRAINING RANGE, UTAH.
(a) Report Required.--(1) The Secretary of the Air Force shall
prepare a report that outlines current and anticipated encroachments on
the use and utility of the special use airspace of the Utah Test and
Training Range in the State of Utah, including encroachments brought
about through actions of other Federal agencies. The Secretary shall
include such recommendations as the Secretary considers appropriate
regarding any legislative initiatives necessary to address encroachment
problems identified by the Secretary in the report.
(2) It is the sense of the Senate that such recommendations should
be carefully considered for future legislative action.
(b) Submission of Report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit the report to
the Committee on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate.
(c) Prohibition on Ground Military Operations.--Nothing in this
section shall be construed to permit a military operation to be
conducted on the ground in a covered wilderness study area in the Utah
Test and Training Range.
(d) Communications and Tracking Systems.--Nothing in this section
shall be construed to prevent any required maintenance of existing
communications, instrumentation, or electronic tracking systems (or the
infrastructure supporting such systems) necessary for effective testing
and training to meet military requirements in the Utah Test and
Training Range.
Subtitle D--Depot-Level Maintenance and Repair
SEC. 331. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS CONCERNING
FUNDS EXPENDED FOR DEPOT MAINTENANCE AND REPAIR
WORKLOADS.
(a) Consolidation and Revision of Departmental Reporting
Requirements.--Section 2466(d) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``February 1'' and inserting
``April 1''; and
(B) by striking ``the preceding two fiscal years''
and inserting ``the preceding fiscal year and are
projected to be expended in the fiscal year in which
submitted and ensuing fiscal years''; and
(2) by striking paragraph (2).
(b) Timing and Content of GAO Views.--Paragraph (3) of such
section--
(1) is redesignated as paragraph (2); and
(2) is amended--
(A) by striking ``60 days'' and inserting ``90
days''; and
(B) by striking ``whether--'' and all that follows
and inserting the following: ``whether the Department
of Defense has complied with the requirements of
subsection (a) for the fiscal year preceding the fiscal
year in which the report is submitted and whether the
expenditure projections for the other fiscal years
covered by the report are reasonable.''.
SEC. 332. REPEAL OF REQUIREMENT FOR ANNUAL REPORT ON MANAGEMENT OF
DEPOT EMPLOYEES.
(a) Repeal.--Section 2472 of title 10, United States Code, is
amended by striking subsection (b).
(b) Conforming Amendment.--Subsection (a) of such section is
amended by striking ``(a) Prohibition on Management by End Strength.--
''.
SEC. 333. EXTENSION OF SPECIAL TREATMENT FOR CERTAIN EXPENDITURES
INCURRED IN THE OPERATION OF CENTERS OF INDUSTRIAL AND
TECHNICAL EXCELLENCE.
Section 2474(f)(1) of title 10, United States Code, is amended by
striking ``through 2006'' and inserting ``through 2009''.
Subtitle E--Extensions of Program Authorities
SEC. 341. TWO-YEAR EXTENSION OF DEPARTMENT OF DEFENSE
TELECOMMUNICATIONS BENEFIT.
Section 344(c) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1449) is amended by striking
``September 30, 2004'' and inserting ``September 30, 2006''.
SEC. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
Section 343 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (10 U.S.C. 4551 note) is amended--
(1) in subsection (a), by striking ``2004'' and inserting
``2006''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``2004'' and
inserting ``2006''; and
(B) in paragraph (2), by striking ``2003'' and
inserting ``2005''.
SEC. 343. REAUTHORIZATION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
Section 391(f) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 2304 note) is amended by
striking ``September 30, 2004'' and inserting ``September 30, 2006''.
Subtitle F--Defense Dependents Education
SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
2005.--Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$30,000,000 shall be available only for the purpose of providing
educational agencies assistance to local educational agencies.
(b) Notification.--Not later than June 30, 2005, the Secretary of
Defense shall notify each local educational agency that is eligible for
educational agencies assistance for fiscal year 2005 of--
(1) that agency's eligibility for the assistance; and
(2) the amount of the assistance for which that agency is
eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under subsection (a) not later than 30 days after
the date on which notification to the eligible local educational
agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ``basic support payment'' means a payment
authorized under section 8003(b)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).
SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$5,000,000 shall be available for payments under section 363 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20
U.S.C. 7703a).
SEC. 353. SENSE OF THE SENATE REGARDING THE IMPACT OF THE PRIVATIZATION
OF MILITARY HOUSING ON LOCAL SCHOOLS.
(a) Findings.--The Senate finds the following:
(1) There are approximately 750,000 school-aged children of
members of the active duty Armed Forces in the United States.
(2) Approximately 650,000 of those students are currently
being served in public schools across the United States.
(3) The Department of Defense has embarked on military
housing privatization initiatives using authorities provided in
subchapter IV of chapter 169 of part IV of subtitle A of title
10, United States Code, which will result in the improvement or
replacement of 120,000 military family housing units in the
United States.
(4) The Secretary of each military department is authorized
to include the construction of new school facilities in
agreements carried out under subchapter IV of chapter 169 of
part IV of subtitle A of title 10, United States Code.
(b) Sense of the Senate.--It is the sense of the Senate that the
Department of Defense should support the construction of schools in
housing privatization agreements that severely impact student
populations.
Subtitle G--Other Matters
SEC. 361. CHARGES FOR DEFENSE LOGISTICS INFORMATION SERVICES MATERIALS.
(a) Authority.--Subchapter I of chapter 8 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 197. Defense Logistics Agency: fees charged for logistics
information
``(a) Authority.--The Secretary of Defense may charge fees for
providing information in the Federal Logistics Information System
through Defense Logistics Information Services to a department or
agency of the executive branch outside the Department of Defense, or to
a State, a political subdivision of a State, or any person.
``(b) Amount.--The fee or fees prescribed under subsection (a)
shall be such amount or amounts as the Secretary of Defense determines
appropriate for recovering the costs of providing information as
described in such subsection.
``(c) Retention of Fees.--Fees collected under this section shall
be credited to the appropriation available for Defense Logistics
Information Services for the fiscal year in which collected, shall be
merged with other sums in such appropriation, and shall be available
for the same purposes and period as the appropriation with which
merged.
``(d) Defense Logistics Information Services Defined.--In this
section, the term `Defense Logistics Information Services' means the
organization within the Defense Logistics Agency that is known as
Defense Logistics Information Services.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``197. Defense Logistics Agency: fees charged for logistics
information.''.
SEC. 362. TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE OF SECURITY-
GUARD FUNCTIONS.
(a) Conditional Extension of Authority.--Subsection (c) of section
332 of the Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2513) is amended--
(1) by inserting ``(1)'' after ``Authority.--''; and
(2) by striking ``at the end of the three-year period'' and
all that follows through the period at the end and inserting
``at the end of September 30, 2006, except that such authority
shall not be in effect under this section for any period after
December 1, 2004, during which the Secretary has failed to
comply with the requirement to submit the plan under subsection
(d)(2).
``(2) No security-guard functions may be performed under any
contract entered into using the authority provided under this section
during any period for which the authority for contractor performance of
security-guard functions under this section is not in effect.
``(3) The term of any contract entered into using the authority
provided under this section may not extend beyond the date of the
expiration of authority under paragraph (1).''.
(b) Reaffirmation and Revision of Reporting Requirement.--
Subsection (d) of such section is amended--
(1) by striking ``180 days after the date of the enactment
of this Act,'' and inserting ``December 1, 2004,'';
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (4), respectively;
(3) by inserting after ``shall--'' the following new
paragraph:
``(1) identify each contract for the performance of
security-guard functions entered into pursuant to the authority
in subsection (a) on or before September 30, 2004, including
information regarding--
``(A) each installation at which such security-
guard functions are performed or are to be performed;
``(B) the period and amount of such contract;
``(C) the number of security guards employed or to
be employed under such contract; and
``(D) the actions taken or to be taken within the
Department of Defense to ensure that the conditions
applicable under paragraph (1) of subsection (a) or
determined under paragraph (2) of such subsection are
satisfied;'';
(4) by striking ``and'' at the end of paragraph (2), as
redesignated by paragraph (2); and
(5) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
``(3) identify any limitation or constraint on the end
strength of the civilian workforce of the Department of Defense
that makes it difficult to meet requirements identified under
paragraph (2) by hiring personnel as civilian employees of the
Department of Defense; and''.
SEC. 363. PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNICIPAL SERVICES FOR
DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) Authority.--The Secretary of Defense may carry out a pilot
program to provide for the purchase of certain services needed for a
Department of Defense installation from a county or municipality where
the installation is located.
(b) Purpose of Program.--The purpose of the pilot program is to
provide the Secretary with a basis for evaluating the efficacy of
purchasing public works, utility, and other services needed for
Department of Defense installations from counties or municipalities
where the installations are located.
(c) Services Authorized for Procurement.--Only the following
services may be purchased for a participating installation under the
pilot program:
(1) Refuse collection.
(2) Refuse disposal.
(3) Library services.
(4) Recreation services.
(5) Facility maintenance and repair.
(6) Utilities.
(d) Program Installations.--The Secretary of each military
department may designate under this section not more than two
installations of such military department for participation in the
pilot program. Only installations located in the United States are
eligible for designation under this subsection.
(e) Report.--Not later than February 1, 2010, the Secretary of
Defense shall submit to Congress a report on any pilot program carried
out under this section. The report shall include--
(1) the Secretary's evaluation of the efficacy of
purchasing public works, utility, and other services for
Department of Defense installations from counties or
municipalities where the installations are located; and
(2) any recommendations that the Secretary considers
appropriate regarding authority to make such purchases.
(f) Period of Pilot Program.--The pilot program may be carried out
during fiscal years 2005 through 2010.
SEC. 364. CONSOLIDATION AND IMPROVEMENT OF AUTHORITIES FOR ARMY
WORKING-CAPITAL FUNDED FACILITIES TO ENGAGE IN PUBLIC-
PRIVATE PARTNERSHIPS.
(a) Public-Private Partnerships Authorized.--Chapter 433 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 4544. Army industrial facilities: public-private partnerships
``(a) Public-Private Partnerships Authorized.--A working-capital
funded Army industrial facility may enter into cooperative arrangements
with non-Army entities to carry out military or commercial projects
with the non-Army entities. A cooperative arrangement under this
section shall be known as a `public-private partnership'.
``(b) Authorized Partnership Activities.--A public-private
partnership entered into by an Army industrial facility may provide for
any of the following activities:
``(1) The sale of articles manufactured by the facility or
services performed by the facility to persons outside the
Department of Defense.
``(2) The performance of--
``(A) work by a non-Army entity at the facility; or
``(B) work for a non-Army entity by the facility.
``(3) The sharing of work by the facility and one or more
non-Army entities.
``(4) The leasing, or use under a facilities use contract
or otherwise, of the facility (including excess capacity) or
equipment (including excess equipment) of the facility by a
non-Army entity.
``(5) The preparation and submission of joint offers by the
facility and one or more non-Army entities for competitive
procurements entered into with a department or agency of the
United States.
``(c) Conditions for Public-Private Partnerships.--An activity
described in subsection (b) may be carried out as a public-private
partnership at an Army industrial facility only under the following
conditions:
``(1) In the case of an article to be manufactured or
services to be performed by the facility, the articles can be
substantially manufactured, or the services can be
substantially performed, by the facility without subcontracting
for more than incidental performance.
``(2) The activity does not interfere with performance of--
``(A) work by the facility for the Department of
Defense; or
``(B) a military mission of the facility.
``(3) The activity meets one of the following objectives:
``(A) Maximize utilization of the capacity of the
facility.
``(B) Reduction or elimination of the cost of
ownership of the facility.
``(C) Reduction in the cost of manufacturing or
maintaining Department of Defense products at the
facility.
``(D) Preservation of skills or equipment related
to a core competency of the facility.
``(4) The non-Army entity partner or purchaser agrees to
hold harmless and indemnify the United States from any
liability or claim for damages or injury to any person or
property arising out of the activity, including any damages or
injury arising out of a decision by the Secretary of the Army
or the Secretary of Defense to suspend or terminate an
activity, or any portion thereof, during a war or national
emergency or to require the facility to perform other work or
provide other services on a priority basis, except--
``(A) in any case of willful misconduct or gross
negligence; and
``(B) in the case of a claim by a purchaser of
articles or services under this section that damages or
injury arose from the failure of the Government to
comply with quality, schedule, or cost performance
requirements in the contract to carry out the activity.
``(d) Methods of Public-Private Partnerships.--To conduct an
activity of a public-private partnership under this section, the
approval authority described in subsection (f) for an Army industrial
facility may, in the exercise of good business judgment--
``(1) enter into a firm, fixed-price contract (or, if
agreed to by the purchaser, a cost reimbursement contract) for
a sale of articles or services or use of equipment or
facilities;
``(2) enter into a multiyear partnership contract for a
period not to exceed five years, unless a longer period is
specifically authorized by law;
``(3) charge a partner the amounts necessary to recover the
full costs of the articles or services provided, including
capital improvement costs, and equipment depreciation costs
associated with providing the articles, services, equipment, or
facilities;
``(4) authorize a partner to use incremental funding to pay
for the articles, services, or use of equipment or facilities;
and
``(5) accept payment-in-kind.
``(e) Deposit of Proceeds.--(1) The proceeds of sales of articles
and services received in connection with the use of an Army industrial
facility under this section shall be credited to the appropriation or
working-capital fund that incurs the variable costs of manufacturing
the articles or performing the services. Notwithstanding section
3302(b) of title 31, the amount so credited with respect to an Army
industrial facility shall be available, without further appropriation,
as follows:
``(A) Amounts equal to the amounts of the variable costs so
incurred shall be available for the same purposes as the
appropriation or working-capital fund to which credited.
``(B) Amounts in excess of the amounts of the variable
costs so incurred shall be available for operations,
maintenance, and environmental restoration at that Army
industrial facility.
``(2) Amounts credited to a working-capital fund under paragraph
(1) shall remain available until expended. Amounts credited to an
appropriation under paragraph (1) shall remain available for the same
period as the appropriation to which credited.
``(f) Approval of Sales.--The authority of an Army industrial
facility to conduct a public-private partnership under this section
shall be exercised at the level of the commander of the major
subordinate command of the Army that has responsibility for the
facility. The commander may approve such partnership on a case basis or
a class basis.
``(g) Commercial Sales.--Except in the case of work performed for
the Department of Defense, for a contract of the Department of Defense,
for foreign military sales, or for authorized foreign direct commercial
sales (defense articles or defense services sold to a foreign
government or international organization under export controls), a sale
of articles or services may be made under this section only if the
approval authority described in subsection (f) determines that the
articles or services are not available from a commercial source located
in the United States in the required quantity or quality, or within the
time required.
``(h) Exclusion From Depot-Level Maintenance and Repair Percentage
Limitation.--Amounts expended for depot-level maintenance and repair
workload by non-Federal personnel at an Army industrial facility shall
not be counted for purposes of applying the percentage limitation in
section 2466(a) of this title if the personnel are provided by a non-
Army entity pursuant to a public-private partnership established under
this section.
``(i) Relationship to Other Laws.--Nothing in this section shall be
construed to affect the application of--
``(1) foreign military sales and the export controls
provided for in sections 30 and 38 of the Arms Export Control
Act (22 U.S.C. 2770 and 2778) to activities of a public-private
partnership under this section; and
``(2) section 2667 of this title to leases of non-excess
property in the administration of a public-private partnership
under this section.
``(j) Definitions.--In this section:
``(1) The term `Army industrial facility' includes an
ammunition plant, an arsenal, a depot, and a manufacturing
plant.
``(2) The term `non-Army entity' includes the following:
``(A) An executive agency.
``(B) An entity in industry or commercial sales.
``(C) A State or political subdivision of a State.
``(D) An institution of higher education or
vocational training institution.
``(3) The term `incremental funding' means a series of
partial payments that--
``(A) are made as the work on manufacture or
articles is being performed or services are being
performed or equipment or facilities are used, as the
case may be; and
``(B) result in full payment being completed as the
required work is being completed.
``(4) The term `full costs', with respect to articles or
services provided under this section, means the variable costs
and the fixed costs that are directly related to the production
of the articles or the provision of the services.
``(5) The term `variable costs' means the costs that are
expected to fluctuate directly with the volume of sales or
services provided or the use of equipment or facilities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4544. Army industrial facilities: public-private partnerships.''.
SEC. 365. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF WORLD WAR II.
(a) In General.--For fiscal year 2005, the Secretary of Defense may
conduct a program--
(1) to commemorate the 60th anniversary of World War II;
and
(2) to coordinate, support, and facilitate other such
commemoration programs and activities of the Federal
Government, State and local governments, and other persons.
(b) Program Activities.--The program referred to in subsection (a)
may include activities and ceremonies--
(1) to provide the people of the United States with a clear
understanding and appreciation of the lessons and history of
World War II;
(2) to thank and honor veterans of World War II and their
families;
(3) to pay tribute to the sacrifices and contributions made
on the home front by the people of the United States;
(4) to foster an awareness in the people of the United
States that World War II was the central event of the 20th
century that defined the postwar world;
(5) to highlight advances in technology, science, and
medicine related to military research conducted during World
War II;
(6) to inform wartime and postwar generations of the
contributions of the Armed Forces of the United States to the
United States;
(7) to recognize the contributions and sacrifices made by
World War II allies of the United States; and
(8) to highlight the role of the Armed Forces of the United
States, then and now, in maintaining world peace through
strength.
(c) Establishment of Account.--(1) There is established in the
Treasury of the United States an account to be known as the
``Department of Defense 60th Anniversary of World War II Commemoration
Account'' which shall be administered by the Secretary as a single
account.
(2) There shall be deposited in the account, from amounts
appropriated to the Department of Defense for operation and maintenance
of Defense Agencies, such amounts as the Secretary considers
appropriate to conduct the program referred to in subsection (a).
(3) The Secretary may use the funds in the account established in
paragraph (1) only for the purpose of conducting the program referred
to in subsection (a).
(4) Not later than 60 days after the termination of the authority
of the Secretary to conduct the program referred to in subsection (a),
the Secretary shall transmit to the Committees on Armed Services of the
Senate and House of Representatives a report containing an accounting
of all the funds deposited into and expended from the account or
otherwise expended under this section, and of any amount remaining in
the account. Unobligated funds which remain in the account after
termination of the authority of the Secretary under this section shall
be held in the account until transferred by law after the Committees
receive the report.
(d) Acceptance of Voluntary Services.--(1) Notwithstanding section
1342 of title 31, United States Code, the Secretary may accept from any
person voluntary services to be provided in furtherance of the program
referred to in subsection (a).
(2) A person providing voluntary services under this subsection
shall be considered to be an employee for the purposes of chapter 81 of
title 5, United States Code, relating to compensation for work-related
injuries. Such a person who is not otherwise employed by the Federal
Government shall not be considered to be a Federal employee for any
other purposes by reason of the provision of such service.
(3) The Secretary may reimburse a person providing voluntary
services under this subsection for incidental expenses incurred by such
person in providing such services. The Secretary shall determine which
expenses are eligible for reimbursement under this paragraph.
SEC. 366. MEDIA COVERAGE OF THE RETURN TO THE UNITED STATES OF THE
REMAINS OF DECEASED MEMBERS OF THE ARMED FORCES FROM
OVERSEAS.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense, since 1991, has relied on a
policy of no media coverage of the transfers of the remains of
members Ramstein Air Force Base, Germany, nor at Dover Air
Force Base, Delaware, and the Port Mortuary Facility at Dover
Air Force Base, nor at interim stops en route to the point of
final destination in the transfer of the remains.
(2) The principal focus and purpose of the policy is to
protect the wishes and the privacy of families of deceased
members of the Armed Forces during their time of great loss and
grief and to give families and friends of the dead the
privilege to decide whether to allow media coverage at the
member's duty or home station, at the interment site, or at or
in connection with funeral and memorial services.
(3) In a 1991 legal challenge to the Department of Defense
policy, as applied during Operation Desert Storm, the policy
was upheld by the United States District Court for the District
of Columbia, and on appeal, by the United States Court of
Appeals for the District of Columbia in the case of JB
Pictures, Inc. v. Department of Defense and Donald B. Rice,
Secretary of the Air Force on the basis that denying the media
the right to view the return of remains at Dover Air Force Base
does not violate the first amendment guarantees of freedom of
speech and of the press.
(4) The United States Court of Appeals for the District of
Columbia in that case cited the following two key Government
interests that are served by the Department of Defense policy:
(A) Reducing the hardship on the families and
friends of the war dead, who may feel obligated to
travel great distances to attend arrival ceremonies at
Dover Air Force Base if such ceremonies were held.
(B) Protecting the privacy of families and friends
of the dead, who may not want media coverage of the
unloading of caskets at Dover Air Force Base.
(5) The Court also noted, in that case, that the bereaved
may be upset at the public display of the caskets of their
loved ones and that the policy gives the family the right to
grant or deny access to the media at memorial or funeral
services at the home base and that the policy is consistent in
its concern for families.
(b) Sense of Congress.--It is the sense of Congress that the
Department of Defense policy regarding no media coverage of the
transfer of the remains of deceased members of the Armed Forces
appropriately protects the privacy of the members' families and friends
of and is consistent with United States constitutional guarantees of
freedom of speech and freedom of the press.
SEC. 367. TRACKING AND CARE OF MEMBERS OF THE ARMED FORCES WHO ARE
INJURED IN COMBAT.
(a) Findings.--The Senate makes the following findings:
(1) Members of the Armed Forces of the United States place
themselves in harm's way in the defense of democratic values
and to keep the United States safe.
(2) This call to duty has resulted in the ultimate
sacrifice of members of the Armed Forces of the United States
who are killed or critically injured while serving the United
States.
(b) Sense of Senate.--It is the sense of the Senate--
(1) to honor the sacrifice of the members of the Armed
Forces who have been killed or critically wounded while serving
the United States;
(2) to recognize the heroic efforts of the medical
personnel of the Armed Forces in treating wounded military
personnel and civilians; and
(3) to support advanced medical technologies that assist
the medical personnel of the Armed Forces in saving lives and
reducing disability rates for members of the Armed Forces.
(c) Policy on Tracking of Wounded From Combat Zones.--(1) Not later
than 120 days after the date of the enactment of this Act, the
Secretary of Defense shall--
(A) prescribe the policy of the Department of Defense for
providing timely notification to the next of kin of the status,
including health and location, of members of the Armed Forces
who are seriously ill or injured in a combat zone; and
(B) transmit to the Committees on Armed Services of the
Senate and House of Representatives a copy of the policy
prescribed under subparagraph (A).
(2) The policy prescribed under paragraph (1) shall ensure respect
for the expressed desires of individual members of the Armed Forces
regarding notification of next of kin under the policy, and shall also
include standards of timeliness for the initial and continuing
notification of next of kin under the policy.
(d) Funding for Medical Equipment and Combat Casualty
Technologies.--(1) The amount authorized to be appropriated by section
201(4) for research, development, test, and evaluation, Defense-wide
activities, is hereby increased by $10,000,000, with the amount of the
increase to be allocated to Program Element PE 0603826D8Z.
(2) Of the amount authorized to be appropriated by section 201(4)
for research, development, test, and evaluation, Defense-wide
activities, and allocated to Program Element PE 0603826D8Z, as provided
by paragraph (1), $10,000,000 may be available for medical equipment
and combat casualty care technologies.
(e) Offset.--The amount authorized to be appropriated by section
421 is hereby reduced by $10,000,000, with the amount of the reduction
to be derived from excess amounts provided for military personnel of
the Air Force.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2005, as follows:
(1) The Army, 502,400, subject to the condition that costs
of active duty personnel of the Army in excess of 482,400 shall
be paid out of funds authorized to be appropriated for fiscal
year 2005 for a contingent emergency reserve fund or as an
emergency supplemental appropriation.
(2) The Navy, 365,900.
(3) The Marine Corps, 175,000.
(4) The Air Force, 359,700.
SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE DUTY
PERSONNEL END STRENGTHS FOR FISCAL YEARS 2005 THROUGH
2009.
(a) Authority.--During fiscal years 2005 through 2009, the
Secretary of Defense is authorized to increase by up to 30,000 the end
strength authorized for the Army for such fiscal year under section
115(a)(1)(A) of title 10, United States Code, as necessary to support
the operational mission of the Army in Iraq and Afghanistan and to
achieve transformational reorganization objectives of the Army,
including objectives for increased numbers of combat brigades, unit
manning, force stabilization and shaping, and rebalancing of the active
and reserve component forces of the Army.
(b) Relationship to Presidential Waiver Authority.--Nothing in this
section shall be construed to limit the President's authority under
section 123a of title 10, United States Code, to waive any statutory
end strength in a time of war or national emergency.
(c) Relationship to Other Variance Authority.--The authority under
subsection (a) is in addition to the authority to vary authorized end
strengths that is provided in subsections (e) and (f) of section 115 of
title 10, United States Code.
(d) Budget Treatment.--If the Secretary of Defense plans to
increase the Army active duty end strength for a fiscal year under
subsection (a) of this section or pursuant to a suspension of end-
strength limitation under section 123a of title 10, United States Code,
then the budget for the Department of Defense for such fiscal year as
submitted to Congress shall specify the amounts necessary for funding
the active duty end strength of the Army in excess of 482,400 (the end
strength authorized for active duty personnel of the Army for fiscal
year 2004 in section 401(1) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1450)).
SEC. 403. EXCLUSION OF SERVICE ACADEMY PERMANENT AND CAREER PROFESSORS
FROM A LIMITATION ON CERTAIN OFFICER GRADE STRENGTHS.
Section 523(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(8) Up to 50 permanent professors of each of the United
States Military Academy and the United States Air Force
Academy, and up to 50 professors of the United States Naval
Academy who are career military professors (as defined in
regulations prescribed by the Secretary of the Navy).''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2005, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 83,400.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,800.
(6) The Air Force Reserve, 76,100.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2005, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 26,602.
(2) The Army Reserve, 14,970.
(3) The Naval Reserve, 14,152.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 12,253.
(6) The Air Force Reserve, 1,900.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2005 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 7,299.
(2) For the Army National Guard of the United States,
25,076.
(3) For the Air Force Reserve, 9,954.
(4) For the Air National Guard of the United States,
22,956.
SEC. 414. FISCAL YEAR 2005 LIMITATIONS ON NON-DUAL STATUS TECHNICIANS.
(a) Limitations.--(1) Within the limitation provided in section
10217(c)(2) of title 10, United States Code, the number of non-dual
status technicians employed by the National Guard as of September 30,
2005, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) The number of non-dual status technicians employed by the Army
Reserve as of September 30, 2005, may not exceed 795.
(3) The number of non-dual status technicians employed by the Air
Force Reserve as of September 30, 2005, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given the term in
section 10217(a) of title 10, United States Code.
SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVE OFFICERS IN
ACTIVE STATUS IN GRADES BELOW GENERAL OFFICER.
(a) Increased Strengths for Field Grade and Company Grade
Officers.--Section 12005(c)(1), of title 10, United States Code, is
amended by amending the table to read as follows:
``Colonel............................................ 2 percent
``Lieutenant colonel................................. 8 percent
``Major.............................................. 16 percent
``Captain............................................ 39 percent
``First lieutenant and second lieutenant (when 35 percent.''.
combined with the number authorized for general
officer grades under section 12004 of this title).
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2004.
Subtitle C--Authorizations of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2005 a total of
$104,535,458,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2005.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2005
from the Armed Forces Retirement Home Trust Fund the sum of $61,195,000
for the operation of the Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Joint Officer Personnel Management
SEC. 501. MODIFICATION OF CONDITIONS OF ELIGIBILITY FOR WAIVER OF JOINT
DUTY CREDIT REQUIREMENT FOR PROMOTION TO GENERAL OR FLAG
OFFICER.
(a) Career Field Specialties With No Joint Requirements.--Paragraph
(2) of section 619a(b) of title 10, United States Code, is amended by
striking ``scientific and technical qualifications'' and inserting
``career field specialty qualifications''.
(b) Officers Selected for Promotion While in Joint Duty
Assignment.--Paragraph (4) of such section is amended by striking
``if--'' and all that follows and inserting ``if the officer's total
consecutive service in joint duty assignments meets the requirements of
section 664 of this title for credit for having completed a full tour
of duty in a joint duty assignment.''.
SEC. 502. MANAGEMENT OF JOINT SPECIALTY OFFICERS.
(a) Education and Experience Requirements.--(1) Subsection (c) of
section 661 of title 10, United States Code, is amended by striking
paragraph (1) and inserting the following: ``(1) An officer shall have
the joint specialty (and shall be designated with a joint specialty
officer identifier) upon--
``(A) successfully completing (in any sequence)--
``(i) a program accredited by Chairman of the Joint
Chiefs of Staff that is presented by a joint
professional military education institution; and
``(ii) a full tour of duty in a joint duty
assignment; or
``(B) completing two full tours of duty in joint duty
assignments.''.
(2) Subsection (c) of such section is further amended--
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph (2).
(b) Designation of Joint Specialty General and Flag Officer
Positions.--Section 661 of such title is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Joint Specialty Officer Designation for General and Flag
Positions.--(1) The Secretary of Defense shall ensure that the general
and flag officer positions required to be filled by officers with the
joint specialty as joint duty assignments are designated as such.
``(2) An officer without the joint specialty may be assigned to a
position designated under paragraph (1) only if the Secretary of
Defense determines that the assignment of that officer to such position
is necessary and waives the requirement to assign an officer with the
joint specialty to that position.''.
SEC. 503. REVISED PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.
(a) Qualifications.--Subsection (a) of section 662 of title 10,
United States Code, is amended to read as follows:
``(a) Qualifications.--(1) The Secretary of a military department
shall prescribe for the officers in each of the armed forces under the
jurisdiction of such Secretary policies and procedures to ensure that
an adequate number of senior colonels, or in the case of the Navy,
senior captains, who are serving in or have served in joint duty
assignments meet the requirements of section 619a of this title for
eligibility for promotion to brigadier general and rear admiral (lower
half).
``(2) The Secretary of Defense shall ensure that the qualifications
of officers assigned to joint duty assignments are such that--
``(A) officers who are serving on or have served on the
Joint Staff are expected, as a group, to be promoted to the
next higher grade at a rate not less than the rate for officers
of the same armed force in the same grade and competitive
category who are serving on the headquarters staff of their
armed force; and
``(B) officers who are serving in or have served in joint
duty assignments are expected, as a group, to be promoted to
the next higher grade at a rate not less than the rate for all
officers of the same armed force in the same grade and
competitive category.
``(3) The Secretary of Defense shall prescribe policies to ensure
that the Secretaries of the military departments provide for promotion
selection boards to give appropriate consideration to officers who are
serving in or have served in joint duty assignments and are eligible
for consideration by such boards.''.
(b) Conforming Amendment.--Subsection (b) of such section is
amended by striking ``paragraphs (1), (2), and (3) of subsection (a)''
and inserting ``subparagraphs (A) and (B) of subsection (a)(2)''.
SEC. 504. LENGTH OF JOINT DUTY ASSIGNMENTS.
Section 664 of title 10, United States Code, is amended by striking
subsection (b) and all that follows and inserting the following new
subsections:
``(b) Full Credit for Joint Duty.--An officer shall be credited
with having completed a full tour of duty in a joint duty assignment
upon the completion of any of the following:
``(1) Service in a joint duty assignment that meets the
standards of subsection (a).
``(2) Service in a joint duty assignment for a period that
equals or exceeds the standard length of the joint duty
assignments that is prescribed under subsection (c) for the
installation or other location of the officer's joint duty
assignment.
``(3) Cumulative service of at least one year on one or
more headquarters staffs within a United States or
multinational joint task force.
``(4) Service in a second joint duty assignment for not
less than 24 months, without regard to how much of the
officer's service in the first joint duty assignment has been
credited as service in a joint duty assignment.
``(5) Any service in a joint duty assignment if the
Secretary of Defense has granted a waiver for such officer
under subsection (d).
``(c) Standard Length of Joint Duty Assignments.--The Secretary of
Defense shall prescribe in regulations, for each installation and other
location authorized joint duty assignment positions, the standard
length of the joint duty assignments in such positions at that
installation or other location, as the case may be.
``(d) Waiver Authority.--The Secretary of Defense may waive the
applicability of this section in the case of any particular officer if
the Secretary determines that it is in the national security interests
of the United States to do so.''.
SEC. 505. REPEAL OF MINIMUM PERIOD REQUIREMENT FOR PHASE II JOINT
PROFESSIONAL MILITARY EDUCATION.
Section 663 of title 10, United States Code, is amended by striking
subsection (e).
SEC. 506. REVISED DEFINITIONS APPLICABLE TO JOINT DUTY.
(a) Joint Duty Assignment.--Subsection (b)(2) of section 668 of
title 10, United States Code, is amended by striking ``a list'' in the
matter preceding subparagraph (A) and inserting ``a joint duty
assignment list''.
(b) Tour of Duty.--Subsection (c) of such section is amended to
read as follows:
``(c) Tour of Duty.--In this chapter, the term `tour of duty'
includes two or more consecutive tours of duty in joint duty assignment
positions that is credited as service in a joint duty assignment under
this chapter.''.
Subtitle B--Other Officer Personnel Policy
SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO A FORCE OF
ALL REGULAR OFFICERS.
(a) Original Appointments as Commissioned Officers.--(1) Section
532 of title 10, United States Code, is amended by striking subsection
(e).
(2) Subsection (a)(2) of such section is amended by striking
``fifty-fifth birthday'' and inserting ``sixty-second birthday''.
(3)(A) Such section 532, as amended by paragraph (1), is further
amended by adding at the end the following new subsection (e):
``(e) For an original appointment in a grade below major or, in the
case of the Navy, a grade below lieutenant commander under subsection
(a), the Secretary of Defense may waive the applicability of the
requirement of subsection (a)(1) to an alien lawfully admitted to
permanent residence in the United States when the Secretary determines
that it is the national security interests of the United States to do
so.''.
(B) Section 619(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) An officer in the grade of captain or, in the case of
the Navy, lieutenant who is not a citizen of the United
States.''.
(4) Section 531(a) of such title is amended to read as follows:
``(a)(1) Original appointments in the grades of second lieutenant
through captain in the Regular Army, Regular Air Force, and Regular
Marine Corps and in the grades of ensign through lieutenant in the
Regular Navy shall be made by the President. The President may delegate
to the Secretary of Defense authority to make such appointments.
``(2) Original appointments in the grades of major, lieutenant
colonel, and colonel in the Regular Army, Regular Air Force, and
Regular Marine Corps and in the grades of lieutenant commander,
commander, and captain in the Regular Navy shall be made by the
President, by and with the advice and consent of the Senate.''.
(b) Repeal of Total Strength Limitation for Active Duty Regular
Commissioned Officers.--(1) Section 522 of title 10, United States
Code, is repealed.
(2) The table of sections at the beginning of chapter 32 of such
title is amended by striking the item relating to section 522.
(c) Force Shaping Authority.--(1)(A) Subchapter V of chapter 36 of
such title is amended by adding at the end the following new section:
``Sec. 647. Force shaping authority
``(a) Authority.--The Secretary concerned may, solely for the
purpose of restructuring an armed force under the jurisdiction of that
Secretary--
``(1) discharge an officer described in subsection (b); or
``(2) transfer such an officer from the active-duty list of
that armed force to the reserve active-status list of a reserve
component of that armed force.
``(b) Covered Officers.--(1) The authority under this section may
be exercised in the case of an officer who--
``(A) has completed not more than 5 years of service as a
commissioned officer in the armed forces; or
``(B) has completed more than 5 years of service as a
commissioned officer in the armed forces, but has not completed
a minimum service obligation applicable to that member.
``(2) In this subsection, the term `minimum service obligation'
means the initial period of required active duty service together with
any additional period of required active duty service incurred during
the initial period of required active duty service.
``(c) Appointment of Transferred Officers.--An officer of the
Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps
who is transferred to a reserve active-status list under this section
shall be discharged from the regular component concerned and appointed
as a reserve commissioned officer under section 12203 of this title.
``(d) Regulations.--The Secretary concerned shall prescribe
regulations for the exercise of the Secretary's authority under this
section.''.
(B) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``647. Force shaping authority.''.
(2) Section 1174(e)(2)(B) of such title is amended by inserting
after ``obligated service'' the following: ``, unless the member is an
officer discharged or released under the authority of section 647 of
this title''.
(3) Section 12201(a) of such title is amended--
(A) by inserting ``(1)'' after ``(a)'';
(B) in the first sentence, by inserting ``, except as
provided in paragraph (2),'' after ``the armed force concerned
and''; and
(C) by adding at the end the following new paragraph:
``(2) An officer transferred from the active-duty list of an armed
force to a reserve active-status list of an armed force under section
647 of this title is not required to subscribe to the oath referred to
in paragraph (1) in order to qualify for an appointment under that
paragraph.''.
(4) Section 12203 of such title is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Subject to the authority, direction, and control of the
President, the Secretary concerned may appoint as a reserve
commissioned officer any regular officer transferred from the active-
duty list of an armed force to the reserve active-status list of a
reserve component under section 647 of this title, notwithstanding the
requirements of subsection (a).''.
(5) Section 531 of such title is amended by adding at the end the
following new subsection:
``(c) Subject to the authority, direction, and control of the
President, an original appointment as a commissioned officer in the
Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps
may be made by the Secretary concerned in the case of a reserve
commissioned officer upon the transfer of such officer from the reserve
active-status list of a reserve component of the armed forces to the
active-duty list of an armed force, notwithstanding the requirements of
subsection (a).''.
(d) Active-Duty Ready Reserve Officers Not on Active-Duty List.--
Section 641(1)(F) of such title is amended by striking ``section
12304'' and inserting ``sections 12302 and 12304''.
(e) All Regular Officer Appointments for Students Attending the
University of Health Sciences.--Section 2114(b) of such title is
amended by striking ``Notwithstanding any other provision of law, they
shall serve'' and all that follows through ``if qualified,'' and
inserting ``Notwithstanding any other provision of law, they shall be
appointed as regular officers in the grade of O-1 and shall serve on
active duty in that grade. Upon graduation they shall be required to
serve on active duty''.
(f) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of the enactment of
this Act.
SEC. 512. ELIGIBILITY OF NAVY STAFF CORPS OFFICERS TO SERVE AS DEPUTY
CHIEFS OF NAVAL OPERATIONS AND ASSISTANT CHIEFS OF NAVAL
OPERATIONS.
(a) Deputy Chiefs of Naval Operations.--Section 5036(a) of title
10, United States Code, is amended by striking ``in the line''.
(b) Assistant Chiefs of Naval Operations.--Section 5037(a) of such
title is amended by striking ``in the line''.
SEC. 513. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE JOINT DUTY
EXPERIENCE AS ELIGIBILITY REQUIREMENT FOR APPOINTMENT OF
CHIEFS OF RESERVE COMPONENTS.
Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), and 8038(b)(4) of
title 10, United States Code, are amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
SEC. 514. LIMITATION ON NUMBER OF OFFICERS FROCKED TO MAJOR GENERAL AND
REAR ADMIRAL (UPPER HALF).
Section 777(d) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by striking ``(d) Limitation on Number of Officers
Frocked to Specified Grades.--'' and inserting the following:
``(d) Limitation on Number of Officers Frocked to Specified
Grades.--(1) The total number of brigadier generals and Navy rear
admirals (lower half) on the active-duty list who are authorized as
described in subsection (a) to wear the insignia for the grade of major
general or rear admiral (upper half), as the case may be, may not
exceed 30.''.
SEC. 515. STUDY REGARDING PROMOTION ELIGIBILITY OF RETIRED WARRANT
OFFICERS RECALLED TO ACTIVE DUTY.
(a) Requirement for Study.--The Secretary of Defense shall carry
out a study to determine whether it would be equitable for retired
warrant officers on active duty, but not on the active-duty list by
reason of section 582(2) of title 10, United States Code, to be
eligible for consideration for promotion under section 573 of such
title.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the results of the study under subsection (a). The
report shall include a discussion of the Secretary's determination
regarding the issue covered by the study, the rationale for the
Secretary's determination, and any recommended legislation that the
Secretary considers appropriate regarding that issue.
Subtitle C--Reserve Component Personnel Policy
SEC. 521. REPEAL OF EXCLUSION OF ACTIVE DUTY FOR TRAINING FROM
AUTHORITY TO ORDER RESERVES TO ACTIVE DUTY.
(a) General Authority To Order Reserves to Active Duty.--Section
12301 of title 10, United States Code, is amended--
(1) in the first sentence of subsection (a), by striking
``(other than for training)'';
(2) in subsection (c)--
(A) by striking ``(other than for training)'' and
inserting ``as described in subsection (a)'' in the
first sentence; and
(B) by striking ``(other than for training)'' in
the second sentence; and
(3) in subsection (e), by striking ``(other than for
training)'' and inserting ``as described in subsection (a)''.
(b) Ready Reserve 24-Month Callup Authority.--Section 12302 of such
title is amended by striking ``(other than for training)'' in
subsections (a) and (c).
(c) Selected Reserve and Individual Ready Reserve 270-Day Callup
Authority.--Section 12304(a) of such title is amended by striking
``(other than for training)''.
(d) Standby Reserve Callup Authority.--Section 12306 of such title
is amended--
(1) in subsection (a), by striking ``active duty (other
than for training) only as provided in section 12301 of this
title'' and inserting ``active duty only as provided in section
12301 of this title, but subject to the limitations in
subsection (b)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(other than for
training)'' and inserting ``under section 12301(a) of
this title''; and
(B) in paragraph (2), by striking ``no other
member'' and all that follows through ``without his
consent'' and inserting ``notwithstanding section
12301(a) of this title, no other member in the Standby
Reserve may be ordered to active duty as an individual
under such section without his consent''.
SEC. 522. EXCEPTION TO MANDATORY RETENTION OF RESERVES ON ACTIVE DUTY
TO QUALIFY FOR RETIREMENT PAY.
Section 12686(a) of title 10, United States Code, is amended by
inserting ``(other than retired pay for non-regular service under
chapter 1223 of this title)'' after ``a purely military retirement
system''.
Subtitle D--Education and Training
SEC. 531. ONE-YEAR EXTENSION OF ARMY COLLEGE FIRST PILOT PROGRAM.
Section 573(h) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 10 U.S.C. 513 note), is amended by
striking ``September 30, 2004'' and inserting ``December 31, 2005''.
SEC. 532. MILITARY RECRUITER EQUAL ACCESS TO CAMPUS.
Subsection (b)(1) of section 983 of title 10, United States Code,
is amended--
(1) by striking ``entry to campuses'' and inserting
``access to campuses''; and
(2) by inserting before the semicolon at the end the
following: ``in a manner that is at least equal in quality and
scope to the degree of access to campuses and to students that
is provided to any other employer''.
SEC. 533. EXCLUSION FROM DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS TO
CAMPUS OF AMOUNTS TO COVER INDIVIDUAL COSTS OF ATTENDANCE
AT INSTITUTIONS OF HIGHER EDUCATION.
(a) Codification and Extension of Exclusion.--Subsection (d) of
section 983 of title 10, United States Code, is amended--
(1) by striking ``The'' after ``(1)'' and inserting
``Except as provided in paragraph (3), the''; and
(2) by adding at the end the following new paragraph:
``(3) Any Federal funding specified in paragraph (1) that is
provided to an institution of higher education, or to an individual, to
be available solely for student financial assistance, related
administrative costs, or costs associated with attendance, may be used
for the purpose for which the funding is provided.''.
(b) Conforming Amendments.--Subsections (a) and (b) of such section
are amended by striking ``(including a grant of funds to be available
for student aid)''.
(c) Conforming Repeal of Codified Provision.--Section 8120 of the
Department of Defense Appropriations Act, 2000 (Public Law 106-79; 10
U.S.C. 983 note), is repealed.
SEC. 534. TRANSFER OF AUTHORITY TO CONFER DEGREES UPON GRADUATES OF THE
COMMUNITY COLLEGE OF THE AIR FORCE.
(a) Authority of Air University Commander.--Subsection (a) of
section 9317 of title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) an associate level degree upon graduates of the
Community College of the Air Force who fulfill the requirements
for that degree.''.
(b) Termination of Existing Authority.--(1) Paragraph (1) of
section 9315(c) of such title is amended by striking ``the commander''
and all that follows through ``at the level of associate'' and
inserting ``an academic degree at the level of associate may be
conferred under section 9317 of this title''.
(2) Paragraph (2) of such section is amended by striking ``Air
Education and Training Command of the Air Force'' and inserting ``Air
University''.
(c) Conforming and Clerical Amendments.--(1) The heading of section
9317 of title 10, United States Code, is amended by striking
``graduate-level degrees'' and inserting ``conferral of degrees''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 901 of such title is amended to read as
follows:
``9317. Air University: conferral of degrees.''.
SEC. 535. REPEAL OF REQUIREMENT FOR OFFICER TO RETIRE UPON TERMINATION
OF SERVICE AS SUPERINTENDENT OF THE AIR FORCE ACADEMY.
(a) Repeals.--Sections 8921 and 9333a of title 10, United States
Code, are repealed.
(b) Clerical Amendments.--Subtitle D of title 10, United States
Code, is amended--
(1) in the table of sections at the beginning of chapter
867, by striking the item relating to section 8921; and
(2) in the table of sections at the beginning of chapter
903, by striking the item relating to section 9333a.
Subtitle E--Decorations, Awards, and Commendations
SEC. 541. AWARD OF MEDAL OF HONOR TO INDIVIDUAL INTERRED IN THE TOMB OF
THE UNKNOWNS AS REPRESENTATIVE OF CASUALTIES OF A WAR.
(a) Award to Individual as Representative.--Chapter 57 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 1134. Medal of honor: award to individual interred in Tomb of
the Unknowns as representative of casualties of a war
``The medal of honor awarded posthumously to a deceased member of
the armed forces who, as an unidentified casualty of a particular war
or other armed conflict, is interred in the Tomb of the Unknowns at
Arlington National Cemetery, Virginia, is awarded to the member as the
representative of the members of the armed forces who died in such war
or other armed conflict and whose remains have not been identified, and
not to the individual personally.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1134. Medal of honor: award to individual interred in Tomb of the
Unknowns as representative of casualties of
a war.''.
SEC. 542. SEPARATE CAMPAIGN MEDALS FOR OPERATION ENDURING FREEDOM AND
FOR OPERATION IRAQI FREEDOM.
(a) Requirement.--The President shall establish a campaign medal
specifically to recognize service by members of the uniformed services
in Operation Enduring Freedom and a separate campaign medal
specifically to recognize service by members of the uniformed services
in Operation Iraqi Freedom.
(b) Eligibility.--Subject to such limitations as may be prescribed
by the President, eligibility for a campaign medal established pursuant
to subsection (a) shall be set forth in regulations to be prescribed by
the Secretary concerned (as defined in section 101 of title 10, United
States Code). In the case of regulations prescribed by the Secretaries
of the military departments, the regulations shall be subject to
approval by the Secretary of Defense and shall be uniform throughout
the Department of Defense.
SEC. 543. PLAN FOR REVISED CRITERIA AND ELIGIBILITY REQUIREMENTS FOR
AWARD OF COMBAT INFANTRYMAN BADGE AND COMBAT MEDICAL
BADGE FOR SERVICE IN KOREA AFTER JULY 28, 1953.
(a) Requirement for Plan.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Army shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a plan for revising the Army's criteria and eligibility
requirements for award of the Combat Infantryman Badge and the Combat
Medical Badge for service in the Republic of Korea after July 28, 1953,
to fulfill the purpose stated in subsection (b).
(b) Purpose of Revised Criteria and Eligibility Requirements.--The
purpose for revising the criteria and eligibility requirements for
award of the Combat Infantryman Badge and the Combat Medical Badge for
service in the Republic of Korea after July 28, 1953, is to ensure
fairness in the standards applied to Army personnel in the awarding of
such badges for Army service in the Republic of Korea in comparison to
the standards applied to Army personnel in the awarding of such badges
for Army service in other areas of operations.
Subtitle F--Military Justice
SEC. 551. REDUCED BLOOD ALCOHOL CONTENT LIMIT FOR OFFENSE OF DRUNKEN
OPERATION OF A VEHICLE, AIRCRAFT, OR VESSEL.
Section 911(b)(3) of title 10, United States Code (article
111(b)(3) of the Uniform Code of Military Justice), is amended by
striking ``0.10 grams'' in both places it appears and inserting ``0.08
grams''.
SEC. 552. WAIVER OF RECOUPMENT OF TIME LOST FOR CONFINEMENT IN
CONNECTION WITH A TRIAL.
Section 972 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Waiver of Recoupment of Time Lost for Confinement.--The
Secretary concerned shall waive liability for a period of confinement
in connection with a trial under subsection (a)(3), or exclusion of a
period of confinement in connection with a trial under subsection
(b)(3), in a case upon the occurrence of any of the following events:
``(1) For each charge--
``(A) the charge is dismissed before or during
trial in a final disposition of the charge; or
``(B) the trial results in an acquittal of the
charge.
``(2) For each charge resulting in a conviction in such
trial--
``(A) the conviction is set aside in a final
disposition of such charge, other than in a grant of
clemency; or
``(B) a judgment of acquittal or a dismissal is
entered upon a reversal of the conviction on appeal.''.
SEC. 553. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON PREVENTION AND
RESPONSE TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE
ARMED FORCES.
(a) Comprehensive Policy on Prevention and Response to Sexual
Assaults.--(1) Not later than January 1, 2005, the Secretary of Defense
shall develop a comprehensive policy for the Department of Defense on
the prevention of and response to sexual assaults involving members of
the Armed Forces.
(2) The policy shall be based on the recommendations of the
Department of Defense Task Force on Care for Victims of Sexual Assaults
and on such other matters as the Secretary considers appropriate.
(b) Elements of Comprehensive Policy.--The policy developed under
subsection (a) shall address the following matters:
(1) Prevention measures.
(2) Education and training on prevention and response.
(3) Investigation of complaints by command and law
enforcement personnel.
(4) Medical treatment of victims.
(5) Confidential reporting of incidents.
(6) Victim advocacy and intervention.
(7) Oversight by commanders of administrative and
disciplinary actions in response to substantiated incidents of
sexual assault.
(8) Disposition of victims of sexual assault, including
review by appropriate authority of administrative separation
actions involving victims of sexual assault.
(9) Disposition of members of the Armed Forces accused of
sexual assault.
(10) Liaison and collaboration with civilian agencies on
the provision of services to victims of sexual assault.
(11) Uniform collection of data on the incidence of sexual
assaults and on disciplinary actions taken in substantiated
cases of sexual assault.
(c) Report on Improvement of Capability To Respond to Sexual
Assaults.--Not later than March 1, 2005, the Secretary of Defense shall
submit to Congress a proposal for such legislation as the Secretary
considers necessary to enhance the capability of the Department of
Defense to address matters relating to sexual assaults involving
members of the Armed Forces.
(d) Application of Comprehensive Policy To Military Departments.--
The Secretary shall ensure that, to the maximum extent practicable, the
policy developed under subsection (a) is implemented uniformly by the
military departments.
(e) Policies and Procedures of Military Departments.--(1) Not later
than March 1, 2005, the Secretaries of the military departments shall
prescribe regulations, or modify current regulations, on the policies
and procedures of the military departments on the prevention of and
response to sexual assaults involving members of the Armed Forces in
order--
(A) to conform such policies and procedures to the policy
developed under subsection (a); and
(B) to ensure that such policies and procedures include the
elements specified in paragraph (2).
(2) The elements specified in this paragraph are as follows:
(A) A program to promote awareness of the incidence of
sexual assaults involving members of the Armed Forces.
(B) A program to provide victim advocacy and intervention
for members of the Armed Force concerned who are victims of
sexual assault, which program shall make available, at home
stations and in deployed locations, trained advocates who are
readily available to intervene on behalf of such victims.
(C) Procedures for members of the Armed Force concerned to
follow in the case of an incident of sexual assault involving a
member of such Armed Force, including--
(i) specification of the person or persons to whom
the alleged offense should be reported;
(ii) specification of any other person whom the
victim should contact;
(iii) procedures for the preservation of evidence;
and
(iv) procedures for confidential reporting and for
contacting victim advocates.
(D) Procedures for disciplinary action in cases of sexual
assault by members of the Armed Force concerned.
(E) Other sanctions authorized to be imposed in
substantiated cases of sexual assault, whether forcible or
nonforcible, by members of the Armed Force concerned.
(F) Training on the policies and procedures for all members
of the Armed Force concerned, including specific training for
members of the Armed Force concerned who process allegations of
sexual assault against members of such Armed Force.
(G) Any other matters that the Secretary of Defense
considers appropriate.
(f) Annual Assessment of Policies and Procedures.--Not later than
January 15, 2006, and each year thereafter, each Secretary of a
military department shall conduct an assessment of the implementation
during the preceding fiscal year of the policies and procedures of such
department on the prevention of and response to sexual assaults
involving members of the Armed Forces in order to determine the
effectiveness of such policies and procedures during such fiscal year
in providing an appropriate response to such sexual assaults.
(g) Annual Reports.--(1) Not later than April 1, 2005, and January
15 of each year thereafter, each Secretary of a military department
shall submit to the Secretary of Defense a report on the sexual
assaults involving members of the Armed Force concerned during the
preceding year.
(2) Each report on an Armed Force under paragraph (1) shall contain
the following:
(A) The number of sexual assaults against members of the
Armed Force, and the number of sexual assaults by members of
the Armed Force, that were reported to military officials
during the year covered by such report, and the number of the
cases so reported cases that were substantiated.
(B) A synopsis of and the disciplinary action taken in each
substantiated case.
(C) The policies, procedures, and processes implemented by
the Secretary concerned during the year covered by such report
in response to incidents of sexual assault involving members of
the Armed Force concerned.
(D) A plan for the actions that are to be taken in the year
following the year covered by such report on the prevention of
and response to sexual assault involving members of the Armed
Forces concerned.
(3) Each report under paragraph (1) in 2006, 2007, and 2008 shall
also include the assessment conducted by the Secretary concerned under
subsection (f).
(4) The Secretary of Defense shall transmit to the Committees on
Armed Services of the Senate and the House of Representatives each
report submitted to the Secretary under this subsection, together with
the comments of the Secretary on each such report. The Secretary shall
transmit the report on 2004 not later than May 1, 2005, and shall
transmit the report on any year after 2004 not later than March 15 of
the year following such year.
(h) Sexual Assault Defined.--In this section, the term ``sexual
assault'' includes rape, acquaintance rape, sexual assault, and other
criminal sexual offenses.
Subtitle G--Scope of Duties of Ready Reserve Personnel in Inactive Duty
Status
SEC. 561. REDESIGNATION OF INACTIVE-DUTY TRAINING TO ENCOMPASS
OPERATIONAL AND OTHER DUTIES PERFORMED BY RESERVES WHILE
IN INACTIVE DUTY STATUS.
(a) Redesignation of Duty Status.--(1) The duty status applicable
to members of the reserve components of the Armed Forces that is known
as ``inactive-duty training'' is redesignated as ``inactive duty''.
(2) Any reference that is made in any law, regulation, document,
paper, or other record of the United States to inactive-duty training,
as such term applies to members of the reserve components of the Armed
Forces, shall be deemed to be a reference to inactive duty.
(b) Title 10 Conforming and Clerical Amendments.--(1) The following
provisions of title 10, United States Code, are amended by striking
``inactive-duty training'' each place it appears and inserting
``inactive duty'': sections 101(d)(7), 802(a)(3), 802(d)(2)(B),
802(d)(5)(B), 803(d), 936(a), 936(b), 976(a)(1)(C), 1061(b), 1074a(a),
1076(a)(2)(B), 1076(a)(2)(C), 1204(2), 1448(f)(1)(B), 1476(a)(1)(B),
1476(a)(2)(A), 1481(a)(2), 9446(a)(3), 12602(a)(3), 12602(b)(3), and
18505(a).
(2) The following provisions of such title are amended by striking
``inactive duty training'' each place it appears and inserting
``inactive duty'': sections 1086(c)(2)(B), 1175(e)(2), 1475(a)(2),
1475(a)(3), 2031(d)(2), and 10204(b).
(3) Section 1206(2) of such title is amended by striking ``in line
of duty--'' and all that follows through ``residence; or'' and
inserting the following: ``in line of duty while--
``(A) performing active duty or inactive duty;
``(B) traveling directly to or from the place at
which such duty is performed; or
``(C) remaining overnight immediately before the
commencement of inactive duty, or while remaining
overnight between successive periods of inactive-duty
training, at or in the vicinity of the site of the
inactive duty, if the site is outside reasonable
commuting distance of the member's residence;''.
(4) Section 1471(b)(3)(A) of such title is amended by striking
``for training'' in clauses (ii) and (iii).
(5) Section 1478(a) of such title is amended--
(A) in paragraph (3)--
(i) by striking ``from inactive duty training'' and
inserting ``from the location of inactive duty''; and
(ii) by striking ``on inactive duty training'' and
inserting ``on inactive duty'';
(B) in paragraph (7)--
(i) by striking ``inactive duty training'' and
inserting ``inactive duty''; and
(ii) by striking ``or training''; and
(C) in paragraph (8), by striking ``inactive duty
training'' both places it appears and inserting ``inactive
duty''.
(6) Section 12317 of such title is amended by striking ``, or to
participate in inactive duty training,'' and inserting ``inactive
duty''.
(7) Section 12319(c) of such title is amended--
(A) by striking ``inactive-duty training'' both places it
appears and inserting ``inactive duty''; and
(B) by striking ``that training)'' and inserting ``that
duty)''.
(8) Section 12603(a) of such title is amended--
(A) by striking ``inactive duty training'' and inserting
``inactive duty''; and
(B) by striking ``the training'' and inserting ``such
duty''.
(9) Section 12604(a) of such title is amended by striking ``to
inactive-duty training'' and inserting ``to perform inactive duty''.
(10)(A) The headings for sections 1204, 1206, 12603, and 18505 of
such title are amended by striking ``inactive-duty training'' and
inserting ``inactive duty''.
(B) The heading for section 1475 of such title is amended by
striking ``training''.
(C) The heading for section 1476 of such title is amended by
striking ``or training''.
(D) The heading for section 12604 of such title is amended by
striking ``attending inactive-duty training'' and inserting
``performing inactive duty''.
(11)(A) The table of sections at the beginning of chapter 61 of
such title is amended--
(i) by striking the item relating to section 1204 and
inserting the following:
``1204. Members on active duty for 30 days or less or on inactive duty:
retirement.'';
and
(ii) by striking the item relating to section 1206 and
inserting the following:
``1206. Members on active duty for 30 days or less or on inactive duty:
separation.''.
(B) The table of sections at the beginning of subchapter II of
chapter 75 of such title is amended by striking the items relating to
sections 1475 and 1476 and inserting the following:
``1475. Death gratuity: death of members on active duty or inactive
duty and of certain other persons.
``1476. Death gratuity: death after discharge or release from duty.''.
(C) The table of sections at the beginning of chapter 1217 of such
title is amended by striking the items relating to sections 12603 and
12604 and inserting the following:
``12603. Attendance of inactive duty assemblies: commercial travel at
Federal supply schedule rates.
``12604. Billeting in Department of Defense facilities: Reserves
performing inactive duty.''.
(D) The item relating to section 18505 in the table of sections at
the beginning of chapter 1805 of such title is amended to read as
follows:
``18505. Reserves traveling for inactive duty: space-required travel on
military aircraft.''.
(c) Title 14 Conforming Amendment.--Sections 704 and 705(a) of
title 14, United States Code, are amended by striking ``inactive-duty
training'' and inserting ``inactive duty''.
(d) Title 37 Conforming and Clerical Amendments.--(1) Sections
101(22), 205(e)(2)(A), and 433(d) of title 37, United States Code, are
amended by striking ``inactive-duty training'' each place it appears
and inserting ``inactive duty''.
(2) Section 204 of such title is amended--
(A) in subsection (g)(1)--
(i) in subparagraphs (B) and (D), by striking
``inactive-duty training'' each place it appears and
inserting ``inactive duty'' and
(ii) in subparagraph (C), by striking ``or
training''; and
(B) in subsection (h)(1)--
(i) in subparagraphs (B) and (D), by striking
``inactive-duty training'' each place it appears and
inserting ``inactive duty''; and
(ii) in subparagraph (C), by striking ``or
training''; and
(3) Section 206 of such title is amended--
(A) in subsection (a)(3)--
(i) by striking clause (ii) of subparagraph (A) and
inserting the following:
``(ii) inactive duty;'';
(ii) in subparagraph (B), by striking ``or
training''; and
(iii) in subparagraph (C), by striking ``inactive-
duty training'' each place it appears and inserting
``inactive duty''; and
(B) in subsection (b)(1), by inserting ``or duty'' after
``kind of training''.
(4) Section 308d(a) of such title is amended by striking ``for
training''.
(5) Section 415 of such title is amended--
(A) in subsection (a)(3), by striking ``inactive-duty
training'' and inserting ``inactive duty''; and
(B) in subsection (c)(1), by striking ``on inactive duty
training status'' and inserting ``inactive duty''.
(6) Section 552 of such title is amended--
(A) in subsection (a)--
(i) by striking ``performing inactive-duty
training,'' in the matter preceding paragraph (1), and
inserting ``inactive duty,''; and
(ii) by striking ``or inactive-duty training'' in
the second sentence and inserting ``or inactive duty'';
and
(B) in subsection (d), by striking ``inactive-duty
training'' and inserting ``on inactive duty''.
(7)(A) The heading for section 206 of such title is amended by
striking ``inactive-duty training'' and inserting ``inactive duty''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 3 of such title is amended to read as follows:
``206. Reserves; members of National Guard: inactive duty.''.
(8) The heading for subsection (c) of section 305b of such title is
amended by striking ``Duty
Training.--'' and inserting ``Duty.--''.
(9) The heading for subsection (e) of section 320 of such title is
amended by striking ``Duty
Training.--'' and inserting ``Duty.--''.
(e) Public Law 108-136.--Section 644(c) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1518) is amended by striking ``inactive-duty training'' and inserting
``inactive duty''.
SEC. 562. REPEAL OF UNNECESSARY DUTY STATUS DISTINCTION FOR FUNERAL
HONORS DUTY.
(a) Title 10 Duty.--(1) Section 12503 of title 10, United States
Code, is repealed.
(2) Section 12552 of such title is repealed.
(b) Title 32 Duty.--(1) Section 115 of title 32, United States
Code, is repealed.
(2) Section 114 of such title is amended by striking the second
sentence.
(c) Title 10 Conforming and Clerical Amendments.--Title 10, United
States Code, is amended as follows:
(1) Section 1074a(a) is amended--
(A) in paragraph (1)--
(i) by inserting ``or'' at the end of
subparagraph (A);
(ii) by striking ``; or'' at the end of
subparagraph (B) and inserting a period; and
(iii) by striking subparagraph (C);
(B) in paragraph (2)--
(i) by inserting ``or'' at the end of
subparagraph (A);
(ii) by striking ``; or'' at the end of
subparagraph (B) and inserting a period; and
(iii) by striking subparagraph (C); and
(C) by striking paragraph (4).
(2) Section 1076(a)(2) is amended by striking subparagraph
(E).
(3) Section 1204(2) is amended--
(A) by inserting ``or'' at the end of subparagraph
(A)(iii);
(B) by striking ``or'' at the end of subparagraph
(B)(iii) and inserting a period; and
(C) by striking subparagraph (C).
(4) Section 1206(2) is amended by striking ``(B) while the
member--'' and all that follows through ``immediately before so
serving;''.
(5) Section 1481(a)(2) is amended--
(A) by inserting ``or'' at the end of subparagraph
(D);
(B) by striking ``; or'' at the end of subparagraph
(E) and inserting a period; and
(C) by striking subparagraph (F).
(6) Section 12732(a)(2)(E) is amended by inserting ``(as
such section 12503 or 115, respectively, was in effect before
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2005)'' after ``section 115 of title 32''.
(7)(A) The table of sections at the beginning of chapter
1213 is amended by striking the item relating to section 12503.
(B) The table of sections at the beginning of chapter 1215
is amended by striking the item relating to 12552.
(c) Title 32 Clerical Amendment.--The table of sections at the
beginning of chapter 1 of title 32, United States Code, is amended by
striking the item relating to section 115.
(d) Title 37 Conforming Amendments.--Section 204 of title 37,
United States Code, is amended--
(1) in subsection (g)(1)--
(A) by inserting ``or'' at the end of subparagraph
(C);
(B) by striking ``; or'' at the end of subparagraph
(D) and inserting a period; and
(C) by striking subparagraph (E); and
(2) in subsection (h)(1)--
(A) by inserting ``or'' at the end of subparagraph
(C);
(B) by striking ``; or'' at the end of subparagraph
(D) and inserting a period; and
(C) by striking subparagraph (E).
SEC. 563. CONFORMING AMENDMENTS TO OTHER LAWS REFERRING TO INACTIVE-
DUTY TRAINING.
(a) Title 5.--Section 6323(a)(1) of title 5, United States Code, is
amended by striking ``inactive-duty training'' and inserting ``inactive
duty''.
(b) Title 38.--(1) The following provisions of title 38, United
States Code, are amended by striking ``inactive duty training'' each
place it appears and inserting ``inactive duty'': sections 106(d)(1),
1112(c)(3)(A)(ii), 1302(b)(2), 1312(a)(2)(A), 1965(3), 1965(4),
1965(5), 1967(a)(1)(B), 1967(b), 1969(a)(3), 1977(e), 2402(2),
4303(13), and 4303(16).
(2) Section 1968 of such title is amended--
(A) by striking ``inactive duty training'' and inserting
``inactive duty''--
(i) in subsection (a), in the matter preceding
paragraph (1);
(ii) in subsection (a)(3); and
(iii) in subsection (b)(2); and
(B) in subsection (a)(3)--
(i) by striking ``such scheduled training period''
and inserting ``such period of scheduled duty'';
(ii) by striking ``the date of such training'' and
inserting ``the date on which such duty period ends'';
and
(iii) by striking ``such training terminated'' and
inserting ``on which such duty period ends''.
SEC. 564. CONFORMING AMENDMENTS TO OTHER LAWS REFERRING TO FUNERAL
HONORS DUTY.
(a) Title 5.--Section 6323(a)(1) of title 5, United States Code, is
amended by striking ``funeral honors duty (as described in section
12503 of title 10 and section 115 of title 32),''.
(b) Title 38.--Section 4303(13) of title 38, United States Code, is
amended--
(1) by inserting ``and'' after ``full-time National Guard
duty,''; and
(2) by striking ``, and a period for which a person is
absent from employment for the purpose of performing funeral
honors duty as authorized by section 12503 of title 10 or
section 115 of title 32.''.
Subtitle H--Other Matters
SEC. 571. ACCESSION OF PERSONS WITH SPECIALIZED SKILLS.
(a) Initial Service Obligation.--Subsection (a) of section 651 of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``deferred under the next to the last
sentence of section 6(d)(1) of the Military Selective Service
Act (50 U.S.C. App. 456(d)(1))'' and inserting ``described in
paragraph (3)''; and
(3) by adding at the end the following new paragraphs:
``(2) The Secretary concerned may--
``(A) waive the applicability of paragraph (1) to a person
who, as determined by the Secretary concerned, is accessed into
an armed force under the jurisdiction of that Secretary based
on unique skills acquired in a civilian occupation and is to
serve in that armed force in a specialty requiring those
skills; and
``(B) require any alternative period of obligated service
that the Secretary considers appropriate to meet the needs of
the armed force that such person is entering.
``(3) The requirement under paragraph (1) does not apply to a
person who is deferred under the next to the last sentence of section
6(d)(1) of the Military Selective Service Act (50 U.S.C. App.
456(d)(1)).
(b) Basic Training Period.--Subsection (c) of section 671 of such
title is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking ``(c)(1)'' and all that follows through
``Any such period'' in the second sentence of paragraph (1) and
inserting the following:
``(c)(1) A period of basic training (or equivalent training)
shorter than 12 weeks may be established by the Secretary concerned for
members of the armed forces who, as determined by the Secretary under
regulations prescribed under paragraph (3)--
``(A) have been credentialed in a medical profession or
occupation and are serving in a health-care occupational
specialty; or
``(B) have unique skills acquired in a civilian occupation
and are to serve in a military specialty or position requiring
those skills.
``(2) Any period of basic training under paragraph (1)''.
SEC. 572. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE MILITARY VOTERS LOCATED
IN THE UNITED STATES.
(a) Duties of Presidential Designee.--Section 101(b)(3) of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff(b)(3)) is amended by striking ``overseas voters'' and inserting
``absent uniformed services voters and overseas voters''.
(b) Federal Write-In Absentee Ballot.--Section 103 of such Act (42
U.S.C. 1973ff-2) is amended--
(1) in subsection (a), by striking ``overseas voters'' and
inserting ``absent uniformed services voters and overseas
voters'';
(2) in subsection (b), by striking the second sentence and
inserting the following new sentence: ``A Federal write-in
absentee ballot of an absent uniformed services voter or
overseas voter shall not be counted--
``(1) if the application of the absent uniformed services
voter or overseas voter for a State absentee ballot is received
by the appropriate State election official after the later of--
``(A) the deadline of the State for receipt of such
application; or
``(B) the date that is 30 days before the general
election; or
``(2) if a State absentee ballot of the absent uniformed
services voter or overseas voter is received by the appropriate
State election official not later than the deadline for receipt
of the State absentee ballot under State law.'';
(3) in subsection (c)(1), by striking ``overseas voter''
and inserting ``absent uniformed services voter or overseas
voter'';
(4) in subsection (d), by striking ``overseas voter'' both
places it appears and inserting ``absent uniformed services
voter or overseas voter''; and
(5) in subsection (e)(2), by striking ``overseas voters''
and inserting ``absent uniformed services voters and overseas
voters''.
(c) Conforming Amendments.--(1) The heading of section 103 of such
Act is amended to read as follows:
``SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT IN GENERAL ELECTIONS FOR
FEDERAL OFFICE FOR ABSENT UNIFORMED SERVICES VOTERS AND
OVERSEAS VOTERS.''.
(2) The subsection caption for subsection (d) of such section is
amended by striking ``Overseas Voter'' and inserting ``Absent Uniformed
Services Voter or Overseas Voter''.
SEC. 573. RENAMING OF NATIONAL GUARD CHALLENGE PROGRAM AND INCREASE IN
MAXIMUM FEDERAL SHARE OF COST OF STATE PROGRAMS UNDER THE
PROGRAM.
(a) Renaming.--The text of section 509 of title 32, United States
Code, is amended by striking ``National Guard Challenge Program'' each
place it appears and inserting ``National Guard Youth Challenge
Program''.
(b) Increase in Maximum Federal Share of Cost of State Programs.--
Subsection (d) of such section is amended by striking paragraphs (1),
(2), (3), and (4), and inserting the following new paragraphs:
``(1) for fiscal year 2004, 60 percent of the costs of
operating the State program during that year;
``(2) for fiscal year 2005, 65 percent of the costs of
operating the State program during that year;
``(3) for fiscal year 2006, 70 percent of the costs of
operating the State program during that year; and
``(4) for fiscal year 2007 and each subsequent fiscal year,
75 percent of the costs of operating the State program during
such year.''.
(c) Conforming and Clerical Amendments.--(1) The heading of such
section is amended to read as follows:
``Sec. 509. National Guard Youth Challenge Program of opportunities for
civilian youth''.
(2) The table of sections at the beginning of chapter 5 of such
title is amended by striking the item relating to section 509 and
inserting the following new item:
``509. National Guard Youth Challenge Program of opportunities for
civilian youth.''.
SEC. 574. APPEARANCE OF VETERANS SERVICE ORGANIZATIONS AT PRESEPARATION
COUNSELING PROVIDED BY THE DEPARTMENT OF DEFENSE.
(a) Appearance to Counseling for Discharge or Release From Active
Duty.--Section 1142 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Appearance by Veterans Service Organizations.--(1) The
Secretary concerned may permit a representative of a veterans service
organization to appear at and participate in any preseparation
counseling provided to a member of the armed forces under this section.
``(2) For purposes of this subsection, a veterans service
organization is any organization recognized by the Secretary of
Veterans Affairs for the representation of veterans under section 5902
of title 38.''.
(b) Meeting With Reserves Released From Active Duty for Further
Service in the Reserves.--(1) A unit of a reserve component on active
duty in the Armed Forces may, upon release from active duty in the
Armed Forces for further service in the reserve components, meet with a
veterans service organization for information and assistance relating
to such release if the commander of the unit authorizes the meeting.
(2) The time of a meeting for a unit under paragraph (1) may be
scheduled by the commander of the unit for such time after the release
of the unit as described in that paragraph as the commander of the unit
determines appropriate to maximize the benefit of the meeting to the
members of the unit.
(3) For purposes of this subsection, a veterans service
organization is any organization recognized by the Secretary of
Veterans Affairs for the representation of veterans under section 5902
of title 38, United States Code.
SEC. 575. SENSE OF THE SENATE REGARDING RETURN OF MEMBERS TO ACTIVE
DUTY SERVICE UPON REHABILITATION FROM SERVICE-RELATED
INJURIES.
(a) Findings.--Congress makes the following findings:
(1) The generation of young men and women currently serving
on active duty in the Armed Forces, which history will record
as being among the greatest, has shown in remarkable numbers an
individual resolve to recover from injuries incurred in such
service and to return to active service in the Armed Forces.
(2) Since September 11, 2001, numerous brave soldiers,
sailors, airmen, and Marines have incurred serious combat
injuries, including (as of June 2004) approximately 100 members
of the Armed Forces who have been fitted with artificial limbs
as a result of devastating injuries sustained in combat
overseas.
(3) In cases involving combat-related injuries and other
service-related injuries it is possible, as a result of
advances in technology and extensive rehabilitative services,
to restore to members of the Armed Forces sustaining such
injuries the capability to resume the performance of active
military service, including, in a few cases, the capability to
participate directly in the performance of combat missions.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) members of the Armed Forces who on their own initiative
are highly motivated to return to active duty service following
rehabilitation from injuries incurred in their service in the
Armed Forces, after appropriate medical review should be given
the opportunity to present their cases for continuing to serve
on active duty in varied military capacities;
(2) other than appropriate medical review, there should be
no barrier in policy or law to such a member having the option
to return to military service on active duty; and
(3) the Secretary of Defense should develop specific
protocols that expand options for such members to return to
active duty service and to be retrained to perform military
missions for which they are fully capable.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE DURING SHORT-
ASSIGNMENT PERMANENT CHANGES OF STATION FOR EDUCATION OR
TRAINING.
(a) Authority.--Paragraph (3) of subsection (d) of section 403 of
title 37, United States Code, is amended by adding at the end the
following new subparagraph:
``(C) In the case of a member who is reassigned for a
permanent change of station or permanent change of assignment
from a duty station within the continental United States to
another duty station within the continental United States for a
period of not more than one year for the purpose of
participating in professional military education or training
classes, the amount of the basic allowance for housing for the
member may be based on whichever of the following areas the
Secretary concerned determines to provide the more equitable
basis for the allowance:
``(i) The area of the duty station to which the
member is reassigned.
``(ii) The area of the member's last duty station,
but only if, and for the period that, the member's
dependents reside in that area on and after the date of
the member's departure for the duty station to which
the member is reassigned.''.
(b) Conforming Amendment.--The heading of such subsection is
amended by striking ``Are Unable To'' and inserting ``Do Not''.
SEC. 602. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL NONRECURRING
EXPENSES INCURRED FOR DUTY OUTSIDE THE CONTINENTAL UNITED
STATES.
Section 405 of title 37, United States Code, is amended by adding
at the end the following new subsection:
``(d) Nonrecurring Expenses.--(1) The Secretary concerned may pay a
member of the uniformed services on duty as described in subsection (a)
a reimbursement for a nonrecurring expense incurred by the member
incident to such duty that--
``(A) is directly related to the conditions or location of
the duty;
``(B) is of a nature or a magnitude not normally incurred
by members of the uniformed services on duty inside the
continental United States; and
``(C) is not included in the per diem determined under
subsection (b) as payable to the member under subsection (a).
``(2) Any reimbursement payable to a member under paragraph (1) is
in addition to a per diem payable to that member under subsection
(a).''.
SEC. 603. PERMANENT INCREASE IN AUTHORIZED AMOUNT OF FAMILY SEPARATION
ALLOWANCE.
(a) Permanent Amount.--Subsection (a)(1) of section 427 of title
37, United States Code, is amended by striking ``$100'' and inserting
``$250''.
(b) Repeal of Temporary Authority.--Subsection (e) of such section
is repealed.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the earlier of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) January 1, 2005.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title
37, United States Code, is amended by striking ``December 31, 2004''
and inserting ``December 31, 2005''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(c) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2004'' and inserting ``December 31, 2005''.
(d) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(e) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(f) Prior Service Enlistment Bonus.--Section 308i(f) of such title
is amended by striking ``December 31, 2004'' and inserting ``December
31, 2005''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``January 1, 2005'' and inserting ``January 1,
2006''.
(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2004''
and inserting ``December 31, 2005''.
(e) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section 302g(f) of such title is
amended by striking ``December 31, 2004'' and inserting ``December 31,
2005''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking ``December 31, 2004'' and inserting ``December 31,
2005''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2004'' and inserting ``December
31, 2005''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(b) Assignment Incentive Pay.--Section 307a(f) of such title is
amended by striking ``December 31, 2005'' and inserting ``December 31,
2006''.
(c) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(d) Enlistment Bonus for Active Members.--Section 309(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(e) Retention Bonus for Members With Critical Military Skills.--
Section 323(i) of such title is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(f) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
SEC. 615. REDUCED SERVICE OBLIGATION FOR NURSES RECEIVING NURSE
ACCESSION BONUS.
(a) Period of Obligated Service.--Section 302d(a)(1) of title 37,
United States Code, is amended by striking ``four years'' and inserting
``three years''.
(b) Effective Date and Applicability.--The amendment made by
subsection (a) shall take effect on October 1, 2004, and shall apply
with respect to agreements entered into under section 302d of title 37,
United States Code, on or after such date.
SEC. 616. ASSIGNMENT INCENTIVE PAY.
(a) Discontinuation Upon Commencement of Terminal Leave.--(1)
Subsection (e) of section 307a of title 37, United States Code, is
amended by striking ``absence of the member for authorized leave.'' and
inserting the following:
``(2) absence of the member for authorized leave, other
than leave authorized for a period ending upon the discharge of
the member or the release of the member from active duty.''.
(2) Such subsection is further amended by striking ``by reason of''
and all that follows through ``pursuant to orders or'' and inserting
``by reason of--
``(1) temporary duty performed by the member pursuant to
orders; or''.
(b) Discretionary Written Agreements.--Subsection (b) of such
section is amended to read as follows:
``(b) Written Agreement.--The Secretary concerned may require a
member to enter into a written agreement with the Secretary in order to
qualify for the incentive pay under this section. A written agreement
under this subsection shall set forth the period for which the
incentive pay is to be provided and the monthly rate at which the
incentive pay is to be paid.''.
(c) Effective Date and Applicability.--(1) The amendments made by
subsection (a) shall take effect on October 1, 2004.
(2) Paragraph (2) of section 307a(e) of title 37, United States
Code, shall apply with respect to authorized leave for days after
September 30, 2004.
SEC. 617. PERMANENT INCREASE IN AUTHORIZED AMOUNT OF HOSTILE FIRE AND
IMMINENT DANGER SPECIAL PAY.
(a) Permanent Amount.--Subsection (a) of section 310 of title 37,
United States Code, is amended by striking ``$150'' in the matter
preceding paragraph (1) and inserting ``$225''.
(b) Repeal of Temporary Authority.--Subsection (e) of such section
is repealed.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the earlier of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) January 1, 2005.
SEC. 618. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY FOR CRITICAL
SKILLS RETENTION BONUS WHILE SERVING ON INDEFINITE
REENLISTMENT.
Paragraph (2) of section 323(a) of title 37, United States Code, is
amended to read as follows:
``(2) in the case of an enlisted member--
``(A) the member, if serving under an enlistment
for a definite period--
``(i) reenlists for a period of at least
one year; or
``(ii) voluntarily extends the member's
enlistment for a period of at least one year;
or
``(B) the member, if serving under an enlistment
for an indefinite period, enters into a written
agreement with the Secretary concerned to remain on
active duty for at least one year under such
enlistment.''.
SEC. 619. CLARIFICATION OF EDUCATIONAL PURSUITS QUALIFYING FOR SELECTED
RESERVE EDUCATION LOAN REPAYMENT PROGRAM FOR HEALTH
PROFESSIONS OFFICERS.
Section 16302(a)(5) of title 10, United States Code, is amended by
striking ``regarding'' and inserting ``for a basic professional
qualifying degree (as determined under regulations prescribed by the
Secretary), or graduate education, in''.
SEC. 620. BONUS FOR CERTAIN INITIAL SERVICE OF COMMISSIONED OFFICERS IN
THE SELECTED RESERVE.
(a) Authority.--Chapter 5 of title 37, United States Code, is
amended by inserting after section 308i the following new section:
``Sec. 308j. Special pay: bonus for certain initial service of
commissioned officers in the Selected Reserve
``(a) Affiliation Bonus.--(1) The Secretary concerned may pay an
affiliation bonus under this section to an eligible commissioned
officer in any of the armed forces who enters into an agreement with
the Secretary to serve, for the period specified in the agreement, in
the Selected Reserve of the Ready Reserve of an armed force under the
Secretary's jurisdiction--
``(A) in a critical officer skill designated under
paragraph (3); or
``(B) to meet a manpower shortage in--
``(i) a unit of that Selected Reserve; or
``(ii) a particular pay grade in that armed force.
``(2) A commissioned officer is eligible for an affiliation bonus
under this section if the officer--
``(A) either--
``(i) is serving on active duty for a period of
more than 30 days; or
``(ii) is a member of a reserve component not on
active duty and, if the member formerly served on
active duty, was released from active duty under
honorable conditions;
``(B) has not previously served in the Selected Reserve of
the Ready Reserve; and
``(C) is not entitled to receive retired or retainer pay.
``(3)(A) The Secretary concerned shall designate for an armed force
under the Secretary's jurisdiction the critical officer skills to which
the bonus authority under this subsection is to be applied.
``(B) A skill may be designated as a critical officer skill for an
armed force under subparagraph (A) if, to meet requirements of that
armed force, it is critical for that armed force to have a sufficient
number of officers who are qualified in that skill.
``(4) An affiliation bonus payable pursuant to an agreement under
this section to an eligible officer accrues on the date on which the
person is assigned to a unit or position in the Selected Reserve
pursuant to such agreement.
``(b) Accession Bonus.--(1) The Secretary concerned may pay an
accession bonus under this section to an eligible person who enters
into an agreement with the Secretary--
``(A) to accept an appointment as a commissioned officer in
the armed forces; and
``(B) to serve in the Selected Reserve of the Ready Reserve
in a skill designated under paragraph (2) for a period
specified in the agreement.
``(2)(A) The Secretary concerned shall designate for an armed force
under the Secretary's jurisdiction the officer skills to which the
authority under this subsection is to be applied.
``(B) A skill may be designated for an armed force under
subparagraph (A) if, to mitigate a current or projected significant
shortage of personnel in that armed force who are qualified in that
skill, it is critical to increase the number of persons accessed into
that armed force who are qualified in that skill or are to be trained
in that skill.
``(3) An accession bonus payable to a person pursuant to an
agreement under this section accrues on the date on which that
agreement is accepted by the Secretary concerned.
``(c) Period of Obligated Service.--An agreement entered into with
the Secretary concerned under this section shall require the person
entering into that agreement to serve in the Selected Reserve for a
specified period. The period specified in the agreement shall be any
period not less than three years that the Secretary concerned
determines appropriate to meet the needs of the reserve component in
which the service is to be performed.
``(d) Amount.--The amount of a bonus under this section may be any
amount not in excess of $6,000 that the Secretary concerned determines
appropriate.
``(e) Payment.--Upon acceptance of a written agreement by the
Secretary concerned under this section, the total amount of the bonus
payable under the agreement becomes fixed. The agreement shall specify
whether the bonus is to be paid in one lump sum or in installments.
``(f) Relation to Other Accession Bonus Authority.--No person may
receive an affiliation bonus or accession bonus under this section and
financial assistance under chapter 1608, 1609, or 1611 of title 10, or
under section 302g of this title, for the same period of service.
``(g) Repayment for Failure To Commence or Complete Obligated
Service.--(1) A person who, after receiving all or part of the bonus
under an agreement entered into by that person under this section, does
not accept a commission as an officer or does not commence to
participate or does not satisfactorily participate in the Selected
Reserve for the total period of service specified in the agreement
shall repay to the United States such compensation or benefit, except
under conditions prescribed by the Secretary concerned.
``(2) The Secretary concerned shall include in each agreement
entered into by the Secretary under this section the requirements that
apply for any repayment under this subsection, including the method for
computing the amount of the repayment and any exceptions.
``(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States. A
discharge in bankruptcy under title 11 that is entered less than five
years after the termination of an agreement entered into under this
section does not discharge a person from a debt arising under an
agreement entered into under this subsection or a debt arising under
paragraph (1).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``308j. Special pay: bonus for certain initial service of commissioned
officers in the Selected Reserve.''.
SEC. 621. RELATIONSHIP BETWEEN ELIGIBILITY TO RECEIVE SUPPLEMENTAL
SUBSISTENCE ALLOWANCE AND ELIGIBILITY TO RECEIVE IMMINENT
DANGER PAY, FAMILY SEPARATION ALLOWANCE, AND CERTAIN
FEDERAL ASSISTANCE.
(a) Entitlement Not Affected by Receipt of Imminent Danger Pay and
Family Separation Allowance.--Subsection (b)(2) of section 402a of
title 37, United States Code, is amended by striking subparagraph (A)
and inserting the following:
``(A) shall not take into consideration--
``(i) the amount of the supplemental subsistence
allowance that is payable under this section;
``(ii) the amount of special pay (if any) that is
payable under section 310 of this section, relating to
duty subject to hostile fire or imminent danger; or
``(iii) the amount of family separation allowance
(if any) that is payable under section 427 of this
title; but''.
(b) Eligibility for Other Federal Assistance.--Section 402a of such
title is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Eligibility for Other Federal Assistance.--(1)(A) A child or
spouse of a member of the armed forces receiving the supplemental
subsistence allowance under this section who, except for the receipt of
such allowance, would otherwise be eligible to receive a benefit
described in subparagraph (B) shall be considered to be eligible for
that benefit.
``(B) The benefits referred to in subparagraph (A) are as follows:
``(i) Assistance provided under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
``(ii) Assistance provided under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.).
``(iii) A service under the Head Start Act (42 U.S.C. 9831
et seq.).
``(iv) Assistance under the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).
``(2) A household that includes a member of the armed forces
receiving the supplemental subsistence allowance under this section
and, except for the receipt of such allowance, would otherwise be
eligible to receive a benefit under the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et seq.) shall be considered to
be eligible for that benefit.''.
(c) Requirement for Report.--(1) Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the committees of Congress named in paragraph (2) a report on
the accessibility of social services to members of the Armed Forces and
their families. The report shall include the following matters:
(A) The social services for which members of the Armed
Forces and their families are eligible under social services
programs generally available to citizens and other nationals of
the United States.
(B) The extent to which members of the Armed Forces and
their families utilize the social services for which they are
eligible under the programs identified under subparagraph (A).
(C) The efforts made by each of the military departments--
(i) to ensure that members of the Armed Forces and
their families are aware of the social services for
which they are eligible under the programs identified
under subparagraph (A); and
(ii) to assist members and their families in
applying for and obtaining such social services.
(2) The committees of Congress referred to in paragraph (1) are as
follows:
(A) The Committee on Armed Services and the Committee on
Health, Education, Labor, and Pensions of the Senate.
(B) The Committee on Armed Services of the House of
Representatives.
(d) Effective Date.--(1) Except as provided in paragraph (2), this
section and the amendments made by this section shall take effect on
October 1, 2004.
(2) Subsection (c) shall take effect on the date of the enactment
of this Act.
Subtitle C--Travel and Transportation Allowances
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO
ATTEND BURIAL CEREMONIES OF MEMBERS WHO DIE ON DUTY.
(a) Authorized Travel Destination.--Subsection (a)(1) of section
411f of title 37, United States Code, is amended by inserting before
the period at the end the following: ``at the location determined under
subsection (a)(8) or (d)(2) of section 1482 of title 10''.
(b) Limitation on Amount.--Subsection (b) of such section is
amended to read as follows:
``(b) Limitation on Amount.--Allowances for travel under subsection
(a) may not exceed the rates for two days and the time necessary for
such travel.''.
(c) Unconditional Eligibility of Deceased's Parents.--Subsection
(c)(1)(C) of such section is amended by striking ``If no person
described in subparagraph (A) or (B) is provided travel and
transportation allowances under subsection (a)(1), the'' and inserting
``The''.
SEC. 632. LODGING COSTS INCURRED IN CONNECTION WITH DEPENDENT STUDENT
TRAVEL.
(a) Authority.--Section 430(b)(1) of title 37, United States Code,
is amended--
(1) by inserting ``(A)'' after ``(b) Allowance
Authorized.--(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) The allowance authorized under subparagraph (A) for an
eligible dependent's travel may include reimbursement for costs that
are incurred by or for the dependent for lodging of the dependent that
is necessitated by an interruption in the travel caused by
extraordinary circumstances prescribed in the regulations under
subsection (a). The amount of a reimbursement payable under this
subparagraph shall be a rate that is applicable to the circumstances
under regulations prescribed by the Secretaries concerned.''.
(b) Effective Date and Applicability.--The amendments made by
subsection (a) shall take effect on October 1, 2004, and shall apply
with respect to lodging that commences on or after such date.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. SPECIAL RULE FOR COMPUTING THE HIGH-36 MONTH AVERAGE FOR
DISABLED MEMBERS OF RESERVE COMPONENTS.
(a) Computation of High 36-Month Average.--Subsection (c) of
section 1407 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(3) Special rule for reserve component members.--In the
application of paragraphs (1) and (2) to a member of a reserve
component of a uniformed service who is entitled to retired pay
under section 1201 or 1202 of this title, each month during
which the member performed duty for which basic pay is paid
under section 203 of title 37 or compensation is paid under
section 206 of such title shall be treated as if it were one
month of active service.''.
(b) Effective Dates and Applicability.--(1) Paragraph (3) of
section 1407(c) of title 10, United States Code (as added by subsection
(a)), shall take effect on October 1, 2004, and shall apply with
respect to months beginning on or after such date, except as provided
in paragraph (2).
(2) For the computation of survivor annuities under subparagraph
(A)(i) or (B) of section 1451(c)(1) of title 10, United States Code (as
amended by section 642(b) of Public Law 107-107; 115 Stat. 1152)),
paragraph (3) of section 1407(c) of title 10, United States Code (as
added by subsection (a)), shall take effect as of September 10, 2001,
and shall apply with respect to deaths of members of the uniformed
services occurring on or after that date.
SEC. 642. DEATH BENEFITS ENHANCEMENT.
(a) Final Actions on Fiscal Year 2004 Death Benefits Study.--(1)
Congress finds that the study of the Federal death benefits for
survivors of deceased members of the Armed Forces under section 647 of
the National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1520) has given Congress sufficient insight to
initiate action to provide for the enhancement of the current set of
death benefits that are provided under law for the survivors.
(2) The Secretary of Defense shall expedite the completion and
submission of the final report, which was due on March 1, 2004, under
section 647 of the National Defense Authorization Act for Fiscal Year
2004.
(3) It is the sense of Congress that the President should promptly
submit to Congress any recommendation for legislation, together with a
request for appropriations, that the President determines necessary to
implement the death benefits enhancements that are recommended in the
final report under section 647 of the National Defense Authorization
Act for Fiscal Year 2004.
(b) Increases of Death Gratuity Consistent With Increases of Rates
of Basic Pay.--Section 1478 of title 10, United States Code, is
amended--
(1) in subsection (a), by inserting ``(as adjusted under
subsection (c)'' before the period at the end of the first
sentence; and
(2) by adding at the end the following new subsection:
``(c) Effective on the date on which rates of basic pay under
section 204 of this title are increased under section 1009 of title 37
or any other provision of law, the amount of the death gratuity
provided under subsection (a) shall be increased by the same overall
average percentage of the increase in the rates of basic pay taking
effect on that date.''.
(c) Fiscal Year 2005 Actions.--At the same time that the President
submits to Congress the budget for fiscal year 2006 under section
1105(a) of title 31, United States Code, the President shall submit to
the appropriate committees of Congress referred to in subsection (g) a
draft or drafts of legislation to provide enhanced death benefits for
survivors of deceased members of the uniformed services. The draft
legislation shall include provisions for the following:
(1) Revision of the Servicemembers' Group Life Insurance
program to provide for--
(A) an increase of the maximum benefit provided
under Servicemembers' Group Life Insurance to $350,000,
together with an increase, each fiscal year, by the
same overall average percentage increase that takes
effect during such fiscal year in the rates of basic
pay under section 204 of title 37, United States Code;
and
(B) a minimum benefit of $100,000 at no cost to the
insured members of the uniformed services who elect the
maximum coverage, together with an increase in such
minimum benefit each fiscal year by the same percentage
increase as is described in subparagraph (A).
(2) An additional set of death benefits for each member of
the uniformed services who dies in the line of duty while on
active duty that includes, at a minimum, an additional death
gratuity in the amount that--
(A) in the case of a member not described in
subparagraph (B), is equal to the sum of--
(i) the total amount of the basic pay to
which the deceased member would have been
entitled under section 204 of title 37, United
States Code, if the member had not died and had
continued to serve on active duty for an
additional year; and
(ii) the total amount of all allowances and
special pays that the member would have been
entitled to receive under title 37, United
States Code, over the one-year period beginning
on the member's date of death if the member had
not died and had continued to serve on active
duty for an additional year with the unit to
which the member was assigned or detailed on
such date; and
(B) in the case of a member who dies as a result of
an injury caused by or incurred while exposed to
hostile action (including any hostile fire or explosion
and any hostile action from a terrorist source), is
equal to twice the amount calculated under subparagraph
(A).
(3) Any other new death benefits or enhancement of existing
death benefits that the President recommends.
(4) Retroactive applicability of the benefits referred to
in paragraph (2) and, as appropriate, the benefits recommended
under paragraph (3) so as to provide the benefits--
(A) for members of the uniformed services who die
in line of duty on or after October 7, 2001, of a cause
incurred or aggravated while deployed in support of
Operation Enduring Freedom; and
(B) for members of the uniformed services who die
in line of duty on or after March 19, 2003, of a cause
incurred or aggravated while deployed in support of
Operation Iraqi Freedom.
(d) Consultation.--The President shall consult with the Secretary
of Defense and the Secretary of Veterans Affairs in developing the
draft legislation required under subsection (c).
(e) Fiscal Year 2006 Budget Submission.--The budget for fiscal year
2006 that is submitted to Congress under section 1105(a) of title 31,
United States Code, shall include draft legislation (other than draft
appropriations) that includes provisions that, on the basis of the
assumption that the draft legislation submitted under subsection (c)
would be enacted and would take effect in fiscal year 2006--
(1) would offset fully the increased outlays that would
result from enactment of the provisions of the draft
legislation submitted under subsection (c), for fiscal year
2006 and each of the ensuing nine fiscal years;
(2) expressly state that they are proposed for the purpose
of the offset described in paragraph (1); and
(3) are included in full in the estimates that are made by
the Director of the Congressional Budget Office and the
Director of the Office of Management and Budget under section
252(d) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 902(d)) with respect to the fiscal years
referred to in paragraph (1).
(f) Early Submission of Proposal for Additional Death Benefits.--
Congress urges the President to submit the draft of legislation for the
additional set of death benefits under paragraph (2) of subsection (c)
before the time for submission required under that subsection and as
soon as is practicable after the date of the enactment of this Act.
(g) Appropriate Committees of Congress.--For the purposes of
subsection (c), the appropriate committees of Congress are as follows:
(1) The Committees on Armed Services of the Senate and the
House of Representatives, with respect to draft legislation
that is within the jurisdiction of such committees.
(2) The Committees on Veterans Affairs of the Senate and
the House of Representatives, with respect to draft legislation
within the jurisdiction of such committees.
SEC. 643. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION FOR VETERANS WITH
SERVICE-CONNECTED DISABILITIES RATED AS 100 PERCENT.
Section 1414 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by inserting after the first sentence the
following new sentence: ``During the period beginning
on January 1, 2004, and ending on December 31, 2004,
payment of retired pay to such a qualified retiree
described in subsection (c)(1)(B) is subject to
subsection (c).''; and
(B) in the last sentence, by inserting ``(other
than a qualified retiree covered by the preceding
sentence)'' after ``such a qualified retiree''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting
``(other than a retiree described by
subparagraph (B))'' after ``the retiree'';
(ii) by redesignating subparagraphs (B)
through (F) as subparagraphs (C) through (G),
respectively; and
(iii) by inserting after subparagraph (A)
the following new subparagraph (B):
``(B) For a month for which the retiree receives
veterans' disability compensation for a disability
rated as 100 percent, $750.'';
(B) by redesignating paragraph (11) as paragraph
(12); and
(C) by inserting after paragraph (10) the following
new paragraph (11):
``(11) Inapplicability to veterans with disabilities rated
as 100 percent after calendar year 2004.--This subsection shall
not apply to a qualified retiree described by paragraph (1)(B)
after calendar year 2004.''.
SEC. 644. FULL SBP SURVIVOR BENEFITS FOR SURVIVING SPOUSES OVER AGE 62.
(a) Phased Increase in Basic Annuity.--
(1) Increase to 55 percent.--Subsection (a)(1)(B)(i) of
section 1451 of title 10, United States Code, is amended by
striking ``35 percent of the base amount.'' and inserting ``the
product of the base amount and the percent applicable for the
month. The percent applicable for a month is 35 percent for
months beginning before October 2005, 40 percent for months
beginning after September 2005 and before October 2008, 45
percent for months beginning after September 2008, and 55
percent for months beginning after September 2014.''.
(2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I)
of such section is amended by striking ``35 percent'' and
inserting ``the percent specified under paragraph (1)(B)(i) as
being applicable for the month''.
(3) Special-eligibility annuity.--Subsection (c)(1)(B)(i)
of such section is amended--
(A) by striking ``35 percent'' and inserting ``the
applicable percent''; and
(B) by adding at the end the following: ``The
percent applicable for a month under the preceding
sentence is the percent specified under subsection
(a)(1)(B)(i) as being applicable for the month.''.
(4) Conforming amendment.--The heading for subsection
(d)(2)(A) of such section is amended to read as follows:
``Computation of Annuity.--''.
(b) Phased Elimination of Supplemental Annuity.--
(1) Decreasing percentages.--Section 1457(b) of title 10,
United States Code, is amended--
(A) by striking ``5, 10, 15, or 20 percent'' and
inserting ``the applicable percent''; and
(B) by inserting after the first sentence the
following: ``The percent used for the computation shall
be an even multiple of 5 percent and, whatever the
percent specified in the election, may not exceed 20
percent for months beginning before October 2005, 15
percent for months beginning after September 2005 and
before October 2008, and 10 percent for months
beginning after September 2008.''.
(2) Repeal of program in 2014.--Effective on October 1,
2014, chapter 73 of such title is amended--
(A) by striking subchapter III; and
(B) by striking the item relating to subchapter III
in the table of subchapters at the beginning of that
chapter.
(c) Recomputation of Annuities.--
(1) Requirement for recomputation.--Effective on the first
day of each month referred to in paragraph (2)--
(A) each annuity under section 1450 of title 10,
United States Code, that commenced before that month,
is computed under a provision of section 1451 of that
title amended by subsection (a), and is payable for
that month shall be recomputed so as to be equal to the
amount that would be in effect if the percent
applicable for that month under that provision, as so
amended, had been used for the initial computation of
the annuity; and
(B) each supplemental survivor annuity under
section 1457 of such title that commenced before that
month and is payable for that month shall be recomputed
so as to be equal to the amount that would be in effect
if the percent applicable for that month under that
section, as amended by this section, had been used for
the initial computation of the supplemental survivor
annuity.
(2) Times for recomputation.--The requirements for
recomputation of annuities under paragraph (1) apply with
respect to the following months:
(A) October 2005.
(B) October 2008.
(C) October 2014.
(d) Recomputation of Retired Pay Reductions for Supplemental
Survivor Annuities.--The Secretary of Defense shall take such actions
as are necessitated by the amendments made by subsection (b) and the
requirements of subsection (c)(1)(B) to ensure that the reductions in
retired pay under section 1460 of title 10, United States Code, are
adjusted to achieve the objectives set forth in subsection (b) of that
section.
SEC. 645. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN COMMENCING
OCTOBER 1, 2005.
(a) Persons Not Currently Participating in Survivor Benefit Plan.--
(1) Election of sbp coverage.--An eligible retired or
former member may elect to participate in the Survivor Benefit
Plan under subchapter II of chapter 73 of title 10, United
States Code, during the open enrollment period specified in
subsection (f).
(2) Election of supplemental annuity coverage.--An eligible
retired or former member who elects under paragraph (1) to
participate in the Survivor Benefit Plan at the maximum level
may also elect during the open enrollment period to participate
in the Supplemental Survivor Benefit Plan established under
subchapter III of chapter 73 of title 10, United States Code.
(3) Eligible retired or former member.--For purposes of
paragraphs (1) and (2), an eligible retired or former member is
a member or former member of the uniformed services who on the
day before the first day of the open enrollment period is not a
participant in the Survivor Benefit Plan and--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code, but for the fact
that such member or former member is under 60 years of
age.
(4) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election
under paragraph (1) by reason of eligibility under
paragraph (3)(A) shall be treated for all purposes as
providing a standard annuity under the Survivor Benefit
Plan.
(B) Reserve-component annuity.--A person making an
election under paragraph (1) by reason of eligibility
under paragraph (3)(B) shall be treated for all
purposes as providing a reserve-component annuity under
the Survivor Benefit Plan.
(b) Election To Increase Coverage Under SBP.--A person who on the
day before the first day of the open enrollment period is a participant
in the Survivor Benefit Plan but is not participating at the maximum
base amount or is providing coverage under the Plan for a dependent
child and not for the person's spouse or former spouse may, during the
open enrollment period, elect to--
(1) participate in the Plan at a higher base amount (not in
excess of the participant's retired pay); or
(2) provide annuity coverage under the Plan for the
person's spouse or former spouse at a base amount not less than
the base amount provided for the dependent child.
(c) Election for Current SBP Participants To Participate in
Supplemental SBP.--
(1) Election.--A person who is eligible to make an election
under this paragraph may elect during the open enrollment
period to participate in the Supplemental Survivor Benefit Plan
established under subchapter III of chapter 73 of title 10,
United States Code.
(2) Persons eligible.--Except as provided in paragraph (3),
a person is eligible to make an election under paragraph (1) if
on the day before the first day of the open enrollment period
the person is a participant in the Survivor Benefit Plan at the
maximum level, or during the open enrollment period the person
increases the level of such participation to the maximum level
under subsection (b) of this section, and under that Plan is
providing annuity coverage for the person's spouse or a former
spouse.
(3) Limitation on eligibility for certain sbp participants
not affected by two-tier annuity computation.--A person is not
eligible to make an election under paragraph (1) if (as
determined by the Secretary concerned) the annuity of a spouse
or former spouse beneficiary of that person under the Survivor
Benefit Plan is to be computed under section 1451(e) of title
10, United States Code. However, such a person may during the
open enrollment period waive the right to have that annuity
computed under such section 1451(e). Any such election is
irrevocable. A person making such a waiver may make an election
under paragraph (1) as in the case of any other participant in
the Survivor Benefit Plan.
(d) Manner of Making Elections.--An election under this section
shall be made in writing, signed by the person making the election, and
received by the Secretary concerned before the end of the open
enrollment period. Any such election shall be made subject to the same
conditions, and with the same opportunities for designation of
beneficiaries and specification of base amount, that apply under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be. A person making an election under subsection (a) to
provide a reserve-component annuity shall make a designation described
in section 1448(e) of title 10, United States Code.
(e) Effective Date for Elections.--Any such election shall be
effective as of the first day of the first calendar month following the
month in which the election is received by the Secretary concerned.
(f) Open Enrollment Period.--The open enrollment period under this
section shall be the one-year period beginning on October 1, 2005.
(g) Effect of Death of Person Making Election Within Two Years of
Making Election.--If a person making an election under this section
dies before the end of the two-year period beginning on the effective
date of the election, the election is void and the amount of any
reduction in retired pay of the person that is attributable to the
election shall be paid in a lump sum to the person who would have been
the deceased person's beneficiary under the voided election if the
deceased person had died after the end of such two-year period.
(h) Applicability of Certain Provisions of Law.--The provisions of
sections 1449, 1453, and 1454 of title 10, United States Code, are
applicable to a person making an election, and to an election, under
this section in the same manner as if the election were made under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be.
(i) Additional Premium.--The Secretary of Defense shall prescribe
in regulations premiums which a person electing under this section
shall be required to pay for participating in the Survivor Benefit Plan
pursuant to the election. The total amount of the premiums to be paid
by a person under the regulations shall be equal to the sum of--
(i) the total amount by which the retired pay of the person
would have been reduced before the effective date of the
election if the person had elected to participate in the
Survivor Benefit Plan (for the same base amount specified in
the election) at the first opportunity that was afforded the
member to participate under chapter 73 of title 10, United
States Code;
(ii) interest on the amounts by which the retired pay of
the person would have been so reduced, computed from the dates
on which the retired pay would have been so reduced at such
rate or rates and according to such methodology as the
Secretary of Defense determines reasonable; and
(iii) any additional amount that the Secretary determines
necessary to protect the actuarial soundness of the Department
of Defense Military Retirement Fund against any increased risk
for the fund that is associated with the election.
(A) Premiums paid under the regulations shall be credited to the
Department of Defense Military Retirement Fund.
(B) In this paragraph, the term ``Department of Defense Military
Retirement Fund'' means the Department of Defense Military Retirement
Fund established under section 1461(a) of title 10, United States Code.
Subtitle E--Other Matters
SEC. 651. INCREASED MAXIMUM PERIOD FOR LEAVE OF ABSENCE FOR PURSUIT OF
A PROGRAM OF EDUCATION IN A HEALTH CARE PROFESSION.
Section 708(a) of title 10, United States Code, is amended--
(1) by striking ``for a period not to exceed two years'';
and
(2) by adding at the end the following: ``The period of a
leave of absence granted under this section may not exceed two
years, except that the period may exceed two years but may not
exceed three years in the case of an eligible member pursuing a
program of education in a health care profession.''.
SEC. 652. ELIGIBILITY OF MEMBERS FOR REIMBURSEMENT OF EXPENSES INCURRED
FOR ADOPTION PLACEMENTS MADE BY FOREIGN GOVERNMENTS.
Section 1052(g)(3) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(D) A foreign government or an agency authorized
by a foreign government to place children for adoption,
in any case in which--
``(i) the adopted child is entitled to
automatic citizenship under section 320 of the
Immigration and Nationality Act (8 U.S.C.
1431); or
``(ii) a certificate of citizenship has
been issued for such child under section 322 of
that Act (8 U.S.C. 1433).''.
SEC. 653. ACCEPTANCE OF FREQUENT TRAVELER MILES, CREDITS, AND TICKETS
TO FACILITATE THE AIR OR SURFACE TRAVEL OF CERTAIN
MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.
Section 2608 of title 10, United States Code, is amended--
(1) by redesignating subsections (g) through (k) as
subsections (h) through (l), respectively; and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Operation Hero Miles.--(1) The Secretary of Defense may use
the authority of subsection (a) to accept the donation of frequent
traveler miles, credits, and tickets for air or surface transportation
issued by any air carrier or surface carrier that serves the public and
that consents to such donation, and under such terms and conditions as
the air or surface carrier may specify. The Secretary shall designate a
single office in the Department of Defense to carry out this
subsection, including the establishment of such rules and procedures as
may be necessary to facilitate the acceptance of such frequent traveler
miles, credits, and tickets.
``(2) Frequent traveler miles, credits, and tickets accepted under
this subsection shall be used only in accordance with the rules
established by the air carrier or surface carrier that is the source of
the miles, credits, or tickets and shall be used only for the following
purposes:
``(A) To facilitate the travel of a member of the armed
forces who--
``(i) is deployed on active duty outside the United
States away from the permanent duty station of the
member in support of a contingency operation; and
``(ii) is granted, during such deployment, rest and
recuperative leave, emergency leave, convalescent
leave, or another form of leave authorized for the
member.
``(B) In the case of a member of the armed forces
recuperating from an injury or illness incurred or aggravated
in the line of duty during such deployment, to facilitate the
travel of family members of the member to be reunited with the
member.
``(3) For the use of miles, credits, or tickets under paragraph
(2)(B) by family members of a member of the armed forces, the Secretary
may, as the Secretary determines appropriate, limit--
``(A) eligibility to family members who, by reason of
affinity, degree of consanguinity, or otherwise, are
sufficiently close in relationship to the member of the armed
forces to justify the travel assistance;
``(B) the number of family members who may travel; and
``(C) the number of trips that family members may take.
``(4) Notwithstanding paragraph (2), the Secretary of Defense may,
in an exceptional case, authorize a person not described in
subparagraph (B) of that paragraph to use frequent traveler miles,
credits, or a ticket accepted under this subsection to visit a member
of the armed forces described in such subparagraph if that person has a
notably close relationship with the member. The frequent traveler
miles, credits, or ticket may be used by such person only in accordance
with such conditions and restrictions as the Secretary determines
appropriate and the rules established by the air carrier or surface
carrier that is the source of the miles, credits, or ticket.
``(5) The Secretary of Defense shall encourage air carriers and
surface carriers to participate in, and to facilitate through
minimization of restrictions and otherwise, the donation, acceptance,
and use of frequent traveler miles, credits, and tickets under this
section.
``(6) The Secretary of Defense may enter into an agreement with a
nonprofit organization to use the services of the organization--
``(A) to promote the donation of frequent traveler miles,
credits, and tickets under paragraph (1), except that amounts
appropriated to the Department of Defense may not be expended
for this purpose; and
``(B) to assist in administering the collection,
distribution, and use of donated frequent traveler miles,
credits, and tickets.
``(7) Members of the armed forces, family members, and other
persons who receive air or surface transportation using frequent
traveler miles, credits, or tickets donated under this subsection are
deemed to recognize no income from such use. Donors of frequent
traveler miles, credits, or tickets under this subsection are deemed to
obtain no tax benefit from such donation.
``(8) In this subsection, the term `family member' has the meaning
given that term in section 411h(b)(1) of title 37.''.
SEC. 654. CHILD CARE FOR CHILDREN OF MEMBERS OF ARMED FORCES ON ACTIVE
DUTY FOR OPERATION ENDURING FREEDOM OR OPERATION IRAQI
FREEDOM.
(a) Child Care for Children Without Access to Military Child
Care.--(1) In any case where the children of a covered member of the
Armed Forces are geographically dispersed and do not have practical
access to a military child development center, the Secretary of Defense
may, to the extent funds are available for such purpose, provide such
funds as are necessary permit the member's family to secure access for
such children to State licensed child care and development programs and
activities in the private sector that are similar in scope and quality
to the child care and development programs and activities the Secretary
would otherwise provide access to under subchapter II of chapter 88 of
title 10, United States Code, and other applicable provisions of law.
(2) Funds may be provided under paragraph (1) in accordance with
the provisions of section 1798 of title 10, United States Code, or by
such other mechanism as the Secretary considers appropriate.
(3) The Secretary shall prescribe in regulations priorities for the
allocation of funds for the provision of access to child care under
paragraph (1) in circumstances where funds are inadequate to provide
all children described in that paragraph with access to child care as
described in that paragraph.
(b) Preservation of Services and Programs.--The Secretary shall
provide for the attendance and participation of children in military
child development centers and child care and development programs and
activities under subsection (a) in a manner that preserves the scope
and quality of child care and development programs and activities
otherwise provided by the Secretary.
(c) Funding.--Amounts otherwise available to the Department of
Defense and the military departments under this Act may be available
for purposes of providing access to child care under subsection (a).
(d) Definitions.--In this section:
(1) The term ``covered members of the Armed Forces'' means
members of the Armed Forces on active duty, including members
of the Reserves who are called or ordered to active duty under
a provision of law referred to in section 101(a)(13)(B) of
title 10, United States Code, for Operation Enduring Freedom or
Operation Iraqi Freedom.
(2) The term ``military child development center'' has the
meaning given such term in section 1800(1) of title 10, United
States Code.
SEC. 655. RELIEF FOR MOBILIZED MILITARY RESERVISTS FROM CERTAIN FEDERAL
AGRICULTURAL LOAN OBLIGATIONS.
The Consolidated Farm and Rural Development Act is amended by
inserting after section 331F (7 U.S.C. 1981f) the following:
``SEC. 332. RELIEF FOR MOBILIZED MILITARY RESERVISTS FROM CERTAIN
AGRICULTURAL LOAN OBLIGATIONS.
``(a) Definition of Mobilized Military Reservist.--In this section,
the term `mobilized military reservist' means an individual who--
``(1) is on active duty under section 688, 12301(a),
12301(g), 12302, 12304, 12306, or 12406, or chapter 15 of title
10, United States Code, or any other provision of law during a
war or during a national emergency declared by the President or
Congress, regardless of the location at which the active duty
service is performed; or
``(2) in the case of a member of the National Guard, is on
full-time National Guard duty (as defined in section 101(d)(5)
of title 10, United States Code) under a call to active service
authorized by the President or the Secretary of Defense for a
period of more than 30 consecutive days under section 502(f) of
title 32, United States Code, for purposes of responding to a
national emergency declared by the President and supported by
Federal funds.
``(b) Forgiveness of Interest Payments Due While Borrower Is a
Mobilized Military Reservist.--Any requirement that a borrower of a
direct loan made under this title make any interest payment on the loan
that would otherwise be required to be made while the borrower is a
mobilized military reservist is rescinded.
``(c) Deferral of Principal Payments Due While or After Borrower Is
a Mobilized Military Reservist.--The due date of any payment of
principal on a direct loan made to a borrower under this title that
would otherwise be required to be made while or after the borrower is a
mobilized military reservist is deferred for a period equal in length
to the period for which the borrower is a mobilized military reservist.
``(d) Nonaccrual of Interest.--Interest on a direct loan made to a
borrower described in this section shall not accrue during the period
the borrower is a mobilized military reservist.
``(e) Borrower Not Considered To Be Delinquent or Receiving Debt
Forgiveness.--Notwithstanding section 373 or any other provision of
this title, a borrower who receives assistance under this section shall
not, as a result of the assistance, be considered to be delinquent or
receiving debt forgiveness for purposes of receiving a direct or
guaranteed loan under this title.''.
TITLE VII--HEALTH CARE
Subtitle A--Enhanced Benefits for Reserves
SEC. 701. DEMONSTRATION PROJECT ON HEALTH BENEFITS FOR RESERVES.
(a) Demonstration Project Required.--The Secretary of Defense shall
carry out a demonstration project under section 1092 of title 10,
United States Code, to assess the need for, and feasibility of,
providing benefits under the TRICARE program to members of the Ready
Reserve of the Armed Forces who are (1) eligible unemployment
compensation recipients, (2) in a period of continuous unemployment
from the end of their last month as eligible unemployment compensation
recipients, or (3) ineligible for coverage by employer-sponsored health
benefits plans for employees.
(b) Definition.--In this section, the term ``eligible unemployment
compensation recipient'' has the meaning given such term in section
1076b(j) of title 10, United States Code.
SEC. 702. PERMANENT EARLIER ELIGIBILITY DATE FOR TRICARE BENEFITS FOR
MEMBERS OF RESERVE COMPONENTS.
Section 1074(d) of title 10, United States Code, is amended by
striking paragraph (3).
SEC. 703. WAIVER OF CERTAIN DEDUCTIBLES FOR MEMBERS ON ACTIVE DUTY FOR
A PERIOD OF MORE THAN 30 DAYS.
Section 1095d(a) of title 10, United States Code, is amended by
striking ``a period of less than one year'' both places that it appears
and inserting ``a period of more than 30 days''.
SEC. 704. PROTECTION OF DEPENDENTS FROM BALANCE BILLING.
Section 1079(h)(4) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(C) In the case of a member of the reserve components serving on
active duty for a period of more than 30 days in support of a
contingency operation under a provision of law referred to in section
101(a)(13)(B) of this title, the Secretary may pay the amount
applicable under subparagraph (B) to a dependent of such member who is
referred to in subparagraph (A).''.
SEC. 705. PERMANENT EXTENSION OF TRANSITIONAL HEALTH CARE BENEFITS AND
ADDITION OF REQUIREMENT FOR PRESEPARATION PHYSICAL
EXAMINATION.
(a) Permanent Requirement.--(1) Paragraph (3) of section 1145(a) of
title 10, United States Code, is amended to read as follows:
``(3) Transitional health care for a member under subsection (a)
shall be available for 180 days beginning on the date on which the
member is separated from active duty.''.
(2) The following provisions of law are repealed:
(A) Section 704 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1527; 10
U.S.C. 1145 note).
(B) Section 1117 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1218;
10 U.S.C. 1145 note).
(b) Requirement for Physical Examination.--Such section 1145(a), as
amended by subsection (a), is further amended by adding at the end the
following new paragraph:
``(4) The Secretary concerned shall require each member referred to
in paragraph (1) to undergo a comprehensive physical examination
immediately before the member is separated from active duty as
described in paragraph (2).''.
SEC. 706. EXPANDED ELIGIBILITY OF READY RESERVE MEMBERS UNDER TRICARE
PROGRAM.
(a) Unconditional Eligibility.--Subsection (a) of section 1076b of
title 10, United States Code, is amended by striking ``is eligible,
subject to subsection (h), to enroll in TRICARE'' and all that follows
through ``an employer-sponsored health benefits plan'' and inserting
``, except for a member who is enrolled or is eligible to enroll in a
health benefits plan under chapter 89 of title 5, is eligible to enroll
in TRICARE, subject to subsection (h)''.
(b) Permanent Authority.--Subsection (l) of such section is
repealed.
(c) Conforming Repeal of Obsolete Provisions.--Such section is
further amended--
(1) by striking subsections (i) and (j); and
(2) by redesignating subsection (k) as subsection (i).
SEC. 707. CONTINUATION OF NON-TRICARE HEALTH BENEFITS PLAN COVERAGE FOR
CERTAIN RESERVES CALLED OR ORDERED TO ACTIVE DUTY AND
THEIR DEPENDENTS.
(a) Required Continuation.--(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1078a the following
new section:
``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage
for dependents of certain Reserves called or ordered to
active duty
``(a) Payment of Premiums.--The Secretary concerned shall pay the
applicable premium to continue in force any qualified health benefits
plan coverage for the members of the family of an eligible reserve
component member for the benefits coverage continuation period if
timely elected by the member in accordance with regulations prescribed
under subsection (j).
``(b) Eligible Member; Family Members.--(1) A member of a reserve
component is eligible for payment of the applicable premium for
continuation of qualified health benefits plan coverage under
subsection (a) while serving on active duty pursuant to a call or order
issued under a provision of law referred to in section 101(a)(13)(B) of
this title during a war or national emergency declared by the President
or Congress.
``(2) For the purposes of this section, the members of the family
of an eligible reserve component member include only the member's
dependents described in subparagraphs (A), (D), and (I) of section
1072(2) of this title.
``(c) Qualified Health Benefits Plan Coverage.--For the purposes of
this section, health benefits plan coverage for the members of the
family of a reserve component member called or ordered to active duty
is qualified health benefits plan coverage if--
``(1) the coverage was in force on the date on which the
Secretary notified the reserve component member that issuance
of the call or order was pending or, if no such notification
was provided, the date of the call or order;
``(2) on such date, the coverage applied to the reserve
component member and members of the family of the reserve
component member; and
``(3) the coverage has not lapsed.
``(d) Applicable Premium.--The applicable premium payable under
this section for continuation of health benefits plan coverage for the
family members of a reserve component member is the amount of the
premium payable by the member for the coverage of the family members.
``(e) Maximum Amount.--The total amount that the Department of
Defense may pay for the applicable premium of a health benefits plan
for the family members of a reserve component member under this section
in a fiscal year may not exceed the amount determined by multiplying--
``(1) the sum of one plus the number of the family members
covered by the health benefits plan, by
``(2) the per capita cost of providing TRICARE coverage and
benefits for dependents under this chapter for such fiscal
year, as determined by the Secretary of Defense.
``(f) Benefits Coverage Continuation Period.--The benefits coverage
continuation period under this section for qualified health benefits
plan coverage for the family members of an eligible reserve component
member called or ordered to active duty is the period that--
``(1) begins on the date of the call or order; and
``(2) ends on the earlier of--
``(A) the date on which the reserve component
member's eligibility for transitional health care under
section 1145(a) of this title terminates under
paragraph (3) of such section; or
``(B) the date on which the reserve component
member elects to terminate the continued qualified
health benefits plan coverage of the member's family
members.
``(g) Extension of Period of COBRA Coverage.--Notwithstanding any
other provision of law--
``(1) any period of coverage under a COBRA continuation
provision (as defined in section 9832(d)(1) of the Internal
Revenue Code of 1986) for an eligible reserve component member
under this section shall be deemed to be equal to the benefits
coverage continuation period for such member under this
section; and
``(2) with respect to the election of any period of
coverage under a COBRA continuation provision (as so defined),
rules similar to the rules under section 4980B(f)(5)(C) of such
Code shall apply.
``(h) Nonduplication of Benefits.--A member of the family of a
reserve component member who is eligible for benefits under qualified
health benefits plan coverage paid on behalf of the reserve component
member by the Secretary concerned under this section is not eligible
for benefits under the TRICARE program during a period of the coverage
for which so paid.
``(i) Revocability of Election.--A reserve component member who
makes an election under subsection (a) may revoke the election. Upon
such a revocation, the member's family members shall become eligible
for benefits under the TRICARE program as provided for under this
chapter.
``(j) Regulations.--The Secretary of Defense shall prescribe
regulations for carrying out this section. The regulations shall
include such requirements for making an election of payment of
applicable premiums as the Secretary considers appropriate.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1078a the
following new item:
``1078b. Continuation of non-TRICARE health benefits plan coverage for
dependents of certain Reserves called or
ordered to active duty.''.
(b) Applicability.--Section 1078b of title 10, United States Code
(as added by subsection (a)), shall apply with respect to calls or
orders of members of reserve components of the Armed Forces to active
duty as described in subsection (b) of such section, that are issued by
the Secretary of a military department before, on, or after the date of
the enactment of this Act, but only with respect to qualified health
benefits plan coverage (as described in subsection (c) of such section)
that is in effect on or after the date of the enactment of this Act.
Subtitle B--Other Matters
SEC. 711. REPEAL OF REQUIREMENT FOR PAYMENT OF SUBSISTENCE CHARGES
WHILE HOSPITALIZED.
(a) Repeal.--Section 1075 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of such title is amended by striking the item relating to
section 1075.
SEC. 712. OPPORTUNITY FOR YOUNG CHILD DEPENDENT OF DECEASED MEMBER TO
BECOME ELIGIBLE FOR ENROLLMENT IN A TRICARE DENTAL PLAN.
Section 1076a(k)(2) of title 10, United States Code, is amended--
(1) by striking ``under subsection (a) or'' and inserting
``under subsection (a),''; and
(2) by inserting after ``under subsection (f),'' the
following: ``or is not enrolled because the dependent is a
child under the minimum age for enrollment,''.
SEC. 713. PEDIATRIC DENTAL PRACTICE NECESSARY FOR PROFESSIONAL
ACCREDITATION.
Section 1077(c) of title 10, United States Code, is amended--
(1) by striking ``A dependent'' and inserting ``(1) Except
as specified in paragraph (2), a dependent''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Dependents 12 years of age or younger who are covered by a
dental plan under section 1076a of this title may be treated by
postgraduate dental students in a dental treatment facility of the
uniformed services accredited by the American Dental Association under
a graduate dental education program accredited by the American Dental
Association if--
``(i) treatment of pediatric dental patients is necessary
in order to satisfy an accreditation standard of the American
Dental Association that is applicable to such facility or
program, or training in pediatric dental care is necessary for
the students to be professionally qualified to provide dental
care for dependent children accompanying members of the
uniformed services outside the United States; and
``(ii) the caseload of pediatric patients at such facility
is insufficient to support satisfaction of the accreditation or
professional requirements in pediatric dental care that apply
to such facility, program, or students.
``(B) The total number of dependents treated in all facilities of
the uniformed services under subparagraph (A) in a fiscal year may not
exceed 2,000.''.
SEC. 714. SERVICES OF MARRIAGE AND FAMILY THERAPISTS.
(a) Authority To Enter Into Personal Services Contracts.--Section
704(c)(2) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2799; 10 U.S.C. 1091 note) is
amended by inserting ``marriage and family therapists certified as such
by a certification recognized by the Secretary of Defense,'' after
``psychologists,''.
(b) Applicability of Licensure Requirement for Health-Care
Professionals.--Section 1094(e)(2) of title 10, United States Code, is
amended by inserting ``marriage and family therapist certified as such
by a certification recognized by the Secretary of Defense,'' after
``psychologist,''.
SEC. 715. CHIROPRACTIC HEALTH CARE BENEFITS ADVISORY COMMITTEE.
(a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall establish an
oversight advisory committee to provide the Secretary with advice and
recommendations regarding the continued development and implementation
of an effective program of chiropractic health care benefits for
members of the uniformed services on active duty.
(b) Membership.--The advisory committee shall be composed of
members selected from among persons who, by reason of education,
training, and experience, are experts in chiropractic health care, as
follows:
(1) Members appointed by the Secretary of Defense in such
number as the Secretary determines appropriate for carrying out
the duties of the advisory committee effectively.
(2) A representative of each of the Armed Forces, as
designated by the Secretary of the military department
concerned.
(c) Chairman.--The Secretary of Defense shall designate one member
of the advisory committee to serve as the Chairman of the advisory
committee.
(d) Meetings.--The advisory committee shall meet at the call of the
Chairman, but not fewer than three times each fiscal year, beginning in
fiscal year 2005.
(e) Duties.--The advisory committee shall have the following
duties:
(1) Review and evaluate the program of chiropractic health
care benefits provided to members of the uniformed services on
active duty under chapter 55 of title 10, United States Code.
(2) Provide the Secretary of Defense with advice and
recommendations as described in subsection (a).
(3) Upon the Secretary's determination that the program of
chiropractic health care benefits referred to in paragraph (1)
has been fully implemented, prepare and submit to the Secretary
a report containing the advisory committee's evaluation of such
program as implemented.
(f) Applicability of Temporary Organizations Law.--(1) Section 3161
of title 5, United States Code, shall apply to the advisory committee
under this section.
(2) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the oversight advisory committee under this section.
(g) Termination.--The advisory committee shall terminate 90 days
after the date on which the committee submits the report to the
Secretary of Defense under subsection (e)(3).
SEC. 716. GROUNDS FOR PRESIDENTIAL WAIVER OF REQUIREMENT FOR INFORMED
CONSENT OR OPTION TO REFUSE REGARDING ADMINISTRATION OF
DRUGS NOT APPROVED FOR GENERAL USE.
(a) Investigational New Drugs.--Section 1107(f) of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking ``obtaining consent--''
and all that follows through ``(C) is'' and inserting
``obtaining consent is''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) The waiver authority provided in paragraph (1) shall not be
construed to apply to any case other than a case in which prior consent
for administration of a particular drug is required by reason of a
determination by the Secretary of Health and Human Services that such
drug is subject to the investigational new drug requirements of section
505(i) of the Federal Food, Drug, and Cosmetic Act.''.
(b) Emergency Use Drugs.--Section 1107a(a) of such title is
amended--
(1) by inserting ``(A)'' after ``President.--(1)'';
(2) by striking ``is not feasible,'' and all that follows
through ``members affected, or''; and
(3) by adding at the end the following new subparagraph:
``(B) The waiver authority provided in subparagraph (A) shall not
be construed to apply to any case other than a case in which an
individual is required to be informed of an option to accept or refuse
administration of a particular product by reason of a determination by
the Secretary of Health and Human Services that emergency use of such
product is authorized under section 564 of the Federal Food, Drug, and
Cosmetic Act.''.
SEC. 717. ELIGIBILITY OF CADETS AND MIDSHIPMEN FOR MEDICAL AND DENTAL
CARE AND DISABILITY BENEFITS.
(a) Medical and Dental Care.--(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1074a the following
new section:
``Sec. 1074b. Medical and dental care: cadets and midshipmen
``(a) Eligibility.--Under joint regulations prescribed by the
administering Secretaries, the following persons are, except as
provided in subsection (c), entitled to the benefits described in
subsection (b):
``(1) A cadet at the United States Military Academy, the
United States Air Force Academy, or the Coast Guard Academy,
and a midshipman at the United States Naval Academy, who incurs
or aggravates an injury, illness, or disease in the line of
duty.
``(2) Each member of, and each designated applicant for
membership in, the Senior Reserve Officers' Training Corps who
incurs or aggravates an injury, illness, or disease in the line
of duty while performing duties under section 2109 of this
title.
``(b) Benefits.--A person eligible for benefits in subsection (a)
for an injury, illness, or disease is entitled to--
``(1) the medical and dental care under this chapter that
is appropriate for the treatment of the injury, illness, or
disease until the injury, illness, disease, or any resulting
disability cannot be materially improved by further
hospitalization or treatment; and
``(2) meals during hospitalization.
``(c) Exception.--A person is not entitled to benefits under
subsection (b) for an injury, illness, or disease, or the aggravation
of an injury, illness, or disease that is a result of the gross
negligence or the misconduct of that person.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1074a the
following new item:
``1074b. Medical and dental care: cadets and midshipmen of the service
academies.''.
(b) Eligibility of Academy Cadets and Midshipmen for Disability
Retired Pay.--(1)(A) Section 1217 of title 10, United States Code, is
amended to read as follows:
``Sec. 1217. Cadets, midshipmen, and aviation cadets: applicability of
chapter
``(a) This chapter applies to cadets at the United States Military
Academy, the United States Air Force Academy, and the United States
Coast Guard Academy and midshipmen of the United States Naval Academy.
``(b) Monthly cadet pay and monthly midshipman pay under section
203(c) of title 37 shall be considered to be basic pay for purposes of
this chapter and the computation of retired pay and severance and
separation pay to which entitlement is established under this
chapter.''.
(B) The item related to section 1217 in the table of sections at
the beginning of chapter 61 of such title is amended to read as
follows:
``1217. Cadets, midshipmen, and aviation cadets: applicability of
chapter.''.
(2) The amendments made by paragraph (1) shall take effect on
October 1, 2004.
SEC. 718. CONTINUATION OF SUB-ACUTE CARE FOR TRANSITION PERIOD.
Section 1074j(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) The Secretary of Defense may take such actions as are
necessary to ensure that there is an effective transition in the
furnishing of part-time or intermittent home health care benefits for
covered beneficiaries who were receiving such benefits before the
establishment of the program under this section. The actions taken
under this paragraph may include the continuation of such benefits on
an extended basis for such time as the Secretary determines
appropriate.''.
SEC. 719. TEMPORARY AUTHORITY FOR WAIVER OF COLLECTION OF PAYMENTS DUE
FOR CHAMPUS BENEFITS RECEIVED BY DISABLED PERSONS UNAWARE
OF LOSS OF CHAMPUS ELIGIBILITY.
(a) Authority To Waive Debt.--(1) The Secretary of Defense, in
consultation with the other administering Secretaries, may waive (in
whole or in part) the collection of payments otherwise due from a
person described in subsection (b) for health benefits received by such
person under section 1086 of title 10, United States Code, after the
termination of that person's eligibility for such benefits.
(2) If the Secretary of Defense waives collection of payments from
a person under paragraph (1), the Secretary may also authorize a
continuation of benefits for such person under such section 1086 for a
period ending not later than the end of the period specified in
subsection (c) of this section.
(b) Eligible Persons.--A person is eligible for relief under
subsection (a)(1) if--
(1) the person is described in paragraph (1) of subsection
(d) of section 1086 of title 10, United States Code;
(2) except for such paragraph, the person would have been
eligible for the health benefits under such section; and
(3) at the time of the receipt of such benefits--
(A) the person satisfied the criteria specified in
paragraph (2)(B) of such subsection (d); and
(B) the person was unaware of the loss of
eligibility to receive the health benefits.
(c) Period of Applicability.--The authority provided under this
section to waive collection of payments and to continue benefits shall
apply, under terms and conditions prescribed by the Secretary of
Defense, to health benefits provided under section 1086 of title 10,
United States Code, during the period beginning on July 1, 1999, and
ending at the end of December 31, 2004.
(d) Consultation With Other Administering Secretaries.--(1) The
Secretary of Defense shall consult with the other administering
Secretaries in exercising the authority provided in this section.
(2) In this subsection, the term ``administering Secretaries'' has
the meaning given such term in section 1072(3) of title 10, United
States Code.
SEC. 720. VACCINE HEALTHCARE CENTERS NETWORK.
Section 1110 of title 10, United States Code, is amended by adding
at the end the following:
``(c) Vaccine Healthcare Centers Network.--(1) The Secretary shall
carry out this section through the Vaccine Healthcare Centers Network
as established by the Secretary in collaboration with the Director of
the Centers for Disease Control and Prevention.
``(2) In addition to conducting the activities described in
subsection (b), it shall be the purpose of the Vaccine Healthcare
Centers Network to improve--
``(A) the safety and quality of vaccine administration for
the protection of members of the armed forces;
``(B) the submission of data to the Vaccine-related Adverse
Events Reporting System to include comprehensive content and
follow-up data;
``(C) the access to clinical management services to members
of the armed forces who experience vaccine adverse events;
``(D) the knowledge and understanding by members of the
armed forces and vaccine-providers of immunization benefits and
risks.
``(E) networking between the Department of Defense, the
Department of Health and Human Services, the Department of
Veterans Affairs, and private advocacy and coalition groups
with regard to immunization benefits and risks; and
``(F) clinical research on the safety and efficacy of
vaccines.
``(3) To achieve the purposes described in paragraph (2), the
Vaccine Healthcare Centers Network, in collaboration with the medical
departments of the armed forces, shall carry out the following:
``(A)(i) Establish a network of centers of excellence in
clinical immunization safety assessment that provides for
outreach, education, and confidential consultative and direct
patient care services for vaccine related adverse events
prevention, diagnosis, treatment and follow-up with respect to
members of the armed services.
``(ii) Such centers shall provide expert second opinions
for such members regarding medical exemptions under this
section and for additional care that is not available at the
local medical facilities of such members.
``(B) Develop standardized educational outreach activities
to support the initial and ongoing provision of training and
education for providers and nursing personnel who are engaged
in delivering immunization services to the members of the armed
forces.
``(C) Develop a program for quality improvement in the
submission and understanding of data that is provided to the
Vaccine-related Adverse Events Reporting System, particularly
among providers and members of the armed forces.
``(D) Develop and standardize a quality improvement program
for the Department of Defense relating to immunization
services.
``(E) Develop an effective network system, with appropriate
internal and external collaborative efforts, to facilitate
integration, educational outreach, research, and clinical
management of adverse vaccine events.
``(F) Provide education and advocacy for vaccine recipients
to include access to vaccine safety programs, medical
exemptions, and quality treatment.
``(G) Support clinical studies with respect to the safety
and efficacy of vaccines, including outcomes studies on the
implementation of recommendations contained in the clinical
guidelines for vaccine-related adverse events.
``(H) Develop implementation recommendations for vaccine
exemptions or alternative vaccine strategies for members of the
armed forces who have had prior, or who are susceptible to,
serious adverse events, including those with genetic risk
factors, and the discovery of treatments for adverse events
that are most effective.
``(4) It is the sense of the Senate--
``(A) to recognize the important work being done by the
Vaccine Healthcare Center Network for the members of the armed
forces; and
``(B) that each of the military departments (as defined in
section 102 of title 5, United States Code) is strongly
encouraged to fund the Vaccine Healthcare Center Network.''.
SEC. 721. USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS IN CASES OF
RAPE AND INCEST.
Section 1093(a) of title 10, United States Code, is amended by
inserting before the period at the end the following: `` or in a case
in which the pregnancy is the result of an act of rape or incest''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. RESPONSIBILITIES OF ACQUISITION EXECUTIVES AND CHIEF
INFORMATION OFFICERS UNDER THE CLINGER-COHEN ACT.
(a) Acquisitions of Information Technology Equipment Integral to a
Weapon or Weapon System.--(1) Chapter 131 of title 10, United States
Code, is amended by inserting after section 2223 the following:
``Sec. 2223a. Acquisition of information technology equipment integral
to a weapon or a weapon system
``(a) Responsibilities of Acquisition Executives.--The acquisition
executive of each military department shall be responsible for ensuring
that, with regard to a weapon or weapon system acquired or to be
acquired by or for that military department--
``(1) the acquisition of information technology equipment
that is integral to the weapon or a weapon system is conducted
in a manner that is consistent with the capital planning,
investment control, and performance and results-based
management processes and requirements provided under sections
11302, 11303, 11312, and 11313 of title 40, to the extent that
such processes requirements are applicable to the acquisition
of such equipment;
``(2) issues of spectrum availability, interoperability,
and information security are appropriately addressed in the
development of the weapon or weapon system; and
``(3) in the case of information technology equipment that
is to be incorporated into a weapon or a weapon system under a
major defense acquisition program, the information technology
equipment is incorporated in a manner that is consistent with--
``(A) the planned approach to applying certain
provisions of law to major defense acquisition programs
following the evolutionary acquisition process that the
Secretary of Defense reported to Congress under section
802 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2602);
``(B) the acquisition policies that apply to spiral
development programs under section 803 of such Act (116
Stat. 2603; 10 U.S.C. 2430 note); and
``(C) the software acquisition processes of the
military department or Defense Agency concerned under
section 804 of such Act (116 Stat. 2604; 10 U.S.C. 2430
note).
``(b) Board of Senior Acquisition Officials.--(1) The Secretary of
Defense shall establish a board of senior acquisition officials to
develop policy and provide oversight on the implementation of the
requirements of this section and chapter 113 of title 40 in
procurements of information technology equipment that is integral to a
weapon or a weapon system.
``(2) The board shall be composed of the following officials:
``(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, who shall be the Chairman.
``(B) The acquisition executives of the military
departments.
``(C) The Chief Information Officer of the Department of
Defense.
``(3) Any question regarding whether information technology
equipment is integral to a weapon or weapon system shall be resolved by
the board in accordance with policies established by the board.
``(c) Inapplicability of Other Laws.--The following provisions of
law do not apply to information technology equipment that is integral
to a weapon or a weapon system:
``(1) Section 11315 of title 40.
``(2) The policies and procedures established under section
11316 of title 40.
``(3) Subsections (d) and (e) of section 811 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-211), and the requirements and prohibitions that are
imposed by Department of Defense Directive 5000.1 pursuant to
subsections (b) and (c) of such section.
``(4) Section 351 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2516; 10 U.S.C. 221 note).
``(d) Definitions.--In this section:
``(1) The term `acquisition executive', with respect to a
military department, means the official who is designated as
the senior procurement executive of the military department
under section 16(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 414(3)).
``(2) The term `information technology' has the meaning
given such term in section 11101 of title 40.
``(3) The term `major defense acquisition program' has the
meaning given such term in section 2430 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2223 the
following new item:
``2223a. Acquisition of information technology equipment integral to a
weapon or a weapon system.''.
(b) Conforming Amendments.--Section 2223 of such title is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Equipment Integral to a Weapon or Weapon System.--(1) In the
case of information technology equipment that is integral to a weapon
or weapon system acquired or to be acquired by or for a military
department, the responsibilities under this section shall be performed
by the acquisition executive of that military department pursuant to
the guidance and oversight of the board of senior acquisition officials
established under section 2223a(b) of this title.
``(2) In this subsection, the term `acquisition executive' has the
meaning given said term in section 2223a(d) of this title.''.
SEC. 802. SOFTWARE-RELATED PROGRAM COSTS UNDER MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Content of Quarterly Unit Cost Report.--Subsection (b) of
section 2433 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(5) Any significant changes in the total program cost for
development and procurement of the software component of the
program, schedule milestones for the software component of the
program, or expected performance for the software component of
the program that are known, expected, or anticipated by the
program manager.''.
(b) Content of Selected Acquisition Report.--(1) Subsection (g)(1)
of such section is amended by adding at the end the following new
subparagraph:
``(Q) In any case in which one or more problems with the
software component of the program significantly contributed to
the increase in program unit costs, the action taken and
proposed to be taken to solve such problems.''.
(2) Section 2432(e) of title 10, United States Code, is amended--
(A) by redesignating paragraphs (7), (8), and (9), as
paragraphs (8), (9) and (10), respectively; and
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The reasons for any significant changes (from the
previous Selected Acquisition Report) in the total program cost
for development and procurement of the software component of
the program, schedule milestones for the software component of
the program, or expected performance for the software component
of the program that are known, expected, or anticipated by the
program manager.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2004, and shall apply with respect to reports due
to be submitted to Congress on or after such date.
SEC. 803. INTERNAL CONTROLS FOR DEPARTMENT OF DEFENSE PURCHASES THROUGH
GSA CLIENT SUPPORT CENTERS.
(a) Limitation.--No official of the Department of Defense may place
an order for, make a purchase of, or otherwise procure property or
services in an amount in excess of $100,000 through any particular GSA
Client Support Center until the Inspector General of the Department of
Defense has, after the date of the enactment of this Act--
(1) reviewed the policies, procedures, and internal
controls of such Client Support Center in consultation with the
Inspector General of the General Services Administration; and
(2) certified in writing to the Secretary of Defense and
the Administrator of General Services that such policies,
procedures, and internal controls are adequate to ensure the
compliance of such Client Support Center with the requirements
of law and regulations that are applicable to orders,
purchases, and other procurements of property and services.
(b) GSA Client Support Center Defined.--In this section, the term
``GSA Client Support Center'' means a Client Support Center of the
Federal Technology Service of the General Services Administration.
(c) Effective Date and Applicability.--This section shall take
effect on the date of the enactment of this Act and shall apply with
respect to orders, purchases, and other procurements that are initiated
by the Department of Defense with a GSA Client Support Center on or
after such date.
SEC. 804. DEFENSE COMMERCIAL SATELLITE SERVICES PROCUREMENT PROCESS.
(a) Requirement for Determination.--The Secretary of Defense shall
review alternative mechanisms for procuring commercial satellite
services and provide guidance to the Director of the Defense
Information Systems Agency and the Secretaries of the military
departments on how such procurements should be conducted. The
alternative procurement mechanisms reviewed by the Secretary of Defense
shall, at a minimum, include the following:
(1) Procurement under indefinite delivery, indefinite
quantity contracts of the Federal Technology Service of the
General Services Administration.
(2) Procurement directly from commercial sources that are
qualified as described in subsection (b), using full and open
competition (as defined in section 4(6) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(6))).
(3) Procurement by any other means that has been used by
the Director of the Defense Information Systems Agency or the
Secretary of a military department to enter into a contract for
the procurement of commercial satellite services that is in
force on the date of the enactment of this Act.
(b) Qualified Sources.--A source of commercial satellite services
referred to in paragraph (2) of subsection (a) is a qualified source if
the source is incorporated under the laws of a State of the United
States and is either--
(1) a source of commercial satellite services under a
Federal Technology Service contract for the procurement of
commercial satellite services described in paragraph (1) of
such subsection that is in force on the date of the enactment
of this Act; or
(2) a source of commercial satellite services that meets
qualification requirements (as defined in section 2319 of title
10, United States Code, and established in accordance with that
section) to enter into a Federal Technology Service contract
for the procurement of commercial satellite services.
(c) Report.--Not later than April 30, 2005, the Secretary of
Defense shall submit to Congress a report setting forth the conclusions
resulting from the Secretary's review under subsection (a). The report
shall include--
(1) the guidance provided under such subsection; and
(2) a discussion of the rationale for that guidance.
SEC. 805. REVISION AND EXTENSION OF AUTHORITY FOR ADVISORY PANEL ON
REVIEW OF GOVERNMENT PROCUREMENT LAWS AND REGULATIONS.
(a) Relationship of Recommendations to Small Businesses.--Section
1423 of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 106-136; 117 Stat. 1669; 41 U.S.C. 405 note) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Issues Relating to Small Businesses.--In developing
recommendations under subsection (c)(2), the panel shall--
``(1) consider the effects of its recommendations on small
business concerns; and
``(2) include any recommended modifications of laws,
regulations, and policies that the panel considers necessary to
enhance and ensure competition in contracting that affords
small business concerns meaningful opportunity to participate
in Federal Government contracts.''.
(b) Revision and Extension of Reporting Requirement.--Section
1423(d) of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1669; 41 U.S.C. 405 note) is amended--
(1) by striking ``one year after the establishment of the
panel'' and inserting ``one year after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2005'';
(2) by striking ``Services and'' both places it appears and
inserting ``Services,'';
(3) by inserting ``, and Small Business'' after
``Government Reform''; and
(4) by inserting ``, and Small Business and
Entrepreneurship'' after ``Governmental Affairs''.
Subtitle B--General Contracting Authorities, Procedures, and
Limitations, and Other Matters
SEC. 811. INCREASED THRESHOLDS FOR APPLICABILITY OF CERTAIN
REQUIREMENTS.
(a) Senior Procurement Executive Approval of Use of Procedures
Other Than Competitive Procedures.--Section 2304(f)(1)(B) of title 10,
United States Code, is amended by striking ``$50,000,000'' both places
it appears and inserting ``$75,000,000''.
(b) Information on Subcontracting Authority of Defense Contractor
Personnel.--Section 2416(d) of such title is amended by striking
``$500,000'' and inserting ``$1,000,000''.
SEC. 812. PERIOD FOR MULTIYEAR TASK AND DELIVERY ORDER CONTRACTS.
(a) Revised Maximum Period.--Section 2304a(f) of title 10, United
States Code, is amended by striking ``a total period of not more than
five years.'' and inserting ``any period up to five years and may
extend the contract period for one or more successive periods pursuant
to an option provided in the contract or a modification of the
contract. The total contract period as extended may not exceed eight
years unless such head of an agency personally determines in writing
that exceptional circumstances necessitate a longer contract period.''.
(b) Annual Report.--Not later than 60 days after the end of each of
fiscal years 2005 through 2009, the Secretary of Defense shall submit
to Congress a report setting forth each extension of a contract period
to a total of more than eight years that was granted for task and
delivery order contracts of the Department of Defense during such
fiscal year under section 2304a(f) of title 10, United States Code. The
report shall include, with respect to each such contract period
extension--
(1) a discussion of the exceptional circumstances on which
the extension was based; and
(2) the justification for the determination of exceptional
circumstances.
SEC. 813. SUBMISSION OF COST OR PRICING DATA ON NONCOMMERCIAL
MODIFICATIONS OF COMMERCIAL ITEMS.
(a) Inapplicability of Commercial Items Exception to Noncommercial
Modifications of Commercial Items.--Subsection (b) of section 2306a of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(3) Noncommercial modifications of commercial items.--(A)
The exception in paragraph (1)(B) does not apply to cost or
pricing data on noncommercial modifications of a commercial
item that are expected to cost, in the aggregate, more than
$500,000.
``(B) In this paragraph, the term `noncommercial
modification', with respect to a commercial item, means a
modification of such item that is not a modification described
in section 4(12)(C)(i) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)(C)(i)).
``(C) Nothing in subparagraph (A) shall be construed--
``(i) to limit the applicability of the exception
in subparagraph (A) or (C) of paragraph (1) to cost or
pricing data on a noncommercial modification of a
commercial item; or
``(ii) to require the submission of cost or pricing
data on any aspect of an acquisition of a commercial
item other than the cost and pricing of noncommercial
modifications of such item.''.
(b) Effective Date and Applicability.--Paragraph (3) of section
2306a of title 10, United States Code (as added by subsection (a)),
shall take effect on January 1, 2005, and shall apply with respect to
offers submitted, and to modifications of contracts or subcontracts
made, on or after that date.
SEC. 814. DELEGATIONS OF AUTHORITY TO MAKE DETERMINATIONS RELATING TO
PAYMENT OF DEFENSE CONTRACTORS FOR BUSINESS RESTRUCTURING
COSTS.
Section 2325(a)(2) of title 10, United States Code, is amended--
(1) by striking ``paragraph (1) to an official'' and all
that follows and inserting ``paragraph (1), with respect to a
business combination, to an official of the Department of
Defense--''; and
(2) by adding at the end the following:
``(A) below the level of an Assistant Secretary of Defense
for cases in which the amount of restructuring costs is
expected to exceed $25,000,000 over a 5-year period; or
``(B) below the level of the Director of the Defense
Contract Management Agency for all other cases.''.
SEC. 815. LIMITATION REGARDING SERVICE CHARGES IMPOSED FOR DEFENSE
PROCUREMENTS MADE THROUGH CONTRACTS OF OTHER AGENCIES.
(a) Limitation.--(1) Chapter 141 of title 10, United States Code,
is amended by inserting after section 2382 the following new section
2383:
``Sec. 2383. Procurements through contracts of other agencies: service
charges
``(a) Limitation.--The head of an agency may not procure goods or
services (under section 1535 of title 31, pursuant to a designation
under section 11302(e) of title 40, or otherwise) through a contract
entered into by an agency outside the Department of Defense if the
amount charged such head of an agency by the contracting agency for the
goods or services includes a service charge in a total amount that
exceeds one percent of the amount charged by the contractor for such
goods or services under the contract.
``(b) Waiver Authority.--(1) The appropriate official of the
Department of Defense may waive the limitation in subsection (a) in the
case of any procurement for which that official determines that it is
in the national security interests of the United States to do so.
``(2) The appropriate official for exercise of the waiver authority
under paragraph (1) is as follows:
``(A) In the case of a procurement by a Defense Agency or
Department of Defense Field Activity, the Secretary of Defense.
``(B) In the case of a procurement for a military
department, the Secretary of that military department.
``(3)(A) The Secretary of Defense may not delegate the authority
under paragraph (1) to any person other than the Deputy Secretary of
Defense or the Under Secretary of Defense for Acquisition, Technology,
and Logistics.
``(B) The Secretary of a military department may not delegate the
authority under paragraph (1) to any person other than the acquisition
executive of that military department.
``(c) Inapplicability to Contracts for Certain Services.--This
section does not apply to procurements of the following services:
``(1) Printing, binding, or blank-book work to which
section 502 of title 44 applies.
``(2) Services available under programs pursuant to section
103 of the Library of Congress Fiscal Operations Improvement
Act of 2000 (Public Law 106-481; 114 Stat. 2187; 2 U.S.C.
182c).
``(d) Inapplicability to Coast Guard and NASA.--This section does
not apply to the Coast Guard when it is not operating as a service in
the Navy or to the National Aeronautics and Space Administration.
``(e) Definitions.--In this section:
``(1) The term `head of an agency' has the meaning given
such term in section 2302 of this title.
``(2) The term `acquisition executive', with respect to a
military department, means the official who is designated as
the senior procurement executive of that military department
under section 16(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 414(3)).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2382 the
following new item:
``2383. Procurements through contracts of other agencies: service
charges.''.
(b) Effective Date and Applicability.--Section 2383 of title 10,
United States Code, shall take effect on October 1, 2004, and shall
apply with respect to orders for goods or services that are issued by
the head of an agency (as defined in section 2302 of such title) on or
after such date.
SEC. 816. SENSE OF THE SENATE ON EFFECTS OF COST INFLATION ON THE VALUE
RANGE OF THE CONTRACTS TO WHICH A SMALL BUSINESS CONTRACT
RESERVATION APPLIES.
(a) Sense of the Senate.--It is the sense of the Senate that--
(1) in the administration of the requirement for
reservation of contracts for small businesses under subsection
(j) of section 15 of the Small Business Act (15 U.S.C. 644),
the maximum amount in the contract value range provided under
that subsection should be treated as being adjusted to the same
amount to which the simplified acquisition threshold is
increased whenever such threshold is increased under law; and
(2) the Administrator for Federal Procurement Policy, in
consultation with the Federal Acquisition Regulatory Council,
should ensure that appropriate governmentwide policies and
procedures are in place--
(A) to monitor socioeconomic data concerning
purchases made by means of purchase cards or credit
cards issued for use in transactions on behalf of the
Federal Government; and
(B) to encourage the placement of a fair portion of
such purchases with small businesses consistent with
governmentwide goals for small business prime
contracting established under section 15(g) of the
Small Business Act (15 U.S.C. 644(g)).
(b) Simplified Acquisition Threshold Defined.--In this section, the
term ``simplified acquisition threshold'' has the meaning given such
term in section 4(11) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(11)).
Subtitle C--Extensions of Temporary Program Authorities
SEC. 821. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESS
AND CERTAIN INSTITUTIONS OF HIGHER EDUCATION.
Section 2323(k) of title 10, United States Code, is amended by
striking ``2006'' both places it appears and inserting ``2009''.
SEC. 822. EXTENSION OF MENTOR-PROTEGE PROGRAM.
Section 831 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(1) in subsection (j)--
(A) in paragraph (1), by striking ``September 30,
2005'' and inserting ``September 30, 2010''; and
(B) in paragraph (2), by striking ``September 30,
2008'' and inserting ``September 30, 2013''; and
(2) in subsection (l)(3), by striking ``2007'' and
inserting ``2012''.
SEC. 823. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE
SMALL BUSINESS SUBCONTRACTING PLANS.
Section 834(e) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note) is amended
by striking ``September 30, 2005'' and inserting ``September 30,
2010''.
SEC. 824. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES
AND SERVICES OF CERTAIN ARMY INDUSTRIAL FACILITIES.
Section 141(a) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 4543 note) is amended by
striking ``through 2004'' in the first sentence and inserting ``through
2009''.
Subtitle D--Industrial Base Matters
SEC. 831. COMMISSION ON THE FUTURE OF THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) Establishment.--There is established a commission to be known
as the Commission on the Future of the National Technology and
Industrial Base (hereafter in this section referred to as the
``Commission'').
(b) Membership.--(1) The Commission shall be composed of 12 members
appointed by the President.
(2) The members of the Commission shall include--
(A) persons with extensive experience and national
reputations for expertise in the defense industry, commercial
industries that support the defense industry, and the
economics, finance, national security, international trade, or
foreign policy areas; and
(B) persons who are representative of labor organizations
associated with the defense industry, and persons who are
representative of small business concerns or organizations of
small business concerns that are involved in Department of
Defense contracting and other Federal Government contracting.
(3) The appointment of the members of the Commission under this
subsection shall be made not later than March 1, 2005.
(4) Members shall be appointed for the life of the Commission. A
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner in which the original appointment was made.
(5) The President shall designate one member of the Commission to
serve as the Chairman of the Commission.
(c) Meetings.--(1) The Commission shall meet at the call of the
Chairman.
(2) A majority of the members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(d) Duties.--(1) The Commission shall--
(A) study the issues associated with the future of the
national technology and industrial base in the global economy,
particularly with respect to its effect on United States
national security; and
(B) assess the future ability of the national technology
and industrial base to attain the national security objectives
set forth in section 2501 of title 10, United States Code.
(2) In carrying out the study and assessment under paragraph (1),
the Commission shall consider the following matters:
(A) Existing and projected future capabilities of the
national technology and industrial base.
(B) The impact on the national technology and industrial
base of civil-military integration and the growing dependence
of the Department of Defense on the commercial market for
defense products and services.
(C) Any current or projected shortages of a critical
technology (as defined in section 2500(6) of title 10, United
States Code), or the raw materials necessary for the production
of such technology, that could adversely affect the national
security of the United States.
(D) The effects of domestic source restrictions on the
strength of the national technology and industrial base.
(E) The effects of the policies and practices of United
States allies and trading partners on the national technology
and industrial base.
(F) The effects on the national technology and industrial
base of laws and regulations related to international trade and
the export of defense technologies and dual-use technologies.
(G) The adequacy of programs that support science and
engineering education, including programs that support defense
science and engineering efforts at institutions of higher
learning, with respect to meeting the needs of the national
technology and industrial base.
(H) The implementation of policies and planning required
under subchapter II of chapter 148 of title 10, United States
Code, and other provisions of law designed to support the
national technology and industrial base.
(I) The role of the Manufacturing Technology program, other
Department of Defense research and development programs, and
the utilization of the authorities of the Defense Production
Act of 1950 to provide transformational breakthroughs in
advanced manufacturing technologies and processes that ensure
the strength and productivity of the national technology and
industrial base.
(J) The role of small business concerns in strengthening
the national technology and industrial base.
(e) Report.--Not later than March 1, 2007, the Commission shall
submit a report on its activities to the President and Congress. The
report shall include the following matters:
(1) The findings and conclusions of the Commission.
(2) The recommendations of the Commission for actions by
Federal Government officials to support the maintenance of a
robust national technology and industrial base in the 21st
century.
(3) The recommendations of the Commission for addressing
shortages in critical technologies, and shortages of raw
materials necessary for the production of critical
technologies, that could adversely affect the national security
of the United States.
(4) Any recommendations for legislation or changes in
regulations to support the implementation of the findings of
the Commission.
(5) A discussion of appropriate measures to implement the
recommendations of the Commission.
(f) Administrative Requirements and Authorities.--(1) The Director
of the Office of Management and Budget shall ensure that the Commission
is provided such administrative services, facilities, staff, and other
support services as may be necessary for the Commission to carry out
its duties. Expenses of the Commission shall be paid out of funds
available to the Director.
(2) 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 the purposes of this
section.
(3) The Commission may secure directly from any Federal department
or agency such information as the commission considers necessary to
carry out the provisions of this section. Upon a request of the
Chairman of the Commission, the head of such department or agency shall
furnish such information to the Commission.
(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.
(g) Personnel Matters.--(1) Members of the Commission shall serve
without compensation for their service on the Commission, except that
each member of the Commission who is not an officer or employee of the
United States shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the performance
of services for the Commission.
(2) Section 3161 of title 5, United States Code, shall apply to the
Commission, except that--
(A) members of the Commission shall not be entitled to pay
for services under subsection (d) of such section; and
(B) subsection (b)(2) of such section shall not apply to
the employees of the Commission.
(h) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(i) Termination.--The Commission shall terminate 30 days after the
date on which the Commission submits its report under subsection (e).
(j) Definition of National Technology and Industrial Base.--In this
section, the term ``national technology and industrial base'' has the
meaning given such term in section 2500 of title 10, United States
Code.
SEC. 832. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT REQUIREMENTS.
(a) Authority.--Subchapter V of chapter 148 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2539c. Waiver of domestic source or content requirements
``(a) Authority.--Except as provided in subsection (f), the
Secretary of Defense may waive the application of any domestic source
requirement or domestic content requirement referred to in subsection
(b) and thereby authorize the procurement of items that are grown,
reprocessed, reused, produced, or manufactured--
``(1) in a foreign country that has a Declaration of
Principles with the United States;
``(2) in a foreign country that has a Declaration of
Principles with the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a Declaration of Principles with the United States; or
``(3) in the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a Declaration of Principles with the United States.
``(b) Covered Requirements.--For purposes of this section:
``(1) A domestic source requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item that is grown,
reprocessed, reused, produced, or manufactured in the United
States or by a manufacturer that is a part of the national
technology and industrial base (as defined in section 2500(1)
of this title).
``(2) A domestic content requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item produced or
manufactured partly or wholly from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States.
``(c) Applicability.--The authority of the Secretary to waive the
application of a domestic source or content requirements under
subsection (a) applies to the procurement of items for which the
Secretary of Defense determines that--
``(1) application of the requirement would impede the
reciprocal procurement of defense items under a Declaration of
Principles with the United States; and
``(2) such country does not discriminate against defense
items produced in the United States to a greater degree than
the United States discriminates against defense items produced
in that country.
``(d) Limitation on Delegation.--The authority of the Secretary to
waive the application of domestic source or content requirements under
subsection (a) may not be delegated to any officer or employee other
than the Under Secretary of Defense for Acquisition, Technology and
Logistics.
``(e) Consultations.--The Secretary may grant a waiver of the
application of a domestic source or content requirement under
subsection (a) only after consultation with the United States Trade
Representative, the Secretary of Commerce, and the Secretary of State.
``(f) Laws Not Waivable.--The Secretary of Defense may not exercise
the authority under subsection (a) to waive any domestic source or
content requirement contained in any of the following laws:
``(1) The Small Business Act (15 U.S.C. 631 et seq.).
``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
``(3) Sections 7309 and 7310 of this title.
``(4) Section 2533a of this title.
``(g) Relationship to Other Waiver Authority.--The authority under
subsection (a) to waive a domestic source requirement or domestic
content requirement is in addition to any other authority to waive such
requirement.
``(h) Construction With Respect to Later Enacted Laws.--This
section may not be construed as being inapplicable to a domestic source
requirement or domestic content requirement that is set forth in a law
enacted after the enactment of this section solely on the basis of the
later enactment.
``(i) Declaration of Principles.--(1) In this section, the term
`Declaration of Principles' means a written understanding (including
any Statement of Principles) between the Department of Defense and its
counterpart in a foreign country signifying a cooperative relationship
between the Department and its counterpart to standardize or make
interoperable defense equipment used by the armed forces and the armed
forces of the foreign country across a broad spectrum of defense
activities, including--
``(A) harmonization of military requirements and
acquisition processes;
``(B) security of supply;
``(C) export procedures;
``(D) security of information;
``(E) ownership and corporate governance;
``(F) research and development;
``(G) flow of technical information; and
``(H) defense trade.
``(2) A Declaration of Principles is underpinned by a memorandum of
understanding or other agreement providing for the reciprocal
procurement of defense items between the United States and the foreign
country concerned without unfair discrimination in accordance with
section 2531 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2539b the following new item:
``2539c. Waiver of domestic source or content requirements.''.
SEC. 833. CONSISTENCY WITH UNITED STATES OBLIGATIONS UNDER TRADE
AGREEMENTS.
No provision of this Act or any amendment made by this Act shall
apply to a procurement by or for the Department of Defense to the
extent that the Secretary of Defense, in consultation with the
Secretary of Commerce, the United States Trade Representative, and the
Secretary of State, determines that it is inconsistent with United
States obligations under a trade agreement.
SEC. 834. REPEAL OF CERTAIN REQUIREMENTS AND LIMITATIONS RELATING TO
THE DEFENSE INDUSTRIAL BASE.
(a) Essential Item Identification and Domestic Production
Capabilities Improvement.--Sections 812, 813, and 814 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1542, 1543, 1545; 10 U.S.C. 2501 note) are repealed.
(b) Elimination of Unreliable Source for Items and Components.--
Section 821 of such Act (117 Stat. 1546; 10 U.S.C. 2534 note) is
repealed.
Subtitle E--Defense Acquisition and Support Workforce
SEC. 841. LIMITATION AND REINVESTMENT AUTHORITY RELATING TO REDUCTION
OF THE DEFENSE ACQUISITION AND SUPPORT WORKFORCE.
(a) Limitation.--Notwithstanding any other provision of law, the
defense acquisition and support workforce may not be reduced, during
fiscal years 2005, 2006, and 2007, below the level of that workforce as
of September 30, 2003, determined on the basis of full-time employee
equivalence, except as may be necessary to strengthen the defense
acquisition and support workforce in higher priority positions in
accordance with this section.
(b) Increase and Realignment of Workforce.--(1)(A) During fiscal
years 2005, 2006, and 2007, the Secretary of Defense shall increase the
number of persons employed in the defense acquisition and support
workforce as follows:
(i) During fiscal year 2005, to 105 percent of the baseline
number (as defined in subparagraph (B)).
(ii) During fiscal year 2006, to 110 percent of the
baseline number.
(iii) During fiscal year 2007, to 115 percent of the
baseline number.
(B) In this paragraph, the term ``baseline number'', with respect
to persons employed in the defense acquisition and support workforce,
means the number of persons employed in such workforce as of September
30, 2003 (determined on the basis of full-time employee equivalence).
(C) The Secretary of Defense may waive a requirement in
subparagraph (A) and, subject to subsection (a), employ in the defense
acquisition and support workforce a lesser number of employees if the
Secretary determines and certifies to the congressional defense
committees that the cost of increasing such workforce to the larger
size as required under that subparagraph would exceed the savings to be
derived from the additional oversight that would be achieved by having
a defense acquisition and support workforce of such larger size.
(2) During fiscal years 2005, 2006, and 2007, the Secretary of
Defense may realign any part of the defense acquisition and support
workforce to support reinvestment in other, higher priority positions
in such workforce.
(c) Higher Priority Positions.--For the purposes of this section,
higher priority positions in the defense acquisition and support
workforce include the following positions:
(1) Positions the responsibilities of which include
drafting performance-based work statements for services
contracts and overseeing the performance of contracts awarded
pursuant to such work statements.
(2) Positions the responsibilities of which include
conducting spending analyses, negotiating company-wide pricing
agreements, and taking other measures to reduce contract costs.
(3) Positions the responsibilities of which include
reviewing contractor quality control systems, assessing and
analyzing quality deficiency reports, and taking other measures
to improve product quality.
(4) Positions the responsibilities of which include
effectively conducting public-private competitions in
accordance with Office of Management and Budget Circular A-76.
(5) Any other positions in the defense acquisition and
support workforce that the Secretary of Defense identifies as
being higher priority positions that are staffed at levels not
likely to ensure efficient and effective performance of all of
the responsibilities of those positions.
(d) Strategic Assessment and Plan.--(1) The Secretary of Defense
shall--
(A) assess the extent to which the Department of Defense
can recruit, retain, train, and provide professional
development opportunities for acquisition professionals over
the 10-fiscal year period beginning with fiscal year 2005; and
(B) develop a human resources strategic plan for the
defense acquisition and support workforce that includes
objectives and planned actions for improving the management of
such workforce.
(2) The Secretary shall submit to Congress, not later than April 1,
2005, a report on the progress made in--
(A) completing the assessment required under paragraph (1);
and
(B) completing and implementing the strategic plan required
under such paragraph.
(e) Defense Acquisition and Support Workforce Defined.--In this
section, the term ``defense acquisition and support workforce'' means
members of the Armed Forces and civilian personnel who are assigned to,
or are employed in, an organization of the Department of Defense that
has acquisition as its predominant mission, as determined by the
Secretary of Defense.
SEC. 842. DEFENSE ACQUISITION WORKFORCE IMPROVEMENTS.
(a) Selection Criteria for Acquisition Corps and for Critical
Acquisition Positions.--(1) Section 1732(b)(1)(A) of title 10, United
States Code, is amended by striking ``within grade GS-13 or above of''
and inserting ``for which the employee is being paid at a rate of basic
pay that equals or exceeds the minimum rate of basic pay provided for
grade GS-13 under''.
(2) Section 1733(b)(1)(A)(i) of such title is amended by striking
``in a position within grade GS-14 or above of the General Schedule,
or'' and inserting ``who is currently serving in a position for which
the employee is being paid at a rate of basic pay that equals or
exceeds the minimum rate of basic pay provided for grade GS-14 under
the General Schedule or is required to be filled by an employee who
is''.
(b) Scholarship Program.--Section 1742 of such title is amended--
(1) by inserting ``(a) Required Programs.--''
before ``The Secretary of Defense shall conduct''; and
(2) by adding at the end the following new subsection:
``(b) Scholarship Program Requirements.--(1) Each recipient of a
scholarship under a program conducted under subsection (a)(3) shall be
required to sign a written agreement that sets forth the terms and
conditions of the scholarship. The agreement shall include the
following:
``(A) Criteria for the recipient's continued eligibility
for the scholarship.
``(B) The terms of any requirement for the recipient to
reimburse the United States for educational assistance provided
under the scholarship upon--
``(i) a failure by the recipient to satisfy the
criteria for continued eligibility for the scholarship;
or
``(ii) a termination of the recipient's service in
the Department of Defense before the end of any period
of obligated service provided in the agreement, as
described in paragraph (2).
``(2) Subject to paragraph (3)(C), a recipient of a scholarship
under the program shall reimburse the United States the total amount of
educational assistance provided to the recipient under the program if
the recipient is voluntarily separated from service or involuntarily
separated for cause from the Department of Defense before the end of
any period for which the recipient has agreed, as a condition of the
scholarship, to continue in the service of the Department of Defense in
an acquisition position.
``(3)(A) If an employee fails to fulfill an agreement to pay the
Government any amount of educational assistance provided to that person
under the program, a sum equal to such amount of the educational
assistance is recoverable by the Government from the employee or his
estate by--
``(i) setoff against accrued pay, compensation, amount of
retirement credit, or other amount due the employee from the
Government; and
``(ii) such other method as is provided by law for the
recovery of amounts owing to the Government.
``(B) An obligation to reimburse the United States under an
agreement entered into under this subsection is for all purposes a debt
owed to the United States.
``(C) The Secretary of Defense may waive in whole or in part a
reimbursement required under this subsection or under an agreement
entered into under this subsection if the Secretary determines that the
recovery would be against equity and good conscience or would be
contrary to the best interests of the United States.
``(D) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement entered into
under this subsection does not discharge a person executing the
agreement from a debt arising under this subsection or such agreement.
``(4) Nothing in this subsection shall be considered to require
that a position be offered to a recipient of a scholarship under the
program after such recipient successfully completes the course of
education for which the scholarship is granted. However, the agreement
entered into under this subsection with respect to such scholarship
shall be considered terminated if the recipient is not, within the time
specified in the agreement, offered a full-time acquisition position in
the Department of Defense that--
``(A) is commensurate with the recipient's academic degree
and experience; and
``(B) is--
``(i) in the excepted service, if the recipient has
not previously acquired competitive status, with the
right, after successful completion of two years of
service and such other requirements as the Office of
Personnel Management may prescribe, to be appointed to
a position in the competitive service, notwithstanding
subchapter I of chapter 33 of title 5; or
``(ii) in the competitive service, if the recipient
has previously acquired competitive status.''.
(c) Authority To Establish Different Minimum Requirements.--(1)
Section 1764(b) of such title is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Deputy program manager.''.
(2) Paragraph (1) of such section is amended by striking ``in
paragraph (5)'' and inserting ``in paragraph (6)''.
Subtitle F--Public-Private Competitions
SEC. 851. PUBLIC-PRIVATE COMPETITION FOR WORK PERFORMED BY CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
(a) Limitation.--Section 2461(b) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(5)(A) Notwithstanding subsection (d), a function of the
Department of Defense performed by 10 or more civilian employees may
not be converted, in whole or in part, to performance by a contractor
unless the conversion is based on the results of a public-private
competition process that--
``(i) formally compares the cost of civilian employee
performance of that function with the costs of performance by a
contractor;
``(ii) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management and
Budget Circular A-76, as implemented on May 29, 2003;
``(iii) requires continued performance of the function by
civilian employees unless the competitive sourcing official
concerned determines that, over all performance periods stated
in the solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the Department
of Defense by an amount that equals or exceeds the lesser of
$10,000,000 or 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; and
``(iv) ensures that the public sector bid would not be
disadvantaged in the cost comparison process by a proposal of
an offeror to reduce costs for the Department of Defense by not
making an employer-sponsored health insurance plan available to
the workers who are to be employed in the performance of such
function under a contract or by offering to such workers an
employer-sponsored health benefits plan that requires the
employer to contribute less towards the premium or subscription
share than that which is paid by the Department of Defense for
health benefits for civilian employees under chapter 89 of
title 5.
``(B) Any function that is performed by civilian employees of the
Department of Defense and is proposed to be reengineered, reorganized,
modernized, upgraded, expanded, or changed in order to become more
efficient shall not be considered a new requirement for the purpose of
the competition requirements in subparagraph (A) or the requirements
for public-private competition in Office of Management and Budget
Circular A-76.
``(C) A function performed by more than 10 Federal Government
employees may not be separated into separate functions for the purposes
of avoiding the competition requirement in subparagraph (A) or the
requirements for public-private competition in Office of Management and
Budget Circular A-76.
``(D) The Secretary of Defense may waive the requirement for a
public-private competition under subparagraph (A) in specific instances
if--
``(i) the written waiver is prepared by the Secretary of
Defense or the relevant Assistant Secretary of Defense,
Secretary of a military department, or head of a Defense
Agency;
``(ii) the written waiver is accompanied by a detailed
determination that national security interests are so
compelling as to preclude compliance with the requirement for a
public-private competition; and
``(iii) a copy of the waiver is published in the Federal
Register within 10 working days after the date on which the
waiver is granted, although use of the waiver need not be
delayed until its publication.''.
(b) Inapplicability to Best-Value Source Selection Pilot Program.--
(1) Paragraph (5) of section 2461(b) of title 10, United States Code,
as added by subsection (a), shall not apply with respect to the pilot
program for best-value source selection for performance of information
technology services authorized by section 336 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1444; 10 U.S.C. 2461 note).
SEC. 852. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT EMPLOYEES.
(a) Guidelines.--(1) The Secretary of Defense shall prescribe
guidelines and procedures for ensuring that consideration is given to
using Federal Government employees on a regular basis for work that is
performed under Department of Defense contracts and could be performed
by Federal Government employees.
(2) The guidelines and procedures prescribed under paragraph (1)
shall provide for special consideration to be given to contracts that--
(A) have been performed by Federal Government employees at
any time on or after October 1, 1980;
(B) are associated with the performance of inherently
governmental functions;
(C) were not awarded on a competitive basis; or
(D) have been determined by a contracting officer to be
poorly performed due to excessive costs or inferior quality.
(b) New Requirements.--(1) No public-private competition may be
required under Office of Management and Budget Circular A-76 or any
other provision of law or regulation before the performance of a new
requirement by Federal Government employees commences, the performance
by Federal Government employees of work pursuant to subsection (a)
commences, or the scope of an existing activity performed by Federal
Government employees is expanded. Office of Management and Budget
Circular A-76 shall be revised to ensure that the heads of all Federal
agencies give fair consideration to the performance of new requirements
by Federal Government employees.
(2) The Secretary of Defense shall, to the maximum extent
practicable, ensure that Federal Government employees are fairly
considered for the performance of new requirements, with special
consideration given to new requirements that include functions that--
(A) are similar to functions that have been performed by
Federal Government employees at any time on or after October 1,
1980; or
(B) are associated with the performance of inherently
governmental functions.
(c) Use of Flexible Hiring Authority.--The Secretary shall include
the use of the flexible hiring authority available through the National
Security Personnel System in order to facilitate performance by Federal
Government employees of new requirements and work that is performed
under Department of Defense contracts.
(d) Inspector General Report.--Not later than 180 days after the
enactment of this Act, the Inspector General of the Department of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the compliance of the
Secretary of Defense with the requirements of this section.
(e) Definitions.--In this section:
(1) The term ``National Security Personnel System'' means
the human resources management system established under the
authority of section 9902 of title 5, United States Code.
(2) The term ``inherently governmental function'' has the
meaning given that term in section 5 of the Federal Activities
Inventory Reform Act of 1998 (Public Law 105-270; 112 Stat.
2384; 31 U.S.C. 501 note).
SEC. 853. COMPETITIVE SOURCING REPORTING REQUIREMENT.
Not later than February 1, 2005, the Inspector General of the
Department of Defense shall submit to Congress a report addressing
whether the Department of Defense--
(1) employs a sufficient number of adequately trained
civilian employees--
(A) to conduct satisfactorily, taking into account
equity, efficiency and expeditiousness, all of the
public-private competitions that are scheduled to be
undertaken by the Department of Defense during the next
fiscal year (including a sufficient number of employees
to formulate satisfactorily the performance work
statements and most efficient organization plans for
the purposes of such competitions); and
(B) to administer any resulting contracts; and
(2) has implemented a comprehensive and reliable system to
track and assess the cost and quality of the performance of
functions of the Department of Defense by service contractors.
Subtitle G--Other Matters
SEC. 861. INAPPLICABILITY OF CERTAIN FISCAL LAWS TO SETTLEMENTS UNDER
SPECIAL TEMPORARY CONTRACT CLOSEOUT AUTHORITY.
Section 804(a) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1541) is amended--
(1) by inserting ``(1)'' after ``(a) Authority.--''; and
(2) by adding at the end the following new paragraph:
``(2) Under regulations which the Secretary of Defense may
prescribe, a settlement of a financial account for a contract for the
procurement of property or services under paragraph (1) may be made
without regard to--
``(A) section 1301 of title 31, United States Code; and
``(B) any other provision of law that would preclude the
Secretary from charging payments under the contract--
``(i) to an unobligated balance in an appropriation
available for funding that contract; or
``(ii) if and to the extent that the unobligated
balance (if any) in such appropriation is insufficient
for funding such payments, to any current appropriation
that is available to the Department of Defense for
funding contracts for the procurement of the same or
similar property or services.''.
SEC. 862. DEMONSTRATION PROGRAM ON EXPANDED USE OF RESERVES TO PERFORM
DEVELOPMENTAL TESTING, NEW EQUIPMENT TRAINING, AND
RELATED ACTIVITIES.
(a) Requirement for Program.--The Secretary of the Army shall carry
out a demonstration program on use of members of reserve components of
the Armed Forces to perform test, evaluation, and related activities
for an acquisition program. The Secretary shall design and carry out
the demonstration program to achieve the purposes set forth in
subsection (b).
(b) Purposes.--The purposes of the demonstration program are as
follows:
(1) To determine whether cost savings and other benefits
result from use of members of reserve components of the Armed
Forces instead of contractor personnel to perform test and
evaluation activities for an acquisition program and related
acquisition, logistics, and new equipment training activities
for the acquisition program.
(2) To evaluate the advisability of using appropriations
available for multiyear research, development, test, and
evaluation and appropriations available for multiyear
procurements to reimburse reserve components for the pay,
allowances, and other expenses paid to or for Reserves used for
the acquisition program as described in paragraph (1).
(c) Reimbursement of Personnel Accounts Out of Procurement and
RDT&E Accounts.--(1) The Secretary of the Army may transfer from funds
available to the Army for an acquisition program to a reserve component
military personnel account the amount necessary to reimburse that
account for costs charged to that account for military pay and
allowances in connection with the use of reserve component personnel
for such acquisition program under this section.
(2) Not more than $10,000,000 may be transferred under this
subsection during any fiscal year of the demonstration program.
(3) Funds transferred to an account under this subsection shall be
merged with other sums in the account and shall be available for the
same period and purposes as the sums with which merged.
(4) The transfer authority under this subsection is in addition to
any other transfer authority provided in this or any other Act.
(d) Nonwaiver of Personnel and Training Policies and Procedures.--
Nothing in this section may be construed to authorize any deviation
from established personnel or training policies or procedures that are
applicable to the reserve components of the personnel used under the
demonstration program.
(e) Termination.--The demonstration program under this section
shall terminate on September 30, 2009.
SEC. 863. APPLICABILITY OF COMPETITION EXCEPTIONS TO ELIGIBILITY OF
NATIONAL GUARD FOR FINANCIAL ASSISTANCE FOR PERFORMANCE
OF ADDITIONAL DUTIES.
Section 113(b)(1)(B) of title 32, United States Code, is amended by
inserting before the period at the end the following: ``, subject to
the exceptions provided in section 2304(c) of title 10''.
SEC. 864. MANAGEMENT PLAN FOR CONTRACTOR SECURITY PERSONNEL.
(a) Requirement for Plan.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees, the Select Committee on Intelligence
of the Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives a plan for the management and oversight of
contractor security personnel by Federal Government personnel in areas
where the Armed Forces are engaged in military operations. In the
preparation of such plan, the Secretary shall coordinate, as
appropriate, with the heads of other departments and agencies of the
Federal Government that would be affected by the implementation of the
plan.
(b) Policies and Procedures.--The plan under this section shall set
forth policies and procedures applicable to contractor security
personnel in potentially hazardous areas of military operations. The
policies and procedures shall address the following matters:
(1) Warning contractor security personnel of potentially
hazardous situations.
(2) Coordinating the movement of contractor security
personnel, especially through areas of increased risk or
planned or ongoing military operations.
(3) Rapidly identifying contractor security personnel by
members of the Armed Forces.
(4) Sharing relevant threat information with contractor
security personnel, and receiving information gathered by
contractor security personnel for use by United States and
coalition forces.
(5) Providing appropriate assistance to contractor security
personnel who become engaged in hostile situations.
(6) Providing medical assistance for, and evacuation of,
contractor personnel who become casualties as a result of enemy
actions.
(7) Investigating background and qualifications of
contractor security personnel and organizations.
(8) Establishing rules of engagement for armed contractor
security personnel, and ensuring proper training and compliance
with the rules of engagement.
(c) Options for Enhanced and Cost-Effective Contractor Security.--
The plan under subsection (a) shall include assessed options for
enhancing contractor security and reducing contractor security costs in
Iraq or in locations of armed conflict in the future. The options
covered shall include the following:
(1) Temporary commissioning of contractor security
personnel as reserve component officers in order to subject
such personnel to the military chain of command.
(2) Requiring contractor security personnel to obtain
security clearances to facilitate the communication of critical
threat information.
(3) Establishing a contract schedule for companies
furnishing contractor security personnel to provide a more
orderly process for the selection, training, and compensation
of such personnel.
(4) Establishing a contract schedule for companies to
provide more cost-effective insurance for contractor security
personnel.
(5) Providing for United States indemnification of
contractors to reduce the costs of insuring contractor security
personnel.
SEC. 865. REPORT ON CONTRACTOR PERFORMANCE OF SECURITY, INTELLIGENCE,
LAW ENFORCEMENT, AND CRIMINAL JUSTICE FUNCTIONS IN IRAQ.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the procurement of
services, by an agency of the United States Government or by the
Coalition Provisional Authority, for the performance of security,
intelligence, law enforcement, and criminal justice functions in Iraq.
(b) Content.--The report under subsection (a) shall include, at a
minimum, the following:
(1) Each security, intelligence, law enforcement, or
criminal justice function performed by a contractor in Iraq.
(2) For each such function--
(A) a determination of whether such function is an
inherently governmental function, together with a
discussion of the factual basis and rationale for that
determination;
(B) an explanation of the basis for the decision to
rely on a contractor to perform such function,
including a discussion of the extent to which the Armed
Forces lacked the expertise or manpower to perform that
function using Armed Forces personnel;
(C) a description of the chain of command for the
contractor performing such function, together with a
discussion of the manner in which the United States
Government or the Coalition Provisional Authority
supervises and directs the contractor's performance of
that function; and
(D) what sanctions are available to impose on any
contractor employee who--
(i) fails to comply with a requirement of
law or regulation that applies to such employee
in the performance of that function; or
(ii) engages in other misconduct in the
performance of that function.
(3) An explanation of the legal status of contractor
employees in the performance of such functions after the
administration of the sovereign powers of Iraq is transferred
from the Coalition Provisional Authority to a government of
Iraq on June 30, 2004.
(c) Coordination.--In the preparation of the report under this
section, the Secretary of Defense shall coordinate, as appropriate,
with the heads of any departments and agencies of the Federal
Government that are involved in the procurement of services for the
performance of functions described in subsection (a).
(d) Additional Congressional Recipients.--In addition to submitting
the report under this section to the congressional defense committees,
the Secretary of Defense shall also submit the report to the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 866. ACCREDITATION STUDY OF COMMERCIAL OFF-THE-SHELF PROCESSES FOR
EVALUATING INFORMATION TECHNOLOGY PRODUCTS AND SERVICES.
(a) Requirement for Study.--The Secretary of Defense shall carry
out a study of commercial off-the-shelf processes that are available
for measuring the quality of information technology and related
services through assessment of the production methods of the producers
of the technology.
(b) Purposes.--The purposes of the study of commercial off-the-
shelf processes under subsection (a) are as follows:
(1) To assess the value of such a process as a consistent
methodology for identifying high quality information technology
and the engineering sources capable of providing high quality
information technology and related services.
(2) To determine whether to accredit such a process for use
in procurements of information technology and related services
throughout the Department of Defense.
(c) Savings and Enhancements.--In carrying out the study under
subsection (a), the Secretary shall determine the benefits that would
result for the Department of Defense from use throughout the Department
of Defense of a commercial off-the-shelf process described in that
subsection to measure the quality of information technology products
and services in procurements described in subsection (b)(2),
including--
(1) projected annual savings in costs of development and
maintenance of information technology; and
(2) quantified enhancements of productivity, schedule,
performance, deficiency rates, and predictability.
(d) Baseline Data.--To define a baseline for measuring benefits
under subsection (c), the Secretary shall use empirical data that is
readily available to the Department of Defense and contractor sources.
(e) Information Considered.--The Secretary of Defense may consider
projections of savings and quantifications of enhancements that are
submitted by a contractor.
(f) Information Technology Defined.--In this section, the term
``information technology'' has the meaning given such term in section
11101(6) of title 40, United States Code.
SEC. 867. CONTRACTOR PERFORMANCE OF ACQUISITION FUNCTIONS CLOSELY
ASSOCIATED WITH INHERENTLY GOVERNMENTAL FUNCTIONS.
(a) Limitation.--(1) Chapter 141 of title 10, United States Code,
is amended by inserting after section 2382 the following new section:
``Sec. 2383. Contractor performance of acquisition functions closely
associated with inherently governmental functions
``(a) Limitation.--The head of an agency may enter a contract for
the performance of acquisition functions closely associated with
inherently governmental functions only if the Secretary determines
that--
``(1) appropriate military or civilian personnel of the
Department of Defense cannot reasonably be made available to
perform the functions;
``(2) appropriate military or civilian personnel of the
Department of Defense are--
``(A) to supervise contractor performance of the
contract; and
``(B) to perform all inherently governmental
functions associated with the functions to be performed
under the contract; and
``(3) the contractor does not have an organizational
conflict of interest or the appearance of an organizational
conflict of interest in the performance of the functions under
the contract.
``(b) Definitions.--In this section:
``(1) The term `head of an agency' has the meaning given
such term in section 2302(1) of this title, except that such
term does not include the Secretary of Homeland Security or the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) The term `inherently governmental functions' has the
meaning given such term in subpart 7.5 of part 7 of the Federal
Acquisition Regulation.
``(3) The term `functions closely associated with
inherently governmental functions' means the functions
described in section 7.503(d) of the Federal Acquisition
Regulation.
``(4) The term `organizational conflict of interest' has
the meaning given such term in subpart 9.5 of part 9 of the
Federal Acquisition Regulation.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2382 the
following new item:
``2383. Contractor performance of acquisition functions closely
associated with inherently governmental
functions.''.
(b) Effective Date and Applicability.--Section 2383 of title 10,
United States Code (as added by subsection (a)), shall take effect on
the date of enactment of this Act and shall apply to--
(1) contracts entered into on or after such date;
(2) any task or delivery order issued on or after such date
under a contract entered into before, on, or after such date;
and
(3) any decision on or after such date to exercise an
option or otherwise extend a contract for program management or
oversight of contracts for the reconstruction of Iraq,
regardless of whether such program management or oversight
contract was entered into before, on, or after the date of
enactment of this Act.
SEC. 868. CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES.
(a) Inapplicability of Randolph-Sheppard Act.--The Randolph-
Sheppard Act does not apply to any contract described in subsection (b)
for so long as the contract is in effect, including for any period for
which the contract is extended pursuant to an option provided in the
contract.
(b) Javits-Wagner-O'Day Contracts.--Subsection (a) applies to any
contract for the operation of a military mess hall, military troop
dining facility, or any similar dining facility operated for the
purpose of providing meals to members of the Armed Forces that--
(1) was entered into before the date of the enactment of
this Act with a nonprofit agency for the blind or an agency for
other severely handicapped in compliance with section 3 of the
Javits-Wagner-O'Day Act (41 U.S.C. 48); and
(2) either--
(A) is in effect on such date; or
(B) was in effect on the date of the enactment of
the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136).
(c) Repeal of Superseded Law.--Section 852 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1556) is repealed.
SEC. 869. ENERGY SAVINGS PERFORMANCE CONTRACTS.
The Secretary of Defense shall, to the extent practicable, exercise
existing statutory authority, including the authority provided by
section 2865 of title 10, United States Code, and section 8256 of title
42, United States Code, to introduce life-cycle cost-effective upgrades
to Federal assets through shared energy savings contracting, demand
management programs, and utility incentive programs.
SEC. 870. AVAILABILITY OF FEDERAL SUPPLY SCHEDULE SUPPLIES AND SERVICES
TO UNITED SERVICE ORGANIZATIONS, INCORPORATED.
Section 220107 of title 36, United States Code, is amended by
inserting after ``Department of Defense'' the following: ``, including
access to General Services Administration supplies and services through
the Federal Supply Schedule of the General Services Administration,''.
SEC. 871. ACQUISITION OF AERIAL REFUELING AIRCRAFT FOR THE AIR FORCE.
(a) Compliance With Applicable Requirements.--The Secretary of
Defense shall ensure that the Secretary of the Air Force does not
proceed with the acquisition of aerial refueling aircraft for the Air
Force by lease or other contract, either with full and open competition
or under section 135 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1413) until the date
that is 60 days after the date on which the Secretary Defense has--
(1) reviewed all documentation for the acquisition,
including--
(A) the completed aerial refueling analysis of
alternatives (AOA) required by section 134(b) of the
National Defense Authorization Act for Fiscal Year
2004, pursuant to ``Analysis of Alternatives (AoA)
Guidance of KC-135 Recapitalization'', dated February
24, 2004;
(B) the completed aerial refueling portion of the
Mobility Capabilities Study;
(C) a new validated capabilities document in
accordance with the applicable Chairman of Joint Chiefs
of Staff Instruction; and
(D) the approval of a Defense Acquisition Board in
accordance with Department of Defense regulations; and
(2) submitted to the congressional defense committees a
determination in writing that the acquisition is in compliance
with all currently applicable laws, Office of Management and
Budget circulars, and regulations.
(b) Independent Review.--Not later than 45 days after the Secretary
of Defense makes the determination described in paragraph (2) of
subsection (a), the Comptroller General and the Inspector General of
the Department of Defense shall each review the documentation referred
to in paragraph (1) of such subsection and submit to the congressional
defense committees a report on the extent to which the acquisition is--
(1) in compliance with the requirements of this section and
all currently applicable laws, Office of Management and Budget
circulars, and regulations; and
(2) consistent with the analysis of alternatives referred
to in subparagraph (A) of subsection (a)(1) and the other
documentation referred to in such subsection.
(c) Limitation on Acquisition Beyond Low-Rate Initial Production.--
(1) The acquisition by lease or other contract of any aerial refueling
aircraft for the Air Force beyond low-rate initial production shall be
subject to, and for such acquisition the Secretary of the Air Force
shall comply with, the requirements of sections 2366 and 2399 of title
10, United States Code.
(2) For the purposes of this subsection, the term ``low-rate
initial production'', with respect to a lease, shall have the same
meaning as applies in the administration of sections 2366 and 2399 of
title 10, United States Code, with regard to any other form of
acquisition.
(d) Source Selection for Integrated Support of Aerial Refueling
Aircraft Fleet.--For the selection of a provider of integrated support
for the aerial refueling aircraft fleet in any acquisition by lease or
other contract of aerial refueling aircraft for the Air Force, the
Secretary of the Air Force shall--
(1) before selecting the provider, perform all analyses
required by law of--
(A) the costs and benefits of--
(i) the alternative of using Federal
Government personnel to provide such support;
and
(ii) the alternative of using contractor
personnel to provide such support;
(B) the core logistics requirements;
(C) use of performance-based logistics; and
(D) the length of contract period; and
(2) select the provider on the basis of fairly conducted
full and open competition (as defined in section 4(6) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(6))).
(e) Price Information.--Before the Secretary of the Air Force
commits to acquiring by lease or other contract any aerial refueling
aircraft for the Air Force, the Secretary shall require the
manufacturer to provide, with respect to commercial items covered by
the lease or contract, appropriate information on the prices at which
the same or similar items have previously been sold that is adequate
for evaluating the reasonableness of the price for the items.
(f) Audit Services.--The Secretary of the Air Force shall contact
the Office of the Inspector General for the Department of Defense for
review and approval of any Air Force use of non-Federal audit services
for any lease or other contract for the acquisition of aerial refueling
aircraft.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Reserve Components
SEC. 901. MODIFICATION OF STATED PURPOSE OF THE RESERVE COMPONENTS.
Section 10102 of title 10, United States Code, is amended by
striking ``, during and after the period needed to procure and train
additional units and qualified persons to achieve the planned
mobilization,''.
SEC. 902. COMMISSION ON THE NATIONAL GUARD AND RESERVES.
(a) Establishment.--There is established a commission to be known
as the ``Commission on the National Guard and Reserves'' (hereafter in
this section referred to as the ``Commission'').
(b) Composition.--(1) The Commission shall be composed of 13
members appointed as follows:
(A) Three members appointed by the chairman of the
Committee on Armed Services of the Senate.
(B) Three members appointed by the chairman of the
Committee on Armed Services of the House of Representatives.
(C) Two members appointed by the ranking minority member of
the Committee on Armed Services of the Senate.
(D) Two members appointed by the ranking minority member of
the Committee on Armed Service of the House of Representatives.
(E) Three members appointed by the Secretary of Defense.
(2) The members of the Commission shall be appointed from among
persons who have knowledge and expertise in the following areas:
(A) National security.
(B) Roles and missions of any of the Armed Forces.
(C) The mission, operations, and organization of the
National Guard of the United States.
(D) The mission, operations, and organization of the other
reserve components of the Armed Forces.
(E) Military readiness of the Armed Forces.
(F) Personnel pay and other forms of compensation.
(G) Other personnel benefits, including health care.
(3) Members of the Commission shall be appointed for the life of
the Commission. A vacancy in the membership of the Commission shall not
affect the powers of the Commission, but shall be filled in the same
manner as the original appointment.
(4) The Secretary of Defense shall designate a member of the
Commission to be chairman of the Commission.
(c) Duties.--(1) The Commission shall carry out a study of the
following matters:
(A) The roles and missions of the National Guard and the
other reserve components of the Armed Forces.
(B) The compensation and other benefits, including health
care benefits, that are provided for members of the reserve
components under the laws of the United States.
(2) In carrying out the study under paragraph (1), the Commission
shall--
(A) assess the current roles and missions of the reserve
components and identify appropriate potential future roles and
missions for the reserve components;
(B) assess the capabilities of the reserve components and
determine how the units and personnel of the reserve components
may be best used to support the military operations of the
Armed Forces and the achievement of national security
objectives, including homeland defense, of the United States;
(C) assess--
(i) the current organization and structure of the
National Guard and the other reserve components; and
(ii) the plans of the Department of Defense and the
Armed Forces for future organization and structure of
the National Guard and the other reserve components;
(D) assess the manner in which the National Guard and the
other reserve components are currently organized and funded for
training and identify an organizational and funding structure
for training that best supports the achievement of training
objectives and operational readiness;
(E) assess the effectiveness of the policies and programs
of the National Guard and the other reserve components for
achieving operational readiness and personnel readiness,
including medical and personal readiness;
(F) assess--
(i) the adequacy and appropriateness of the
compensation and benefits currently provided for the
members of the National Guard and the other reserve
components, including the availability of health care
benefits and health insurance; and
(ii) the effects of proposed changes in
compensation and benefits on military careers in both
the regular and the reserve components of the Armed
Forces;
(G) identify various feasible options for improving the
compensation and other benefits available to the members of the
National Guard and the members of the other reserve components
and assess--
(i) the cost-effectiveness of such options; and
(ii) the foreseeable effects of such options on
readiness, recruitment, and retention of personnel for
careers in the regular and reserve components the Armed
Forces;
(H) assess the traditional military career paths for
members of the National Guard and the other reserve components
and identify alternative career paths that could enhance
professional development; and
(I) assess the adequacy of the funding provided for the
National Guard and the other reserve components for several
previous fiscal years, including the funding provided for
National Guard and reserve component equipment and the funding
provided for National Guard and other reserve component
personnel in active duty military personnel accounts and
reserve military personnel accounts.
(d) First Meeting.--The Commission shall hold its first meeting not
later than 30 days after the date on which all members of the
Commission have been appointed.
(e) Administrative and Procedural Authorities.--(1) Except as
provided in paragraph (2), sections 955, 956, 957, 958, and 959 of the
National Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1740; 10 U.S.C 111 note) shall apply to the
Commission.
(2)(A) The daily rate of pay payable under section 957(a) of Public
Law 103-160 shall be equal to the daily rate of basic pay prescribed
for level IV of the Executive Schedule.
(B) Section 957(f) of Public Law 103-160 (relating to services of
federally funded research and development centers) shall not apply to
the Commission.
(3) The following provisions of law do not apply to the Commission:
(A) Section 3161 of title 5, United States Code.
(B) The Federal Advisory Committee Act (5 U.S.C. App.).
(f) Reports.--(1) Not later than March 31, 2005, the Commission
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report setting forth--
(A) a strategic plan for the work of the Commission;
(B) a discussion of the activities of the Commission; and
(C) any initial findings of the Commission.
(2) Not later than December 31, 2005, the Commission shall submit a
final report to the Committees of Congress referred to in paragraph
(1). The final report shall include any recommendations that the
Commission determines appropriate, including any recommended
legislation, policies, regulations, directives, and practices.
(g) Termination.--The Commission shall terminate 90 days after the
date on which the final report is submitted under subsection (f)(2).
(h) Annual Review Board.--(1)(A) Chapter 7 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 186. Reserve components: annual review
``(a) Independent Review Board.--The Secretary of Defense shall
appoint a board to review the reserve components of the armed forces.
``(b) Composition of Board.--(1) The Secretary shall appoint the
members of the board from among persons who have knowledge and
expertise in the following areas:
``(A) National security.
``(B) Roles and missions of any of the armed forces.
``(C) The mission, operations, and organization of any of
the reserve components.
``(D) Military readiness of the armed forces.
``(E) Personnel pay and other forms of compensation.
``(F) Other personnel benefits, including health care.
``(2) The Secretary of Defense shall designate a member of the
board to be chairman of the board.
``(c) Duties.--The board shall, on an annual basis--
``(1) review--
``(A) the roles and missions of the reserve
components; and
``(B) the compensation and other benefits,
including health care benefits, that are provided for
members of the reserve components under the laws of the
United States; and
``(2) submit to the Secretary of Defense a report on the
review, which shall include the findings of the board regarding
the matters reviewed and any recommendations that the board
considers appropriate regarding those matters.
``(d) Report to Congress.--Promptly after receiving the report
under subsection (c)(2), the Secretary shall transmit the report,
together with any comments and recommendations that the Secretary
considers appropriate, to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives.
``(e) Administrative Provisions.--Section 180(d) of this title
shall apply to the members of the review board appointed under this
section.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``186. Reserve components: annual review.''.
(2) The first review board under section 186 of title 10, United
States Code (as added by paragraph (1)), shall be appointed during
fiscal year 2006.
SEC. 903. CHAIN OF SUCCESSION FOR THE CHIEF OF THE NATIONAL GUARD
BUREAU.
(a) Senior Officer.--(1) Section 10502 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(e) Succession.--Unless otherwise directed by the President or
the Secretary of Defense, the most senior officer among the officers of
the Army National Guard of the United States and the officers of the
Air National Guard of the United States performing the duties of
positions in the National Guard Bureau shall act as the Chief of the
National Guard Bureau during any period that--
``(1) there is a vacancy in the position of Chief of the
National Guard Bureau; or
``(2) the Chief is unable to perform the duties of that
position.''.
(2)(A) The heading of such section is amended by adding at the end
the following: ``; succession''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 1011 of such title is amended to read as
follows:
``10502. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade;
succession.''.
(b) Conforming Amendment.--Section 10505 of such title is amended
by striking subsections (d) and (e).
SEC. 904. REDESIGNATION OF VICE CHIEF OF THE NATIONAL GUARD BUREAU AS
DIRECTOR OF THE JOINT STAFF OF THE NATIONAL GUARD BUREAU.
(a) Redesignation of Position.--Subsection (a)(1) of section 10505
of title 10, United States Code, is amended by striking ``Vice Chief of
the National Guard Bureau'' and inserting ``Director of the Joint Staff
of the National Guard Bureau''.
(b) Conforming Amendments.--(1) Subsections (a)(3)(A), (a)(3)(B),
(b), (c), and (d) of section 10505 of title 10, United States Code, are
amended by striking ``Vice Chief of the National Guard Bureau'' and
inserting ``Director of the Joint Staff of the National Guard Bureau''.
(2) Subsection (a)(3)(B) of such section, as amended by paragraph
(1), is further amended by striking ``as the Vice Chief'' and inserting
``as the Director''.
(3) Paragraphs (2) and (4) of subsection (a) of such section are
amended by striking ``Chief and Vice Chief of the National Guard
Bureau'' and inserting ``Chief of the National Guard Bureau and the
Director of the Joint Staff of the National Guard Bureau''.
(4)(A) Subsection (e) of such section is amended--
(i) by striking ``Chief and Vice Chief of the National
Guard Bureau or in the absence or disability of both the Chief
and Vice Chief of the National Guard Bureau'' and inserting
``Chief of the National Guard Bureau and the Director of the
Joint Staff of the National Guard Bureau or in the absence or
disability of both the Chief and the Director''; and
(ii) by striking ``Chief or Vice Chief'' both places it
appears and inserting ``Chief or Director''.
(B) The heading for such subsection is amended by striking ``Vice
Chief.--'' and inserting ``Director of the Joint Staff.--''.
(5) Section 10506(a)(1) of title 10, United States Code, is amended
by striking ``Chief and Vice Chief of the National Guard Bureau'' and
inserting ``Chief of the National Guard Bureau and the Director of the
Joint Staff of the National Guard Bureau''.
(c) Clerical Amendments.--(1) The heading for section 10505 of
title 10, United States Code, is amended to read as follows:
``Sec. 10505. Director of the Joint Staff of the National Guard
Bureau''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 1011 of such title is amended to read as
follows:
``10505. Director of the Joint Staff of the National Guard Bureau.''.
(d) Other References.--Any reference that is made in any law,
regulation, document, paper, or other record of the United States to
the Vice Chief of the National Guard Bureau shall be deemed to be a
reference to the Director of the Joint Staff of the National Guard
Bureau.
SEC. 905. AUTHORITY TO REDESIGNATE THE NAVAL RESERVE.
(a) Authority of Secretary of the Navy.--The Secretary of the Navy
may, with the approval of the President, redesignate the Naval Reserve
as the ``Navy Reserve'' effective on the date that is 180 days after
the date on which the Secretary submits recommended legislation under
subsection (b).
(b) Recommended Legislation.--If the Secretary of the Navy
exercises the authority to redesignate the Naval Reserve under
subsection (a), the Secretary shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives recommended legislation that identifies each
specific provision of law that refers to the Naval Reserve and sets
forth an amendment to that specific provision of law to conform the
reference to the new designation.
(c) Effect of Redesignation.--On and after the effective date of a
redesignation of the Naval Reserve under subsection (a), any reference
in any law, map, regulation, document, paper, or other record of the
United States to the Naval Reserve shall be deemed to be a reference to
the Navy Reserve.
SEC. 906. HOMELAND SECURITY ACTIVITIES OF THE NATIONAL GUARD.
(a) Authority.--Chapter 1 of title 32, United States Code, is
amended by adding at the end the following new section:
``Sec. 116. Homeland security activities
``(a) Use of Personnel Performing Full-Time National Guard Duty.--
The Governor of a State may, upon the request by the head of a Federal
agency and with the concurrence of the Secretary of Defense, order any
personnel of the National Guard of the State to perform full-time
National Guard duty under section 502(f) of this title for the purpose
of carrying out homeland security activities, as described in
subsection (b).
``(b) Purpose and Duration.--(1) The purpose for the use of
personnel of the National Guard of a State under this section is to
temporarily provide trained and disciplined personnel to a Federal
agency to assist that agency in carrying out homeland security
activities.
``(2) The duration of the use of the National Guard of a State
under this section shall be limited to a period of 180 days. The
Governor of the State may, with the concurrence of the Secretary of
Defense, extend the period one time for an additional 90 days to meet
extraordinary circumstances.
``(c) Relationship to Required Training.-- A member of the National
Guard serving on full-time National Guard duty under orders authorized
under subsection (a) shall participate in the training required under
section 502(a) of this title in addition to the duty performed for the
purpose authorized under that subsection. The pay, allowances, and
other benefits of the member while participating in the training shall
be the same as those to which the member is entitled while performing
duty for the purpose of carrying out homeland security activities. The
member is not entitled to additional pay, allowances, or other benefits
for participation in training required under section 502(a)(1) of this
title.
``(d) Readiness.--To ensure that the use of units and personnel of
the National Guard of a State for homeland security activities does not
degrade the training and readiness of such units and personnel, the
following requirements shall apply in determining the homeland security
activities that units and personnel of the National Guard of a State
may perform:
``(1) The performance of the activities may not adversely
affect the quality of that training or otherwise interfere with
the ability of a member or unit of the National Guard to
perform the military functions of the member or unit.
``(2) National Guard personnel will not degrade their
military skills as a result of performing the activities.
``(3) The performance of the activities will not result in
a significant increase in the cost of training.
``(4) In the case of homeland security performed by a unit
organized to serve as a unit, the activities will support valid
unit training requirements.
``(e) Payment of Costs.--(1) The Secretary of Defense shall provide
funds to the Governor of a State to pay costs of the use of personnel
of the National Guard of the State for the performance of homeland
security activities under this section. Such funds shall be used for
the following costs:
``(A) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses (including all
associated training expenses, as determined by the Secretary),
as authorized by State law, of personnel of the National Guard
of that State used, while not in Federal service, for the
purpose of homeland security activities.
``(B) The operation and maintenance of the equipment and
facilities of the National Guard of that State used for the
purpose of homeland security activities.
``(2) The Secretary of Defense shall require the head of an agency
receiving support from the National Guard of a State in the performance
of homeland security activities under this section to reimburse the
Department of Defense for the payments made to the State for such
support under paragraph (1).
``(f) Memorandum of Agreement.--The Secretary of Defense and the
Governor of a State shall enter into a memorandum of agreement with the
head of each Federal agency to which the personnel of the National
Guard of that State are to provide support in the performance of
homeland security activities under this section. The memorandum of
agreement shall--
``(1) specify how personnel of the National Guard are to be
used in homeland security activities;
``(2) include a certification by the Adjutant General of
the State that those activities are to be performed at a time
when the personnel are not in Federal service;
``(3) include a certification by the Adjutant General of
the State that--
``(A) participation by National Guard personnel in
those activities is service in addition to training
required under section 502 of this title; and
``(B) the requirements of subsection (d) of this
section will be satisfied;
``(4) include a certification by the Attorney General of
the State (or, in the case of a State with no position of
Attorney General, a civilian official of the State equivalent
to a State attorney general), that the use of the National
Guard of the State for the activities provided for under the
memorandum of agreement is authorized by, and is consistent
with, State law;
``(5) include a certification by the Governor of the State
or a civilian official of the State designated by the Governor
that the activities provided for under the memorandum of
agreement serve a State security purpose; and
``(6) include a certification by the head of the Federal
agency that the agency will have a plan to ensure that the
agency's requirement for National Guard support ends not later
than 179 days after the commencement of the support.
``(g) Exclusion From End-Strength Computation.--Notwithstanding any
other provision of law, members of the National Guard on active duty or
full-time National Guard duty for the purposes of administering (or
during fiscal year 2003 otherwise implementing) this section shall not
be counted toward the annual end strength authorized for Reserves on
active duty in support of the reserve components of the armed forces or
toward the strengths authorized in sections 12011 and 12012 of title
10.
``(h) Annual Report.--The Secretary of Defense shall submit to
Congress an annual report regarding any assistance provided and
activities carried out under this section during the preceding fiscal
year. The report shall include the following:
``(1) The number of members of the National Guard excluded
under subsection (g) from the computation of end strengths.
``(2) A description of the homeland security activities
conducted with funds provided under this section.
``(3) An accounting of the amount of funds provided to each
State.
``(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard to
perform homeland security activities under this section.
``(i) Statutory Construction.--Nothing in this section shall be
construed as a limitation on the authority of any unit of the National
Guard of a State, when such unit is not in Federal service, to perform
functions authorized to be performed by the National Guard by the laws
of the State concerned.
``(j) Definitions.--For purposes of this section:
``(1) The term `Governor of a State' means, in the case of
the District of Columbia, the Commanding General of the
National Guard of the District of Columbia.
``(2) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, or a
territory or possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such section is amended by adding at the end the following new item:
``116. Homeland security activities.''.
Subtitle B--Other Matters
SEC. 911. STUDY OF ROLES AND AUTHORITIES OF THE DIRECTOR OF DEFENSE
RESEARCH AND ENGINEERING.
(a) Study Required.--The Secretary of Defense shall carry out a
study of the roles and authorities of the Director of Defense Research
and Engineering.
(b) Content of Study.--The study under this section shall include
the following:
(1) An examination of the past and current roles and
authorities of the Director of Defense Research and
Engineering.
(2) An analysis to determine appropriate future roles and
authorities for the Director, including an analysis of the
following matters:
(A) The relationship of the Director to other
senior science and technology and acquisition officials
of the military departments and the Defense Agencies
(B) The relationship of the Director to the
performance of the following functions:
(i) The planning, programming, and
budgeting of the science and technology
programs of the Department of Defense,
including those of the military departments and
the Defense Agencies.
(ii) The management of Department of
Defense laboratories and technical centers,
including the management of the Federal
Government scientific and technical workforce
for such laboratories and centers.
(iii) The promotion of the rapid transition
of technologies to acquisition programs within
the Department of Defense.
(iv) The promotion of the transfer of
technologies into and from the commercial
sector.
(v) The coordination of Department of
Defense science and technology activities with
organizations outside the Department of
Defense, including other Federal Government
agencies, international research organizations,
industry, and academia.
(vi) The technical review of Department of
Defense acquisition programs and policies.
(vii) The training and educational
activities for the national scientific and
technical workforce.
(viii) The development of science and
technology policies and programs relating to
the maintenance of the national technology and
industrial base.
(3) An examination of the duties of the Director as the
Chief Technology Officer of the Department of Defense,
especially in comparison to the duties of similar positions in
the Federal Government and industry.
(4) An examination of any other matters that the Secretary
considers appropriate for the study.
(c) Report.--(1) Not later than February 1, 2006, the Secretary
shall submit a report on the results of the study under this section to
the congressional defense committees.
(2) The report shall include recommendations regarding the
appropriate roles, authorities, and resources that should be assigned
to the Director of Defense Research and Engineering in order to enable
the Director to serve effectively as the Chief Technology Officer of
the Department of Defense and to support the transformation of the
Armed Forces.
(d) Role of Defense Science Board in Study and Report.--The
Secretary shall act through the Defense Science Board in carrying out
the study under this section and preparing the report under subsection
(c).
SEC. 912. DIRECTORS OF SMALL BUSINESS PROGRAMS.
(a) Redesignation of Existing Positions and Offices.--(1) Each of
the following positions within the Department of Defense is
redesignated as the Director of Small Business Programs:
(A) The Director of Small and Disadvantaged Business
Utilization of the Department of Defense.
(B) The Director of Small and Disadvantaged Business
Utilization of the Department of the Army.
(C) The Director of Small and Disadvantaged Business
Utilization of the Department of the Navy.
(D) The Director of Small and Disadvantaged Business
Utilization of the Department of the Air Force.
(2) Each of the following offices within the Department of Defense
is redesignated as the Office of Small Business Programs:
(A) The Office of Small and Disadvantaged Business
Utilization of the Department of Defense.
(B) The Office of Small and Disadvantaged Business
Utilization of the Department of the Army.
(C) The Office of Small and Disadvantaged Business
Utilization of the Department of the Navy.
(D) The Office of Small and Disadvantaged Business
Utilization of the Department of the Air Force.
(3) Any reference that is made in any law, regulation, document,
paper, or other record of the United States to a position or office
redesignated by paragraph (1) or (2) shall be deemed to be a reference
to the position or office as so redesignated.
(b) Department of Defense Position and Office.--(1) Chapter 4 of
title 10, United States Code, is amended by inserting after section
133b the following new section:
``Sec. 133c. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of Defense. The Director is appointed by the Secretary
of Defense.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of Defense is the office that is
established within the Office of the Secretary of Defense under section
15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of
Small Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of Defense, and shall
exercise such powers regarding those programs, as the Secretary of
Defense may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 133b the
following new item:
``133c. Director of Small Business Programs.''.
(c) Department of the Army Position and Office.--(1) Chapter 303 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 3024. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Army. The Director is appointed by the Secretary
of the Army.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Army is the office that is
established within the Department of the Army under section 15(k) of
the Small Business Act (15 U.S.C. 644(k)). The Director of Small
Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Army, and shall
exercise such powers regarding those programs, as the Secretary of the
Army may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3024. Director of Small Business Programs.''.
(d) Department of the Navy Position and Office.--(1) Chapter 503 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 5028. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Navy. The Director is appointed by the Secretary
of the Navy.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Navy is the office that is
established within the Department of the Navy under section 15(k) of
the Small Business Act (15 U.S.C. 644(k)). The Director of Small
Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Navy, and shall
exercise such powers regarding those programs, as the Secretary of the
Navy may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``5028. Director of Small Business Programs.''.
(d) Department of the Air Force Position and Office.--(1) Chapter
803 of title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 8024. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Air Force. The Director is appointed by the
Secretary of the Air Force.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Air Force is the office that
is established within the Department of the Air Force under section
15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of
Small Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Air Force, and shall
exercise such powers regarding those programs, as the Secretary of the
Air Force may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``8024. Director of Small Business Programs.''.
SEC. 913. LEADERSHIP POSITIONS FOR THE NAVAL POSTGRADUATE SCHOOL.
(a) Designation of President.--(1) The position of Superintendent
of the Naval Postgraduate School is redesignated as President of the
Naval Postgraduate School.
(2) Any reference to the Superintendent of the Naval Postgraduate
School in any law, rule, regulation, document, record, or other paper
of the United States shall be deemed to be a reference to the President
of the Naval Postgraduate School.
(3) Sections 7042, 7044, 7048(a), and 7049(e) of title 10, United
States Code, are amended by striking ``Superintendent'' each place it
appears and inserting ``President''.
(4) The heading of section 7042 of such title is amended by
striking ``Superintendent;'' in the section heading and inserting
``President;''.
(b) Provost and Academic Dean.--(1) The position of Academic Dean
of the Naval Postgraduate School is redesignated as Provost and
Academic Dean of the Naval Postgraduate School.
(2) Any reference to the Academic Dean of the Naval Postgraduate
School in any law, rule, regulation, document, record, or other paper
of the United States shall be deemed to be a reference to the Provost
and Academic Dean of the Naval Postgraduate School.
(3)(A) Subsection (a) of section 7043 of title 10, United States
Code, is amended to read as follows:
``(a) There is at the Naval Postgraduate School the single civilian
position of Provost and Academic Dean. The Provost and Academic Dean
shall be appointed, to serve for periods of not more than five years,
by the Secretary of the Navy. Before making an appointment to the
position of Provost and Academic Dean, the Secretary shall consult with
the Board of Advisors for the Naval Postgraduate School and consider
any recommendation of the leadership and faculty of the Naval
Postgraduate School regarding an appointment to the position.''.
(B) The heading of such section is amended to read as follows:
``Sec. 7043. Provost and Academic Dean''.
(4) Sections 7043(b) and 7081(a) of title 10, United States Code,
are amended by striking ``Academic Dean'' and inserting ``Provost and
Academic Dean''.
(5) Section 5102(c)(10) of title 5, United States Code, is amended
by striking ``Academic Dean of the Postgraduate School of the Naval
Academy'' and inserting ``Provost and Academic Dean of the Naval
Postgraduate School''.
(c) Clerical Amendments.--The table of sections at the beginning of
chapter 605 of such title 10, United States Code, is amended by
striking the items related to sections 7042 and 7043 and inserting the
following new items:
``7042. President: assistants.
``7043. Provost and Academic Dean.''.
SEC. 914. UNITED STATES MILITARY CANCER INSTITUTE.
(a) Establishment.--Chapter 104 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2117. United States Military Cancer Institute
``(a) Establishment.--(1) There is a United States Military Cancer
Institute in the University. The Director of the United States Military
Cancer Institute is the head of the Institute.
``(2) The Institute is composed of clinical and basic scientists in
the Department of Defense who have an expertise in research, patient
care, and education relating to oncology and who meet applicable
criteria for participation in the Institute.
``(3) The components of the Institute include military treatment
and research facilities that meet applicable criteria and are
designated as affiliates of the Institute.
``(b) Research.--(1) The Director of the United States Military
Cancer Institute shall carry out research studies on the following:
``(A) The epidemiological features of cancer, including
assessments of the carcinogenic effect of genetic and
environmental factors, and of disparities in health, inherent
or common among populations of various ethnic origins.
``(B) The prevention and early detection of cancer.
``(C) Basic, translational, and clinical investigation
matters relating to the matters described in subparagraphs (A)
and (B).
``(2) The research studies under paragraph (1) shall include
complementary research on oncologic nursing.
``(c) Collaborative Research.--The Director of the United States
Military Cancer Institute shall carry out the research studies under
subsection (b) in collaboration with other cancer research
organizations and entities selected by the Institute for purposes of
the research studies.
``(d) Annual Report.--(1) Promptly after the end of each fiscal
year, the Director of the United States Military Cancer Institute shall
submit to the President of the University a report on the results of
the research studies carried out under subsection (b).
``(2) Not later than 60 days after receiving the annual report
under paragraph (1), the President of the University shall transmit
such report to the Secretary of Defense and to Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2117. United States Military Cancer Institute.''.
SEC. 915. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.
(a) Department of the Army.--(1) Section 3019(b) of title 10,
United States Code, is amended by striking ``The General Counsel'' and
inserting ``Subject to sections 806 and 3037 of this title, the General
Counsel''.
(2)(A) Section 3037 of such title is amended to read as follows:
``Sec. 3037. Judge Advocate General, Assistant Judge Advocate General:
appointment; duties
``(a) Position of Judge Advocate General.--There is a Judge
Advocate General in the Army, who is appointed by the President, by and
with the advice and consent of the Senate, from officers of the Judge
Advocate General's Corps. The term of office is four years, but may be
sooner terminated or extended by the President. The Judge Advocate
General, while so serving, has the grade of lieutenant general.
``(b) Appointment.--The Judge Advocate General of the Army shall be
appointed from those officers who at the time of appointment are
members of the bar of a Federal court or the highest court of a State
or Territory, and who have had at least eight years of experience in
legal duties as commissioned officers.
``(c) Duties.--The Judge Advocate General, in addition to other
duties prescribed by law--
``(1) is the legal adviser of the Secretary of the Army,
the Chief of Staff of the Army, and the Army Staff, and of all
offices and agencies of the Department of the Army;
``(2) shall direct and supervise the members of the Judge
Advocate General's Corps and civilian attorneys employed by the
Department of the Army (other than those assigned or detailed
to the Office of the General Counsel of the Army) in the
performance of their duties;
``(3) shall direct and supervise the performance of duties
under chapter 47 of this title (the Uniform Code of Military
Justice) by any member of the Army;
``(4) shall receive, revise, and have recorded the
proceedings of courts of inquiry and military commissions; and
``(5) shall perform such other legal duties as may be
directed by the Secretary of the Army.
``(d) Position of Assistant Judge Advocate General.--There is an
Assistant Judge Advocate General in the Army, who is appointed by the
President, by and with the advice and consent of the Senate, from
officers of the Army who have the qualifications prescribed in
subsection (b) for the Judge Advocate General. The term of office of
the Assistant Judge Advocate General is four years, but may be sooner
terminated or extended by the President. An officer appointed as
Assistant Judge Advocate General who holds a lower regular grade shall
be appointed in the regular grade of major general.
``(e) Appointments Recommended by Selection Boards.--Under
regulations prescribed by the Secretary of Defense, the Secretary of
the Army, in selecting an officer for recommendation to the President
under subsection (a) for appointment as the Judge Advocate General or
under subsection (d) for appointment as the Assistant Judge Advocate
General, shall ensure that the officer selected is recommended by a
board of officers that, insofar as practicable, is subject to the
procedures applicable to selection boards convened under chapter 36 of
this title.''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 305 of such title is amended to read as
follows:
``3037. Judge Advocate General, Assistant Judge Advocate General:
appointment; duties.''.
(b) Department of the Navy.--(1) Section 5019(b) of title 10,
United States Code, is amended by striking ``The General Counsel'' and
inserting ``Subject to sections 806 and 5148 of this title, the General
Counsel''.
(2) Section 5148 of such title is amended--
(A) in subsection (b), by striking the fourth sentence and
inserting the following: ``The Judge Advocate General, while so
serving, has the grade of vice admiral or lieutenant general,
as appropriate.''; and
(B) by striking subsection (d) and inserting the following:
``(d) The Judge Advocate General, in addition to other duties
prescribed by law--
``(1) is the legal adviser of the Secretary of the Navy,
the Chief of Naval Operations, and all offices, bureaus, and
agencies of the Department of the Navy;
``(2) shall direct and supervise the judge advocates of the
Navy and the Marine Corps and civilian attorneys employed by
the Department of the Navy (other than those assigned or
detailed to the Office of the General Counsel of the Navy) in
the performance of their duties;
``(3) shall direct and supervise the performance of duties
under chapter 47 of this title (the Uniform Code of Military
Justice) by any member of the Navy or Marine Corps;
``(4) shall receive, revise, and have recorded the
proceedings of courts of inquiry and military commissions; and
``(5) shall perform such other legal duties as may be
directed by the Secretary of the Navy.''.
(c) Department of the Air Force.--(1) Section 8019(b) of title 10,
United States Code, is amended by striking ``The General Counsel'' and
inserting ``Subject to sections 806 and 8037 of this title, the General
Counsel''.
(2) Section 8037 of such title is amended--
(A) in subsection (a), by striking the third sentence and
inserting the following: ``The Judge Advocate General, while so
serving, has the grade of lieutenant general.''; and
(B) in subsection (c)--
(i) by striking ``General shall,'' in the matter
preceding paragraph (1) and inserting ``General,'';
(ii) by redesignating paragraphs (1) and (2) as
paragraphs (4) and (5), respectively, and, in each such
paragraph, by inserting ``shall'' before the first
word; and
(iii) by inserting after paragraph (1) the
following new paragraphs:
``(1) is the legal adviser of the Secretary of the Air
Force, the Chief of Staff of the Air Force, and the Air Staff,
and of all offices and agencies of the Department of the Air
Force;
``(2) shall direct and supervise the members of the Air
Force designated as judge advocates and civilian attorneys
employed by the Department of the Air Force (other than those
assigned or detailed to the Office of the General Counsel of
the Air Force) in the performance of their duties;
``(3) shall direct and supervise the performance of duties
under chapter 47 of this title (the Uniform Code of Military
Justice) by any member of the Air Force;''.
(d) Exclusion From Limitation on General and Flag Officer
Distribution.--Section 525(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(9) An officer while serving as the Judge Advocate General of the
Army, the Judge Advocate General of the Navy, or the Judge Advocate
General of the Air Force is in addition to the number that would
otherwise be permitted for that officer's armed force for officers
serving on active duty in grades above major general or rear admiral
under paragraph (1) or (2), as the case may be.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 2005 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$3,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2005.
(a) Fiscal Year 2005 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2005 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2004, of funds appropriated for fiscal years before
fiscal year 2005 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $756,000 for
the Civil Budget.
(2) Of the amount provided in section 301(1), $222,492,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO'' means the Military Budget, the
Security Investment Program, and the Civil Budget of the North
Atlantic Treaty Organization (and any successor or additional
account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.
SEC. 1003. REDUCTION IN OVERALL AUTHORIZATION DUE TO INFLATION SAVINGS.
(a) Reduction.--The total amount authorized to be appropriated by
titles I, II, and III is the amount equal to the sum of the individual
authorizations in those titles reduced by $1,670,000,000.
(b) Source of Savings.--Reductions required in order to comply with
subsection (a) shall be derived from savings resulting from lower-than-
expected inflation as a result of the annual review of the budget
conducted by the Office of Management and Budget.
(c) Allocation of Reduction.--The Secretary of Defense shall
allocate the reduction required by subsection (a) among the accounts in
titles I, II, and III to reflect the extent to which net inflation
savings are available in those accounts.
SEC. 1004. DEFENSE BUSINESS SYSTEMS INVESTMENT MANAGEMENT.
(a) Requirement for Defense Business Enterprise Architecture and
Transition Plan.--(1) Not later than September 30, 2005, the Secretary
of Defense shall develop--
(A) a defense business enterprise architecture covering all
defense business systems of the Department of Defense and the
functions and activities supported by such systems that--
(i) is sufficiently defined to effectively guide,
constrain, and permit implementation of interoperable
business system solutions; and
(ii) is consistent with the applicable policies and
procedures prescribed by the Director of the Office of
Management and Budget; and
(B) a transition plan for implementing the defense business
enterprise architecture.
(2) In carrying out paragraph (1), the Secretary shall act through
the Defense Business Systems Management Committee established under
subsection (h).
(b) Composition of Enterprise Architecture.--The defense business
enterprise architecture developed under subsection (a)(1)(A) shall
include the following:
(1) An information infrastructure that, at a minimum, would
enable the Department of Defense to--
(A) comply with all Federal accounting, financial
management, and reporting requirements;
(B) routinely produce timely, accurate, and
reliable financial information for management purposes;
(C) integrate budget, accounting, and program
information and systems; and
(D) provide for the systematic measurement of
performance, including the ability to produce timely,
relevant, and reliable cost information.
(2) Policies, procedures, data standards, and system
interface requirements that are to apply uniformly throughout
the Department of Defense.
(c) Composition of Transition Plan.--(1) The transition plan
developed under subsection (a)(1)(B) shall include the following:
(A) The acquisition strategy for new systems that are
expected to be needed to complete the defense business
enterprise architecture.
(B) A listing of the defense business systems as of
December 2, 2002 (known as ``legacy systems''), that will not
be part of the objective defense business enterprise
architecture, together with the schedule for terminating those
legacy systems that provides for reducing the use of those
legacy systems in phases.
(C) A listing of the legacy systems (referred to in
subparagraph (B)) that will be a part of the objective defense
business system, together with a strategy for making the
modifications to those systems that will be needed to ensure
that such systems comply with the defense business enterprise
architecture.
(2) Each of the strategies under paragraph (1) shall include
specific time-phased milestones, performance metrics, and a statement
of the financial and nonfinancial resource needs.
(d) Conditions for Use of Funds for Defense Business System
Modernization.--(1) After September 30, 2005, an officer or employee of
the United States may not obligate or expend an amount in excess of
$1,000,000 for a defense business system modernization unless the
Secretary of Defense or the official delegated authority for the system
covered by such modernization under subsection (e) has determined in
writing that such defense business system modernization--
(A) is consistent with the defense business enterprise
architecture and transition plan developed under subsection
(a); or
(B) is necessary to--
(i) achieve a critical national security capability
or address a critical requirement in an area such as
safety or security; or
(ii) prevent a significant adverse effect on a
project that is needed to achieve an essential
capability, taking into consideration the alternative
solutions for preventing such adverse effect.
(2) A violation of paragraph (1) is a violation of section
1341(a)(1)(A) of title 31, United States Code.
(e) Accountability for Defense Business Systems.--The Secretary of
Defense shall delegate authority for the planning, design, acquisition,
development, deployment, operation, maintenance, modernization, and
oversight of defense business systems as follows:
(1) To the Under Secretary of Defense for Acquisition,
Technology, and Logistics, for--
(A) defense business systems the primary purpose of
which is to support acquisition activities in the
Department of Defense;
(B) defense business systems the primary purpose of
which is to support logistics activities in the
Department of Defense; and
(C) defense business systems the primary purpose of
which is to support installations and environment
activities in the Department of Defense.
(2) To the Under Secretary of Defense (Comptroller) and
Chief Financial Officer, for--
(A) defense business systems the primary purpose of
which is to support financial management activities in
the Department of Defense; and
(B) defense business systems the primary purpose of
which is to support strategic planning and budgeting
activities in the Department of Defense.
(3) To the Under Secretary of Defense for Personnel and
Readiness, for defense business systems the primary purpose of
which is to support human resource management activities in the
Department of Defense.
(4) To the Assistant Secretary of Defense (Networks and
Information Integration) and Chief Information Officer, for
defense business systems the primary purpose of which is to
support information technology infrastructure and information
assurance activities of the Department of Defense.
(5) To the Deputy Secretary of Defense or an Under
Secretary of Defense, as designated by the Secretary of
Defense, for defense business systems the primary purpose of
which is to support any activity of the Department of Defense
not described in another paragraph of this subsection.
(f) Defense Business System Investment Review.--(1) The Secretary
of Defense shall require each official to whom authority is delegated
under subsection (e) to establish an investment review process to
review the planning, design, acquisition, development, deployment,
operation, maintenance, and modernization of all defense business
systems covered by the authority so delegated to that official, and to
analyze project cost benefits and risks of such systems.
(2) Each investment review process established under paragraph (1)
shall be consistent with the requirements of section 11312 of title 40,
United States Code, and shall include the following features:
(A) An investment review board composed of appropriate
officials from among the Armed Forces, combatant commands, the
Joint Staff, and Defense Agencies.
(B) Review and approval, by the investment review board, of
each defense business system as an investment before the
obligation or expenditure of funds on such system.
(C) Periodic review of each defense business system
investment not less often than annually.
(D) Use of threshold criteria to ensure that each defense
business system investment, and that accountability for each
defense business system investment, is reviewed at a level of
review within the Department of Defense that is appropriate for
the scope, complexity, and cost of the investment.
(E) Procedures for making determinations in accordance with
the requirements of subsection (d).
(g) Defense Business Systems Budget Exhibit.--For each budget for a
fiscal year after fiscal year 2005 that the President submits to
Congress under section 1105(a) of title 31, United States Code, the
Secretary of Defense shall include in the documentation on major
functional category 050 (National Defense) that the Secretary submits
to the congressional defense committees in support of such budget a
defense business systems budget exhibit that includes the following
information:
(1) Identification of each defense business system for
which funding is proposed in that budget.
(2) Identification of all funds, by appropriation, proposed
in that budget for each such system, including--
(A) funds for current services (to operate and
maintain the system); and
(B) funds for business systems modernization,
identified for each specific appropriation.
(3) For each such system, identification of the official to
whom authority for such system is delegated under subsection
(e).
(4) For each such system, a description of each
determination made under subsection (d) with regard to such
system.
(h) Defense Business System Management Committee.--(1) The
Secretary of Defense shall establish a Defense Business Systems
Management Executive Committee. The Committee shall be composed of the
following members:
(A) The Deputy Secretary of Defense, who shall be the
chairman of the Committee.
(B) The Under Secretary of Defense for Acquisition,
Logistics, and Technology.
(C) The Under Secretary of Defense for Personnel and
Readiness.
(D) The Under Secretary of Defense (Comptroller) and Chief
Financial Officer.
(E) The Assistant Secretary of Defense (Networks and
Information Integration) and Chief Information Officer.
(F) The Secretaries of the military departments.
(G) The heads of the Defense Agencies.
(H) Any personnel assigned to the Joint Staff, personnel
assigned to combatant commands, or other Department of Defense
personnel that the Secretary of Defense designates to serve on
the Committee.
(2) In addition to any other duties assigned to the Committee by
the Secretary of Defense, the Committee shall have the following
duties:
(A) To submit to the Secretary recommended policies and
procedures that the Committee considers necessary to
effectively integrate compliance with the requirements of this
section into all business activities and any transformation,
reform, reorganization, or process improvement initiatives
undertaken within the Department of Defense.
(B) To review and approve defense business systems
modernization plans, including review and approval of any major
update of the defense business enterprise architecture.
(C) To coordinate defense business system modernization
initiatives to maximize benefits and minimize costs for the
Department of Defense.
(D) To ensure that funds are not obligated for the
modernization of any defense business system in violation of
subsection (d)(1).
(E) To periodically report to the Secretary on the status
of defense business system modernization efforts.
(i) Definitions.--In this section:
(1) The term ``defense business system'' means any
information system (except a national security system, as
defined in section 2315 of title 10, United States Code) that
is operated by, for, or on behalf of the Department of Defense
to support business activities such as acquisition, financial
management, logistics, strategic planning and budgeting,
installations and environment, and human resource management.
(2) The term ``enterprise architecture'' has the meaning
given that term in section 3601(4) of title 44, United States
Code.
(3) The terms ``information system'' and ``information
technology'' have the meanings given those terms in section
11101 of title 40, United States Code.
(4) The term ``modernization'', with respect to a defense
business system, means the acquisition or development of a new
defense business system or any significant modification or
enhancement of an existing defense business system (other than
as necessary to maintain current services).
(j) Annual Report.--Not later than March 15 of 2005 and each year
thereafter through 2009, the Secretary of Defense shall submit to the
congressional defense committees a report on the progress made by the
Department of Defense in implementing the defense business enterprise
architecture and transition plan required by this section. Each report
shall include, at a minimum, the following information:
(1) A description of the specific actions taken and planned
to be taken to implement the defense business enterprise
architecture and the transition plan.
(2) Specific milestones, performance measures, and resource
commitments for such actions.
(k) Comptroller General Assessment.--Not later than 60 days after
the date on which the Secretary of Defense approves the defense
business enterprise architecture and transition plan developed under
subsection (a), and again each year not later than 60 days after the
submission of the annual report under subsection (j), the Comptroller
General shall submit to the congressional defense committees an
assessment of the extent to which the actions taken by the Department
comply with the requirements of this section.
(l) Relationship to Other Law.--Nothing in this section shall be
construed to modify or affect the applicability of the restrictions and
requirements provided in section 8088 of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1556).
(m) Repeal of Superseded Law.--Section 1004 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314; 116 Stat. 2629; 10 U.S.C. 113 note) is repealed.
SEC. 1005. UNIFORM FUNDING AND MANAGEMENT OF SERVICE ACADEMY ATHLETIC
AND RECREATIONAL EXTRACURRICULAR PROGRAMS.
(a) United States Military Academy.--(1) Chapter 403 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 4359. Athletic and recreational extracurricular programs:
uniform funding
``The authority and conditions provided in section 2494 of this
title shall also apply to any athletic or recreational extracurricular
program of the Academy that--
``(1) is not considered a morale, welfare, or recreation
program referred to in such section;
``(2) is funded out of appropriated funds;
``(3) is supported by a supplemental mission
nonappropriated fund instrumentality; and
``(4) is not operated as a private organization.''.
(2) The table of sections at the beginning of such title is amended
by adding at the end the following new item:
``4359. Athletic and recreational extracurricular programs: uniform
funding.''.
(b) United States Naval Academy.--(1) Chapter 603 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 6978. Athletic and recreational extracurricular programs:
uniform funding
``The authority and conditions provided in section 2494 of this
title shall also apply to any athletic or recreational extracurricular
program of the Naval Academy that--
``(1) is not considered a morale, welfare, or recreation
program referred to in such section;
``(2) is funded out of appropriated funds;
``(3) is supported by a supplemental mission
nonappropriated fund instrumentality; and
``(4) is not operated as a private organization.''.
(2) The table of sections at the beginning of such title is amended
by adding at the end the following new item:
``6978. Athletic and recreational extracurricular programs: uniform
funding.''.
(c) United States Air Force Academy.--(1) Chapter 903 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 9358. Athletic and recreational extracurricular programs:
uniform funding
``The authority and conditions provided in section 2494 of this
title shall also apply to any athletic or recreational extracurricular
program of the Academy that--
``(1) is not considered a morale, welfare, or recreation
program referred to in such section;
``(2) is funded out of appropriated funds;
``(3) is supported by a supplemental mission
nonappropriated fund instrumentality; and
``(4) is not operated as a private organization.''.
(2) The table of sections at the beginning of such title is amended
by adding at the end the following new item:
``9358. Athletic and recreational extracurricular programs: uniform
funding.''.
(d) Effective Date and Applicability.--This section and the
amendments made by this section shall take effect on October 1, 2004,
and shall apply with respect to funds appropriated for fiscal years
beginning on or after such date.
SEC. 1006. AUTHORIZATION OF APPROPRIATIONS FOR A CONTINGENT EMERGENCY
RESERVE FUND FOR OPERATIONS IN IRAQ AND AFGHANISTAN.
(a) Authorization of Supplemental Appropriations.--In addition to
any other amounts authorized to be appropriated by this Act, there is
hereby authorized to be appropriated for the Department of Defense for
fiscal year 2005, subject to subsections (b) and (c), $25,000,000,000,
to be available only for activities in support of operations in Iraq
and Afghanistan.
(b) Specific Amounts.--Of the amount authorized to be appropriated
under subsection (a), funds are authorized to be appropriated in
amounts for purposes as follows:
(1) For the Army for operation and maintenance,
$14,500,000,000.
(2) For the Navy for operation and maintenance,
$1,000,000,000.
(3) For the Marine Corps for operation and maintenance,
$2,000,000,000.
(4) For the Air Force for operation and maintenance,
$1,000,000,000.
(5) For operation and maintenance, Defense-wide activities,
$2,000,000,000.
(6) For military personnel, $2,000,000,000.
(7) An additional amount of $2,500,000,000 to be available
for transfer to--
(A) operation and maintenance accounts;
(B) military personnel accounts;
(C) research, development, test, and evaluation
accounts;
(D) procurement accounts;
(E) classified programs; and
(F) Coast Guard operating expenses.
(c) Authorization Contingent on Budget Request.--The authorization
of appropriations in subsection (a) shall be effective only to the
extent that a budget request for all or part of the amount authorized
to be appropriated under such subsection for the purposes set forth in
such subsection is transmitted by the President to Congress after the
date of the enactment of this Act and includes a designation of the
requested amount as an emergency and essential to support activities in
Iraq and Afghanistan.
(d) Transfer Authority.--(1) Of the amount authorized to be
appropriated under subsection (b)(7) for transfer, no transfer may be
made until the Secretary of Defense consults with the Chairmen and
Ranking Members of the congressional defense committees and then
notifies such committees in writing not later than five days before the
transfer is made.
(2) The transfer authority provided under this section is in
addition to any other transfer authority available to the Department of
Defense.
(e) Monthly Report.--The Secretary of Defense shall submit to the
congressional defense committees each month a report on the use of
funds authorized to be appropriated under this section. The report for
a month shall include in a separate display for each of Iraq and
Afghanistan, the activity for which the funds were used, the purpose
for which the funds were used, the source of the funds used to carry
out that activity, and the account to which those expenditures were
charged.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. EXCHANGE AND SALE OF OBSOLETE NAVY SERVICE CRAFT AND BOATS.
(a) In General.--Chapter 633 of title 10, United States Code, is
amended by inserting after section 7309 the following new section:
``Sec. 7309a. Service craft and boats: exchange or sale
``(a) In General.--The Secretary of the Navy may, in acquiring
personal property under section 503 of title 40, exchange or sell
obsolete Navy service craft or boats that are similar to such personal
property and apply the exchange allowance or proceeds of sale in whole
or part payment for such personal property.
``(b) Use of Proceeds for Cost of Preparation of Sale.--In selling
a service craft or boat under subsection (a), the Secretary shall
obtain, to the extent practicable, amounts necessary to recover the
full costs, whether direct or indirect, incurred by the Navy in
preparing the service craft or boat for sale, including costs of
towing, storage, defueling, removal and disposal of hazardous wastes,
environmental surveys to determine the presence of regulated materials
containing polychlorinated biphenyl (PCB), removal and disposal of such
materials, and other related costs.
``(c) Treatment of Additional Proceeds.--(1) Any proceeds of sale
of a service craft or boat under subsection (a) that are in addition to
amounts necessary to recover the costs of the preparation of sale of
the service craft or boat under subsection (b) shall be deposited in an
account in the Treasury established for purposes of this section.
``(2) Amounts in the account under paragraph (1) shall be available
to the Secretary for the payment of costs associated with the
preparation of obsolete Navy service craft or boats for sale or
exchange under this section. Amounts in the account shall be available
for that purpose without fiscal year limitation.
``(3) The Secretary shall, on a periodic basis, deposit amounts in
the account under paragraph (1) that are in excess of the amounts
otherwise utilized under paragraph (2) in the general Treasury as
miscellaneous receipts, or in another account in the Treasury as
otherwise provided by law.
``(d) Inapplicability of Certain Procurement Requirements.--
Notwithstanding section 503(b)(3) of title 40, section 3709 of the
Revised Statutes (41 U.S.C. 5) shall not apply to the exchange or sale
of service craft or boats under this section.
``(e) Regulations.--The Secretary may prescribe regulations
relating to the exercise of authority under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7309 the following new item:
``7309a. Service craft and boats: exchange or sale.''.
SEC. 1012. LIMITATION ON DISPOSAL OF OBSOLETE NAVAL VESSEL.
The Secretary of the Navy may not dispose of the decommissioned
destroyer ex-Edson (DD-946) before October 1, 2007, to an entity that
is not a nonprofit organization unless the Secretary first determines
that there is no nonprofit organization that meets the criteria for
donation of that vessel under section 7306(a)(3) of title 10, United
States Code.
SEC. 1013. AWARD OF CONTRACTS FOR SHIP DISMANTLING ON NET COST BASIS.
(a) In General.--Chapter 633 of title 10, United States Code, is
amended by inserting after section 7305 the following new section:
``Sec. 7305a. Contracts for ship dismantling: award on net cost basis
``(a) Authority.--Notwithstanding any other provision of law, the
Secretary of the Navy may use net cost as a criterion in the selection
of an offeror for award of a contract for the dismantling of one or
more ships stricken from the Naval Vessel Register and may accord that
criterion such weight in the offer evaluation process as the Secretary
considers appropriate and specifies in the solicitation of offers for
that contract.
``(b) Competition.--In exercising the authority under this section,
the Secretary shall to the maximum extent practicable use the
competitive procedure or combination of competitive procedures that is
best suited under the circumstances.
``(c) Retention of Proceeds.--When the Secretary of the Navy awards
a ship dismantling contract on a net cost basis, the contractor may
retain the proceeds from the sale of scrap and reusable items from the
vessel being dismantled.
``(d) Definitions.--For purposes of this section:
``(1) The term `net cost', with respect to a contract for
the dismantling of a ship, means the amount equal to the excess
of--
``(A) the amount of the contractor's gross cost of
performance of the contract, over
``(B) the estimated value of scrap and reusable
items that the contractor removes from the ship during
performance of the contract, as stated in the
contractor's offer for such contract.
``(2) The term `scrap' means personal property that has no
value except for its basic material content.
``(3) The term `reusable item', with respect to a ship,
means any demilitarized component or removable portion of the
ship or the ship's equipment that the Navy has identified as
excess to its needs but which has potential resale value on the
open market.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7305 the following new item:
``7305a. Contracts for ship dismantling: award on net cost basis.''.
SEC. 1014. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Authority To Transfer by Grant.--The Secretary of the Navy is
authorized to transfer vessels to foreign countries on a grant basis
under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j) as follows:
(1) Chile.--To the Government of Chile, the SPRUANCE class
destroyer O'BANNON (DD 987).
(2) Portugal.--To the Government of Portugal, the OLIVER
HAZARD PERRY class guided missile frigate GEORGE PHILIP (FFG
12) and the OLIVER HAZARD PERRY class guided missile frigate
USS SIDES (FFG 14).
(b) Authority To Transfer by Sale.--The Secretary of the Navy is
authorized to transfer vessels to foreign countries on a sale basis
under section 21 of the Arms Export Control Act (22 U.S.C. 2761) as
follows:
(1) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (which is the Taiwan
instrumentality designated pursuant to section 10(a) of the
Taiwan Relations Act), the ANCHORAGE class dock landing ship
ANCHORAGE (LSD 36).
(2) Chile.--To the Government of Chile, the SPRUANCE class
destroyer FLETCHER (DD 992).
(c) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
on a grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j) pursuant to authority provided by subsection (a)
shall not be counted for the purposes of subsection (g) of that section
in the aggregate value of excess defense articles transferred to
countries under that section in any fiscal year.
(d) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient (notwithstanding section 516(e)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1)).
(e) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the country to
which the vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval forces of
that country, performed at a shipyard located in the United States,
including a United States Navy shipyard.
(f) Expiration of Authority.-- The authority to transfer a vessel
under this section shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
Subtitle C--Reports
SEC. 1021. REPORT ON CONTRACTOR SECURITY IN IRAQ.
(a) Report Required.--(1) Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit a
report on contractor security in Iraq to the congressional defense
committees. The report shall include, at a minimum--
(A) information on the security of contractor employees in
Iraq, as described in subsection (b);
(B) information on contract security personnel in Iraq, as
described in subsection (c); and
(C) any recommended actions that the Secretary considers
appropriate to enhance contractor security in Iraq.
(2) The information included in the report shall be current as of
September 30, 2004.
(b) Security of Contractor Employees in Iraq.--The report under
subsection (a) shall include information on contractor employees in
Iraq, as follows:
(1) The number of contractor employees in each of the
following categories of nationals:
(A) Nationals of the United States.
(B) Nationals of Iraq.
(C) Nationals of states other than the United
States and Iraq.
(2) For each of the categories of nationals listed in
paragraph (1), the number of casualties among contractor
employees on and after May 1, 2003.
(c) Contract Security Personnel.--The report required by subsection
(a) shall include information on contract security personnel of a
contractor in Iraq, as follows:
(1) The number of contract security personnel engaged in
providing security services to personnel or facilities in each
of the following categories:
(A) Personnel or facilities of the United States
Government or the Coalition Provisional Authority.
(B) Personnel or facilities of the Iraqi
Government.
(C) Personnel or facilities of a contractor or
subcontractor.
(2) For each of the categories of nationals listed in
subsection (b)(1), the following information:
(A) The number of contract security personnel.
(B) The range of annual rates of pay of the
contract security personnel.
(C) The number of casualties among the contract
security personnel on and after May 1, 2003.
(3) The number, types, and sources of weapons that contract
security personnel are authorized to possess in each of the
following categories:
(A) Weapons provided by coalition forces.
(B) Weapons supplied by the contractor.
(C) Weapons supplied by other sources.
(4) The extent to which contract security personnel are
equipped with other critical equipment, such as body armor,
armored vehicles, secure communications, and friend-foe
identification.
(5) An assessment of the extent to which contract security
personnel have been engaged by hostile fire on and after May 1,
2003.
(d) Coordination.--In the preparation of the report under this
section, the Secretary of Defense shall coordinate with the heads of
any other departments and agencies of the Federal Government that are
affected by the performance of Federal Government contracts by
contractor personnel in Iraq.
(e) Additional Congressional Recipients.--In addition to submitting
the report on contractor security under this section to the
congressional defense committees, the Secretary of Defense shall also
submit the report to any other committees of Congress that the
Secretary determines appropriate to receive such report taking into
consideration the requirements of the Federal Government that
contractor personnel in Iraq are engaged in satisfying.
(f) Forms of Report.--The report required by this section shall be
submitted in classified and unclassified forms.
(g) Definitions.--In this section:
(1) The term ``contract security personnel'' includes
employees of a contractor or subcontractor who, under a covered
contract, provide security services in Iraq to--
(A) personnel or facilities of the United States
Government or the Coalition Provisional Authority;
(B) personnel or facilities of the Iraqi
Government; or
(C) personnel or facilities of a contractor.
(2) The term ``covered contract''--
(A) means a contract entered into by an agency of
the United States Government or by the Coalition
Provisional Authority for the procurement of products
or services to be provided in Iraq, regardless of the
source of the funding for such procurement; and
(B) includes a subcontract under such a contract,
regardless of the source of the funding for such
procurement.
(3) The term ``national of the United States'' has the
meaning given such term in section 101(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(22)).
(4) The term ``national'', except as provided in paragraph
(3), has the meaning given such term in section 101(21) of such
Act.
SEC. 1022. TECHNICAL CORRECTION TO REFERENCE TO CERTAIN ANNUAL REPORTS.
Section 2474(f)(2) of title 10, United States Code, is amended by
striking ``section 2466(e)'' and inserting ``section 2466(d)''.
SEC. 1023. STUDY OF ESTABLISHMENT OF MOBILIZATION STATION AT CAMP
RIPLEY NATIONAL GUARD TRAINING CENTER, LITTLE FALLS,
MINNESOTA.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall carry out and complete a study on
the feasibility of the use of Camp Ripley National Guard Training
Center, Little Falls, Minnesota, as a mobilization station for reserve
components ordered to active duty under provisions of law referred to
in section 101(a)(13)(B) of title 10, United States Code. The study
shall include consideration of the actions necessary to establish such
center as a mobilization station.
SEC. 1024. REPORT ON TRAINING PROVIDED TO MEMBERS OF THE ARMED FORCES
TO PREPARE FOR POST-CONFLICT OPERATIONS.
(a) Study on Training.--The Secretary of Defense shall conduct a
study to determine the extent to which members of the Armed Forces
assigned to duty in support of contingency operations receive training
in preparation for post-conflict operations and to evaluate the quality
of such training.
(b) Matters To Be Included in Study.--As part of the study under
subsection (a), the Secretary shall specifically evaluate the
following:
(1) The doctrine, training, and leader-development system
necessary to enable members of the Armed Forces to successfully
operate in post-conflict operations.
(2) The adequacy of the curricula at military educational
facilities to ensure that the Armed Forces has a cadre of
members skilled in post-conflict duties, including a
familiarity with applicable foreign languages and foreign
cultures.
(3) The training time and resources available to members
and units of the Armed Forces to develop cultural awareness
about ethnic backgrounds and religious beliefs of the people
living in areas in which post-conflict operations are likely to
occur.
(4) The adequacy of training transformation to emphasize
post-conflict operations, including interagency coordination in
support of combatant commanders.
(c) Report on Study.--Not later than May 1, 2005, 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 on
the result of the study conducted under this section.
SEC. 1025. REPORT ON AVAILABILITY OF POTENTIAL OVERLAND BALLISTIC
MISSILE DEFENSE TEST RANGES.
The Secretary of Defense shall submit to Congress a report
assessing the availability to the Department of Defense of potential
ballistic missile defense test ranges for overland intercept flight
tests of defenses against ballistic missile systems with a range of 750
to 1,500 kilometers.
SEC. 1026. OPERATION OF THE FEDERAL VOTING ASSISTANCE PROGRAM AND THE
MILITARY POSTAL SYSTEM.
(a) Requirement for Reports.--(1) The Secretary of Defense shall
submit to Congress two reports on the actions that the Secretary has
taken to ensure that--
(A) the Federal Voting Assistance Program functions
effectively to support absentee voting by members of the Armed
Forces deployed outside the United States in support of
Operation Iraqi Freedom, Operation Enduring Freedom, and all
other contingency operations; and
(B) the military postal system functions effectively to
support the morale of the personnel described in subparagraph
(A) and absentee voting by such members.
(2)(A) The first report under paragraph (1) shall be submitted not
later than 60 days after the date of the enactment of this Act.
(B) The second report under paragraph (1) shall be submitted not
later than 60 days after the date on which the first report is
submitted under that paragraph.
(3) In this subsection, the term ``Federal Voting Assistance
Program'' means the program referred to in section 1566(b)(1) of title
10, United States Code.
(b) Implementation of Recommended Postal System Improvements.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report setting forth--
(1) the actions taken to implement the recommendations of
the Military Postal Service Agency Task Force, dated 28 August
2000; and
(2) in the case of each such recommendation not implemented
or not fully implemented as of the date of report, the reasons
for not implementing or not fully implementing such
recommendation, as the case may be.
SEC. 1027. REPORT ON ESTABLISHING NATIONAL CENTERS OF EXCELLENCE FOR
UNMANNED AERIAL AND GROUND VEHICLES.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the need for one or more
national centers of excellence for unmanned aerial and ground vehicles.
(b) Goal of Centers.--The goal of the centers covered by the report
is to promote interservice cooperation and coordination in the
following areas:
(1) Development of joint doctrine for the organization,
training, and use of unmanned aerial and ground vehicles.
(2) Joint research, development, test, and evaluation, and
joint procurement of unmanned aerial and ground vehicles.
(3) Identification and coordination, in conjunction with
the private sector and academia, of the future development of
unmanned aerial and ground vehicles.
(4) Monitoring of the development and utilization of
unmanned aerial and ground vehicles in other nations for both
military and non-military purposes.
(5) The providing of joint training and professional
development opportunities in the use and operation of unmanned
aerial and ground vehicles to military personnel of all ranks
and levels of responsibility.
(c) Report Requirements.--The report shall include, at a minimum,
the following:
(1) A list of facilities where the Defense Department
currently conducts or plans to conduct research, development,
and testing activities on unmanned aerial and ground vehicles.
(2) A list of facilities where the Department of Defense
currently deploys or has committed to deploying unmanned aerial
or ground vehicles.
(3) The extent to which existing facilities described in
paragraphs (1) and (2) have sufficient unused capacity and
expertise to research, develop, test, and deploy the current
and next generations of unmanned aerial and ground vehicles and
to provide for the development of doctrine on the use and
training of operators of such vehicles.
(4) The extent to which efficiencies on research,
development, testing, and deployment of existing or future
unmanned aerial and ground vehicles can be achieved through
consolidation at one or more national centers of excellence for
unmanned aerial and ground vehicles.
(5) A list of potential locations for national centers of
excellence.
(d) Considerations.--In determining the potential locations for the
national centers of excellence under this section, the Secretary of
Defense shall take into consideration existing Air Force facilities
that have--
(1) a workforce of skilled personnel;
(2) existing capacity of runways and other facilities to
accommodate the research, testing, and deployment of current
and future unmanned aerial vehicles; and
(3) minimal restrictions on the research, development, and
testing of unmanned aerial vehicles resulting from proximity to
large population centers or airspace heavily utilized by
commercial flights.
SEC. 1028. REPORT ON POST-MAJOR COMBAT OPERATIONS PHASE OF OPERATION
IRAQI FREEDOM.
(a) Report Required.--(1) Not later than March 31, 2005, the
Secretary of Defense shall submit to the congressional defense
committees a report on the conduct of military operations during the
post-major combat operations phase of Operation Iraqi Freedom.
(2) The report shall be prepared in consultation with the Chairman
of the Joint Chiefs of Staff, the Commander of the United States
Central Command, and such other officials as the Secretary considers
appropriate.
(b) Content.--(1) The report shall include a discussion of the
matters described in paragraph (2), with a particular emphasis on
accomplishments and shortcomings and on near-term and long-term
corrective actions to address such shortcomings.
(2) The matters to be discussed in the report are as follows:
(A) The military and political objectives of the
international coalition conducting the post-major combat
operations phase of Operation Iraqi Freedom, and the military
strategy selected to achieve such objectives, together with an
assessment of the execution of the military strategy.
(B) The mobilization process for the reserve components of
the Armed Forces, including the timeliness of notification,
training and certification, and subsequent demobilization.
(C) The use and performance of major items of United States
military equipment, weapon systems, and munitions (including
non-lethal weapons and munitions, items classified under
special access procedures, and items drawn from prepositioned
stocks) and any expected effects of the experience with the use
and performance of such items on the doctrinal and tactical
employment of such items and on plans for continuing the
acquisition of such items.
(D) Any additional requirements for military equipment,
weapon systems, munitions, force structure, or other capability
identified during the post-major combat operations phase of
Operation Iraqi Freedom, including changes in type or quantity
for future operations.
(E) The effectiveness of joint air operations, together
with an assessment of the effectiveness of--
(i) the employment of close air support; and
(ii) attack helicopter operations.
(F) The use of special operations forces, including
operational and intelligence uses.
(G) The scope of logistics support, including support to
and from other nations and from international organizations and
organizations and individuals from the private sector in Iraq.
(H) The incidents of accidental fratricide, including a
discussion of the effectiveness of the tracking of friendly
forces and the use of the combat identification systems in
mitigating friendly fire incidents.
(I) The adequacy of spectrum and bandwidth to transmit
information to operational forces and assets, including
unmanned aerial vehicles, ground vehicles, and individual
soldiers.
(J) The effectiveness of strategic, operational, and
tactical information operations, including psychological
operations and assets, organization, and doctrine related to
civil affairs, in achieving established objectives, together
with a description of technological and other restrictions on
the use of information operations capabilities.
(K) The readiness of the reserve component forces used in
the post-major combat operations phase of Operation Iraqi
Freedom, including an assessment of the success of the reserve
component forces in accomplishing their missions.
(L) The adequacy of intelligence support during the post-
major combat operations phase of Operation Iraqi Freedom,
including the adequacy of such support in searches for weapons
of mass destruction.
(M) The rapid insertion and integration, if any, of
developmental but mission-essential equipment, organizations,
or procedures during the post-major combat operations phase of
Operation Iraqi Freedom.
(N) A description of the coordination, communication, and
unity of effort between the Armed Forces, the Coalition
Provisional Authority, other United States government agencies
and organizations, nongovernmental organizations, and
political, security, and nongovernmental organizations of Iraq,
including an assessment of the effectiveness of such efforts.
(O) The adequacy of training for military units once
deployed to the United States Central Command, including
training for changes in unit mission and continuation training
for high-intensity conflict missions.
(P) An estimate of the funding required to return or
replace equipment used to date in Operation Iraqi Freedom,
including equipment in prepositioned stocks, to mission-ready
condition.
(Q) A description of military civil affairs and
reconstruction efforts, including through the Commanders
Emergency Response Program, and an assessment of the
effectiveness of such efforts and programs.
(R) The adequacy of the requirements determination and
acquisition processes, acquisition, and distribution of force
protection equipment, including personal gear, vehicles,
helicopters, and defense devices.
(S) The most critical lessons learned that could lead to
long-term doctrinal, organizational, and technological changes,
and the probable effects that an implementation of those
changes would have on current visions, goals, and plans for
transformation of the Armed Forces or the Department of
Defense.
(T) The planning for and implementation of morale, welfare,
and recreation programs for deployed forces and support to
dependents, including rest and recuperation programs and
personal communication benefits such as telephone, mail, and
email services, including an assessment of the effectiveness of
such programs.
(U) An analysis of force rotation plans, including
individual personnel and unit rotations, differing deployment
lengths, and in-theater equipment repair and leave behinds.
(c) Form of Report.--The report shall be submitted in unclassified
form, but may include a classified annex.
(d) Post-Major Combat Operations Phase of Operation Iraqi Freedom
Defined.--In this section, the term ``post-major combat operations
phase of Operation Iraqi Freedom'' means the period of Operation Iraqi
Freedom beginning on May 2, 2003, and ending on December 31, 2004.
SEC. 1029. COMPTROLLER GENERAL ANALYSIS OF USE OF TRANSITIONAL BENEFIT
CORPORATIONS IN CONNECTION WITH COMPETITIVE SOURCING OF
PERFORMANCE OF DEPARTMENT OF DEFENSE ACTIVITIES AND
FUNCTIONS.
(a) Requirement for Analysis.--Not later than February 1, 2005, the
Comptroller General shall submit to Congress an analysis of the
potential for use of transitional benefit corporations in connection
with competitive sourcing of the performance of activities and
functions of the Department of Defense.
(b) Specific Issues.--The analysis under this section shall--
(1) address the capabilities of transitional benefit
corporations--
(A) to preserve human capital and surge capability;
(B) to promote economic development and job
creation;
(C) to generate cost savings; and
(D) to generate efficiencies that are comparable to
or exceed the efficiencies that result from competitive
sourcing carried out by the Department of Defense under
the procedures applicable to competitive sourcing by
the Department of Defense; and
(2) identify areas within the Department of Defense in
which transitional benefit corporations could be used to add
value, reduce costs, and provide opportunities for beneficial
use of employees and other resources that are displaced by
competitive sourcing of the performance of activities and
functions of the Department of Defense.
(d) Transitional Benefit Corporation Defined.--In this section, the
term ``transitional benefit corporation'' means a corporation that
facilitates the transfer of designated (usually underutilized) real
estate, equipment, intellectual property, or other assets of the United
States to the private sector in a process that enables employees of the
United States in positions associated with the use of such assets to
retain eligibility for Federal employee benefits and to continue to
accrue those benefits.
SEC. 1029A. COMPTROLLER GENERAL STUDY OF PROGRAMS OF TRANSITION
ASSISTANCE FOR PERSONNEL SEPARATING FROM THE ARMED
FORCES.
(a) Requirement for Study.--The Comptroller General shall carry out
a study of the programs of the Department of Defense and other
departments and agencies of the Federal Government under which
transition assistance is provided to personnel who are separating from
active duty service in the Armed Forces.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit a report on
the results of the study to the Committees on Armed Services of the
Senate and the House of Representatives. The report shall include the
following matters:
(1) Regarding the transition assistance programs under
section 1142 and 1144 of title 10, United States Code--
(A) an analysis of the extent to which such
programs are meeting the current needs of members of
the Armed Forces as such personnel are discharged or
released from active duty, including--
(i) a discussion of the original purposes
of the programs;
(ii) a discussion of how the programs are
currently being administered in relationship to
those purposes; and
(iii) an assessment of whether the programs
are adequate to meet the current needs of
members of the reserve components, including
the National Guard; and
(B) any recommendations that the Comptroller
General considers appropriate for improving such
programs, including any recommendation regarding
whether participation by members of the Armed Forces in
such programs should be required.
(2) An analysis of the differences, if any, among the Armed
Forces and among the commands of military installations of the
Armed Forces regarding how transition assistance is being
provided under the transition assistance programs, together
with any recommendations that the Comptroller General considers
appropriate--
(A) to achieve uniformity in the provision of
assistance under such programs; and
(B) to ensure that the transition assistance is
provided under such programs to members of the Armed
Forces who are being separated at medical facilities of
the uniformed services or Department of Veterans
Affairs medical centers and to Armed Forces personnel
on a temporary disability retired list under section
1202 or 1205 of title 10, United States Code.
(3) An analysis of the relationship of Department of
Defense transition assistance programs to the transition
assistance programs of the Department of Veterans Affairs and
the Department of Labor, including the relationship of the
benefits delivery at discharge program carried out jointly by
the Department of Defense and the Department of Veterans
Affairs to the other transition assistance programs.
(4) The rates of participation of Armed Forces personnel in
the transition assistance programs, together with any
recommendations that the Comptroller General considers
appropriate to increase such participation rates, including any
revisions of such programs that could result in increased
participation.
(5) An assessment of whether the transition assistance
information provided to Armed Forces personnel omits transition
information that would be beneficial to such personnel,
including an assessment of the extent to which information is
provided under the transition assistance programs regarding
participation in Federal Government procurement opportunities
available at prime contract and subcontract levels to veterans
with service-connected disabilities and other veterans,
together with any recommendations that the Comptroller General
considers appropriate regarding additional information that
should be provided and any other recommendations that the
Comptroller General considers appropriate for enhancing the
provision of counseling on such procurement opportunities.
(6) An assessment of the extent to which representatives of
military service organizations and veterans' service
organizations are afforded opportunities to participate, and do
participate, in preseparation briefings under transition
assistance programs, together with any recommendations that the
Comptroller General considers appropriate regarding how
representatives of such organizations could better be used to
disseminate transition assistance information and provide
preseparation counseling to Armed Forces personnel, including
personnel of the reserve components who are being released from
active duty for continuation of service in the reserve
components.
(7) An analysis of the use of post-deployment and
predischarge health screenings, together with any
recommendations that the Comptroller General considers
appropriate regarding whether and how to integrate the health
screening process and the transition assistance programs into a
single, coordinated preseparation program for Armed Forces
personnel being discharged or released from active duty.
(8) An analysis of the processes of the Armed Forces for
conducting physical examinations of members of the Armed Forces
in connection with discharge and release from active duty,
including--
(A) how post-deployment questionnaires are used;
(B) the extent to which Armed Forces personnel
waive the physical examinations; and
(C) how, and the extent to which, Armed Forces
personnel are referred for followup health care.
(9) A discussion of the current process by which mental
health screenings are conducted, followup mental health care is
provided for, and services are provided in cases of post-
traumatic stress disorder and related conditions for members of
the Armed Forces in connection with discharge and release from
active duty, together with--
(A) for each of the Armed Forces, the programs that
are in place to identify and treat cases of post-
traumatic stress disorder and related conditions; and
(B) for persons returning from deployments in
connection with Operation Enduring Freedom and
Operation Iraqi Freedom--
(i) the number of persons treated as a
result of such screenings; and
(ii) the types of interventions.
(c) Acquisition of Supporting Information.--In carrying out the
study under this section, the Comptroller General shall seek to obtain
views from the following persons:
(1) The Secretary of Defense and the Secretaries of the
military departments.
(2) The Secretary of Veterans Affairs.
(3) The Secretary of Labor.
(4) Armed Forces personnel who have received transition
assistance under the programs covered by the study and Armed
Forces personnel who have declined to accept transition
assistance offered under such programs.
(5) Representatives of military service organizations and
representatives of veterans' service organizations.
(6) Persons having expertise in health care (including
mental health care) provided under the Defense Health Program,
including Department of Defense personnel, Department of
Veterans Affairs personnel, and persons in the private sector.
SEC. 1029B. STUDY ON COORDINATION OF JOB TRAINING AND CERTIFICATION
STANDARDS.
(a) Requirement for Study.--The Secretary of Defense and the
Secretary of Labor shall jointly carry out a study to determine ways to
coordinate the standards applied by the Armed Forces for the training
and certification of members of the Armed Forces in military
occupational specialties with the standards that are applied to
corresponding civilian occupations by occupational licensing or
certification agencies of governments and occupational certification
agencies in the private sector.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Labor shall submit a joint
report on the results of the study under subsection (a) to Congress.
SEC. 1029C. CONTENT OF PRESEPARATION COUNSELING FOR PERSONNEL
SEPARATING FROM ACTIVE DUTY SERVICE.
Section 1142 of title 10, United States Code, is amended--
(1) by adding at the end of subsection (b) the following
new paragraph:
``(11) Information on participation in Federal Government
procurement opportunities that are available at the prime
contract level and at subcontract levels to veterans with
service-connected disabilities and other veterans.''; and
(2) by adding at the end the following new subsection:
``(d) Requirements Relating to Counseling on Procurement
Opportunities.--(1) For the counseling under subsection (b)(11), the
Secretary concerned may provide for participation of representatives of
the Secretary of Veterans Affairs, representatives of the Administrator
of the Small Business Administration, representatives of other
appropriate executive agencies, and representatives of Veterans'
Business Outreach Centers and Small Business Development Centers.
``(2) The Secretary concerned may provide for the counseling under
paragraph (11) of subsection (b) to be offered at medical centers of
the Department of Veterans Affairs as well as the medical care
facilities of the uniformed services and other facilities at which the
counseling on the other matters required under such subsection is
offered. The access of representatives described in paragraph (1) to a
member of the armed forces to provide such counseling shall be subject
to the consent of that member.''.
SEC. 1029D. PERIODIC DETAILED ACCOUNTING FOR OPERATIONS OF THE GLOBAL
WAR ON TERRORISM.
(a) Quarterly Accounting.--Not later than 45 days after the end of
each quarter of a year, the Secretary of Defense shall submit to the
congressional defense committees, for such quarter for each operation
described in subsection (b), a full accounting of all costs incurred
for such operation during such quarter and all amounts expended during
such quarter for such operation, and the purposes for which such costs
were incurred and such amounts were expended.
(b) Operations Covered.--The operations referred to in subsection
(a) are as follows:
(1) Operation Iraqi Freedom.
(2) Operation Enduring Freedom.
(3) Operation Noble Eagle.
(4) Any other operation that the President designates as
being an operation of the Global War on Terrorism.
(c) Requirement for Comprehensiveness.--For the purpose of
providing a full and complete accounting of the costs and expenditures
under subsection (a) for operations described in subsection (b), the
Secretary shall account in the quarterly submission under subsection
(a) for all costs and expenditures that are reasonably attributable to
such operations, including personnel costs.
SEC. 1029E. REPORT ON THE STABILIZATION OF IRAQ.
Not later than 120 days after the date of the enactment of this
Act, the President shall submit to the congressional defense committees
an unclassified report (with classified annex, if necessary) on the
strategy of the United States and coalition forces for stabilizing
Iraq. The report shall contain a detailed explanation of the strategy,
together with the following information:
(1) A description of the efforts of the President to work
with the United Nations to provide support for, and assistance
to, the transitional government in Iraq, and, in particular,
the efforts of the President to negotiate and secure adoption
by the United Nations Security Council of Resolution 1546.
(2) A description of the efforts of the President to
continue to work with North Atlantic Treaty Organization (NATO)
member states and non-NATO member states to provide support for
and augment coalition forces, including efforts, as determined
by the United States combatant commander, in consultation with
coalition forces, to evaluate the--
(A) the current military forces of the NATO and
non-NATO member countries deployed to Iraq;
(B) the current police forces of NATO and non-NATO
member countries deployed to Iraq; and
(C) the current financial resources of NATO and
non-NATO member countries provided for the
stabilization and reconstruction of Iraq.
(3) As a result of the efforts described in paragraph (2)--
(A) a list of the NATO and non-NATO member
countries that have deployed and will have agreed to
deploy military and police forces; and
(B) with respect to each such country, the schedule
and level of such deployments.
(4) A description of the efforts of the United States and
coalition forces to develop the domestic security forces of
Iraq for the internal security and external defense of Iraq,
including a description of United States plans to recruit,
train, equip, and deploy domestic security forces of Iraq.
(5) As a result of the efforts described in paragraph (4)--
(A) the number of members of the security forces of
Iraq that have been recruited;
(B) the number of members of the security forces of
Iraq that have been trained; and
(C) the number of members of the security forces of
Iraq that have been deployed.
(6) A description of the efforts of the United States and
coalition forces to assist in the reconstruction of essential
infrastructure of Iraq, including the oil industry, electricity
generation, roads, schools, and hospitals.
(7) A description of the efforts of the United States,
coalition partners, and relevant international agencies to
assist in the development of political institutions and prepare
for democratic elections in Iraq.
(8) A description of the obstacles, including financial,
technical, logistic, personnel, political, and other obstacles,
faced by NATO in generating and deploying military forces out
of theater to locations such as Iraq.
SEC. 1029F. REPORTS ON MATTERS RELATING TO DETAINMENT OF PRISONERS BY
THE DEPARTMENT OF DEFENSE.
(a) Reports Required.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Defense shall submit to the appropriate committees of Congress a report
on the population of persons held by the Department of Defense for more
than 45 days and on the facilities in which such persons are held.
(b) Report Elements.--Each report under subsection (a) shall
include the following:
(1) General information on the foreign national detainees
in the custody of the Department on the date of such report,
including the following:
(A) The best estimate of the Department of the
number of the total number of detainees in the custody
of the Department as of the date of such report.
(B) The countries in which such detainees were
detained, and the number of detainees detained in each
such country.
(C) The best estimate of the Department of the
total number of detainees released from the custody of
the Department during the one-year period ending on the
date of such report.
(2) For each foreign national detained and
registered with the National Detainee Reporting Center
by the Department on the date of such report the
following:
(A) The Internment Serial Number or other
appropriate identification number.
(B) The nationality, if available.
(C) The place at which taken into custody, if
available.
(D) The circumstances of being taken into custody,
if available.
(E) The place of detention.
(F) The current length of detention.
(G) A categorization as a civilian detainee, enemy
prisoner of war/prisoner of war, or enemy combatant.
(H) Information as to transfer to the jurisdiction
of another country, including the identity of such
country.
(3) Information on the detention facilities and practices
of the Department for the one-year period ending on the date of
such report, including for each facility of the Department at
which detainees were detained by the Department during such
period the following:
(A) The name of such facility.
(B) The location of such facility.
(C) The number of detainees detained at such
facility as of the end of such period.
(D) The capacity of such facility.
(E) The number of military personnel assigned to
such facility as of the end of such period.
(F) The number of other employees of the United
States Government assigned to such facility as of the
end of such period.
(G) The number of contractor personnel assigned to
such facility as of the end of such period.
(c) Form of Report.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
Subtitle D--Matters Relating to Space
SEC. 1031. SPACE POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to clarify the
national security space policy and strategy of the United States for
the near term, the Secretary of Defense shall conduct a comprehensive
review of the space posture of the United States over the posture
review period.
(b) Elements of Review.--The review conducted under subsection (a)
shall include, for the posture review period, the following:
(1) The role of space in United States military and
national security strategy, planning, and programming.
(2) The policy, requirements, and objectives for space
situational awareness.
(3) The policy, requirements, and objectives for space
control.
(4) The policy, requirements, and objectives for space
superiority, including defensive and offensive counterspace.
(5) The policy, requirements, and objectives for space
exploitation, including force enhancement and force
application.
(6) The policy, requirements, and objectives for
intelligence surveillance and reconnaissance from space.
(7) Current and planned space programs, including how each
such program will address the policy, requirements, and
objectives described in paragraphs (1) through (6).
(8) The relationship among United States military space
policy and national security space policy, space objectives,
and arms control policy.
(9) The type of systems, including space systems, that are
necessary to implement United States military and national
security space policies.
(10) The effect of United States national security space
policy on weapons proliferation.
(c) Reports.--(1) Not later than March 15, 2005, the Secretary of
Defense shall submit to the congressional defense committees an interim
report on the review conducted under subsection (a).
(2) Not later than December 31, 2005, the Secretary shall submit to
the congressional defense committees a final report on the review.
(3) Each report under this subsection shall be submitted in
unclassified form, but may include a classified annex.
(4) The reports under this subsection shall also be submitted to
the Select Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Representatives.
(d) Joint Undertaking With the Director of Central Intelligence.--
The Secretary of Defense shall conduct the review under this section,
and submit the reports under subsection (c), jointly with the Director
of Central Intelligence.
(e) Posture Review Period Defined.--In this section, the term
``posture review period'' means the period beginning one year after the
date of the enactment of this Act and ending ten years after that date.
SEC. 1032. PANEL ON THE FUTURE OF MILITARY SPACE LAUNCH.
(a) In General.--(1) The Secretary of Defense shall enter into a
contract with a federally funded research and development center to
establish a panel on the future military space launch requirements of
the United States, including means of meeting such requirements.
(2) The Secretary shall enter into the contract not later than 60
days after the date of the enactment of this Act.
(b) Membership and Administration of Panel.--(1) The panel shall
consist of individuals selected by the federally funded research and
development center from among private citizens of the United States
with knowledge and expertise in one or more of the following areas:
(A) Space launch operations.
(B) Space launch technologies.
(C) Satellite and satellite payloads.
(D) State and national launch complexes.
(E) Space launch economics.
(2) The federally funded research and development center shall
establish appropriate procedures for the administration of the panel,
including designation of the chairman of the panel from among its
members.
(3) All panel members shall hold security clearances appropriate
for the work of the panel.
(4) The panel shall convene its first meeting not later than 30
days after the date on which all members of the panel have been
selected.
(c) Duties.--(1) The panel shall conduct a review and assessment of
the future military space launch requirements of the United States,
including the means of meeting such requirements.
(2) The review and assessment shall take into account matters as
follows:
(A) Launch economics.
(B) Operational concepts and architectures.
(C) Launch technologies, including--
(i) reusable launch vehicles;
(ii) expendable launch vehicles;
(iii) low cost options; and
(iv) revolutionary approaches.
(D) Payloads, including their implications for launch
requirements.
(E) Launch infrastructure.
(F) Launch industrial base.
(G) Relationships among military, civilian, and commercial
launch requirements.
(3) The review and assessment shall address military space launch
requirements over each of the 5-year, 10-year, and 15-year periods
beginning with 2005.
(d) Cooperation of Federal Agencies.--(1) The panel may secure
directly from the Department of Defense or any other department or
agency of the Federal Government any information that the panel
considers necessary to carry out its duties.
(2) The Secretary of Defense shall designate at least one senior
civilian employee of the Department of Defense and at least one general
or flag officer of an Armed Force to serve as liaison between the
Department, the Armed Forces, and the panel.
(e) Report.--Not later than one year after the date of the first
meeting of the panel under subsection (b)(4), the panel shall submit to
the Secretary of Defense, the congressional defense committees, the
Select Committee on Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House of Representatives a
report on the results of the review and assessment under subsection
(c). The report shall include--
(1) the findings and conclusions of the panel on the future
military space launch requirements of the United States,
including means of meeting such requirements;
(2) the assessment of panel, and any recommendations of the
panel, on--
(A) launch operational concepts and architectures;
(B) launch technologies;
(C) launch enabling technologies; and
(D) priorities for funding; and
(3) the assessment of the panel as to the best means of
meeting the future military space launch requirements of the
United States.
(f) Termination.--The panel shall terminate 16 months after the
date on which the chairman of the panel is designated pursuant to
subsection (b)(2).
(g) Funding.--Amounts authorized to be appropriated to the
Department of Defense shall be available to the Secretary of Defense
for purposes of the contract required by subsection (a).
SEC. 1033. OPERATIONALLY RESPONSIVE NATIONAL SECURITY PAYLOADS FOR
SPACE SATELLITES.
(a) Planning, Programming, and Management.--(1) Chapter 135 of
title 10, United States Code, is amended by inserting after section
2273 the following new section:
``Sec. 2273a. Operationally responsive national security payloads
``(a) Requirement for Program Element.--The Secretary of Defense
shall ensure that operationally responsive national security payloads
of the Department of Defense for space satellites are planned,
programmed, and budgeted for as a separate, dedicated program element.
``(b) Management Authority.--The Secretary of Defense shall assign
management authority for the program element required under subsection
(a) to the Director of the Office of Force Transformation.
``(c) Definition of Operationally Responsive.--In this section, the
term `operationally responsive', with respect to a national security
payload for a space satellite, means an experimental or operational
payload not in excess of 5,000 pounds that--
``(1) can be developed and acquired within 18 months after
authority to proceed with development is granted; and
``(2) is responsive to requirements for capabilities at the
operational and tactical levels of warfare.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2273 the
following new item:
``2273a. Operationally responsive national security payloads.''.
(b) Time for Implementation.--Section 2273a(a) of title 10, United
States Code, shall apply with respect to fiscal years beginning after
September 30, 2005.
(c) Funding.--Of the amount authorized to be appropriated under
section 201(4), $25,000,000 shall be available for research,
development, test, and evaluation of operationally responsive national
security payloads for space satellites.
SEC. 1034. NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL SATELLITE
OPERATIONS.
(a) Disclosure Prohibited.--Land remote sensing information may not
be disclosed under section 552 of title 5, United States Code.
(b) Land Remote Sensing Information Defined.--In this section, the
term ``land remote sensing information''--
(1) means any data that--
(A) are collected by land remote sensing; and
(B) are prohibited from sale to customers other
than the United States Government and its affiliated
users under the Land Remote Sensing Policy Act of 1992
(15 U.S.C. 5601 et seq.); and
(2) includes any imagery and other product that is derived
from such data.
(c) State or Local Government Disclosures.--Land remote sensing
information provided by the head of a department or agency of the
United States to a State or local government may not be made available
to the general public under any State or local law relating to the
disclosure of information or records.
(d) Safeguarding Information.--The head of each department or
agency of the United States having land remote sensing information
within that department or agency or providing such information to a
State or local government shall take such actions, commensurate with
the sensitivity of that information, as are necessary to protect that
information from disclosure prohibited under this section.
(e) Other Definitions.--In this section, the terms ``land remote
sensing'' and ``United States Government and its affiliated users''
have the meanings given such terms in section 3 of such Act (15 U.S.C.
5602).
SEC. 1035. SENSE OF CONGRESS ON SPACE LAUNCH RANGES.
It is the sense of Congress that the Secretary of Defense should
provide support for, and continue the development, certification, and
deployment of range safety systems that are capable of--
(1) reducing costs related to national security space
launches and launch infrastructure; and
(2) enhancing technical capabilities and operational safety
at the Eastern, Western, and other United States space launch
ranges.
Subtitle E--Defense Against Terrorism
SEC. 1041. TEMPORARY ACCEPTANCE OF COMMUNICATIONS EQUIPMENT PROVIDED BY
LOCAL PUBLIC SAFETY AGENCIES.
(a) Authority.--Chapter 155 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2613. Emergency communications equipment: temporary acceptance
from local public safety agencies
``(a) Authority for Temporary Acceptance of Equipment.--(1) Under
regulations prescribed by the Secretary concerned, the commander of a
military installation may include in a disaster response agreement with
a local public safety agency a clause that provides for the commander
to accept from the public safety agency for use during a natural or
man-made disaster any communications equipment that is useful for
communicating with such agency during a joint response by the commander
and such agency to such disaster.
``(2) The authority under paragraph (1) includes authority to
accept services related to the operation and maintenance of
communications equipment accepted under that paragraph.
``(3) In the case of a military installation administered by an
officer or employee of the United States, such officer or employee may
exercise the authority of a commander under this section.
``(b) Conditions.--Acceptance of communications equipment and
services by a commander from a public safety agency under subsection
(a) is subject to the following conditions:
``(1) Acceptance of equipment is authorized only to the
extent that communications equipment under the control of the
commander is inadequate to meet requirements for communicating
with that public safety agency during a joint response to a
disaster.
``(2) Acceptance of services for the operation or
maintenance of communications equipment is authorized only to
the extent that capabilities under the control of the commander
are inadequate to operate or maintain such equipment.
``(c) Liability.--(1) An emergency response agreement under this
section shall include a clause that--
``(A) specifies the means for the commander to pay for use,
loss, or damage of equipment, and for services, accepted under
the agreement; or
``(B) ensures that the United States is not liable for
costs incurred for the acceptance and use of the equipment or
services nor for any loss or damage of such equipment.
``(2) No person providing services accepted under an emergency
response agreement may be considered to be an officer, employee, or
agent of the United States for any purpose.
``(d) Guidance.--The Secretary of Defense shall prescribe guidance
for the administration of the requirements and authority under this
section.
``(e) Definitions.--In this section:
``(1) The term `emergency response agreement' means a
memorandum of agreement or memorandum of understanding that
provides for mutual support by Department of Defense personnel
and local public safety agency personnel in response to a
natural or man-made disaster.
``(2) The term `military installation' has the meaning
given such term in section 2801(c) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2613. Emergency communications equipment: temporary acceptance from
local public safety agencies.''.
SEC. 1042. FULL-TIME DEDICATION OF AIRLIFT SUPPORT FOR HOMELAND DEFENSE
OPERATIONS.
(a) Determination Required.--(1) The Secretary of Defense shall
determine the feasibility and advisability of dedicating an airlift
capability of the Armed Forces on a full-time basis to the support of
homeland defense operations, including operations in support of
contingent requirements for transporting Weapons of Mass Destruction
Civil Support Teams, Air Force expeditionary medical teams, and
Department of Energy emergency response teams in response to natural
disasters and man-made disasters.
(2) In making the determination under paragraph (1), the Secretary
shall take into consideration the results of the study required under
subsection (b).
(b) Requirement for Study and Plan.--(1) The Secretary of Defense
shall conduct a study of the existing plans and capabilities of the
Department of Defense for meeting contingent requirements for
transporting teams described in subsection (a)(1) in response to
natural disasters and man-made disasters.
(2) The Secretary shall prepare a plan for resolving any
deficiencies in the existing plans and capabilities for meeting the
transportation requirements described in paragraph (1).
(3) The Secretary of Defense shall require the commander of the
United States Northern Command and the commander of the United States
Transportation Command to carry out jointly the study required under
paragraph (1) and to prepare jointly the plan required under paragraph
(2).
(c) Report.--Not later than April 1, 2005, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the study under
subsection (b). The report shall include the following matters:
(1) The Secretary's determination under subsection (a).
(2) An assessment and discussion of the adequacy of
existing plans and capabilities of the Department of Defense
for meeting the transportation requirements described in
subsection (b)(1).
(3) The plan required under subsection (b)(2).
(d) Definition.--In this section, the term ``Weapons of Mass
Destruction Civil Support Team'' has the meaning given such term in
section 305b(e) of title 37, United States Code.
SEC. 1043. SURVIVABILITY OF CRITICAL SYSTEMS EXPOSED TO CHEMICAL OR
BIOLOGICAL CONTAMINATION.
(a) Requirement for Implementation Plan.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a plan, for
implementation by the Department of Defense, that sets forth a
systematic approach for ensuring the survivability of defense critical
systems upon contamination of such systems by chemical or biological
agents.
(b) Content.--At a minimum, the plan under subsection (a) shall
include--
(1) policies for ensuring that the survivability of defense
critical systems in the event of contamination by chemical or
biological agents is adequately addressed throughout the
Department of Defense;
(2) a systematic process for identifying which systems are
defense critical systems;
(3) specific testing procedures to be used during the
design and development of new defense critical systems; and
(4) a centralized database that--
(A) contains comprehensive information on the
effects of chemical and biological agents and
decontaminants on materials used in defense critical
systems; and
(B) is easily accessible to personnel who have
duties to ensure the survivability of defense critical
systems upon contamination of such systems by chemical
and biological agents.
(c) Defense Critical Systems Defined.--In this section, the term
``defense critical system'' means a Department of Defense system that
is critical to the national security of the United States.
Subtitle F--Matters Relating to Other Nations
SEC. 1051. HUMANITARIAN ASSISTANCE FOR THE DETECTION AND CLEARANCE OF
LANDMINES AND EXPLOSIVE REMNANTS OF WAR.
(a) Restatement and Expansion of Authority.--(1) Chapter 20 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 406. Humanitarian assistance for the detection and clearance of
landmines and explosive remnants of war
``(a) In General.--Under regulations prescribed by the Secretary of
Defense, members of the armed forces may provide humanitarian
assistance for the detection and clearance of landmines or explosive
remnants of war in a foreign country, including activities relating to
the furnishing of education, training, and technical assistance, if the
Secretary determines that the provision of such assistance will
promote--
``(1) the security interests of both the United States and
the country in which such assistance is to be provided; and
``(2) the specific operational readiness skills of the
members of the armed forces who provide such assistance.
``(b) Limitations on Activities of Members of the Armed Forces.--
The Secretary shall ensure that no member of the armed forces, while
providing assistance under this section--
``(1) engages in the physical detection, lifting or
destroying of landmines or explosive remnants of war (unless
the member does so for the concurrent purpose of supporting a
United States military operation); or
``(2) provides such assistance as part of a military
operation that does not involve the armed forces.
``(c) Requirement for Approval of Secretary of State.--Humanitarian
assistance for the detection and clearance of landmines and remnants of
war may not be provided under this section to any foreign country
unless the Secretary of State specifically approves the provision of
such assistance to such foreign country.
``(d) Availability of Funds for Certain Expenses.--(1) To the
extent provided in Acts authorizing appropriations for military
activities of the Department of Defense, funds authorized to be
appropriated to the Department for a fiscal year for humanitarian
assistance shall be available for the purpose of providing assistance
under this section.
``(2) Expenses incurred as a direct result of providing
humanitarian assistance under this section to a foreign country shall
be paid out of funds specifically appropriated for such purpose.
``(3) Expenses covered by paragraph (2) include the following:
``(A) Travel, transportation, and subsistence expenses of
Department of Defense personnel providing humanitarian
assistance under this section.
``(B) The cost of any equipment, services, or supplies
acquired for the purpose of carrying out or supporting the
provision of such assistance, including any nonlethal,
individual, or small-team landmine or explosive remnant of war
clearing equipment or supplies that are to be transferred or
otherwise furnished to a foreign country in furtherance of the
provision of assistance under this section.
``(4) The cost of equipment, services and supplies provided in any
fiscal year to a foreign country under paragraph (3)(B) may not exceed
$5,000,000.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``406. Humanitarian assistance for the detection and clearance of
landmines and explosive remnants of war.''.
(b) Repeal of Superseded Authority.--Section 401 of such title is
amended--
(1) in subsection (a), by striking paragraph (4);
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(1)''; and
(B) by striking paragraph (2);
(3) in subsection (c)--
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph
(2); and
(4) in subsection (e), by striking paragraph (5).
SEC. 1052. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND COUNTERTERRORISM
CAMPAIGN IN COLOMBIA.
(a) Authority.--(1) In fiscal years 2005 and 2006, funds available
to the Department of Defense to provide assistance to the Government of
Colombia may be used by the Secretary of Defense to support a unified
campaign by the Government of Colombia against narcotics trafficking
and against activities by organizations designated as terrorist
organizations, such as the Revolutionary Armed Forces of Colombia
(FARC), the National Liberation Army (ELN), and the United Self-Defense
Forces of Colombia (AUC).
(2) The authority to provide assistance for a campaign under this
subsection includes authority to take actions to protect human health
and welfare in emergency circumstances, including the undertaking of
rescue operations.
(b) Applicability of Certain Laws and Limitations.--The use of
funds pursuant to the authority in subsection (a) shall be subject to
the following:
(1) Sections 556, 567, and 568 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2002
(Public Law 107-115; 115 Stat. 2160, 2165, and 2166).
(2) Section 8077 of the Department of Defense
Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1090).
(c) Numerical Limitation on Assignment of United States
Personnel.--Notwithstanding section 3204(b) of the Emergency
Supplemental Act, 2000 (Division B of Public Law 106-246; 114 Stat.
575), as amended by the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002 (Public Law 107-115; 115
Stat. 2131), the number of United States personnel assigned to conduct
activities in Colombia in connection with support of Plan Colombia
under subsection (a) in fiscal years 2005 and 2006 shall be subject to
the following limitations:
(1) The number of United States military personnel assigned
for temporary or permanent duty in Colombia in connection with
support of Plan Colombia may not exceed 800.
(2) The number of United States individual citizens
retained as contractors in Colombia in connection with support
of Plan Colombia who are funded by Federal funds may not exceed
600.
(d) Limitation on Participation of United States Personnel.--No
United States Armed Forces personnel, United States civilian employees,
or United States civilian contractor personnel employed by the United
States may participate in any combat operation in connection with
assistance using funds pursuant to the authority in subsection (a),
except for the purpose of acting in self defense or of rescuing any
United States citizen, including any United States Armed Forces
personnel, United States civilian employee, or civilian contractor
employed by the United States.
(e) Relation to Other Authority.--The authority provided by
subsection (a) is in addition to any other authority in law to provide
assistance to the Government of Colombia.
(f) Report on Relationships Between Terrorist Organizations in
Colombia and Foreign Governments and Organizations.--(1) Not later than
60 days after the date of the enactment of this Act, the Secretary of
State shall, in consultation with the Secretary of Defense and the
Director of Central Intelligence, submit to the congressional defense
committees and the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives a
report that describes--
(A) any relationships between foreign governments or
organizations and organizations based in Colombia that have
been designated as foreign terrorist organizations under United
States law, including the provision of any direct or indirect
assistance to such organizations; and
(B) United States policies that are designed to address
such relationships.
(2) The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 1053. ASSISTANCE TO IRAQ AND AFGHANISTAN MILITARY AND SECURITY
FORCES.
(a) Authority.--Subject to the limitations in subsection (c), the
Secretary of Defense may provide assistance in fiscal year 2005 to Iraq
and Afghanistan military or security forces solely to enhance their
ability to combat terrorism and support United States or coalition
military operations in Iraq and Afghanistan, respectively.
(b) Type of Assistance.--Assistance provided under subsection (a)
may include equipment, supplies, services, and training.
(c) Limitations.--(1) The Secretary of Defense may provide
assistance under this section only with the concurrence of the
Secretary of State and, in any case in which section 104(e) of the
National Security Act of 1947 (50 U.S.C. 403-4(e)) applies, the
Director of Central Intelligence.
(2) The cost of assistance provided under this section may be paid
only out of funds available to the Department of Defense for fiscal
year 2005 for operation and maintenance and may not exceed
$250,000,000.
(d) Relationship to Other Authority.--The authority to provide
assistance under this section is in addition to any other authority to
provide assistance to Iraq and Afghanistan.
(e) Congressional Notification.--Not later than 15 days before
providing assistance to a recipient under this section, the Secretary
of Defense shall submit to the congressional defense committees a
notification of the assistance proposed to be provided.
SEC. 1054. ASSIGNMENT OF NATO NAVAL PERSONNEL TO SUBMARINE SAFETY
RESEARCH AND DEVELOPMENT PROGRAMS.
(a) Authority.--Chapter 631 of title 10, United States Code, is
amended by inserting after the item relating to section 7205 the
following new section:
``Sec. 7206. Submarine safety research and development: acceptance of
services of NATO naval personnel
``(a) Authority.--The Secretary of the Navy may, subject to
subsection (e), accept the assignment of one or more members of the
navy of another member country of the North Atlantic Treaty
Organization to a command of the Navy for work on the development,
standardization, or interoperability of submarine vessel safety and
rescue systems and procedures if the Secretary determines that doing so
would facilitate the development, standardization, and interoperability
of submarine vessel safety and rescue systems and procedures for the
Navy, the navy of that foreign country, and any other navy involved in
that work.
``(b) Reciprocity Not Required.--The authority under subsection (a)
is not an exchange program. Reciprocal assignments of members of the
Navy to a navy of a foreign country is not a condition for the exercise
of such authority.
``(c) Payment of Personnel Costs.--(1) The acceptance of a member
of a navy of a foreign country under this section is subject to the
condition that the government of that country pay the salary, per diem
allowance, subsistence costs, travel costs, cost of language or other
training, and other costs for that member in accordance with the laws
and regulations of such country.
``(2) Paragraph (1) does not apply to the following costs:
``(A) The cost of temporary duty directed by the Secretary
of the Navy or an officer of the Navy authorized to do so.
``(B) The cost of a training program conducted to
familiarize, orient, or certify foreign naval personnel
regarding unique aspects of their assignments.
``(C) Any cost incident to the use of the facilities of the
Navy in the performance of assigned duties.
``(d) Relationship to Other Authority.--The provisions of this
section shall apply to any other authority that the Secretary of the
Navy may exercise, subject to the concurrence of the Secretary of
State, to enter into an agreement with the government of a foreign
country to provide for the assignment of members of the navy of that
foreign country to a Navy submarine safety program. The Secretary of
the Navy may prescribe regulations for the application of this section
in the exercise of such authority.
``(e) Termination of Authority.--The Secretary of the Navy may not
accept the assignment of a member of the navy of a foreign country
under this section after September 30, 2008.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7205 the following new item:
``7206. Submarine safety research and development: acceptance of
services of NATO naval personnel.''.
SEC. 1055. COMPENSATION FOR FORMER PRISONERS OF WAR.
Any plan of the Secretary of Defense to provide compensation to an
individual who was injured in a military prison under the control of
the United States in Iraq shall include a provision to address the
injuries suffered by the 17 citizens of the United States who were held
as prisoners of war by the regime of Saddam Hussein during the First
Gulf War.
SEC. 1056. DRUG ERADICATION EFFORTS IN AFGHANISTAN.
(a) Findings.--Congress makes the following findings:
(1) The United States engaged in military action against
the Taliban-controlled Government of Afghanistan in 2001 in
direct response to the Taliban's support and aid to Al Qaeda.
(2) The military action against the Taliban in Afghanistan
was designed, in part, to disrupt the activities of, and
financial support for, terrorists.
(3) A greater percentage of the world's opium supply is now
produced in Afghanistan than before the Taliban banned the
cultivation or trade of opium.
(4) In 2004, more than two years after the Taliban was
forcefully removed from power, Afghanistan is supplying
approximately 75 percent of the world's heroin.
(5) The estimated value of the opium harvested in
Afghanistan in 2003 was $2,300,000,000.
(6) Some of the profits associated with opium harvested in
Afghanistan continue to fund terrorists and terrorist
organizations, including Al Qaeda, that seek to attack the
United States and United States interests.
(7) The global war on terror is and should remain our
Nation's highest national security priority.
(8) United States and Coalition counterdrug efforts in
Afghanistan have not yet produced significant results.
(9) There are indications of strong, direct connections
between terrorism and drug trafficking.
(10) The elimination of this funding source is critical to
making significant progress in the global war on terror.
(11) The President of Afghanistan, Hamid Karzai, has stated
that opium production poses a significant threat to the future
of Afghanistan, and has established a plan of action to deal
with this threat.
(12) The United Nations Office on Drugs and Crime has
reported that Afghanistan is at risk of again becoming a failed
state if strong actions are not taken against narcotics.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should make the substantial reduction of
drug trafficking in Afghanistan a priority in the war on
terror;
(2) the Secretary of Defense should, in coordination with
the Secretary of State, work to a greater extent in cooperation
with the Government of Afghanistan and international
organizations involved in counterdrug activities to assist in
providing a secure environment for counterdrug personnel in
Afghanistan; and
(3) because the trafficking of narcotics is known to
support terrorist activities and contributes to the instability
of the Government of Afghanistan, additional efforts should be
made by the Armed Forces of the United States, in conjunction
with and in support of coalition forces, to significantly
reduce narcotics trafficking in Afghanistan and neighboring
countries, with particular focus on those trafficking
organizations with the closest links to known terrorist
organizations.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report that describes--
(1) progress made towards substantially reducing the poppy
cultivation and heroin production capabilities in Afghanistan;
and
(2) the extent to which profits from illegal drug activity
in Afghanistan fund terrorist organizations and support groups
that seek to undermine the Government of Afghanistan.
SEC. 1057. HUMANE TREATMENT OF DETAINEES.
(a) Findings.--Congress makes the following findings:
(1) After World War II, the United States and its allies
created a new international legal order based on respect for
human rights. One of its fundamental tenets was a universal
prohibition on torture and ill treatment.
(2) On June 26, 2003, the International Day in Support of
Victims of Torture, President George W. Bush stated, ``The
United States is committed to the world-wide elimination of
torture and we are leading this fight by example. I call on all
governments to join with the United States and the community of
law-abiding nations in prohibiting, investigating, and
prosecuting all acts of torture and in undertaking to prevent
other cruel and unusual punishment.''.
(3) The United States is a party to the Geneva Conventions,
which prohibit torture, cruel treatment, or outrages upon
personal dignity, in particular, humiliating and degrading
treatment, during armed conflict.
(4) The United States is a party to 2 treaties that
prohibit torture and cruel, inhuman, or degrading treatment or
punishment, as follows:
(A) The International Covenant on Civil and
Political Rights, done at New York December 16, 1966.
(B) The Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, done at
New York December 10, 1984.
(5) The United States filed reservations to the treaties
described in subparagraphs (A) and (B) of paragraph (4) stating
that the United States considers itself bound to prevent
``cruel, inhuman or degrading treatment or punishment'' to the
extent that phrase means the cruel, unusual, and inhumane
treatment or punishment prohibited by the 5th amendment, 8th
amendment, or 14th amendment to the Constitution.
(6) Army Regulation 190-8 entitled ``Enemy Prisoners of
War, Retained Personnel, Civilian Internees and Other
Detainees'' provides that ``Inhumane treatment is a serious and
punishable violation under international law and the Uniform
Code of Military Justice (UCMJ).... All prisoners will receive
humane treatment without regard to race, nationality, religion,
political opinion, sex, or other criteria. The following acts
are prohibited: murder, torture, corporal punishment,
mutilation, the taking of hostages, sensory deprivation,
collective punishments, execution without trial by proper
authority, and all cruel and degrading treatment.... All
persons will be respected as human beings. They will be
protected against all acts of violence to include rape, forced
prostitution, assault and theft, insults, public curiosity,
bodily injury, and reprisals of any kind.... This list is not
exclusive.''.
(7) The Field Manual on Intelligence Interrogation of the
Department of the Army states that ``acts of violence or
intimidation, including physical or mental torture, threats,
insults, or exposure to inhumane treatment as a means of or an
aid to interrogation'' are ``illegal''. Such Manual defines
``infliction of pain through... bondage (other than legitimate
use of restraints to prevent escape)'', ``forcing an individual
to stand, sit, or kneel in abnormal positions for prolonged
periods of time'', ``food deprivation'', and ``any form of
beating'' as ``physical torture'', defines ``abnormal sleep
deprivation'' as ``mental torture'', and prohibits the use of
such tactics under any circumstances.
(8) The Field Manual on Intelligence Interrogation of the
Department of the Army states that ``Use of torture and other
illegal methods is a poor technique that yields unreliable
results, may damage subsequent collection efforts, and can
induce the source to say what he thinks the interrogator wants
to hear. Revelation of use of torture by U.S. personnel will
bring discredit upon the U.S. and its armed forces while
undermining domestic and international support for the war
effort. It may also place U.S. and allied personnel in enemy
hands at a greater risk of abuse by their captors.''.
(b) Prohibition on Torture or Cruel, Inhuman, or Degrading
Treatment or Punishment.--(1) No person in the custody or under the
physical control of the United States shall be subject to torture or
cruel, inhuman, or degrading treatment or punishment that is prohibited
by the Constitution, laws, or treaties of the United States.
(2) Nothing in this section shall affect the status of any person
under the Geneva Conventions or whether any person is entitled to the
protections of the Geneva Conventions.
(c) Rules, Regulations, and Guidelines.--(1) Not later than 180
days after the date of enactment of this Act, the Secretary shall
prescribe the rules, regulations, or guidelines necessary to ensure
compliance with the prohibition in subsection (b)(1) by the members of
the United States Armed Forces and by any person providing services to
the Department of Defense on a contract basis.
(2) The Secretary shall submit to the congressional defense
committees the rules, regulations, or guidelines prescribed under
paragraph (1), and any modifications to such rules, regulations, or
guidelines--
(A) not later than 30 days after the effective date of such
rules, regulations, guidelines, or modifications; and
(B) in a manner and form that will protect the national
security interests of the United States.
(d) Report to Congress.--(1) The Secretary shall submit, on a
timely basis and not less than twice each year, a report to Congress on
the circumstances surrounding any investigation of a possible violation
of the prohibition in subsection (b)(1) by a member of the Armed Forces
or by a person providing services to the Department of Defense on a
contract basis.
(2) A report required under paragraph (1) shall be submitted in a
manner and form that--
(A) will protect the national security interests of the
United States; and
(B) will not prejudice any prosecution of an individual
involved in, or responsible for, a violation of the prohibition
in subsection (b)(1).
(e) Definitions.--In this section:
(1) The term ``cruel, inhuman, or degrading treatment or
punishment'' means the cruel, unusual, and inhumane treatment
or punishment prohibited by the 5th amendment, 8th amendment,
or 14th amendment to the Constitution.
(2) The term ``Geneva Conventions'' means--
(A) the Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in
the Field, done at Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the
Condition of the Wounded, Sick, and Shipwrecked Members
of Armed Forces at Sea, done at Geneva August 12, 1949
(6 UST 3217);
(C) the Convention Relative to the Treatment of
Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316); and
(D) the Convention Relative to the Protection of
Civilian Persons in Time of War, done at Geneva August
12, 1949 (6 UST 3516).
(3) The term ``Secretary'' means the Secretary of Defense.
(4) The term ``torture'' has the meaning given that term in
section 2340 of title 18, United States Code.
SEC. 1058. UNITED NATIONS OIL-FOR-FOOD PROGRAM.
(a) Responsibility of Inspector General of the Department of
Defense for Security of Documents.--(1) The Inspector General of the
Department of Defense, in cooperation with the Director of the Defense
Contract Audit Agency and the Director of the Defense Contract
Management Agency, shall ensure, not later than June 30, 2004, the
security of all documents relevant to the United Nations Oil-for-Food
Program that are in the possession or control of the Coalition
Provisional Authority.
(2) The Inspector General shall--
(A) maintain copies of all such documents in the United
States at the Department of Defense; and
(B) not later than August 31, 2004, deliver a complete set
of all such documents to the Comptroller General of the United
States.
(b) Cooperation in Investigations.--Each head of an Executive
agency, including the Department of State, the Department of Defense,
the Department of the Treasury, and the Central Intelligence Agency,
and the Administrator of the Coalition Provisional Authority shall,
upon a request in connection with an investigation of the United
Nations Oil-for-Food Program made by the chairman of the Committee on
Foreign Relations, the Committee on Armed Services, the Committee on
the Judiciary, the Committee on Governmental Affairs, the Select
Committee on Intelligence, the Permanent Subcommittee on
Investigations, or other committee of the Senate with relevant
jurisdiction, promptly provide to such chairman--
(1) access to any information and documents described in
subsections (a) or (c) that are under the control of such
agency and responsive to the request; and
(2) assistance relating to access to and utilization of
such information and documents.
(c) Information from the United Nations.--(1) The Secretary of
State shall use the voice and vote of the United States in the United
Nations to urge the Secretary-General of the United Nations to provide
the United States copies of all audits and core documents related to
the United Nations Oil-for-Food Program.
(2) It is the sense of Congress that, pursuant to section 941(b)(6)
of the United Nations Reform Act of 1999 (title IX of division A of
H.R. 3427 of the 106th Congress, as enacted into law by section
1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-480), the Comptroller
General of the United States should have full and complete access to
financial data relating to the United Nations, including information
related to the financial transactions, organization, and activities of
the United Nations Oil-for-Food Program.
(3) The Secretary of State shall facilitate the providing of access
to the Comptroller General to the financial data described in paragraph
(2).
(d) Review of Oil-for-Food Program by Comptroller General.--(1) The
Comptroller General of the United States shall conduct a review of
United States oversight of the United Nations Oil-for-Food Program. The
review--
(A) in accordance with Generally Accepted Government
Auditing Standards, should not interfere with any ongoing
criminal investigations or inquiries related to the Oil-for-
Food program; and
(B) may take into account the results of any investigations
or inquiries related to the Oil-for-Food program.
(2) The head of each Executive agency shall fully cooperate with
the review under this subsection.
(e) Executive Agency Defined.--In this section, the term
``Executive agency'' has the meaning given that term in section 105 of
title 5, United States Code.
SEC. 1059. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP AGAINST THE
SPREAD OF WEAPONS OF MASS DESTRUCTION.
It is the sense of Congress that the President should be commended
for the steps taken at the G-8 summit at Sea Island, Georgia, on June
8-10, 2004, to demonstrate continued support for the Global Partnership
against the Spread of Nuclear Weapons and Materials of Mass Destruction
and to expand the Partnership by welcoming new members and using the
Partnership to coordinate nonproliferation projects in Libya, Iraq, and
other countries; and that the President should--
(1) expand the membership of donor nations to the
Partnership;
(2) insure that Russia remains the primary partner of the
Partnership while also seeking to fund through the Partnership
efforts in other countries with potentially vulnerable weapons
or materials;
(3) develop for the Partnership clear program goals;
(4) develop for the Partnership transparent project
prioritization and planning;
(5) develop for the Partnership project implementation
milestones under periodic review;
(6) develop under the Partnership agreements between
partners for project implementation; and
(7) give high priority and senior-level attention to
resolving disagreements on site access and worker liability
under the Partnership.
SEC. 1059A. EXCEPTION TO BILATERAL AGREEMENT REQUIREMENTS FOR TRANSFERS
OF DEFENSE ITEMS.
(a) Findings.--Congress makes the following findings:
(1) Close defense cooperation between the United States and
each of the United Kingdom and Australia requires
interoperability among the armed forces of those countries.
(2) The need for interoperability must be balanced with the
need for appropriate and effective regulation of trade in
defense items.
(3) The Arms Export Control Act (22 U.S.C. 2751 et seq.)
authorizes the executive branch to administer arms export
policies enacted by Congress in the exercise of its
constitutional power to regulate commerce with foreign nations.
(4) The executive branch has exercised its authority under
the Arms Export Control Act, in part, through the International
Traffic in Arms Regulations.
(5) Agreements to gain exemption from the International
Traffic in Arms Regulations must be submitted to Congress for
review.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(B) the Committee on International Relations and
the Committee on Armed Services of the House of
Representatives.
(2) Defense items.--The term ``defense items'' has the
meaning given the term in section 38 of the Arms Export Control
Act (22 U.S.C. 2778).
(3) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means the
regulations maintained under parts 120 through 130 of title 22,
Code of Federal Regulations, and any successor regulations.
(c) Exceptions From Bilateral Agreement Requirements.--
(1) In general.--Subsection (j) of section 38 of the Arms
Export Control Act (22 U.S.C. 2778) is amended--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following
new paragraph (4):
``(4) Exceptions from bilateral agreement requirements.--
``(A) Australia.--Subject to section 1055 of the
National Defense Authorization Act for Fiscal Year
2005, the requirements for a bilateral agreement
described in paragraph (2)(A) shall not apply to a
bilateral agreement between the United States
Government and the Government of Australia with respect
to transfers or changes in end use of defense items
within Australia that will remain subject to the
licensing requirements of this Act after such agreement
enters into force.
``(B) United kingdom.--Subject to section 1055 of
the National Defense Authorization Act for Fiscal Year
2005, the requirements for a bilateral agreement
described in paragraphs (1)(A)(ii), (2)(A)(i), and
(2)(A)(ii) shall not apply to a bilateral agreement
between the United States Government and the Government
of the United Kingdom for an exemption from the
licensing requirements of this Act.''.
(2) Conforming amendment.--Paragraph (2) of such subsection
is amended in the matter preceding subparagraph (A) by striking
``A bilateral agreement'' and inserting ``Except as provided in
paragraph (4), a bilateral agreement''.
(d) Certifications.--Not later than 30 days before authorizing an
exemption from the licensing requirements of the International Traffic
in Arms Regulations in accordance with any bilateral agreement entered
into with the United Kingdom or Australia under section 38(j) of the
Arms Export Control Act (22 U.S.C. 2778(j)), as amended by subsection
(c), the President shall certify to the appropriate congressional
committees that such agreement--
(1) is in the national interest of the United States and
will not in any way affect the goals and policy of the United
States under section 1 of the Arms Export Control Act (22
U.S.C. 2751);
(2) does not adversely affect the efficacy of the
International Traffic in Arms Regulations to provide consistent
and adequate controls for licensed exports of United States
defense items; and
(3) will not adversely affect the duties or requirements of
the Secretary of State under the Arms Export Control Act.
(e) Notification of Bilateral Licensing Exemptions.--Not later than
30 days before authorizing an exemption from the licensing requirements
of the International Traffic in Arms Regulations in accordance with any
bilateral agreement entered into with the United Kingdom or Australia
under section 38(j) of the Arms Export Control Act (22 U.S.C. 2778(j)),
as amended by subsection (c), the President shall submit to the
appropriate congressional committees the text of the regulations that
authorize such a licensing exemption.
(f) Report on Consultation Issues.--Not later than one year after
the date of the enactment of this Act and annually thereafter for each
of the following 5 years, the President shall submit to the appropriate
congressional committees a report on issues raised during the previous
year in consultations conducted under the terms of any bilateral
agreement entered into with Australia under section 38(j) of the Arms
Export Control Act, or under the terms of any bilateral agreement
entered into with the United Kingdom under such section, for exemption
from the licensing requirements of the Arms Export Control Act (22
U.S.C. 2751 et seq.). Each report shall contain--
(1) information on any notifications or consultations
between the United States and the United Kingdom under the
terms of any agreement with the United Kingdom, or between the
United States and Australia under the terms of any agreement
with Australia, concerning the modification, deletion, or
addition of defense items on the United States Munitions List,
the United Kingdom Military List, or the Australian Defense and
Strategic Goods List;
(2) a list of all United Kingdom or Australia persons and
entities that have been designated as qualified persons
eligible to receive United States origin defense items exempt
from the licensing requirements of the Arms Export Control Act
under the terms of such agreements, and listing any
modification, deletion, or addition to such lists, pursuant to
the requirements of any agreement with the United Kingdom or
any agreement with Australia;
(3) information on consultations or steps taken pursuant to
any agreement with the United Kingdom or any agreement with
Australia concerning cooperation and consultation with either
government on the effectiveness of the defense trade control systems of
such government;
(4) information on provisions and procedures undertaken
pursuant to--
(A) any agreement with the United Kingdom with
respect to the handling of United States origin defense
items exempt from the licensing requirements of the
Arms Export Control Act by persons and entities
qualified to receive such items in the United Kingdom;
and
(B) any agreement with Australia with respect to
the handling of United States origin defense items
exempt from the licensing requirements of the Arms
Export Control Act by persons and entities qualified to
receive such items in Australia;
(5) information on any new understandings, including the
text of such understandings, between the United States and the
United Kingdom concerning retransfer of United States origin
defense items made pursuant to any agreement with the United
Kingdom to gain exemption from the licensing requirements of
the Arms Export Control Act;
(6) information on consultations with the Government of the
United Kingdom or the Government of Australia concerning the
legal enforcement of any such agreements;
(7) information on United States origin defense items with
respect to which the United States has provided an exception
under the Memorandum of Understanding between the United States
and the United Kingdom and any agreement between the United
States and Australia from the requirement for United States
Government re-export consent that was not provided for under
United States laws and regulations in effect on the date of the
enactment of this Act; and
(8) information on any significant concerns that have
arisen between the Government of Australia or the Government of
the United Kingdom and the United States Government concerning
any aspect of any bilateral agreement between such country and
the United States to gain exemption from the licensing
requirements of the Arms Export Control Act.
(g) Special Notifications.--
(1) Required notifications.--The Secretary of State shall
notify the appropriate congressional committees not later than
90 days after receiving any credible information regarding an
unauthorized end-use or diversion of United States exports of
goods or services made pursuant to any agreement with a country
to gain exemption from the licensing requirements of the Arms
Export Control Act. The notification shall be made in a manner
that is consistent with any ongoing efforts to investigate and
commence civil actions or criminal investigations or
prosecutions regarding such matters and may be made in
classified or unclassified form.
(2) Content.--The notification regarding an unauthorized
end-use or diversion of goods or services under paragraph (1)
shall include--
(A) a description of the goods or services;
(B) the United States origin of the good or
service;
(C) the authorized recipient of the good or
service;
(D) a detailed description of the unauthorized end-
use or diversion, including any knowledge by the United
States exporter of such unauthorized end-use or
diversion;
(E) any enforcement action taken by the Government
of the United States; and
(F) any enforcement action taken by the government
of the recipient nation.
SEC. 1059B. REDESIGNATION AND MODIFICATION OF AUTHORITIES RELATING TO
INSPECTOR GENERAL OF THE COALITION PROVISIONAL AUTHORITY.
(a) Redesignation.--(1) Subsections (b) and (c)(1) of section 3001
of the Emergency Supplemental Appropriations Act for Defense and
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117
Stat. 1234; 5 U.S.C. App. 3 section 8G note) are each amended by
striking ``Office of the Inspector General of the Coalition Provisional
Authority'' and inserting ``Office of the Special Inspector General for
Iraq Reconstruction''.
(2) Subsection (c)(1) of such section is further amended by
striking ``Inspector General of the Coalition Provisional Authority''
and inserting ``Special Inspector General for Iraq Reconstruction (in
this section referred to as the `Inspector General')''.
(3)(A) The heading of such section is amended to read as follows:
``SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.''.
(B) The heading of title III of such Act is amended to read as
follows:
``TITLE III--SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION''.
(b) Continuation in Office.--The individual serving as the
Inspector General of the Coalition Provisional Authority as of the date
of the enactment of this Act may continue to serve in that position
after that date without reappointment under paragraph (1) of section
3001(c) of the Emergency Supplemental Appropriations Act for Defense
and Reconstruction of Iraq and Afghanistan, 2004, but remaining subject
to removal as specified in paragraph (4) of that section.
(c) Purposes.--Subsection (a) of such section is amended--
(1) in paragraph (1), by striking ``of the Coalition
Provisional Authority (CPA)'' and inserting ``funded with
amounts appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund'';
(2) in paragraph (2)(B), by striking ``fraud'' and
inserting ``waste, fraud,''; and
(3) in paragraph (3), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the Secretary
of State and the Secretary of Defense''.
(d) Responsibilities of Assistant Inspector General for Auditing.--
Subsection (d)(1) of such section is amended by striking ``of the
Coalition Provisional Authority'' and inserting ``supported by the Iraq
Relief and Reconstruction Fund''.
(e) Supervision.--Such section is further amended--
(1) in subsection (e)(1), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the Secretary
of State and the Secretary of Defense'';
(2) in subsection (h)--
(A) in paragraphs (4)(B) and (5), by striking
``head of the Coalition Provisional Authority'' and
inserting ``Secretary of State''; and
(B) in paragraph (5), by striking ``at the central
and field locations of the Coalition Provisional
Authority'' and inserting ``at appropriate locations of
the Department of State in Iraq'';
(3) in subsection (j)--
(A) in paragraph (1), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the
Secretary of State and the Secretary of Defense''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``the head of the
Coalition Provisional Authority'' the
first place it appears and inserting
``the Secretary of State or the
Secretary of Defense''; and
(II) by striking ``the head of the
Coalition Provisional Authority
considers'' the second place it appears
and inserting ``the Secretary of State
or the Secretary of Defense, as the
case may be, consider''; and
(ii) in subparagraph (B), by striking ``the
head of the Coalition Provisional Authority
considers'' and inserting ``the Secretary of
State or the Secretary of Defense, as the case
may be, consider''; and
(4) in subsection (k), by striking ``the head of the
Coalition Provisional Authority shall'' each place it appears
and inserting ``the Secretary of State and the Secretary of
Defense shall jointly''.
(f) Duties.--Subsection (f)(1) of such section is amended by
striking ``appropriated funds by the Coalition Provisional Authority in
Iraq'' and inserting ``amounts appropriated or otherwise made available
to the Iraq Relief and Reconstruction Fund''.
(g) Coordination With Inspector General of Department of State.--
Subsection (f) of such section is further amended striking paragraphs
(4) and (5) and inserting the following new paragraph (4):
``(4) In carrying out the duties, responsibilities, and authorities
of the Inspector General under this section, the Inspector General
shall coordinate with, and receive the cooperation of, each of the
following:
``(A) The Inspector General of the Department of Defense.
``(B) The Inspector General of the United States Agency for
International Development.
``(C) The Inspector General of the Department of State.''.
(h) Powers and Authorities.--Subsection (g) of such section is
amended by inserting before the period the following: ``, including the
authorities under subsection (e) of such section''.
(i) Reports.--Subsection (i) of such section is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``and every
calendar quarter thereafter,'' and all that follows
through ``the Coalition Provisional Authority'' and
inserting ``again on July 30, 2004, and every calendar
quarter thereafter, the Inspector General shall submit
to the appropriate committees of Congress a report
summarizing the activities of the Inspector General and
the programs and operations funded with amounts
appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund'';
(B) in subparagraph (B), by striking ``the
Coalition Provisional Authority'' and inserting ``the
Department of Defense, the Department of State, and the
United States Agency for International Development, as
applicable,'';
(C) in subparagraph (E), by striking ``appropriated
funds'' and inserting ``such amounts''; and
(D) in subparagraph (F), by striking ``the
Coalition Provisional Authority'' and inserting ``the
contracting department or agency'';
(2) in paragraph (2), by striking ``by the Coalition
Provisional Authority'' and inserting ``by any department or
agency of the United States Government that involves the use of
amounts appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund'';
(3) in paragraph (3), by striking ``June 30, 2004'' and
inserting ``July 30, 2004''; and
(4) in paragraph (4), by striking ``the Coalition
Provisional Authority'' and inserting ``the Department of State
and of the Department of Defense''.
(j) Termination.--Subsection (o) of such section is amended to read
as follows:
``(o) Termination.--The Office of the Inspector General shall
terminate on the date that is 10 months after the date, as determined
by the Secretary of State, on which 80 percent of the amounts
appropriated or otherwise made available to the Iraq Relief and
Reconstruction Fund by chapter 2 of title II of this Act have been
obligated.''.
SEC. 1059C. TREATMENT OF FOREIGN PRISONERS.
(a) Policy.--(1) It is the policy of the United States to treat all
foreign persons captured, detained, interned or otherwise held in the
custody of the United States (hereinafter ``prisoners'') humanely and
in accordance with standards that the United States would consider
legal if perpetrated by the enemy against an American prisoner.
(2) It is the policy of the United States that all
officials of the United States are bound both in wartime and in
peacetime by the legal prohibition against torture, cruel,
inhuman or degrading treatment.
(3) If there is any doubt as to whether prisoners are
entitled to the protections afforded by the Geneva Conventions,
such prisoners shall enjoy the protections of the Geneva
Conventions until such time as their status can be determined
pursuant to the procedures authorized by Army Regulation 190-8,
Section 1-6.
(4) It is the policy of the United States to expeditiously
prosecute cases of terrorism or other criminal acts alleged to
have been committed by prisoners in the custody of the United
States Armed Forces at Guantanamo Bay, Cuba, in order to avoid
the indefinite detention of prisoners, which is contrary to the
legal principles and security interests of the United States.
(b) Reporting.--The Department of Defense shall submit to the
appropriate congressional committees:
(1) A quarterly report providing the number of prisoners
who were denied Prisoner of War (POW) status under the Geneva
Conventions and the basis for denying POW status to each such
prisoner.
(2) A report setting forth--
(A) the proposed schedule for military commissions
to be held at Guantanamo Bay, Cuba; and
(B) the number of individuals currently held at
Guantanamo Bay, Cuba, the number of such individuals
who are unlikely to face a military commission in the
next six months, and the reason(s) for not bringing
such individuals before a military commission.
(3) All International Committee of the Red Cross reports,
completed prior to the enactment of this Act, concerning the
treatment of prisoners in United States custody at Guantanamo
Bay, Cuba, Iraq, and Afghanistan. Such ICRC reports should be
provided, in classified form, not later than 15 days after
enactment of this Act.
(4) A report setting forth all prisoner interrogation
techniques approved by officials of the United States.
(c) Annual Training Requirement.--The Department of Defense shall
certify that all Federal employees and civilian contractors engaged in
the handling and/or interrogating of prisoners have fulfilled an annual
training requirement on the laws of war, the Geneva Conventions and the
obligations of the United States under international humanitarian law.
Subtitle G--Other Matters
SEC. 1061. TECHNICAL AMENDMENTS RELATING TO DEFINITIONS OF GENERAL
APPLICABILITY IN TITLE 10, UNITED STATES CODE.
(a) Clarification of Definition of ``Operational Range''.--Section
101(e)(3) of title 10, United States Code, is amended by striking
``Secretary of Defense'' and inserting ``Secretary of a military
department''.
(b) Amendments Relating to Definition of Congressional Defense
Committees.--(1) Section 2215 of title 10, United States Code, is
amended--
(A) in subsection (a)--
(i) by striking ``(a) Certification Required.--'';
and
(ii) by striking ``congressional committees
specified in subsection (b)'' and inserting
``congressional defense committees''; and
(B) by striking subsection (b).
(2) Section 2515(d) of such title is amended--
(A) by striking ``Report.--(1)'' and inserting ``Report.--
'';
(B) by striking ``congressional committees specified in
paragraph (2)'' and inserting ``congressional defense
committees''; and
(C) by striking paragraph (2).
(3) Section 2676(d) of such title is amended by striking
``appropriate committees of Congress'' in the first sentence and
inserting ``congressional defense committees''.
SEC. 1062. TWO-YEAR EXTENSION OF AUTHORITY OF SECRETARY OF DEFENSE TO
ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR
INTELLIGENCE COLLECTION ACTIVITIES ABROAD.
Section 431(a) of title 10, United States Code, is amended by
striking ``December 31, 2004'' and inserting ``December 31, 2006''.
SEC. 1063. LIABILITY PROTECTION FOR PERSONS VOLUNTARILY PROVIDING
MARITIME-RELATED SERVICES ACCEPTED BY THE NAVY.
Section 1588(d)(1) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(F) In the case of a person aboard a sailing vessel of
the Navy to engage in the training of Navy personnel or in a
competition involving Navy personnel, the following provisions
of law relating to claims in admiralty for damages or loss:
``(i) The Act entitled `An Act authorizing suits
against the United States in admiralty, suits for
salvage services, and providing for the release of
merchant vessels belonging to the United States from
arrest and attachment in foreign jurisdictions, and for
other purposes', approved March 9, 1920 (commonly known
as the `Suits in Admiralty Act') (46 U.S.C. App. 741 et
seq.).
``(ii) The Act entitled `An Act authorizing suits
against the United States in admiralty for damage
caused by and salvage services rendered to public
vessels belonging to the United States, and for other
purposes', approved March 3, 1925 (commonly known as
the `Public Vessels Act') (46 U.S.C. App. 781 et
seq.).''.
SEC. 1064. LICENSING OF INTELLECTUAL PROPERTY.
(a) Authority.--Subchapter II of chapter 134 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2260. Licensing of intellectual property: retention of fees
``(a) Authority.--Under regulations prescribed by the Secretary of
Defense, the Secretary concerned may license trademarks, service marks,
certification marks, and collective marks owned or controlled by the
Secretary concerned and may retain and expend fees received from such
licensing in accordance with this section.
``(b) Designated Marks.--The Secretary concerned shall designate
the trademarks, service marks, certification marks, and collective
marks as to which the Secretary exercises the authority to retain
licensing fees under this section.
``(c) Use of Fees.--The Secretary concerned shall use fees retained
under this section for purposes as follows:
``(1) For payment of the following costs incurred by the
Secretary:
``(A) Costs of securing trademark registrations.
``(B) Costs of operating the licensing program
under this section.
``(2) For morale, welfare, and recreation activities under
the jurisdiction of the Secretary, to the extent (if any) that
the total amount of the licensing fees available under this
section for a fiscal year exceed the total amount needed for
such fiscal year under paragraph (1).
``(d) Availability.--Fees received in a fiscal year and retained
under this section shall be available for obligations in such fiscal
year and the following two fiscal years.
``(e) Definitions.--In this section, the terms `trademark',
`service mark', `certification mark', and `collective mark' have the
meanings given such terms in section 45 of the Act entitled `An Act to
provide for the registration and protection of trademarks used in
commerce, to carry out the provisions of certain international
conventions, and for other purposes', approved July 5, 1946 (commonly
referred to as the `Trademark Act of 1946') (15 U.S.C. 1127).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2260. Licensing of intellectual property: retention of fees.''.
SEC. 1065. DELAY OF ELECTRONIC VOTING DEMONSTRATION PROJECT.
Section 1604(a) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1277; 42 U.S.C. 1973ff
note) is amended--
(1) in paragraph (1), by striking ``2002'' and inserting
``2006''; and
(2) in paragraph (2)--
(A) by striking ``2002'' and inserting ``2006'';
and
(B) by striking ``2004'' and inserting ``2008''.
SEC. 1066. WAR RISK INSURANCE FOR MERCHANT MARINE VESSELS.
(a) Extension of Authority.--Section 1214 of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1294) is amended by striking ``June 30,
2005'' and inserting ``December 31, 2008''.
(b) Investment of Funds Excess to Short-Term Needs.--Section 1208
of such Act (46 U.S.C. App. 1288) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) in subsection (a), by striking ``Upon the request of
the Secretary of Transportation,'' and all that follows and
inserting the following:
``(b)(1) The Secretary of Transportation may request the Secretary
of the Treasury to invest such portion of the insurance fund under
subsection (a) as is not, in the judgment of the Secretary of
Transportation, required to meet the current needs of the fund. The
Secretary of the Treasury may make the requested investments.
``(2) Investments under paragraph (1) shall be made in public debt
securities of the United States that--
``(A) mature at times suitable to the needs of the
insurance fund; and
``(B) bear interest rates determined by the Secretary of
the Treasury, taking into consideration current market yields
on outstanding marketable obligations of the United States of
comparable maturity.
``(3) The interest and benefits accruing from securities under this
subsection shall be deposited to the credit of the insurance fund.''.
SEC. 1067. REPEAL OF QUARTERLY REPORTING REQUIREMENT CONCERNING
PAYMENTS FOR DISTRICT OF COLUMBIA WATER AND SEWER
SERVICES AND ESTABLISHMENT OF ANNUAL REPORT BY TREASURY.
(a) Water and Water Service Supplied for the Use of the Government
of the United States.--Section 106(b)(5) of the District of Columbia
Public Works Act of 1954 (sec. 34-2401.25(b), D.C. Official Code), as
amended by section 401 of the Miscellaneous Appropriations Act, 2001
(as enacted by reference in section 1(a)(4) of the Consolidated
Appropriations Act, 2001), is amended to read as follows:
``(5) Not later than the 15th day of the month following the
beginning of the fiscal year (beginning with fiscal year 2005), the
Secretary of the Treasury with respect to each Federal department,
establishment, or agency receiving water services from the District of
Columbia shall submit a report to the Committee on Government Reform of
the House of Representatives, the Committee on Governmental Affairs of
the Senate, and the Committees on Appropriations of the House of
Representatives and Senate analyzing the promptness of payment with
respect to the services furnished to such department, establishment, or
agency.''.
(b) Sanitary Sewer Service Charges for United States Government.--
Section 212(b)(5) of the District of Columbia Public Works Act of 1954
(sec. 34-2112(b), D.C. Official Code), as amended by section 401 of the
Miscellaneous Appropriations Act, 2001 (as enacted by reference in
section 1(a)(4) of the Consolidated Appropriations Act, 2001), is
amended to read as follows:
``(5) Not later than the 15th day of the month following the
beginning of the fiscal year (beginning with fiscal year 2005), the
Secretary of the Treasury with respect to each Federal department,
establishment, or agency receiving sanitary sewer services from the
District of Columbia shall submit a report to the Committee on
Government Reform of the House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Committees on
Appropriations of the House of Representatives and Senate analyzing the
promptness of payment with respect to the services furnished to such
department, establishment, or agency.''.
SEC. 1068. RECEIPT OF PAY BY RESERVES FROM CIVILIAN EMPLOYERS WHILE ON
ACTIVE DUTY IN CONNECTION WITH A CONTINGENCY OPERATION.
Section 209 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(h) This section does not prohibit a member of the reserve
components of the armed forces on active duty pursuant to a call or
order to active duty under a provision of law referred to in section
101(a)(13) of title 10 from receiving from any person that employed
such member before the call or order to active duty any payment of any
part of the salary or wages that such person would have paid the member
if the member's employment had not been interrupted by such call or
order to active duty.''.
SEC. 1069. PROTECTION OF ARMED FORCES PERSONNEL FROM RETALIATORY
ACTIONS FOR COMMUNICATIONS MADE THROUGH THE CHAIN OF
COMMAND.
(a) Protected Communications.--Section 1034(b)(1)(B) of title 10,
United States Code, is amended--
(1) by striking ``or'' at the end of clause (iii)''; and
(2) by striking clause (iv) and inserting the following:
``(iv) any person or organization in the chain of
command; or
``(v) any other person or organization designated
pursuant to regulations or other established
administrative procedures for such communications.''.
(b) Effective Date and Applicability.--This section and the
amendments made by this section shall take effect on the date of the
enactment of this Act and shall apply with respect to any unfavorable
personnel action taken or threatened, and any withholding of or threat
to withhold a favorable personnel action, on or after that date.
SEC. 1070. MISSILE DEFENSE COOPERATION.
(a) Department of State Procedures for Expedited Review of Licenses
for the Transfer of Defense Items Related to Missile Defense.--
(1) Expedited procedures.--The Secretary of State shall, in
consultation with the Secretary of Defense, establish
procedures for considering technical assistance agreements and
related amendments and munitions license applications for the
export of defense items related to missile defense not later
than 30 days after receiving such agreements, amendments, and
munitions license applications, except in cases in which the
Secretary of State determines that additional time is required
to complete a review of a technical assistance agreement or
related amendment or a munitions license application for
foreign policy or national security reasons, including concerns
regarding the proliferation of ballistic missile technology.
(2) Study on comprehensive authorizations for missile
defense.--The Secretary of State shall, in consultation with
the Secretary of Defense, examine the feasibility of providing
major project authorizations for programs related to missile
defense similar to the comprehensive export authorization
specified in section 126.14 of the International Traffic in
Arms Regulations (section 126.14 of title 22, Code of Federal
Regulations).
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall, in
consultation with the Secretary of Defense, submit to the
Committee on Foreign Relations and the Committee on Armed
Services of the Senate and the Committee on International
Relations and the Committee on Armed Services of the House of
Representatives a report on--
(A) the implementation of the expedited procedures
required under paragraph (1); and
(B) the feasibility of providing the major project
authorization for projects related to missile defense
described in paragraph (2).
(b) Department of Defense Procedures for Expedited Review of
Licenses for the Transfer of Defense Items Related to Missile
Defense.--
(1) Procedures.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretary of State, prescribe procedures
to increase the efficiency and transparency of the practices
used by the Department of Defense to review technical
assistance agreements and related amendments and munitions
license applications related to international cooperation on
missile defense that are referred to the Department.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate and the Committee on Armed Services and
the Committee on International Relations of the House of
Representatives a report--
(A) describing actions taken by the Secretary of
Defense to coordinate with the Secretary of State the
establishment of the expedited review process described
in subsection (a)(1);
(B) identifying key defense items related to
missile defense that are suitable for comprehensive
licensing procedures; and
(C) describing the procedures prescribed pursuant
to paragraph (1).
(c) Definition of Defense Items.--In this section, the term
``defense items'' has the meaning given that term in section
38(j)(4)(A) of the Arms Export Control Act (22 U.S.C. 2778(j)(4)(A)).
SEC. 1071. POLICY ON NONPROLIFERATION OF BALLISTIC MISSILES.
(a) Policy.--It is the policy of the United States to develop,
support, and strengthen international accords and other cooperative
efforts to curtail the proliferation of ballistic missiles and related
technologies which could threaten the territory of the United States,
allies and friends of the United States, and deployed members of the
Armed Forces of the United States with weapons of mass destruction.
(b) Sense of Congress.--(1) Congress makes the following findings:
(A) Certain countries are seeking to acquire ballistic
missiles and related technologies that could be used to attack
the United States or place at risk United States interests,
forward-deployed members of the Armed Forces, and allies and
friends of the United States.
(B) Certain countries continue to actively transfer or sell
ballistic missile technologies in contravention of standards of
behavior established by the United States and allies and
friends of the United States.
(C) The spread of ballistic missiles and related
technologies worldwide has been slowed by a combination of
national and international export controls, forward-looking
diplomacy, and multilateral interdiction activities to restrict
the development and transfer of such weapons and technologies.
(2) It is the sense of Congress that--
(A) the United States should vigorously pursue foreign
policy initiatives aimed at eliminating, reducing, or retarding
the proliferation of ballistic missiles and related
technologies; and
(B) the United States and the international community
should continue to support and strengthen established
international accords and other cooperative efforts, including
United Nations Security Council Resolution 1540 and the Missile
Technology Control Regime, that are designed to eliminate,
reduce, or retard the proliferation of ballistic missiles and
related technologies.
SEC. 1072. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR HEALTH
EQUIPMENT PURCHASED BY OR FOR MEMBERS OF THE ARMED FORCES
FOR DEPLOYMENT IN OPERATIONS IN IRAQ AND CENTRAL ASIA.
(a) Reimbursement Required.--(1) Subject to subsections (c) and
(d), the Secretary of Defense shall reimburse a member of the Armed
Forces, or a person or entity referred to in paragraph (2), for the
cost (including shipping cost) of any protective, safety, or health
equipment that was purchased by such member, or such person or entity
on behalf of such member, before or during the deployment of such
member in Operation Noble Eagle, Operation Enduring Freedom, or
Operation Iraqi Freedom for the use of such member in connection with
such operation if the unit commander of such member certifies that such
equipment was critical to the protection, safety, or health of such
member.
(2) A person or entity referred to in this paragraph is a family
member or relative of a member of the Armed Forces, a non-profit
organization, or a community group.
(b) Covered Protective, Safety, and Health Equipment.--(1) Subject
to paragraph (2), protective, safety, and health equipment for which
reimbursement shall be made under subsection (a) shall include personal
body armor, collective armor or protective equipment (including armor
or protective equipment for high mobility multi-purpose wheeled
vehicles), and items provided through the Rapid Fielding Initiative of
the Army such as the advanced (on-the-move) hydration system, the
advanced combat helmet, the close combat optics system, a Global
Positioning System (GPS) receiver, and a soldier intercommunication
device.
(2) Non-military equipment may be treated as protective, safety,
and health equipment for purposes of paragraph (1) only if such
equipment provides protection, safety, or health benefits, as the case
may be, such as would be provided by equipment meeting military
specifications.
(c) Limitations Regarding Date of Purchase of Equipment.--(1) In
the case of armor or protective equipment for high mobility multi-
purpose wheeled vehicles (known as HUMVEEs), reimbursement shall be
made under subsection (a) only for armor or equipment purchased during
the period beginning on September 11, 2001, and ending on July 31, 2004
or any date thereafter as determined by the Secretary of Defense.
(2) In the case of any other protective, safety, and health
equipment, reimbursement shall be made under subsection (a) only for
equipment purchased during the period beginning on September 11, 2001,
and ending on December 31, 2003 or any date thereafter as determined by
the Secretary of Defense.
(d) Limitation Regarding Amount of Reimbursement.--The aggregate
amount of reimbursement provided under subsection (a) for any
protective, safety, and health equipment purchased by or on behalf of
any given member of the Armed Forces may not exceed the lesser of--
(1) the cost of such equipment (including shipping cost);
or
(2) $1,100.
(e) Ownership of Equipment.--The Secretary may provide, in
regulations prescribed by the Secretary, that the United States shall
assume title or ownership of any protective, safety, or health
equipment for which reimbursement is provided under subsection (a).
(f) Funding.--Amounts for reimbursements under subsection (a) shall
be derived from any amounts authorized to be appropriated by this Act.
SEC. 1073. PRESERVATION OF SEARCH AND RESCUE CAPABILITIES OF THE
FEDERAL GOVERNMENT.
The Secretary of Defense may not reduce or eliminate search and
rescue capabilities at any military installation in the United States
unless the Secretary first certifies to the Committees on Armed
Services of the Senate and the House of Representatives that equivalent
search and rescue capabilities will be provided, without interruption
and consistent with the policies and objectives set forth in the United
States National Search and Rescue Plan entered into force on January 1,
1999, by--
(1) the Department of Interior, the Department of Commerce,
the Department of Homeland Security, the Department of
Transportation, the Federal Communications Commission, or the
National Aeronautics and Space Administration; or
(2) the Department of Defense, either directly or through a
Department of Defense contract with an emergency medical
service provider or other private entity to provide such
capabilities.
SEC. 1074. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS ASSOCIATION,
INCORPORATED.
(a) Grant of Charter.--Part B of subtitle II of title 36, United
States Code, is amended--
(1) by striking the following:
``CHAPTER 1201--[RESERVED]''; and
(2) by inserting the following:
``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED
``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Duty to maintain corporate and tax-exempt status.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``Sec. 120101. Organization
``(a) Federal Charter.--Korean War Veterans Association,
Incorporated (in this chapter, the `corporation'), incorporated in the
State of New York, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with the provisions of this chapter, the charter granted by subsection
(a) expires.
``Sec. 120102. Purposes
``The purposes of the corporation are as provided in its articles
of incorporation and include--
``(1) organizing, promoting, and maintaining for benevolent
and charitable purposes an association of persons who have seen
honorable service in the Armed Forces during the Korean War,
and of certain other persons;
``(2) providing a means of contact and communication among
members of the corporation;
``(3) promoting the establishment of, and establishing, war
and other memorials commemorative of persons who served in the
Armed Forces during the Korean War; and
``(4) aiding needy members of the corporation, their wives
and children, and the widows and children of persons who were
members of the corporation at the time of their death.
``Sec. 120103. Membership
``Eligibility for membership in the corporation, and the rights and
privileges of members of the corporation, are as provided in the bylaws
of the corporation.
``Sec. 120104. Governing body
``(a) Board of Directors.--The board of directors of the
corporation, and the responsibilities of the board of directors, are as
provided in the articles of incorporation of the corporation.
``(b) Officers.--The officers of the corporation, and the election
of the officers of the corporation, are as provided in the articles of
incorporation.
``Sec. 120105. Powers
``The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
``Sec. 120106. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation, or a director or
officer of the corporation as such, may not contribute to, support, or
participate in any political activity or in any manner attempt to
influence legislation.
``(c) Loan.--The corporation may not make a loan to a director,
officer, or employee of the corporation.
``(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval, or the authority of the United
States, for any of its activities.
``Sec. 120107. Duty to maintain corporate and tax-exempt status
``(a) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of the State of New York.
``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``Sec. 120108. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote on matters relating
to the corporation.
``(b) Inspection.--A member entitled to vote on matters relating to
the corporation, or an agent or attorney of the member, may inspect the
records of the corporation for any proper purpose, at any reasonable
time.
``Sec. 120109. Service of process
``The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to
or service on the agent is notice to or service on the Corporation.
``Sec. 120110. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 120111. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the preceding fiscal year. The
report shall be submitted at the same time as the report of the audit
required by section 10101 of this title. The report may not be printed
as a public document.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle II of title 36, United States Code, is amended by striking the
item relating to chapter 1201 and inserting the following new item:
``1201. Korean War Veterans Association, Incorporated....... 120101''.
SEC. 1075. COORDINATION OF USERRA WITH THE INTERNAL REVENUE CODE OF
1986.
(a) Findings.--Congress makes the following findings:
(1) Employers of reservists called up for active duty are
required to treat them as if they are on a leave of absence or
furlough under the Uniformed Services Employment and
Reemployment Rights Act of 1994 (in this section referred to as
``USERRA'').
(2) USERRA does not require employers to pay reservists who
are on active duty, but many employers pay the reservists the
difference between their military stipends and their regular
salaries. Some employers provide this ``differential pay'' for
up to 3 years.
(3) For employee convenience, many of these employers also
allow deductions from the differential payments for
contributions to employer-provided retirement savings plans.
(b) Sense of the Senate.--It is the sense of the Senate that the
Internal Revenue Service should, to the extent it is able within its
authority, provide guidance consistent with the goal of promoting and
ensuring the validity of voluntary differential pay arrangements,
benefits payments, and contributions to retirement savings plans
related thereto.
SEC. 1076. AERIAL FIREFIGHTING EQUIPMENT.
(a) Findings.--Congress makes the following findings:
(1) The National Interagency Fire Center does not possess
an adequate number of aircraft for use in aerial firefighting
and personnel at the Center rely on military aircraft to
provide such firefighting services.
(2) It is in the national security interest of the United
States for the National Interagency Fire Center to purchase
aircraft for use in aerial firefighting so that military
aircraft used for aerial firefighting may be available for use
by the Armed Forces.
(b) Authority To Purchase Aerial Firefighting Equipment.--(1) The
Secretary of Agriculture is authorized to purchase 10 aircraft, as
described in paragraph (2), for the National Interagency Fire Center
for use in aerial firefighting.
(2) The aircraft referred to in paragraph (1) shall be--
(A) aircraft that are specifically designed and built for
aerial firefighting;
(B) certified by the Administrator of the Federal Aviation
Administration for use in aerial firefighting; and
(C) manufactured in a manner that is consistent with the
recommendations for aircraft used in aerial firefighting
contained in--
(i) the Blue Ribbon Panel Report to the Chief of
the Forest Service and the Director of the Bureau of
Land Management dated December 2002; and
(ii) the Safety Recommendation of the Chairman of
the National Transportation Safety Board related to
aircraft used in aerial firefighting dated April 23,
2004.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture for fiscal year 2005 such
funds as may be necessary to purchase the 10 aircraft described in
subsection (b).
SEC. 1077. SENSE OF SENATE ON AMERICAN FORCES RADIO AND TELEVISION
SERVICE.
(a) Findings.--The Senate makes the following findings:
(1) It is the mission of the American Forces Radio and
Television Service to provide United States military commanders
overseas and at sea with a broadcast media resource to
effectively communicate Department of Defense, Service-unique,
theater, and local command information to personnel under their
commands and to provide United States military members,
Department of Defense civilians, and their families stationed
outside the continental United States and at sea with the same
type and quality of American radio and television news,
information, sports, and entertainment that would be available
to them if they were in the continental United States.
(2) Key principles of American Forces Radio and Television
Service broadcasting policy, as outlined in Department of
Defense Regulation 5120.20R, are to ensure political
programming characterized by fairness and balance and to
provide a free flow of political programming from United States
commercial and public networks without manipulation or
censorship of any news content to the men and women of the
Armed Forces and their dependents.
(3) The stated policy of the American Forces Radio and
Television Service is to select programming that represents a
cross-section of popular American radio and television
offerings and to emulate stateside scheduling and programming
seen and heard in the United States.
(4) It is the policy of American Forces Radio and
Television Service to select news and public affairs programs
for airing that provide balance and diversity from available
nationally recognized program sources, including broadcast and
cable networks, Headquarters, American Forces Radio and
Television Service, the military departments, and other
government or public service agencies.
(b) Sense of the Senate.--It is the sense of the Senate that the
mission statement and policies of the American Forces Radio and
Television Service appropriately state the goal of maintaining equal
opportunity balance with respect to political programming and that the
Secretary of Defense should therefore ensure that these policies are
fully being implemented by developing appropriate methods of oversight
to ensure presentation of all sides of important public questions with
the fairness and balance envisioned by the Department of Defense
throughout the American Forces Radio and Television Service system.
SEC. 1078. SENSE OF CONGRESS ON AMERICA'S NATIONAL WORLD WAR I MUSEUM.
(a) Findings.--Congress makes the following findings:
(1) The Liberty Memorial Museum in Kansas City, Missouri,
was built in 1926 in honor of those individuals who served in
World War I in defense of liberty and the Nation.
(2) The Liberty Memorial Association, a nonprofit
organization which originally built the Liberty Memorial
Museum, is responsible for the finances, operations, and
collections management of the Liberty Memorial Museum.
(3) The Liberty Memorial Museum is the only public museum
in the Nation that exists for the exclusive purpose of
interpreting the experiences of the United States and its
allies in the World War I years (1914-1918), both on the
battlefield and on the home front.
(4) The Liberty Memorial Museum project began after the
1918 Armistice through the efforts of a large-scale, grass-
roots civic and fundraising effort by the citizens and veterans
of the Kansas City metropolitan area. After the conclusion of a
national architectural design competition, ground was broken in
1921, construction began in 1923, and the Liberty Memorial
Museum was opened to the public in 1926.
(5) In 1994, the Liberty Memorial Museum closed for a
massive restoration and expansion project. The restored museum
reopened to the public on Memorial Day, 2002, during a gala
rededication ceremony.
(6) Exhibits prepared for the original museum buildings
presaged the dramatic, underground expansion of core exhibition
gallery space, with over 30,000 square feet of new interpretive
and educational exhibits currently in development. The new
exhibits, along with an expanded research library and archives,
will more fully utilize the many thousands of historical
objects, books, maps, posters, photographs, diaries, letters,
and reminiscences of World War I participants that are
preserved for posterity in the Liberty Memorial Museum's
collections. The new core exhibition is scheduled to open on
Veterans Day, 2006.
(7) The City of Kansas City, the State of Missouri, and
thousands of private donors and philanthropic foundations have
contributed millions of dollars to build and later to restore
this national treasure. The Liberty Memorial Museum continues
to receive the strong support of residents from the States of
Missouri and Kansas and across the Nation.
(8) Since the restoration and rededication of 2002, the
Liberty Memorial Museum has attracted thousands of visitors
from across the United States and many foreign countries.
(9) There remains a need to preserve in a museum setting
evidence of the honor, courage, patriotism, and sacrifice of
those Americans who offered their services and who gave their
lives in defense of liberty during World War I, evidence of the
roles of women and African Americans during World War I, and
evidence of other relevant subjects.
(10) The Liberty Memorial Museum seeks to educate a diverse
group of audiences through its comprehensive collection of
historical materials, emphasizing eyewitness accounts of the
participants on the battlefield and the home front and the
impact of World War I on individuals, then and now. The Liberty
Memorial Museum continues to actively acquire and preserve such
materials.
(11) A great opportunity exists to use the invaluable
resources of the Liberty Memorial Museum to teach the ``Lessons
of Liberty'' to the Nation's schoolchildren through on-site
visits, classroom curriculum development, distance learning,
and other educational initiatives.
(12) The Liberty Memorial Museum should always be the
Nation's museum of the national experience in the World War I
years (1914-1918), where people go to learn about this critical
period and where the Nation's history of this monumental
struggle will be preserved so that generations of the 21st
century may understand the role played by the United States in
the preservation and advancement of democracy, freedom, and
liberty in the early 20th century.
(13) This initiative to recognize and preserve the history
of the Nation's sacrifices in World War I will take on added
significance as the Nation approaches the centennial observance
of this event.
(14) It is fitting and proper to refer to the Liberty
Memorial Museum as ``America's National World War I Museum''.
(b) Sense of Congress.--Congress--
(1) recognizes the Liberty Memorial Museum in Kansas City,
Missouri, including the museum's future and expanded exhibits,
collections, library, archives, and educational programs, as
``America's National World War I Museum'';
(2) recognizes that the continuing collection,
preservation, and interpretation of the historical objects and
other historical materials held by the Liberty Memorial Museum
enhance the knowledge and understanding of the Nation's people
of the American and allied experience during the World War I
years (1914-1918), both on the battlefield and on the home
front;
(3) commends the ongoing development and visibility of
``Lessons of Liberty'' educational outreach programs for
teachers and students throughout the Nation; and
(4) encourages the need for present generations to
understand the magnitude of World War I, how it shaped the
Nation, other countries, and later world events, and how the
sacrifices made then helped preserve liberty, democracy, and
other founding principles for generations to come.
SEC. 1079. REDUCTION OF BARRIERS FOR HISPANIC-SERVING INSTITUTIONS IN
DEFENSE CONTRACTS, DEFENSE RESEARCH PROGRAMS, AND OTHER
MINORITY-RELATED DEFENSE PROGRAMS.
Section 502(a)(5)(C) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)(5)(C)) is amended by inserting before the period the
following: ``, which assurances--
``(i) may employ statistical extrapolation
using appropriate data from the Bureau of the
Census or other appropriate Federal or State
sources; and
``(ii) the Secretary shall consider as
meeting the requirements of this subparagraph,
unless the Secretary determines, based on a
preponderance of the evidence, that the
assurances do not meet the requirements''.
SEC. 1080. EXTENSION OF SCOPE AND JURISDICTION FOR CURRENT FRAUD
OFFENSES.
(a) Statements or Entries Generally.--Section 1001 of title 18,
United States Code, is amended by adding at the end the following:
``(d) Jurisdiction.--There is extraterritorial Federal jurisdiction
over an offense under this section.
``(e) Prosecution.--A prosecution for an offense under this section
may be brought--
``(1) in accordance with chapter 211 of this title; or
``(2) in any district where any act in furtherance of the
offense took place.''.
(b) Major Fraud Against the United States.--Section 1031 of title
18, United States Code, is amended by adding at the end the following:
``(i) Jurisdiction.--There is extraterritorial Federal jurisdiction
over an offense under this section.
``(j) Prosecution.--A prosecution for an offense under this section
may be brought--
``(1) in accordance with chapter 211 of this title;
``(2) in any district where any act in furtherance of the
offense took place; or
``(3) in any district where any party to the contract or
provider of goods or services is located.''.
SEC. 1081. CONTRACTOR ACCOUNTABILITY.
Section 3267(1)(A) of title 18, United States Code, is amended to
read as follows:
``(A) employed as--
``(i) a civilian employee of--
``(I) the Department of Defense
(including a nonappropriated fund
instrumentality of the Department); or
``(II) any other Federal agency, or
any provisional authority, to the
extent such employment relates to
supporting the mission of the
Department of Defense overseas;
``(ii) a contractor (including a
subcontractor at any tier) of--
``(I) the Department of Defense
(including a nonappropriated fund
instrumentality of the Department); or
``(II) any other Federal agency, or
any provisional authority, to the
extent such employment relates to
supporting the mission of the
Department of Defense overseas; or
``(iii) an employee of a contractor (or
subcontractor at any tier) of--
``(I) the Department of Defense
(including a nonappropriated fund
instrumentality of the Department); or
``(II) any other Federal agency, or
any provisional authority, to the
extent such employment relates to
supporting the mission of the
Department of Defense overseas;''.
SEC. 1082. DEFINITION OF UNITED STATES.
Section 2340(3) of title 18, United States Code, is amended to read
as follows:
``(3) `United States' means the several States of the
United States, the District of Columbia, and the commonwealths,
territories, and possessions of the United States.''.
SEC. 1083. MENTOR-PROTEGE PILOT PROGRAM.
Section 831(m)(2) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(F) a small business concern owned and controlled
by service-disabled veterans (as defined in section
8(d)(3) of the Small Business Act); and
``(G) a qualified HUBZone small business concern
(as defined in section 3(p) of the Small Business
Act).''.
SEC. 1084. BROADCAST DECENCY ENFORCEMENT ACT OF 2004.
(a) Short Title.--This section may be cited as the ``Broadcast
Decency Enforcement Act of 2004''.
(b) Purpose.--The purpose of this section is to increase the
Federal Communications Commission's (FCC) authority to fine for
indecent broadcasts and prevent further relaxation of the media
ownership rules in order to stem the rise of indecent programming.
(c) Findings.--The Congress makes the following findings:
(1) Since 1996 there has been significant consolidation in
the media industry, including:
(A) Radio.--Clear Channel Communications went from
owning 43 radio stations prior to 1996 to over 1,200 as
of January 2003; Cumulus Broadcasting, Inc. was
established in 1997 and owned 266 stations as of
December 2003, making it the second-largest radio
ownership company in the country; and Infinity
Broadcasting Corporation went from owning 43 radio
stations prior to 1996 to over 185 stations as of June
2004;
(B) Television.--Viacom/CBS's national ownership of
television stations increased from 31.53 percent of
United States television households prior to 1996 to
38.9 percent in 2004; GE/NBC's national ownership of
television stations increased from 24.65 percent prior
to 1996 to 33.56 percent in 2004; News Corp./Fox's
national ownership of television stations increased
from 22.05 percent prior to 1996 to 37.7 percent in
2004;
(C) Media mergers.--In 2000, Viacom merged with CBS
and UPN; in 2002, GE/NBC merged with Telemundo
Communications, Inc. and in 2004 with Vivendi Universal
Entertainment; in 2003 News Corp./Fox acquired a
controlling interest in DirecTV; in 2000, Time Warner,
Inc. merged with America Online.
(2) Over the same period that there has been significant
consolidation in the media industry, the number of indecency
complaints also has increased dramatically. The largest owners
of television and radio broadcast holdings have received the
greatest number of indecency complaints and the largest fines,
including:
(A) Over 80 percent of the fines proposed by the
Federal Communications Commission for indecent
broadcasts were against stations owned by two of the
top three radio companies. The top radio company alone
accounts for over two-thirds of the fines proposed by
the FCC;
(B) Two of the largest fines proposed by the FCC
were against two of the top three radio companies;
(C) In 2004, the FCC received over 500,000
indecency complaints in response to the Superbowl
Halftime show aired on CBS and produced by MTV, both of
which are owned by Viacom. This is the largest number
of complaints ever received by the FCC for a single
broadcast;
(D) The number of indecency complaints increased
from 111 in 2000 to 240,350 in 2003;
(3) Media conglomerates do not consider or reflect local
community standards.
(A) The FCC has no record of a television station
owned by one of the big four networks (Viacom/CBS,
Disney/ABC, News Corp./Fox or GE/NBC) pre-empting
national programming for failing to meet community
standards;
(B) FCC records show that non-network owned
stations have often rejected national network
programming found to be indecent and offensive to local
community standards;
(C) A letter from an owned and operated station
manager to a viewer stated that programming decisions
are made by network headquarters and not the local
owned and operated television station management;
(D) The Parents Television Council has found that
the ``losers'' of network ownership ``are the local
communities whose standards of decency are being
ignored;''
(4) The Senate Commerce Committee has found that the
current fines do not deter indecent broadcast because they are
merely the cost of doing business for large media companies.
Therefore, in order to prevent the continued rise of indecency
violations, the FCC's authority for indecency fines should be
increased and further media consolidation should be prevented.
(d) Increase in Penalties for Obscene, Indecent, and Profane
Broadcast.--Section 503(b)(2) of the Communications Act of 1934 (47
U.S.C. 503(b)(2)) is amended.--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Notwithstanding subparagraph (A), if the violator
is--
``(i)(I) a broadcast station licensee or permittee;
or
``(II) an applicant for any broadcast license,
permit, certificate, or other instrument or
authorization issued by the Commission; and
``(ii) determined by the Commission under paragraph
(1) to have broadcast obscene, indecent, or profane
language, the amount of any forfeiture penalty
determined under this subsection shall not exceed
$275,000 for each violation or each day of a continuing
violation, except that the amount assessed for any
continuing violation shall not exceed a total of
$3,000,000 for any single act or failure to act.''; and
(3) in subparagraph (D), as redesignated by paragraph (1),
by striking ``subparagraph (A) or (B)'' and inserting
``subparagraph (A), (B), or (C)''.
(e) New Broadcast Media Ownership Rules Suspended.--
(1) Suspension.--Subject to the provisions of
paragraphs(d)(2), the broadcast media ownership rules adopted
by the Federal Communications Commission on June 2, 2003,
pursuant to its proceeding on broadcast media ownership rules,
Report and Order FCC-03-127, published at 68 FR 46286, August
5, 2003, shall be invalid and without legal effect.
(2) Clarification.--The provisions of paragraph (1) shall
not supersede the amendments made by section 629 of the
Miscellaneous Appropriations and Offsets Act, 2004 (Public Law
108-199).
(f) Additional Factors in Indecency Penalties; Exception.--Section
503(b)(2) of the Communications Act of 1934 (47 U.S.C. 503(b)(2)), is
further amended by adding at the end the following:
``(F) In the case of a violation in which the violator is
determined by the Commission under paragraph (1) to have uttered
obscene, indecent, or profane material, the Commission shall take into
account, in addition to the matters described in subparagraph (E), the
following factors with respect to the degree of culpability of the
violator:
``(i) Whether the material uttered by the violator was live
or recorded, scripted or unscripted.
``(ii) Whether the violator had a reasonable opportunity to
review recorded or scripted programming or had a reasonable
basis to believe live or unscripted programming would contain
obscene, indecent, or profane material.
``(iii) If the violator originated live or unscripted
programming, whether a time delay blocking mechanism was
implemented for the programming.
``(iv) The size of the viewing or listening audience of the
programming.
``(v) Whether the obscene incident or profane language was
within live programming not produced by the station licensee or
permitee.
``(vi) The size of the market.
``(vii) Whether the violation occurred during a children's
television program (as such term is used in the Children's
Television Programming Policy referenced in section 73.4050(c)
of the Commission's regulations (47 C.F.R. 73.4050(c)) or
during a television program rated TVY, TVY7, TVY7FV, or TVG
under the TV Parental Guidelines as such ratings were approved
by the Commission in implementation of section 551 of the
Telecommunications Act of 1996, Video Programming Ratings,
Report and Order, CS Docket No. 97-55, 13 F.C.C. Rcd. 8232
(1998)), and, with respect to a radio broadcast station
licensee, permittee, or applicant, whether the target audience
was primarily comprised of, or should reasonably have been
expected to be primarily comprised of, children.''
``(G) The Commission may double the amount of any forfeiture
penalty (not to exceed $550,000 for the first violation, $750,000 for
the second violation, and $1,000,000 for the third or any subsequent
violation not to exceed up to $3,000,000 for all violations in a 24-
hour time period notwithstanding section 503(b)(2)(C)) if the
Commission determines additional factors are present which are
aggravating in nature, including--
``(i) whether the material uttered by the violator was
recorded or scripted;
``(ii) whether the violator had a reasonable opportunity to
review recorded or scripted programming or had a reasonable
basis to believe live or unscripted programming would contain
obscene, indecent, or profane material;
``(iii) whether the violator failed to block live or
unscripted programming;
``(iv) whether the size of the viewing or listening
audience of the programming was substantially larger than
usual, such as a national or international championship
sporting event or awards program; and
``(v) whether the violation occured during a children's
television program (as defined in subparagraph (F) (vii)).''
SEC. 1085. CHILDREN'S PROTECTION FROM VIOLENT PROGRAMMING ACT.
(a) Short Title.--This section may be cited as the ``Children's
Protection from Violent Programming Act''.
(b) Findings.--The Congress makes the following findings:
(1) Television influences children's perception of the
values and behavior that are common and acceptable in society.
(2) Broadcast television, cable television, and video
programming are--
(A) uniquely pervasive presences in the lives of
all American children; and
(B) readily accessible to all American children.
(3) Violent video programming influences children, as does
indecent programming.
(4) There is empirical evidence that children exposed to
violent video programming at a young age have a higher tendency
to engage in violent and aggressive behavior later in life than
those children not so exposed.
(5) There is empirical evidence that children exposed to
violent video programming have a greater tendency to assume
that acts of violence are acceptable behavior and therefore to
imitate such behavior.
(6) There is empirical evidence that children exposed to
violent video programming have an increased fear of becoming a
victim of violence, resulting in increased self-protective
behaviors and increased mistrust of others.
(7) There is a compelling governmental interest in limiting
the negative influences of violent video programming on
children.
(8) There is a compelling governmental interest in
channeling programming with violent content to periods of the
day when children are not likely to comprise a substantial
portion of the television audience.
(9) A significant amount of violent programming that is
readily accessible to minors remains unrated specifically for
violence and therefore cannot be blocked solely on the basis of
its violent content.
(10) Age-based ratings that do not include content rating
for violence do not allow parents to block programming based
solely on violent content thereby rendering ineffective any
technology-based blocking mechanism designed to limit violent
video programming.
(11) The most recent study of the television ratings system
by the Kaiser Family Foundation concludes that 79 percent of
violent programming is not specifically rated for violence.
(12) Technology-based solutions, such as the V-chip, may be
helpful in protecting some children, but cannot achieve the
compelling governmental interest in protecting all children
from violent programming when parents are only able to block
programming that has, in fact, been rated for violence.
(13) Restricting the hours when violent programming can be
shown protects the interests of children whose parents are
unavailable, unable to supervise their children's viewing
behavior, do not have the benefit of technology-based
solutions, are unable to afford the costs of technology-based
solutions, or are unable to determine the content of those
shows that are only subject to age-based ratings.
(14) After further study, pursuant to a rulemaking, the
Federal Communications Commission may conclude that content-
based ratings and blocking technology do not effectively
protect children from the harm of violent video programming.
(15) If the Federal Communications Commission reaches the
conclusion described in paragraph (14), the channeling of
violent video programming will be the least restrictive means
of limiting the exposure of children to the harmful influences
of violent video programming.
SEC. 1086. ASSESSMENT OF EFFECTIVENESS OF CURRENT RATING SYSTEM FOR
VIOLENCE AND EFFECTIVENESS OF V-CHIP IN BLOCKING VIOLENT
PROGRAMMING.
(a) Report.--The Federal Communications Commission shall--
(1) assess the effectiveness of measures to require
television broadcasters and multichannel video programming
distributors (as defined in section 602(13) of the
Communications Act of 1934 (47 U.S.C. 522(13)) to rate and
encode programming that could be blocked by parents using the
V-chip undertaken under section 715 of the Communications Act
of 1934 (47 U.S.C. 715) and under subsections (w) and (x) of
section 303 of that Act (47 U.S.C. 303(w) and (x)) in
accomplishing the purposes for which they were enacted; and
(2) report its findings to the Committee on Commerce,
Science, and Transportation of the United States Senate and the
Committee on Energy and Commerce of the United States House of
Representatives, within 12 months after the date of enactment
of this Act, and annually thereafter.
(b) Action.--If the Commission finds at any time, as a result of
its ongoing assessment under subsection (a), that the measures referred
to in subsection (a)(1) are insufficiently effective, then the
Commission shall complete a rulemaking within 270 days after the date
on which the Commission makes that finding to prohibit the distribution
of violent video programming during the hours when children are
reasonably likely to comprise a substantial portion of the audience.
(c) Definitions.--Any term used in this section that is defined in
section 715 of the Communications Act of 1934 (47 U.S.C. 715), or in
regulations under that section, has the same meaning as when used in
that section or in those regulations.
SEC. 1087. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING THAT IS
NOT SPECIFICALLY RATED FOR VIOLENCE AND THEREFORE IS NOT
BLOCKABLE.
Title VII of the Communications Act of 1934 (47 U.S.C. 701 et seq.)
is amended by adding at the end the following:
``SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING NOT
SPECIFICALLY BLOCKABLE BY ELECTRONIC MEANS.
``(a) Unlawful Distribution.--It shall be unlawful for any person
to distribute to the public any violent video programming not blockable
by electronic means specifically on the basis of its violent content
during hours when children are reasonably likely to comprise a
substantial portion of the audience.
``(b) Rulemaking Proceeding.--The Commission shall conduct a
rulemaking proceeding to implement the provisions of this section and
shall promulgate final regulations pursuant to that proceeding not
later than 9 months after the date of enactment of the Children's
Protection from Violent Programming Act. As part of that proceeding,
the Commission--
``(1) may exempt from the prohibition under subsection (a)
programming (including news programs and sporting events) whose
distribution does not conflict with the objective of protecting
children from the negative influences of violent video
programming, as that objective is reflected in the findings in
section 551(a) of the Telecommunications Act of 1996;
``(2) shall exempt premium and pay-per-view cable
programming and premium and pay-per-view direct-to-home
satellite programming; and
``(3) shall define the term `hours when children are
reasonably likely to comprise a substantial portion of the
audience' and the term `violent video programming'.
``(c) Enforcement.--
``(1) Forfeiture penalty.--The forfeiture penalties
established by section 503(b) for violations of section 1464 of
title 18, United States Code, shall apply to a violation of
this section, or any regulation promulgated under it in the
same manner as if a violation of this section, or such a
regulation, were a violation of law subject to a forfeiture
penalty under that section.
``(2) License revocation.--If a person repeatedly violates
this section or any regulation promulgated under this section,
the Commission shall, after notice and opportunity for hearing,
revoke any license issued to that person under this Act.
``(3) License renewals.--The Commission shall consider,
among the elements in its review of an application for renewal
of a license under this Act, whether the licensee has complied
with this section and the regulations promulgated under this
section.
``(d) Definitions.--For purposes of this section--
``(1) Blockable by electronic means.--The term `blockable
by electronic means' means blockable by the feature described
in section 303(x).
``(2) Distribute.--The term `distribute' means to send,
transmit, retransmit, telecast, broadcast, or cablecast,
including by wire, microwave, or satellite, but it does not
include the transmission, retransmission, or receipt of any
voice, data, graphics, or video telecommunications accessed
through an interactive computer service as defined in section
230(f)(2) of the Communications Act of 1934 (47 U.S.C.
230(f)(2)), which is not originated or transmitted in the
ordinary course of business by a television broadcast station
or multichannel video programming distributor as defined in
section 602(13) of that Act (47 U.S.C. 522(13)).
``(3) Violent video programming.--The term `violent video
programming' as defined by the Commission may include matter
that is excessive or gratuitous violence within the meaning of
the 1992 Broadcast Standards for the Depiction of Violence in
Television Programs, December 1992.''.
SEC. 1088. SEPARABILITY.
If any provision of this title, or any provision of an amendment
made by this title, or the application thereof to particular persons or
circumstances, is found to be unconstitutional, the remainder of this
title or that amendment, or the application thereof to other persons or
circumstances shall not be affected.
SEC. 1089. EFFECTIVE DATE.
The prohibition contained in section 715 of the Communications Act
of 1934 (as added by section 204 of this title) and the regulations
promulgated thereunder shall take effect 1 year after the regulations
are adopted by the Commission.
SEC. 1090. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING.
(a) Program Authorized.--The Director of the National Security
Agency may carry out a pilot program on cryptologic service training
for the intelligence community.
(b) Objective of Program.--The objective of the pilot program is to
increase the number of qualified entry-level language analysts and
intelligence analysts available to the National Security Agency and the
other elements of the intelligence community through the directed
preparation and recruitment of qualified entry-level language analysts
and intelligence analysts who commit to a period of service or a career
in the intelligence community.
(c) Program Scope.--The pilot program shall be national in scope.
(d) Program Participants.--(1) Subject to the provisions of this
subsection, the Director shall select the participants in the pilot
program from among individuals qualified to participate in the pilot
program utilizing such procedures as the Director considers appropriate
for purposes of the pilot program.
(2) Each individual who receives financial assistance under the
pilot program shall perform one year of obligated service with the
National Security Agency, or another element of the intelligence
community approved by the Director, for each academic year for which
such individual receives such financial assistance upon such
individual's completion of post-secondary education.
(3) Each individual selected to participate in the pilot program
shall be qualified for a security clearance appropriate for the
individual under the pilot program.
(4) The total number of participants in the pilot program at any
one time may not exceed 400 individuals.
(e) Program Management.--In carrying out the pilot program, the
Director shall--
(1) identify individuals interested in working in the
intelligence community, and committed to taking college-level
courses that will better prepare them for a career in the
intelligence community as a language analysts or intelligence
analyst;
(2) provide each individual selected for participation in
the pilot program--
(A) financial assistance for the pursuit of courses
at institutions of higher education selected by the
Director in fields of study that will qualify such
individual for employment by an element of the
intelligence community as a language analyst or
intelligence analyst; and
(B) educational counseling on the selection of
courses to be so pursued; and
(3) provide each individual so selected information on the
opportunities available for employment in the intelligence
community.
(f) Duration of Program.--(1) The Director shall terminate the
pilot program not later than six years after the date of the enactment
of this Act.
(2) The termination of the pilot program under paragraph (1) shall
not prevent the Director from continuing to provide assistance,
counseling, and information under subsection (e) to individuals who are
participating in the pilot program on the date of termination of the
pilot program throughout the academic year in progress as of that date.
SEC. 1091. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) In General.--Section 801(c) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(c)) is amended by striking ``2003'' and
inserting ``2005''.
(b) Payment of Costs.--Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by inserting ``,
water, or wastewater treatment'' after ``payment of energy''.
(c) Energy Savings.--Section 804(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read as
follows:
``(2) The term `energy savings' means a reduction in the
cost of energy, water, or wastewater treatment, from a base
cost established through a methodology set forth in the
contract, used in an existing federally owned building or
buildings or other federally owned facilities as a result of--
``(A) the lease or purchase of operating equipment,
improvements, altered operation and maintenance, or
technical services;
``(B) the increased efficient use of existing
energy sources by cogeneration or heat recovery,
excluding any cogeneration process for other than a
federally owned building or buildings or other
federally owned facilities; or
``(C) the increased efficient use of existing water
sources in either interior or exterior applications.''.
(d) Energy Savings Contract.--Section 804(3) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(3)) is amended to read as
follows:
``(3) The terms `energy savings contract' and `energy
savings performance contract' mean a contract that provides for
the performance of services for the design, acquisition,
installation, testing, and, where appropriate, operation,
maintenance, and repair, of an identified energy or water
conservation measure or series of measures at 1 or more
locations. Such contracts shall, with respect to an agency
facility that is a public building (as such term is defined in
section 3301 of title 40, United States Code), be in compliance
with the prospectus requirements and procedures of section 3307
of title 40, United States Code.''.
(e) Energy or Water Conservation Measure.--Section 804(4) of the
National Energy Conservation Policy Act (42 U.S.C. 8287c(4)) is amended
to read as follows:
``(4) The term `energy or water conservation measure'
means--
``(A) an energy conservation measure, as defined in
section 551; or
``(B) a water conservation measure that improves
the efficiency of water use, is life-cycle cost-
effective, and involves water conservation, water
recycling or reuse, more efficient treatment of
wastewater or stormwater, improvements in operation or
maintenance efficiencies, retrofit activities, or other
related activities, not at a Federal hydroelectric
facility.''.
(f) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy shall complete a review
of the Energy Savings Performance Contract program to identify
statutory, regulatory, and administrative obstacles that prevent
Federal agencies from fully utilizing the program. In addition, this
review shall identify all areas for increasing program flexibility and
effectiveness, including audit and measurement verification
requirements, accounting for energy use in determining savings,
contracting requirements, including the identification of additional
qualified contractors, and energy efficiency services covered. The
Secretary shall report these findings to Congress and shall implement
identified administrative and regulatory changes to increase program
flexibility and effectiveness to the extent that such changes are
consistent with statutory authority.
(g) Extension of Authority.--Any energy savings performance
contract entered into under section 801 of the National Energy
Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003, and
before the date of enactment of this Act, shall be deemed to have been
entered into pursuant to such section 801 as amended by subsection (a)
of this section.
SEC. 1092. CLARIFICATION OF FISCAL YEAR 2004 FUNDING LEVEL FOR A
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACCOUNT.
For the purposes of applying sections 204 and 605 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2004 (division B of Public Law 108-199) to
matters in title II of such Act under the heading ``National Institute
of Standards and Technology'' (118 Stat.69), in the account under the
heading ``industrial technology services'', the Secretary of Commerce
shall make all determinations based on the Industrial Technology
Services funding level of $218,782,000 for reprogramming and
transferring of funds for the Manufacturing Extension Partnership
program and shall submit such a reprogramming or transfer, as the case
may be, to the appropriate committees within 30 days after the date of
the enactment of this Act.
SEC. 1093. REPORT ON OFFSET REQUIREMENTS UNDER CERTAIN CONTRACTS.
Section 8138(b) of the Department of Defense Appropriations Act,
2004 (Public Law 108-87; 117 Stat. 1106; 10 U.S.C. 2532 note) is
amended by adding at the end the following new paragraph:
``(4) The extent to which any foreign country imposes,
whether by law or practice, offsets in excess of 100 percent on
United States suppliers of goods or services, and the impact of
such offsets with respect to employment in the United States,
sales revenue relative to the value of such offsets, technology
transfer of goods that are critical to the national security of
the United States, and global market share of United States
companies.''.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
SEC. 1101. SCIENCE, MATHEMATICS, AND RESEARCH FOR TRANSFORMATION
(SMART) DEFENSE SCHOLARSHIP PILOT PROGRAM.
(a) Requirement for Program.--(1) The Secretary of Defense shall
carry out a pilot program to provide financial assistance for education
in science, mathematics, engineering, and technology skills and
disciplines that, as determined by the Secretary, are critical to the
national security functions of the Department of Defense and are needed
in the Department of Defense workforce.
(2) The pilot program under this section shall be carried out for
three years beginning on October 1, 2004.
(b) Scholarships.--(1) Under the pilot program, the Secretary of
Defense may award a scholarship in accordance with this section to a
person who--
(A) is a citizen of the United States;
(B) is pursuing an undergraduate or advanced degree in a
critical skill or discipline described in subsection (a) at an
institution of higher education; and
(C) enters into a service agreement with the Secretary of
Defense as described in subsection (c).
(2) The amount of the financial assistance provided under a
scholarship awarded to a person under this subsection shall be the
amount determined by the Secretary of Defense as being necessary to pay
all educational expenses incurred by that person, including tuition,
fees, cost of books, laboratory expenses, and expenses of room and
board. The expenses paid, however, shall be limited to those
educational expenses normally incurred by students at the institution
of higher education involved.
(c) Service Agreement for Recipients of Assistance.--(1) To receive
financial assistance under this section--
(A) in the case of an employee of the Department of
Defense, the employee shall enter into a written agreement to
continue in the employment of the department for the period of
obligated service determined under paragraph (2); and
(B) in the case of a person not an employee of the
Department of Defense, the person shall enter into a written
agreement to accept and continue employment in the Department
of Defense for the period of obligated service determined under
paragraph (2).
(2) For the purposes of this subsection, the period of obligated
service for a recipient of a scholarship under this section shall be
the period determined by the Secretary of Defense as being appropriate
to obtain adequate service in exchange for the financial assistance
provided under the scholarship. In no event may the period of service
required of a recipient be less than the total period of pursuit of a
degree that is covered by the scholarship. The period of obligated
service is in addition to any other period for which the recipient is
obligated to serve in the civil service of the United States.
(3) An agreement entered into under this subsection by a person
pursuing an academic degree shall include any terms and conditions that
the Secretary of Defense determines necessary to protect the interests
of the United States or otherwise appropriate for carrying out this
section.
(d) Refund for Period of Unserved Obligated Service.--(1) A person
who voluntarily terminates service before the end of the period of
obligated service required under an agreement entered into under
subsection (c) shall refund to the United States an amount determined
by the Secretary of Defense as being appropriate to obtain adequate
service in exchange for financial assistance.
(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
(3) The Secretary of Defense may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary determines that
recovery would be against equity and good conscience or would be
contrary to the best interests of the United States.
(4) A discharge in bankruptcy under title 11, United States Code,
that is entered less than five years after the termination of an
agreement under this section does not discharge the person signing such
agreement from a debt arising under such agreement or under this
subsection.
(e) Relationship to Other Programs.--The pilot program under this
section is in addition to the authorities provided in chapter 111 of
title 10, United States Code. The Secretary of Defense shall coordinate
the provision of financial assistance under the authority of this
section with the provision of financial assistance under the
authorities provided in such chapter in order to maximize the benefits
derived by the Department of Defense from the exercise of all such
authorities.
(f) Recommendation on Pilot Program.--Not later than February 1,
2007, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives, the Committee
on Governmental Affairs of the Senate, and the Committee on Government
Reform of the House of Representatives a plan for expanding and
improving the national defense science and engineering workforce
educational assistance pilot program carried out under this section as
appropriate to improve recruitment and retention to meet the
requirements of the Department of Defense for its science and
engineering workforce on a short-term basis and on a long-term basis.
(g) Critical Hiring Need.--Section 3304(a)(3) of title 5, United
States Code, is amended by striking subparagraph (B) and inserting the
following:
``(B)(i) the Office of Personnel Management has
determined that there exists a severe shortage of
candidates or there is a critical hiring need; or
``(ii) the candidate is a participant in the
Science, Mathematics, and Research for Transformation
(SMART) Defense Scholarship Pilot Program under section
1101 of the National Defense Authorization Act for
Fiscal Year 2005.''.
(h) Institution of Higher Education Defined.--In this section, the
term ``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (21 U.S.C.
1001).
SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.
(a) Eligibility for Service Not Related to Contingency
Operations.--Section 1596a(a)(2) of title 10, United States Code, is
amended by striking ``during a contingency operation supported by the
armed forces''.
(b) Effective Date and Applicability.--The amendment by this
section shall take effect on October 1, 2004, and shall apply with
respect to months beginning on or after such date.
SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY FOR CIVILIAN
INTELLIGENCE PERSONNEL.
(a) Pay Rates.--Section 1602(a) of title 10, United States Code, is
amended by striking ``in relation to the rates of pay provided in
subpart D of part III of title 5 for positions subject to that subpart
which have corresponding levels of duties and responsibilities'' and
inserting ``in relation to the rates of pay provided for comparable
positions in the Department of Defense, including Senior Executive
Service positions (as defined in section 3132 of title 5) or other
senior level positions''.
(b) Performance Appraisal System.--Section 1606 of such title is
amended by adding at the end the following new subsection:
``(d) Performance Appraisals.--(1) The Defense Intelligence Senior
Executive Service shall be subject to a performance appraisal system
which, as designed and applied, is certified by the Secretary of
Defense under section 5307 of title 5 as making meaningful distinctions
based on relative performance.
``(2) The performance appraisal system applicable to the Defense
Intelligence Senior Executive Service under paragraph (1) may be the
same performance appraisal system that is established and implemented
within the Department of Defense for members of the Senior Executive
Service.''.
SEC. 1104. ACCUMULATION OF ANNUAL LEAVE BY INTELLIGENCE SENIOR LEVEL
EMPLOYEES.
Section 6304(f)(1) of title 5, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``in a position'';
(2) in subparagraphs (A), (B), (C), (D), and (E), by
inserting ``a position in'' before ``the'';
(3) by striking ``or'' at the end of subparagraph (D);
(4) by striking the period at the end of subparagraph (E)
and inserting ``; or''; and
(5) by adding at the end the following new subparagraph:
``(F) a position designated as an Intelligence Senior Level
position under section 1607(a) of title 10.''.
SEC. 1105. PAY PARITY FOR SENIOR EXECUTIVES IN DEFENSE NONAPPROPRIATED
FUND INSTRUMENTALITIES.
(a) Authority.--Chapter 81 of title 10, United States Code, is
amended by inserting after section 1587 the following new section:
``Sec. 1587a. Employees of nonappropriated fund instrumentalities:
senior executive pay levels
``(a) Authority.--To achieve the objective stated in subsection
(b), the Secretary of Defense may regulate the amount of total
compensation that is provided for senior executives of nonappropriated
fund instrumentalities who, for the fixing of pay by administrative
action, are under the jurisdiction of the Secretary of Defense or the
Secretary of a military department.
``(b) Pay Parity.--The objective of an action taken with respect to
the compensation of a senior executive under subsection (a) is to
provide for parity between the total compensation provided for such
senior executive and total compensation that is provided for Department
of Defense employees in Senior Executive Service positions or other
senior executive positions.
``(c) Standards of Comparability.--Subject to subsection (d), the
Secretary of Defense shall prescribe the standards of comparison that
are to apply in the making of the determinations necessary to achieve
the objective stated in subsection (b).
``(d) Establishment of Pay Rates.--The Secretary of Defense shall
apply subsections (a) and (b) of section 5382 of title 5 in the
regulation of compensation under this section.
``(e) Relationship to Pay Limitation.--The Secretary of Defense may
exercise the authority provided in subsection (a) without regard to
section 5373 of title 5.
``(f) Definitions.--In this section:
``(1) The term `compensation' includes rate of basic pay.
``(2) The term `Senior Executive Service position' has the
meaning given such term in section 3132 of title 5.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1587 the following new item:
``1587a. Employees of nonappropriated fund instrumentalities: senior
executive pay levels.''.
SEC. 1106. HEALTH BENEFITS PROGRAM FOR EMPLOYEES OF NONAPPROPRIATED
FUND INSTRUMENTALITIES.
(a) Establishment.--(1) Chapter 81 of title 10, United States Code,
as amended by section 1105(a), is further amended by inserting after
section 1587a the following new section:
``Sec. 1587b. Employees of nonappropriated fund instrumentalities:
health benefits program
``(a) Program Required.--The Secretary of Defense shall provide a
uniform health benefits program for employees of the Department of
Defense assigned to a nonappropriated fund instrumentality of the
United States.
``(b) Exemption From State and Local Laws, Taxes, and Other
Requirements.--The exemption in section 8909(f) of title 5 shall apply
to the program under subsection (a) and to a carrier, underwriting
contractor, and plan administration contractor under such program in
the same manner and to the same extent as such exemption applies under
section 8909(f) of such title to an approved health benefits plan under
chapter 89 of such title and a carrier, underwriting subcontractor, and
plan administration subcontractor, respectively, of such a plan.''.
(2) The table of sections at the beginning of such chapter, as
amended by section 1105(b), is further amended by inserting after the
item relating to section 1587a the following new item:
``1587b. Employees of nonappropriated fund instrumentalities: health
benefits program.''.
(b) Repeal of Superseded Law.--Section 349 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2727; 10 U.S.C. 1587 note) is repealed.
SEC. 1107. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER OFFICE OF
MANAGEMENT AND BUDGET CIRCULAR A-76.
(a) Eligibility To Protest.--(1) Section 3551(2) of title 31,
United States Code, is amended to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a solicitation
or other request for offers described in paragraph (1),
means an actual or prospective bidder or offeror whose
direct economic interest would be affected by the award
of the contract or by failure to award the contract;
and
``(B) with respect to a public-private competition
conducted under Office of Management and Budget
Circular A-76 regarding performance of an activity or
function of a Federal agency, includes--
``(i) any official who submitted the agency
tender in such competition; and
``(ii) any one person who, for the purpose
of representing them in a protest under this
subchapter that relates to such competition,
has been designated as their agent by a
majority of the employees of such Federal
agency who are engaged in the performance of
such activity or function.''.
(2)(A) Subchapter V of chapter 35 of such title is amended by
adding at the end the following new section:
``Sec. 3557. Expedited action in protests for public-private
competitions
``For protests in cases of public-private competitions conducted
under Office of Management and Budget Circular A-76 regarding
performance of an activity or function of Federal agencies, the
Comptroller General shall administer the provisions of this subchapter
in a manner best suited for expediting final resolution of such
protests and final action in such competitions.''.
(B) The chapter analysis at the beginning of such chapter is
amended by inserting after the item relating to section 3556 the
following new item:
``3557. Expedited action in protests for public-private
competitions.''.
(b) Right To Intervene in Civil Action.--Section 1491(b) of title
28, United States Code, is amended by adding at the end the following
new paragraph:
``(5) If a private sector interested party commences an action
described in paragraph (1) in the case of a public-private competition
conducted under Office of Management and Budget Circular A-76 regarding
performance of an activity or function of a Federal agency, then an
official or person described in section 3551(2)(B) of title 31 shall be
entitled to intervene in that action.''.
(c) Applicability.--Subparagraph (B) of section 3551(2) of title
31, United States Code (as added by subsection (a)), and paragraph (5)
of section 1491(b) of title 28, United States Code (as added by
subsection (b)), shall apply to--
(1) protests and civil actions that challenge final
selections of sources of performance of an activity or function
of a Federal agency that are made pursuant to studies initiated
under Office of Management and Budget Circular A-76 on or after
January 1, 2004; and
(2) any other protests and civil actions that relate to
public-private competitions initiated under Office of
Management and Budget Circular A-76 on or after the date of the
enactment of this Act.
SEC. 1108. REPORT ON HOW TO RECRUIT AND RETAIN INDIVIDUALS WITH FOREIGN
LANGUAGE SKILLS.
(a) Findings.--Congress makes the following findings:
(1) The Federal Government has a requirement to ensure that
the employees of its departments and agencies with national
security responsibilities are prepared to meet the challenges
of this evolving international environment.
(2) According to a 2002 General Accounting Office report,
Federal agencies have shortages in translators and interpreters
and an overall shortfall in the language proficiency levels
needed to carry out their missions which has adversely affected
agency operations and hindered United States military, law
enforcement, intelligence, counterterrorism, and diplomatic
efforts.
(3) Foreign language skills and area expertise are integral
to, or directly support, every foreign intelligence discipline
and are essential factors in national security readiness,
information superiority, and coalition peacekeeping or
warfighting missions.
(4) Communicating in languages other than English and
understanding and accepting cultural and societal differences
are vital to the success of peacetime and wartime military and
intelligence activities.
(5) Proficiency levels required for foreign language
support to national security functions have been raised, and
what was once considered proficiency is no longer the case. The
ability to comprehend and articulate technical and complex
information in foreign languages has become critical.
(6) According to the Joint Intelligence Committee Inquiry
into the 9/11 Terrorist Attacks, the Intelligence Community had
insufficient linguists prior to September 11, 2001, to handle
the challenge it faced in translating the volumes of foreign
language counterterrorism intelligence it collected. Agencies
within the Intelligence Community experienced backlogs in
material awaiting translation, a shortage of language
specialists and language-qualified field officers, and a
readiness level of only 30 percent in the most critical
terrorism-related languages that are used by terrorists.
(7) Because of this shortage, the Federal Government has
had to enter into private contracts to procure linguist and
translator services, including in some positions that would be
more appropriately filled by permanent Federal employees or
members of the United States Armed Forces.
(b) Report.--In its fiscal year 2006 budget request, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives and the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives, a plan for expanding and
improving the national security foreign language workforce of the
Department of Defense as appropriate to improve recruitment and
retention to meet the requirements of the Department for its foreign
language workforce on a short-term basis and on a long-term basis.
SEC. 1109. PLAN ON IMPLEMENTATION AND UTILIZATION OF FLEXIBLE PERSONNEL
MANAGEMENT AUTHORITIES IN DEPARTMENT OF DEFENSE
LABORATORIES.
(a) Plan Required.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Under Secretary of Defense for
Personnel and Readiness shall jointly develop a plan for the effective
utilization of the personnel management authorities referred to in
subsection (b) in order to increase the mission responsiveness,
efficiency, and effectiveness of Department of Defense laboratories.
(b) Covered Authorities.--The personnel management authorities
referred to in this subsection are the personnel management authorities
granted to the Secretary of Defense by the provisions of law as
follows:
(1) Section 342(b) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721),
as amended by section 1114 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-315)).
(2) Section 1101 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5
U.S.C. 3104 note).
(3) Such other provisions of law as the Under Secretaries
jointly consider appropriate for purposes of this section.
(c) Plan Elements.--The plan under subsection (a) shall--
(1) include such elements as the Under Secretaries jointly
consider appropriate to provide for the effective utilization
of the personnel management authorities referred to in
subsection (b) as described in subsection (a), including the
recommendations of the Under Secretaries for such additional
authorities, including authorities for demonstration programs
or projects, as are necessary to achieve the effective
utilization of such personnel management authorities; and
(2) include procedures, including a schedule for review and
decisions, on proposals to modify current demonstration
programs or projects, or to initiate new demonstration programs
or projects, on flexible personnel management at Department
laboratories
(d) Submittal to Congress.--The Under Secretaries shall jointly
submit to Congress the plan under subsection (a) not later than
February 1, 2006.
SEC. 1110. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING
ACTIVE SERVICE IN THE UNIFORMED SERVICES OR NATIONAL
GUARD.
(a) Short Title.--This section may be cited as the ``Reservists Pay
Security Act of 2004''.
(b) In General.--Subchapter IV of chapter 55 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed
services or National Guard
``(a) An employee who is absent from a position of employment with
the Federal Government in order to perform active duty in the uniformed
services pursuant to a call or order to active duty under a provision
of law referred to in section 101(a)(13)(B) of title 10 shall be
entitled, while serving on active duty, to receive, for each pay period
described in subsection (b), an amount equal to the amount by which--
``(1) the amount of basic pay which would otherwise have
been payable to such employee for such pay period if such
employee's civilian employment with the Government had not been
interrupted by that service, exceeds (if at all)
``(2) the amount of pay and allowances which (as determined
under subsection (d))--
``(A) is payable to such employee for that service;
and
``(B) is allocable to such pay period.
``(b)(1) Amounts under this section shall be payable with respect
to each pay period (which would otherwise apply if the employee's
civilian employment had not been interrupted)--
``(A) during which such employee is entitled to
reemployment rights under chapter 43 of title 38 with respect
to the position from which such employee is absent (as referred
to in subsection (a)); and
``(B) for which such employee does not otherwise receive
basic pay (including by taking any annual, military, or other
paid leave) to which such employee is entitled by virtue of
such employee's civilian employment with the Government.
``(2) For purposes of this section, the period during which an
employee is entitled to reemployment rights under chapter 43 of title
38--
``(A) shall be determined disregarding the provisions of
section 4312(d) of title 38; and
``(B) shall include any period of time specified in section
4312(e) of title 38 within which an employee may report or
apply for employment or reemployment following completion of
service on active duty to which called or ordered as described
in subsection (a).
``(c) Any amount payable under this section to an employee shall be
paid--
``(1) by such employee's employing agency;
``(2) from the appropriation or fund which would be used to
pay the employee if such employee were in a pay status; and
``(3) to the extent practicable, at the same time and in
the same manner as would basic pay if such employee's civilian
employment had not been interrupted.
``(d) The Office of Personnel Management shall, in consultation
with Secretary of Defense, prescribe any regulations necessary to carry
out the preceding provisions of this section.
``(e)(1) The head of each agency referred to in section
2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe
procedures to ensure that the rights under this section apply to the
employees of such agency.
``(2) The Administrator of the Federal Aviation Administration
shall, in consultation with the Office, prescribe procedures to ensure
that the rights under this section apply to the employees of that
agency.
``(f) For purposes of this section--
``(1) the terms `employee', `Federal Government', and
`uniformed services' have the same respective meanings as given
them in section 4303 of title 38;
``(2) the term `employing agency', as used with respect to
an employee entitled to any payments under this section, means
the agency or other entity of the Government (including an
agency referred to in section 2302(a)(2)(C)(ii)) with respect
to which such employee has reemployment rights under chapter 43
of title 38; and
``(3) the term `basic pay' includes any amount payable
under section 5304.''.
(c) Clerical Amendment.--The table of sections for chapter 55 of
title 5, United States Code, is amended by inserting after the item
relating to section 5537 the following:
``5538. Nonreduction in pay while serving in the uniformed services or
National Guard.''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply with respect to pay periods (as described in section
5538(b) of title 5, United States Code, as amended by this
section) beginning on or after the date of enactment of this
Act.
(2) Conditional retroactive application.--
(A) In general.--The amendments made by this
section shall apply with respect to pay periods (as
described in section 5538(b) of title 5, United States
Code, as amended by this section) beginning on or after
October 11, 2002 through the date of enactment of this
Act, subject to the availability of appropriations.
(B) Authorization of appropriations.--There are
authorized to be appropriated $100,000,000 for purposes
of subparagraph (A).
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 2005 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2005 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1202. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $409,200,000 authorized
to be appropriated to the Department of Defense for fiscal year 2005 in
section 301(19) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$58,522,000.
(2) For nuclear weapons storage security in Russia,
$48,672,000.
(3) For nuclear weapons transportation security in Russia,
$26,300,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$40,030,000.
(5) For chemical weapons destruction in Russia,
$158,400,000.
(6) For biological weapons proliferation prevention in the
former Soviet Union, $54,959,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $14,317,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2005 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (8) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2005 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1) Subject to
paragraphs (2) and (3), in any case in which the Secretary of Defense
determines that it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal year 2005 for a
purpose listed in any of the paragraphs in subsection (a) in excess of
the specific amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount
authorized for such purpose may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (8) of subsection (a) in excess of 125 percent
of the specific amount authorized for such purpose.
SEC. 1203. MODIFICATION AND WAIVER OF LIMITATION ON USE OF FUNDS FOR
CHEMICAL WEAPONS DESTRUCTION FACILITIES IN RUSSIA.
(a) Modification of Limitation.--Section 1305 of the National
Defense Authorization Act for Fiscal Year 2000 (22 U.S.C. 5952 note) is
amended by striking ``or expended''.
(b) Waiver Authority.--The conditions described in section 1305 of
the National Defense Authorization Act for Fiscal Year 2000, as amended
by subsection (a), shall not apply to the obligation of funds during a
fiscal year for the planning, design, or construction of a chemical
weapons destruction facility in Russia if the President submits to
Congress a written certification with respect to such fiscal year that
includes--
(1) a statement as to why the waiver of the conditions
during the fiscal year covered by such certification is
consistent with the national security interests of the United
States; and
(2) a plan to promote a full and accurate disclosure by
Russia regarding the size, content, status, and location of its
chemical weapons stockpile.
SEC. 1204. INCLUSION OF DESCRIPTIVE SUMMARIES IN ANNUAL COOPERATIVE
THREAT REDUCTION REPORTS AND BUDGET JUSTIFICATION
MATERIALS.
Section 1307 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2165; 22 U.S.C.
5952 note) is amended--
(1) in subsection (a), by striking ``as part of the
Secretary's annual budget request to Congress'' in the matter
preceding paragraph (1) and inserting ``in the materials and
manner specified in subsection (c)''; and
(2) by adding at the end the following new subsection:
``(c) Inclusion in Certain Materials Submitted to Congress.--The
summary required to be submitted to Congress in a fiscal year under
subsection (a) shall be set forth by project category, and by amounts
specified in paragraphs (1) and (2) of that subsection in connection
with such project category, in each of the following:
``(1) The annual report on activities and assistance under
Cooperative Threat Reduction programs required in such fiscal
year under section 1308 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398).
``(2) The budget justification materials submitted to
Congress in support of the Department of Defense budget for the
fiscal year succeeding such fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code).''.
TITLE XIII--MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE
SEC. 1301. ANNUAL MEDICAL READINESS PLAN AND JOINT MEDICAL READINESS
OVERSIGHT COMMITTEE.
(a) Requirement for Plan.--The Secretary of Defense shall develop a
comprehensive plan to improve medical readiness, and Department of
Defense tracking of the health status, of members of the Armed Forces
throughout their service in the Armed Forces, and to strengthen medical
readiness and tracking before, during, and after deployment of the
personnel overseas. The matters covered by the comprehensive plan shall
include all elements that are described in this title and the
amendments made by this title and shall comply with requirements in
law.
(b) Joint Medical Readiness Oversight Committee.--
(1) Establishment.--The Secretary of Defense shall
establish a Joint Medical Readiness Oversight Committee.
(2) Composition.--The members of the Committee are as
follows:
(A) The Under Secretary of Defense for Personnel
and Readiness, who shall chair the Committee.
(B) The Assistant Secretary of Defense for Health
Affairs.
(C) The Assistant Secretary of Defense for Reserve
Affairs.
(D) The Surgeons General of the Armed Forces.
(E) The Assistant Secretary of the Army for
Manpower and Reserve Affairs.
(F) The Assistant Secretary of the Navy for
Manpower and Reserve Affairs.
(G) The Assistant Secretary of the Air Force for
Manpower, Reserve Affairs, Installations, and
Environment.
(H) The Chief of the National Guard Bureau.
(I) The Chief of Army Reserve.
(J) The Chief of Naval Reserve.
(K) The Chief of Air Force Reserve.
(L) The Commander, Marine Corps Reserve.
(M) The Director of the Defense Manpower Data
Center.
(N) A representative of the Department of Veterans
Affairs designated by the Secretary of Veterans
Affairs.
(O) Representatives of veterans and military health
advocacy organizations appointed to the Committee by
the Secretary of Defense.
(P) An individual from civilian life who is
recognized as an expert on military health care
treatment, including research relating to such
treatment.
(3) Duties.--The duties of the Committee are as follows:
(A) To advise the Secretary of Defense on the
medical readiness and health status of the members of
the active and reserve components of the Armed Forces.
(B) To advise the Secretary of Defense on the
compliance of the Armed Forces with the medical
readiness tracking and health surveillance policies of
the Department of Defense.
(C) To oversee the development and implementation
of the comprehensive plan required by subsection (a)
and the actions required by this title and the
amendments made by this title, including with respect
to matters relating to--
(i) the health status of the members of the
reserve components of the Armed Forces;
(ii) accountability for medical readiness;
(iii) medical tracking and health
surveillance;
(iv) declassification of information on
environmental hazards;
(v) postdeployment health care for members
of the Armed Forces; and
(vi) compliance with Department of Defense
and other applicable policies on blood serum
repositories.
(D) To ensure unity and integration of efforts
across functional and organizational lines within the
Department of Defense with regard to medical readiness
tracking and health status surveillance of members of
the Armed Forces.
(E) To establish and monitor compliance with the
medical readiness standards that are applicable to
members and those that are applicable to units.
(F) To improve continuity of care in coordination
with the Secretary of Veterans Affairs, for members of
the Armed Forces separating from active service with
service-connected medical conditions.
(G) To prepare and submit to the Secretary of
Defense and to the Committees on Armed Services of the
Senate and the House of Representatives, not later than
February 1 of each year, a report on--
(i) the health status and medical readiness
of the members of the Armed Forces, including
the members of reserve components, based on the
comprehensive plan required under subsection
(a) and the actions required by this title and
the amendments made by this title; and
(ii) compliance with Department of Defense
policies on medical readiness tracking and
health surveillance.
(4) First meeting.--The first meeting of the Committee
shall be held not later than 90 days after the date of the
enactment of this Act.
SEC. 1302. MEDICAL READINESS OF RESERVES.
(a) Comptroller General Study of Health of Reserves Ordered to
Active Duty for Operations Enduring Freedom and Iraqi Freedom.--
(1) Requirement for study.--The Comptroller General of the
United States shall carry out a study of the health of the
members of the reserve components of the Armed Forces who have
been called or ordered to active duty for a period of more than
30 days in support of Operation Enduring Freedom and Operation
Iraqi Freedom. The Comptroller General shall commence the study
not later than 180 days after the date of the enactment of this
Act.
(2) Purposes.--The purposes of the study under this
subsection are as follows:
(A) To review the health status and medical fitness
of the activated Reserves when they were called or
ordered to active duty.
(B) To review the effects, if any, on logistics
planning and the deployment schedules for the
operations referred to in paragraph (1) that resulted
from deficiencies in the health or medical fitness of
activated Reserves.
(C) To review compliance of military personnel with
Department of Defense policies on medical and physical
fitness examinations and assessments that are
applicable to the reserve components of the Armed
Forces.
(3) Report.--The Comptroller General shall, not later than
one year after the date of the enactment of this Act, submit a
report on the results of the study under this subsection to the
Committees on Armed Services of the Senate and the House of
Representatives. The report shall include the following
matters:
(A) With respect to the matters reviewed under
subparagraph (A) of paragraph (2)--
(i) the percentage of activated Reserves
who were determined to be medically unfit for
deployment, together with an analysis of the
reasons why the member was unfit, including
medical illnesses or conditions most commonly
found among the activated Reserves that were
grounds for determinations of medical unfitness
for deployment; and
(ii) the percentage of the activated
Reserves who, before being deployed, needed
medical care for health conditions identified
when called or ordered to active duty, together
with an analysis of the types of care that were
provided for such conditions and the reasons
why such care was necessary.
(B) With respect to the matters reviewed under
subparagraph (B) of paragraph (2)--
(i) the delays and other disruptions in
deployment schedules that resulted from
deficiencies in the health status or medical
fitness of activated Reserves; and
(ii) an analysis of the extent to which it
was necessary to merge units or otherwise alter
the composition of units, and the extent to
which it was necessary to merge or otherwise
alter objectives, in order to compensate for
limitations on the deployability of activated
Reserves resulting from deficiencies in the
health status or medical fitness of activated
Reserves.
(C) With respect to the matters reviewed under
subparagraph (C) of paragraph (2), an assessment of the
extent of the compliance of reserve component personnel
with Department of Defense policies on routine medical
and physical fitness examinations that are applicable
to the reserve components of the Armed Forces.
(D) An analysis of the extent to which the medical
care, if any, provided to activated Reserves in each
theater of operations referred to in paragraph (1)
related to preexisting conditions that were not
adequately addressed before the deployment of such
personnel to the theater.
(4) Definitions.--In this subsection:
(A) The term ``activated Reserves'' means the
members of the Armed Forces referred to in paragraph
(1).
(B) The term ``active duty for a period of more
than 30 days'' has the meaning given such term in
section 101(d) of title 10, United States Code.
(C) The term ``health condition'' includes a mental
health condition and a dental condition.
(D) The term ``reserve components of the Armed
Forces'' means the reserve components listed in section
10101 of title 10, United States Code.
(b) Accountability for Individual and Unit Medical Readiness.--
(1) Policy.--The Secretary of Defense shall issue a policy
to ensure that individual members and commanders of reserve
component units fulfill their responsibilities for medical and
dental readiness of members of the units on the basis of--
(A) frequent periodic health assessment of members
(not less frequently than once every two years) using
the predeployment assessment procedure required under
section 1074f of title 10, United States Code, as the
minimum standard of medical readiness; and
(B) any other information on the health status of
the members that is available to the commanders.
(2) Review and followup care.--The regulations under this
subsection shall provide for review of the health assessments
under paragraph (1) by a medical professional and for any
followup care and treatment that is needed for medical or
dental readiness.
(3) Modification of predeployment health assessment
survey.--In meeting the policy under paragraph (1), the
Secretary shall--
(A) to the extent practicable, modify the
predeployment health assessment survey to bring such
survey into conformity with the detailed postdeployment
health assessment survey in use as of October 1, 2004;
and
(B) ensure the use of the predeployment health
assessment survey, as so modified, for predeployment
health assessments after that date.
(c) Uniform Policy on Deferral of Medical Treatment Pending
Deployment to Theaters of Operations.--
(1) Requirement for policy.--The Secretary of Defense shall
prescribe, for uniform applicability throughout the Armed
Forces, a policy on deferral of medical treatment of members
pending deployment.
(2) Content.--The policy prescribed under paragraph (1)
shall specify the following matters:
(A) The circumstances under which treatment for
medical conditions may be deferred to be provided
within a theater of operations in order to prevent
delay or other disruption of a deployment to that
theater.
(B) The circumstances under which medical
conditions are to be treated before deployment to that
theater.
SEC. 1303. BASELINE HEALTH DATA COLLECTION PROGRAM.
(a) Requirement for Program.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1092 the following
new section:
``Sec. 1092a. Persons entering the armed forces: baseline health data
``(a) Program Required.--The Secretary of Defense shall carry out a
program--
``(1) to collect baseline health data from all persons
entering the armed forces;
``(2) to provide for computerized compilation and
maintenance of the baseline health data; and
``(3) to analyze the data.
``(b) Purposes.--The program under this section shall be designed
to achieve the following purposes:
``(1) To facilitate understanding of how exposures related
to service in the armed forces affect health.
``(2) To facilitate development of early intervention and
prevention programs to protect health and readiness.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1092 the following new item:
``1092a. Persons entering the armed forces: baseline health data.''.
(3) Time for implementation.--The Secretary of Defense
shall implement the program required under section 1092a of
title 10, United States Code (as added by paragraph (1)), not
later than two years after the date of the enactment of this
Act.
(b) Interim Standards for Blood Sampling.--The Secretary of Defense
shall require under the medical tracking system administered under
section 1074f of title 10, United States Code, that--
(1) the blood samples necessary for the predeployment
medical examination of a member of the Armed Forces required
under subsection (b) of such section be drawn not earlier than
60 days before the date of the deployment; and
(2) the blood samples necessary for the postdeployment
medical examination of a member of the Armed Forces required
under such subsection be drawn not later than 30 days after the
date on which the deployment ends.
SEC. 1304. MEDICAL CARE AND TRACKING AND HEALTH SURVEILLANCE IN THE
THEATER OF OPERATIONS.
(a) Recordkeeping Policy.--The Secretary of Defense shall prescribe
a policy that requires the records of all medical care provided to a
member of the Armed Forces in a theater of operations to be maintained
as part of a complete health record for the member.
(b) In-Theater Medical Tracking and Health Surveillance.--
(1) Requirement for evaluation.--The Secretary of Defense
shall evaluate the system for the medical tracking and health
surveillance of members of the Armed Forces in theaters of
operations and take such actions as may be necessary to improve
the medical tracking and health surveillance.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit a
report on the actions taken under paragraph (1) to the
Committees on Armed Services of the Senate and the House of
Representatives. The report shall include the following
matters:
(A) An analysis of the strengths and weaknesses of
the medical tracking system administered under section
1074f of title 10, United States Code.
(B) An analysis of the efficacy of health
surveillance systems as a means of detecting--
(i) any health problems (including mental
health conditions) of members of the Armed
Forces contemporaneous with the performance of
the assessment under the system; and
(ii) exposures of the assessed members to
environmental hazards that potentially lead to
future health problems.
(C) An analysis of the strengths and weaknesses of
such medical tracking and surveillance systems as a
means for supporting future research on health issues.
(D) Recommended changes to such medical tracking
and health surveillance systems.
(E) A summary of scientific literature on blood
sampling procedures used for detecting and identifying
exposures to environmental hazards.
(F) An assessment of whether there is a need for
changes to regulations and standards for drawing blood
samples for effective tracking and health surveillance
of the medical conditions of personnel before
deployment, upon the end of a deployment, and for a
followup period of appropriate length.
(c) Plan To Obtain Health Care Records From Allies.--The Secretary
of Defense shall develop a plan for obtaining all records of medical
treatment provided to members of the Armed Forces by allies of the
United States in Operation Enduring Freedom and Operation Iraqi
Freedom. The plan shall specify the actions that are to be taken to
obtain all such records.
(d) Policy on In-Theater Personnel Locator Data.--Not later than
one year after the date of the enactment of this Act, the Secretary of
Defense shall prescribe a Department of Defense policy on the
collection and dissemination of in-theater individual personnel
location data.
SEC. 1305. DECLASSIFICATION OF INFORMATION ON EXPOSURES TO
ENVIRONMENTAL HAZARDS.
(a) Requirement for Review.--The Secretary of Defense shall review
and, as determined appropriate, revise the classification policies of
the Department of Defense with a view to facilitating the
declassification of data that is potentially useful for the monitoring
and assessment of the health of members of the Armed Forces who have
been exposed to environmental hazards during deployments overseas,
including the following data:
(1) In-theater injury rates.
(2) Data derived from environmental surveillance.
(3) Health tracking and surveillance data.
(b) Consultation With Commanders of Theater Combatant Commands.--
The Secretary shall, to the extent that the Secretary considers
appropriate, consult with the senior commanders of the in-theater
forces of the combatant commands in carrying out the review and
revising policies under subsection (a).
SEC. 1306. ENVIRONMENTAL HAZARDS.
(a) Report on Training of Field Medical Personnel.--
(1) Requirement for report.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the training on
environmental hazards that is provided by the Armed Forces to
medical personnel of the Armed Forces who are deployable to the
field in direct support of combat personnel.
(2) Content.--The report under paragraph (1) shall include
the following:
(A) An assessment of the adequacy of the training
regarding--
(i) the identification of common
environmental hazards and exposures to such
hazards; and
(ii) the prevention and treatment of
adverse health effects of such exposures.
(B) A discussion of the actions taken and to be
taken to improve such training.
(c) Report on Responses to Health Concerns of Members.--
(1) Requirement for report.--Not later than 180 days after
the date of the enactment of this Act, the Assistant Secretary
of Defense for Health Affairs shall submit to the Secretary of
Defense and the Committees on Armed Services of the Senate and
the House of Representatives a report on Department of Defense
responses to concerns expressed by members of the Armed Forces
during post-deployment health assessments about possibilities
that the members were exposed to environmental hazards
deleterious to the members' health during a deployment
overseas.
(2) Content.--The report regarding health concerns
submitted under paragraph (1) shall include the following:
(A) A discussion of the actions taken by Department
of Defense officials to investigate the circumstances
underlying such concerns in order to determine the
validity of the concerns.
(B) A discussion of the actions taken by Department
of Defense officials to evaluate or treat members and
former members of the Armed Forces who are confirmed to
have been exposed to environmental hazards deleterious
to their health during deployments of the Armed Forces.
SEC. 1307. POST-DEPLOYMENT MEDICAL CARE RESPONSIBILITIES OF
INSTALLATION COMMANDERS.
(a) Requirement for Regulations.--The Secretary of Defense shall
prescribe a policy that requires the commander of each military
installation at which members of the Armed Forces are to be processed
upon redeployment from an overseas deployment--
(1) to identify and analyze the anticipated health care
needs of such members before the arrival of such members at
that installation; and
(2) to report such needs to the Secretary.
(b) Health Care To Meet Needs.--The policy under this section shall
include procedures for the commander of each military installation
described in subsection (a) to meet the anticipated health care needs
that are identified by the commander in the performance of duties under
the regulations, including the following:
(1) Arrangements for health care provided by the Secretary
of Veterans Affairs.
(2) Procurement of services from local health care
providers.
(3) Temporary employment of health care personnel to
provide services at such installation.
SEC. 1308. FULL IMPLEMENTATION OF MEDICAL READINESS TRACKING AND HEALTH
SURVEILLANCE PROGRAM AND FORCE HEALTH PROTECTION AND
READINESS PROGRAM.
(a) Implementation at All Levels.--The Secretary of Defense, in
conjunction with the Secretaries of the military departments, shall
take such actions as are necessary to ensure that the Army, Navy, Air
Force, and Marine Corps fully implement at all levels--
(1) the Medical Readiness Tracking and Health Surveillance
Program under this title and the amendments made by this title;
and
(2) the Force Health Protection and Readiness Program of
the Department of Defense (relating to the prevention of injury
and illness and the reduction of disease and noncombat injury
threats).
(b) Action Official.--The Secretary of Defense may act through the
Under Secretary of Defense for Personnel and Readiness in carrying out
subsection (a).
SEC. 1309. OTHER MATTERS.
(a) Annual Reports.--
(1) Requirement for reports.--
(A) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1073a the following
new section:
``Sec. 1073b. Recurring reports
``(a) Annual Report on Health Protection Quality.--(1) The
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives each year a report on
the Force Health Protection Quality Assurance Program of the Department
of Defense. The report shall include the following matters:
``(A) The results of an audit of the extent to which the
serum samples required to be obtained from members of the armed
forces before and after a deployment are stored in the serum
repository of the Department of Defense.
``(B) The results of an audit of the extent to which the
health assessments required for members of the armed forces
before and after a deployment are being maintained in the
electronic database of the Defense Medical Surveillance System.
``(C) An analysis of the actions taken by the Department of
Defense personnel to respond to health concerns expressed by
members of the armed forces upon return from a deployment.
``(D) An analysis of the actions taken by the Secretary to
evaluate or treat members and former members of the armed
forces who are confirmed to have been exposed to occupational
or environmental hazards deleterious to their health during a
deployment.
``(2) The Secretary of Defense shall act through the Assistant
Secretary of Defense for Health Affairs in carrying out this
subsection.
``(b) Annual Report on Recording of Health Assessment Data in
Military Personnel Records.--The Secretary of Defense shall issue each
year a report on the compliance by the military departments with
applicable policies on the recording of health assessment data in
military personnel records. The report shall include a discussion of
the extent to which immunization status and predeployment and
postdeployment health care data is being recorded in such records.''.
(B) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 1073a the following new item:
``1073b. Recurring reports.''.
(2) Initial report.--The first report under section
1073b(a) of title 10, United States Code (as added by paragraph
(1)), shall be completed not later than 180 days after the date
of the enactment of this Act.
(b) Internet Accessibility of Health Assessment Information for
Members of the Armed Forces.--Not later than one year after the date of
the enactment of this Act, the Chief Information Officer of each
military department shall ensure that the online portal website of that
military department includes the following information relating to
health assessments:
(1) Information on the Department of Defense policies
regarding predeployment and postdeployment health assessments,
including policies on the following matters:
(A) Health surveys.
(B) Physical examinations.
(C) Collection of blood samples and other tissue
samples.
(2) Procedural information on compliance with such
policies, including the following information:
(A) Information for determining whether a member is
in compliance.
(B) Information on how to comply.
(3) Health assessment surveys that are either--
(A) web-based; or
(B) accessible (with instructions) in
printer-ready form by download.
SEC. 1310. USE OF CIVILIAN EXPERTS AS CONSULTANTS.
Nothing in this title or an amendment made by this title shall be
construed to limit the authority of the Secretary of Defense to procure
the services of experts outside the Federal Government for performing
any function to comply with requirements for readiness tracking and
health surveillance of members of the Armed Forces that are applicable
to the Department of Defense.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2005''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Anniston Army Depot.. $23,690,000
Fort Rucker.......... $16,500,000
Alaska......................... Fort Richardson...... $24,300,000
Fort Wainwright...... $92,459,000
Arizona........................ Fort Huachuca........ $18,000,000
California..................... Fort Irwin........... $38,100,000
Sierra Army Depot.... $13,600,000
Colorado....................... Fort Carson.......... $63,158,000
Georgia........................ Fort Benning......... $71,777,000
Fort Gillem.......... $5,800,000
Fort McPherson....... $4,900,000
Fort Stewart/Hunter $65,495,000
Army Air Field......
Hawaii......................... Helemano Military $75,300,000
Reservation.
Hickam Air Field..... $11,200,000
Pohakuloa Training $40,000,000
Area.
Schofield Barracks... $162,792,000
Wheeler Army Air $24,000,000
Field.
Kansas......................... Fort Riley........... $59,550,000
Kentucky....................... Fort Campbell........ $92,000,000
Fort Knox............ $75,750,000
Louisiana...................... Fort Polk............ $70,953,000
Maryland....................... Aberdeen Proving $13,000,000
Ground.
Missouri....................... Fort Leonard Wood.... $28,150,000
New Mexico..................... White Sands Missile $33,000,000
Range.
New York....................... Fort Drum............ $7,950,000
Fort Hamilton........ $7,600,000
Military Entrance $6,200,000
Processing Station,
Buffalo.
United States $60,000,000
Military Academy,
West Point.
North Carolina................. Fort Bragg........... $101,687,000
Oklahoma....................... Fort Sill............ $14,400,000
Pennsylvania................... Letterkenny Depot.... $11,400,000
Texas.......................... Fort Bliss........... $20,100,000
Fort Hood............ $78,088,000
Fort Sam Houston..... $11,400,000
Virginia....................... Fort A.P. Hill....... $14,775,000
Fort Myer............ $49,526,000
Washington..................... Fort Lewis........... $57,200,000
-----------------
Total............ $1,563,800,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Grafenwoehr............ $77,200,000
Italy.......................... Livorno................ $26,000,000
Korea.......................... Camp Humphreys......... $12,000,000
---------------
Total.................. $115,200,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, for the purposes, and in
the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Richardson............ 92 Units................... $42,000,000
Fort Wainwright............ 246 Units.................. $124,000,000
Arizona................................. Fort Huachuca.............. 205 Units.................. $41,000,000
Yuma Proving Grounds....... 55 Units................... $14,900,000
Kansas.................................. Fort Riley................. 126 Units.................. $33,000,000
New Mexico.............................. White Sands Missile Range.. 156 Units.................. $31,000,000
Oklahoma................................ Fort Sill.................. 247 Units.................. $47,000,000
Virginia................................ Fort Lee................... 218 Units.................. $46,000,000
Fort Monroe................ 68 Units................... $16,000,000
-------------
Total.................. $394,900,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $29,209,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $211,990,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2004, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $3,507,891,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,534,500,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $115,200,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $154,335,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $636,099,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $928,907,000.
(6) For the construction of phase 3 of a barracks complex
renewal, Capron Road, Schofield Barracks, Hawaii, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2681), $48,000,000.
(7) For the construction of phase 3 of a maintenance
complex at Fort Sill, Oklahoma, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107-314; 116 Stat. 2681), as
amended by section 2106 of this Act, $13,100,000.
(8) For the construction of phase 2 of a barracks complex,
5th and 16th Street, at Fort Stewart/Hunter Army Air Field,
Georgia, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1697), as amended by section
2105 of this Act, $32,950,000.
(9) For the construction of phase 2 of the Lewis and Clark
instructional facility, at Fort Leavenworth, Kansas, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1697), $44,000,000.
(10) For the construction of phase 2 of a barracks complex
at Wheeler Sack Army Air Field, Fort Drum, New York, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1697), as amended by section 2105 of this Act,
$48,000,000.
(11) For the construction of phase 2 of a barracks complex,
Bastogne Drive, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1697), $48,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $41,000,000 (the balance of the amount authorized under
section 2101(a) for an upgrade to Drum Road at the Helemano
Military Reservation, Hawaii);
(3) $25,000,000 (the balance of the amount authorized under
section 2101(a) to construct a vehicle maintenance facility at
Schofield Barracks, Hawaii);
(4) $25,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, 42nd
Street and Indiana Avenue, at Fort Campbell, Kentucky);
(5) $22,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of a basic combat training
complex at Fort Knox, Kentucky);
(6) $31,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex,
Blackjack Street, Fort Bragg, North Carolina); and
(7) $25,500,000 (the balance of the amount authorized under
section 2101(a) for construction of a library and learning
center at the United States Military Academy, New York).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2004 PROJECTS.
The table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1697) is amended--
(1) in the item relating to Fort Stewart, Georgia, by
striking ``$113,500,000'' in the amount column and inserting
``$114,450,000'';
(2) in the item relating to Fort Drum, New York, by
striking ``$130,700,000'' in the amount column and inserting
``$135,700,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$1,043,150,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2003 PROJECT.
The table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public Law 107-
314; 116 Stat. 2681), as amended by section 2105(a)(2) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1701), is further amended--
(1) in the item relating to Fort Sill, Oklahoma, by
striking ``$39,652,000'' in the amount column and inserting
``$40,752,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,157,267,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $26,670,000
Station, Yuma.
California..................... Marine Corps Base, $38,455,000
Camp Pendleton.
Naval Air Facility, El $54,331,000
Centro.
Recruit Depot, San $8,110,000
Diego.
Connecticut.................... Naval Submarine Base, $50,302,000
New London.
District of Columbia........... Naval Observatory, $3,239,000
Washington.
Florida........................ Eglin Air Force Base.. $2,060,000
Naval Station, Mayport $6,200,000
Georgia........................ Strategic Weapons $16,000,000
Facility Atlantic,
Kings Bay............
Illinois....................... Naval Training $74,781,000
Station, Great Lakes.
Maine.......................... Naval Air Station, $4,690,000
Brunswick............
Portsmouth Naval $7,860,000
Station..............
Maryland....................... Naval Surface Warfare $13,900,000
Center, Indian Head..
Mississippi.................... Naval Construction $4,350,000
Battalion Center,
Gulfport.............
Nevada......................... Naval Air Station, $4,980,000
Fallon...............
North Carolina................. Marine Corps Air $35,140,000
Station, New River...
Marine Corps Base, $13,420,000
Camp Lejeune.........
Washington County..... $136,900,000
Rhode Island................... Naval Station Newport. $9,080,000
South Carolina................. Naval Weapons Station, $18,140,000
Charleston.
Virginia....................... Camp Elmore Marine $13,500,000
Corps Detachment.
Marine Corps Base, $46,270,000
Quantico.............
Naval Air Station, $2,770,000
Oceana...............
Naval Amphibious Base, $2,850,000
Little Creek.
Naval Station, Norfolk $4,330,000
Naval Weapons Station, $9,870,000
Yorktown.............
Washington..................... Naval Shipyard Puget $20,305,000
Sound, Bremerton.
Naval Station, $74,125,000
Bremerton.
Strategic Weapons $131,090,000
Facility Pacific,
Bangor...............
----------------
Total............. $833,718,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Diego Garcia................... Naval Support Facility, $17,500,000
Diego Garcia..........
Guam........................... Naval Station, Guam.... $33,200,000
Italy.......................... Sigonella.............. $22,550,000
---------------
Total.............. $73,250,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(3), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations, and in the
amount, set forth in the following table:
Navy: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Worldwide Unspecified.......... Unspecified Worldwide.. $52,658,000
---------------
Total.............. $52,658,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(6)(A), the Secretary of the Navy may
construct or acquire family housing units (including land acquisition
and supporting facilities) at the installations or locations, for the
purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
North Carolina.......................... Marine Corps Air Station, 198 Units.................. $27,002,000
Cherry Point..............
-------------
Total.................. $27,002,000
----------------------------------------------------------------------------------------------------------------
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(6)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $112,105,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2004, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $1,843,716,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $694,338,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $73,250,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2201(c), $18,560,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $87,067,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $139,107,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $704,504,000.
(7) For the construction of phase 2 of the tertiary sewage
treatment plant at Marine Corps Base, Camp Pendleton,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1703), $25,690,000.
(8) For the construction of phase 2 of the general purpose
berthing pier at Naval Weapons Station, Earle, New Jersey,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2004, $49,200,000.
(9) For the construction of phase 2 of pier 11 replacement
at Naval Station, Norfolk, Virginia, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2004, $40,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a);
(2) $21,000,000 (the balance of the amount authorized under
section 2201(a) for the replacement of an aircraft parking
apron and hangar at Naval Air Facility El Centro, California);
(3) $70,000,000 (the balance of the amount authorized under
section 2201(a) to acquire land interests for an outlying
landing field in Washington County, North Carolina);
(4) $95,320,000 (the balance of the amount authorized under
section 2201(a) for construction of a limited area production
and storage complex at the Strategic Weapons Facility Pacific,
Bangor, Washington); and
(5) $40,000,000 (the balance of the amount authorized under
section 2201(a) for the construction of a bachelor enlisted
quarters at Naval Station Bremerton, Washington).
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2004 PROJECTS.
The table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1703) is amended--
(1) in the item relating to Various Locations, CONUS, by
striking ``$56,360,000'' in the amount column and inserting
``$61,510,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,341,022,000''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alaska......................... Elmendorf Air Force $54,057,000
Base.
Arizona........................ Davis-Monthan Air Force $10,029,000
Base.
Luke Air Force Base.... $10,000,000
Arkansas....................... Little Rock Air Force $5,031,000
Base.
California..................... Beale Air Force Base... $10,186,000
Edwards Air Force Base. $9,965,000
Travis Air Force Base.. $15,244,000
Colorado....................... Buckley Air Force Base. $12,247,000
Delaware....................... Dover Air Force Base... $9,500,000
Florida........................ Patrick Air Force Base. $8,800,000
Georgia........................ Moody Air Force Base... $9,600,000
Robins Air Force Base.. $15,000,000
Hawaii......................... Hickam Air Force Base.. $34,400,000
Maui Site.............. $7,500,000
Louisiana...................... Barksdale Air Force $13,800,000
Base.
Maryland....................... Andrews Air Force Base. $17,100,000
Mississippi.................... Columbus Air Force Base $7,700,000
Montana........................ Malmstrom Air Force $5,600,000
Base.
Nebraska....................... Offut Air Force Base... $6,721,000
New Mexico..................... Cannon Air Force Base.. $9,500,000
North Carolina................. Pope Air Force Base.... $15,150,000
North Dakota................... Minot Air Force Base... $9,900,000
Ohio........................... Wright-Patterson Air $9,200,000
Force Base.
Oklahoma....................... Altus Air Force Base... $10,500,000
Tinker Air Force Base.. $8,000,000
South Carolina................. Shaw Air Force Base.... $3,300,000
South Dakota................... Ellsworth Air Force $11,800,000
Base.
Tennessee...................... Arnold Air Force Base.. $22,000,000
Texas.......................... Dyess Air Force Base... $11,000,000
Lackland Air Force Base $2,596,000
Sheppard Air Force Base $50,284,000
Utah........................... Hill Air Force Base.... $20,813,000
Wyoming........................ F.E. Warren Air Force $5,500,000
Base.
---------------
Total.................. $452,023,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Base...... $25,404,000
Greenland...................... Thule Air Base......... $19,800,000
Guam........................... Andersen Air Base...... $19,593,000
Italy.......................... Aviano Air Base........ $6,760,000
Korea.......................... Kunsan Air Base........ $37,100,000
Osan Air Base.......... $18,600,000
Portugal....................... Lajes Field, Azores.... $5,689,000
United Kingdom................. Royal Air Force, $5,500,000
Lakenheath.
---------------
Total.............. $138,446,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(3), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the installations and locations, and in the
amounts, set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Worldwide Classified........... Worldwide Unspecified $28,794,000
Classified.
Worldwide Unspecified.......... Worldwide Unspecified.. $26,121,000
---------------
Total.............. $54,915,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2304(6)(A),
the Secretary of the Air Force may construct or acquire family housing
units (including land acquisition and supporting facilities) at the
installations or locations, for the purposes, and in the amounts set
forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................. Davis-Monthan Air Force 250 Units.................. $48,500,000
Base......................
California.............................. Edwards Air Force Base..... 218 Units.................. $41,202,000
Vandenberg Air Force Base.. 120 Units.................. $30,906,000
Florida................................. MacDill Air Force Base..... 61 Units................... $21,723,000
MacDill Air Force Base..... Housing Maintenance $1,250,000
Facility.
Idaho................................... Mountain Home Air Force 147 Units.................. $39,333,000
Base......................
Mississippi............................. Columbus Air Force Base.... Family Housing Management $711,000
Facility..................
Missouri................................ Whiteman Air Force Base.... 160 Units.................. $37,087,000
Montana................................. Malmstrom Air Force Base... 115 Units.................. $29,910,000
North Carolina.......................... Seymour Johnson Air Force 167 Units.................. $32,693,000
Base......................
North Dakota............................ Grand Forks Air Force Base. 90 Units................... $26,169,000
Minot Air Force Base....... 142 Units.................. $37,087,000
South Carolina.......................... Charleston Air Force Base.. Fire Station............... $1,976,000
South Dakota............................ Ellsworth Air Force Base... 75 Units................... $21,482,000
Texas................................... Dyess Air Force Base....... 127 Units.................. $28,664,000
Goodfellow Air Force Base.. 127 Units.................. $20,604,000
Germany................................. Ramstein Air Base.......... 144 Units.................. $57,691,000
Italy................................... Aviano Air Base............ Family Housing Office...... $2,542,000
Korea................................... Osan Air Base.............. 117 Units.................. $46,834,000
United Kingdom.......................... Royal Air Force, Lakenheath 154 Units.................. $43,976,000
-------------
Total.................. $570,340,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(6)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $38,266,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, Unites States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(6)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $238,353,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriation.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2004,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force in the total
amount of $2,485,542,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $452,023,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $138,446,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2301(c), $54,915,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $13,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $124,085,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $846,959,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $856,114,000.
(b) Offset for Certain Military Construction Project.--The amount
authorized to be appropriated by section 421 for military personnel is
hereby reduced by $5,500,000, with the amount of the reduction to be
derived from excess amounts authorized for military personnel of the
Air Force.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Intelligence Agency.... Bolling Air Force Base, $6,000,000
District of Columbia..
Defense Logistics Agency....... Defense Distribution $22,300,000
Depot, New Cumberland,
Pennsylvania..........
Defense Distribution $10,100,000
Depot, Richmond,
Virginia..............
Defense Fuel Support $3,589,000
Point, Naval Air
Station Oceana,
Virginia..............
Marine Corps Air $22,700,000
Station, Cherry Point,
North Carolina........
Naval Air Station, $3,900,000
Kingsville, Texas.....
Naval Station, Pearl $3,500,000
Harbor, Hawaii........
Tinker Air Force Base, $5,400,000
Oklahoma..............
Travis Air Force Base, $15,100,000
California............
Missile Defense Agency......... Huntsville, Alabama.... $19,560,000
National Security Agency....... Fort Meade, Maryland... $15,007,000
Special Operations Command..... Corona, California..... $13,600,000
Fleet Combat Training $5,700,000
Center, Dam Neck,
Virginia..............
Fort A.P. Hill, $1,500,000
Virginia..............
Fort Bragg, North $42,888,000
Carolina..............
Fort Campbell, Kentucky $3,500,000
Fort Stewart/Hunter $17,600,000
Army Air Field,
Georgia...............
Naval Air Station, $1,000,000
North Island,
California............
Naval Amphibious Base, $33,200,000
Little Creek, Virginia
Stennis Center, $6,000,000
Mississippi...........
Tri-Care Management Activity... Buckley Air Force Base, $2,100,000
Colorado..............
Fort Belvoir, Virginia. $100,000,000
Fort Benning, Georgia.. $7,100,000
Jacksonville, Florida.. $28,438,000
Langley Air Force Base, $50,800,000
Virginia..............
Marine Corps Recruit $25,000,000
Depot, Parris Island,
South Carolina........
---------------
Total.............. $465,582,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Agency....... Grafenwoehr, Germany... $36,247,000
Vilseck, Germany....... $9,011,000
Naval Station, Guam.... $26,964,000
Defense Logistics Agency....... Defense Fuel Support $19,113,000
Point, Lajes Field,
Portugal..............
Special Operations Command..... Naval Station, Guam, $2,200,000
Marianas Islands......
Tri-Care Management Activity... Diego Garcia........... $3,800,000
Grafenwoehr, Germany... $13,000,000
---------------
Total.............. $110,335,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(3), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations, and in the
amounts, set forth in the following table:
Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Worldwide Classified........... Worldwide Unspecified $7,400,000
Classified............
Worldwide Unspecified.......... Worldwide Unspecified.. $2,900,000
---------------
Total.............. $10,300,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2404(a)(9)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $49,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(7), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code, in the amount of $60,000,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2004, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments) in
the total amount of $1,062,463,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $408,582,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $110,335,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2401(c), $10,300,000.
(4) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$20,938,000.
(5) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $62,182,000.
(7) For energy conservation projects authorized by section
2404, $60,000,000.
(8) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $246,116,000.
(9) For military family housing functions:
(A) For improvement of military family housing and
facilities, $49,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $49,575,000.
(C) For credit to the Department of Defense Family
Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code, $2,500,000.
(10) For the construction of phase 6 of a munitions
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104-201; 110 Stat. 2775), as amended by section
2406 of the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106-65; 113 Stat. 839) and
section 2407 of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
2698), $44,792,000.
(11) For the construction of phase 5 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act of 2002 (division B of
Public Law 107-107; 115 Stat. 1298) and section 2405 of the
Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2698),
$37,094,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a); and
(2) $57,000,000 (the balance of the amount authorized under
section 2401(a) for the replacement of a hospital at Fort
Belvoir, Virginia).
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2004, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment program authorized by
section 2501, in the amount of $165,800,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 2004, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 1803
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $361,072,000; and
(B) for the Army Reserve, $63,047,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $25,285,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $214,418,000; and
(B) for the Air Force Reserve, $99,206,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2007; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2008.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have been
obligated before the later of--
(1) October 1, 2007; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2008 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2002
PROJECTS.
(a) Extension of Certain Projects.--Notwithstanding section 2701 of
the National Defense Authorization Act for Fiscal Year 2001 (division B
of Public Law 107-107; 115 Stat. 1301), authorizations set forth in the
tables in subsection (b), as provided in section 2101 or 2302 of that
Act, shall remain in effect until October 1, 2005, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2006, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Wainwright.......... Power Plant Cooling Tower.... $23,000,000
Hawaii................................ Pohakuloa Training Area.. Parker Ranch Land Acquisition $1,500,000
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado.............................. Buckley Air Force Base... Construct Family Housing (55 $11,400,000
Units)......................
Louisiana............................. Barksdale Air Force Base. Replace Family Housing (56 $7,300,000
Units)......................
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2001
PROJECT.
(a) Extension.--Notwithstanding section 2701 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-407)),
authorizations set forth in the table in subsection (b), as provided in
section 2102 of that Act and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1716), shall remain in effect until
October 1, 2005, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2006, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina........................ Fort Jackson............. New Construction-Family $250,000
Housing (1 Unit)............
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act shall take
effect on the later of--
(1) October 1, 2004; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECTS.
(a) Increase.--Section 2805(a)(1) of title 10, United States Code,
is amended--
(1) by striking ``$1,500,000'' and inserting
``$2,500,000''; and
(2) by striking ``$3,000,000'' and inserting
``$4,000,000''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2004.
SEC. 2802. MODIFICATION OF APPROVAL AND NOTICE REQUIREMENTS FOR
FACILITY REPAIR PROJECTS.
(a) Increase in Threshold for Approval Requirement.--Subsection (b)
of section 2811 of title 10, United States Code, is amended by striking
``$5,000,000'' and inserting ``$7,500,000''.
(b) Information Required in Cost Estimate for Multi-Year
Projects.--Subsection (d)(1) of such section is amended by inserting
before the semicolon the following: ``, including, in the case of a
multi-year repair project to a single facility, the total cost of all
phases of such project''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2004.
SEC. 2803. ADDITIONAL REPORTING REQUIREMENTS RELATING TO ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) Project Reports.--Paragraph (2) of subsection (a) of section
2884 of title 10, United States Code, is amended to read as follows:
``(2) The report on a proposed contract, conveyance, or lease under
paragraph (1) shall include the following:
``(A) A description of the contract, conveyance, or lease,
including a summary of the terms of the contract, conveyance,
or lease.
``(B) A description of the authorities to be utilized in
entering into the contract, conveyance, or lease and the
intended method of participation of the United States in the
contract, conveyance, or lease (including a justification of
the intended method of participation).
``(C) A statement of the scored cost of the contract,
conveyance, or lease (as determined by the Office of Management
and Budget).
``(D) A statement of the United States funds required for
the contract, conveyance, or lease and a description of the
source of such funds.
``(E) An economic assessment of the life cycle costs of the
contract, conveyance, or lease, including an estimate of the
amount of United States funds that would be paid over the life
of the contract, conveyance, or lease from amounts derived from
payments of government allowances (including basic allowance
for housing under section 403 of title 37) if the housing
affected by the project were fully occupied by military
personnel over the life of the contract, conveyance, or
lease.''.
(b) Annual Reports.--Subsection (b) of such section is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) A report setting forth--
``(A) an estimate of the amounts of basic allowance
for housing under section 403 of title 37 that will be
paid during the fiscal year in which the budget is
submitted to members of the armed forces living in
housing provided under the authorities in this
subchapter during such fiscal year, set forth by armed
force; and
``(B) an estimate of the amounts of basic allowance
for housing that will be paid during the fiscal year
for which the budget is submitted to members of the
armed forces living in such housing during such fiscal
year, set forth by armed force.''.
SEC. 2804. MODIFICATION OF AUTHORITIES UNDER ALTERNATIVE AUTHORITY FOR
ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.
(a) Requirements for Contracts for Leasing of Housing.--Section
2874 of title 10, United States Code, is amended by striking subsection
(b) and inserting the following new subsection (b):
``(b) Contract Terms.--Any contract for the lease of housing units
under subsection (a) shall include the following provisions:
``(1) That the obligation of the United States to make
payments under such contract in any fiscal year shall be
subject to appropriations being available for such fiscal year
and specifically for the project covered by such contract.
``(2) A commitment to obligate the necessary amount for a
fiscal year covered by such contract when and to the extent
that funds are appropriated for the project covered by such
contract.
``(3) That the commitment described in paragraph (2) does
not constitute an obligation of the United States.''.
(b) Investments Subject to Availability of Appropriations.--Section
2875(a) of such title is amended by inserting ``, subject to the
availability of appropriations for such purpose,'' after ``may''.
(c) Repeal of Certain Authorities.--
(1) Rental guarantees.--Section 2876 of such title is
repealed.
(2) Differential lease payments.--Section 2877 of such
title is repealed.
(3) Assignment of members of the armed forces to housing
units.--Section 2882 of such title is repealed.
(d) Increase in Amount of Budget Authority for Military Family
Housing.--Section 2883(g)(1) of such title is amended by striking
``$850,000,000'' and inserting ``$850,000,001''.
(e) Clerical Amendments.--The table of sections at the beginning of
subchapter IV of chapter 169 of such title is amended by striking the
items relating to sections 2876, 2877, and 2882.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. RECODIFICATION AND CONSOLIDATION OF CERTAIN AUTHORITIES AND
LIMITATIONS RELATING TO REAL PROPERTY ADMINISTRATION.
(a) Certain Provisions on Land Acquisition.--
(1) Recodification.--Section 2661 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
``(c) Commissions on Land Purchase Contracts.--The maximum amount
payable as a commission on a contract for the purchase of land from
funds appropriated for the Department of Defense is 2 percent of the
purchase price.
``(d) Availability of Funds for Acquisition of Certain Interests in
Lands.--Appropriations available to the Department of Defense for
operation and maintenance or construction may be used for the
following:
``(1) The acquisition of land or interests in land under
section 2672 of this title.
``(2) The acquisition of interests in land under section
2675 of this title.''.
(2) Stylistic amendments.--Such section is further
amended--
(A) in subsection (a), by inserting ``Availability
of Funds for Repair of Facilities and for Installation
of Equipment.--'' after ``(a)''; and
(B) in subsection (b), by inserting ``Leases;
Defense Access Roads.--'' after ``(b)''.
(b) Certain Provisions on Use of Facilities.--Section 2679 of such
title is amended to read as follows:
``Sec. 2679. Use of facilities: use by private organizations; use as
polling places
``(a) Use of Space and Equipment by Veterans Service
Organizations.--(1) Upon certification to the Secretary concerned by
the Secretary of Veterans Affairs, the Secretary concerned shall allow
accredited, paid, full-time representatives of the organizations named
in section 5902 of title 38, or of other organizations recognized by
the Secretary of Veterans Affairs, to function on military
installations under the jurisdiction of the Secretary concerned that
are on land and from which persons are discharged or released from
active duty.
``(2) The commanding officer of a military installation allowing
representatives to function on the installation under paragraph (1)
shall allow the representatives to use available space and equipment at
the installation.
``(3) The regulations prescribed to carry out section 2679 of title
10, United States Code (as in effect on the day before the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2005), that are in effect on January 1, 1958, shall remain in effect
until changed by joint action of the Secretary concerned and the
Secretary of Veterans Affairs.
``(4) This subsection does not authorize the violation of measures
of military security.
``(b) Licenses to American National Red Cross for Erection and Use
of Buildings.--(1) Under such conditions as the Secretary concerned may
prescribe, such Secretary may issue a revocable license to the American
National Red Cross to--
``(A) erect and maintain, on any military installation
under the jurisdiction of such Secretary, buildings for the
storage of supplies; or
``(B) use, for the storage of supplies, buildings erected
by the United States.
``(2) Supplies stored in buildings erected or used under this
subsection are available to aid the civilian population in a serious
national disaster.
``(c) Use of Certain Facilities as Polling Places.--(1)
Notwithstanding chapter 29 of title 18 (including sections 592 and 593
of such title) or any other provision of law, the Secretary of Defense
or Secretary of a military department may not (except as provided in
paragraph (3)) prohibit the designation or use of a qualifying facility
under the jurisdiction of such Secretary as an official polling place
for Federal, State, or local elections.
``(2) A Department of Defense facility is a qualifying facility for
purposes of this subsection if as of December 31, 2000--
``(A) the facility is designated as an official polling
place by a State or local election official; or
``(B) the facility has been used as such an official
polling place since January 1, 1996.
``(3) The limitation in paragraph (1) may be waived by the
Secretary of Defense or the Secretary of a military department with
respect to a particular Department of Defense facility if such
Secretary determines that local security conditions require prohibition
of the designation or use of that facility as an official polling place
for any election.''.
(c) Repeal of Superseded Provisions.--Sections 2666, 2670, and 2673
of such title are repealed.
(d) Clerical Amendments.--The table of sections for chapter 159 of
such title is amended--
(1) by striking the items relating to sections 2666, 2670,
and 2673; and
(2) by striking the item relating to section 2679 and
inserting the following new item:
``Sec. 2679. Use of facilities: use by private organizations; use as
polling places.''.
SEC. 2812. MODIFICATION AND ENHANCEMENT OF AUTHORITIES ON FACILITIES
FOR RESERVE COMPONENTS.
(a) Interests in Land.--
(1) Definition of term.--Section 18232 of title 10, United
States Code, is amended--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (1) the following
new paragraphs:
``(2) The term `facility' includes any armory, readiness
center, building, structure, or other improvement of real
property needed for the administration and training of any unit
of the reserve components of the armed forces.
``(3) The term `interest in land' includes a fee title,
lease, easement, license, permit, or agreement on use of a
parcel of real property needed for the administration and
training of any unit of the reserve components of the armed
forces.''.
(2) Utilization of term.--(A) Section 18231(1) of such
title is amended by inserting before the semicolon the
following: ``, and the acquisition of interests in land for
such purposes''.
(B) Section 18233 of such title is amended--
(i) in subsection (a), by inserting ``or interests
in land'' after ``facilities'' each place it appears;
and
(ii) in subsection (f)(2), by striking ``real
property'' and inserting ``interests in land''.
(C) Section 18233a(a)(1) of such title is amended by
inserting ``or interest in land'' after ``facility''.
(b) Modification and Enhancement of Acquisition Authority.--Section
18233 of such title is further amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``and to'' and inserting ``chapters 159 and
169 of this title, and''; and
(B) in paragraph (1), by striking ``transfer,'' and
inserting ``transfer from a military department,
another department or agency of the Federal Government,
or a State agency,''; and
(2) in subsection (f)(2), by striking ``exchange of
Government-owned land, or otherwise'' and inserting ``or
exchange of Government-owned land''.
(c) Authority To Carry Out Small Projects.--
(1) Modification of limitation on authority.--Section
18233a(a) of such title is further amended--
(A) in paragraph (1), by striking ``$1,500,000''
and inserting ``$750,000''; and
(B) in paragraph (2), by adding at the end the
following new subparagraph:
``(D) A repair project (as that term is defined in section
2811(e) of this title) costing less than $10,000,000.''.
(2) Recodification of authority to carry out with operation
and maintenance funds.--Chapter 1803 of title 10, United States
Code, is amended by inserting after section 18233a the
following new section:
``Sec. 18233b. Authority to carry out small projects with operation and
maintenance funds
``Under such regulations as the Secretary of Defense may prescribe,
the Secretary may spend, from appropriations available for operation
and maintenance, amounts necessary to carry out any project authorized
under section 18233(a) of this title costing not more than--
``(1) the amount specified in section 2805(c)(1)(A) of this
title, in the case of a project intended solely to correct a
deficiency that is life-threatening, health-threatening, or
safety-threatening; or
``(2) the amount specified in section 2805(c)(1)(B) of this
title, in the case of any other project.''.
(3) Repeal of superseded authority.--Section 18233a of such
title is amended by striking subsection (b).
(4) Conforming amendments.--Section 18233a of such title is
further amended--
(A) by striking ``(1) Except as provided in
paragraph (2)'' and inserting ``Except as provided in
subsection (b)''; and
(B) by redesignating paragraph (2) as subsection
(b) and in that subsection, as so redesignated--
(i) by striking ``Paragraph (1)'' and
inserting ``Subsection (a)'';
(ii) by redesignating subparagraphs (A),
(B), (C), and (D) as paragraphs (1), (2), (3),
and (4), respectively; and
(iii) in paragraph (2), as so
redesignated--
(I) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively; and
(II) in subparagraph (B), as so
redesignated, by striking ``(I) 25
percent, or (II)'' and inserting ``(i)
25 percent, or (ii)''.
(5) Clerical amendments.--(A) The heading of section 18233a
of such title is amended to read as follows:
``Sec. 18233a. Limitation on certain projects''.
(B) The table of sections at the beginning of chapter 1803
of such title is amended by striking the item relating to
section 18233a and inserting the following new items:
``18233a. Limitation on certain projects.
``18233b. Authority to carry out small projects with operation and
maintenance funds.''.
SEC. 2813. AUTHORITY TO EXCHANGE OR SELL RESERVE COMPONENT FACILITIES
AND LANDS TO OBTAIN NEW RESERVE COMPONENT FACILITIES AND
LANDS.
(a) In General.--The Secretary of Defense may authorize each
Secretary of a military department to carry out projects to assess the
feasibility and advisability of obtaining new facilities and lands for
the reserve components of such department through the exchange or sale
of existing facilities or lands of such reserve components.
(b) Transactions Authorized.--Pursuant to the authority under
subsection (a), the Secretary of a military department may carry out
any transaction as follows:
(1) An exchange of an existing facility or existing
interest in land of a reserve component of such department for
a new facility, an interest in land, or an addition to an
existing facility for the reserve component.
(2) A sale of an existing facility or existing interest in
land of a reserve component of such department with the
proceeds of sale used to acquire a new facility, an interest in
land, or an addition to an existing facility for the reserve
component.
(3) A combination of an exchange and sale of an existing
facility, interest in land, or both of a reserve component of
such department with the use of the exchange allowance and
proceeds of sale to acquire a facility, an interest in land, or
an addition to an existing facility for the reserve component.
(c) Facilities and Lands Subject to Transaction.--A facility or
interest in land of a reserve component that may be exchanged or sold
pursuant to the authority under subsection (a) is any facility or
interest in land under the control of the military department concerned
that is not excess property, as that term is defined in section 102(3)
of title 40, United States Code.
(d) Fair Market Value To Be Obtained in Transaction.--In any
exchange or sale of an existing facility pursuant to the authority
under subsection (a), the United States shall receive cash, a
replacement facility or addition to an existing facility, an interest
in land, or a combination thereof of in an amount not less than the
fair market value of the existing facility, as determined by the
Secretary of the military department concerned.
(e) Requirements for Replacement Facilities.--(1) A facility
obtained as a replacement facility for an existing facility, or as an
addition to an existing facility, pursuant to the authority under
subsection (a) shall, as determined by the Secretary of the military
department concerned--
(A) be complete and usable, fully functional, and ready for
occupancy, and satisfy fully all operational requirements of
the existing facility; and
(B) meet all applicable Federal, State, and local
requirements relating to health, safety, fire, and the
environment.
(2) A facility obtained as a replacement facility for an existing
facility, or as an addition to an existing facility, pursuant to the
authority under subsection (a) shall meet the requirements specified in
subparagraphs (A) and (B) of paragraph (1) before the conclusion of the
exchange or sale of the existing facility concerned.
(f) Agreement Required.--The Secretary of a military department
shall carry out each transaction pursuant to the authority under
subsection (a) through an agreement for that purpose entered into by
such Secretary and the person or entity carrying out the transaction.
(g) Selection Among Competing Participants.--(1) If more than one
person or entity notifies the Secretary of a military department of an
interest in carrying out a transaction pursuant to the authority under
subsection (a), the Secretary shall, except as provided in paragraph
(2), select the person or entity to carry out the transaction through
the use of competitive procedures.
(2) The Secretary of a military department may use procedures other
than competitive procedures to select among persons and entities to
carry out a transaction pursuant to the authority under subsection (a),
but only in accordance with subsections (c) through (f) of section 2304
of title 10, United States Code.
(h) Notice and Wait Requirement.--(1) The Secretary of a military
department may not enter into an agreement pursuant to the authority
under subsection (a) until 30 days after the date on which such
Secretary submits to the congressional defense committees a report on
the agreement.
(2) A report on an agreement under paragraph (1) shall include the
following:
(A) A description of terms of the agreement, including a
description of any funds to be received by the United States
under the agreement and the proposed use of such funds.
(B) A description of the existing facility, interest in
land, or both of a reserve component covered by the agreement,
including the fair market value of such facility, interest in
land, or both and the method of determination of such fair
market value.
(C) Data on the facility or addition to an existing
facility, if any, to be received by the United States under the
agreement, which data shall meet requirements for data to be
provided Congress for military construction projects to obtain
a similar facility or addition to an existing facility.
(D) A certification that the existing facility, interest in
land, or both of a reserve component covered by the agreement
is not required by another military department.
(3) Section 2662 of title 10, United States Code, shall not apply
to any transaction carried out pursuant to the authority under
subsection (a).
(i) Treatment of Funds Received in Transactions.--(1) The Secretary
of a military department shall deposit in a special account in the
Treasury established for such purpose pursuant to section 572(b) of
title 40, United States Code, any amounts received pursuant to an
agreement entered into by such Secretary pursuant to the authority
under subsection (a).
(2) Amounts deposited by the Secretary of a military department
under paragraph (1) in the account established by such Secretary under
that paragraph with respect to an agreement shall be available to such
Secretary, without further appropriation, as follows:
(A) For the construction or acquisition of facilities, or
of additions to existing facilities, for the reserve component
concerned at the location to which such agreement applies.
(B) To the extent that such amounts are not required for
purposes of subparagraph (A), for maintenance, protection,
alteration, repair, improvement, or restoration (including
environmental restoration) of facilities or property of the
reserve component concerned at the location to which such
agreement applies.
(3) Amounts available under paragraph (2) shall remain available
until expended.
(j) Sole Authority for Exchanges of Facilities and Lands.--Except
as otherwise specifically authorized by law, during the period of the
authority under subsection (a), the authority under that subsection to
exchange facilities or interests in land of the reserve components to
obtain facilities, interests in land, or additions to facilities for
the reserve components is the sole authority available in law for that
purpose.
(k) Construction With Other Military Construction Laws.--
Transactions pursuant to the authority under subsection (a) shall not
be treated as military construction projects requiring an authorization
in law as otherwise required by section 2802 of title 10, United States
Code.
(l) Report.--Not later than March 1, 2007, the Secretary of Defense
shall submit to the congressional defense committees a report on the
exercise of the authority under subsection (a). The report shall
include the following:
(1) A description of the projects carried out under the
authority.
(2) A description of the analysis and criteria used to
identify existing facilities and interests in land to be
exchanged or sold under the authority.
(3) An assessment of the utility to the Department of
Defense of the authority, including recommendations for
modifications of such authority in order to enhance the utility
of such authority for the Department.
(4) An assessment of interest in future exchanges or sales
in the event the authority is extended.
(5) An assessment of the advisability of making the
authority, including any modifications of the authority
recommended under paragraph (3), permanent.
(m) Definitions.--In this section:
(1) The term ``facility'' includes an armory, readiness
center, or other structure, and storage or other facilities,
normally needed for the administration and training of a unit
of a reserve component.
(2) The terms ``armory'' and ``readiness center'' have the
meanings given such terms in section 18232(3) of title 10,
United States Code.
(n) Expiration Date.--No transaction may be commenced pursuant to
the authority under subsection (a) after September 30, 2006.
SEC. 2814. REPEAL OF AUTHORITY OF SECRETARY OF DEFENSE TO RECOMMEND
THAT INSTALLATIONS BE PLACED IN INACTIVE STATUS DURING
2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.
Section 2914 of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
is amended by striking subsection (c).
Subtitle C--Land Conveyances
SEC. 2821. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE SUPPLY
CENTER, COLUMBUS, OHIO.
(a) Transfer Authorized.--The Secretary of the Army may transfer,
without reimbursement, to the Secretary of Veterans Affairs
administrative jurisdiction of a parcel of real property consisting of
approximately 20 acres and comprising a portion of the Defense Supply
Center in Columbus, Ohio.
(b) Use of Property.--The Secretary of Veterans Affairs may only
use the property transferred under subsection (a) as the site for the
construction of a new outpatient clinic for the provision of medical
services to veterans.
(c) Costs.--Any administrative costs in connection with the
transfer of property under subsection (a), including the costs of the
survey required by subsection (e), shall be borne by the Secretary of
Veterans Affairs.
(d) Return of Jurisdiction to Army.--If at any time the Secretary
of the Army determines that the property transferred under subsection
(a) is not being utilized for the outpatient clinic described in
subsection (b), then, at the election of the Secretary of the Army, the
Secretary of Veterans Affairs shall return to the Secretary of the Army
administrative jurisdiction of the property.
(e) Exemption From Federal Screening.--The conveyance under
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to section 2693 of title 10, United
States Code.
(f) Description of Property.--The exact acreage and legal
description of the real property to be transferred under subsection (a)
shall be determined by a survey satisfactory to the Secretary of the
Army.
(g) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
transfer under subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2822. LAND CONVEYANCE, BROWNING ARMY RESERVE CENTER, UTAH.
(a) Conveyance Authorized.--(1) The Secretary of the Army may
convey, without consideration, to the State of Utah (in this section
referred to as the ``State'') all right, title, and interest of the
United States in and to a parcel of unimproved real property consisting
of approximately 10 acres and located at the Browning Army Reserve
Center, Utah.
(2) The purpose of the conveyance is to permit the Department of
Veterans Affairs of the State of Utah to construct and operate a
facility for the provision of nursing care for veterans.
(b) Payment of Costs of Conveyance.--(1) The Secretary may require
the State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts paid to the Secretary in advance
exceed the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the State.
(2) Amounts received under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by the
Secretary. Amounts so credited shall be merged with amounts in such
fund or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such fund
or account.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2823. LAND EXCHANGE, ARLINGTON COUNTY, VIRGINIA.
(a) Exchange Authorized.--(1) The Secretary of Defense may convey
to Arlington County, Virginia (in this section referred to as the
``County''), all right, title, and interest of the United States in and
to a parcel of real property, together with any improvements thereon,
consisting of not more than 4.5 acres and located along the western
boundary of the Navy Annex property, Virginia, for the purpose of the
construction of a freedmen heritage museum and an Arlington history
museum.
(2) The size of the parcel of real property conveyed under
paragraph (1) shall be such that the acreage of the parcel shall be
equivalent to the acreage of the parcel of real property conveyed under
subsection (b). The Secretary shall determine the acreage of the
parcels, and such determination shall be final.
(b) Consideration.--As consideration for the conveyance of property
under subsection (a), the County shall convey to the United States all
right, title, and interest of the County in and to a parcel of real
property, together with any improvements thereon, consisting of not
more than 4.5 acres and known as the Southgate Road right-of-way
between Arlington National Cemetery, Virginia, and the Navy Annex
property.
(c) Description of Property.--The exact acreage and legal
description of the parcels of real property to be conveyed under this
section shall be determined by surveys satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--(1) The Secretary may require
the County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyances under subsections (a) and (b), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyances. If amounts are
collected from the County in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the County.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyances. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(e) Reversionary Interest.--(1) If at any time the Secretary
determines that the property conveyed to the County under subsection
(a) is not being used for the purposes stated in that subsection, then,
at the option of the Secretary, all right, title, and interest in and
to the property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry onto the property.
(2) If the Secretary exercises the reversionary interest provided
for in paragraph (1), the Secretary shall pay the County, from amounts
available to the Secretary for military construction for the Defense
Agencies, an amount equal to the fair market value of the property
covered by the reversionary interest, as determined by the Secretary.
(f) Exemption From Federal Screening.--The conveyance under
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to sections 2693 and 2696 of title 10,
United States Code.
(g) Inclusion of Southgate Road Right-of-Way Property in Transfer
of Navy Annex Property for Arlington National Cemetery.--Subsection (a)
of section 2881 of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 879) is
amended by striking ``three parcels of real property consisting of
approximately 36 acres'' and inserting ``four parcels of real property
consisting of approximately 40 acres''.
(h) Termination of Reservation of Certain Navy Annex Property for
Memorials or Museums.--Subsection (b) of such section, as amended by
section 2863(f) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1332) and
section 2851(a)(1) of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2726), is
further amended--
(1) by striking ``(1) Subject to paragraph (2), the
Secretary'' and inserting ``The Secretary''; and
(2) by striking paragraph (2).
(i) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2824. LAND CONVEYANCE, HAMPTON, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Hampton City School Board, Hampton,
Virginia (in this section referred to as the ``Board''), all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon, that consists of
approximately 29.8 acres, is located on Downey Farm Road in Hampton,
Virginia, and is known as the Butler Farm United States Army Reserve
Center in order to permit the Board to utilize the property for public
education purposes.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Board accept the real
property described in subsection (a) in its condition at the time of
the conveyance, commonly known as conveyance ``as is''.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the Board to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the Board in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess amount to the
Board.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Exemption From Federal Screening.--The conveyance authorized by
subsection (a) is exempt from the requirement to screen the property
for other Federal use pursuant to section 2693 and 2696 of title 10,
United States Code.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2825. LAND CONVEYANCE, SEATTLE, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Washington (in this section
referred to as the ``State'') all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 9.747 acres in
Seattle, Washington, and comprising a portion of the National Guard
Facility, Pier 91, for the purpose of permitting the State to convey
the facility unencumbered for economic development purposes.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the State accept the real
property in its condition at the time of the conveyance, commonly known
as conveyance ``as is''.
(c) Administrative Expenses.--(1) The State shall reimburse the
Secretary for the administrative expenses incurred by the Secretary in
carrying out the conveyance under subsection (a), including expenses
related to surveys and legal descriptions, boundary monumentation,
environmental surveys, necessary documentation, travel, and deed
preparation.
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amounts received by the Secretary as reimbursement under this
subsection.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary. The cost of
the survey shall be borne by the United States, subject to the
requirement for reimbursement under subsection (c).
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL COMPLEX,
DISTRICT OF COLUMBIA.
(a) Transfer Required.--The Secretary of the Navy shall transfer to
the administrative jurisdiction of the Administrator of General
Services the parcel of Department of the Navy real property in the
District of Columbia known as the Nebraska Avenue Complex for the
purpose of permitting the Administrator to use the Complex to
accommodate the Department of Homeland Security. The Complex shall be
transferred in its existing condition.
(b) Authority To Retain Military Family Housing.--The Secretary of
the Navy may retain administrative jurisdiction over the portion of the
Complex that the Secretary considers to be necessary for continued use
as Navy family housing.
(c) Time for Transfer.--The transfer of administrative jurisdiction
over the Complex to the Administrator under subsection (c) shall be
completed not later than January 1, 2005.
(d) Relocation of Navy Activities.--As part of the transfer of the
Complex under this section, the Secretary of the Navy shall relocate
Department of the Navy activities at the Complex to other locations.
(e) Payment of Relocation Costs.--Subject to the availability of
appropriations for this purpose, the Secretary of Homeland Security
shall be responsible for the payment of--
(1) all reasonable costs, including costs to move
furnishings and equipment, related to the relocation of
Department of the Navy activities from the Complex under
subsection (d);
(2) all reasonable costs, including rent, incident to the
occupancy by such activities of interim leased space; and
(3) all reasonable costs incident to the acquisition of
permanent facilities for Department of the Navy activities
relocated from the Complex.
(f) Submission of Cost Estimates.--As soon as practicable after the
date of the enactment of this Act, but not later than January 1, 2005,
the Secretary of the Navy shall submit to the congressional defense
committees an initial estimate of the amounts that will be necessary to
cover the costs to permanently relocate Department of the Navy
activities from the Complex. The Secretary shall include in the
estimate anticipated land acquisition and facility construction costs.
The Secretary shall revise the estimate as necessary whenever
information regarding the actual costs for the relocation is obtained.
(g) Certification of Relocation Costs.--At the end of the three-
year period beginning on the date of the transfer of the Complex under
subsection (a), the Secretary of the Navy shall submit to Congress
written notice--
(1) specifying the total amount expended under subsection
(e) to cover the costs of relocating Department of the Navy
activities from the Complex;
(2) specifying the total amount expended to acquire
permanent facilities for Department of the Navy activities
relocated from the Complex; and
(3) certifying whether the amounts paid are sufficient to
complete all relocation actions.
SEC. 2827. LAND CONVEYANCE, HONOLULU, HAWAII.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration but subject to the conditions specified in
subsection (b), to the City and County of Honolulu, Hawaii, all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of approximately
5.16 acres located at 890 Valkenberg Avenue, Honolulu, Hawaii, and
currently used by the City and County of Honolulu as the site of a fire
station and firefighting training facility. The purpose of the
conveyance is to enhance the capability of the City and County of
Honolulu to provide fire protection and firefighting services to the
civilian and military properties in the area and to provide a location
for firefighting training for civilian and military personnel.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to the following conditions:
(1) That the City and County of Honolulu accept the real
property in its condition at the time of the conveyance,
commonly known as conveyance ``as is''.
(2) That the City and County of Honolulu make the
firefighting training facility available to the fire protection
and firefighting units of the military departments for training
not less than 2 days per week on terms satisfactory to the
Secretary.
(c) Payment of Costs of Conveyance.--(1) The Secretary shall
require the City and County of Honolulu to cover costs to be incurred
by the Secretary, or to reimburse the Secretary for costs incurred by
the Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental documentation,
and other administrative costs related to the conveyance. If amounts
are collected from the City and County of Honolulu in advance of the
Secretary incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount, without
interest, to the City and County of Honolulu.
(2) Amounts received under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited shall be
merged with amounts in such fund or account, and shall be available for
the same purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2828. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the City of Portsmouth, Virginia (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 0.49 acres located at
517 King Street, Portsmouth, Virginia, and known as the ``Navy YMCA
Building'', for economic revitalization purposes.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to the following conditions:
(1) That the City accept the real property described in
subsection (a) in its condition at the time of the conveyance,
commonly known as conveyance ``as is''.
(2) That the City bear all costs related to the
environmental remediation, use, and redevelopment of the real
property.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the City to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts paid to the Secretary in advance
exceed the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the City.
(2) Amounts received under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by the
Secretary. Amounts so credited shall be merged with amounts in such
fund or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such fund
or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2829. LAND CONVEYANCE, FORMER GRIFFISS AIR FORCE BASE, NEW YORK.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey to the Oneida County Industrial Development Agency, New York,
the local reuse authority for the former Griffiss Air Force Base (in
this section referred to as the ``Authority''), all right, title and
interest of the United States in and to a parcel of real property
consisting of 9.639 acres and including four buildings described in
paragraph (2) that were vacated by the Air Force in conjunction with
its relocation to the Consolidated Intelligence and Reconnaissance
Laboratory at Air Force Research Laboratory--Rome Research Site, Rome,
New York.
(2) The buildings described in this paragraph are the buildings
located on the real property referred in paragraph (1) as follows:
(A) Building 240 (117,323 square feet).
(B) Building 247 (13,199 square feet).
(C) Building 248 (4,000 square feet).
(D) Building 302 (20,577 square feet).
(3) The purpose of the conveyance under this subsection is to
permit the Authority to develop the parcel and structures conveyed for
economic purposes in a manner consistent with the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note).
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Authority accept the real
property in its condition at the time of the conveyance, commonly known
as conveyance ``as is''.
(c) Consideration.--As consideration for the conveyance of property
under subsection (a), the Authority shall pay the United States an
amount equal to the fair market of value, as determined by the
Secretary.
(d) Treatment of Proceeds.--Any consideration received under
subsection (c) shall be deposited in the Department of Defense Base
Closure Account 1990 established by section 2906 of the Defense Base
Closure and Realignment Act of 1990, and shall be available for use in
accordance with subsection (b) of such section.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Authority.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2830. LAND EXCHANGE, MAXWELL AIR FORCE BASE, ALABAMA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to the City of Montgomery, Alabama (in this section referred to
as the ``City''), all right, title, and interest of the United States
in and to a parcel of real property, including any improvements
thereon, consisting of approximately 28 acres and including all of the
Maxwell Heights Housing site and located at Maxwell Air Force Base,
Alabama.
(b) Consideration.--(1) As consideration for the conveyance of
property under subsection (a), the City shall convey to the United
States all right, title, and interest of the City to a parcel of real
property, including any improvements thereon, consisting of
approximately 35 acres and designated as project AL 6-4, that is owned
by the City and is contiguous to Maxwell Air Force Base, for the
purpose of allowing the Secretary to incorporate such property into a
project for the acquisition or improvement of military housing under
subchapter IV of chapter 169 of title 10, United States Code. The
Secretary shall have administrative jurisdiction over the real property
received under this subsection.
(2) If the fair market value of the real property received under
paragraph (1) is less than the fair market value of the real property
conveyed under subsection (a) (as determined pursuant to an appraisal
acceptable to the Secretary), the Secretary may require the City to
provide, pursuant to negotiations between the Secretary and the City,
in-kind consideration the value of which when added to the fair market
value of the property conveyed under subsection (b) equals the fair
market value of the property conveyed under subsection (a).
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the City to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyances under subsections (a) and (b), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyances. If amounts are
collected from the City in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the City.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyances. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsections (a) and
(b) shall be determined by surveys satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under subsections (a) and (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2831. LAND EXCHANGE, NAVAL AIR STATION, PATUXENT RIVER, MARYLAND.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the State of Maryland (in this section referred to as ``State''), all
right, title, and interest of the United States in and to a parcel of
real property, including improvements thereon, consisting of
approximately five acres at Naval Air Station, Patuxent River,
Maryland, and containing the Point Lookout Lighthouse, other structures
related to the lighthouse, and an archaeological site pertaining to the
military hospital that was located on the property during the Civil
War. The conveyance shall include artifacts pertaining to the military
hospital recovered by the Navy and held at the installation.
(b) Property Received in Exchange.--As consideration for the
conveyance of the real property under subsection (a), the State shall
convey to the United States a parcel of real property consisting of
approximately five acres located in Point Lookout State Park, St.
Mary's County, Maryland.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, relocation expenses incurred
under subsection (b), and other administrative costs related to the
conveyance. If amounts are collected from the State in advance of the
Secretary incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to State.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the properties to be conveyed under this section shall
be determined by surveys satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2832. LAND CONVEYANCE, MARCH AIR FORCE BASE, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to the March Joint Powers Authority (in this section referred to
as the ``MJPA'') all right, title, and interest of the United States in
and to a parcel of real property, including any improvements thereon,
consisting of approximately 15 acres located in Riverside County,
California, and containing the former Defense Reutilization and
Marketing Office facility for March Air Force Base, which is also known
as Parcel A-6, for the purpose of economic development and
revitalization.
(b) Consideration.--(1) As consideration for the conveyance of
property under subsection (a), the MJPA shall pay the United States an
amount equal to the fair market value, as determined by the Secretary,
of the property to be conveyed under such subsection.
(2) The consideration received under this subsection shall be
deposited in the special account in the Treasury established under
section 572(b) of title 40, United States Code, and available in
accordance with the provisions of paragraph (5)(B)(ii).
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the MJPA.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2833. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION PLANT, KANSAS.
(a) Conveyance Authorized.--The Secretary of the Army, in
consultation with the Administrator of General Services, may convey to
an entity selected by the Board of Commissioners of Johnson County,
Kansas (in this section referred to as the ``entity'' and the
``Board'', respectively), all right, title, and interest of the United
States in and to a parcel of real property, including any improvements
thereon, consisting of approximately 9,065 acres and containing the
Sunflower Army Ammunition Plant. The purpose of the conveyance is to
facilitate the re-use of the property for economic development and
revitalization.
(b) Consideration.--(1) As consideration for the conveyance under
subsection (a), the entity shall provide the United States, whether by
cash payment, in-kind contribution, or a combination thereof, an amount
that is not less than the fair market value, as determined by an
appraisal of the property acceptable to the Administrator and the
Secretary. The Secretary may authorize the entity to carry out, as in-
kind consideration, environmental remediation activities for the
property conveyed under such subsection.
(2) The Secretary shall deposit any cash received as consideration
under this subsection in a special account established pursuant to
section 572(b) of title 40, United States Code, to pay for
environmental remediation and explosives cleanup of the property
conveyed under subsection (a).
(c) Construction With Previous Land Conveyance Authority on
Sunflower Army Ammunition Plant.--The authority in subsection (a) to
make the conveyance described in that subsection is in addition to the
authority under section 2823 of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
2712) to make the conveyance described in that section.
(d) Environmental Remediation and Explosives Cleanup.--(1)
Notwithstanding any other provision of law, the Secretary may enter
into a multi-year cooperative agreement or contract with the entity to
undertake environmental remediation and explosives cleanup of the
property, and may utilize amounts authorized to be appropriated for the
Secretary for purposes of environmental remediation and explosives
cleanup under the agreement.
(2) The terms of the cooperative agreement or contract may provide
for advance payments on an annual basis or for payments on a
performance basis. Payments may be made over a period of time agreed to
by the Secretary and the entity or for such time as may be necessary to
perform the environmental remediation and explosives cleanup of the
property, including any long-term operation and maintenance
requirements.
(e) Payment of Costs of Conveyance.--(1) The Secretary may require
the entity or other persons to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental, and other administrative
costs related to the conveyance.
(2) Amounts received under paragraph (1) shall be credited to the
appropriation, fund, or account from which the costs were paid. Amounts
so credited shall be merged with funds in such appropriation, fund, or
account, and shall be available for the same purposes, and subject to
the same limitations, as the funds with which merged.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey jointly satisfactory to the Secretary
and the Administrator.
(g) Additional Terms and Conditions.--The Secretary and the
Administrator may require such additional terms and conditions in
connection with the conveyance of real property under subsection (a),
and the environmental remediation and explosives cleanup under
subsection (d), as the Secretary and the Administrator jointly consider
appropriate to protect the interests of the United States.
SEC. 2834. LAND CONVEYANCE, NAVAL WEAPONS STATION, CHARLESTON, SOUTH
CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the Berkeley County Sanitation Authority, South Carolina (in this
section referred to as the ``Authority''), all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of not more than 38
acres and comprising a portion of the Naval Weapons Station,
Charleston, South Carolina, for the purpose of allowing the Authority
to expand an existing sewage treatment plant.
(b) Consideration.--As consideration for the conveyance of property
under subsection (a), the Authority shall provide the United States,
whether by cash payment, in-kind services, or a combination thereof, an
amount that is not less than the fair market value, as determined by an
appraisal acceptable to the Secretary, of the property conveyed under
such subsection.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the Authority to cover costs incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including appraisal costs, survey
costs, costs related to compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and environmental
remediation, and other administrative costs related to the conveyance.
If the amounts are collected from the Authority in advance of the
Secretary incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the
Authority.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be made available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary. The cost of
the survey shall be borne by the Authority.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2835. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT, DOYLINE,
LOUISIANA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the State of Louisiana (in this section referred to as the ``State'')
all right, title, and interest of the United States in and to a parcel
of real property, including any improvements thereon, consisting of
approximately 14,949 acres located at the Louisiana Army Ammunition
Plant, Doyline, Louisiana.
(b) Consideration.--As consideration for the conveyance of property
under subsection (a), the State shall--
(1) maintain at least 13,500 acres of such property for the
purpose of military training, unless the Secretary determines
that fewer acres are required for such purpose;
(2) ensure that any other uses that are made of the
property conveyed under subsection (a) do not adversely impact
military training;
(3) accommodate the use of such property, at no cost or
fee, for meeting the present and future training needs of Armed
Forces units, including units of the Louisiana National Guard
and the other active and reserve components of the Armed
Forces;
(4) assume, starting on the date that is five years after
the date of the conveyance of such property, responsibility for
any monitoring, sampling, or reporting requirements that are
associated with the environmental restoration activities of the
Army on the Louisiana Army Ammunition Plant, and shall bear
such responsibility until such time as such monitoring,
sampling, or reporting is no longer required; and
(5) assume the rights and responsibilities of the Army
under the armaments retooling manufacturing support agreement
between the Army and the facility use contractor with respect
to the Louisiana Army Ammunition Plant in accordance with the
terms of such agreement in effect at the time of the
conveyance.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the State in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess amount to
State.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by surveys satisfactory to the Secretary. The cost
of each survey shall be borne by the State.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2836. MODIFICATION OF AUTHORITY FOR LAND CONVEYANCE, EQUIPMENT AND
STORAGE YARD, CHARLESTON, SOUTH CAROLINA.
Section 563(h) of the Water Resources Development Act of 1999
(Public Law 106-53; 113 Stat. 360) is amended to read as follows:
``(h) Charleston, South Carolina.--
``(1) In general.--The Secretary may convey to the City of
Charleston, South Carolina (in this section referred to as the
`City'), all right, title, and interest of the United States in
and to a parcel of real property of the Corps of Engineers,
together with any improvements thereon, that is known as the
Equipment and Storage Yard and consists of approximately 1.06
acres located on Meeting Street in Charleston, South Carolina,
in as-is condition.
``(2) Consideration.--As consideration for the conveyance
of property under paragraph (1), the City shall provide the
United States, whether by cash payment, in-kind contribution,
or a combination thereof, an amount that is not less than the
fair market value of the property conveyed, as determined by
the Secretary.
``(3) Use of proceeds.--Amounts received as consideration
under this subsection may be used by the Corps of Engineers,
Charleston District, as follows:
``(A) Any amounts received as consideration may be
used to carry out activities under this Act,
notwithstanding any requirements associated with the
Plant Replacement and Improvement Program (PRIP),
including--
``(i) leasing, purchasing, or constructing
an office facility within the boundaries of
Charleston, Berkeley, and Dorchester Counties,
South Carolina; and
``(ii) satisfying any PRIP balances.
``(B) Any amounts received as consideration that
are in excess of the fair market value of the property
conveyed under paragraph (1) may be used for any
authorized activities of the Corps of Engineers,
Charleston District.
``(4) Description of property.--The exact acreage and legal
description of the real property to be conveyed under paragraph
(1) and any property transferred to the United States as
consideration under paragraph (2) shall be determined by
surveys satisfactory to the Secretary.
``(5) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under paragraph (1) as the Secretary considers
appropriate to protect the interests of the United States.''.
Subtitle D--Other Matters
SEC. 2841. DEPARTMENT OF DEFENSE FOLLOW-ON LABORATORY REVITALIZATION
DEMONSTRATION PROGRAM.
(a) Follow-On Program Authorized.--(1) The Secretary of Defense may
carry out a program (to be known as the ``Department of Defense Follow-
On Laboratory Revitalization Demonstration Program'') for the
revitalization of Department of Defense laboratories. Under the
program, the Secretary may carry out minor military construction
projects in accordance with subsection (b) and other applicable law to
improve laboratories covered by the program.
(2) The program under this section is the successor program to the
Department of Defense Laboratory Revitalization Demonstration Program
carried out under section 2892 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public Law 104-
106; 10 U.S.C. 2805 note).
(b) Increased Maximum Amounts Applicable to Minor Construction
Projects.--For purpose of any military construction project carried out
under the program--
(1) the amount provided in the second sentence of
subsection (a)(1) of section 2805 of title 10, United States
Code, shall be deemed to be $3,000,000;
(2) the amount provided in subsection (b)(1) of such
section shall be deemed to be $1,500,000; and
(3) the amount provided in subsection (c)(1)(B) of such
section shall be deemed to be $1,000,000.
(c) Program Requirements.--(1) Not later than 30 days before
commencing the program, the Secretary shall--
(A) designate the Department laboratories at which
construction may be carried out under the program; and
(B) establish procedures for the review and approval of
requests from Department laboratories to carry out such
construction.
(2) The laboratories designated under paragraph (1)(A) may not
include Department laboratories that are contractor owned.
(3) The Secretary shall notify Congress of the Department
laboratories designated under paragraph (1)(A).
(d) Report.--Not later than September 30, 2005, the Secretary shall
submit to the congressional defense committees a report on the program
under this section. The report shall include--
(1) a list and description of the construction projects
carried out under the program, and of any projects carried out
under the program referred to in subsection (a) during the
period beginning on October 1, 2003, and ending on the date of
the enactment of this Act, including the location and costs of
each such project; and
(2) the assessment of the Secretary of the advisability of
extending or expanding the authority for the program under this
section.
(e) Construction of Authority.--Nothing in this section may be
construed to limit any other authority provided by law for any military
construction project at a Department laboratory covered by the program.
(f) Definitions.--In this section:
(1) The term ``laboratory'' includes--
(A) a research, engineering, and development
center;
(B) a test and evaluation activity owned, funded,
and operated by the Federal Government through the
Department of Defense; and
(C) a supporting facility of a laboratory.
(2) The term ``supporting facility'', with respect to a
laboratory, means any building or structure that is used in
support of research, development, test, and evaluation at the
laboratory.
(g) Expiration of Authority.--The authority to carry out a project
under the program under this section expires on September 30, 2006.
SEC. 2842. JURISDICTION AND UTILIZATION OF FORMER PUBLIC DOMAIN LANDS,
UMATILLA CHEMICAL DEPOT, OREGON.
(a) Jurisdiction.--The various parcels of real property consisting
of approximately 8,300 acres and located within the boundaries of
Umatilla Chemical Depot, Oregon, that were previously withdrawn from
the public domain are determined to be no longer suitable for return to
the public domain and are hereby transferred to the administrative
jurisdiction of the Secretary of the Army.
(b) Utilization.--The Secretary shall combine the real property
transferred under subsection (a) with other lands and lesser interests
comprising the Umatilla Chemical Depot for purposes of their management
and disposal pursuant to title II of the Defense Authorization
Amendments and Base Closure and Realignment Act of 1988 (Public Law
100-526; 10 U.S.C. 2687 note) and other applicable law.
SEC. 2843. DEVELOPMENT OF HERITAGE CENTER FOR THE NATIONAL MUSEUM OF
THE UNITED STATES ARMY.
(a) Authority To Enter Into Agreement.--(1) The Secretary of the
Army may enter into an agreement with the Army Historical Foundation, a
nonprofit organization, for the design, construction, and operation of
a facility or group of facilities at Fort Belvoir, Virginia (in this
section referred to as the ``center''), for the National Museum of the
United States Army.
(2) The center shall be used for the identification, curation,
storage, and public viewing of artifacts and artwork of significance to
the United States Army, as agreed to by the Secretary.
(3) The center may also be used to support such education,
training, research, and associated purposes as the Secretary considers
appropriate.
(b) Design and Construction.--(1) The design of the center shall be
subject to the approval of the Secretary.
(2) For each phase of the development of the center, the Secretary
may--
(A) accept funds from the Army Historical Foundation for
the design and construction of such phase of the center; or
(B) permit the Army Historical Foundation to contract for
the design and construction of such phase of the center.
(c) Acceptance of Facility.--(1) Upon satisfactory completion, as
determined by the Secretary, of any phase of the center, and upon the
satisfaction of any and all financial obligations incident thereto by
the Army Historical Foundation, the Secretary shall accept such phase
of the center from the Army Historical Foundation, and all right,
title, and interest in and to such phase of the center shall vest in
the United States.
(2) Upon becoming property of the United States, a phase of the
center accepted under paragraph (1) shall be under the jurisdiction of
the Secretary.
(d) Use of Certain Gifts.--(1) Under regulations prescribed by the
Secretary, the Commander of the United States Army Center of Military
History may, without regard to section 2601 of title 10, United States
Code, accept, hold, administer, invest, and spend any gift, devise, or
bequest of personal property of a value of $250,000 or less made to the
United States if such gift, devise, or bequest is for the benefit of
the National Museum of the United States Army or the center.
(2) The Secretary may pay or authorize the payment of any
reasonable and necessary expense in connection with the conveyance or
transfer of a gift, devise, or bequest under this subsection.
(e) Lease of Facility.--(1) The Secretary may lease, under such
terms and conditions as the Secretary considers appropriate for the
agreement authorized by subsection (a), portions of the center
developed under that subsection to the Army Historical Foundation for
use by the public, commercial and nonprofit entities, State and local
governments, and other departments and agencies of the Federal
Government for use in generating revenue for activities of the center
and for such administrative purposes as may be necessary for the
support of the center.
(2) The amount of consideration paid to the Secretary by the Army
Historical Foundation for a lease under paragraph (1) may not exceed an
amount equal to the actual cost, as determined by the Secretary, of the
operations and maintenance of the center.
(3) Notwithstanding any other provision of law, the Secretary shall
use amounts paid under paragraph (2) to cover the costs of operation of
the center.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the agreement
authorized by subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2844. AUTHORITY TO SETTLE CLAIM OF OAKLAND BASE REUSE AUTHORITY
AND REDEVELOPMENT AGENCY OF THE CITY OF OAKLAND,
CALIFORNIA.
(a) Authority.--The Secretary of the Navy may pay funds as agreed
to by both parties, in the amount of $2,100,000, to the Oakland Base
Reuse Authority and Redevelopment Agency of the City of Oakland,
California, in settlement of Oakland Base Reuse Authority and
Redevelopment Agency of the City of Oakland v. the United States, Case
No. C02-4652 MHP, United States District Court, Northern District of
California, including any appeal.
(b) Consideration.--As consideration, the Oakland Base Reuse
Authority and Redevelopment Agency shall agree that the payment
constitutes a final settlement of all claims against the United States
related to said case and give to the Secretary a release of all claims
to the eighteen officer housing units located at the former Naval
Medical Center Oakland, California. The release shall be in a form that
is satisfactory to the Secretary.
(c) Source of Funds.--The Secretary may use funds in the Department
of Defense Base Closure Account 1990 established pursuant to section
2906 of the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) for the payment
authorized by subsection (a) or the proceeds of sale from the eighteen
housing units and property described in subsection (b).
SEC. 2845. COMPTROLLER GENERAL REPORT ON CLOSURE OF DEPARTMENT OF
DEFENSE DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS AND
COMMISSARY STORES.
(a) Comptroller General Report.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of Congress a
report that includes the following:
(1) With respect to Department of Defense dependent
elementary and secondary schools--
(A) an assessment by the Comptroller General of the
policy of the Department of Defense, and the criteria
utilized by the Department, regarding the closure of
schools, including whether or not such policy and
criteria are consistent with Department policies and
procedures on the preservation of the quality of life
of members of the Armed Forces; and
(B) an assessment by the Comptroller General of any
current or on-going studies or assessments of the
Department with respect to any of the schools.
(2) With respect to commissary stores--
(A) an assessment by the Comptroller General of the
policy of the Department of Defense, and the criteria
utilized by the Department, regarding the closure of
commissary stores, including whether or not such policy
and criteria are consistent with Department policies
and procedures on the preservation of the quality of
life of members of the Armed Forces; and
(B) an assessment by the Comptroller General of any
current or on-going studies or assessments of the
Department with respect to any of the commissary
stores.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services of the Senate; and
(2) the Committee on Armed Services of the House of
Representatives.
TITLE XXIX--MARITIME ADMINISTRATION
SEC. 2901. MODIFICATION OF PRIORITY AFFORDED APPLICATIONS FOR NATIONAL
DEFENSE TANK VESSEL CONSTRUCTION ASSISTANCE.
Section 3542(d) of the Maritime Security Act of 2003 (title XXXV of
Public Law 108-136; 117 Stat. 1821; 46 U.S.C. 53101 note) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) shall give priority consideration to a proposal
submitted by an applicant who has been accepted for
participation in the Shipboard Technology Evaluation Program as
outlined in Navigation and Vessel Inspection Circular 01-04,
issued by the Commandant of the United States Coast Guard on
January 2, 2004; and''.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2005 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$9,165,145,000, to be allocated as follows:
(1) For weapons activities, $6,674,898,000.
(2) For defense nuclear nonproliferation activities,
$1,348,647,000.
(3) For naval reactors, $797,900,000.
(4) For the Office of the Administrator for Nuclear
Security, $343,700,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for weapons
activities, as follows:
(1) For readiness in technical base and facilities:
Project 05-D-140, Readiness in Technical Base and
Facilities Program (RTBF), project engineering and
design (PED), various locations, $11,600,000.
Project 05-D-401, Building 12-64 production bays
upgrade, Pantex Plant, Amarillo, Texas, $25,000,000.
Project 05-D-402, Beryllium Capability (BeC)
Project, Y-12 National Security Complex, Oak Ridge,
Tennessee, $3,627,000.
(2) For facilities and infrastructure recapitalization:
Project 05-D-160, Facilities and Infrastructure
Recapitalization Program (FIRP), project engineering
and design (PED), various locations, $8,700,000.
Project 05-D-601, compressed air upgrades, Y-12
National Security Complex, Oak Ridge, Tennessee,
$4,400,000.
Project 05-D-602, power grid infrastructure upgrade
(PGIU), Los Alamos National Laboratory, Los Alamos, New
Mexico, $10,000,000.
Project 05-D-603, new master substation, technical
areas I and IV, Sandia National Laboratories,
Albuquerque, New Mexico, $600,000.
(3) For safeguards and security:
Project 05-D-170, safeguards and security, project
engineering and design (PED), various locations,
$17,000,000.
Project 05-D-701, security perimeter, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$20,000,000.
(4) For naval reactors:
Project 05-N-900, materials development facility
building, Schenectady, New York, $6,200,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2005 for
environmental management activities in carrying out programs necessary
for national security in the amount of $6,954,402,000, to be allocated
as follows:
(1) For defense site acceleration completion,
$5,971,932,000.
(2) For defense environmental services, $982,470,000.
(b) Authorization of New Plant Project.--From funds referred to in
subsection (a)(2) that are available for carrying out plant projects,
the Secretary of Energy may carry out, for environmental management
activities, the following new plant project:
Project 05-D-405, salt waste processing facility, Savannah
River Site, Aiken, South Carolina, $52,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2005 for other defense activities in carrying
out programs necessary for national security in the amount of
$568,096,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2005 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
$108,000,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. LIMITATION ON AVAILABILITY OF FUNDS FOR MODERN PIT FACILITY.
(a) Limitation.--Of the amount authorized to be appropriated by
section 3101(a)(1) for the National Nuclear Security Administration for
weapons activities and available for the Modern Pit Facility, not more
than 50 percent of such amount may be obligated or expended until 30
days after the latter of the following:
(1) The date of the submittal of the revised nuclear
weapons stockpile plan specified in the joint explanatory
statement to accompany the report of the Committee on
Conference on the bill H.R. 2754 of the 108th Congress.
(2) The date on which the Administrator for Nuclear
Security submits to the congressional defense committees a
report setting forth the validated pit production requirements
for the Modern Pit Facility.
(b) Validated Pit Production Requirements.--(1) The validated pit
production requirements in the report under subsection (a)(2) shall be
established by the Administrator in conjunction with the Chairman of
the Nuclear Weapons Council.
(2) The validated pit production requirements shall--
(A) include specifications regarding the number of pits
that will be required to be produced in order to support the
weapons that will be retained in the nuclear weapons stockpile,
set forth by weapon type and by year; and
(B) take into account any surge capacity that may be
included in the annual pit production capability.
(c) Form of Report.--The report described in subsection (a)(2)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR ADVANCED NUCLEAR
WEAPONS CONCEPTS INITIATIVE.
(a) Limitation.--None of the funds authorized to be appropriated by
this title may be obligated or expended for purposes of additional or
exploratory studies under the Advanced Nuclear Weapons Concepts
Initiative until 30 days after the date on which the Administrator for
Nuclear Security submits to the congressional defense committees a
detailed report on the activities for such studies under the Initiative
that are planned for fiscal year 2005.
(b) Form of Report.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS UNDER FACILITIES
AND INFRASTRUCTURE RECAPITALIZATION PROGRAM AFTER PROJECT
SELECTION DEADLINE.
(a) Limited Authority To Carry Out New Projects.--Section 3114(a)
of the National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 117 Stat. 1744; 50 U.S.C. 2453 note) is amended--
(1) in the subsection caption, by striking ``Deadline
for'';
(2) in paragraph (2), by striking ``No project'' and
inserting ``Except as provided in paragraph (3), no project'';
and
(3) by adding at the end the following new paragraph:
``(3)(A) Subject to the provisions of this paragraph, a project
described in subparagraph (B) may be carried out under the Facilities
and Infrastructure Recapitalization Program after December 31, 2004, if
the Administrator approves the project. The Administrator may not
delegate the authority to approve projects under the preceding
sentence.
``(B) A project described in this subparagraph is a project that
consists of a specific building, facility, or other improvement
(including fences, roads, or similar improvements).
``(C) Funds may not be obligated or expended for a project under
this paragraph until 60 days after the date on which the Administrator
submits to the congressional defense committees a notice on the
project, including a description of the project and the nature of the
project, a statement explaining why the project was not included in the
Facilities and Infrastructure Recapitalization Program under paragraph
(1), and a statement explaining why the project was not included in any
other program under the jurisdiction of the Administrator.
``(D) The total number of projects that may be carried out under
this paragraph in any fiscal year may not exceed five projects.
``(E) The Administrator may not utilize the authority in this
paragraph until 60 days after the later of--
``(i) the date of the submittal to the congressional
defense committees of a list of the projects selected for
inclusion in the Facilities and Infrastructure Recapitalization
Program under paragraph (1); or
``(ii) the date of the submittal to the congressional
defense committees of the report required by subsection (c).
``(F) A project may not be carried out under this paragraph unless
the project will be completed by September 30, 2011.''.
(b) Construction of Authority.--The amendments made by subsection
(a) may not be construed to authorize any delay in either of the
following:
(1) The selection of projects for inclusion in the
Facilities and Infrastructure Recapitalization Program under
subsection (a) of section 3114 of the National Defense
Authorization Act for Fiscal Year 2004.
(2) The submittal of the report required by subsection (c)
of such section.
SEC. 3114. MODIFICATION OF MILESTONE AND REPORT REQUIREMENTS FOR
NATIONAL IGNITION FACILITY.
(a) Notification on Milestones To Achieve Ignition.--Subsection (a)
of section 3137 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1369) is amended by striking
``each Level I milestone and Level II milestone for the National
Ignition Facility.'' and inserting the following: ``each milestone for
the National Ignition Facility as follows:
``(1) Each Level I milestone.
``(2) Each Level II milestone.
``(3) Each milestone to achieve ignition.''.
(b) Report on Failure of Timely Achievement of Milestones.--
Subsection (b) of such section is amended by striking ``a Level I
milestone or Level II milestone for the National Ignition Facility''
and inserting ``a milestone for the National Ignition Facility referred
to in subsection (a)''.
(c) Milestones To Achieve Ignition.--Subsection (c) of such section
is amended to read as follows:
``(c) Milestones.--For purposes of this section:
``(1) The Level I and Level II milestones for the National
Ignition Facility are as established in the August 2000 revised
National Ignition Facility baseline document.
``(2) The milestones of the National Ignition Facility to
achieve ignition are such milestones (other than the milestones
referred to in paragraph (1)) as the Administrator shall
establish on any activities at the National Ignition Facility
that are required to enable the National Ignition Facility to
achieve ignition and be a fully functioning user facility by
December 31, 2011.''.
(d) Submittal to Congress of Milestones To Achieve Ignition.--Not
later than January 31, 2005, the Administrator for Nuclear Security
shall submit to the congressional defense committees a report setting
forth the milestones of the National Ignition Facility to achieve
ignition as established by the Administration under subsection (c)(2)
of section 3137 of the National Defense Authorization Act for Fiscal
Year 2002, as amended by subsection (c) of this section. The report
shall include--
(1) a description of each milestone established; and
(2) a proposal for the funding to be required to meet each
such milestone.
(e) Extension of Sunset.--Subsection (d) of section 3137 of such
Act is amended by striking ``September 30, 2004'' and inserting
``December 31, 2011''.
SEC. 3115. MODIFICATION OF SUBMITTAL DATE OF ANNUAL PLAN FOR
STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF WARHEADS IN
THE NUCLEAR WEAPONS STOCKPILE.
Section 4203(c) of the Atomic Energy Defense Act (50 U.S.C.
2523(c)) is amended is amended by striking ``March 15 of each year
thereafter'' and inserting ``May 1 of each year thereafter''.
SEC. 3116. DEFENSE SITE ACCELERATION COMPLETION.
(a) In General.--Notwithstanding any other provision of law, with
respect to material stored at a Department of Energy site at which
activities are regulated by the State pursuant to approved closure
plans or permits issued by the State, high-level radioactive waste does
not include radioactive material resulting from the reprocessing of
spent nuclear fuel that the Secretary of Energy determines--
(1) does not require permanent isolation in a deep geologic
repository for spent fuel or highly radioactive waste pursuant
to criteria promulgated by the Department of Energy by rule
approved by the Nuclear Regulatory Commission;
(2) has had highly radioactive radionuclides removed to the
maximum extent practical in accordance with the Nuclear
Regulatory Commission-approved criteria; and
(3) in the case of material derived from the storage tanks,
is disposed of in a facility (including a tank) within the
State pursuant to a State-approved closure plan or a State-
issued permit, authority for the approval or issuance of which
is conferred on the State outside of this Act.
(b) Inapplicability to Certain Materials.--Subsection (a) shall not
apply to any material otherwise covered by that subsection that is
transported from the State.
(c) Scope of Authority To Carry Out Actions.--The Department of
Energy may implement any action authorized--
(1) by a State-approved closure plan or State-issued permit
in existence on the date of enactment of this section; or
(2) by a closure plan approved by the State or a permit
issued by the State during the pendency of the rulemaking
provided for in subsection (a).
Any such action may be completed pursuant to the terms of the closure
plan or the State-issued permit notwithstanding the final criteria
adopted by the rulemaking pursuant to subsection (a).
(d) State Defined.--In this section, the term ``State'' means the
State of South Carolina.
(e) Construction.--(1) Nothing in this section shall affect, alter,
or modify the full implementation of--
(A) the settlement agreement entered into by the United
States with the State of Idaho in the actions captioned Public
Service Co. of Colorado v. Batt, Civil No. 91-0035-S-EJL, and
United States v. Batt, Civil No. 91-0054-S-EJL, in the United
States District Court for the District of Idaho, and the
consent order of the United States District Court for the
District of Idaho, dated October 17, 1995, that effectuates the
settlement agreement;
(B) the Idaho National Engineering Laboratory Federal
Facility Agreement and Consent Order; or
(C) the Hanford Federal Facility Agreement and Consent
Order.
(2) Nothing in this section establishes any precedent or is binding
on the State of Idaho, the State of Washington, the State of Oregon, or
any other State for the management, storage, treatment, and disposition
of radioactive and hazardous materials.
SEC. 3117. NATIONAL ACADEMY OF SCIENCES STUDY.
(a) Review by National Research Council.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of Energy
shall enter into a contract with the National Research Council of the
National Academies to conduct a study of the necessary technologies and
research gaps in the Department of Energy's program to remove high-
level radioactive waste from the storage tanks at the Department's
sites in South Carolina, Washington and Idaho.
(b) Matters To Be Addressed in Study.--The study shall address the
following:
(1) the quantities and characteristics of waste in each
high-level waste storage tank described in paragraph (a),
including data uncertainties;
(2) the technologies by which high-level radioactive waste
is currently being removed from the tanks for final disposal
under the Nuclear Waste Policy Act;
(3) technologies currently available but not in use in
removing high-level radioactive waste from the tanks;
(4) any technology gaps that exist to effect the removal of
high-level radioactive waste from the tanks;
(5) other matters that in the judgement of the National
Research Council directly relate to the focus of this study.
(c) Time Limitation.--The National Research Council shall conduct
the review over a one year period beginning upon execution of the
contract described in subsection (a).
(d) Reports.--(1) The National Research Council shall submit its
findings, conclusions and recommendations to the Secretary of Energy
and to the relevant Committees of jurisdiction of the United States
Senate and House of Representatives.
(2) The final report shall be submitted in unclassified
form with classified annexes as necessary.
(e) Provision of Information.--The Secretary of Energy shall make
available to the National Research Council all of the information
necessary to complete its report in a timely manner.
(f) Expedited Processing of Security Clearances.--For purposes of
facilitating the commencement of the study under this section, the
Secretary of Energy shall expedite to the fullest degree possible the
processing of security clearances that are necessary for the National
Research Council to conduct the study.
(g) Funding.--Of the amount authorized to be appropriated in
section 3102(a)(1) for environmental management for defense site
acceleration completion, $750,000 shall be available for the study
authorized under this section.
SEC. 3118. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND SECURITY.
(a) Annual Report Required.--Subtitle C of title XLVII of the
Atomic Energy Defense Act (50 U.S.C. 2771 et seq.) is amended by adding
at the end the following new section:
``SEC. 4732. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND SECURITY.
``The Secretary of Energy shall submit to Congress each year, in
the budget justification materials submitted to Congress in support of
the budget of the President for the fiscal year beginning in such year
(as submitted under section 1105(a) of title 31, United States Code),
the following:
``(1) A detailed description and accounting of the proposed
obligations and expenditures by the Department of Energy for
safeguards and security in carrying out programs necessary for
the national security for the fiscal year covered by such
budget, including any technologies on safeguards and security
proposed to be deployed or implemented during such fiscal year.
``(2) With respect to the fiscal year ending in the year
before the year in which such budget is submitted, a detailed
description and accounting of--
``(A) the policy on safeguards and security,
including any modifications in such policy adopted or
implemented during such fiscal year;
``(B) any initiatives on safeguards and security in
effect or implemented during such fiscal year;
``(C) the amount obligated and expended for
safeguards and security during such fiscal year, set
forth by total amount, by amount per program, and by
amount per facility; and
``(D) the technologies on safeguards and security
deployed or implemented during such fiscal year.''.
(b) Clerical Amendment.--The table of contents for that Act is
amended by inserting after the item relating to section 4731 the
following new item:
``Sec. 4732. Annual report on expenditures for safeguards and
security.''.
SEC. 3119. AUTHORITY TO CONSOLIDATE COUNTERINTELLIGENCE OFFICES OF
DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR SECURITY
ADMINISTRATION WITHIN NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Authority.--The Secretary of Energy may consolidate the
counterintelligence programs and functions referred to in subsection
(b) within the Office of Defense Nuclear Counterintelligence of the
National Nuclear Security Administration and provide for their
discharge by that Office.
(b) Covered Programs and Functions.--The programs and functions
referred to in this subsection are as follows:
(1) The functions and programs of the Office of
Counterintelligence of the Department of Energy under section
215 of the Department of Energy Organization Act (42 U.S.C.
7144b).
(2) The functions and programs of the Office of Defense
Nuclear Counterintelligence of the National Nuclear Security
Administration under section 3232 of the National Nuclear
Security Administration Act (50 U.S.C. 2422), including the
counterintelligence programs under section 3233 of that Act (50
U.S.C. 2423).
(c) Establishment of Policy.--The Secretary shall have the
responsibility to establish policy for the discharge of the
counterintelligence programs and functions consolidated within the
National Nuclear Security Administration under subsection (a) as
provided for under section 213 of the Department of Energy Organization
Act (42 U.S.C. 7144).
(d) Preservation of Counterintelligence Capability.--In
consolidating counterintelligence programs and functions within the
National Nuclear Security Administration under subsection (a), the
Secretary shall ensure that the counterintelligence capabilities of the
Department of Energy and the National Nuclear Security Administration
are in no way degraded or compromised.
(e) Report on Exercise of Authority.--In the event the Secretary
exercises the authority in subsection (a), the Secretary shall submit
to the congressional defense committees a report on the exercise of the
authority. The report shall include--
(1) a description of the manner in which the
counterintelligence programs and functions referred to in
subsection (b) shall be consolidated within the Office of
Defense Nuclear Counterintelligence of the National Nuclear
Security Administration and discharged by that Office;
(2) a notice of the date on which that Office shall
commence the discharge of such programs and functions, as so
consolidated; and
(3) a proposal for such legislative action as the Secretary
considers appropriate to effectuate the discharge of such
programs and functions, as so consolidated, by that Office.
(f) Deadline for Exercise of Authority.--The authority in
subsection (a) may be exercised, if at all, not later than one year
after the date of the enactment of this Act.
SEC. 3120. TREATMENT OF WASTE MATERIAL.
(a) Availability of Funds for Treatment.--Of the amount authorized
to be appropriated by section 3102(a)(1) for environmental management
for defense site acceleration completion, $350,000,000 shall be
available for the following purposes at the sites referred to in
subsection (b):
(1) The safe management of tanks or tank farms used to
store waste from reprocessing activities.
(2) The on-site treatment and storage of wastes from
reprocessing activities and related waste.
(3) The consolidation of tank waste.
(4) The emptying and cleaning of storage tanks.
(5) Actions under section 3116.
(b) Sites.--The sites referred to in this subsection are as
follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho.
(2) The Savannah River Site, Aiken, South Carolina.
(3) The Hanford Site, Richland, Washington.
(c) Effective Date.--This section shall become effective 1 day
after enactment.
SEC. 3121. LOCAL STAKEHOLDER ORGANIZATIONS FOR DEPARTMENT OF ENERGY
ENVIRONMENTAL MANAGEMENT 2006 CLOSURE SITES.
(a) Establishment.--(1) The Secretary of Energy shall establish for
each Department of Energy Environmental Management 2006 closure site a
local stakeholder organization having the responsibilities set forth in
subsection (c).
(2) The local stakeholder organization shall be established in
consultation with interested elected officials of local governments in
the vicinity of the closure site concerned.
(b) Composition.--A local stakeholder organization for a Department
of Energy Environmental Management 2006 closure site under subsection
(a) shall be composed of such elected officials of local governments in
the vicinity of the closure site concerned as the Secretary considers
appropriate to carry out the responsibilities set forth in subsection
(c) who agree to serve on the organization, or the designees of such
officials.
(c) Responsibilities.--A local stakeholder organization for a
Department of Energy Environmental Management 2006 closure site under
subsection (a) shall--
(1) solicit and encourage public participation in
appropriate activities relating to the closure and post-closure
operations of the site;
(2) disseminate information on the closure and post-closure
operations of the site to the State government of the State in
which the site is located, local and Tribal governments in the
vicinity of the site, and persons and entities having a stake
in the closure or post-closure operations of the site;
(3) transmit to appropriate officers and employees of the
Department of Energy questions and concerns of governments,
persons, and entities referred to paragraph (2) on the closure
and post-closure operations of the site; and
(4) perform such other duties as the Secretary and the
local stakeholder organization jointly determine appropriate to
assist the Secretary in meeting post-closure obligations of the
Department at the site.
(d) Deadline for Establishment.--The local stakeholder organization
for a Department of Energy Environmental Management 2006 closure site
shall be established not later than six months before the closure of
the site.
(e) Inapplicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to local
stakeholder organizations under this section.
(f) Department of Energy Environmental Management 2006 Closure Site
Defined.--In this section, the term ``Department of Energy
Environmental Management 2006 closure site'' means each clean up site
of the Department of Energy scheduled by the Department as of January
1, 2004, for closure in 2006.
SEC. 3122. REPORT ON MAINTENANCE OF RETIREMENT BENEFITS FOR CERTAIN
WORKERS AT 2006 CLOSURE SITES AFTER CLOSURE OF SITES.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Assistant Secretary of Energy for
Environmental Management shall submit to the Secretary of Energy a
report on the maintenance of retirements benefits for workers at
Department of Energy 2006 closure sites after the closure of such
sites.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) The number of workers at Department of Energy 2006
closure sites that could lose retirement benefits as a result
of the early closure of such a site.
(2) The impact on collective bargaining agreements with
workers at Department of Energy 2006 closure sites of the loss
of their retirement benefits as described in paragraph (1).
(3) The cost of providing retirement benefits, after the
closure of Department of Energy 2006 closure sites, to workers
at such sites who would otherwise lose their benefits as
described in paragraph (1) after the closure of such sites.
(c) Transmittal to Congress.--Not later than 30 days after
receiving the report under subsection (a), the Secretary shall transmit
the report to Congress, together with such recommendations, including
recommendations for legislative action, as the Secretary considers
appropriate.
(d) Definitions.--In this section:
(1) The term ``Department of Energy 2006 closure site''
means the following:
(A) The Rocky Flats Environmental Technology Site,
Colorado.
(B) The Fernald Plant, Ohio.
(C) The Mound Plant, Ohio.
(2) The term ``worker'' means any employee who is employed
by contract to perform cleanup, security, or administrative
duties or responsibilities at a Department of Energy 2006
closure site.
(3) The term ``retirement benefits'' means health, pension,
and any other retirement benefits.
SEC. 3123. REPORT ON EFFORTS OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION TO UNDERSTAND PLUTONIUM AGING.
(a) Study.--(1) The Administrator for Nuclear Security shall enter
into a contract with a Federally Funded Research and Development Center
(FFRDC) providing for a study to assess the efforts of the National
Nuclear Security Administration to understand the aging of plutonium in
nuclear weapons.
(2) The Administrator shall make available to the FFRDC contractor
under this subsection all information that is necessary for the
contractor to successfully complete a meaningful study on a timely
basis.
(b) Report Required.--(1) Not later than two years after the date
of the enactment of this Act, the Administrator shall submit to
Congress a report on the findings of the study on the efforts of the
Administration to understand the aging of plutonium in nuclear weapons.
(2) The report shall include the recommendations of the study for
improving the knowledge, understanding, and application of the
fundamental and applied sciences related to the study of plutonium
aging.
(3) The report shall be submitted in unclassified form, but may
include a classified annex.
Subtitle C--Proliferation Matters
SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTERNATIONAL NUCLEAR
MATERIALS PROTECTION AND COOPERATION PROGRAM FUNDS
OUTSIDE THE FORMER SOVIET UNION.
(a) Applicability of Authority Limited to Projects Not Previously
Authorized.--Subsection (a) of section 3124 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1747) is amended by inserting ``that has not previously been authorized
by Congress'' after ``states of the former Soviet Union''.
(b) Repeal of Limitation on Total Amount of Obligation.--Such
section is further amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
SEC. 3132. ACCELERATION OF REMOVAL OR SECURITY OF FISSILE MATERIALS,
RADIOLOGICAL MATERIALS, AND RELATED EQUIPMENT AT
VULNERABLE SITES WORLDWIDE.
(a) Sense of Congress.--(1) It is the sense of Congress that the
security, including the rapid removal or secure storage, of high-risk,
proliferation-attractive fissile materials, radiological materials, and
related equipment at vulnerable sites worldwide should be a top
priority among the activities to achieve the national security of the
United States.
(2) It is the sense of Congress that the President may establish in
the Department of Energy a task force to be known as the Task Force on
Nuclear Materials to carry out the program authorized by subsection
(b).
(b) Program Authorized.--The Secretary of Energy may carry out a
program to undertake an accelerated, comprehensive worldwide effort to
mitigate the threats posed by high-risk, proliferation-attractive
fissile materials, radiological materials, and related equipment
located at sites potentially vulnerable to theft or diversion.
(c) Program Elements.--(1) Activities under the program under
subsection (b) may include the following:
(A) Accelerated efforts to secure, remove, or eliminate
proliferation-attractive fissile materials or radiological
materials in research reactors, other reactors, and other
facilities worldwide.
(B) Arrangements for the secure shipment of proliferation-
attractive fissile materials, radiological materials, and
related equipment to other countries willing to accept such
materials and equipment, or to the United States if such
countries cannot be identified, and the provision of secure
storage or disposition of such materials and equipment
following shipment.
(C) The transportation of proliferation-attractive fissile
materials, radiological materials, and related equipment from
sites identified as proliferation risks to secure facilities in
other countries or in the United States.
(D) The processing and packaging of proliferation-
attractive fissile materials, radiological materials, and
related equipment in accordance with required standards for
transport, storage, and disposition.
(E) The provision of interim security upgrades for
vulnerable, proliferation-attractive fissile materials and
radiological materials and related equipment pending their
removal from their current sites.
(F) The utilization of funds to upgrade security and
accounting at sites where proliferation-attractive fissile
materials or radiological materials will remain for an extended
period of time in order to ensure that such materials are
secure against plausible potential threats and will remain so
in the future.
(G) The management of proliferation-attractive fissile
materials, radiological materials, and related equipment at
secure facilities.
(H) Actions to ensure that security, including security
upgrades at sites and facilities for the storage or disposition
of proliferation-attractive fissile materials, radiological
materials, and related equipment, continues to function as
intended.
(I) The provision of technical support to the International
Atomic Energy Agency (IAEA), other countries, and other
entities to facilitate removal of, and security upgrades to
facilities that contain, proliferation-attractive fissile
materials, radiological materials, and related equipment
worldwide.
(J) The development of alternative fuels and irradiation
targets based on low-enriched uranium to convert research or
other reactors fueled by highly-enriched uranium to such
alternative fuels, as well as the conversion of reactors and
irradiation targets employing highly-enriched uranium to
employment of such alternative fuels and targets.
(K) Accelerated actions for the blend down of highly-
enriched uranium to low-enriched uranium.
(L) The provision of assistance in the closure and
decommissioning of sites identified as presenting risks of
proliferation of proliferation-attractive fissile materials,
radiological materials, and related equipment.
(M) Programs to--
(i) assist in the placement of employees displaced
as a result of actions pursuant to the program in
enterprises not representing a proliferation threat;
and
(ii) convert sites identified as presenting risks
of proliferation regarding proliferation-attractive
fissile materials, radiological materials, and related
equipment to purposes not representing a proliferation
threat to the extent necessary to eliminate the
proliferation threat.
(2) The Secretary of Energy shall, in coordination with the
Secretary of State, carry out the program in consultation with, and
with the assistance of, appropriate departments, agencies, and other
entities of the United States Government.
(3) The Secretary of Energy shall, with the concurrence of the
Secretary of State, carry out activities under the program in
collaboration with such foreign governments, non-governmental
organizations, and other international entities as the Secretary
considers appropriate for the program.
(d) Reports.--(1) Not later than March 15, 2005, the Secretary
shall submit to Congress a classified interim report on the program
under subsection (b).
(2) Not later than January 1, 2006, the Secretary shall submit to
Congress a classified final report that includes the following:
(A) A survey by the Secretary of the facilities and sites
worldwide that contain proliferation-attractive fissile
materials, radiological materials, or related equipment.
(B) A list of sites determined by the Secretary to be of
the highest priority, taking into account risk of theft from
such sites, for removal or security of proliferation-attractive
fissile materials, radiological materials, or related
equipment, organized by level of priority.
(C) A plan, including activities under the program under
this section, for the removal, security, or both of
proliferation-attractive fissile materials, radiological
materials, or related equipment at vulnerable facilities and
sites worldwide, including measurable milestones, metrics, and
estimated costs for the implementation of the plan.
(3) A summary of each report under this subsection shall also be
submitted to Congress in unclassified form.
(e) Funding.--Amounts authorized to be appropriated to the
Secretary of Energy for defense nuclear nonproliferation activities
shall be available for purposes of the program under this section.
(f) Definitions.--In this section:
(1) The term ``fissile materials'' means plutonium, highly-
enriched uranium, or other material capable of sustaining an
explosive nuclear chain reaction, including irradiated items
containing such materials if the radiation field from such
items is not sufficient to prevent the theft or misuse of such
items.
(2) The term ``radiological materials'' includes Americium-
241, Californium-252, Cesium-137, Cobalt-60, Iridium-192,
Plutonium-238, Radium-226 and Strontium-90, Curium-244,
Strontium-90, and irradiated items containing such materials,
or other materials designated by the Secretary of Energy for
purposes of this paragraph.
(3) The term ``related equipment'' includes equipment
useful for enrichment of uranium in the isotope 235 and for
extraction of fissile materials from irradiated fuel rods and
other equipment designated by the Secretary of Energy for
purposes of this section.
(4) The term ``highly-enriched uranium'' means uranium
enriched to or above 20 percent in isotope 235.
(5) The term ``low-enriched uranium'' means uranium
enriched below 20 percent in isotope 235.
(6) The term ``proliferation-attractive'', in the case of
fissile materials and radiological materials, means quantities
and types of such materials that are determined by the
Secretary of Energy to present a significant risk to the
national security of the United States if diverted to a use
relating to proliferation.
Subtitle D--Other Matters
SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRACTORS.
Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C.
2210(d)(1)(A)) is amended by striking ``until December 31, 2004'' and
inserting ``until December 31, 2006''.
SEC. 3142. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ``September 30, 2004'' and inserting
``September 30, 2006''.
SEC. 3143. ENHANCEMENT OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM AUTHORITIES.
(a) State Agreements.--Section 3661 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-394) (42 U.S.C. 7385o) is amended--
(1) in subsection (b), by striking ``Pursuant to agreements
under subsection (a), the'' and inserting ``The'';
(2) in subsection (c), by striking ``provided in an
agreement under subsection (a), and if''; and
(3) in subsection (e), by striking ``If provided in an
agreement under subsection (a)'' and inserting ``If a panel has
reported a determination under subsection (d)(5)''.
(b) Physician Panels.--Subsection (d) of such section is amended by
striking paragraph (2) and inserting the following new paragraph (2):
``(2) The Secretary of Health and Human Services shall, in
consultation with the Secretary of Energy, select the individuals to
serve as panel members based on experience and competency in diagnosing
occupational illnesses. The Secretary shall appoint the individuals so
selected as panel members or shall obtain by contract the services of
such individuals as panel members.''.
SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS
NATIONAL LABORATORY, NEW MEXICO.
The Secretary of Energy shall require that the primary management
and operations contract for Los Alamos National Laboratory, New Mexico,
that involves Laboratory operations after September 30, 2005, shall
contain terms requiring the contractor under such contract to provide
support to the Los Alamos Public School District, New Mexico, for the
elementary and secondary education of students by the School District
in the amount of $8,000,000 in each fiscal year.
SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT, NEW MEXICO, PURSUANT
TO COMPETITIVE CONTRACT.
(a) Contract Requirement.--The Secretary of Energy shall use
competitive procedures to enter into a contract to conduct independent
reviews and evaluations of the design, construction, and operations of
the Waste Isolation Pilot Plant in New Mexico (hereafter in this
section referred as the ``WIPP'') as they relate to the protection of
the public health and safety and the environment. The contract shall be
for a period of one year, beginning on October 1, 2004, and shall be
renewable for four additional one-year periods with the consent of the
contractor and subject to the authorization and appropriation of funds
for such purpose.
(b) Content of Contract.--A contract entered into under subsection
(a) shall require the following:
(1) The contractor shall appoint a Director and Deputy
Director, who shall be scientists of national eminence in the
field of nuclear waste disposal, shall be free from any biases
related to the activities of the WIPP, and shall be widely
known for their integrity and scientific expertise.
(2) The Director shall appoint staff. The professional
staff shall consist of scientists and engineers of recognized
integrity and scientific expertise who represent scientific and
engineering disciplines needed for a thorough review of the
WIPP, including disciplines such as geology, hydrology, health
physics, environmental engineering, probability risk analysis,
mining engineering, and radiation chemistry. The disciplines
represented in the staff shall change as may be necessary to
meet changed needs in carrying out the contract for expertise
in any certain scientific or engineering discipline. Scientists
employed under the contract shall have qualifications and
experience equivalent to the qualifications and experience
required for scientists employed by the Federal Government in
grades GS-13 through GS-15.
(3) Scientists employed under the contract shall have an
appropriate support staff.
(4) The Director and Deputy Director shall each be
appointed for a term of 5 years, subject to contract renewal,
and may be removed only for misconduct or incompetence. The
staff shall be appointed for such terms as the Director
considers appropriate.
(5) The rates of pay of professional staff and the
procedures for increasing the rates of pay of professional
staff shall be equivalent to those rates and procedures
provided for the General Schedule pay system under chapter 53
of title 5, United States Code.
(6) The results of reviews and evaluations carried out
under the contract shall be published.
(c) Administration.--The contractor shall establish general
policies and guidelines to be used by the Director in carrying out the
work under the contract.
SEC. 3146. COMPENSATION OF PAJARITO PLATEAU, NEW MEXICO, HOMESTEADERS
FOR ACQUISITION OF LANDS FOR MANHATTAN PROJECT IN WORLD
WAR II.
(a) Establishment of Compensation Fund.--There is established in
the Treasury of the United States a fund to be known as the Pajarito
Plateau Homesteaders Compensation Fund (in this section referred to as
the ``Fund''). The Fund shall be dedicated to the settlement of the two
lawsuits in the United States District Court for the District of New
Mexico consolidated as Civ. No. 00-60.
(b) Elements of Fund.--The Fund shall consist of the following:
(1) Amounts available for deposit in the Fund under
subsection (j).
(2) Interest earned on amounts in the Fund under subsection
(g).
(c) Use of Fund.--The Fund shall be available for the settlement of
the consolidated lawsuits in accordance with the following
requirements:
(1) The settlement shall be subject to preliminary and
final approval by the Court in accordance with rule 23(e) of
the Federal Rules of Civil Procedure.
(2) Lead Counsel and Counsel for the United States of
America shall recommend to the Court reasonable procedures by
which the claims for monies from the Fund shall be
administered, which recommendations shall include mechanisms--
(A) to identify class members;
(B) to receive claims from class members so
identified;
(C) to determine in accordance with subsection (d)
eligible claimants from among class members submitting
claims; and
(D) to resolve contests, if any, among eligible
claimants with respect to a particular eligible tract
regarding the disbursement of monies in the Fund with
respect to such eligible tract.
(3) Lead Counsel and Counsel for the United States of
America shall provide evidence to the Court to assist the Court
in--
(A) identifying each class member by name and
whereabouts;
(B) providing notice of the settlement process for
the consolidated lawsuits to each class member so
identified; and
(C) providing the forms, and describing the
procedure, for making claims to each class member so
identified.
(4) After the provision of notice to class members under
paragraph (3), if, within a time period to be established by
the Court, more than 10 percent of the class members submit to
the Court written notice of their determination to be excluded
from participation in the settlement of the consolidated
lawsuits--
(A) the Fund shall not serve as the basis for the
settlement of the consolidated lawsuits and the
provisions of this section shall have no further force
or effect; and
(B) amounts in the Fund shall not be disbursed, but
shall be retained in the Treasury as miscellaneous
receipts.
(5) The Court may award attorney fees and expenses from the
Fund pursuant to rule 23 of the Federal Rules of Civil
Procedure, except that the award of attorney fees may not
exceed 20 percent of the Fund and the award of expenses may not
exceed 2 percent of the Fund. Any attorney fees and expenses so
paid shall be paid from the Fund before distribution of the
amount in the Fund to eligible claimants entitled thereto.
(6) The Fund shall be available to pay settlement awards in
accordance with the following:
(A) The balance of the amount of the Fund that is
available for disbursement after any award of attorney
fees and expenses under paragraph (5) shall be
allocated proportionally by eligible tract according to
its acreage as compared with all eligible tracts.
(B) The allocation for each eligible tract shall be
allocated pro rata among all eligible claimants having
an interest in such eligible tract according to the
extent of their interest in such eligible tract, as
determined under the laws of the State of New Mexico.
(C) Payments from the Fund under this paragraph
shall be made by the Secretary of the Treasury.
(7) Any amounts available for disbursement with respect to
an eligible tract that are not awarded to eligible claimants
with respect to that tract by reason of paragraph (6)(B) shall
be retained in the Treasury as miscellaneous receipts.
(d) Eligible Claimants.--(1) For purposes of this section, an
eligible claimant is any class member determined by the Court, by a
preponderance of evidence and pursuant to procedures established under
subsection (c)(2), to be a person or entity who held a fee simple
ownership in an eligible tract at the time of its acquisition by the
United States during World War II for use in the Manhattan Project, or
the heir, successor in interest, assignee, or beneficiary of such a
person or entity.
(2) The status of a person or entity as an heir, successor in
interest, assignee, or beneficiary for purposes of this subsection
shall be determined under the laws of the State of New Mexico,
including the descent and distribution law of the State of New Mexico.
(e) Full Resolution of Claims Against United States.--(1) The
acceptance of a disbursement from the Fund by an eligible claimant
under this section shall constitute a final and complete release of the
defendants in the consolidated lawsuits with respect to such eligible
claimant, and shall be in full satisfaction of any and all claims of
such eligible claimant against the United States arising out of acts
described in the consolidated lawsuits.
(2) Upon the disbursement of the amount in the Fund to eligible
claimants entitled thereto under this section, the Court shall, subject
to the provisions of rule 23(e) of the Federal Rules of Civil
Procedure, enter a final judgment dismissing with prejudice the
consolidated lawsuits and all claims and potential claims on matters
covered by the consolidated lawsuits.
(f) Compensation Limited to Amounts in Fund.--(1) An eligible
claimant may be paid under this section only from amounts in the Fund.
(2) Nothing in this section shall authorize the payment to a class
member by the United States Government of any amount authorized by this
section from any source other than the Fund.
(g) Investment of Fund.--(1) The Secretary of the Treasury shall,
in accordance with the requirements of section 9702 of title 31, United
States Code, and the provisions of this subsection, direct the form and
manner by which the Fund shall be safeguarded and invested so as to
maximize its safety while earning a return comparable to other common
funds in which the United States Treasury is the source of payment.
(2) Interest on the amount deposited in the Fund shall accrue from
the date of the enactment of the Act appropriating amounts for deposit
in the Fund until the date on which the Secretary of the Treasury
disburses the amount in the Fund to eligible claimants who are entitled
thereto under subsection (c).
(h) Preservation of Records.--(1) All documents, personal
testimony, and other records created or received by the Court in the
consolidated lawsuits shall be kept and maintained by the Archivist of
the United States, who shall preserve such documents, testimony, and
records in the National Archives of the United States.
(2) The Archivist shall make available to the public the materials
kept and maintained under paragraph (1).
(i) Definitions.--In this section:
(1) The term ``Court'' means the United States District
Court for the District of New Mexico having jurisdiction over
the consolidated lawsuits.
(2) The term ``consolidated lawsuits'' means the two
lawsuits in the United States District Court for the District
of New Mexico consolidated as Civ. No. 00-60.
(3)(A) The term ``eligible tract'' means private real
property located on the Pajarito Plateau of what is now Los
Alamos County, New Mexico, that was acquired by the United
States during World War II for use in the Manhattan Project and
which is the subject of the consolidated lawsuits.
(B) The term does not include lands of the Los Alamos Ranch
School and of the A.M. Ross Estate (doing business as Anchor
Ranch).
(4) The term ``class member'' means the following:
(A) Any person or entity who claims to have held a
fee simple ownership in an eligible tract at the time
of its acquisition by the United States during World
War II for use in the Manhattan Project.
(B) Any person or entity claiming to be the heir,
successor in interest, assignee, or beneficiary of a
person or entity who held a fee simple ownership in an
eligible tract at the time of its acquisition by the
United States during World War II for use in the
Manhattan Project.
(j) Funding.--Of the amount authorized to be appropriated by
section 3101(a)(4) for the National Nuclear Security Administration for
the Office of the Administrator for Nuclear Security, $10,000,000 shall
be available for deposit in the Fund under subsection (b)(1).
Subtitle E--Energy Employees Occupational Illness Compensation Program
SEC. 3151. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC WEAPONS EMPLOYER
FACILITIES DURING PERIODS OF RESIDUAL CONTAMINATION.
(a) Coverage.--Paragraph (3) of section 3621 of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (title
XXXVI of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398); 42 U.S.C.
7384l) is amended to read as follows:
``(3) The term `atomic weapons employee' means any of the
following:
``(A) An individual employed by an atomic weapons
employer during a period when the employer was
processing or producing, for the use by the United
States, material that emitted radiation and was used in
the production of an atomic weapon, excluding uranium
mining and milling.
``(B) An individual employed--
``(i) at a facility with respect to which
the National Institute for Occupational Safety
and Health, in its report dated October 2003
and titled `Report on Residual Radioactive and
Beryllium Contamination at Atomic Weapons
Employer Facilities and Beryllium Vendor
Facilities', or any update to that report,
found that there is a potential for significant
residual contamination outside of the period in
which weapons-related production occurred;
``(ii) by an atomic weapons employer or
subsequent owner or operators of a facility
described in clause (i); and
``(ii) during a period, as specified in
such report or any update to such report, of
potential for significant residual radioactive
contamination at such facility.''.
SEC. 3152. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF FACILITIES.
(a) Update of Report.--Not later than December 31, 2006, the
Director of the National Institute for Occupational Safety and Health
shall submit to Congress an update to the report required by section
3151(b) of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 42 U.S.C. 7384 note).
(b) Elements.--The update shall--
(1) for each facility for which such report found that
insufficient information was available to determine whether
significant residual contamination was present, determine
whether significant residual contamination was present;
(2) for each facility for which such report found that
significant residual contamination remained present as of the
date of the report, determine the date on which such
contamination ceased to be present;
(3) for each facility for which such report found that
significant residual contamination was present but for which
the Director has been unable to determine the extent to which
such contamination is attributable to atomic weapons-related
activities, identify the specific dates of coverage
attributable to such activities and, in so identifying, presume
that such contamination is attributable to such activities
until there is evidence of decontamination of residual
contamination identified with atomic weapons-related
activities; and
(4) if new information that pertains to the report has been
made available to the Director since that report was submitted,
identify and describe such information.
(c) Publication.--The Director shall ensure that the report
referred to in subsection (a) is published in the Federal Register not
later than 15 days after being released.
SEC. 3153. WORKERS COMPENSATION.
(a) In General.--Subtitle D of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (title XXXVI of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398); 42 U.S.C. 7385o) is amended to
read as follows:
``Subtitle D--Workers Compensation
``SEC. 3661. COVERED DEPARTMENT OF ENERGY CONTRACTOR EMPLOYEES.
``(a) In General.--In this subtitle, the term `covered Department
of Energy contractor employee' means any Department of Energy
contractor employee determined under section 3663 to have contracted an
occupational illness or covered illness through exposure at a
Department of Energy facility.
``(b) Exclusion of Illness Through Exposure After Commencement of
New Program.--For purposes of this subtitle, an occupational illness or
covered illness shall not include any illness contracted by a
Department of Energy contractor employee through exposure at a
Department of Energy facility if the exposure occurs after the date of
the enactment of the National Defense Authorization Act for Fiscal Year
2005.
``SEC. 3662. WORKERS COMPENSATION.
``(a) In General.--Except as provided in subsection (b), a covered
Department of Energy contractor employee, or the survivor of a covered
Department of Energy contractor employee if the covered Department of
Energy contractor employee is deceased, shall receive workers
compensation in an amount determined under section 3664.
``(b) Election To Proceed Under State Workers' Compensation
System.--(1) A Department of Energy contractor employee otherwise
covered by this section may elect to seek workers' compensation under
the appropriate State workers' compensation system for the occupational
illness or covered illness of the covered Department of Energy
contractor employee rather than seek workers compensation for the
occupational illness or covered illness, as the case may be, under this
subtitle.
``(2) Any Department of Energy contractor employee making an
election under paragraph (1) who becomes entitled to workers'
compensation under the appropriate State workers' compensation system
following an election under that paragraph is not entitled to receive
workers compensation under this subtitle.
``(c) Funding.--The Secretary of Labor shall make payments of
workers compensation under this section from amounts authorized to be
appropriated for such purpose under section 3670.
``SEC. 3663. DETERMINATIONS REGARDING CONTRACTION OF OCCUPATIONAL OR
COVERED ILLNESSES.
``(a) Employees Covered by Previous Determination of Entitlement to
Compensation and Benefits.--(1) A Department of Energy contractor
employee who has been determined to be entitled to compensation and
benefits for an occupational illness contracted in the performance of
duty at a Department of Energy facility under subtitle B shall be
treated as having contracted the occupational illness through exposure
at the Department of Energy facility for purposes of this subtitle.
``(2) A determination, pursuant to activities under paragraph (2)
of section 3163(d) of the National Defense Authorization Act for Fiscal
Year 2005 before or during the period of transition of administration
of this subtitle to the Department of Labor under paragraph (1) of such
section, that an individual contracted an occupational illness through
exposure at a Department of Energy facility for purposes of this
subtitle shall be valid for purposes of this subtitle.
``(b) Other Employees.--In the case of a Department of Energy
contractor employee not previously covered by a determination described
in subsection (a) with respect to an occupational illness, the
Department of Energy contractor employee shall be determined to have
contracted an illness (in this subtitle referred to as a `covered
illness') through exposure at a Department of Energy facility for
purposes of this subtitle if--
``(1) it is at least as likely as not that exposure to a
toxic substance was a significant factor in aggravating,
contributing to, or causing the illness; and
``(2) it is at least as likely as not that the exposure to
such toxic substance was related to employment at a Department
of Energy facility.
``(c) Determinations Regarding Employees Not Previously Covered by
Determination of Entitlement.--(1) The Secretary of Labor shall make
each determination under subsection (b) as to whether or not a
Department of Energy contractor employee described in that subsection
contracted a covered illness related to employment at a Department of
Energy facility.
``(2) The Secretary may utilize the services of physicians for
purposes of making determinations under this subsection. Any physicians
so utilized shall possess appropriate expertise and experience in the
evaluation and diagnosis of illnesses aggravated, contributed to, or
caused by exposure to toxic substances.
``(3) The Secretary may secure the services of physicians under
this subsection through the appointment of physicians or by contract.
``(4) The Secretary shall consult with the Secretary of Health and
Human Services before utilizing the services of physicians for purposes
of making determinations under this subsection.
``SEC. 3664. AMOUNT OF WORKERS COMPENSATION.
``(a) In General.--The amount of workers compensation payable to a
covered Department of Energy contractor employee, or the eligible
survivors of a covered Department of Energy contractor employee, for an
occupational illness or covered illness under section 3662 is the
amount of workers' compensation to which the Department of Energy
contractor employee, or the eligible survivors, respectively, would
otherwise be entitled for the occupational illness or covered illness,
as the case may be, under the appropriate State workers' compensation
system.
``(b) Inapplicability of Certain State Workers' Compensation System
Limitations.--The amount of workers' compensation to which a covered
Department of Energy contractor employee would otherwise be entitled
under subsection (a) shall be determined without regard to any
requirements under the appropriate State workers' compensation system
for each of the following:
``(1) Statutes of limitation, or other rules limiting
compensation to claims filed within a specified period after
last exposure to a toxic substance or after last employment by
an employer where the employee was exposed to a toxic
substance.
``(2) Exposure rules, including minimum periods of exposure
to toxic substances.
``(3) Causation rules more stringent that the standard in
section 3663(b).
``(4) Burdens of proof, quantum of proof standards, or both
more stringent than the standard in section 3663(b).
``(5) Return to work requirements, including obligations to
participate in vocational rehabilitation and medical
examinations connected with the ability to return to work.
``(6) Medical examinations in addition to medical
examinations required by the Secretary of Labor for the
application of section 3663 in determining causation or
required by the Secretary of Labor for the application of
subsection (c) in determining the amount of workers'
compensation payable.
``(c) Determination of Amount.--(1) The Secretary of Labor shall
determine the amount of workers compensation payable to each covered
Department of Energy contractor employee under section 3662.
``(2)(A) The Secretary may utilize the assistance of the workers'
compensation system personnel of any State in making determinations
under paragraph (1).
``(B) The utilization of assistance under subparagraph (A) shall be
in accordance with an agreement entered into by the Secretary and the
chief executive officer of the State concerned.
``(C) An agreement under subparagraph (B) may provide for the
Secretary to reimburse the State concerned for the costs of the State
in providing assistance under the agreement.
``(3)(A) The Secretary may utilize the services of physicians for
purposes of making determinations under this subsection.
``(B) Any physicians utilized under subparagraph (A) shall possess
appropriate expertise and experience in the evaluation and
determination of the extent of permanent physical impairments.
``(C) The Secretary may secure the services of physicians under
subparagraph (A) through the appointment of physicians or by contract.
``SEC. 3665. MEDICAL BENEFITS.
``(a) In General.--A Department of Energy contractor employee
eligible for workers compensation for an occupational illness or
covered illness under this subtitle shall be furnished medical benefits
specified in section 3629 for the occupational illness or covered
illness, as the case may be, to the same extent, and under the same
conditions and limitations, as an individual eligible for medical
benefits under that section is furnished medical benefits under that
section.
``(b) Funding.--Amounts for payments for medical benefits under
this section shall be derived from amounts authorized to be
appropriated for such purpose under section 3670.
``SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS.
``(a) Status as Department of Energy Contractor Employee.--An
individual may seek the review of a determination that the individual
is not a Department of Energy contractor employee.
``(b) Eligibility and Amount of Workers Compensation.--A Department
of Energy contractor employee may seek the review of any determination
as follows:
``(1) A determination under section 3663(b) that the
Department of Energy contractor employee is not a covered
Department of Energy contractor employee.
``(2) A determination under 3664 of the amount of workers
compensation payable to the Department of Energy contractor
employee under section 3662.
``(c) Review.--(1) The review of a determination under subsection
(a) or (b) shall be conducted by the Secretary of Labor in accordance
with procedures applicable for the review of claims under sections
30.310 through 30.320 of title 20, Code of Federal Regulations, or any
successor regulations.
``(2)(A) The review of a determination under subsection (b)(1)
shall include review by a physician or physician panel.
``(B) Each physician or physician on a panel under subparagraph (A)
shall be a physician with experience and competency in diagnosing
illnesses aggravated, contributed to, or caused by exposure to toxic
substances.
``(C) The Secretary of Labor may investigate any allegation that a
physician appointed under this paragraph has a conflict of interest. If
the Secretary of Labor determines that a conflict of interest exists,
the Secretary shall notify the Secretary of Health and Human Services,
who shall review the allegation.
``(D) Each review by a physician or physician panel under
subparagraph (A) shall be conducted in accordance with such procedures
as the Secretary shall prescribe.
``(3)(A) The results of each review under this subsection shall be
submitted to the Secretary.
``(B) The Secretary shall accept the results of any portion of a
review under this subsection that consists of a review by a physician
or physician panel under paragraph (2) unless there is substantial
evidence to the contrary.
``(d) Reversal of Determinations.--Except as provided in subsection
(c)(3)(B), the Secretary of Labor may vacate or reverse any
determination described in subsection in subsection (a) or (b) if the
Secretary determines, as the result of a review of such determination
under subsection (c), that such determination was erroneous.
``SEC. 3667. ATTORNEY FEES.
``(a) In General.--Except as provided in subsection (b), the
provisions of section 3648 shall apply to the availability of attorney
fees for assistance on a claim under this subtitle to the same extent,
and subject to the same conditions and limitations, that such
provisions apply to the availability of attorney fees for assistance on
a claim under subtitle B.
``(b) Attorney Fee Schedule.--(1) The Secretary of Labor may, by
regulation, modify the application of section 3648 to the availability
of attorney fees under this subtitle to establish a schedule for
attorney fees under this subtitle that will ensure representation of
claimants and appropriate compensation for such representation.
``(2) The amount of attorney fees for assistance on claims under
the schedule of attorney fees shall take into appropriate account the
nature and complexity of the legal issues involved in such claims and
the procedural level at which assistance is given.
``SEC. 3668. ADMINISTRATIVE MATTERS.
``(a) In General.--The Secretary of Labor shall administer the
provisions of this subtitle.
``(b) Contract Authority.--(1) The Secretary may enter into
contracts with appropriate persons and entities in order to administer
the provisions of this subtitle.
``(2) The authority of the Secretary to enter into contracts under
this subtitle shall be effective in any fiscal year only to the extent
and in such amount as are provided in advance in appropriations Acts.
``(c) Records.--(1)(A) The Secretary of Energy shall provide to the
Secretary of Labor all records, files, and other data, whether paper,
electronic, imaged, or otherwise, developed by the Secretary of Energy
that are applicable to the administration of the provisions of this
subtitle by the Secretary of Labor, including records, files, and data
on facility industrial hygiene, employment of individuals or groups,
exposure and medical records, and claims applications.
``(B) In providing records, files, and other data under this
paragraph, the Secretary of Energy shall preserve the current
organization of such records, files, and other data, and shall provide
such description and indexing of such records, files, and other data as
the Secretary of Energy and the Secretary of Labor jointly consider
appropriate to facilitate their use by the Secretary of Labor for
purposes of this subtitle.
``(2) The Secretary of Energy and the Secretary of Labor shall
jointly undertake such actions as are appropriate to retrieve records
applicable to the claims of Department of Energy contractor employees
for workers compensation under this subtitle, including employment
records, records of exposure to beryllium, radiation, silicon, or
metals or volatile organic chemicals, and records regarding medical
treatment.
``(d) Regulations.--The Secretary of Labor shall prescribe
regulations necessary for the administration of the provisions of this
subtitle.
``SEC. 3669. OFFICE OF OMBUDSMAN.
``(a) Establishment.--There is established in the Department of
Labor an office to be known as the `Office of the Ombudsman' (in this
section referred to as the `Office').
``(b) Head.--The head of the Office shall be the Ombudsman. The
individual serving as Ombudsman shall be either of the following:
``(1) An officer or employee of the Department of Labor
designated by the Secretary for purposes of this section from
among officers and employees of the Department who have
experience and expertise necessary to carry out the duties of
the Office specified in subsection (c).
``(2) An individual employed by the Secretary from the
private sector from among individuals in the private sector who
have experience and expertise necessary to carry out the duties
of the Office specified in subsection (c).
``(c) Duties.--The duties of the Office shall be as follows:
``(1) To assist individuals in making claims under this
subtitle.
``(2) To provide information on the benefits available
under this subtitle and on the requirements and procedures
applicable to the provision of such benefits.
``(3) To act as an advocate on behalf of individuals
seeking benefits under this subtitle.
``(4) To make recommendations to the Secretary regarding
the location of centers (to be known as `resource centers') for
the acceptance and development of claims for benefits under
this subtitle.
``(5) To carry out such other duties with respect to this
subtitle as the Secretary shall specify for purposes of this
section.
``(d) Independent Office.--The Secretary shall take appropriate
actions to ensure the independence of the Office within the Department
of Labor, including independence from other officers and employees of
the Department engaged in activities relating to the administration of
the provisions of this subtitle.
``(e) Annual Report.--(1) Not later than February 15 each year, the
Ombudsman shall submit to Congress a report on activities under this
subtitle.
``(2) Each report under paragraph (1) shall set forth the
following:
``(A) The number and types of complaints, grievances, and
requests for assistance received by the Ombudsman under this
subtitle during the preceding year.
``(B) An assessment of the most common difficulties
encountered by claimants and potential claimants under this
subtitle during the preceding year.
``(C) Such recommendations as the Ombudsman considers
appropriate for the improvement of the practices of the
Department of Labor in administering this subtitle.
``(D) Such recommendations at the Ombudsman considers
appropriate for modifying the authorities and requirements of
this subtitle in order to better address the workers
compensation interests of covered Department of Energy
contractor employees and others, as determined by the
Ombudsman, meriting benefits under this subtitle.
``(3) No official of the Department of Labor, or of any other
department or agency of the Federal Government, may require the review
or approval of a report of the Ombudsman under this subsection before
the submittal of such report to Congress.
``(f) Outreach.--The Secretary of Labor and the Secretary of Health
and Human Services shall each undertake outreach to advise the public
of the existence and duties of the Office.
``SEC. 3670. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Labor for fiscal year 2005 and each
fiscal year thereafter such sums as may be necessary in such fiscal
year for--
``(1) the provision of compensation and benefits under this
subtitle; and
``(2) the administration of the provisions of this
subtitle.
``(b) Availability Without Fiscal Year Limitation.--Amounts
authorized to be appropriated by subsection (a) shall remain available
without fiscal year limitation.
``(c) Availability of Amounts Subject to Appropriations Acts.--The
authority to provide compensation and benefits under this subtitle
shall be effective in any fiscal year only to the extent and in such
amounts as are provided in advance in appropriations Acts.''.
(b) Conforming Amendment.--Section 3643 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385b)
is amended by striking ``The acceptance'' and inserting ``Except as
provided in subtitle D, the acceptance''.
(c) Regulations.--The Secretary of Labor shall prescribe the
regulations required by section 3668(d) of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended by
this section, not later than 120 days after the date of the enactment
of this Act. The Secretary may prescribe interim final regulations
necessary to meet the deadlines specified in the preceding sentence and
subsection (d)(1).
(d) Transition.--(1) The Secretary of Labor shall commence the
administration of the provisions of subtitle D of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended by
this section, not later than 180 days after the date of the enactment
of this Act.
(2) The Secretary of Energy and the Secretary of Labor shall
jointly take such actions as are appropriate--
(A) to identify the activities under subtitle D of the
Energy Employees Occupational Illness Compensation Program Act
of 2000, as in effect on the day before the date of the
enactment of this Act, that will continue under that subtitle,
as amended by this section, upon the commencement of the
administration of that subtitle, as so amended, by the
Secretary of Labor under paragraph (1); and
(B) to ensure the continued discharge of such activities
until the commencement of the administration of that subtitle,
as so amended, by the Secretary of Labor under paragraph (1).
(3)(A) In carrying out activities under paragraph (2), the
Secretary of Energy shall only conduct a causation review on a claim if
the claim is completely prepared and awaiting review as of the date of
the enactment of this Act.
(B) Activities under paragraph (2) on any claim covered by such
activities that is not described by subparagraph (A) shall be carried
out by the Secretary of Labor.
(e) Provision of Records.--The Secretary of Energy shall, to the
maximum extent practicable, complete the provision of records to the
Secretary of Labor under section 3668(c)(1) of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended by
this section, not later than 60 days after the date of the enactment of
this Act.
(f) Site Profiles.--(1)(A) The Secretary of Labor shall prepare a
site profile for each of the 14 Department of Energy facilities that
have received the most number of claims for compensation and benefits
under subtitle D of the Energy Employees Occupational Illness
Compensation Program Act of 2000 as of the date of the enactment of
this Act.
(B) The Secretary of Labor shall prepare a site profile under
subparagraph (A) utilizing the former worker medical screening programs
of the Department of Energy.
(2) If the Secretary of Labor determines that the preparation of a
site profile for a facility cannot be performed under paragraph (1)
because no worker medical screening activities occurred for the
facility, or that preparation of the profile is otherwise
impracticable, the site profile for the facility shall be prepared by
the National Institute of Occupational Safety and Health.
(3) All site profiles required by this subsection shall be
completed not later than 210 days after the date of the enactment of
this Act.
(4) The Secretary of Energy shall provide the Secretary of Labor
with any support that the Secretary of Labor considers necessary for
carrying out this subsection.
(5) In this subsection, the term ``site profile'', in the case of a
Department of Energy facility, means an exposure assessment that--
(A) identifies any processes and toxic substances used in
the facility;
(B) establishes the times in which such toxic substances
were used in the facility; and
(C) establishes the degree of exposure to such toxic
substances taking into account available records and studies
and information on such processes and toxic substances.
(g) Sense of Congress.--It is the sense of Congress that the
Secretary of Energy should--
(1) adopt a policy not to oppose any final positive
determinations with respect to injured workers at Department of
Energy facilities and atomic weapons employer facilities under
State adjudication systems unless such determinations are
frivolous; and
(2) incorporate the policy referred to in paragraph (1) in
all Department of Energy contracts with non-Federal government
entities to which such policy could apply.
(h) Funding for Administration in Fiscal Year 2005.--(1) Of the
amount authorized to be appropriated for fiscal year 2005 by section
3102(a)(1) for environmental management for defense site acceleration
completion, $2,000,000 shall be available for purposes of the
administration of the provisions of subtitle D of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended by
this section, during fiscal year 2005.
(2) The Secretary of Energy shall transfer to the Secretary of
Labor the amount available under paragraph (1) for the purposes
specified in that paragraph.
(3) The Secretary of Labor shall utilize amounts transferred to the
Secretary under paragraph (2) for the purposes specified in paragraph
(1).
SEC. 3154. TERMINATION OF EFFECT OF OTHER ENHANCEMENTS OF ENERGY
EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.
Notwithstanding any other provision of this Act, section 3143,
relating to enhancements of the Energy Employees Occupational Illness
Compensation Program, shall have no force or effect, and the amendments
specified in such section shall not be made.
SEC. 3155. SENSE OF SENATE ON RESOURCE CENTER FOR ENERGY EMPLOYEES
UNDER ENERGY EMPLOYEE OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM IN WESTERN NEW YORK AND WESTERN PENNSYLVANIA
REGION.
(a) Findings.--The Senate makes the following findings:
(1) New York has 36 current or former Department of Energy
facilities involved in nuclear weapons production-related
activities statewide, mostly atomic weapons employer
facilities, and 14 such facilities in western New York. Despite
having one of the greatest concentrations of such facilities in
the United States, western New York, and abutting areas of
Pennsylvania, continue to be severely underserved by the Energy
Employees Occupational Illness Compensation Program under the
Energy Employees Occupational Illness Compensation Program Act
of 2000 (title XXXVI of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398); 42 U.S.C. 7384 et seq.).
(2) The establishment of a permanent resource center in
western New York would represent a substantial step toward
improving services under the Energy Employees Occupational
Illness Compensation Program for energy employees in this
region.
(3) The number of claims submitted to the Department under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 from the western New York
region, including western Pennsylvania, exceeds the number of
such claims filed at resource centers in Hanford, Washington,
Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test Site,
Nevada, the Rocky Flats Environmental Technology Site,
Colorado, the Idaho National Engineering Laboratory, Idaho, and
the Amchitka Test Site, Alaska.
(4) Energy employees in the western New York region,
including western Pennsylvania, deserve assistance under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 commensurate with the
assistance provided energy employees at other locations in the
United States.
(b) Sense of Senate.--It is the sense of the Senate to encourage
the Office of Ombudsman of the Department of Labor, as established by
section 3669 of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (as amended by section 3163 of this Act), to--
(1) review the availability of assistance under subtitle B
of the Energy Employees Occupational Illness Compensation
Program Act of 2000 for energy employees in the western New
York region, including western Pennsylvania; and
(2) recommend a location in that region for a resource
center to provide such assistance to such energy employees.
SEC. 3156. REVIEW BY CONGRESS OF INDIVIDUALS DESIGNATED BY PRESIDENT AS
MEMBERS OF COHORT.
Section 3621(14)(C)(ii) of that Act (42 U.S.C. 10 7384l(14)(C)(ii))
is amended by striking ``180 days'' and inserting ``60 days.''
SEC. 3157. INCLUSION OF CERTAIN FORMER NUCLEAR WEAPONS PROGRAM WORKERS
IN SPECIAL EXPOSURE COHORT UNDER THE ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Energy workers at the former Mallinkrodt facilities
(including the St. Louis downtown facility and the Weldon
Springs facility) were exposed to levels of radionuclides and
radioactive materials that were much greater than the current
maximum allowable Federal standards.
(2) The Mallinkrodt workers at the St. Louis site were
exposed to excessive levels of airborne uranium dust relative
to the standards in effect during the time, and many workers
were exposed to 200 times the preferred levels of exposure.
(3)(A) The chief safety officer for the Atomic Energy
Commission during the Mallinkrodt-St. Louis operations
described the facility as 1 of the 2 worst plants with respect
to worker exposures.
(B) Workers were excreting in excess of a milligram of
uranium per day causing kidney damage.
(C) A recent epidemiological study found excess levels of
nephritis and kidney cancer from inhalation of uranium dusts.
(4) The Department of Energy has admitted that those
Mallinkrodt workers were subjected to risks and had their
health endangered as a result of working with these highly
radioactive materials.
(5) The Department of Energy reported that workers at the
Weldon Springs feed materials plant handled plutonium and
recycled uranium, which are highly radioactive.
(6) The National Institute of Occupational Safety and
Health admits that--
(A) the operations at the St. Louis downtown site
consisted of intense periods of processing extremely
high levels of radionuclides; and
(B) the Institute has virtually no personal
monitoring data for Mallinkrodt workers prior to 1948.
(7) The National Institute of Occupational Safety and
Health has informed claimants and their survivors at those 3
Mallinkrodt sites that if they are not interviewed as a part of
the dose reconstruction process, it--
(A) would hinder the ability of the Institute to
conduct dose reconstruction for the claimant; and
(B) may result in a dose reconstruction that
incompletely or inaccurately estimates the radiation
dose to which the energy employee named in the claim
had been exposed.
(8) Energy workers at the Iowa Army Ammunition Plant (also
known as the Burlington Atomic Energy Commission Plant and the
Iowa Ordnance Plant) between 1947 and 1975 were exposed to
levels of radionuclides and radioactive material, including
enriched uranium, plutonium, tritium, and depleted uranium, in
addition to beryllium and photon radiation, that are greater
than the current maximum Federal standards for exposure.
(9) According to the National Institute of Occupational
Safety and Health--
(A) between 1947 and 1975, no records, including
bioassays or air samples, have been located that
indicate any monitoring occurred of internal doses of
radiation to which workers described in paragraph (8)
were exposed;
(B) between 1947 and 1955, no records, including
dosimetry badges, have been located to indicate that
any monitoring occurred of the external doses of
radiation to which such workers were exposed;
(C) between 1955 and 1962, records indicate that
only 8 to 23 workers in a workforce of over 1,000 were
monitored for external radiation doses; and
(D) between 1970 and 1975, the high point of
screening at the Iowa Army Ammunition Plant, only 25
percent of the workforce was screened for exposure to
external radiation.
(10) The Department of Health and Human Services published
the first notice of proposed rulemaking concerning the Special
Exposure Cohort on June 25, 2002, and the final rule published
on May 26, 2004.
(11) Many of those former workers have died while waiting
for the proposed rule to be finalized, including some claimants
who were waiting for dose reconstruction to be completed.
(12) Because of the aforementioned reasons, including the
serious lack of records and the death of many potential
claimants, it is not feasible to conduct valid dose
reconstructions for the Iowa Army Ammunition Plant facility or
the Mallinkrodt facilities.
(b) Inclusion of Certain Former Workers in Cohort.--Section
3621(14) of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (title XXXVI of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398); 42 U.S.C. 7384l(14)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Subject to the provisions of section 3612A
and section 3146(e) of the National Defense
Authorization Act for Fiscal Year 2005, the employee
was so employed for a number of work days aggregating
at least 45 workdays at a facility operated under
contract to the Department of Energy by Mallinkrodt
Incorporated or its successors (including the St. Louis
downtown or `Destrehan' facility during any of calendar
years 1942 through 1958 and the Weldon Springs feed
materials plant facility during any of calendar years
1958 through 1966), or at a facility operated by the
Department of Energy or under contract by Mason &
Hangar-Silas Mason Company at the Iowa Army Ammunition
Plant (also known as the Burlington Atomic Energy
Commission Plant and the Iowa Ordnance Plant) during
any of the calendar years 1947 through 1975, and during
the employment--
``(i)(I) was monitored through the use of
dosimetry badges for exposure at the plant of
the external parts of an employee's body to
radiation; or
``(II) was monitored through the use of
bioassays, in vivo monitoring, or breath
samples for exposure at the plant to internal
radiation; or
``(ii) worked in a job that had exposures
comparable to a job that is monitored, or
should have been monitored, under standards of
the Department of Energy in effect on the date
of enactment of this subparagraph through the
use of dosimetry badges for monitoring external
radiation exposures, or bioassays, in vivo
monitoring, or breath samples for internal
radiation exposures, at a facility.''.
(c) Funding of Compensation and Benefits.--(1) Such Act is further
amended by inserting after section 3612 the following new section:
``SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS FOR CERTAIN MEMBERS
OF THE SPECIAL EXPOSURE COHORT.
``(a) Authorization of Appropriations.--There is hereby authorized
to be appropriated to the Department of Labor for each fiscal year
after fiscal year 2004 such sums as may be necessary for the provision
of compensation and benefits under the compensation program for members
of the Special Exposure Cohort described in section 3621(14)(C) in such
fiscal year.
``(b) Prohibition on Use for Administrative Costs.--(1) No amount
authorized to be appropriated by subsection (a) may be utilized for
purposes of carrying out the compensation program for the members of
the Special Exposure Cohort referred to in that subsection or
administering the amount authorized to be appropriated by subsection
(a).
``(2) Amounts for purposes described in paragraph (1) shall be
derived from amounts authorized to be appropriated by section 3614(a).
``(c) Provision of Compensation and Benefits Subject to
Appropriations Acts.--The provision of compensation and benefits under
the compensation program for members of the Special Exposure Cohort
referred to in subsection (a) in any fiscal year shall be subject to
the availability of appropriations for that purpose for such fiscal
year and to applicable provisions of appropriations Acts.''.
(2) Section 3612(d) of such Act (42 U.S.C. 7384e(d)) is amended--
(A) by inserting ``(1)'' before ``Subject''; and
(B) by adding at the end the following new paragraph:
``(2) Amounts for the provision of compensation and benefits under
the compensation program for members of the Special Exposure Cohort
described in section 3621(14)(C) may be derived from amounts authorized
to be appropriated by section 3612A(a).''.
(d) Offset.--The total amount authorized to be appropriated under
subtitle A of this title is hereby reduced by $61,000,000.
(e) Certification.--Funds shall be available to pay claims approved
by the National Institute of Occupational Safety and Health for a
facility by reason of section 3621(14)(C) of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended by
subsection (b)(2), if the Director of the National Institute of
Occupational Safety and Health certifies with respect to such facility
each of the following:
(1) That no atomic weapons work or related work has been
conducted at such facility after 1976.
(2) That fewer than 50 percent of the total number of
workers engaged in atomic weapons work or related work at such
facility were accurately monitored for exposure to internal and
external ionizing radiation during the term of their
employment.
(3) That individual internal and external exposure records
for employees at such facility are not available, or the
exposure to radiation of at least 40 percent of the exposed
workers at such facility cannot be determined from the
individual internal and external exposure records that are
available.
(f) Sense of the Senate.--It is the sense of the Senate that all
employees who are eligible to apply for benefits under the compensation
program established by the Energy Employees Occupational Illness
Compensation Act should be treated fairly and equitably with regard to
inclusion under the special exposure cohort provisions of this Act.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2005,
$21,268,000 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. DISPOSAL OF FERROMANGANESE.
(a) Disposal Authorized.--The Secretary of Defense may dispose of
up to 50,000 tons of ferromanganese from the National Defense Stockpile
during fiscal year 2005.
(b) Contingent Authority for Additional Disposal.--After the
disposal of ferromanganese authorized by subsection (a)--
(1) the Secretary may dispose of up to an additional 25,000
tons of ferromanganese from the National Defense Stockpile
before September 30, 2005; and
(2) if the Secretary completes the disposal authorized by
paragraph (1) before September 30, 2005, the Secretary may
dispose of up to an additional 25,000 tons of ferromanganese
from the National Defense Stockpile before that date.
(c) Certification.--The Secretary may dispose of ferromanganese
under paragraph (1) or (2) of subsection (b) only if the Secretary,
with the concurrence of the Secretary of Commerce, certifies to the
congressional defense committees not later than 30 days before the
commencement of disposal under the applicable paragraph that--
(1) the disposal of ferromanganese under such paragraph is
in the national interest due to extraordinary circumstances in
markets for ferromanganese;
(2) the disposal of ferromanganese under such paragraph
will not cause undue harm to domestic manufacturers of
ferroalloys; and
(3) the disposal of ferromanganese under such paragraph is
consistent with the requirements and purpose of the National
Defense Stockpile under the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98 et seq.).
(d) Delegation of Responsibility.--The Secretary of Defense and the
Secretary of Commerce may each delegate the responsibility of such
Secretary under subsection (c) to an appropriate official within the
Department of Defense or the Department of Commerce, as the case may
be.
(e) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR CERTAIN
PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE
STOCKPILE.
Section 3303(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 98d note) is
amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) $870,000,000 by the end of fiscal year 2014.''.
SEC. 3303. PROHIBITION ON STORAGE OF MERCURY AT CERTAIN FACILITIES.
(a) Prohibition.--The Secretary of Defense may not store mercury
from the National Defense Stockpile at any facility that is not owned
or leased by the United States.
(b) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
TITLE XXXIV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT.
SEC. 3401. SHORT TITLE.
This title may be cited as the ``Local Law Enforcement Enhancement
Act of 2004''.
SEC. 3402. FINDINGS.
Congress makes the following findings:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, or disability of the victim poses a serious
national problem.
(2) Such violence disrupts the tranquility and safety of
communities and is deeply divisive.
(3) State and local authorities are now and will continue
to be responsible for prosecuting the overwhelming majority of
violent crimes in the United States, including violent crimes
motivated by bias. These authorities can carry out their
responsibilities more effectively with greater Federal
assistance.
(4) Existing Federal law is inadequate to address this
problem.
(5) The prominent characteristic of a violent crime
motivated by bias is that it devastates not just the actual
victim and the family and friends of the victim, but frequently
savages the community sharing the traits that caused the victim
to be selected.
(6) Such violence substantially affects interstate commerce
in many ways, including--
(A) by impeding the movement of members of targeted
groups and forcing such members to move across State
lines to escape the incidence or risk of such violence;
and
(B) by preventing members of targeted groups from
purchasing goods and services, obtaining or sustaining
employment, or participating in other commercial
activity.
(7) Perpetrators cross State lines to commit such violence.
(8) Channels, facilities, and instrumentalities of
interstate commerce are used to facilitate the commission of
such violence.
(9) Such violence is committed using articles that have
traveled in interstate commerce.
(10) For generations, the institutions of slavery and
involuntary servitude were defined by the race, color, and
ancestry of those held in bondage. Slavery and involuntary
servitude were enforced, both prior to and after the adoption
of the 13th amendment to the Constitution of the United States,
through widespread public and private violence directed at
persons because of their race, color, or ancestry, or perceived
race, color, or ancestry. Accordingly, eliminating racially
motivated violence is an important means of eliminating, to the
extent possible, the badges, incidents, and relics of slavery
and involuntary servitude.
(11) Both at the time when the 13th, 14th, and 15th
amendments to the Constitution of the United States were
adopted, and continuing to date, members of certain religious
and national origin groups were and are perceived to be
distinct ``races''. Thus, in order to eliminate, to the extent
possible, the badges, incidents, and relics of slavery, it is
necessary to prohibit assaults on the basis of real or
perceived religions or national origins, at least to the extent
such religions or national origins were regarded as races at
the time of the adoption of the 13th, 14th, and 15th amendments
to the Constitution of the United States.
(12) Federal jurisdiction over certain violent crimes
motivated by bias enables Federal, State, and local authorities
to work together as partners in the investigation and
prosecution of such crimes.
(13) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in nature as
to warrant Federal assistance to States and local
jurisdictions.
SEC. 3403. DEFINITION OF HATE CRIME.
In this title, the term ``hate crime'' has the same meaning as in
section 280003(a) of the Violent Crime Control and Law Enforcement Act
of 1994 (28 U.S.C. 994 note).
SEC. 3404. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY
STATE AND LOCAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance.--
(1) In general.--At the request of a law enforcement
official of a State or Indian tribe, the Attorney General may
provide technical, forensic, prosecutorial, or any other form
of assistance in the criminal investigation or prosecution of
any crime that--
(A) constitutes a crime of violence (as defined in
section 16 of title 18, United States Code);
(B) constitutes a felony under the laws of the
State or Indian tribe; and
(C) is motivated by prejudice based on the race,
color, religion, national origin, gender, sexual
orientation, or disability of the victim, or is a
violation of the hate crime laws of the State or Indian
tribe.
(2) Priority.--In providing assistance under paragraph (1),
the Attorney General shall give priority to crimes committed by
offenders who have committed crimes in more than 1 State and to
rural jurisdictions that have difficulty covering the
extraordinary expenses relating to the investigation or
prosecution of the crime.
(b) Grants.--
(1) In general.--The Attorney General may award grants to
assist State, local, and Indian law enforcement officials with
the extraordinary expenses associated with the investigation
and prosecution of hate crimes.
(2) Office of justice programs.--In implementing the grant
program, the Office of Justice Programs shall work closely with
the funded jurisdictions to ensure that the concerns and needs
of all affected parties, including community groups and
schools, colleges, and universities, are addressed through the
local infrastructure developed under the grants.
(3) Application.--
(A) In general.--Each State that desires a grant
under this subsection shall submit an application to
the Attorney General at such time, in such manner, and
accompanied by or containing such information as the
Attorney General shall reasonably require.
(B) Date for submission.--Applications submitted
pursuant to subparagraph (A) shall be submitted during
the 60-day period beginning on a date that the Attorney
General shall prescribe.
(C) Requirements.--A State or political subdivision
of a State or tribal official applying for assistance
under this subsection shall--
(i) describe the extraordinary purposes for
which the grant is needed;
(ii) certify that the State, political
subdivision, or Indian tribe lacks the
resources necessary to investigate or prosecute
the hate crime;
(iii) demonstrate that, in developing a
plan to implement the grant, the State,
political subdivision, or tribal official has
consulted and coordinated with nonprofit,
nongovernmental victim services programs that
have experience in providing services to
victims of hate crimes; and
(iv) certify that any Federal funds
received under this subsection will be used to
supplement, not supplant, non-Federal funds
that would otherwise be available for
activities funded under this subsection.
(4) Deadline.--An application for a grant under this
subsection shall be approved or disapproved by the Attorney
General not later than 30 business days after the date on which
the Attorney General receives the application.
(5) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single jurisdiction within a 1 year
period.
(6) Report.--Not later than December 31, 2005, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this subsection, the
award of such grants, and the purposes for which the grant
amounts were expended.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2005 and 2006.
SEC. 3405. GRANT PROGRAM.
(a) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall award grants, in accordance with such
regulations as the Attorney General may prescribe, to State and local
programs designed to combat hate crimes committed by juveniles,
including programs to train local law enforcement officers in
identifying, investigating, prosecuting, and preventing hate crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 3406. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, for fiscal years 2005, 2006, and 2007 such sums as
are necessary to increase the number of personnel to prevent and
respond to alleged violations of section 249 of title 18, United States
Code, as added by section __07.
SEC. 3407. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 249. Hate crime acts
``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an explosive
or incendiary device, attempts to cause bodily injury to any
person, because of the actual or perceived race, color,
religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years,
fined in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or
for life, fined in accordance with this title, or both,
if--
``(i) death results from the offense; or
``(ii) the offense includes kidnaping or an
attempt to kidnap, aggravated sexual abuse or
an attempt to commit aggravated sexual abuse,
or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, or disability.--
``(A) In general.--Whoever, whether or not acting
under color of law, in any circumstance described in
subparagraph (B), willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an
explosive or incendiary device, attempts to cause
bodily injury to any person, because of the actual or
perceived religion, national origin, gender, sexual
orientation, or disability of any person--
``(i) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
``(ii) shall be imprisoned for any term of
years or for life, fined in accordance with
this title, or both, if--
``(I) death results from the
offense; or
``(II) the offense includes
kidnaping or an attempt to kidnap,
aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or
an attempt to kill.
``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph
(A) occurs during the course of, or as the
result of, the travel of the defendant or the
victim--
``(I) across a State line or
national border; or
``(II) using a channel, facility,
or instrumentality of interstate or
foreign commerce;
``(ii) the defendant uses a channel,
facility, or instrumentality of interstate or
foreign commerce in connection with the conduct
described in subparagraph (A);
``(iii) in connection with the conduct
described in subparagraph (A), the defendant
employs a firearm, explosive or incendiary
device, or other weapon that has traveled in
interstate or foreign commerce; or
``(iv) the conduct described in
subparagraph (A)--
``(I) interferes with commercial or
other economic activity in which the
victim is engaged at the time of the
conduct; or
``(II) otherwise affects interstate
or foreign commerce.
``(b) Certification Requirement.--No prosecution of any offense
described in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or any
Assistant Attorney General specially designated by the Attorney General
that--
``(1) he or she has reasonable cause to believe that the
actual or perceived race, color, religion, national origin,
gender, sexual orientation, or disability of any person was a
motivating factor underlying the alleged conduct of the
defendant; and
``(2) he or his designee or she or her designee has
consulted with State or local law enforcement officials
regarding the prosecution and determined that--
``(A) the State does not have jurisdiction or does
not intend to exercise jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the State does not object to the Federal
Government assuming jurisdiction; or
``(D) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence.
``(c) Definitions.--In this section--
``(1) the term `explosive or incendiary device' has the
meaning given the term in section 232 of this title; and
``(2) the term `firearm' has the meaning given the term in
section 921(a) of this title.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
13 of title 18, United States Code, is amended by adding at the end the
following:
``249. Hate crime acts.''.
SEC. 3408. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) Amendment of Federal Sentencing Guidelines.--Pursuant to the
authority provided under section 994 of title 28, United States Code,
the United States Sentencing Commission shall study the issue of adult
recruitment of juveniles to commit hate crimes and shall, if
appropriate, amend the Federal sentencing guidelines to provide
sentencing enhancements (in addition to the sentencing enhancement
provided for the use of a minor during the commission of an offense)
for adult defendants who recruit juveniles to assist in the commission
of hate crimes.
(b) Consistency With Other Guidelines.--In carrying out this
section, the United States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other
Federal sentencing guidelines; and
(2) avoid duplicative punishments for substantially the
same offense.
SEC. 3409. STATISTICS.
Subsection (b)(1) of the first section of the Hate Crimes
Statistics Act (28 U.S.C. 534 note) is amended by inserting ``gender,''
after ``race,''.
SEC. 3410. SEVERABILITY.
If any provision of this title, an amendment made by this title, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this
title, the amendments made by this title, and the application of the
provisions of such to any person or circumstance shall not be affected
thereby.
TITLE XXXV--ASSISTANCE TO FIREFIGHTERS.
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Assistance to Firefighters Act of
2004''.
SEC. 3502. AUTHORITY OF SECRETARY OF HOMELAND SECURITY FOR FIREFIGHTER
ASSISTANCE PROGRAM.
(a) In General.--Subsection (b)(1) of section 33 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended by
striking ``Director'' in the matter preceding subparagraph (A) and
inserting ``Secretary of Homeland Security, in consultation with the
Administrator,''.
(b) Conforming Amendment.--Such section is further amended by
striking ``Director'' each place it appears and inserting ``Secretary
of Homeland Security''.
(c) Technical Amendment.--The heading of subsection (b)(8) of such
section is amended by striking ``Director'' and inserting
``Secretary''.
SEC. 3503. GRANTS TO VOLUNTEER EMERGENCY MEDICAL SERVICE ORGANIZATIONS.
(a) Authority To Award Grants to Volunteer Emergency Medical
Service Squads.--Paragraph (1)(A) of section 33(b) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended by
inserting ``or to volunteer emergency medical service organizations''
after ``fire departments''.
(b) Use of Grant Funds.--Paragraph (3)(F) of such section is
amended by inserting ``or volunteer emergency medical service
organizations that are not affiliated with a for-profit entity'' after
``fire departments''.
(c) Special Rule for Applications for Volunteer Emergency Medical
Services.--Paragraph (5) of such section is amended by adding at the
end, the following new subparagraph:
``(C) Special rule for volunteer emergency medical
services.--The Secretary of Homeland Security shall
permit an applicant seeking grant funds for volunteer
emergency medical services under paragraph (3)(F) to
use the same application form to seek grant funds for
one or more of the other purposes set out in
subparagraphs (A) through (O) of paragraph (3).''.
SEC. 3504. GRANTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR DEVICES.
Paragraph (3) of section 33(b) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(b)) is amended by adding at the end
the following new subparagraph:
``(O) To obtain automated external defibrillator
devices.''.
SEC. 3405. CRITERIA FOR REVIEWING GRANT APPLICATIONS.
Paragraph (2) of section 33(b) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(b)) is amended to read as follows:
``(2) Criteria and review of applications.--
``(A) Preliminary review criteria.--
``(i) In general.--The Secretary of
Homeland Security shall establish specific
criteria for the preliminary review of an
application submitted under this section. If an
application does not meet such criteria, the
application may not receive further
consideration for a grant under this section.
``(ii) Annual review of criteria.--Not less
often than once each year, the Secretary of
Homeland Security, in consultation with the
Administrator, shall convene a meeting of
individuals who are members of a fire service
and are recognized for expertise in
firefighting or in emergency medical services
provided by fire services, and who are not
employees of the Federal Government for the
purpose of reviewing and proposing changes to
the criteria established under clause (i).
``(B) Selection through review by experts.--
``(i) Requirement for review.--The
Secretary of Homeland Security shall award
grants under this section based on the review
of applications for such grants by a panel of
fire service personnel appointed by a national
organization recognized for expertise in the
operation and administration of fire services.
``(ii) Role of the secretary.--The
Secretary of Homeland Security shall provide
for the administration of the review panel
described in clause (i) and shall ensure that
an individual appointed to such panel is a
recognized expert in firefighting, medical
services provided by fire services, fire
prevention, or research on firefighter
safety.''.
SEC. 3506. FINANCIAL ASSISTANCE FOR FIREFIGHTER SAFETY PROGRAMS.
(a) Authority.--Paragraph (1)(B) of section 33(b) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended
by inserting ``and firefighter safety'' after ``prevention''.
(b) Expansion of Existing Program.--
(1) Firefighter safety assistance.--Paragraph (4) of such
section is amended--
(A) in subparagraph (A)(ii), by striking
``organizations that are recognized'' and all that
follows and inserting ``organizations eligible under
subparagraph (B) for the purposes described in
subparagraph (C).''; and
(B) by striking subparagraph (B), and inserting the
following new subparagraphs:
``(B) Eligibility for assistance.--An organization
may be eligible for assistance under subparagraph
(A)(ii), if such organization is a national, State,
local, or community organization that is not a fire
service and that is recognized for experience and
expertise with respect to programs and activities that
promote--
``(i) fire prevention or fire safety; or
``(ii) the health and safety of
firefighting personnel.
``(C) Use of funds.--Assistance provided under
subparagraph (A)(ii) shall be used--
``(i) to carry out fire prevention
programs; or
``(ii) to fund research to improve the
health and safety of firefighting personnel.
``(D) Priority.--In selecting organizations
described in subparagraph (B) to receive assistance
under this paragraph, the Secretary of Homeland
Security shall give priority--
``(i) to organizations that focus on
preventing injuries from fire to members of
groups at high risk of such injuries, with an
emphasis on children; and
``(ii) to organizations that focus on
researching methods to improve the health and
safety of firefighting personnel.
``(E) Allocation of funds.--Not less than 66
percent of the total amount of funds made available in
a fiscal year to carry out this paragraph shall be made
available of the programs described in subparagraph
(A)(ii).''.
(2) Conforming amendment.--The heading of such paragraph is
amended to read as follows:
``(4) Fire prevention and firefighter safety programs.--''.
(c) Availability of Funds for Fire Prevention and Firefighter
Safety Programs.--Paragraph (4)(A) of such section, as amended by
subsection (b), is further amended in the matter preceding clause (i),
by striking ``5 percent'' and inserting ``6 percent''.
SEC. 3507. ASSISTANCE FOR APPLICATIONS.
Paragraph (5) of section 33(b) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(b)), as amended by section 3(c), is
further amended by adding at the end the following new subparagraph:
``(D) Assistance to prepare an application.--The
Secretary of Homeland Security shall provide assistance
with the preparation of applications for grants under
this section.''.
SEC. 3508. REDUCED REQUIREMENTS FOR MATCHING FUNDS.
(a) Amount Required.--Paragraph (6) of section 33(b) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended
by striking subparagraphs (A) and (B) and inserting the following:
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary of Homeland Security may provide
assistance under this subsection only if the applicant
for such assistance agrees to match 20 percent of such
assistance for any fiscal year with an equal amount of
non-Federal funds.
``(B) Requirement for small community
organizations.--In the case of an applicant whose
personnel--
``(i) serve jurisdictions of 50,000 or
fewer residents, the percent applied under the
matching requirement of subparagraph (A) shall
be 10 percent; or
``(ii) serve jurisdictions of 20,000 or
fewer residents, the percent applied under the
matching requirement of subparagraph (A) shall
be 5 percent.''.
(b) Exception.--Such paragraph, as amended by subsection (a), is
further amended by adding at the end the following new subparagraph:
``(C) Exception.--No matching funds may be required
under this subsection for assistance provided under
subparagraph (A)(ii) of paragraph (4) to an
organization described in subparagraph (B) of such
paragraph.''.
(c) Special Rule for Requests for Automated External Defibrillator
Devices.--Section 33(b) of such Act is further amended by adding at the
end the following new paragraph:
``(13) Special rules for grants for automated external
defibrillator devices.--
``(A) Limitations.--The Secretary of Homeland
Security shall reduce the percentage of non-Federal
matching funds for a grant as described in subparagraph
(B) if--
``(i) the applicant is requesting grant
funds to obtain one or more automated external
defibrillator devices, as authorized by
paragraph (3)(O);
``(ii) the award of such grant will result
in the applicant possessing exactly one such
device for each first-due emergency vehicle
operated by the applicant;
``(iii) the applicant certifies to the
Secretary of Homeland Security that the
applicant possesses, at the time such
application is filed, a number of such devices
that is less than the number of first-due
emergency vehicles operated by the applicant
and that the applicant is capable of storing,
in a manner conducive to rapid use, such
devices on each such vehicle; and
``(iv) the applicant has not previously
received a grant under this subsection to
obtain such devices.
``(B) Matching requirements.--If an applicant meets
the criteria set out in clauses (i), (ii), (iii), and
(iv) of subparagraph (A), the Secretary of Homeland
Security shall reduce the percentage of non-Federal
matching funds required by paragraph (6) by 2
percentage points for all assistance requested in the
application submitted by such applicant.
``(C) First-due defined.--In this paragraph, the
term `first-due' means the firefighting and emergency
medical services vehicles that are utilized by a fire
service for immediate response to an emergency
situation.''.
SEC. 3509. GRANT RECIPIENT LIMITATIONS.
(a) Limitations on Grant Amounts.--Subparagraph (A) of section
33(b)(10) of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229(b)(10)) is amended to read as follows:
``(A) Limitations on grant amount.--
``(i) General limitation.--Subject to
clause (ii), a recipient of assistance under
this section may not receive in a fiscal year
an amount of such assistance that exceeds the
greater of $2,250,000 or the amount equal to
0.5 percent of the total amount of funds
appropriated for such assistance for such
fiscal year.
``(ii) Limitations on basis of
population.--Subject to clause (iii), a
recipient of assistance under this section that
serves a jurisdiction of less than 1,000,000
individuals may not receive more than
$1,500,000 of such assistance for a fiscal
year, except that such a recipient that serves
a jurisdiction of less than 500,000 individuals
may not receive more than $1,000,000 of such
assistance during a fiscal year.
``(iii) Waiver.--With respect to assistance
provided in a fiscal year before fiscal year
2007, the Secretary of Homeland Security, in
consultation with the Administrator, may waive
the limitations set out in clause (ii) if the
Secretary determines that a waiver is warranted
by an extraordinary need for assistance for
fire suppression activities by a jurisdiction,
whether such need is caused by the likelihood
of terrorist attack, natural disaster,
destructive fires occurring over a large
geographic area, or some other cause.''.
(b) Limitations on Grants for Volunteer Emergency Medical
Services.--Such section, as amended by subsection (a), is further
amended by adding at the end the following new subparagraph:
``(C) Limitations on expenditures for volunteer
emergency medical services.--Not more than 3.5 percent
of the funds appropriated to provide grants under this
section for a fiscal year may be awarded to volunteer
emergency medical service organizations.''.
SEC. 3510. OTHER CONSIDERATIONS.
Section 33(b) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229(b)), as amended by section 8, is amended by adding
at the end the following new paragraph:
``(14) Other considerations.--In providing assistance under
this section, the Secretary of Homeland Security shall--
``(A) consider the extent to which the recipient of
such assistance is able to enhance the daily operations
of a fire service and to improve the protection of
people and property from fire; and
``(B) ensure that such assistance awarded to a
volunteer emergency medical service organization will
not be used to provide emergency medical services in a
geographic area if such services are adequately
provided by a fire service in such area.''.
SEC. 3511. REPORTS TO CONGRESS.
(a) Study and Report on Assistance to Firefighters.--
(1) Study.--The Secretary, in conjunction with the National
Fire Protection Association, shall conduct a study--
(A) to assess the types of activities that are
carried out by fire services;
(B) to determine whether the level of Federal
funding made available to fire services is adequate;
(C) to assess categories of services, including
emergency medical services, that are not adequately
provided by fire services on either the national or
State level; and
(D) to measure the effect, if any, of the
assistance provided under section 33 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C.
2229) on the needs of fire services identified in the
report submitted to Congress under section 1701(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-363).
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the findings of the study described in paragraph (1).
(b) Report by GAO.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on--
(1) the administration of the assistance provided under
section 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229); and
(2) the success of the Secretary in administering the
Federal Emergency Management Agency.
(c) Report on Waiver of Amount Limitations.--Not later than 18
months after the date of the enactment of this Act, the Secretary shall
submit to Congress a report on the instances, if any, of the use of the
waiver authority set out in section 33(b)(10)(A)(iii) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(b)(10)(A)(iii)), as added by section 9.
(d) Definitions.--In this section:
(1) Fire service.--The term ``fire service'' has the
meaning given that term in section 4 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2203).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3512. TECHNICAL CORRECTIONS.
(a) Repeal of Duplicative Definition.--Subsection (d) of section 33
of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229)
is repealed.
(b) Redesignations Necessitated by Duplicative Numbering.--The
sections 33 and 34 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2230 and 2231) that were added by sections 105 and 106
of Public Law 106-503 (114 Stat. 2301) are redesignated as sections 34
and 35, respectively.
SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.
(a) Firefighter Assistance Programs.--Section 33(e) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(e)) is amended
by striking the first sentence and inserting ``There are authorized to
be appropriated for the purposes of this section $900,000,000 for
fiscal year 2005, $950,000,000 for fiscal year 2006, and $1,000,000,000
for each of the fiscal years 2007 through 2010.''.
(b) Study on Assistance to Firefighters.--There are authorized to
be appropriated to the Secretary of Homeland Security $300,000 for
fiscal year 2005 to carry out the requirements of section 4011(a).
Attest:
Secretary.
108th CONGRESS
2d Session
H. R. 4200
_______________________________________________________________________
AMENDMENT