    [Congressional Bills 108th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 4200 Enrolled Bill (ENR)]

            H.R.4200

                           One Hundred Eighth Congress

                                     of the

                            United States of America

                              AT THE SECOND SESSION

              Begun and held at the City of Washington on Tuesday,
               the twentieth day of January, two thousand and four

                                     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.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``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. Multiyear procurement authority for the light weight 155-
              millimeter howitzer program.
    Sec. 112. Light utility helicopter program.

                            Subtitle C--Navy Programs

    Sec. 121. DDG-51 modernization program.
    Sec. 122. Repeal of authority for pilot program for flexible funding of
              cruiser conversions and overhauls.
    Sec. 123. LHA(R) amphibious assault ship program.

                         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. Aerial refueling aircraft acquisition program.

                            Subtitle E--Other Matters

    Sec. 141. Development of deployable systems to include consideration of
              force protection in asymmetric threat environments.
    Sec. 142. Allocation of equipment authorized by this title to units
              deployed, or to be deployed, to Operation Iraqi Freedom or
              Operation Enduring Freedom.
    Sec. 143. Report on options for acquisition of precision-guided
              munitions.

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

                   Subtitle A--Authorization of Appropriations

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

         Subtitle B--Program Requirements, Restrictions, and Limitations

    Sec. 211. Future Combat Systems program strategy.
    Sec. 212. Collaborative program for research and development of vacuum
              electronics technologies.
    Sec. 213. Annual Comptroller General report on Joint Strike Fighter
              program.
    Sec. 214. Amounts for United States Joint Forces Command to be derived
              only from Defense-wide amounts.
    Sec. 215. Global Positioning System III satellite.
    Sec. 216. Initiation of concept demonstration of Global Hawk high
              altitude endurance unmanned aerial vehicle.
    Sec. 217. Joint Unmanned Combat Air Systems program.

                      Subtitle C--Missile Defense Programs

    Sec. 231. Fielding of ballistic missile defense capabilities.
    Sec. 232. Integration of Patriot Advanced Capability-3 and Medium
              Extended Air Defense System into ballistic missile 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 Congress 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.

                      Subtitle B--Environmental Provisions

    Sec. 311. Satisfaction of Superfund audit requirements by Inspector
              General of the Department of Defense.
    Sec. 312. Reimbursement of Environmental Protection Agency for certain
              costs in connection with Moses Lake Wellfield Superfund Site,
              Moses Lake, Washington.
    Sec. 313. Increase in authorized amount of environmental remediation,
              Front Royal, Virginia.
    Sec. 314. Small boat harbor, Unalaska, Alaska.
    Sec. 315. Report regarding encroachment issues affecting Utah Test and
              Training Range, Utah.
    Sec. 316. Comptroller General study and report on alternative
              technologies to decontaminate groundwater at Department of
              Defense installations.
    Sec. 317. Comptroller General study and report on drinking water
              contamination and related health effects at Camp Lejeune,
              North Carolina.
    Sec. 318. Sense of Congress regarding perchlorate contamination of
              ground and surface water from Department of Defense
              activities.

                     Subtitle C--Workplace and Depot Issues

    Sec. 321. Simplification of annual reporting requirements concerning
              funds expended for depot maintenance and repair workloads.
    Sec. 322. Repeal of annual reporting requirement concerning management
              of depot employees.
    Sec. 323. Extension of special treatment for certain expenditures
              incurred in operation of Centers of Industrial and Technical
              Excellence.
    Sec. 324. Temporary authority for contractor performance of security-
              guard functions.
    Sec. 325. Pilot program for purchase of certain municipal services for
              Army installations.
    Sec. 326. Bid protests by Federal employees in actions under Office of
              Management and Budget Circular A-76.
    Sec. 327. Limitations on conversion of work performed by Department of
              Defense civilian employees to contractor performance.
    Sec. 328. Competitive sourcing reporting requirement.

                       Subtitle D--Information Technology

    Sec. 331. Preparation of Department of Defense plan for transition to
              Internet Protocol version 6.
    Sec. 332. Defense business enterprise architecture, system
              accountability, and conditions for obligation of funds for
              defense business system modernization.
    Sec. 333. Report on maturity and effectiveness of the Global Information
              Grid Bandwidth Expansion (GIG-BE).

                  Subtitle E--Extensions of Program Authorities

    Sec. 341. Two-year extension of Department of Defense telecommunications
              benefit.
    Sec. 342. Extension of Arsenal Support Program Initiative.
    Sec. 343. Two-year extension of warranty claims recovery pilot program.

                            Subtitle F--Other Matters

    Sec. 351. Reimbursement for certain protective, safety, or health
              equipment purchased by or for members of the Armed Forces
              deployed in contingency operations.
    Sec. 352. Limitation on preparation or implementation of Mid-Range
              Financial Improvement Plan pending report.
    Sec. 353. Pilot program to authorize Army working-capital funded
              facilities to engage in cooperative activities with non-Army
              entities.
    Sec. 354. Transfer of excess Department of Defense personal property to
              assist firefighting agencies.

                   TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                            Subtitle A--Active Forces

    Sec. 401. End strengths for active forces.
    Sec. 402. Revision in permanent active duty end strength minimum levels.
    Sec. 403. Additional authority for increases of Army and Marine Corps
              active duty personnel end strengths for fiscal years 2005
              through 2009.
    Sec. 404. 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 limitation on number of non-dual status
              technicians.
    Sec. 415. Maximum number of Reserve personnel authorized to be on active
              duty for operational support.
    Sec. 416. Accounting and management of reserve component personnel
              performing active duty or full-time National Guard duty for
              operational support.

                  Subtitle C--Authorizations of Appropriations

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

                       TITLE V--MILITARY PERSONNEL POLICY

                      Subtitle A--Officer Personnel Policy

    Sec. 501. Transition of active-duty list officer force to a force of all
              regular officers.
    Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs
              of Naval Operations be selected from officers in the line of
              the Navy.
    Sec. 503. Limitation on number of officers frocked to major general and
              rear admiral.
    Sec. 504. Distribution in grade of Marine Corps reserve officers in an
              active status in grades below brigadier general
    Sec. 505. Authority for Federal recognition of National Guard
              commissioned officers appointed from former Coast Guard
              personnel.
    Sec. 506. Study regarding promotion eligibility of retired officers
              recalled to active duty.
    Sec. 507. Succession for office of Chief, National Guard Bureau.
    Sec. 508. Redesignation of Vice Chief of the National Guard Bureau as
              Director of the Joint Staff of the National Guard Bureau.

                  Subtitle B--Reserve Component Policy Matters

    Sec. 511. Modification of stated purpose of the reserve components.
    Sec. 512. Homeland defense activities conducted by the National Guard
              under authority of title 32.
    Sec. 513. Commission on the National Guard and Reserves.
    Sec. 514. Repeal of exclusion of active duty for training from authority
              to order Reserves to active duty.
    Sec. 515. Army program for assignment of active component advisers to
              units of the Selected Reserve.
    Sec. 516. Authority to accept certain voluntary services.
    Sec. 517. Authority to redesignate the Naval Reserve as the Navy
              Reserve.
    Sec. 518. Comptroller General assessment of integration of active and
              reserve components of the Navy.
    Sec. 519. Limitation on number of Starbase academies in a State.
    Sec. 520. Recognition items for certain reserve component personnel.

                 Subtitle C--Reserve Component Personnel Matters

    Sec. 521. Status under disability retirement system for reserve members
              released from active duty due to inability to perform within
              30 days of call to active duty.
    Sec. 522. Requirement for retention of Reserves on active duty to
              qualify for retired pay not applicable to nonregular service
              retirement system.
    Sec. 523. Federal civil service military leave for Reserve and National
              Guard civilian technicians.
    Sec. 524. Expanded educational assistance authority for officers
              commissioned through ROTC program at military junior colleges.
    Sec. 525. Repeal of sunset provision for financial assistance program
              for students not eligible for advanced training.
    Sec. 526. Effect of appointment or commission as officer on eligibility
              for Selected Reserve education loan repayment program for
              enlisted members.
    Sec. 527. Educational assistance for certain reserve component members
              who perform active service.
    Sec. 528. Sense of Congress on guidance concerning treatment of
              employer-provided compensation and other benefits voluntarily
              provided to employees who are activated Reservists.

    Subtitle D--Joint Officer Management and Professional Military Education

    Sec. 531. Strategic plan to link joint officer development to overall
              missions and goals of Department of Defense.
    Sec. 532. Improvement to professional military education in the
              Department of Defense.
    Sec. 533. Joint requirements for promotion to flag or general officer
              grade.
    Sec. 534. Clarification of tours of duty qualifying as a joint duty
              assignment.
    Sec. 535. Two-year extension of temporary standard for promotion policy
              objectives for joint officers.
    Sec. 536. Two-year extension of authority to waive requirement that
              Reserve Chiefs and National Guard Directors have significant
              joint duty experience.

                     Subtitle E--Military Service Academies

    Sec. 541. Revision to conditions on service of officers as service
              academy superintendents.
    Sec. 542. Academic qualifications of the dean of the faculty of United
              States Air Force Academy.
    Sec. 543. Board of Visitors of United States Air Force Academy.
    Sec. 544. Appropriated funds for service academy athletic and
              recreational extracurricular programs to be treated in same
              manner as for military morale, welfare, and recreation
              programs.
    Sec. 545. Codification of prohibition on imposition of certain charges
              and fees at the service academies.

                Subtitle F--Other Education and Training Matters

    Sec. 551. College First delayed enlistment program.
    Sec. 552. Senior Reserve Officers' Training Corps and recruiter access
              at institutions of higher education.
    Sec. 553. Tuition assistance for officers.
    Sec. 554. Increased maximum period for leave of absence for pursuit of a
              program of education in a health care profession.
    Sec. 555. Eligibility of cadets and midshipmen for medical and dental
              care and disability benefits.
    Sec. 556. Transfer of authority to confer degrees upon graduates of the
              Community College of the Air Force.
    Sec. 557. Change in titles of leadership positions at the Naval
              Postgraduate School.

        Subtitle G--Assistance to Local Educational Agencies for Defense
                              Dependents Education

    Sec. 558. Continuation of impact aid assistance on behalf of dependents
              of certain members despite change in status of member.
    Sec. 559. Assistance to local educational agencies that benefit
              dependents of members of the Armed Forces and Department of
              Defense civilian employees.
    Sec. 560. Impact aid for children with severe disabilities.

         Subtitle H--Medals and Decorations and Special Promotions and
                                  Appointments

    Sec. 561. Award of medal of honor to individual interred in the Tomb of
              the Unknowns as representative of casualties of a war.
    Sec. 562. 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.
    Sec. 563. Authority to appoint Brigadier General Charles E. Yeager,
              United States Air Force (retired), to the grade of major
              general on the retired list.
    Sec. 564. Posthumous commission of William Mitchell in the grade of
              major general in the Army.

                           Subtitle I--Military Voting

    Sec. 566. Federal write-in ballots for absentee military voters located
              in the United States.
    Sec. 567. Repeal of requirement to conduct electronic voting
              demonstration project for the Federal election to be held in
              November 2004.
    Sec. 568. Reports on operation of Federal voting assistance program and
              military postal system.

                      Subtitle J--Military Justice Matters

    Sec. 571. Review on how sexual offenses are covered by Uniform Code of
              Military Justice.
    Sec. 572. Waiver of recoupment of time lost for confinement in
              connection with a trial.
    Sec. 573. Processing of forensic evidence collection kits and
              acquisition of sufficient stocks of such kits.
    Sec. 574. Authorities of the Judge Advocates General.

                 Subtitle K--Sexual Assault in the Armed Forces

    Sec. 576. Examination of sexual assault in the Armed Forces by the
              Defense Task Force established to examine sexual harassment
              and violence at the military service academies.
    Sec. 577. Department of Defense policy and procedures on prevention and
              response to sexual assaults involving members of the Armed
              Forces.

                Subtitle L--Management and Administrative Matters

    Sec. 581. Three-year extension of limitation on reductions of personnel
              of agencies responsible for review and correction of military
              records.
    Sec. 582. Staffing for Defense Prisoner of War/Missing Personnel Office
              (DPMO).
    Sec. 583. Permanent ID cards for retiree dependents age 75 and older.
    Sec. 584. Authority to provide civilian clothing to members traveling in
              connection with medical evacuation.
    Sec. 585. Authority to accept donation of frequent traveler miles,
              credits, and tickets to facilitate rest and recuperation
              travel of deployed members of the Armed Forces and their
              families.
    Sec. 586. Annual report identifying reasons for discharges from the
              Armed Forces during preceding fiscal year.
    Sec. 587. Study of blended wing concept for the Air Force.
    Sec. 588. Sense of Congress regarding return of members to active duty
              service upon rehabilitation from service-related injuries.

                            Subtitle M--Other Matters

    Sec. 591. Protection of Armed Forces personnel from retaliatory actions
              for communications made through the chain of command.
    Sec. 592. Implementation plan for accession of persons with specialized
              skills.
    Sec. 593. Enhanced screening methods and process improvements for
              recruitment of home schooled and National Guard Challenge
              program GED recipients.
    Sec. 594. Redesignation of National Guard Challenge Program as National
              Guard Youth Challenge Program.
    Sec. 595. Reports on certain milestones relating to Department of
              Defense transformation.
    Sec. 596. Report on issues relating to removal of remains of persons
              interred in United States military cemeteries overseas.
    Sec. 597. Comptroller General reports on closure of Department of
              Defense dependent elementary and secondary schools and
              commissary stores.
    Sec. 598. Comptroller General report on transition assistance programs
              for members separating from the Armed Forces.
    Sec. 599. Study on coordination of job training standards with
              certification standards for military occupational specialties.

               TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                         Subtitle A--Pay and Allowances

    Sec. 601. Increase in basic pay for fiscal year 2005.
    Sec. 602. Relationship between eligibility to receive supplemental
              subsistence allowance and eligibility to receive imminent
              danger pay, family separation allowance, and certain Federal
              assistance.
    Sec. 603. Authority to provide family separation basic allowance for
              housing.
    Sec. 604. Geographic basis for housing allowance during short-assignment
              permanent changes of station for education or training.
    Sec. 605. Immediate lump-sum reimbursement for unusual nonrecurring
              expenses incurred for duty outside the continental United
              States.
    Sec. 606. Authority for certain members deployed in combat zones to
              receive limited advances on future basic pay.
    Sec. 607. Repeal of requirement that members entitled to basic allowance
              for subsistence pay subsistence charges while hospitalized.

               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. Authority to provide hazardous duty incentive pay to military
              firefighters.
    Sec. 616. Reduced service obligation for nurses receiving nurse
              accession bonus.
    Sec. 617. Assignment incentive pay.
    Sec. 618. Modification of active and reserve component reenlistment and
              enlistment bonus authorities.
    Sec. 619. Bonus for certain initial service of officers in the Selected
              Reserve.
    Sec. 620. Revision of authority to provide foreign language proficiency
              pay.
    Sec. 621. Eligibility of enlisted members to qualify for critical skills
              retention bonus while serving on indefinite reenlistment.
    Sec. 622. Eligibility of reserve component members for incentive bonus
              for conversion to military occupational specialty to ease
              personnel shortage.
    Sec. 623. Permanent increase in authorized amounts for imminent danger
              special pay and family separation allowance.

                Subtitle C--Travel and Transportation Allowances

    Sec. 631. Travel and transportation allowances for family members to
              attend burial ceremony or memorial service of member who dies
              on duty.
    Sec. 632. Transportation of family members incident to serious illness
              or injury of members of the uniformed services.
    Sec. 633. Reimbursement for certain lodging costs incurred in connection
              with dependent student travel.

                  Subtitle D--Retired Pay and Survivor Benefits

    Sec. 641. Computation of high-36 month average for reserve component
              members retired for disability while on active duty or dying
              while on active duty.
    Sec. 642. Repeal of phase-in of concurrent receipt of retired pay and
              veterans' disability compensation for military retirees with
              service-connected disabilities rated as 100 percent.
    Sec. 643. Death benefits enhancement.
    Sec. 644. Phased elimination of two-tier annuity computation for
              surviving spouses under Survivor Benefit Plan.
    Sec. 645. One-year open enrollment period for Survivor Benefit Plan
              commencing October 1, 2005.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

    Sec. 651. Consolidation and reorganization of legislative provisions
              regarding defense commissary system and exchanges and other
              morale, welfare, and recreation activities.
    Sec. 652. Consistent State treatment of Department of Defense
              Nonappropriated Fund Health Benefits Program.

                            Subtitle F--Other Matters

    Sec. 661. Eligibility of members for reimbursement of expenses incurred
              for adoption placements made by foreign governments.
    Sec. 662. Clarification of education loans qualifying for education loan
              repayment program for reserve component health professions
              officers.
    Sec. 663. Receipt of pay by reservists from civilian employers while on
              active duty in connection with a contingency operation.
    Sec. 664. Relief for mobilized reservists from certain Federal
              agricultural loan obligations.
    Sec. 665. Survey and analysis of effect of extended and frequent
              mobilization of reservists for active duty service on
              reservist income.
    Sec. 666. Study of disability benefits for veterans of service in the
              Armed Forces with service-connected disabilities.

                        TITLE VII--HEALTH CARE PROVISIONS

                   Subtitle A--Enhanced Benefits for Reserves

    Sec. 701. TRICARE coverage for members of reserve components who commit
              to continued service in the Selected Reserve after release
              from active duty.
    Sec. 702. Comptroller General report on the cost and feasibility of
              providing private health insurance stipends for members of the
              Ready Reserves.
    Sec. 703. Permanent earlier eligibility date for TRICARE benefits for
              members of reserve components and their dependents.
    Sec. 704. Waiver of certain deductibles under TRICARE program for
              members on active duty for a period of more than 30 days.
    Sec. 705. Authority for payment by United States of additional amounts
              billed by health care providers to activated Reserves.
    Sec. 706. Permanent extension of transitional health care benefits and
              addition of requirement for preseparation physical
              examination.

                     Subtitle B--Other Benefits Improvements

    Sec. 711. Opportunity for young child dependent of deceased member to
              become eligible for enrollment in a TRICARE dental plan.
    Sec. 712. Comptroller General report on provision of health, education,
              and support services for Exceptional Family Member Program
              enrollees.
    Sec. 713. Continuation of sub-acute care for transition period.
    Sec. 714. Improvements to pharmacy benefits program.
    Sec. 715. Professional accreditation of military dentists.
    Sec. 716. Temporary authority for waiver of collection of payments due
              for CHAMPUS benefits received by disabled persons unaware of
              loss of CHAMPUS eligibility.
    Sec. 717. Services of marriage and family therapists.
    Sec. 718. Chiropractic health care benefits advisory committee.

                Subtitle C--Planning, Programming, and Management

    Sec. 721. Pilot program for health care delivery.
    Sec. 722. Study of provision of travel reimbursement to hospitals for
              certain military disability retirees.
    Sec. 723. Study of mental health services.
    Sec. 724. Policy for timely notification of next of kin of members
              seriously ill or injured in combat zones.
    Sec. 725. Revised funding methodology for military retiree health care
              benefits.
    Sec. 726. Grounds for presidential waiver of requirement for informed
              consent or option to refuse regarding administration of drugs
              not approved for general use.
    Sec. 727. TRICARE program regional directors.

         Subtitle D--Medical Readiness Tracking and Health Surveillance

    Sec. 731. Medical readiness plan and Joint Medical Readiness Oversight
              Committee.
    Sec. 732. Medical readiness of Reserves.
    Sec. 733. Baseline Health Data Collection Program.
    Sec. 734. Medical care and tracking and health surveillance in the
              theater of operations.
    Sec. 735. Declassification of information on exposures to environmental
              hazards.
    Sec. 736. Report on training on environmental hazards.
    Sec. 737. Uniform policy for meeting mobilization-related medical care
              needs at military installations.
    Sec. 738. Full implementation of Medical Readiness Tracking and Health
              Surveillance Program and Force Health Protection and Readiness
              Program.
    Sec. 739. Reports and Internet accessibility relating to health matters.

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

                  Subtitle A--Acquisition Policy and Management

    Sec. 801. Software-related program costs under major defense acquisition
              programs.
    Sec. 802. Internal controls for Department of Defense procurements
              through GSA Client Support Centers.
    Sec. 803. Defense commercial communications satellite services
              procurement process.
    Sec. 804. Contractor performance of acquisition functions closely
              associated with inherently governmental functions.
    Sec. 805. Sustainment plans for existing systems while replacement
              systems are under development.
    Sec. 806. Applicability of competition exceptions to eligibility of
              National Guard for financial assistance for performance of
              additional duties.
    Sec. 807. Inflation adjustment of acquisition-related dollar thresholds.

     Subtitle B--Amendments to General Contracting Authorities, Procedures,
                                 and Limitations

    Sec. 811. Rapid acquisition authority to respond to combat emergencies.
    Sec. 812. Defense acquisition workforce improvements.
    Sec. 813. Period for multiyear task and delivery order contracts.
    Sec. 814. Funding for contract ceilings for certain multiyear
              procurement contracts.
    Sec. 815. Increased threshold for senior procurement executive approval
              of use of procedures other than competitive procedures.
    Sec. 816. Increased threshold for applicability of requirement for
              defense contractors to provide information on subcontracting
              authority of contractor personnel to cooperative agreement
              holders.
    Sec. 817. Extension of authority for use of simplified acquisition
              procedures.
    Sec. 818. Submission of cost or pricing data on noncommercial
              modifications of commercial items.
    Sec. 819. Delegations of authority to make determinations relating to
              payment of defense contractors for business restructuring
              costs.
    Sec. 820. Availability of Federal supply schedule supplies and services
              to United Service Organizations, Incorporated.
    Sec. 821. Addition of landscaping and pest control services to list of
              designated industry groups participating in the Small Business
              Competitiveness Demonstration Program.
    Sec. 822. Increased thresholds under special emergency procurement
              authority.

          Subtitle C--United States Defense Industrial Base Provisions

    Sec. 831. Defense trade reciprocity.
    Sec. 832. Assessment and report on the acquisition of polyacrylonitrile
              (PAN) carbon fiber from foreign sources.

             Subtitle D--Extensions of Temporary Program Authorities

    Sec. 841. Extension of mentor-protege program.
    Sec. 842. Amendment to mentor-protege program.
    Sec. 843. Extension of test program for negotiation of comprehensive
              small business subcontracting plans.
    Sec. 844. Extension of pilot program on sales of manufactured articles
              and services of certain Army industrial facilities.

                      Subtitle E--Other Acquisition Matters

    Sec. 851. Review and demonstration project relating to contractor
              employees.
    Sec. 852. Inapplicability of certain fiscal laws to settlements under
              special temporary contract closeout authority.
    Sec. 853. Contracting with employers of persons with disabilities.
    Sec. 854. Defense procurements made through contracts of other agencies.
    Sec. 855. Requirements relating to source selection for integrated
              support of aerial refueling aircraft fleet for the Air Force.

           TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

            Subtitle A--Duties and Functions of Department of Defense

    Sec. 901. Study of roles and authorities of the Director of Defense
              Research and Engineering.
    Sec. 902. Change of membership of specified council.

                          Subtitle B--Space Activities

    Sec. 911. Space posture review.
    Sec. 912. Panel on the future of national security space launch.
    Sec. 913. Operationally responsive national security satellites.
    Sec. 914. Nondisclosure of certain products of commercial satellite
              operations.

                    Subtitle C--Intelligence-Related Matters

    Sec. 921. Two-year extension of authority of the Secretary of Defense to
              engage in commercial activities as security for intelligence
              collection activities abroad.
    Sec. 922. Pilot program on cryptologic service training.

                            Subtitle D--Other Matters

    Sec. 931. Strategic plan for destruction of lethal chemical agents and
              munitions stockpile.
    Sec. 932. Secretary of Defense criteria for and guidance on
              identification and internal transmission of critical
              information.

                           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. Budget justification documents for operation and maintenance.
    Sec. 1004. Licensing of intellectual property.
    Sec. 1005. Repeal of funding restrictions concerning development of
              medical countermeasures against biological warfare threats.
    Sec. 1006. Report on budgeting for exchange rates for foreign currency
              fluctuations.
    Sec. 1007. Fiscal year 2004 transfer authority.
    Sec. 1008. Clarification of fiscal year 2004 funding level for a
              National Institute of Standards and Technology account.
    Sec. 1009. Notification of fund transfers from working-capital funds.
    Sec. 1010. Charges for Defense Logistics Information Services materials.

                     Subtitle B--Naval Vessels and Shipyards

    Sec. 1011. Authority for award of contracts for ship dismantling on net-
              cost basis.
    Sec. 1012. Use of proceeds from exchange and sale of obsolete navy
              service craft and boats.
    Sec. 1013. Transfer of naval vessels to certain foreign recipients.
    Sec. 1014. Independent study to assess cost effectiveness of the Navy
              ship construction program.
    Sec. 1015. Limitation on disposal of obsolete naval vessel.

                         Subtitle C--Counterdrug Matters

    Sec. 1021. Use of funds for unified counterdrug and counterterrorism
              campaign in Colombia.
    Sec. 1022. Sense of Congress and report regarding counter-drug efforts
              in Afghanistan.

           Subtitle D--Matters Relating to Museums and Commemorations

    Sec. 1031. Recognition of the Liberty Memorial Museum, Kansas City,
              Missouri, as America's National World War I Museum.
    Sec. 1032. Program to commemorate 60th anniversary of World War II.
    Sec. 1033. Annual report on Department of Defense operation and
              financial support for military museums.

                               Subtitle E--Reports

    Sec. 1041. Quarterly detailed accounting for operations conducted as
              part of the Global War on Terrorism.
    Sec. 1042. Report on post-major combat operations phase of Operation
              Iraqi Freedom.
    Sec. 1043. Report on training provided to members of the Armed Forces to
              prepare for post-conflict operations.
    Sec. 1044. Report on establishing National Centers of Excellence for
              unmanned aerial and ground vehicles.
    Sec. 1045. Study of continued requirement for two-crew manning for
              ballistic missile submarines.
    Sec. 1046. Report on Department of Defense programs for prepositioning
              of materiel and equipment.
    Sec. 1047. Report on al Quaeda and associated groups in Latin America
              and the Caribbean.

       Subtitle F--Defense Against Terrorism and Other Domestic Security
                                     Matters

    Sec. 1051. Acceptance of communications equipment provided by local
              public safety agencies.
    Sec. 1052. Determination and report on full-time airlift support for
              homeland defense operations.
    Sec. 1053. Survivability of critical systems exposed to chemical or
              biological contamination.

                     Subtitle G--Personnel Security Matters

    Sec. 1061. Use of National Driver Register for personnel security
              investigations and determinations.
    Sec. 1062. Standards for disqualification from eligibility for
              Department of Defense security clearance.

                   Subtitle H--Transportation-Related Matters

    Sec. 1071. Use of military aircraft to transport mail to and from
              overseas locations.
    Sec. 1072. Reorganization and clarification of certain provisions
              relating to control and supervision of transportation within
              the Department of Defense.
    Sec. 1073. Evaluation of procurement practices relating to
              transportation of security-sensitive cargo.

                            Subtitle I--Other Matters

    Sec. 1081. Liability protection for Department of Defense volunteers
              working in maritime environment.
    Sec. 1082. Sense of Congress concerning media coverage of the return to
              the United States of the remains of deceased members of the
              Armed Forces from overseas.
    Sec. 1083. Transfer of historic F3A-1 Brewster Corsaird aircraft.
    Sec. 1084. Technical and clerical amendments.
    Sec. 1085. Preservation of search and rescue capabilities of the Federal
              Government.
    Sec. 1086. Acquisition of aerial firefighting equipment for National
              Interagency Fire Center.
    Sec. 1087. Revision to requirements for recognition of institutions of
              higher education as Hispanic-serving institutions for purposes
              of certain grants and contracts.
    Sec. 1088. Military extraterritorial jurisdiction over contractors
              supporting defense missions overseas.
    Sec. 1089. Definition of United States for purposes of Federal crime of
              torture.
    Sec. 1090. Energy savings performance contracts.
    Sec. 1091. Sense of Congress and policy concerning persons detained by
              the United States.
    Sec. 1092. Actions to prevent the abuse of detainees.
    Sec. 1093. Reporting requirements.
    Sec. 1094. Findings and sense of Congress concerning Army Specialist
              Joseph Darby.

                      TITLE XI--CIVILIAN PERSONNEL MATTERS

    Sec. 1101. Payment of Federal employee health benefit premiums for
              mobilized Federal employees.
    Sec. 1102. Foreign language proficiency pay.
    Sec. 1103. Pay and performance appraisal parity for civilian
              intelligence personnel.
    Sec. 1104. Pay parity for senior executives in defense nonappropriated
              fund instrumentalities.
    Sec. 1105. Science, mathematics, and research for transformation (SMART)
              defense scholarship pilot program.
    Sec. 1106. Report on how to recruit and retain individuals with foreign
              language skills.
    Sec. 1107. Plan on implementation and utilization of flexible personnel
              management authorities in Department of Defense laboratories.

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

      Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on
                                    Terrorism

    Sec. 1201. Commanders' Emergency Response Program.
    Sec. 1202. Assistance to Iraq and Afghanistan military and security
              forces.
    Sec. 1203. Redesignation and modification of authorities relating to
              Inspector General of the Coalition Provisional Authority.
    Sec. 1204. Presidential report on strategy for stabilization of Iraq.
    Sec. 1205. Guidance on contractors supporting deployed forces in Iraq.
    Sec. 1206. Report on contractors supporting deployed forces and
              reconstruction efforts in Iraq.
    Sec. 1207. United Nations Oil-for-Food Program.
    Sec. 1208. Support of military operations to combat terrorism.

                    Subtitle B--Counterproliferation Matters

    Sec. 1211. Defense international counterproliferation programs.
    Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic
              missiles.
    Sec. 1213. Sense of Congress on the global partnership against the
              spread of weapons of mass destruction.
    Sec. 1214. Report on collaborative measures to reduce the risks of a
              launch of Russian nuclear weapons.

                            Subtitle C--Other Matters

    Sec. 1221. Authority for humanitarian assistance for the detection and
              clearance of landmines extended to include other explosive
              remnants of war.
    Sec. 1222. Expansion of entities of the People's Republic of China
              subject to certain presidential authorities when operating in
              the United States.
    Sec. 1223. Assignment of NATO naval personnel to submarine safety
              programs.
    Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members.
    Sec. 1225. Bilateral exchanges and trade in defense articles and defense
              services between the United States and the United Kingdom and
              Australia.
    Sec. 1226. Study on missile defense cooperation.

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

    Sec. 1301. Specification of Cooperative Threat Reduction programs and
              funds.
    Sec. 1302. Funding allocations.
    Sec. 1303. Temporary authority to waive limitation on funding for
              chemical weapons destruction facility in Russia.
    Sec. 1304. Inclusion of descriptive summaries in annual Cooperative
              Threat Reduction reports and budget justification materials.

                        TITLE XIV--SUNKEN MILITARY CRAFT

    Sec. 1401. Preservation of title to sunken military craft and associated
              contents.
    Sec. 1402. Prohibitions.
    Sec. 1403. Permits.
    Sec. 1404. Penalties.
    Sec. 1405. Liability for damages.
    Sec. 1406. Relationship to other laws.
    Sec. 1407. Encouragement of agreements with foreign countries.
    Sec. 1408. Definitions.

       TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
                     FREEDOM AND OPERATION ENDURING FREEDOM

    Sec. 1501. Purpose.
    Sec. 1502. Army procurement.
    Sec. 1503. Navy and Marine Corps procurement.
    Sec. 1504. Defense-wide activities procurement.
    Sec. 1505. Operation and maintenance.
    Sec. 1506. Defense working capital funds.
    Sec. 1507. Iraq Freedom Fund.
    Sec. 1508. Defense health program.
    Sec. 1509. Military personnel.
    Sec. 1510. Treatment as additional authorizations.
    Sec. 1511. Transfer authority.

                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.

                             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 and renewal of authorizations of certain fiscal
              year 2001 projects.

                        TITLE XXVIII--GENERAL PROVISIONS

     Subtitle A--Military Construction Program and Military Family Housing
                                     Changes

    Sec. 2801. Modification of approval and notice requirements for facility
              repair projects.
    Sec. 2802. Reporting requirements regarding military family housing
              requirements for general officers and flag officers.
    Sec. 2803. Congressional notification of deviations from authorized cost
              variations for military construction projects and military
              family housing projects.
    Sec. 2804. Assessment of vulnerability of military installations to
              terrorist attack and annual report on military construction
              requirements related to antiterrorism and force protection.
    Sec. 2805. Repeal of limitations on use of alternative authority for
              acquisition and improvement of military housing.
    Sec. 2806. Additional reporting requirements relating to alternative
              authority for acquisition and improvement of military housing.
    Sec. 2807. Temporary authority to accelerate design efforts for military
              construction projects carried out using design-build selection
              procedures.
    Sec. 2808. Notification thresholds and requirements for expenditures or
              contributions for acquisition of facilities for reserve
              components.
    Sec. 2809. Authority to exchange reserve component facilities to acquire
              replacement facilities.
    Sec. 2810. One-year extension of temporary, limited authority to use
              operation and maintenance funds for construction projects
              outside the United States.
    Sec. 2811. Consideration of combination of military medical treatment
              facilities and health care facilities of Department of
              Veterans Affairs.

             Subtitle B--Real Property and Facilities Administration

    Sec. 2821. Reorganization of existing administrative provisions relating
              to real property transactions.
    Sec. 2822. Development of Heritage Center for the National Museum of the
              United States Army.
    Sec. 2823. Elimination of reversionary interests clouding United States
              title to property used as Navy homeports.

                    Subtitle C--Base Closure and Realignment

    Sec. 2831. Establishment of specific deadline for submission of
              revisions to force-structure plan and infrastructure
              inventory.
    Sec. 2832. Specification of final selection criteria for 2005 base
              closure round.
    Sec. 2833. Repeal of authority of Secretary of Defense to recommend that
              installations be placed in inactive status.
    Sec. 2834. Voting requirements for Defense Base Closure and Realignment
              Commission to add to or otherwise expand closure and
              realignment recommendations made by Secretary of Defense.

                          Subtitle D--Land Conveyances

                            Part I--Army Conveyances

    Sec. 2841. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
    Sec. 2842. Land exchange, Fort Campbell, Kentucky and Tennessee.
    Sec. 2843. Land conveyance, Louisiana Army Ammunition Plant, Doyline,
              Louisiana.
    Sec. 2844. Land conveyance, Fort Leonard Wood, Missouri.
    Sec. 2845. Transfer of administrative jurisdiction, Defense Supply
              Center, Columbus, Ohio.
    Sec. 2846. Jurisdiction and utilization of former public domain lands,
              Umatilla Chemical Depot, Oregon.
    Sec. 2847. Modification of authority for land conveyance, equipment and
              storage yard, Charleston, South Carolina.
    Sec. 2848. Land conveyance, Fort Hood, Texas.
    Sec. 2849. Land conveyance, local training area for Browning Army
              Reserve Center, Utah.
    Sec. 2850. Land conveyance, Army Reserve Center, Hampton, Virginia.
    Sec. 2851. Land conveyance, Army National Guard Facility, Seattle,
              Washington.
    Sec. 2852. Modification of land exchange and consolidation, Fort Lewis,
              Washington.

                            Part II--Navy Conveyances

    Sec. 2861. Land exchange, former Richmond Naval Air Station, Florida.
    Sec. 2862. Land conveyance, Honolulu, Hawaii.
    Sec. 2863. Land conveyance, Navy property, former Fort Sheridan,
              Illinois.
    Sec. 2864. Land exchange, Naval Air Station, Patuxent River, Maryland.
    Sec. 2865. Modification of land acquisition authority, Perquimans
              County, North Carolina.
    Sec. 2866. Land conveyance, Naval Weapons Station, Charleston, South
              Carolina.
    Sec. 2867. Land conveyance, Navy YMCA building, Portsmouth, Virginia.

                         Part III--Air Force Conveyances

    Sec. 2871. Land exchange, Maxwell Air Force Base, Alabama.
    Sec. 2872. Land conveyance, March Air Force Base, California.
    Sec. 2873. Land conveyance, former Griffiss Air Force Base, New York.

                           Part IV--Other Conveyances

    Sec. 2881. Land exchange, Arlington County, Virginia.

                            Subtitle E--Other Matters

    Sec. 2891. One-year resumption of Department of Defense Laboratory
              Revitalization Demonstration Program.
    Sec. 2892. Designation of Airmen Leadership School at Luke Air Force
              Base, Arizona, in honor of John J. Rhodes, a former minority
              leader of the House of Representatives.
    Sec. 2893. Settlement of claim of Oakland Base Reuse Authority and
              Redevelopment Agency.
    Sec. 2894. Report on establishment of mobilization station at Camp
              Ripley National Guard Training Center, Little Falls,
              Minnesota.
    Sec. 2895. Report on feasibility of establishment of veterans memorial
              at Marine Corps Air Station, El Toro, California.
    Sec. 2896. Sense of Congress regarding effect of military housing
              policies and force structure and basing changes on local
              educational agencies.
    Sec. 2897. Sense of Congress and study regarding memorial honoring non-
              United States citizens killed in the line of duty while
              serving in the United States Armed Forces.

     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. Report on requirements for Modern Pit Facility.
    Sec. 3112. Two-year extension of authority for appointment of certain
              scientific, engineering, and technical personnel.
    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. Treatment of waste material.
    Sec. 3118. Local stakeholder organizations for 2006 closure sites.
    Sec. 3119. Report to Congress on Advanced Nuclear Weapons Concepts
              Initiative.

                        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.
    Sec. 3133. Silk Road Initiative.
    Sec. 3134. Nuclear nonproliferation fellowships for scientists employed
              by United States and Russian Federation.
    Sec. 3135. Utilization of international contributions to the elimination
              of weapons grade plutonium production program.

                            Subtitle D--Other Matters

    Sec. 3141. Indemnification of Department of Energy contractors.
    Sec. 3142. Report on maintenance of retirement benefits for certain
              workers at 2006 closure sites after closure of sites.
    Sec. 3143. Report on efforts of National Nuclear Security Administration
              to understand plutonium aging.
    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. National Academy of Sciences study on management by
              Department of Energy of certain radioactive waste streams.
    Sec. 3147. Compensation of Pajarito Plateau, New Mexico, homesteaders
              for acquisition of lands for Manhattan Project in World War
              II.
    Sec. 3148. Modification of requirements relating to conveyances and
              transfer of certain land at Los Alamos National Laboratory,
              New Mexico.

     Subtitle E--Energy Employees Occupational Illness Compensation Program

    Sec. 3161. Contractor employee compensation.
    Sec. 3162. Conforming amendments.
    Sec. 3163. Technical amendments.
    Sec. 3164. Transfer of funds for fiscal year 2005.
    Sec. 3165. Use of Energy Employees Occupational Illness Compensation
              Fund for certain payments to covered uranium employees.
    Sec. 3166. Improvements to Subtitle B of Energy Employees Occupational
              Illness Compensation Program Act of 2000.
    Sec. 3167. Emergency Special Exposure Cohort meeting and report.
    Sec. 3168. Coverage of individuals employed at atomic weapons employer
              facilities during periods of residual contamination.
    Sec. 3169. Update of report on residual contamination of facilities.
    Sec. 3170. Sense of Congress on resource center for energy employees
              under Energy Employee Occupational Illness Compensation
              Program in western New York and western Pennsylvania region.

              TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

    Sec. 3201. Authorization.

                    TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

    Sec. 3301. Authorized uses of National Defense Stockpile funds.
    Sec. 3302. Revision of earlier authority to dispose of certain materials
              in National Defense Stockpile.
    Sec. 3303. Disposal of ferromanganese.
    Sec. 3304. Prohibition on storage of mercury at certain facilities.

                      TITLE XXXIV--NAVAL PETROLEUM RESERVES

    Sec. 3401. Authorization of appropriations.

                       TITLE XXXV--MARITIME ADMINISTRATION

    Sec. 3501. Authorization of appropriations for Maritime Administration.
    Sec. 3502. Extension of authority to provide war risk insurance for
              merchant marine vessels.
    Sec. 3503. Modification of priority afforded applications for national
              defense tank vessel construction assistance.

                     TITLE XXXVI--ASSISTANCE TO FIREFIGHTERS

    Sec. 3601. Short title.
    Sec. 3602. Amendments to Federal Fire Prevention and Control Act of
              1974.
    Sec. 3603. Report on assistance to firefighters.

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

        For purposes of this Act, the term ``congressional defense
    committees'' has the meaning given that term in section 101(a)(16) of
    title 10, United States Code.

                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. Multiyear procurement authority for the light weight 155-
              millimeter howitzer program.
    Sec. 112. Light utility helicopter program.

                            Subtitle C--Navy Programs

    Sec. 121. DDG-51 modernization program.
    Sec. 122. Repeal of authority for pilot program for flexible funding of
              cruiser conversions and overhauls.
    Sec. 123. LHA(R) amphibious assault ship program.

                         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. Aerial refueling aircraft acquisition program.

                            Subtitle E--Other Matters

    Sec. 141. Development of deployable systems to include consideration of
              force protection in asymmetric threat environments.
    Sec. 142. Allocation of equipment authorized by this title to units
              deployed, or to be deployed, to Operation Iraqi Freedom or
              Operation Enduring Freedom.
    Sec. 143. Report on options for acquisition of precision-guided
              munitions.

                  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, $2,611,540,000.
            (2) For missiles, $1,307,000,000.
            (3) For weapons and tracked combat vehicles, $1,702,695,000.
            (4) For ammunition, $1,545,702,000.
            (5) For other procurement, $4,345,246,000.

    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, $8,814,442,000.
            (2) For weapons, including missiles and torpedoes,
        $2,067,520,000.
            (3) For shipbuilding and conversion, $10,116,827,000.
            (4) For other procurement, $4,633,886,000.
        (b) Marine Corps.--Funds are hereby authorized to be appropriated
    for fiscal year 2005 for procurement for the Marine Corps in the amount
    of $1,268,453,000.
        (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 $878,140,000.

    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, $13,228,124,000.
            (2) For ammunition, $1,318,959,000.
            (3) For missiles, $4,548,513,000.
            (4) For other procurement, $12,949,327,000.

    SEC. 104. DEFENSE-WIDE ACTIVITIES.

        Funds are hereby authorized to be appropriated for fiscal year 2005
    for Defense-wide procurement in the amount of $2,846,583,000.

                           Subtitle B--Army Programs

    SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT WEIGHT 155-
                  MILLIMETER HOWITZER PROGRAM.

        The Secretary of the Army and the Secretary of the Navy may, in
    accordance with section 2306b of title 10, United States Code, jointly
    enter into a multiyear contract, beginning with the fiscal year 2005
    program year, for procurement of the light weight 155-millimeter
    howitzer.

    SEC. 112. LIGHT UTILITY HELICOPTER PROGRAM.

        (a) Limitation.--None of the funds authorized to be appropriated
    under section 101(1) for the procurement of light utility helicopters
    may 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) an Army aviation modernization plan described in subsection
        (b).
        (b) Army Aviation Modernization Plan.--The Army aviation
    modernization plan referred to in subsection (a)(2) is an updated
    modernization plan for Army aviation that contains, at a minimum, the
    following:
            (1) The analysis on which the plan is based.
            (2) A discussion of the Secretary's decision to terminate the
        Comanche helicopter program and to restructure the aviation force
        of the Army.
            (3) 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.
            (4) A discussion of the conversion of Apache helicopters to
        block III configuration, including (A) the rationale for converting
        only 501 Apache helicopters to that configuration, and (B) the
        costs associated with a conversion of all Apache helicopters to the
        block III configuration.
            (5) A discussion of the procurement of light armed
        reconnaissance helicopters, including (A) the rationale for the
        requirement for light armed reconnaissance helicopters, and (B) a
        discussion of the costs associated with upgrading the light armed
        reconnaissance helicopter to meet Army requirements.
            (6) 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.
            (7) The rationale for the procurement of cargo fixed-wing
        aircraft.
            (8) The rationale for the initiation of a joint multi-role
        helicopter program.
            (9) A description of the operational employment of the Army's
        restructured aviation force.

                           Subtitle C--Navy Programs

    SEC. 121. DDG-51 MODERNIZATION PROGRAM.

        (a) Acceleration of Modernization Program.--The Secretary of the
    Navy shall accelerate the program for in-service modernization of the
    DDG-51 class of destroyers (in this section referred to as the
    ``modernization program'').
        (b) Report.--Not later than March 31, 2005, the Secretary of the
    Navy shall submit to the congressional defense committees a report on
    the steps taken as of that date to carry out subsection (a). The report
    shall--
            (1) describe the elements of the modernization program; and
            (2) specify those elements of the modernization program that
        are expected to contribute to the goal of reducing the crew size of
        the DDG-51 class of destroyers by one-third and explain the basis
        for those expectations.

    SEC. 122. REPEAL OF AUTHORITY FOR PILOT PROGRAM FOR FLEXIBLE FUNDING OF
                  CRUISER CONVERSIONS AND OVERHAULS.

        Section 126 of the National Defense Authorization Act for Fiscal
    Year 2004 (Public Law 108-136; 117 Stat. 1410; 10 U.S.C. 7291 note) is
    repealed.

    SEC. 123. 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.

                         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. AERIAL REFUELING AIRCRAFT ACQUISITION PROGRAM.

        (a) Termination of Leasing Authority.--Subsection (a) of section
    135 of the National Defense Authorization Act for Fiscal Year 2004
    (Public Law 108-136; 117 Stat. 1413; 10 U.S.C. 2401a note) is amended
    by striking ``may lease no more than 20 tanker aircraft'' and inserting
    ``shall lease no tanker aircraft''.
        (b) Multiyear Procurement Authority.--Subsection (b) of such
    section is amended--
            (1) in paragraph (1)--
                (A) by striking ``Beginning with the fiscal year 2004
            program year, the Secretary'' and inserting ``The Secretary'';
            and
                (B) by striking ``necessary to meet'' and all that follows
            through ``is insufficient'';
            (2) in paragraph (2), by striking ``80'' and inserting ``100'';
        and
            (3) by striking paragraph (4).
        (c) Study.--Subsection (c)(1) of such section is amended by
    striking ``leased under the multiyear aircraft lease pilot program or''
    in subparagraphs (A) and (B).
        (d) Relationship to Previous Law.--Such section is further amended
    by adding at the end the following new subsection:
        ``(f) Relationship to Previous Law.--The multiyear procurement
    authority in subsection (b) may not be executed under section 8159 of
    the Department of Defense Appropriations Act, 2002 (division A of
    Public Law 107-117).''.

                           Subtitle E--Other Matters

    SEC. 141. DEVELOPMENT OF DEPLOYABLE SYSTEMS TO INCLUDE CONSIDERATION OF
                  FORCE PROTECTION IN ASYMMETRIC THREAT ENVIRONMENTS.

        (a) Requirement for Systems Development.--The Secretary of Defense
    shall require that the Department of Defense regulations, directives,
    and guidance governing the acquisition of covered systems be revised to
    require that--
            (1) an assessment of warfighter survivability and of system
        suitability against asymmetric threats shall be performed as part
        of the development of system requirements for any such system; and
            (2) requirements for key performance parameters for force
        protection and survivability shall be included as part of the
        documentation of system requirements for any such system.
        (b) Covered Systems.--In this section, the term ``covered system''
    means any of the following systems that is expected to be deployed in
    an asymmetric threat environment:
            (1) Any manned system.
            (2) Any equipment intended to enhance personnel survivability.
        (c) Inapplicability of Development Requirement to Systems Already
    Through Development.--The revisions pursuant subsection (a) to
    Department of Defense regulations, directives, and guidance shall not
    apply to a system that entered low-rate initial production before the
    date of the enactment of this Act.
        (d) Deadline for Policy Revisions.--The revisions required by
    subsection (a) to Department of Defense regulations, directives, and
    guidance shall be made not later than 120 days after the date of the
    enactment of this Act.

    SEC. 142. ALLOCATION OF EQUIPMENT AUTHORIZED BY THIS TITLE TO UNITS
                  DEPLOYED, OR TO BE DEPLOYED, TO OPERATION IRAQI FREEDOM
                  OR OPERATION ENDURING FREEDOM.

        In allocating equipment acquired using funds authorized to be
    appropriated by this title to operational units deployed, or scheduled
    to be deployed, to Operation Iraqi Freedom or Operation Enduring
    Freedom, the Secretary of Defense shall ensure that the allocation is
    made without regard to the status of the units as active, Guard, or
    reserve component units.

    SEC. 143. 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 to the congressional defense
    committees a report on options for the acquisition of precision-guided
    munitions.
        (b) Content of Report.--The report shall include the following:
            (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 for each munition (in constant
            fiscal year 2004 dollars) at each of the production rates
            specified in subparagraph (C) for each year in the future-years
            defense program.

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

                   Subtitle A--Authorization of Appropriations

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

         Subtitle B--Program Requirements, Restrictions, and Limitations

    Sec. 211. Future Combat Systems program strategy.
    Sec. 212. Collaborative program for research and development of vacuum
              electronics technologies.
    Sec. 213. Annual Comptroller General report on Joint Strike Fighter
              program.
    Sec. 214. Amounts for United States Joint Forces Command to be derived
              only from Defense-wide amounts.
    Sec. 215. Global Positioning System III satellite.
    Sec. 216. Initiation of concept demonstration of Global Hawk high
              altitude endurance unmanned aerial vehicle.
    Sec. 217. Joint Unmanned Combat Air Systems program.

                      Subtitle C--Missile Defense Programs

    Sec. 231. Fielding of ballistic missile defense capabilities.
    Sec. 232. Integration of Patriot Advanced Capability-3 and Medium
              Extended Air Defense System into ballistic missile 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 Congress regarding funding of the Advanced
              Shipbuilding Enterprise under the National Shipbuilding
              Research Program of the Navy.

                  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, $9,307,248,000.
            (2) For the Navy, $16,200,591,000.
            (3) For the Air Force, $20,432,933,000.
            (4) For Defense-wide activities, $20,556,986,000, of which
        $304,135,000 is authorized for the Director of Operational Test and
        Evaluation.

    SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

        (a) Fiscal Year 2005.--Of the amounts authorized to be appropriated
    by section 201, $11,191,600,000 shall be available for the Defense
    Science and Technology Program, including basic research, applied
    research, and advanced technology development projects.
        (b) Basic Research, Applied Research, and Advanced Technology
    Development Defined.--For purposes of this section, the term ``basic
    research, applied research, and advanced technology development'' means
    work funded in program elements for defense research and development
    under Department of Defense category 6.1, 6.2, or 6.3.

        Subtitle B--Program Requirements, Restrictions, and Limitations

    SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY.

        (a) Program Strategy Required.--The Secretary of the Army shall
    establish and implement a program strategy for the Future Combat
    Systems acquisition program of the Army. The purpose of the program
    strategy shall be to provide an effective, affordable, producible, and
    supportable military capability with a realistic schedule and a robust
    cost estimate.
        (b) Elements of Program Strategy.--The program strategy shall--
            (1) require the release, at the design readiness review, of not
        less than 90 percent of engineering drawings for the building of
        prototypes;
            (2) require, before facilitating production or contracting for
        items with long lead times, that an acceptable demonstration be
        carried out of the performance of the information network,
        including the performance of the Joint Tactical Radio System and
        the Warfighter Information Network-Tactical; and
            (3) require, before the initial production decision, that an
        acceptable demonstration be carried out of the collective
        capability of each system to meet system-of-systems requirements
        when integrated with the information network.
        (c) Required Submissions to Congress.--Before convening the
    Milestone B update for the Future Combat Systems acquisition program
    required by the Future Combat Systems acquisition decision memorandum,
    the Under Secretary of Defense for Acquisition, Technology, and
    Logistics shall submit to Congress each of the following documents:
            (1) The cost estimate of the Army with respect to the Future
        Combat Systems program.
            (2) A report, prepared by an independent panel, on the maturity
        levels of the critical technologies with respect to the program,
        including an assessment of those technologies that are likely to
        require a decision to use an alternative approach.
            (3) A report, prepared by the chief information officer of the
        Army, describing--
                (A) the status of the development and integration of the
            network and the command, control, computers, communications,
            intelligence, surveillance, and reconnaissance components; and
                (B) the progress made toward meeting the requirements for
            network-centric capabilities as set forth by such officer.
            (4) A report identifying the key performance parameters with
        respect to the program, with all objectives and thresholds
        quantified, together with the supporting analytical rationale.
        (d) Independent Cost Estimate.--The Under Secretary of Defense for
    Acquisition, Technology, and Logistics shall submit to Congress not
    later than March 1, 2005, an independent cost estimate, prepared by the
    cost analysis improvement group of the Office of the Secretary of
    Defense, with respect to the Future Combat Systems program.
        (e) Limitation on Funding.--(1) Except as provided in paragraph
    (2), the Secretary of the Army may not obligate, from amounts made
    available for fiscal year 2005, more than $2,200,000,000 for the Future
    Combat Systems acquisition program.
        (2) The limitation in paragraph (1) shall not apply after the
    Secretary of the Army submits to Congress--
            (A) the Secretary's certification that the Secretary has
        established and implemented the program strategy required by
        subsection (a); and
            (B) each of the documents specified in subsection (c).

    SEC. 212. COLLABORATIVE PROGRAM FOR RESEARCH AND DEVELOPMENT OF VACUUM
                  ELECTRONICS TECHNOLOGIES.

        (a) Program Required.--The Secretary of Defense shall establish a
    program for research and development in advanced vacuum electronics to
    meet the requirements of Department of Defense systems.
        (b) Description of Program.--The program under subsection (a) shall
    be carried out collaboratively by the Director of Defense Research and
    Engineering, the Secretary of the Navy, the Secretary of the Air Force,
    the Secretary of the Army, and other appropriate elements of the
    Department of Defense. The program shall include the following
    activities:
            (1) Activities needed for development and maturation of
        advanced vacuum electronics technologies needed to meet the
        requirements of the Department of Defense.
            (2) Identification of legacy and developmental Department of
        Defense systems which may make use of advanced vacuum electronics
        under the program.
        (c) Report.--Not later than January 31, 2005, the Director of
    Defense Research and Engineering shall submit to the congressional
    defense committees a report on the implementation of the program under
    subsection (a). The report shall include the following:
            (1) Identification of the organization to have lead
        responsibility for carrying out the program.
            (2) Assessment of the role of investing in vacuum electronics
        technologies as part of the overall strategy of the Department of
        Defense for investing in electronics technologies to meet the
        requirements of the Department.
            (3) The management plan and schedule for the program and any
        agreements relating to that plan.
            (4) Identification of the funding required for fiscal year 2006
        and for the future-years defense program to carry out the program.
            (5) A list of program capability goals and objectives.
            (6) An outline of the role of basic and applied research in
        support of the development and maturation of advanced vacuum
        electronics technologies needed to meet the requirements of the
        Department of Defense.
            (7) Assessment of global capabilities in vacuum electronics
        technologies and the effect of those capabilities on the national
        security and economic competitiveness of the United States.

    SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON JOINT STRIKE FIGHTER
                  PROGRAM.

        (a) Annual GAO Review.--The Comptroller General shall conduct an
    annual review of the Joint Strike Fighter aircraft program and shall,
    not later than March 15 of each year, submit to the congressional
    defense committees a report on the results of the most recent review.
    With each such report, the Comptroller General shall submit a
    certification as to whether the Comptroller General has had access to
    sufficient information to enable the Comptroller General to make
    informed judgments on the matters covered by the report.
        (b) Matters to Be Included.--Each report on the Joint Strike
    Fighter aircraft program under subsection (a) shall include the
    following with respect to system development and demonstration under
    the program:
            (1) The extent to which such system development and
        demonstration is meeting established goals, including the goals
        established for performance, cost, and schedule.
            (2) The plan for such system development and demonstration
        (leading to production) for the fiscal year that begins in the year
        in which the report is submitted.
            (3) The Comptroller General's conclusion regarding whether such
        system development and demonstration (leading to production) is
        likely to be completed at a total cost not in excess of the amount
        specified (or to be specified) for such purpose in the Selected
        Acquisition report for the Joint Strike Fighter aircraft program
        under section 2432 of title 10, United States Code, for the first
        quarter of the fiscal year during which the report of the
        Comptroller General is submitted.
        (c) Requirement to Support Annual GAO Review.--The Secretary of
    Defense and the prime contractor for the Joint Strike Fighter aircraft
    program shall provide to the Comptroller General such information on
    that program as the Comptroller General considers necessary to carry
    out the responsibilities of the Comptroller General under this section,
    including such information as is necessary for the purposes of
    subsection (b)(3).
        (d) Termination.--No report is required under this section after
    the report that, under subsection (a), is required to be submitted not
    later than March 15, 2009.

    SEC. 214. AMOUNTS FOR UNITED STATES JOINT FORCES COMMAND TO BE DERIVED
                  ONLY FROM DEFENSE-WIDE AMOUNTS.

        (a) In General.--Chapter 9 of title 10, United States Code, is
    amended by adding at the end the following new section:

    ``Sec. 232. United States Joint Forces Command: amounts for research,
                development, test, and evaluation to be derived only from
                Defense-wide amounts

        ``(a) Requirement.--Amounts for research, development, test, and
    evaluation for the United States Joint Forces Command shall be derived
    only from amounts made available to the Department of Defense for
    Defense-wide research, development, test, and evaluation.
        ``(b) Separate Display in Budget.--Any amount in the budget
    submitted to Congress under section 1105 of title 31 for any fiscal
    year for research, development, test, and evaluation for the United
    States Joint Forces Command shall be set forth under the account of the
    Department of Defense for Defense-wide research, development, test, and
    evaluation.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by adding at the end the following new item:

    ``232. United States Joint Forces Command: amounts for research,
              development, test, and evaluation to be derived only from
              Defense-wide amounts.''.

        (c) Applicability.--Section 232 of title 10, United States Code (as
    added by subsection (a)) applies to fiscal years beginning with fiscal
    year 2007.

    SEC. 215. 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. 216. 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. 217. JOINT UNMANNED COMBAT AIR SYSTEMS PROGRAM.

        (a) Executive Committee.--(1) The Secretary of Defense shall,
    subject to subsection (b), establish an executive committee and require
    that 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.

                      Subtitle C--Missile Defense Programs

    SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

        (a) Authority.--Funds described in subsection (b) may, upon
    approval by the Secretary of Defense, be used for the development and
    fielding of ballistic missile defense capabilities.
        (b) Covered Funds.--Subsection (a) applies to funds appropriated
    for fiscal year 2005 or fiscal year 2006 for research, development,
    test, and evaluation for the Missile Defense Agency.

    SEC. 232. INTEGRATION OF PATRIOT ADVANCED CAPABILITY-3 AND MEDIUM
                  EXTENDED AIR DEFENSE SYSTEM INTO BALLISTIC MISSILE
                  DEFENSE SYSTEM.

        (a) Relationship to Ballistic Missile Defense System.--The combined
    program of the Department of the Army known as the Patriot Advanced
    Capability-3/Medium Extended Air Defense System air and missile defense
    program (hereinafter in this section referred to as the ``PAC-3/MEADS
    program'') is an element of the Ballistic Missile Defense System.
        (b) Management of Configuration Changes.--The Director of the
    Missile Defense Agency, in consultation with the Secretary of the Army
    (acting through the Assistant Secretary of the Army for Acquisition,
    Logistics and Technology) shall ensure that any configuration change
    for the PAC-3/MEADS program is subject to the configuration control
    board processes of the Missile Defense Agency so as to ensure
    integration of the PAC-3/MEADS element with appropriate elements of the
    Ballistic Missile Defense System.
        (c) Required Procedures.--(1) Except as otherwise directed by the
    Secretary of Defense, the Secretary of the Army (acting through the
    Assistant Secretary of the Army for Acquisition, Logistics and
    Technology) may make a significant change to the baseline technical
    specifications or the baseline schedule for the PAC-3/MEADS program
    only with the concurrence of the Director of the Missile Defense
    Agency.
        (2) With respect to a proposal by the Secretary of the Army to make
    a significant change to the procurement quantity (including any
    quantity in any future block procurement) that, as of the date of such
    proposal, is planned for the PAC-3/MEADS program, the Secretary of
    Defense shall establish--
            (A) procedures for a determination of the effect of such change
        on Ballistic Missile Defense System capabilities and on the cost of
        the PAC-3/MEADS program; and
            (B) procedures for review of the proposed change by all
        relevant commands and agencies of the Department of Defense,
        including determination of the concurrence or nonconcurrence of
        each such command and agency with respect to such proposed change.
        (d) Report.--Not later than February 1, 2005, the Secretary of
    Defense shall submit to the congressional defense committees a report
    describing the procedures developed pursuant to subsection (c)(2).
        (e) Definitions.--For purpose of this section:
            (1) The term ``significant change'' means, with respect to the
        PAC-3/MEADS program, a change that would substantially alter the
        role or contribution of that program in the Ballistic Missile
        Defense System.
            (2) The term ``baseline technical specifications'' means, with
        respect to the PAC-3/MEADS program, those technical specifications
        for that program that have been approved by the configuration
        control board of the Missile Defense Agency and are in effect as of
        the date of the review.
            (3) The term ``baseline schedule'' means, with respect to the
        PAC-3/MEADS program, the development and production schedule for
        the PAC-3/MEADS program in effect at the time of a review of such
        program conducted pursuant to subsection (b) or (c)(2)(B).

    SEC. 233. COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC MISSILE DEFENSE
                  PROGRAMS.

        Section 232(g) of the National Defense Authorization Act for Fiscal
    Year 2002 (10 U.S.C. 2431 note) is amended to read as follows:
        ``(g) Comptroller General Assessment.--(1) At the conclusion of
    each of fiscal years 2002 through 2006, the Comptroller General of the
    United States shall carry out an assessment of the extent to which the
    Missile Defense Agency achieved the goals established under subsection
    (c) for that fiscal year for each ballistic missile defense program of
    the Department of Defense.
        ``(2) Not later than February 15 of each of 2003 through 2007, the
    Comptroller General shall submit to the congressional defense
    committees a report on the Comptroller General's assessment under
    paragraph (1) with respect to the preceding fiscal 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 CONGRESS 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 Congress.--It is the sense of Congress--
            (1) that Congress--
                (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.
    Sec. 302. Working capital funds.
    Sec. 303. Other Department of Defense programs.

                      Subtitle B--Environmental Provisions

    Sec. 311. Satisfaction of Superfund audit requirements by Inspector
              General of the Department of Defense.
    Sec. 312. Reimbursement of Environmental Protection Agency for certain
              costs in connection with Moses Lake Wellfield Superfund Site,
              Moses Lake, Washington.
    Sec. 313. Increase in authorized amount of environmental remediation,
              Front Royal, Virginia.
    Sec. 314. Small boat harbor, Unalaska, Alaska.
    Sec. 315. Report regarding encroachment issues affecting Utah Test and
              Training Range, Utah.
    Sec. 316. Comptroller General study and report on alternative
              technologies to decontaminate groundwater at Department of
              Defense installations.
    Sec. 317. Comptroller General study and report on drinking water
              contamination and related health effects at Camp Lejeune,
              North Carolina.
    Sec. 318. Sense of Congress regarding perchlorate contamination of
              ground and surface water from Department of Defense
              activities.

                     Subtitle C--Workplace and Depot Issues

    Sec. 321. Simplification of annual reporting requirements concerning
              funds expended for depot maintenance and repair workloads.
    Sec. 322. Repeal of annual reporting requirement concerning management
              of depot employees.
    Sec. 323. Extension of special treatment for certain expenditures
              incurred in operation of Centers of Industrial and Technical
              Excellence.
    Sec. 324. Temporary authority for contractor performance of security-
              guard functions.
    Sec. 325. Pilot program for purchase of certain municipal services for
              Army installations.
    Sec. 326. Bid protests by Federal employees in actions under Office of
              Management and Budget Circular A-76.
    Sec. 327. Limitations on conversion of work performed by Department of
              Defense civilian employees to contractor performance.
    Sec. 328. Competitive sourcing reporting requirement.

                       Subtitle D--Information Technology

    Sec. 331. Preparation of Department of Defense plan for transition to
              Internet Protocol version 6.
    Sec. 332. Defense business enterprise architecture, system
              accountability, and conditions for obligation of funds for
              defense business system modernization.
    Sec. 333. Report on maturity and effectiveness of the Global Information
              Grid Bandwidth Expansion (GIG-BE).

                  Subtitle E--Extensions of Program Authorities

    Sec. 341. Two-year extension of Department of Defense telecommunications
              benefit.
    Sec. 342. Extension of Arsenal Support Program Initiative.
    Sec. 343. Two-year extension of warranty claims recovery pilot program.

                            Subtitle F--Other Matters

    Sec. 351. Reimbursement for certain protective, safety, or health
              equipment purchased by or for members of the Armed Forces
              deployed in contingency operations.
    Sec. 352. Limitation on preparation or implementation of Mid-Range
              Financial Improvement Plan pending report.
    Sec. 353. Pilot program to authorize Army working-capital funded
              facilities to engage in cooperative activities with non-Army
              entities.
    Sec. 354. Transfer of excess Department of Defense personal property to
              assist firefighting agencies.

                  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, $26,098,411,000.
            (2) For the Navy, $29,682,590,000.
            (3) For the Marine Corps, $3,648,115,000.
            (4) For the Air Force, $28,298,660,000.
            (5) For Defense-wide activities, $17,325,276,000.
            (6) For the Army Reserve, $2,008,128,000.
            (7) For the Naval Reserve, $1,240,038,000.
            (8) For the Marine Corps Reserve, $188,696,000
            (9) For the Air Force Reserve, $2,239,790,000
            (10) For the Army National Guard, $4,452,786,000.
            (11) For the Air National Guard, $4,503,338,000.
            (12) For the United States Court of Appeals for the Armed
        Forces, $10,825,000.
            (13) For Environmental Restoration, Army, $400,948,000.
            (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.
            (20) For the Overseas Contingency Operations Transfer Fund,
        $10,000,000.

    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, $451,886,000.
            (2) For the National Defense Sealift Fund, $1,269,252,000.
            (3) For the Defense Working Capital Fund, Defense Commissary,
        $1,175,000,000.

    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,
    in the amount of $17,657,386,000, of which--
            (1) $17,219,844,000 is for Operation and Maintenance;
            (2) $72,907,000 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, in the amount of
    $1,371,990,000, of which--
            (A) $1,088,801,000 is for Operation and Maintenance;
            (B) $204,209,000 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, in the
    amount of $852,947,000.
        (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, in the amount of $204,562,000, of
    which--
            (1) $202,362,000 is for Operation and Maintenance;
            (2) $2,100,000 is for Procurement; and
            (3) $100,000 is for Research, Development, Test, and
        Evaluation.

                      Subtitle B--Environmental Provisions

    SEC. 311. SATISFACTION OF SUPERFUND AUDIT REQUIREMENTS BY 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 section 111(k) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(k))
    if the Inspector General conducts periodic audits of the payments,
    obligations, reimbursements, and other uses of the Hazardous Substance
    Superfund by the Department of Defense, 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. 312. 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. 313. 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. 314. SMALL BOAT HARBOR, UNALASKA, ALASKA.

        The Secretary of the Army shall carry out the small boat harbor
    project in Unalaska, Alaska, at a total estimated cost of $23,200,000,
    with an estimated Federal cost of $11,500,000 and an estimated non-
    Federal cost of $11,700,000, substantially in accordance with the
    plans, and subject to the conditions, recommended in a final report of
    the Chief of Engineers if a favorable final report of the Chief for the
    project is completed not later than December 31, 2004.

    SEC. 315. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING UTAH TEST AND
                  TRAINING RANGE, UTAH.

        (a) Report Required.--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
    in the report such recommendations as the Secretary considers
    appropriate regarding any legislative initiatives necessary to address
    encroachment problems identified by the Secretary in the report.
        (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. It is the sense of Congress
    that the recommendations contained in the report should be carefully
    considered for future legislative action.
        (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.

    SEC. 316. COMPTROLLER GENERAL STUDY AND REPORT ON ALTERNATIVE
                  TECHNOLOGIES TO DECONTAMINATE GROUNDWATER AT DEPARTMENT
                  OF DEFENSE INSTALLATIONS.

        (a) Comptroller General Study.--The Comptroller General shall
    conduct a study to determine whether 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, used to respond to groundwater
    contamination.
        (b) Elements of Study.--In conducting the study under subsection
    (a), the Comptroller General shall--
            (1) identify current technologies being used or field tested by
        the Department of Defense to treat groundwater at Department
        installations;
            (2) identify cost-effective technologies for the cleanup of
        groundwater contamination that--
                (A) are being researched, are under development by
            commercial vendors, or are available commercially and being
            used outside the Department; and
                (B) have potential for use by the Department to address
            groundwater contamination;
            (3) evaluate the potential benefits and limitations of using
        the technologies identified under paragraphs (1) and (2); and
            (4) consider the barriers, such as cost, capability, or legal
        restrictions, to using the technologies identified under paragraph
        (2).
        (c) Report Required.--Not later than April 1, 2005, the Comptroller
    General shall submit to the Committee on Armed Services of the Senate
    and the Committee on Armed Services of the House of Representatives a
    report containing the results of the study, including information
    regarding the matters specified in subsection (b) and any
    recommendations, including recommendations for administrative or
    legislative action, that the Comptroller General considers appropriate.

    SEC. 317. COMPTROLLER GENERAL STUDY AND REPORT ON DRINKING WATER
                  CONTAMINATION AND RELATED HEALTH EFFECTS AT CAMP LEJEUNE,
                  NORTH CAROLINA.

        (a) Study.--The Comptroller General 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; and
                (C) what actions have been taken to address such
            contamination.
            (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 of the Department of Health and Human Services, 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)(2) that the Comptroller General conduct an assessment of
    the study proposed by the Agency for Toxic Substances and Disease
    Registry, as described in such subsection, may not be construed as a
    basis for the delay of that study. The assessment 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. 318. SENSE OF CONGRESS REGARDING PERCHLORATE CONTAMINATION OF
                  GROUND AND SURFACE WATER FROM DEPARTMENT OF DEFENSE
                  ACTIVITIES.

        It is the sense of Congress that the Secretary of Defense should--
            (1) develop a plan for the remediation of perchlorate
        contamination resulting from the activities of the Department of
        Defense to ensure that the Department is prepared to respond
        quickly and appropriately once the United States establishes a
        drinking water standard for perchlorate;
            (2) continue remediation activities for perchlorate
        contamination at those sites where perchlorate contamination poses
        an imminent and substantial endangerment to public health and
        welfare and where the Department is undertaking site-specific
        remedial action as of the date of the enactment of this Act;
            (3) develop a plan for the remediation of perchlorate
        contamination resulting from the activities of the Department of
        Defense in cases in which, notwithstanding the lack of a drinking
        water standard for perchlorate, such contamination is present in
        ground or surface water at levels that the Secretary of Defense
        determines pose a hazard to human health; and
            (4) continue the process of evaluating and prioritizing
        perchlorate contamination sites without waiting for the
        establishment of the Federal drinking water standard for
        perchlorate.

                     Subtitle C--Workplace and Depot Issues

    SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS CONCERNING
                  FUNDS EXPENDED FOR DEPOT MAINTENANCE AND REPAIR
                  WORKLOADS.

        Subsection (d) of section 2466 of title 10, United States Code, is
    amended to read as follows:
        ``(d) Annual Report and Review.--(1) Not later than April 1 of each
    year, the Secretary of Defense shall submit to Congress a report
    identifying, for each of the armed forces (other than the Coast Guard)
    and each Defense Agency, the percentage of the funds referred to in
    subsection (a) that was expended during the preceding fiscal year, and
    are projected to be expended during the current fiscal year and the
    ensuing fiscal year, for performance of depot-level maintenance and
    repair workloads by the public and private sectors.
        ``(2) Not later than 90 days after the date on which the Secretary
    submits a report under paragraph (1), the Comptroller General shall
    submit to Congress the Comptroller General's views on whether--
            ``(A) the Department of Defense complied with the requirements
        of subsection (a) during the preceding fiscal year covered by the
        report; and
            ``(B) the expenditure projections for the current fiscal year
        and the ensuing fiscal year are reasonable.''.

    SEC. 322. REPEAL OF ANNUAL REPORTING REQUIREMENT CONCERNING MANAGEMENT
                  OF DEPOT EMPLOYEES.

        (a) Repeal.--Section 2472 of title 10, United States Code, is
    amended--
            (1) by striking ``(a) Prohibition on Management by End
        Strength.--''; and
            (2) by striking subsection (b).
        (b) Clerical Amendments.--(1) The heading of such section is
    amended to read as follows:

    ``Sec. 2472. Prohibition on management of depot employees by end
                strength''.

        (2) The table of sections at the beginning of chapter 146 of such
    title is amended by striking the item relating to section 2472 and
    inserting the following new item:

    ``2472. Prohibition on management of depot employees by end strength.''.

    SEC. 323. EXTENSION OF SPECIAL TREATMENT FOR CERTAIN EXPENDITURES
                  INCURRED IN 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''.

    SEC. 324. 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 of the subsection and
        inserting the following: ``at the end of September 30, 2006, except
        that such authority shall not be in effect after December 1, 2005,
        if the Secretary fails to submit to Congress the plan required by
        subsection (d)(4), until the date on which the Secretary submits
        the plan.
        ``(2) No security-guard functions may be performed under any
    contract entered into using the authority provided under this section
    during any period in which the authority for contractor performance of
    security-guard functions under this section is not in effect under
    paragraph (1). The term of any contract entered into using such
    authority may not extend beyond September 30, 2006.''.
        (b) Reaffirmation and Revision of Reporting Requirement.--
    Subsection (d) of such section is amended to read as follows:
        ``(d) Report and Plan Required.--Not later than December 1, 2005,
    the Secretary of Defense shall submit to the congressional defense
    committees a report that--
            ``(1) identifies each contract for the performance of security-
        guard functions entered into on or before September 30, 2004,
        pursuant to the authority provided by subsection (a), 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;
                ``(D) whether the contract was awarded pursuant to full and
            open competition; and
                ``(E) 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;
            ``(2) identifies, for each military installation at which such
        authority was used or is expected to be used, any requirements for
        the performance of security-guard functions described in subsection
        (a) that are expected to continue after the date on which such
        authority expires;
            ``(3) identifies 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
            ``(4) includes a plan for meeting such requirements, in a
        manner consistent with applicable law, on a long-term basis.''.

    SEC. 325. PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNICIPAL SERVICES FOR
                  ARMY INSTALLATIONS.

        (a) Pilot Program Authorized.--The Secretary of Army may carry out
    a pilot program to procure one or more of the municipal services
    specified in subsection (b) for an Army installation from a county or
    municipality in which the installation is located for the purpose of
    evaluating the efficacy of procuring such services rather than
    providing them directly.
        (b) Services Authorized for Procurement.--Only the following
    services may be procured for a military installation participating in
    the pilot program:
            (1) Refuse collection.
            (2) Refuse disposal.
            (3) Library services.
            (4) Recreation services.
            (5) Facility maintenance and repair.
            (6) Utilities.
        (c) Participating Installations.--Not more than two Army
    installations may be selected to participate in the pilot program, and
    only installations located in the United States are eligible for
    selection.
        (d) Congressional Notification.--The Secretary may not enter into a
    contract under the pilot program for the procurement of municipal
    services until the Secretary notifies the congressional defense
    committees of the proposed contract and a period of 14 days elapses
    from the date the notification is received by the committees.
        (e) Implementation Report.--(1) Not later than February 1, 2007,
    the Secretary shall submit to the congressional defense committees and
    the Comptroller General a report describing the implementation of the
    pilot program, evaluating the efficacy of procuring municipal services
    for participating installations from local counties or municipalities,
    and containing any recommendations that the Secretary considers
    appropriate regarding expansion or alteration of the program.
        (2) The Comptroller General shall submit to the congressional
    defense committees an assessment of the findings and recommendations
    contained in the report submitted under paragraph (1).
        (f) Termination of Pilot Program.--The pilot program shall
    terminate on September 30, 2010. Any contract entered into under the
    pilot program shall terminate not later than that date.

    SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER OFFICE OF
                  MANAGEMENT AND BUDGET CIRCULAR A-76.

        (a) Treatment of Agency Tender Official as Interested Party.--
    Section 3551(2) of title 31, United States Code, is amended--
            (1) by inserting ``(A)'' after ``(2)''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) The term includes the official responsible for submitting
        the Federal agency tender in a public-private competition conducted
        under Office of Management and Budget Circular A-76 regarding an
        activity or function of a Federal agency performed by more than 65
        full-time equivalent employees of the Federal agency.''.
        (b) Filing of Protest on Behalf of Federal Employees.--Section 3552
    of such title is amended--
            (1) by inserting ``(a)'' before ``A protest''; and
            (2) by adding at the end the following new subsection:
        ``(b)(1) In the case of an agency tender official who is an
    interested party under section 3551(2)(B) of this title, the official
    may file a protest in connection with the public-private competition
    for which the official is an interested party. At the request of a
    majority of the employees of the Federal agency who are engaged in the
    performance of the activity or function subject to such public-private
    competition, the official shall file a protest in connection with such
    public-private competition unless the official determines that there is
    no reasonable basis for the protest.
        ``(2) The determination of an agency tender official under
    paragraph (1) whether or not to file a protest is not subject to
    administrative or judicial review. An agency tender official shall
    provide written notification to Congress whenever the official makes a
    determination under paragraph (1) that there is no reasonable basis for
    a protest.''.
        (c) Intervention in Protest.--Section 3553 of such title is amended
    by adding at the end the following new subsection:
        ``(g) If an interested party files a protest in connection with a
    public-private competition described in section 3551(2)(B) of this
    title, a person representing a majority of the employees of the Federal
    agency who are engaged in the performance of the activity or function
    subject to the public-private competition may intervene in protest.''.
        (d) Applicability.--The amendments made by this section shall apply
    to protests filed under subchapter V of chapter 35 of title 31, United
    States Code, that relate to studies initiated under Office of
    Management and Budget Circular A-76 on or after the end of the 90-day
    period beginning on the date of the enactment of this Act.
        (e) Rule of Construction.--The amendments made by this section
    shall not be construed to authorize the use of a protest under
    subchapter V of chapter 35 of title 31, United States Code, with regard
    to a decision made by an agency tender official.

    SEC. 327. LIMITATIONS ON CONVERSION OF WORK PERFORMED BY DEPARTMENT OF
                  DEFENSE CIVILIAN EMPLOYEES TO CONTRACTOR PERFORMANCE.

        (a) Required Cost-Savings Threshold for Conversion.--If a public-
    private competition conducted under the Office of Management and Budget
    Circular A-76 dated May 29, 2003 (68 Fed. Reg. 32134), regarding an
    activity or function performed by civilian employees of the Department
    of Defense is required to include a formal comparison of the cost of
    civilian employee performance of the activity or function with the cost
    of contractor performance, the Secretary of Defense shall maintain the
    continued performance of the activity or function by civilian employees
    unless the competitive sourcing official 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
    the following:
            (1) $10,000,000.
            (2) 10 percent of the most efficient organization's personnel-
        related costs for performance of the activity or function by
        civilian employees.
        (b) Prohibition on Modification of Functions to Permit Streamlined
    A-76 Study.--The Secretary of Defense shall ensure that no
    organization, function, or activity of the Department of Defense is
    consolidated, restructured, reengineered, or otherwise modified in any
    way for the purpose of exempting any public-private competition
    conducted under the Office of Management and Budget Circular A-76 dated
    May 29, 2003 (68 Fed. Reg. 32134), regarding a commercial or industrial
    type function of the Department of Defense from the requirement to
    formally compare, in accordance with such Circular, the cost of
    civilian employee performance of the function with the cost of
    contractor performance.
        (c) Exception.--Subsection (a) does not apply in the case of a
    public-private competition conducted as part of the best-value source
    selection pilot program authorized by section 336 of the National
    Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
    U.S.C. 2461 note).

    SEC. 328. 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 D--Information Technology

    SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE PLAN FOR TRANSITION TO
                  INTERNET PROTOCOL VERSION 6.

        (a) Transition Plan Required.--The Secretary of Defense shall
    prepare a plan detailing the Department of Defense strategy to provide
    for the transition of the Department's information technology systems
    to Internet Protocol version 6 from the present use of Internet
    Protocol version 4 and other network protocols. In preparing the
    transition plan, the Secretary shall compare private industry plans for
    the transition to Internet Protocol version 6.
        (b) Elements of Plan.--The transition plan required by subsection
    (a) shall include the following:
            (1) An outline of the networking and security system equipment
        that will need to be replaced in the transition, including the
        timing and costs of such replacement.
            (2) An assessment of how the current and new networks and
        security systems will be managed.
            (3) An assessment of the potential impact of the transition,
        including an overall cost estimate for the transition and an
        estimate of the costs to be incurred by each of the military
        departments and the Defense Agencies.
            (4) Any measures proposed to alleviate any adverse effects of
        the transition.
        (c) Testing and Evaluation for Internet Protocol.--To determine
    whether a change to the use of Internet Protocol version 6 will support
    Department of Defense requirements, the Secretary of Defense shall
    provide for rigorous, real-world, end-to-end testing of Internet
    Protocol version 6, as proposed for use by the Department, to evaluate
    the following:
            (1) The ability of Internet Protocol version 6, with its ``best
        effort'' quality of service, to satisfactory support the
        Department's multiple applications and other information technology
        systems, including the use of Internet Protocol version 6 over
        bandwidth-constrained tactical circuits.
            (2) The ability of the Department's networks using Internet
        Protocol version 6 to respond to, and perform under, heavy loading
        of the core networks.
        (d) Reports on Plan and Test Results.--(1) Not later than March 31,
    2005, the Secretary of Defense shall submit to the congressional
    defense committees a report containing the transition plan prepared
    under subsection (a).
        (2) Not later than September 30, 2005, the Director of Operational
    Test and Evaluation shall submit to the congressional defense
    committees a report containing an update on the continuing test program
    and any test results.

    SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITECTURE, SYSTEM
                  ACCOUNTABILITY, AND CONDITIONS FOR OBLIGATION OF FUNDS
                  FOR DEFENSE BUSINESS SYSTEM MODERNIZATION.

        (a) In General.--(1) Chapter 131 of title 10, United States Code,
    is amended by inserting before section 2223 the following new section:

    ``Sec. 2222. Defense business systems: architecture, accountability,
                and modernization

        ``(a) Conditions for Obligation of Funds for Defense Business
    System Modernization.--Effective October 1, 2005, funds appropriated to
    the Department of Defense may not be obligated for a defense business
    system modernization that will have a total cost in excess of
    $1,000,000 unless--
            ``(1) the approval authority designated for the defense
        business system certifies to the Defense Business Systems
        Management Committee established by section 186 of this title that
        the defense business system modernization--
                ``(A) is in compliance with the enterprise architecture
            developed under subsection (c);
                ``(B) is necessary to achieve a critical national security
            capability or address a critical requirement in an area such as
            safety or security; or
                ``(C) is necessary to 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; and
            ``(2) the certification by the approval authority is approved
        by the Defense Business Systems Management Committee.
        ``(b) Obligation of Funds in Violation of Requirements.--The
    obligation of Department of Defense funds for a business system
    modernization in excess of the amount specified in subsection (a) that
    has not been certified and approved in accordance with such subsection
    is a violation of section 1341(a)(1)(A) of title 31.
        ``(c) Enterprise Architecture for Defense Business Systems.--Not
    later than September 30, 2005, the Secretary of Defense, acting through
    the Defense Business Systems Management Committee, shall develop--
            ``(1) an enterprise architecture to cover all defense business
        systems, and the functions and activities supported by defense
        business systems, which shall be sufficiently defined to
        effectively guide, constrain, and permit implementation of
        interoperable defense business system solutions and consistent with
        the policies and procedures established by the Director of the
        Office of Management and Budget, and
            ``(2) a transition plan for implementing the enterprise
        architecture for defense business systems.
        ``(d) Composition of Enterprise Architecture.--The defense business
    enterprise architecture developed under subsection (c)(1) 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.
        ``(e) Composition of Transition Plan.--(1) The transition plan
    developed under subsection (c)(2) 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.
        ``(f) Approval Authorities and Accountability for Defense Business
    Systems.--The Secretary of Defense shall delegate responsibility for
    review, approval, and oversight of the planning, design, acquisition,
    deployment, operation, maintenance, and modernization of defense
    business systems as follows:
            ``(1) The Under Secretary of Defense for Acquisition,
        Technology and Logistics shall be responsible and accountable for
        any defense business system the primary purpose of which is to
        support acquisition activities, logistics activities, or
        installations and environment activities of the Department of
        Defense.
            ``(2) The Under Secretary of Defense (Comptroller) shall be
        responsible and accountable for any defense business system the
        primary purpose of which is to support financial management
        activities or strategic planning and budgeting activities of the
        Department of Defense.
            ``(3) The Under Secretary of Defense for Personnel and
        Readiness shall be responsible and accountable for any defense
        business system the primary purpose of which is to support human
        resource management activities of the Department of Defense.
            ``(4) The Assistant Secretary of Defense for Networks and
        Information Integration and the Chief Information Officer of the
        Department of Defense shall be responsible and accountable for any
        defense business system the primary purpose of which is to support
        information technology infrastructure or information assurance
        activities of the Department of Defense.
            ``(5) The Deputy Secretary of Defense or an Under Secretary of
        Defense, as designated by the Secretary of Defense, shall be
        responsible for any defense business system the primary purpose of
        which is to support any activity of the Department of Defense not
        covered by paragraphs (1) through (4).
        ``(g) Defense Business System Investment Review.--(1) The Secretary
    of Defense shall require each approval authority designated under
    subsection (f) to establish, not later than March 15, 2005, an
    investment review process, consistent with section 11312 of title 40,
    to review the planning, design, acquisition, development, deployment,
    operation, maintenance, modernization, and project cost benefits and
    risks of all defense business systems for which the approval authority
    is responsible. The investment review process so established shall
    specifically address the responsibilities of approval authorities under
    subsection (a).
        ``(2) The review of defense business systems under the investment
    review process shall include the following:
            ``(A) Review and approval by an investment review board of each
        defense business system as an investment before the obligation of
        funds on the system.
            ``(B) Periodic review, but not less than annually, of every
        defense business system investment.
            ``(C) Representation on each investment review board by
        appropriate officials from among the armed forces, combatant
        commands, the Joint Chiefs of Staff, and Defense Agencies.
            ``(D) Use of threshold criteria to ensure an appropriate level
        of review within the Department of Defense of, and accountability
        for, defense business system investments depending on scope,
        complexity, and cost.
            ``(E) Use of procedures for making certifications in accordance
        with the requirements of subsection (a).
            ``(F) Use of procedures for ensuring consistency with the
        guidance issued by the Secretary of Defense and the Defense
        Business Systems Management Committee, as required by section
        186(c) of this title, and incorporation of common decision
        criteria, including standards, requirements, and priorities that
        result in the integration of defense business systems.
        ``(h) Budget Information.--In the materials that the Secretary
    submits to Congress in support of the budget submitted to Congress
    under section 1105 of title 31 for fiscal year 2006 and fiscal years
    thereafter, the Secretary of Defense shall include 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 (f).
            ``(4) For each such system, a description of each certification
        made under subsection (d) with regard to such system.
        ``(i) Congressional Reports.--Not later than March 15 of each year
    from 2005 through 2009, the Secretary of Defense shall submit to the
    congressional defense committees a report on Department of Defense
    compliance with the requirements of this section. The first report
    shall define plans and commitments for meeting the requirements of
    subsection (a), including specific milestones and performance measures.
    Subsequent reports shall--
            ``(1) describe actions taken and planned for meeting the
        requirements of subsection (a), including--
                ``(A) specific milestones and actual performance against
            specified performance measures, and any revision of such
            milestones and performance measures; and
                ``(B) specific actions on the defense business system
            modernizations submitted for certification under such
            subsection;
            ``(2) identify the number of defense business system
        modernizations so certified;
            ``(3) identify any defense business system modernization with
        an obligation in excess of $1,000,000 during the preceding fiscal
        year that was not certified under subsection (a), and the reasons
        for the waiver; and
            ``(4) discuss specific improvements in business operations and
        cost savings resulting from successful defense business systems
        modernization efforts.
        ``(j) Definitions.--In this section:
            ``(1) The term `approval authority', with respect to a defense
        business system, means the Department of Defense official
        responsible for the defense business system, as designated by
        subsection (f).
            ``(2) The term `defense business system' means an information
        system, other than a national security system, operated by, for, or
        on behalf of the Department of Defense, including financial
        systems, mixed systems, financial data feeder systems, and
        information technology and information assurance infrastructure,
        used to support business activities, such as acquisition, financial
        management, logistics, strategic planning and budgeting,
        installations and environment, and human resource management.
            ``(3) The term `defense business system modernization' means--
                ``(A) the acquisition or development of a new defense
            business system; or
                ``(B) any significant modification or enhancement of an
            existing defense business system (other than necessary to
            maintain current services).
            ``(4) The term `enterprise architecture' has the meaning given
        that term in section 3601(4) of title 44.
            ``(5) The terms `information system' and `information
        technology' have the meanings given those terms in section 11101 of
        title 40.
            ``(6) The term `national security system' has the meaning given
        that term in section 2315 of this title.''.
        (2) The table of sections at the beginning of such chapter is
    amended by inserting before the item relating to section 2223 the
    following new item:

    ``2222. Defense business systems: architecture, accountability, and
              modernization.''.

        (b) Defense Business System Management Committee.--(1) Chapter 7 of
    such title is amended by adding at the end the following new section:

    ``Sec. 186. Defense Business System Management Committee

        ``(a) Establishment.--The Secretary of Defense shall establish a
    Defense Business Systems Management Committee, to be composed of the
    following persons:
            ``(1) The Deputy Secretary of Defense.
            ``(2) The Under Secretary of Defense for Acquisition,
        Logistics, and Technology.
            ``(3) The Under Secretary of Defense for Personnel and
        Readiness.
            ``(4) The Under Secretary of Defense (Comptroller).
            ``(5) The Assistant Secretary of Defense for Networks and
        Information Integration.
            ``(6) The Secretaries of the military departments and the heads
        of the Defense Agencies.
            ``(7) Such additional personnel of the Department of Defense
        (including personnel assigned to the Joint Chiefs of Staff and
        combatant commands) as are designated by the Secretary of Defense.
        ``(b) Chairman and Vice Chairman.--The Deputy Secretary of Defense
    shall serve as the chairman of the Committee. The Secretary of Defense
    shall designate one of the officials specified in paragraphs (2)
    through (5) of subsection (a) as the vice chairman of the Committee,
    who shall act as chairman in the absence of the Deputy Secretary of
    Defense.
        ``(c) Duties.--(1) In addition to any other matters assigned to the
    Committee by the Secretary of Defense, the Committee shall--
            ``(A) recommend to the Secretary of Defense policies and
        procedures necessary to effectively integrate the requirements of
        section 2222 of this title into all business activities and any
        transformation, reform, reorganization, or process improvement
        initiatives undertaken within the Department of Defense;
            ``(B) review and approve any major update of the defense
        business enterprise architecture developed under subsection (b) of
        section 2222 of this title, including evolving the architecture,
        and of defense business systems modernization plans; and
            ``(C) manage cross-domain integration consistent with such
        enterprise architecture.
        ``(2) The Committee shall be responsible for coordinating defense
    business system modernization initiatives to maximize benefits and
    minimize costs for the Department of Defense and periodically report to
    the Secretary on the status of defense business system modernization
    efforts.
        ``(3) The Committee shall ensure that funds are obligated for
    defense business system modernization in a manner consistent with
    section 2222 of this title.
        ``(c) Definitions.--In this section, the terms `defense business
    system' and `defense business system modernization' have the meanings
    given such terms in section 2222 of this title.''.
        (2) The table of sections at the beginning of such chapter is
    amended by adding at the end the following new item:

    ``186. Defense Business System Management Committee.''.

        (c) Implementation Requirements.--Not later than 60 days after the
    date of the enactment of this Act, the Secretary of Defense shall--
            (1) complete the delegation of responsibility for the review,
        approval, and oversight of the planning, design, acquisition,
        deployment, operation, maintenance, and modernization of defense
        business systems required by subsection (f) of section 2222 of
        title 10, United States Code, as added by subsection (a)(1); and
            (2) designate a vice chairman of the Defense Business System
        Management Committee, as required by subsection (b) of section 186
        of such title, as added by subsection (b)(1).
        (d) 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
    section 2222 of title 10, United States Code, as added by subsection
    (a)(1), and again each year not later than 60 days after the submission
    of the annual report required under subsection (i), 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 such section.
        (e) Relation to Annual Registration Requirements.--Nothing in
    sections 186 and 2222 of title 10, United States Code, as added by this
    section, shall be construed to alter the requirements of section 8083
    of the Department of Defense Appropriations Act, 2005 (Public Law 108-
    287; 118 Stat. 989), with regard to information technology systems (as
    defined in subsection (d) of such section).
        (f) Repeal of Obsolete Financial Management Enterprise Architecture
    Requirements.--Section 1004 of the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C.
    113 note) is repealed.

    SEC. 333. REPORT ON MATURITY AND EFFECTIVENESS OF THE GLOBAL
                  INFORMATION GRID BANDWIDTH EXPANSION (GIG-BE).

        (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
    congressional defense committees a report on a test program to
    demonstrate the maturity and effectiveness of the Global Information
    Grid-Bandwidth Expansion (hereinafter in this section referred to as
    ``GIG-BE'').
        (b) Content of Report.--In the report under subsection (a), the
    Secretary of Defense shall include the following:
            (1) The Secretary's determination as to 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) Identification of--
                (A) the extent to which the GIG-BE architecture does not
            meet the overall goals of the GIG-BE program; and
                (B) the components of that architecture that are not yet
            sufficiently developed to achieve the overall goals of that
            program.
            (3) A plan for achieving compliance referred to in paragraph
        (1), together with cost estimates for carrying out that plan.
            (4) Documentation of the equipment and network configuration
        used in the test program to demonstrate real-world scenarios for
        the operation of the GIG-BE within the continental United States.

                 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. 1448) is amended by striking
    ``September 30, 2004'' and inserting ``September 30, 2006''.

    SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

        (a) Duration of Program.--Subsection (a) of section 343 of the
    Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
    (as enacted into law by Public Law 106-398; 10 U.S.C. 4551 note) is
    amended by striking ``2004'' and inserting ``2008''.
        (b) Additional Report Required.--Subsection (g) of such section is
    amended--
            (1) in paragraph (1), by striking ``2004'' and inserting
        ``2008''; and
            (2) in paragraph (2), by striking ``2003'' and inserting
        ``2007''.

    SEC. 343. TWO-YEAR EXTENSION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.

        Section 391 of the National Defense Authorization Act for Fiscal
    Year 1998 (Public Law 105-85; 10 U.S.C. 2304 note) is amended--
            (1) in subsection (f), by striking ``September 30, 2004'' and
        inserting ``September 30, 2006''; and
            (2) by adding at the end the following new subsection:
        ``(g) Reporting Requirement.--Not later than February 1, 2006, the
    Secretary of Defense shall submit to Congress a report on the pilot
    program, including--
            ``(1) a description of the extent to which commercial firms
        have been used to provide the services specified in subsection (b)
        and the type of services procured;
            ``(2) a description of any problems that have limited the
        ability of the Secretary to utilize the pilot program to procure
        such services; and
            ``(3) the recommendation of the Secretary regarding whether the
        pilot program should be made permanent or extended beyond September
        30, 2006.''.

                           Subtitle F--Other Matters

    SEC. 351. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR HEALTH
                  EQUIPMENT PURCHASED BY OR FOR MEMBERS OF THE ARMED FORCES
                  DEPLOYED IN CONTINGENCY OPERATIONS.

        (a) Reimbursement Required.--The Secretary of Defense shall
    reimburse a member of the Armed Forces for the cost (including any
    shipping cost) of any protective, safety, or health equipment that was
    purchased by the member or by another person on behalf of the member
    for the personal use of the member in anticipation of, or during, the
    deployment of the member in connection with Operation Noble Eagle,
    Operation Enduring Freedom, or Operation Iraqi Freedom, but only if--
            (1) the Secretary of Defense certifies that the protective,
        safety, or health equipment was critical to the protection, safety,
        or health of the member;
            (2) the member was not issued the protective, safety, or health
        equipment before the member became engaged in operations in areas
        or situations described in section 310(a)(2) of title 37, United
        States Code; and
            (3) the protective, safety, or health equipment was purchased
        by the member during the period beginning on September 11, 2001,
        and ending on July 31, 2004.
        (b) Amount of Reimbursement.--The amount of reimbursement provided
    under subsection (a) per item of protective, safety, or health
    equipment purchased by a member of the Armed Forces may not exceed
    $1,100.
        (c) Submission of Reimbursement Claims.--Claims for reimbursement
    for the cost of protective, safety, or health equipment purchased by a
    member of the Armed Forces shall be submitted to the Secretary of
    Defense under this section not later than one year after the date on
    which the implementing rules required by subsection (d) take effect.
        (d) Rulemaking.--Not later than 120 days after the date of the
    enactment of this Act, the Secretary of Defense shall issue rules to
    expedite the provision of reimbursement under subsection (a). In
    conducting such rulemaking, the Secretary shall address the
    circumstances under which the United States will assume title or
    ownership of any protective, safety, or health equipment for which
    reimbursement is made.

    SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTATION OF MID-RANGE
                  FINANCIAL IMPROVEMENT PLAN PENDING REPORT.

        Amounts authorized to be appropriated to the Department of Defense
    for fiscal year 2005 for operation and maintenance may not be obligated
    for the purpose of preparing or implementing the Mid-Range Financial
    Improvement Plan until the Secretary of Defense submits to the
    congressional defense committees a report containing the following:
            (1) A determination that the enterprise architecture for
        defense business systems and the transition plan for implementing
        the enterprise architecture have been developed, as required by
        subsection (c) of section 2222 of title 10, United States Code, as
        added by section 332(a).
            (2) An explanation of the manner in which the operation and
        maintenance funds will be used for each of the military departments
        and the Defense Agencies to prepare or implement the Mid-Range
        Financial Improvement Plan during that fiscal year.
            (3) An estimate of the costs for future fiscal years for each
        of the military departments and the Defense Agencies to prepare and
        implement the Mid-Range Financial Improvement Plan.

    SEC. 353. PILOT PROGRAM TO AUTHORIZE ARMY WORKING-CAPITAL FUNDED
                  FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-
                  ARMY ENTITIES.

        (a) Cooperative Arrangements 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: cooperative activities with
                non-Army entities

        ``(a) Cooperative Arrangements Authorized.--A working-capital
    funded Army industrial facility may enter into a contract or other
    cooperative arrangement with a non-Army entity to carry out with the
    non-Army entity a military or commercial project described in
    subsection (b), subject to the conditions prescribed in subsection (c).
        ``(b) Authorized Activities.--A cooperative arrangement entered
    into by an Army industrial facility under subsection (a) 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 the Army.
            ``(2) The performance of work by a non-Army entity at the
        facility.
            ``(3) The performance of work by the facility for a non-Army
        entity.
            ``(4) The sharing of work by the facility and a non-Army
        entity.
            ``(5) 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.
            ``(6) The preparation and submission of joint offers by the
        facility and a non-Army entity for competitive procurements entered
        into with Federal agency.
        ``(c) Conditions.--An activity authorized by subsection (b) may be
    carried out at an Army industrial facility under a cooperative
    arrangement entered into under subsection (a) 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) Maximized 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 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 United States to comply with quality,
            schedule, or cost performance requirements in the contract to
            carry out the activity.
        ``(d) Arangement Methods and Authorities.--To establish a
    cooperative arrangement under subsection (a) with a non-Army entity,
    the approval authority described in subsection (e) for an Army
    industrial facility may--
            ``(1) enter into a firm, fixed-price contract (or, if agreed to
        by the non-Army entity, a cost reimbursement contract) for a sale
        of articles or services or use of equipment or facilities;
            ``(2) enter into a multiyear contract for a period not to
        exceed five years, unless a longer period is specifically
        authorized by law;
            ``(3) charge the non-Army entity 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 the non-Army entity to use incremental funding
        to pay for the articles, services, or use of equipment or
        facilities; and
            ``(5) accept payment-in-kind.
        ``(e) Approval Authority.--The authority of an Army industrial
    facility to enter into a cooperative arrangement under subsection (a)
    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 an arrangement on a case-by-
    case basis or a class basis.
        ``(f) 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 (e) 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.
        ``(g) Exclusion From Depot-Level Maintenance and Repair Percentage
    Limitation.--Amounts expended for the performance of a depot-level
    maintenance and repair workload by non-Federal Government 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
    cooperative arrangement entered into under subsection (a).
        ``(h) 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 cooperative arrangement entered
        into under subsection (a); and
            ``(2) section 2667 of this title to leases of non-excess
        property in the administration of such an arrangement.
        ``(i) 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) A Federal agency (other than the Department of the
            Army).
                ``(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 a cooperative arrangement entered into
        under subsection (a), 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.
        ``(j) Expiration of Authority.--The authority to enter into a
    cooperative arrangement under subsection (a) expires September 30,
    2009, and arrangements entered into under such subsection shall
    terminate not later than that date.''.
        (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: cooperative activities with non-Army
              entities.''.

    SEC. 354. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PERSONAL PROPERTY TO
                  ASSIST FIREFIGHTING AGENCIES.

        Section 2576b of title 10, United States Code, is amended--
            (1) in subsection (a), by striking ``may'' and inserting
        ``shall''; and
            (2) in subsection (b), by striking ``may'' and inserting
        ``shall''.

                  TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                            Subtitle A--Active Forces

    Sec. 401. End strengths for active forces.
    Sec. 402. Revision in permanent active duty end strength minimum levels.
    Sec. 403. Additional authority for increases of Army and Marine Corps
              active duty personnel end strengths for fiscal years 2005
              through 2009.
    Sec. 404. 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 limitation on number of non-dual status
              technicians.
    Sec. 415. Maximum number of Reserve personnel authorized to be on active
              duty for operational support.
    Sec. 416. Accounting and management of reserve component personnel
              performing active duty or full-time National Guard duty for
              operational support.

                  Subtitle C--Authorizations of Appropriations

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

                           Subtitle A--Active Forces

    SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

        (a) In General.--The Armed Forces are authorized strengths for
    active duty personnel as of September 30, 2005, as follows:
            (1) The Army, 502,400.
            (2) The Navy, 365,900.
            (3) The Marine Corps, 178,000.
            (4) The Air Force, 359,700.
        (b) Limitation.--(1) The authorized strength for the Army provided
    in paragraph (1) of subsection (a) for active duty personnel for fiscal
    year 2005 is subject to the condition that costs of active duty
    personnel of the Army for that fiscal year in excess of 482,400 shall
    be paid out of funds authorized to be appropriated for that fiscal year
    for a contingent emergency reserve fund or as an emergency supplemental
    appropriation.
        (2) The authorized strength for the Marine Corps provided in
    paragraph (3) of subsection (a) for active duty personnel for fiscal
    year 2005 is subject to the condition that costs of active duty
    personnel of the Marine Corps for that fiscal year in excess of 175,000
    shall be paid out of funds authorized to be appropriated for that
    fiscal year for a contingent emergency reserve fund or as an emergency
    supplemental appropriation.

    SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
                  LEVELS.

        Section 691(b) of title 10, United States Code, is amended by
    striking paragraphs (1) through (4) and inserting the following:
            ``(1) For the Army, 502,400.
            ``(2) For the Navy, 365,900.
            ``(3) For the Marine Corps, 178,000.
            ``(4) For the Air Force, 359,700.''.

    SEC. 403. 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, and by up to 9,000 the end strength
    authorized for the Marine Corps, above the levels authorized for those
    services in the National Defense Authorization Act for Fiscal Year
    2004, as necessary--
                (1) to support the operational mission of the Army and
            Marine Corps in Iraq and Afghanistan; and
                (2) with respect to end strengths for the Army, 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.--(1) If the Secretary of Defense plans to
    increase the Army or Marine Corps 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 and the Marine Corps in excess of 175,000 (the end
    strengths authorized for active duty personnel of the Army and Marine
    Corps, respectively, for fiscal year 2004 in paragraphs (1) and (3) of
    section 401 of the National Defense Authorization Act for Fiscal Year
    2004 (Public Law 108-136; 117 Stat. 1450)).
        (2) If the amount proposed for the Department of Defense for fiscal
    year 2006 within budget function 050 (National Defense) includes
    amounts necessary for funding an active duty end strength of the Army
    in excess of 482,400, or an active duty end strength of the Marine
    Corps in excess of 175,000, for that fiscal year, the specification of
    amounts necessary for funding such end strength (as required under
    paragraph (1)) shall include the following additional information:
            (A) A display of the following amounts:
                (i) The amount that is to be funded out of the amounts
            proposed for the Department of Defense within budget function
            050 (National Defense) other than out of amounts for the Army
            and Marine Corps.
                (ii) The amount that is to be funded out of the amounts
            proposed for the Army and Marine Corps within budget function
            050 (National Defense).
                (iii) The estimated amounts that are to be funded out of
            emergency reserve funds and supplemental appropriations for
            fiscal year 2006.
            (B) A detailed justification for reliance on each funding
        source described in subparagraph (A).
            (C) A detailed discussion of which programs and plans of the
        Army and Marine Corps funded in the proposed budget for fiscal year
        2006 must be modified if the funding sources relied on, as
        presented under subparagraph (A), must be changed.
            (D) The projected Army and Marine Corps active duty end
        strengths for each of fiscal years 2006 through 2010, together with
        a detailed enumeration of the component costs of the projected end
        strengths for each such fiscal year.

    SEC. 404. 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) Permanent professors of the United States Military
        Academy and the United States Air Force Academy and professors of
        the United States Naval Academy who are career military professors
        (as defined in regulations prescribed by the Secretary of the
        Navy), but not to exceed 50 from any such academy.''.

                           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
    increased proportionately by the total authorized strengths of such
    units and by the total number of such individual members.

    SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
                  RESERVES.

        Within the end strengths prescribed in section 411(a), the reserve
    components of the Armed Forces are authorized, as of September 30,
    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 LIMITATION ON NUMBER OF 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 that term in
    section 10217(a) of title 10, United States Code.

    SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
                  ACTIVE DUTY FOR OPERATIONAL SUPPORT.

        During fiscal year 2005, the maximum number of members of the
    reserve components of the Armed Forces who may be serving at any time
    on full-time operational support duty under section 115(b) of title 10,
    United States Code, is the following:
            (1) The Army National Guard of the United States, 10,300.
            (2) The Army Reserve, 5,000.
            (3) The Naval Reserve, 6,200.
            (4) The Marine Corps Reserve, 2,500.
            (5) The Air National Guard of the United States, 10,100.
            (6) The Air Force Reserve, 3,600.

    SEC. 416. ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT PERSONNEL
                  PERFORMING ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY
                  FOR OPERATIONAL SUPPORT.

        (a) Strength Authorizations.--Section 115 of title 10, United
    States Code, is amended--
            (1) in subsection (a)(1)(A), by inserting ``unless on active
        duty pursuant to subsection (b)'' after ``active-duty personnel'';
            (2) in subsection (a)(1)(B), by inserting ``unless on active
        duty or full-time National Guard duty pursuant to subsection (b)''
        after ``reserve personnel'';
            (3) by redesignating subsections (b), (c), (d), (e), (f), (g)
        and (h) as subsections (c), (d), (e), (f), (g), (h) and (i),
        respectively; and
            (4) by inserting after subsection (a) the following new
        subsection (b):
        ``(b) Certain Reserves on Active Duty To Be Authorized by Law.--(1)
    Congress shall annually authorize the maximum number of members of a
    reserve component permitted to be on active duty or full-time National
    Guard duty at any given time who are called or ordered to--
            ``(A) active duty under section 12301(d) of this title for the
        purpose of providing operational support, as prescribed in
        regulation issued by the Secretary of Defense;
            ``(B) full-time National Guard duty under section 502(f)(2) of
        title 32 for the purpose of providing operational support when
        authorized by the Secretary of Defense;
            ``(C) active duty under section 12301(d) of this title or full-
        time National Guard duty under section 502(f)(2) of title 32 for
        the purpose of preparing for and performing funeral honors
        functions for funerals of veterans under section 1491 of this
        title;
            ``(D) active duty or retained on active duty under sections
        12301(g) of this title while in a captive status; or
            ``(E) active duty or retained on active duty under 12301(h) or
        12322 of this title for the purpose of medical evaluation or
        treatment.
        ``(2) A member of a reserve component who exceeds either of the
    following limits shall be included in the strength authorized under
    subparagraph (A) or subparagraph (B), as appropriate, of subsection
    (a)(1):
            ``(A) A call or order to active duty or full-time National
        Guard duty that specifies a period greater than three years.
            ``(B) The cumulative periods of active duty and full-time
        National Guard duty performed by the member exceed 1095 days in the
        previous 1460 days.
        ``(3) In determining the period of active service under paragraph
    (2), the following periods of active service performed by a member
    shall not be included:
            ``(A) All periods of active duty performed by a member who has
        not previously served in the Selected Reserve of the Ready Reserve.
            ``(B) All periods of active duty or full-time National Guard
        duty for which the member is exempt from strength accounting under
        paragraphs (1) through (8) of subsection (i).''.
        (b) Limitation on Appropriations.--Subsection (c) of such section
    (as redesignated by subsection (a)(3)) is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and
        inserting ``; or''; and
            (3) by inserting after paragraph (2) the following new
        paragraph:
            ``(3) the use of reserve component personnel to perform active
        duty or full-time National Guard duty under subsection (b) unless
        the strength for such personnel for that reserve component for that
        fiscal year has been authorized by law.''.
        (c) Authority for Secretary of Defense Variances in Maximum
    Strengths.--Subsection (f) of such section (as redesignated by
    subsection (a)(3)) is amended--
            (1) by striking ``End'' in the heading;
            (2) by striking ``and'' at the end of paragraph (2);
            (3) by striking the period at the end of paragraph (3) and
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(4) increase the maximum strength authorized pursuant to
        subsection (b)(1) for a fiscal year for certain reserves on active
        duty for any of the reserve components by a number equal to not
        more than 10 percent of that strength.''.
        (d) Conforming Amendments to Section 115.--Such section is further
    amended as follows:
            (1) Subsection (e) (as redesignated by subsection (a)(3)) is
        amended--
                (A) in paragraph (1), by striking ``subsection (a) or (c)''
            and inserting ``subsection (a) or (d)''; and
                (B) in paragraph (2)--
                    (i) by striking ``subsections (a) and (c)''; and
                inserting ``subsections (a) and (d)''; and
                    (ii) by striking ``pursuant to subsection (e)) and
                subsection (c)'' and inserting ``pursuant to subsection
                (f)) and subsection (d)'' each place it appears.
            (2) Subsection (g) (as redesignated by subsection (a)(3)) is
        amended by striking ``subsection (e)(1)'' in paragraph (2) and
        inserting ``subsection (f)(1)''.
            (3) Subsection (i) (as redesignated by subsection (a)(3)) is
        amended to read as follows:
        ``(i) Certain Personnel Excluded From Counting for Active-Duty End
    Strengths.--In counting personnel for the purpose of the end strengths
    authorized pursuant to subsection (a)(1), persons in the following
    categories shall be excluded:
            ``(1) Members of a reserve component ordered to active duty
        under section 12301(a) of this title.
            ``(2) Members of a reserve component in an active status
        ordered to active duty under section 12301(b) of this title.
            ``(3) Members of the Ready Reserve ordered to active duty under
        section 12302 of this title.
            ``(4) Members of the Selected Reserve of the Ready Reserve or
        members of the Individual Ready Reserve mobilization category
        described in section 10144(b) of this title ordered to active duty
        under section 12304 of this title.
            ``(5) Members of the National Guard called into Federal service
        under section 12406 of this title.
            ``(6) Members of the militia called into Federal service under
        chapter 15 of this title.
            ``(7) Members of the National Guard on full-time National Guard
        duty under section 502(f)(1) of title 32.
            ``(8) Members of reserve components on active duty for training
        or full-time National Guard duty for training.
            ``(9) Members of the Selected Reserve of the Ready Reserve on
        active duty to support programs described in section 1203(b) of the
        Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952(b)).
            ``(10) Members of the National Guard on active duty or full-
        time National Guard duty for the purpose of carrying out drug
        interdiction and counter-drug activities under section 112 of title
        32.
            ``(11) Members of a reserve component on active duty under
        section 10(b)(2) of the Military Selective Service Act (50 U.S.C.
        App. 460(b)(2)) for the administration of the Selective Service
        System.
            ``(12) Members of the National Guard on full-time National
        Guard duty for the purpose of providing command, administrative,
        training, or support services for the National Guard Challenge
        Program authorized by section 509 of title 32.''.
        (e) Military to Military Contact Strength Accounting.--Subsection
    (f) of section 168 of such title is amended to read as follows:
        ``(f) Active Duty End Strengths.--A member of a reserve component
    who is engaged in activities authorized under this section shall not be
    counted for purposes of the following personnel strength limitations:
            ``(1) The end strength for active-duty personnel authorized
        pursuant to section 115(a)(1) of this title for the fiscal year in
        which the member carries out the activities referred to under this
        section.
            ``(2) The authorized daily average for members in pay grades E-
        8 and E-9 under section 517 of this title for the calendar year in
        which the member carries out such activities.
            ``(3) The authorized strengths for commissioned officers under
        section 523 of this title for the fiscal year in which the member
        carries out such activities.''.
        (f) E-8 and E-9 Strength Accounting.--Subsection (a) of section 517
    of such title is amended by striking ``(other than for training) in
    connection with organizing, administering, recruiting, instructing, or
    training the reserve component of an armed force.'' and inserting ``as
    authorized under section 115(a)(1)(B) or 115(b) of this title, or
    excluded from counting for active duty end strengths under section
    115(i) of this title.''.
        (g) Field Grade Officer Strength Accounting.--(1) Paragraph (1) of
    section 523(b) of such title is amended to read as follows:
            (1) Reserve officers--
                ``(A) on active duty as authorized under section
            115(a)(1)(B) or 115(b)(1) of this title, or excluded from
            counting for active duty end strengths under section 115(i) of
            this title;
                ``(B) on active duty under section 10211, 10302 through
            10305, or 12402 of this title or under section 708 of title 32;
            or
                ``(C) on full-time National Guard duty.''.
        (2) Paragraph (7) of such section is amended by striking ``Reserve
    or retired officers'' and inserting ``Retired officers''.
        (h) Active Guard and Reserve Field Grade Officer Strength
    Accounting.--Paragraph (2) of section 12011(e) of such title is amended
    to read as follows:
            ``(2) Full-time National Guard duty (other than for training)
        under section 502(f) of title 32, except for duty under section
        115(b)(1)(B) and (C) of this title and section 115(i)(9) of this
        title.''.
        (i) Warrant Officer Active-Duty List Exclusion.--Paragraph (1) of
    section 582 of such title is amended to read as follows:
            ``(1) Reserve warrant officers--
                ``(A) on active duty as authorized under section
            115(a)(1)(B) or 115(b)(1) of this title, or excluded from
            counting for active duty end strengths under section 115(i) of
            this title; or
                ``(B) on full-time National Guard duty.''.
        (j) Officer Active-Duty List, Applicability of Chapter.--Paragraph
    (1) of section 641 of such title is amended to read as follows:
            ``(1) Reserve officers--
                ``(A) on active duty authorized under section 115(a)(1)(B)
            or 115(b)(1) of this title, or excluded from counting for
            active duty end strengths under section 115(i) of this title;
                ``(B) on active duty under section 3038, 5143, 5144, 8038,
            10211, 10301 through 10305, 10502, 10505, 10506(a), 10506(b),
            10507, or 12402 of this title or section 708 of title 32; or
                ``(C) on full-time National Guard duty.''.
        (k) Strength Accounting for Members Performing Drug Interdiction
    and Counter-Drug Activities.--Section 112 of title 32, United States
    Code, is amended--
            (1) by striking subsection (e);
            (2) by redesignating subsections (f), (g), (h) and (i) as
        subsections (e), (f), (g) and (h) respectively; and
            (3) in paragraph (1) of subsection (e), as redesignated by
        paragraph (2), by striking ``for a period of more than 180 days''
        each place it appears.
        (l) Report.--Not later than June 1, 2005, the Secretary of Defense
    shall report to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives the
    Secretary's recommendations regarding the exemptions provided in
    paragraphs (8) through (11) by section 115(i) of title 10, United
    States Code, as amended by this section. The recommendations shall
    address the manner in personnel covered by those exemptions shall be
    accounted for in authorizations provided by section 115 of such title.
    The objective of the analysis should be to terminate the need for such
    exemptions after September 30, 2006.
        (m) Regulations.--The Secretary of Defense shall prescribe by
    regulation the meaning of the term ``operational support'' for purposes
    of paragraph (1) of subsection (b) of section 115 of title 10, United
    States Code, as added by subsection (a).

                  Subtitle C--Authorizations of Appropriations

    SEC. 421. MILITARY PERSONNEL.

        There is hereby authorized to be appropriated to the Department of
    Defense for military personnel for fiscal year 2005 a total of
    $106,542,982,000. 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--Officer Personnel Policy

    Sec. 501. Transition of active-duty list officer force to a force of all
              regular officers.
    Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs
              of Naval Operations be selected from officers in the line of
              the Navy.
    Sec. 503. Limitation on number of officers frocked to major general and
              rear admiral.
    Sec. 504. Distribution in grade of Marine Corps reserve officers in an
              active status in grades below brigadier general
    Sec. 505. Authority for Federal recognition of National Guard
              commissioned officers appointed from former Coast Guard
              personnel.
    Sec. 506. Study regarding promotion eligibility of retired officers
              recalled to active duty.
    Sec. 507. Succession for office of Chief, National Guard Bureau.
    Sec. 508. Redesignation of Vice Chief of the National Guard Bureau as
              Director of the Joint Staff of the National Guard Bureau.

                  Subtitle B--Reserve Component Policy Matters

    Sec. 511. Modification of stated purpose of the reserve components.
    Sec. 512. Homeland defense activities conducted by the National Guard
              under authority of title 32.
    Sec. 513. Commission on the National Guard and Reserves.
    Sec. 514. Repeal of exclusion of active duty for training from authority
              to order Reserves to active duty.
    Sec. 515. Army program for assignment of active component advisers to
              units of the Selected Reserve.
    Sec. 516. Authority to accept certain voluntary services.
    Sec. 517. Authority to redesignate the Naval Reserve as the Navy
              Reserve.
    Sec. 518. Comptroller General assessment of integration of active and
              reserve components of the Navy.
    Sec. 519. Limitation on number of Starbase academies in a State.
    Sec. 520. Recognition items for certain reserve component personnel.

                 Subtitle C--Reserve Component Personnel Matters

    Sec. 521. Status under disability retirement system for reserve members
              released from active duty due to inability to perform within
              30 days of call to active duty.
    Sec. 522. Requirement for retention of Reserves on active duty to
              qualify for retired pay not applicable to nonregular service
              retirement system.
    Sec. 523. Federal civil service military leave for Reserve and National
              Guard civilian technicians.
    Sec. 524. Expanded educational assistance authority for officers
              commissioned through ROTC program at military junior colleges.
    Sec. 525. Repeal of sunset provision for financial assistance program
              for students not eligible for advanced training.
    Sec. 526. Effect of appointment or commission as officer on eligibility
              for Selected Reserve education loan repayment program for
              enlisted members.
    Sec. 527. Educational assistance for certain reserve component members
              who perform active service.
    Sec. 528. Sense of Congress on guidance concerning treatment of
              employer-provided compensation and other benefits voluntarily
              provided to employees who are activated Reservists.

    Subtitle D--Joint Officer Management and Professional Military Education

    Sec. 531. Strategic plan to link joint officer development to overall
              missions and goals of Department of Defense.
    Sec. 532. Improvement to professional military education in the
              Department of Defense.
    Sec. 533. Joint requirements for promotion to flag or general officer
              grade.
    Sec. 534. Clarification of tours of duty qualifying as a joint duty
              assignment.
    Sec. 535. Two-year extension of temporary standard for promotion policy
              objectives for joint officers.
    Sec. 536. Two-year extension of authority to waive requirement that
              Reserve Chiefs and National Guard Directors have significant
              joint duty experience.

                     Subtitle E--Military Service Academies

    Sec. 541. Revision to conditions on service of officers as service
              academy superintendents.
    Sec. 542. Academic qualifications of the dean of the faculty of United
              States Air Force Academy.
    Sec. 543. Board of Visitors of United States Air Force Academy.
    Sec. 544. Appropriated funds for service academy athletic and
              recreational extracurricular programs to be treated in same
              manner as for military morale, welfare, and recreation
              programs.
    Sec. 545. Codification of prohibition on imposition of certain charges
              and fees at the service academies.

                Subtitle F--Other Education and Training Matters

    Sec. 551. College First delayed enlistment program.
    Sec. 552. Senior Reserve Officers' Training Corps and recruiter access
              at institutions of higher education.
    Sec. 553. Tuition assistance for officers.
    Sec. 554. Increased maximum period for leave of absence for pursuit of a
              program of education in a health care profession.
    Sec. 555. Eligibility of cadets and midshipmen for medical and dental
              care and disability benefits.
    Sec. 556. Transfer of authority to confer degrees upon graduates of the
              Community College of the Air Force.
    Sec. 557. Change in titles of leadership positions at the Naval
              Postgraduate School.

        Subtitle G--Assistance to Local Educational Agencies for Defense
                              Dependents Education

    Sec. 558. Continuation of impact aid assistance on behalf of dependents
              of certain members despite change in status of member.
    Sec. 559. Assistance to local educational agencies that benefit
              dependents of members of the Armed Forces and Department of
              Defense civilian employees.
    Sec. 560. Impact aid for children with severe disabilities.

         Subtitle H--Medals and Decorations and Special Promotions and
                                  Appointments

    Sec. 561. Award of medal of honor to individual interred in the Tomb of
              the Unknowns as representative of casualties of a war.
    Sec. 562. 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.
    Sec. 563. Authority to appoint Brigadier General Charles E. Yeager,
              United States Air Force (retired), to the grade of major
              general on the retired list.
    Sec. 564. Posthumous commission of William Mitchell in the grade of
              major general in the Army.

                           Subtitle I--Military Voting

    Sec. 566. Federal write-in ballots for absentee military voters located
              in the United States.
    Sec. 567. Repeal of requirement to conduct electronic voting
              demonstration project for the Federal election to be held in
              November 2004.
    Sec. 568. Reports on operation of Federal voting assistance program and
              military postal system.

                      Subtitle J--Military Justice Matters

    Sec. 571. Review on how sexual offenses are covered by Uniform Code of
              Military Justice.
    Sec. 572. Waiver of recoupment of time lost for confinement in
              connection with a trial.
    Sec. 573. Processing of forensic evidence collection kits and
              acquisition of sufficient stocks of such kits.
    Sec. 574. Authorities of the Judge Advocates General.

                 Subtitle K--Sexual Assault in the Armed Forces

    Sec. 576. Examination of sexual assault in the Armed Forces by the
              Defense Task Force established to examine sexual harassment
              and violence at the military service academies.
    Sec. 577. Department of Defense policy and procedures on prevention and
              response to sexual assaults involving members of the Armed
              Forces.

                Subtitle L--Management and Administrative Matters

    Sec. 581. Three-year extension of limitation on reductions of personnel
              of agencies responsible for review and correction of military
              records.
    Sec. 582. Staffing for Defense Prisoner of War/Missing Personnel Office
              (DPMO).
    Sec. 583. Permanent ID cards for retiree dependents age 75 and older.
    Sec. 584. Authority to provide civilian clothing to members traveling in
              connection with medical evacuation.
    Sec. 585. Authority to accept donation of frequent traveler miles,
              credits, and tickets to facilitate rest and recuperation
              travel of deployed members of the Armed Forces and their
              families.
    Sec. 586. Annual report identifying reasons for discharges from the
              Armed Forces during preceding fiscal year.
    Sec. 587. Study of blended wing concept for the Air Force.
    Sec. 588. Sense of Congress regarding return of members to active duty
              service upon rehabilitation from service-related injuries.

                            Subtitle M--Other Matters

    Sec. 591. Protection of Armed Forces personnel from retaliatory actions
              for communications made through the chain of command.
    Sec. 592. Implementation plan for accession of persons with specialized
              skills.
    Sec. 593. Enhanced screening methods and process improvements for
              recruitment of home schooled and National Guard Challenge
              program GED recipients.
    Sec. 594. Redesignation of National Guard Challenge Program as National
              Guard Youth Challenge Program.
    Sec. 595. Reports on certain milestones relating to Department of
              Defense transformation.
    Sec. 596. Report on issues relating to removal of remains of persons
              interred in United States military cemeteries overseas.
    Sec. 597. Comptroller General reports on closure of Department of
              Defense dependent elementary and secondary schools and
              commissary stores.
    Sec. 598. Comptroller General report on transition assistance programs
              for members separating from the Armed Forces.
    Sec. 599. Study on coordination of job training standards with
              certification standards for military occupational specialties.

                      Subtitle A--Officer Personnel Policy

    SEC. 501. 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 is further amended by adding at the end the
    following new subsection:
        ``(f) The Secretary of Defense may waive the requirement of
    paragraph (1) of subsection (a) with respect to a person who has been
    lawfully admitted to the United States for permanent residence when the
    Secretary determines that the national security so requires, but only
    for an original appointment in a grade below the grade of major or
    lieutenant commander.''.
        (B) Section 619(d) of such title 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,
    first lieutenant, and captain in the Regular Army, Regular Air Force,
    and Regular Marine Corps and in the grades of ensign, lieutenant
    (junior grade), and lieutenant in the Regular Navy shall be made by the
    President alone.
        ``(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 Limitations for Active-Duty Regular
    Commissioned Officers.--(1) Section 522 of such title 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 of the University
    of Health Sciences.--Section 2114(b) of such title is amended by
    striking ``Notwithstanding any other provision of law, they shall
    serve'' in the second sentence and all that follows through ``if
    qualified,'' in the third sentence and inserting ``They shall be
    appointed as regular officers in the grade of second lieutenant or
    ensign and shall serve on active duty in that grade. Upon graduation
    they shall be required to serve on active duty''.
        (f) Termination of Requirement of 6 Years Service in a Reserve
    Component for Nonregular Service Retirement Eligibility.--Section
    12731(a)(3) of such title is amended by inserting after ``(3)'' the
    following: ``in the case of a person who completed the service
    requirements of paragraph (2) before the end of the 180-day period
    beginning on the date of the enactment of the National Defense
    Authorization Act for Fiscal Year 2005,''.
        (g) Effective Date.--(1) Except as provided in paragraph (2), the
    amendments made by this section shall take effect on the first day of
    the first month beginning more than 180 days after the date of the
    enactment of this Act.
        (2) The amendment made by subsection (a)(1) shall take effect on
    May 1, 2005.

    SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS AND ASSISTANT CHIEFS
                  OF NAVAL OPERATIONS BE SELECTED FROM OFFICERS IN THE LINE
                  OF THE NAVY.

        (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. 503. LIMITATION ON NUMBER OF OFFICERS FROCKED TO MAJOR GENERAL AND
                  REAR ADMIRAL.

        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, as the case may be, may not exceed 30.''.

    SEC. 504. DISTRIBUTION IN GRADE OF MARINE CORPS RESERVE OFFICERS IN AN
                  ACTIVE STATUS IN GRADES BELOW BRIGADIER GENERAL.

        The table in section 12005(c)(1) of title 10, United States Code,
    is amended to read as follows:

    ``Colonel...............................................
                                                                  2 percent
    Lieutenant colonel......................................
                                                                  8 percent
    Major...................................................
                                                                 16 percent
    Captain.................................................
                                                                 39 percent
    First lieutenant and second lieutenant (when combined
      with the number authorized for general officer grades
      under section 12004 of this title)....................
                                                              35 percent.''.

    SEC. 505. AUTHORITY FOR FEDERAL RECOGNITION OF NATIONAL GUARD
                  COMMISSIONED OFFICERS APPOINTED FROM FORMER COAST GUARD
                  PERSONNEL.

        Section 305(a) of title 32, United States Code, is amended--
            (1) by striking ``Army, Navy, Air Force, or Marine Corps'' in
        paragraphs (2), (3), and (4) and inserting ``armed forces''; and
            (2) by striking ``or the United States Air Force Academy'' in
        paragraph (5) and inserting ``the United States Air Force Academy,
        or the United States Coast Guard Academy''.

    SEC. 506. STUDY REGARDING PROMOTION ELIGIBILITY OF RETIRED 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
    officers on active duty, but not on the active-duty list by reason of
    section 582(2) or 641(4) of title 10, United States Code, to be
    eligible for consideration for promotion under chapter 33A of such
    title, in the case of warrant officers, or chapter 36 of such title, in
    the case of officers other than warrant officers.
        (b) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary 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.

    SEC. 507. SUCCESSION FOR OFFICE OF CHIEF, NATIONAL GUARD BUREAU.

        (a) Designation of Senior Officer in National Guard Bureau.--
    Section 10502 of title 10, United States Code, is amended by adding at
    the end the following new subsection:
        ``(e) Succession.--(1) Unless otherwise directed by the President
    or the Secretary of Defense, the senior of the two officers specified
    in paragraph (2) shall serve as the acting Chief of the National Guard
    Bureau during any period that--
            ``(A) there is a vacancy in the position of Chief of the
        National Guard Bureau; or
            ``(B) the Chief is unable to perform the duties of that office.
        ``(2) The officers specified in this paragraph are the following:
            ``(A) The senior officer of the Army National Guard of the
        United States on duty with the National Guard Bureau.
            ``(B) The senior officer of the Air National Guard of the
        United States on duty with the National Guard Bureau.''.
        (b) Clerical Amendments.--(1) The heading of such section is
    amended to read as follows:

    ``Sec. 10502. Chief of the National Guard Bureau: appointment; adviser
                on National Guard matters; grade; succession''.

        (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:

    ``10502. Chief of the National Guard Bureau: appointment; adviser on
              National Guard matters; grade; succession.''.

        (c) Conforming Repeal.--Subsections (d) and (e) of section 10505 of
    such title are repealed.

    SEC. 508. 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), and (c) 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) Section 10506(a)(1) of such title 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 such
    title 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 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.

                  Subtitle B--Reserve Component Policy Matters

    SEC. 511. MODIFICATION OF STATED PURPOSE OF THE RESERVE COMPONENTS.

        Section 10102 of title 10, United States Code, is amended by
    striking ``, during'' and all that follows through ``planned
    mobilization,''.

    SEC. 512. HOMELAND DEFENSE ACTIVITIES CONDUCTED BY THE NATIONAL GUARD
                  UNDER AUTHORITY OF TITLE 32.

        (a) In General.--(1) Title 32, United States Code, is amended by
    adding at the end the following new chapter:

                    ``CHAPTER 9--HOMELAND DEFENSE ACTIVITIES

    ``Sec.
    ``901. Definitions.
    ``902. Homeland defense activities: funds.
    ``903. Regulations.
    ``904. Homeland defense duty.
    ``905. Funding assistance.
    ``906. Requests for funding assistance.
    ``907. Relationship to State duty.
    ``908. Annual report.

    ``Sec. 901. Definitions

        ``In this chapter:
            ``(1) The term `homeland defense activity' means an activity
        undertaken for the military protection of the territory or domestic
        population of the United States, or of infrastructure or other
        assets of the United States determined by the Secretary of Defense
        as being critical to national security, from a threat or aggression
        against the United States.
            ``(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.

    ``Sec. 902. Homeland defense activities: funds

        ``(a) The Secretary of Defense may provide funds to a Governor to
    employ National Guard units or members to conduct homeland defense
    activities that the Secretary, determines to be necessary and
    appropriate for participation by the National Guard units or members,
    as the case may be.

    ``Sec. 903. Regulations

        ``The Secretary of Defense shall prescribe regulations to implement
    this chapter.

    ``Sec. 904. Homeland defense duty

        ``(a) Full-Time National Guard Duty.--All duty performed under this
    chapter shall be considered to be full-time National Guard duty under
    section 502(f) of this title. Members of the National Guard performing
    full-time National Guard duty in the Active Guard and Reserve Program
    may support or execute homeland defense activities performed by the
    National Guard under this chapter.
        ``(b) Duration.--The period for which a member of the National
    Guard performs duty under this chapter shall be limited to 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 performing duty under this chapter shall, in addition to
    performing such duty, participate in the training required under
    section 502(a) of this title. 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 the duty under
    this chapter. 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 defense activities does not
    degrade the training and readiness of such units and personnel, the
    following requirements shall apply in determining the homeland defense
    activities that units and personnel of the National Guard of a State
    may perform:
            ``(1) The performance of the activities is not to affect
        adversely 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) The performance of the activities is not to degrade the
        military skills of the members of the National Guard performing
        those activities.

    ``Sec. 905. Funding assistance

        ``In the case of any homeland defense activity for which the
    Secretary of Defense determines under section 902 of this title that
    participation of units or members of the National Guard of a State is
    necessary and appropriate, the Secretary may provide funds to that
    State in an amount that the Secretary determines is appropriate for the
    following costs of the participation in that activity from funds
    available to the Department for related purposes:
            ``(1) The pay, allowances, clothing, subsistence, gratuities,
        travel, and related expenses of personnel of the National Guard of
        that State.
            ``(2) The operation and maintenance of the equipment and
        facilities of the National Guard of that State.
            ``(3) The procurement of services and equipment, and the
        leasing of equipment, for the National Guard of that State.

    ``Sec. 906. Requests for funding assistance

        ``A Governor of a State may request funding assistance for the
    homeland defense activities of the National Guard of that State from
    the Secretary of Defense. Any such request shall include the following:
            ``(1) The specific intended homeland defense activities of the
        National Guard of that State.
            ``(2) An explanation of why participation of National Guard
        units or members, as the case may be, in the homeland defense
        activities is necessary and appropriate.
            ``(3) A certification that homeland defense activities are to
        be conducted at a time when the personnel involved are not in
        Federal service.

    ``Sec. 907. Relationship to State duty

        ``Nothing in this chapter 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.

    ``Sec. 908. Annual report

        ``(a) Requirement for Report.--After the end of each fiscal year,
    the Secretary of Defense shall submit to the congressional defense
    committees a report regarding any assistance provided and activities
    carried out under this chapter during that fiscal year. The report for
    a fiscal year shall be submitted not later than March 31 of the year
    following the year in which such fiscal year ended.
        ``(b) Content.--The report for a fiscal year shall include the
    following matters:
            ``(1) The numbers of members of the National Guard excluded
        under subsection (i) of section 115 of title 10 from being counted
        for the purpose of end-strengths authorized pursuant to subsection
        (a)(1) of such section.
            ``(2) A description of the homeland defense activities
        conducted with funds provided under this chapter.
            ``(3) An accounting of the amount of the 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 defense activities under this chapter.''.
        (2) The table of chapters at the beginning of such title is amended
    by adding at the end the following new item:

    ``9. Homeland Defense Activities..................................901''.

        (b) Conforming Amendment.--Section 115 of title 10, United States
    Code, is amended by adding at the end the following new subsection:
        ``(i) Certain Full-Time National Guard Duty Personnel Excluded From
    Counting for Full-Time National Guard Duty End Strengths.--In counting
    full-time National Guard duty personnel for the purpose of end-
    strengths authorized pursuant to subsection (a)(1), persons
    involuntarily performing homeland defense activities under chapter 9 of
    title 32 shall be excluded.''.

    SEC. 513. 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''.
        (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 do the following:
            (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 the Department of Defense plan for implementation of
        section 115(b) of title 10, United States Code, as added by section
        404(a)(4).
            (D) 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.
            (E) 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.
            (F) 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.
            (G) 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.
            (H) 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.
            (I) 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.
            (J) 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) Sections 955,
    956, 957 (other than subsection (f)), 958, and 959 of the National
    Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10
    U.S.C 111 note) shall apply to the Commission, except that in applying
    section 957(a) of such Act to the Commission, ``level IV of the
    Executive Schedule'' shall be substituted for ``level V of the
    Executive Schedule''.
        (2) 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 three months after the first
    meeting of the Commission, 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 one year after the first meeting of the
    Commission, the Commission shall submit a final report to the
    committees of Congress referred to in paragraph (1) and to the
    Secretary of Defense. 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.--(1) The Secretary of Defense shall annually
    review the reserve components of the Armed Forces with regard to--
            (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.
        (2) The Secretary shall submit a report of the annual review,
    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.
        (3) The first review under paragraph (1) shall take place during
    fiscal year 2006.

    SEC. 514. 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) in the first sentence, by striking ``(other than for
            training)'' and inserting ``as provided in subsection (a)'';
            and
                (B) in the second sentence, by striking ``ordered to active
            duty (other than for training)'' and inserting ``so ordered to
            active duty''; and
            (3) in subsection (e), by striking ``(other than for
        training)'' and inserting ``as provided 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. 515. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE COMPONENT ADVISERS TO
                  UNITS OF THE SELECTED RESERVE.

        (a) Change in Minimum Number Required to be Assigned.--Section
    414(c)(1) of the National Defense Authorization Act for Fiscal Years
    1992 and 1993 (10 U.S.C. 12001 note) is amended by striking ``5,000''
    and inserting ``3,500''.
        (b) Limitation on Reductions.--Notwithstanding the amendment made
    by subsection (a), the Secretary of the Army may not reduce the number
    of active component Reserve support personnel below the number of such
    personnel as of the date of the enactment of this Act until the report
    required by subsection (c) has been submitted.
        (c) Report.--Not later than March 31, 2005, the Secretary of the
    Army shall submit to the Committees on Armed Services of the Senate and
    House of Representatives a report on the support by active components
    of the Army for training and readiness of the Army National Guard and
    Army Reserve. The report shall include an evaluation and determination
    of each of the following:
            (1) The effect on the ability of the Army to improve such
        training and readiness resulting from the reduction under the
        amendment made by subsection (a) in the minimum number of active
        component Reserve support personnel.
            (2) The adequacy of having 3,500 members of the Army (the
        minimum number required under the law as so amended) assigned as
        active component Reserve support personnel in order to meet
        emerging training requirements in the Army reserve components in
        connection with unit and force structure conversions and
        preparations for wartime deployment.
            (3) The nature and effectiveness of efforts by the Army to
        reallocate the 3,500 personnel assigned as active component Reserve
        support personnel to higher priority requirements and to expand the
        use of reservists on active duty to meet reserve component training
        needs.
            (4) Whether the Army is planning further reductions in the
        number of active component Reserve support personnel and, if so,
        the scope and rationale for those reductions.
            (5) Whether an increase in Army reserve component full-time
        support personnel will be required to replace the loss of active
        component Reserve support personnel.
        (d) Definition.--In this section, the term ``active component
    Reserve support personnel'' means the active component Army personnel
    assigned as advisers to units of the Selected Reserve of the Ready
    Reserve of the Army pursuant to section 414 of the National Defense
    Authorization Act for Fiscal Years 1992 and 1993 (10 U.S.C. 12001
    note).

    SEC. 516. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY SERVICES.

        Section 1588 of title 10, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following new
        paragraph:
            ``(8) Voluntary services to support programs of a committee of
        the Employer Support of the Guard and Reserve as authorized by the
        Secretary of Defense.''; and
            (2) in subsection (f)(1), by striking ``subsection (a)(3)'' and
        inserting ``paragraph (3) or (8) of subsection (a)''.

    SEC. 517. AUTHORITY TO REDESIGNATE THE NAVAL RESERVE AS THE NAVY
                  RESERVE.

        (a) Authority of Secretary of the Navy.--The Secretary of the Navy
    may, with the approval of the President, redesignate the reserve
    component known as the Naval Reserve as the ``Navy Reserve''. Any such
    redesignation shall be effective on a date specified by the Secretary,
    which date may not be earlier than the date that is 180 days after the
    date on which the Secretary submits recommended legislation under
    subsection (c).
        (b) Publication of Redesignation.--If the Secretary of the Navy
    exercises the authority to redesignate the Naval Reserve under
    subsection (a), the Secretary shall promptly publish in the Federal
    Register and submit to the Congress notice of the redesignation,
    including the effective date of the redesignation.
        (c) Conforming Legislation.--If the Secretary of the Navy exercises
    the authority to redesignate the Naval Reserve under subsection (a),
    the Secretary shall submit to the Congress 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.
        (d) References.--If the Secretary of the Navy exercises the
    authority to redesignate the Naval Reserve under subsection (a), then
    on and after the effective date of the redesignation, 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. 518. COMPTROLLER GENERAL ASSESSMENT OF INTEGRATION OF ACTIVE AND
                  RESERVE COMPONENTS OF THE NAVY.

        (a) Assessment.--The Comptroller General shall review the plan of
    the Secretary of the Navy for, and implementation by the Secretary of,
    initiatives undertaken within the Navy to improve the integration of
    the active and reserve components of the Navy in peacetime and wartime
    operations resulting from--
            (1) the Naval Reserve Redesign Study carried out by the Navy;
        and
            (2) the zero-based review of reserve component force structure
        undertaken by the commander of the Fleet Forces Command of the Navy
        during fiscal year 2004.
        (b) Report.--No later than March 31, 2005, the Comptroller General
    shall submit to the Committees on Armed Services of the Senate and
    House of Representatives a report on the results of the review under
    subsection (a). The Comptroller General shall include in the report
    recommendations for improved active and reserve component integration
    in the Navy.
        (c) Matters to be Examined.--In conducting the review under
    subsection (a), the Comptroller General shall examine the following:
            (1) The criteria the Navy used to determine the following with
        respect to integration of the active and reserve components of the
        Navy:
                (A) The future mix of active and reserve component force
            structure.
                (B) Organization of command and control elements.
                (C) Manpower levels.
                (D) Basing changes.
            (2) The extent to which the plans of the Navy for improving the
        integration of the active and reserve components of the Navy
        considered each of the following:
                (A) The new Fleet Response Plan of the Navy.
                (B) The flexible deployment concept.
                (C) Global operations.
                (D) Emerging mission requirements.
                (E) Other evolving initiatives.
            (3) The manner in which the timing of the execution of planned
        active and reserve integration initiatives will correlate with the
        funding of those initiatives, including consideration of an
        evaluation of the adequacy of the funding allocated to those
        integration initiatives.
            (4) For naval aviation forces, the extent to which the active
        and reserve component integration plans of the Navy will affect
        factors such as--
                (A) common training and readiness standards for active and
            reserve forces;
                (B) reserve component access to the same equipment as the
            active component;
                (C) relationships between command and headquarters elements
            of active and reserve forces;
                (D) trends in the use by the Navy of units referred to as
            ``associate'' units or ``blended'' units;
                (E) Basing criteria of future aviation forces; and
                (F) Employment of Naval Reserve aviation forces and
            personnel in peacetime and wartime operations.

    SEC. 519. LIMITATION ON NUMBER OF STARBASE ACADEMIES IN A STATE.

        Paragraph (3) of section 2193b(c) of title 10, United States Code,
    is amended to read as follows:
        ``(3)(A) Except as otherwise provided under subparagraph (B), the
    Secretary may not support the establishment in any State of more than
    two academies under the program.
        ``(B) The Secretary may support the establishment and operation of
    an academy in a State in excess of two academies in that State if the
    Secretary expressly waives, in writing, the limitation in subparagraph
    (A) with respect to that State. In the case of any such waiver,
    appropriated funds may be used for the establishment and operation of
    an academy in excess of two in that State only to the extent that
    appropriated funds are expressly available for that purpose. Any such
    waiver shall be made under criteria to be prescribed by the
    Secretary.''.

    SEC. 520. RECOGNITION ITEMS FOR CERTAIN RESERVE COMPONENT PERSONNEL.

        (a) Army Reserve.--(1) Chapter 1805 of title 10, United States
    Code, is amended by adding at the end the following new section:

    ``Sec. 18506. Recruitment and retention: availability of funds for
                recognition items for Army Reserve personnel

        ``(a) Availability of Funds.--(1) Under regulations prescribed by
    the Secretary of the Army, funds authorized to be appropriated to the
    Army Reserve and available for recruitment and retention of military
    personnel may be obligated and expended for recognition items that are
    distributed to members of the Army Reserve and to members of their
    families and other individuals recognized as providing support that
    substantially facilitates service in the Army Reserve.
        ``(2) The purpose of the distribution of such items shall be to
    enhance the recruitment and retention of members of the Army Reserve.
        ``(b) Provision of Meals and Refreshments.--For purposes of section
    520c of this title and any regulation prescribed to implement that
    section, functions conducted for the purpose of presenting recognition
    items described in subsection (a) shall be treated as recruiting
    functions and recipients of such items shall be treated as persons who
    are the objects of recruiting efforts.
        ``(c) Limitation on Value.--The value of items referred to in
    subsection (a) that are distributed to any single member of the Army
    Reserve at any one time may not exceed $50.
        ``(d) Termination of Authority.--The authority under this section
    shall expire December 31, 2005.''.
        (2) The table of sections at the beginning of such chapter is
    amended by adding at the end the following new item:

    ``18506. Recruitment and retention: availability of funds for
              recognition items for Army Reserve personnel.''.

        (b) Use of Funds to Promote Retention in the National Guard.--(1)
    Chapter 7 of title 32, United States Code, is amended by adding at the
    end the following new section:

    ``Sec. 717. Presentation of recognition items for retention purposes

        ``(a) Expenditures for Recognition Items.--Under regulations
    prescribed by the Secretary of the Army and the Secretary of the Air
    Force, funds appropriated for the Army National Guard or Air National
    Guard for the purpose of recruitment and retention of military
    personnel may be expended to procure recognition items of nominal or
    modest value for retention purposes and to present such items to
    members of the National Guard and to members of their families and
    other individuals recognized as providing support that substantially
    facilitates service in the National Guard.
        ``(b) Provision of Meals and Refreshments.--For purposes of section
    520c of title 10 and any regulation prescribed to implement that
    section, functions conducted for the purpose of presenting recognition
    items described in subsection (a) shall be treated as recruiting
    functions and recipients of such items shall be treated as persons who
    are the objects of recruiting efforts.
        ``(c) Relation to Other Law.--The authority provided in this
    section is in addition to other provision of law authorizing the use of
    appropriations for recruitment and retention purposes.
        ``(d) Definition.--The term `recognition items of nominal or modest
    value' means commemorative coins, medals, trophies, badges, flags,
    posters, paintings, or other similar items that are valued at less than
    $50 per item and are designed to recognize or commemorate service in
    the armed forces or National Guard.
        ``(e) Termination of Authority.--The authority under this section
    shall expire December 31, 2005.''.
        (2) The table of sections at the beginning of such chapter is
    amended by adding at the end the following new item:

    ``717. Presentation of recognition items for retention purposes.''.

        (c) Effective Date.--Section 18506 of title 10, United States Code,
    as added by subsection (a), and section 717 of title 32, United States
    Code, as added by subsection (b), shall take effect as of November 24,
    2003, and as if included in the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136).

                Subtitle C--Reserve Component Personnel Matters

    SEC. 521. STATUS UNDER DISABILITY RETIREMENT SYSTEM FOR RESERVE MEMBERS
                  RELEASED FROM ACTIVE DUTY DUE TO INABILITY TO PERFORM
                  WITHIN 30 DAYS OF CALL TO ACTIVE DUTY.

        (a) In General.--Chapter 61 of title 10, United States Code, is
    amended by inserting after section 1206 the following new section:

    ``Sec. 1206a. Reserve component members unable to perform duties when
                ordered to active duty: disability system processing

        ``(a) Members Released From Active Duty Within 30 Days.--A member
    of a reserve component who is ordered to active duty for a period of
    more than 30 days and is released from active duty within 30 days of
    commencing such period of active duty for a reason stated in subsection
    (b) shall be considered for all purposes under this chapter to have
    been serving under an order to active duty for a period of 30 days or
    less.
        ``(b) Applicable Reasons for Release.--Subsection (a) applies in
    the case of a member released from active duty because of a failure to
    meet--
            ``(1) physical standards for retention due to a preexisting
        condition not aggravated during the period of active duty; or
            ``(2) medical or dental standards for deployment due to a
        preexisting condition not aggravated during the period of active
        duty.
        ``(c) Savings Provision for Medical Care Provided While on Active
    Duty.--Notwithstanding subsection (a), any benefit under chapter 55 of
    this title received by a member described in subsection (a) or a
    dependent of such member before or during the period of active duty
    shall not be subject to recoupment or otherwise affected.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by inserting after the item relating to section
    1206 the following new item:

    ``1206a. Reserve component members unable to perform duties when ordered
              to active duty: disability system processing.''.

    SEC. 522. REQUIREMENT FOR RETENTION OF RESERVES ON ACTIVE DUTY TO
                  QUALIFY FOR RETIRED PAY NOT APPLICABLE TO NONREGULAR
                  SERVICE RETIREMENT SYSTEM.

        Section 12686(a) of title 10, United States Code, is amended by
    inserting ``(other than the retirement system under chapter 1223 of
    this title)'' after ``retirement system''.

    SEC. 523. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR RESERVE AND NATIONAL
                  GUARD CIVILIAN TECHNICIANS.

        Section 6323(d)(1) of title 5, United States Code is amended by
    striking ``(other than active duty during a war or national emergency
    declared by the President or Congress)''.

    SEC. 524. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR OFFICERS
                  COMMISSIONED THROUGH ROTC PROGRAM AT MILITARY JUNIOR
                  COLLEGES.

        (a) Financial Assistance Program for Service on Active Duty.--
    Section 2107(c) of title 10, United States Code, is amended by adding
    at the end the following new paragraph:
        ``(5)(A) The Secretary of the Army, under regulations and criteria
    established by the Secretary, may provide an individual who received a
    commission as a Reserve officer in the Army from a military junior
    college through a program under this chapter and who does not have a
    baccalaureate degree with financial assistance for pursuit of a
    baccalaureate degree.
        ``(B) Such assistance is in addition to any financial assistance
    provided under paragraph (1), (3), or (4).
        ``(C) The agreement and reimbursement requirements established in
    section 2005 of this title are applicable to financial assistance under
    this paragraph.
        ``(D) An officer receiving financial assistance under this
    paragraph shall be attached to a unit of the Army as determined by the
    Secretary and shall be considered to be a member of the Senior Reserve
    Officers' Training Corps on inactive duty for training, as defined in
    section 101(23) of title 38.
        ``(E) A qualified officer who did not previously receive financial
    assistance under this section is eligible to receive educational
    assistance under this paragraph.
        ``(F) A Reserve officer may not be called or ordered to active duty
    for a deployment while participating in the program under this
    paragraph.
        ``(G) Any service obligation incurred by an officer under an
    agreement entered into under this paragraph shall be in addition to any
    service obligation incurred by that officer under any other provision
    of law or agreement.''.
        (b) Financial Assistance Program for Service in Troop Program
    Units.--Section 2107a(c) of such title is amended by adding at the end
    the following new paragraph:
        ``(4)(A) The Secretary of the Army may provide an individual who
    received a commission as a Reserve officer in the Army from a military
    junior college through a program under this chapter and who does not
    have a baccalaureate degree with financial assistance for pursuit of a
    baccalaureate degree.
        ``(B) Such assistance is in addition to any provided under
    paragraph (1) or (2).
        ``(C) The agreement and reimbursement requirements established in
    section 2005 of this title are applicable to financial assistance under
    this paragraph.
        ``(D) An officer receiving financial assistance under this
    paragraph shall be attached to a unit of the Army as determined by the
    Secretary and shall be considered to be a member of the Senior Reserve
    Officers' Training Corps on inactive duty for training, as defined in
    section 101(23) of title 38.
        ``(E) A qualified officer who did not previously receive financial
    assistance under this section is eligible to receive educational
    assistance under this paragraph.
        ``(F) A Reserve officer may not be called or ordered to active duty
    for a deployment while participating in the program under this
    paragraph.
        ``(G) Any service obligation incurred by an officer under an
    agreement entered into under this paragraph shall be in addition to any
    service obligation incurred by that officer under any other provision
    of law or agreement.''.
        (c) Implementation Report.--Not later than March 31, 2007, the
    Secretary of the Army shall submit to the Committee on Armed Services
    of the Senate and the Committee on Armed Services of the House of
    Representatives a report providing information on the experience of the
    Department of the Army under paragraph (5) of section 2107(c) of title
    10, United States Code, as added by subsection (a), and under paragraph
    (4) of section 2107a(c) of title 10, United States Code, as added by
    subsection (b). The report shall include any recommendations the
    Secretary considers necessary for the improvement of the programs under
    those paragraphs.

    SEC. 525. REPEAL OF SUNSET PROVISION FOR FINANCIAL ASSISTANCE PROGRAM
                  FOR STUDENTS NOT ELIGIBLE FOR ADVANCED TRAINING.

        Section 2103a of title 10, United States Code, is amended by
    striking subsection (d).

    SEC. 526. EFFECT OF APPOINTMENT OR COMMISSION AS OFFICER ON ELIGIBILITY
                  FOR SELECTED RESERVE EDUCATION LOAN REPAYMENT PROGRAM FOR
                  ENLISTED MEMBERS.

        Section 16301(a) of title 10, United States Code, is amended--
            (1) in paragraph (2), by striking ``The Secretary'' in the
        first sentence and inserting ``Except as provided in paragraph (3),
        the Secretary of Defense''; and
            (2) by adding at the end the following new paragraph:
        ``(3) In the case of a commitment made by the Secretary of Defense
    after the date of the enactment of this paragraph to repay a loan under
    paragraph (1) conditioned upon the performance by the borrower of
    service as an enlisted member under paragraph (2), the Secretary may
    repay the loan for service performed by the borrower as an officer
    (rather than as an enlisted member) in the case of a borrower who,
    after such commitment is entered into and while performing service as
    an enlisted member, accepts an appointment or commission as a warrant
    officer or commissioned officer of the Selected Reserve.''.

    SEC. 527. EDUCATIONAL ASSISTANCE FOR CERTAIN RESERVE COMPONENT MEMBERS
                  WHO PERFORM ACTIVE SERVICE.

        (a) Establishment of Program.--Part IV of subtitle E of title 10,
    United States Code, is amended by inserting after chapter 1606 the
    following new chapter:

     ``CHAPTER 1607--EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS
         SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS

    ``Sec.
    ``16161. Purpose.
    ``16162. Educational assistance program.
    ``16163. Eligibility for educational assistance.
    ``16164. Time limitation for use of entitlement.
    ``16165. Termination of assistance.
    ``16166. Administration of program.

    ``Sec. 16161. Purpose

        ``The purpose of this chapter is to provide educational assistance
    to members of the reserve components called or ordered to active
    service in response to a war or national emergency declared by the
    President or the Congress, in recognition of the sacrifices that those
    members make in answering the call to duty.

    ``Sec. 16162. Educational assistance program

        ``(a) Program Establishment.--The Secretary of each military
    department, under regulations prescribed by the Secretary of Defense,
    and the Secretary of Homeland Security with respect to the Coast Guard
    when it is not operating as a service in the Navy, shall establish and
    maintain a program as prescribed in this chapter to provide educational
    assistance to members of the Ready Reserve of the armed forces under
    the jurisdiction of the Secretary concerned.
        ``(b) Authorized Education Programs.--Educational assistance may be
    provided under this chapter for pursuit of any program of education
    that is an approved program of education for purposes of chapter 30 of
    title 38.
        ``(c) Benefit Amount.--(1) The educational assistance program
    established under subsection (a) shall provide for payment by the
    Secretary concerned, through the Secretary of Veterans Affairs, an
    educational assistance allowance to each member entitled to educational
    assistance under this chapter who is pursuing a program of education
    authorized under subsection (b).
        ``(2) The educational assistance allowance provided under this
    chapter shall be based on the applicable percent under paragraph (4) to
    the applicable rate provided under section 3015 of title 38 for a
    member whose entitlement is based on completion of an obligated period
    of active duty of three years.
        ``(3) The educational assistance allowance provided under this
    section for a person who is undertaking a program for which a reduced
    rate is specified in chapter 30 of title 38, that rate shall be further
    adjusted by the applicable percent specified in paragraph (4).
        ``(4) The adjusted educational assistance allowance under paragraph
    (2) or (3), as applicable, shall be--
            ``(A) 40 percent in the case of a member of a reserve component
        who performed active service for 90 consecutive days but less than
        one continuous year;
            ``(B) 60 percent in the case of a member of a reserve component
        who performed active service for one continuous year but less than
        two continuous years; or
            ``(C) 80 percent in the case of a member of a reserve component
        who performed active service for two continuous years or more.
        ``(d) Maximum Months of Assistance.--(1) Subject to section 3695 of
    title 38, the maximum number of months of educational assistance that
    may be provided to any member under this chapter is 36 (or the
    equivalent thereof in part-time educational assistance).
        ``(2)(A) Notwithstanding any other provision of this chapter or
    chapter 36 of title 38, any payment of an educational assistance
    allowance described in subparagraph (B) shall not--
            ``(i) be charged against the entitlement of any individual
        under this chapter; or
            ``(ii) be counted toward the aggregate period for which section
        3695 of title 38 limits an individual's receipt of assistance.
        ``(B) The payment of the educational assistance allowance referred
    to in subparagraph (A) is the payment of such an allowance to the
    individual for pursuit of a course or courses under this chapter if the
    Secretary of Veterans Affairs finds that the individual--
            ``(i) had to discontinue such course pursuit as a result of
        being ordered to serve on active duty under section 12301(a),
        12301(d), 12301(g), 12302, or 12304 of this title; and
            ``(ii) failed to receive credit or training time toward
        completion of the individual's approved educational, professional,
        or vocational objective as a result of having to discontinue, as
        described in clause (i), the individual's course pursuit.
        ``(C) The period for which, by reason of this subsection, an
    educational assistance allowance is not charged against entitlement or
    counted toward the applicable aggregate period under section 3695 of
    title 38 shall not exceed the portion of the period of enrollment in
    the course or courses for which the individual failed to receive credit
    or with respect to which the individual lost training time, as
    determined under subparagraph (B)(ii).

    ``Sec. 16163. Eligibility for educational assistance

        ``(a) Eligibility.--On or after September 11, 2001, a member of a
    reserve component is entitled to educational assistance under this
    chapter if the member--
            ``(1) served on active duty in support of a contingency
        operation for 90 consecutive days or more; or
            ``(2) in the case of a member of the Army National Guard of the
        United States or Air National Guard of the United States, performed
        full time National Guard duty under section 502(f) of title 32 for
        90 consecutive days or more when authorized by the President or
        Secretary of Defense for the purpose of responding to a national
        emergency declared by the President and supported by Federal funds.
        ``(b) Disabled Members.--Notwithstanding the eligibility
    requirements in subsection (a), a member who was ordered to active
    service as prescribed under subsection (a)(1) or (a)(2) but is released
    from duty before completing 90 consecutive days because of an injury,
    illness or disease incurred or aggravated in the line of duty shall be
    entitled to educational assistance under this chapter at the rate
    prescribed in section 16162(c)(4)(A) of this title.
        ``(c) Written Notification.--(1) Each member who becomes entitled
    to educational assistance under subsection (a) shall be given a
    statement in writing prior to release from active service that
    summarizes the provisions of this chapter and stating clearly and
    prominently the substance of section 16165 of this title as such
    section may apply to the member.
        ``(2) At the request of the Secretary of Veterans Affairs, the
    Secretary concerned shall transmit a notice of entitlement for each
    such member to that Secretary.
        ``(d) Bar From Dual Eligibility.--A member who qualifies for
    educational assistance under this chapter may not receive credit for
    such service under both the program established by chapter 30 of title
    38 and the program established by this chapter but shall make an
    irrevocable election (in such form and manner as the Secretary of
    Veterans Affairs may prescribe) as to the program to which such service
    is to be credited.
        ``(e) Bar From Duplication of Educational Assistance Allowance.--
    (1) Except as provided in paragraph (2), an individual entitled to
    educational assistance under this chapter who is also eligible for
    educational assistance under chapter 1606 of this title, chapter 30,
    31, 32, or 35 of title 38, or under the Hostage Relief Act of 1980
    (Public Law 96-449; 5 U.S.C. 5561 note) may not receive assistance
    under more than one such programs and shall elect (in such form and
    manner as the Secretary concerned may prescribe) under which program
    the member elects to receive educational assistance.
        ``(2) The restriction on duplication of educational assistance
    under paragraph (1) does not apply to the entitlement of educational
    assistance under section 16131(i) of this title.

    ``Sec. 16164. Time limitation for use of entitlement

        ``(a) Duration of Entitlement.--Except as provided in subsection
    (b), a member remains entitled to educational assistance under this
    chapter while serving--
            ``(1) in the Selected Reserve of the Ready Reserve, in the case
        of a member called or ordered to active service while serving in
        the Selected Reserve; or
            ``(2) in the Ready Reserve, in the case of a member ordered to
        active duty while serving in the Ready Reserve (other than the
        Selected Reserve).
        ``(b) Duration of Entitlement for Disabled Members.--(1) In the
    case of a person who is separated from the Ready Reserve because of a
    disability which was not the result of the individual's own willful
    misconduct incurred on or after the date on which such person became
    entitled to educational assistance under this chapter, such person's
    entitlement to educational assistance expires at the end of the 10-year
    period beginning on the date on which such person became entitled to
    such assistance.
        ``(2) The provisions of subsections (d) and (f) of section 3031 of
    title 38 shall apply to the period of entitlement prescribed by
    paragraph (1).

    ``Sec. 16165. Termination of assistance

        ``Educational assistance may not be provided under this chapter, or
    if being provided under this chapter, shall be terminated--
            ``(1) if the member is receiving financial assistance under
        section 2107 of this title as a member of the Senior Reserve
        Officers' Training Corps program; or
            ``(2) when the member separates from the Ready Reserve, as
        provided for under section 16164(a)(1) or section 16164(a)(2), as
        applicable, of this title.

    ``Sec. 16166. Administration of program

        ``(a) Administration.--Educational assistance under this chapter
    shall be provided through the Department of Veterans Affairs, under
    agreements to be entered into by the Secretary of Defense, and by the
    Secretary of Homeland Security, with the Secretary of Veterans Affairs.
    Such agreements shall include administrative procedures to ensure the
    prompt and timely transfer of funds from the Secretary concerned to the
    Department of Veterans Affairs for the making of payments under this
    chapter.
        ``(b) Program Management.--Except as otherwise provided in this
    chapter, the provisions of sections 503, 511, 3470, 3471, 3474, 3476,
    3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I
    and II of chapter 36 of such title (with the exception of sections
    3686(a), 3687, and 3692) shall be applicable to the provision of
    educational assistance under this chapter. The term `eligible veteran'
    and the term `person', as used in those provisions, shall be deemed for
    the purpose of the application of those provisions to this chapter to
    refer to a person eligible for educational assistance under this
    chapter.
        ``(c) Flight Training.--The Secretary of Veterans Affairs may
    approve the pursuit of flight training (in addition to a course of
    flight training that may be approved under section 3680A(b) of title
    38) by an individual entitled to educational assistance under this
    chapter if--
            ``(1) such training is generally accepted as necessary for the
        attainment of a recognized vocational objective in the field of
        aviation;
            ``(2) the individual possesses a valid private pilot
        certificate and meets, on the day the member begins a course of
        flight training, the medical requirements necessary for a
        commercial pilot certificate; and
            ``(3) the flight school courses meet Federal Aviation
        Administration standards for such courses and are approved by the
        Federal Aviation Administration and the State approving agency.
        ``(d) Trust Fund.--Amounts for payments for benefits under this
    chapter shall be derived from the Department of Defense Education
    Benefits Fund under section 2006 of this title.''.
        (b) Conforming Amendments.--(1) Section 2006(b) of such title is
    amended--
            (A) in paragraph (1), by striking ``chapter 1606'' and
        inserting ``chapters 1606 and 1607, including funds provided by the
        Secretary of Homeland Security for education liabilities for the
        Coast Guard when it is not operating as a service in the Department
        of the Navy''; and
            (B) in paragraph (2)(C), by striking ``for educational
        assistance under chapter 1606'' and inserting ``(including funds
        from the Department in which the Coast Guard is operating) for
        educational assistance under chapters 1606 and 1607''.
        (2) Section 3695(a)(5) of title 38, United States Code, is amended
    by inserting ``1607,'' after ``1606,''.
        (c) Clerical Amendment.--The tables of chapters at the beginning of
    subtitle E of title 10, United States Code, and at the beginning of
    part IV of such subtitle, are amended by inserting after the item
    relating to chapter 1606 the following new item:

    ``1607. Educational Assistance for Reserve Component Members
    Supporting Contingency Operations and Certain Other Operations..16161''.

    SEC. 528. SENSE OF CONGRESS ON GUIDANCE CONCERNING TREATMENT OF
                  EMPLOYER-PROVIDED COMPENSATION AND OTHER BENEFITS
                  VOLUNTARILY PROVIDED TO EMPLOYEES WHO ARE ACTIVATED
                  RESERVISTS.

        (a) Sense of Congress.--It is the sense of Congress--
            (1) that the Secretary of the Treasury should provide guidance
        with respect to treatment under the internal revenue laws of
        payments made by employers to activated Reservist employees under
        voluntary Reserve-employee differential pay arrangements, benefits
        provided by employers to such employees, and contributions by
        employers to employer-provided retirement savings plans related
        thereto; and
            (2) that the guidance provided under paragraph (1) should, to
        the extent possible within the Secretary's authority, be consistent
        with the goal of promoting and ensuring the validity of voluntary
        differential pay arrangements, benefits, and contributions referred
        to in that paragraph.
        (b) Definitions.--For purposes of this section:
            (1) Voluntary reserve-employee differential pay arrangement.--
        The term ``voluntary Reserve-employee differential pay
        arrangement'' means an arrangement by which an employer of an
        activated Reservist employee voluntarily agrees to pay, and pays,
        to that employee, while on active duty, amounts equivalent to the
        difference (or some portion of the difference) between (A) the
        compensation of that employee paid by the employer at the time of
        the employee's activation for such active duty, and (B) that
        employee's military compensation.
            (2) Activated reservist employee.--The term ``activated
        Reservist employee'' means a member of a reserve component of the
        Armed Forces who is on active duty under a call or order to active
        duty (other than for training) and who at the time of such call or
        order is employed in a position subject to chapter 43 of title 38,
        United States Code (referred to as the Uniformed Services
        Employment and Reemployment Rights Act of 1994 (USERRA)).

        Subtitle D--Joint Officer Management and Professional Military
                                   Education

    SEC. 531. STRATEGIC PLAN TO LINK JOINT OFFICER DEVELOPMENT TO OVERALL
                  MISSIONS AND GOALS OF DEPARTMENT OF DEFENSE.

        (a) Plan Required.--(1) The Secretary of Defense shall develop a
    strategic plan for joint officer management and joint professional
    military education that links joint officer development to the
    accomplishment of the overall missions and goals of the Department of
    Defense, as set forth in the most recent national military strategy
    under section 153(d) of title 10, United States Code. Such plan shall
    be developed for the purpose of ensuring that sufficient numbers of
    officers fully qualified in occupational specialties involving combat
    operations are available as necessary to meet the needs of the
    Department for qualified officers who are operationally effective in
    the joint environment.
        (2) The Secretary shall develop the strategic plan with the advice
    of the Chairman of the Joint Chiefs of Staff.
        (b) Matters to be Included.--As part of the strategic plan under
    subsection (a), the Secretary shall include the following:
            (1) A statement of the levels of joint officer resources needed
        to be available to properly support the overall missions of the
        Department of Defense, with such resources to be specified by the
        number of officers with the joint specialty, the number of officers
        required for service in joint duty assignment positions, and the
        training and education resources required.
            (2) An assessment of the available and projected joint officer
        development resources (including officers, educational and training
        resources, and availability of joint duty assignment positions and
        tours of duty) necessary to achieve the levels specified under
        paragraph (1).
            (3) Identification of any problems or issues arising from
        linking resources for joint officer development to accomplishment
        of the objective of meeting the levels specified under paragraph
        (1) to resolve those problems and issues and plans.
            (4) A description of the process for identification of the
        present and future requirements for joint specialty officers.
            (5) A description of the career development and management of
        joint specialty officers and of any changes to be made to
        facilitate achievement of the levels of resources specified in
        paragraph (1), including additional education requirements,
        promotion opportunities, and assignments to fill joint assignments.
            (6) An assessment of any problems or issues (and proposed
        solutions for any such problems and issues) arising from linking
        promotion eligibility to completion of joint professional military
        education.
            (7) An assessment of any problems or issues (and proposed
        solutions for any such problems and issues) arising from linking
        prescribed lengths of joint duty assignments to qualification as
        joint specialty officers.
            (8) An assessment of any problems or issues (and proposed
        solutions for any such problems and issues) arising from current
        law regarding expected rates of promotion for joint specialty
        officers and officers who are serving in, or have served in, joint
        duty assignments (other than those serving in, or who have served
        in, the Joint Staff and joint specialty officers).
            (9) An assessment of any problems or issues (and proposed
        solutions for any such problems and issues) arising from current
        applicability of scientific and technical qualification waivers for
        designation as joint specialty officers.
            (10) An assessment of the viability of the use of incentives
        (such as awarding ribbons) to any person who successfully completes
        a joint professional military education program of instruction.
            (11) An assessment of the feasibility and utility of a
        comprehensive written examination as part of the evaluation
        criteria for selection of officers for full-time attendance at an
        intermediate or senior level service school.
            (12) An assessment of the effects on the overall educational
        experience at the National Defense University of a small increase
        in the number of private-sector civilians eligible to enroll in
        instruction at the National Defense University.
            (13) An assessment of the propriety and implications in
        providing joint specialty officer qualification to all qualifying
        reserve offices who have achieved the statutory prerequisites.
        (c) Inclusion of Reserve Component Officers.--In developing the
    strategic plan required by subsection (a), the Secretary shall include
    joint officer development for officers on the reserve active-status
    list in the plan.
        (d) Report.--The Secretary shall submit the plan developed under
    this section to the Committees on Armed Services of the Senate and
    House of Representatives not later than January 15, 2006.
        (e) Additional Assessment.--Not later than January 15, 2007, the
    Secretary of Defense shall submit to the Committees on Armed Services
    of the Senate and House of Representatives, as a follow-on to the
    report under subsection (d), a report providing an assessment of, and
    initiatives to improve, the performance in joint matters of the
    following:
            (1) Senior civilian officers and employees in the Office of the
        Secretary of Defense, the Defense Agencies, and the military
        departments.
            (2) Senior noncommissioned officers.
            (3) Senior leadership in the reserve components.

    SEC. 532. IMPROVEMENT TO PROFESSIONAL MILITARY EDUCATION IN THE
                  DEPARTMENT OF DEFENSE.

        (a) In General.--Part III of subtitle A of title 10, United States
    Code, is amended--
            (1) by redesignating chapter 107 as chapter 106A; and
            (2) by inserting before chapter 108 the following new chapter:

                 ``CHAPTER 107--PROFESSIONAL MILITARY EDUCATION

    ``Sec.
    ``2151. Definitions.
    ``2152. Professional military education: general requirements.
    ``2153. Capstone course: newly selected general and flag officers.
    ``2154. Joint professional military education: three-phase approach.
    ``2155. Joint professional military education phase II program of
              instruction.
    ``2156. Joint Forces Staff College: duration of principal course of
              instruction.
    ``2157. Annual report to Congress.

    ``Sec. 2151. Definitions

        ``(a) Joint Professional Military Education.--Joint professional
    military education consists of the rigorous and thorough instruction
    and examination of officers of the armed forces in an environment
    designed to promote a theoretical and practical in-depth understanding
    of joint matters and, specifically, of the subject matter covered. The
    subject matter to be covered by joint professional military education
    shall include at least the following:
                ``(1) National Military Strategy.
                ``(2) Joint planning at all levels of war.
                ``(3) Joint doctrine.
                ``(4) Joint command and control.
                ``(5) Joint force and joint requirements development.
        ``(b) Other Definitions.--In this chapter:
            ``(1) The term `senior level service school' means any of the
        following:
                ``(A) The Army War College.
                ``(B) The College of Naval Warfare.
                ``(C) The Air War College.
                ``(D) The Marine Corps War College.
            ``(2) The term `intermediate level service school' means any of
        the following:
                ``(A) The United States Army Command and General Staff
            College.
                ``(B) The College of Naval Command and Staff.
                ``(C) The Air Command and Staff College.
                ``(D) The Marine Corps Command and Staff College.

    ``Sec. 2152. Joint professional military education: general
                requirements

        ``(a) In General.--The Secretary of Defense shall implement a
    comprehensive framework for the joint professional military education
    of officers, including officers nominated under section 661 of this
    title for the joint specialty.

    ``Sec. 2153. Capstone course: newly selected general and flag officers

        ``(a) Requirement.--Each officer selected for promotion to the
    grade of brigadier general or, in the case of the Navy, rear admiral
    (lower half) shall be required, after such selection, to attend a
    military education course designed specifically to prepare new general
    and flag officers to work with the other armed forces.
        ``(b) Waiver Authority.--(1) Subject to paragraph (2), the
    Secretary of Defense may waive subsection (a)--
            ``(A) in the case of an officer whose immediately previous
        assignment was in a joint duty assignment and who is thoroughly
        familiar with joint matters;
            ``(B) when necessary for the good of the service;
            ``(C) in the case of an officer whose proposed selection for
        promotion is based primarily upon scientific and technical
        qualifications for which joint requirements do not exist (as
        determined under regulations prescribed under section 619(e)(4) of
        this title); and
            ``(D) in the case of a medical officer, dental officer,
        veterinary officer, medical service officer, nurse, biomedical
        science officer, or chaplain.
        ``(2) The authority of the Secretary of Defense to grant a waiver
    under paragraph (1) may only be delegated to the Deputy Secretary of
    Defense, an Under Secretary of Defense, or an Assistant Secretary of
    Defense. Such a waiver may be granted only on a case-by-case basis in
    the case of an individual officer.

    ``Sec. 2154. Joint professional military education: three-phase
                approach

        ``(a) Three-Phase Approach.--The Secretary of Defense shall
    implement a three-phase approach to joint professional military
    education, as follows:
            ``(1) There shall be a course of instruction, designated and
        certified by the Secretary of Defense with the advice and
        assistance of the Chairman of the Joint Chiefs of Staff as Phase I
        instruction, consisting of all the elements of a joint professional
        military education (as specified in section 2151(a) of this title),
        in addition to the principal curriculum taught to all officers at
        an intermediate level service school.
            ``(2) There shall be a course of instruction, designated and
        certified by the Secretary of Defense with the advice and
        assistance of the Chairman of the Joint Chiefs of Staff as Phase II
        instruction, consisting of a joint professional military education
        curriculum taught in residence at--
                ``(A) the Joint Forces Staff College; or
                ``(B) a senior level service school that has been
            designated and certified by the Secretary of Defense as a joint
            professional military education institution.
            ``(3) There shall be a course of instruction, designated and
        certified by the Secretary of Defense with the advice and
        assistance of the Chairman of the Joint Chiefs of Staff as the
        Capstone course, for officers selected for promotion to the grade
        of brigadier general or, in the case of the Navy, rear admiral
        (lower half) and offered in accordance with section 2153 of this
        title.
        ``(b) Sequenced Approach.--The Secretary shall require the
    sequencing of joint professional military education so that the
    standard sequence of assignments for such education requires an officer
    to complete Phase I instruction before proceeding to Phase II
    instruction, as provided in section 2155(a) of this title.

    ``Sec. 2155. Joint professional military education phase II program of
                instruction

        ``(a) Prerequisite of Completion of Joint Professional Military
    Education I Program of Instruction.--(1) After September 30, 2009, an
    officer of the armed forces may not be accepted for, or assigned to, a
    program of instruction designated by the Secretary of Defense as joint
    professional military education Phase II unless the officer has
    successfully completed a program of instruction designated by the
    Secretary of Defense as joint professional military education Phase I.
        ``(2) The Chairman of the Joint Chiefs of Staff may grant
    exceptions to the requirement under paragraph (1). Such an exception
    may be granted only on a case-by-case basis under exceptional
    circumstances, as determined by the Chairman. An officer selected to
    receive such an exception shall have knowledge of joint matters and
    other aspects of the Phase I curriculum that, to the satisfaction of
    the Chairman, qualifies the officer to meet the minimum requirements
    established for entry into Phase II instruction without first
    completing Phase I instruction. The number of officers selected to
    attend an offering of the principal course of instruction at the Joint
    Forces Staff College or a senior level service school designated by the
    Secretary of Defense as a joint professional military education
    institution who have not completed Phase I instruction should comprise
    no more than 10 percent of the total number of officers selected.
        ``(b) Phase II Requirements.--The Secretary shall require that the
    curriculum for Phase II joint professional military education at any
    school--
            ``(1) focus on developing joint operational expertise and
        perspectives and honing joint warfighting skills; and
            ``(2) be structured --
                ``(A) so as to adequately prepare students to perform
            effectively in an assignment to a joint, multiservice
            organization; and
                ``(B) so that students progress from a basic knowledge of
            joint matters learned in Phase I instruction to the level of
            expertise necessary for successful performance in the joint
            arena.
        ``(c) Curriculum Content.--In addition to the subjects specified in
    section 2151(a) of this title, the curriculum for Phase II joint
    professional military education shall include the following:
            ``(1) National security strategy.
            ``(2) Theater strategy and campaigning.
            ``(3) Joint planning processes and systems.
            ``(4) Joint, interagency, and multinational capabilities and
        the integration of those capabilities.
        ``(d) Student Ratio; Faculty Ratio.--Not later than September 30,
    2009, for courses of instruction in a Phase II program of instruction
    that is offered at senior level service school that has been designated
    by the Secretary of Defense as a joint professional military education
    institution--
            ``(1) the percentage of students enrolled in any such course
        who are officers of the armed force that administers the school may
        not exceed 60 percent, with the remaining services proportionally
        represented; and
            ``(2) of the faculty at the school who are active-duty officers
        who provide instruction in such courses, the percentage who are
        officers of the armed force that administers the school may not
        exceed 60 percent, with the remaining services proportionally
        represented.

    ``Sec. 2156. Joint Forces Staff College: duration of principal course
                of instruction

        ``(a) Duration.--The duration of the principal course of
    instruction offered at the Joint Forces Staff College may not be less
    than 10 weeks of resident instruction.
        ``(b) Definition.--In this section, the term `principal course of
    instruction' means any course of instruction offered at the Joint
    Forces Staff College as Phase II joint professional military education.

    ``Sec. 2157. Annual report to Congress

        ``The Secretary of Defense shall include in the annual report of
    the Secretary to Congress under section 113(c) of this title, for the
    period covered by the report, the following information (which shall be
    shown for the Department of Defense as a whole and separately for the
    Army, Navy, Air Force, and Marine Corps and each reserve component):
            ``(1) The number of officers who successfully completed a joint
        professional military education phase II course and were not
        selected for promotion.
            ``(2) The number of officer students and faculty members
        assigned by each service to the professional military schools of
        the other services and to the joint schools.''.
        (b) Transfer of Other Provisions.--Subsections (b) and (c) of
    section 663 of title 10, United States Code, are transferred to section
    2152 of such title, as added by subsection (a), and added at the end
    thereof.
        (c) Conforming Amendments.--(1) Section 663 of such title, as
    amended by subsection (b), is further amended--
            (A) by striking subsections (a) and (e); and
            (B) by striking ``(d) Post-Education Joint Duty Assignments.--
        (1) The'' and inserting ``(a) Joint Specialty Officers.--The'';
            (C) by striking ``(2)(A) The Secretary'' and inserting ``(b)
        Other Officers.--(1) The Secretary'';
            (D) by striking ``in subparagraph (B)'' and inserting ``in
        paragraph (2)'';
            (E) by striking ``(B) The Secretary'' and inserting ``(2) The
        Secretary''; and
            (F) by striking ``in subparagraph (A)'' and inserting ``in
        paragraph (1)''.
        (2)(A) The heading of such section is amended to read as follows:

    ``Sec. 663. Joint duty assignments after completion of joint
                professional military education''.

        (B) The item relating to that section in the table of sections at
    the beginning of chapter 38 of such title is amended to read as
    follows:

    ``663. Joint duty assignments after completion of joint professional
              military education.''.

        (d) Conforming Repeal.--Section 1123(b) of the National Defense
    Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
    103 Stat. 1556) is repealed.
        (e) Clerical Amendment.--The tables of chapters at the beginning of
    subtitle A, and at the beginning of part III of subtitle A, of title
    10, United States Code, are amended by striking the item relating to
    chapter 107 and inserting the following:

    ``106A. Educational Assistance for Persons Enlisting for Active
    Duty.............................................................. 2141

    ``107. Professional Military Education  .........................2151''.

    SEC. 533. JOINT REQUIREMENTS FOR PROMOTION TO FLAG OR GENERAL OFFICER
                  GRADE.

        (a) Effective Date for Joint Specialty Officer Requirement.--
    Subsection (a)(2) of section 619a of title 10, United States Code, is
    amended by striking ``September 30, 2007'' and inserting ``September
    30, 2008''.
        (b) Exception to Joint Duty Requirement for Officers Serving in
    Joint Duty Assignment When Considered for Promotion.--Subsection (b)(4)
    of such section is amended by striking ``if--'' and all that follows
    through ``(B) the officer's'' and inserting ``if the officer's''.

    SEC. 534. CLARIFICATION OF TOURS OF DUTY QUALIFYING AS A JOINT DUTY
                  ASSIGNMENT.

        (a) Joint Duty Assignment List.--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) Consecutive Tours of Duty in Joint Duty Assignments.--
    Subsection (c) of such section is amended by striking ``within the same
    organization''.
        (c) Effective Date.--The amendment made by subsection (b) shall not
    apply in the case of a joint duty assignment completed by an officer
    before the date of the enactment of this Act, except in the case of an
    officer who has continued in joint duty assignments, without a break in
    service in such assignments, between the end of such assignment and the
    date of the enactment of this Act.

    SEC. 535. TWO-YEAR EXTENSION OF TEMPORARY STANDARD FOR PROMOTION POLICY
                  OBJECTIVES FOR JOINT OFFICERS.

        Section 662(a)(2) of title 10, United States Code, is amended by
    striking ``December 27, 2004'' in subparagraphs (A) and (B) and
    inserting ``December 27, 2006''.

    SEC. 536. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE REQUIREMENT THAT
                  RESERVE CHIEFS AND NATIONAL GUARD DIRECTORS HAVE
                  SIGNIFICANT JOINT DUTY EXPERIENCE.

        (a) Extension.--Sections 3038(b)(4), 5143(b)(4), 5144(b)(4),
    8038(b)(4), and 10506(a)(3)(D) of title 10, United States Code, are
    amended by striking ``December 31, 2004,'' and inserting ``December 31,
    2006,''.
        (b) Future Compliance.--Not later than one year after the date of
    the enactment of this Act, the Secretary of Defense shall submit to the
    Committee on Armed Services of the House of Representatives and the
    Committee on Armed Services of the Senate a plan for ensuring that all
    officers selected after December 31, 2006, for recommendation for
    appointment as a Reserve chief or National Guard director have
    significant joint duty experience, as required by law, and may be so
    recommended without requirement for a wavier of such requirement. Such
    plan shall be developed in coordination with the Chairman of the Joint
    Chiefs of Staff.

                     Subtitle E--Military Service Academies

    SEC. 541. REVISION TO CONDITIONS ON SERVICE OF OFFICERS AS SERVICE
                  ACADEMY SUPERINTENDENTS.

        (a) Authority to Waive Requirement That Officers Retire After
    Service as Superintendent.--Title 10, United States Code, is amended as
    follows:
            (1) Military academy.--Section 3921 is amended--
                (A) by inserting ``(a) Mandatory Retirement.--'' before
            ``Upon the''; and
                (B) by adding at the end the following:
        ``(b) Waiver Authority.--The Secretary of Defense may waive the
    requirement in subsection (a) for good cause. In each case in which
    such a waiver is granted for an officer, the Secretary shall submit to
    the Committees on Armed Services of the Senate and the House of
    Representatives a written notification of the waiver, with a statement
    of the reasons supporting the decision that the officer not retire, and
    a written notification of the intent of the President to nominate the
    officer for reassignment.''.
            (2) Naval academy.--Section 6371 is amended--
                (A) by inserting ``(a) Mandatory Retirement.--'' before
            ``Upon the''; and
                (B) by adding at the end the following:
        ``(b) Waiver Authority.--The Secretary of Defense may waive the
    requirement in subsection (a) for good cause. In each case in which
    such a waiver is granted for an officer, the Secretary shall submit to
    the Committees on Armed Services of the Senate and the House of
    Representatives a written notification of the waiver, with a statement
    of the reasons supporting the decision that the officer not retire, and
    a written notification of the intent of the President to nominate the
    officer for reassignment.''.
            (3) Air Force Academy.--Section 8921 is amended--
                (A) by inserting ``(a) Mandatory Retirement.--'' before
            ``Upon the''; and
                (B) by adding at the end the following:
        ``(b) Waiver Authority.--The Secretary of Defense may waive the
    requirement in subsection (a) for good cause. In each case in which
    such a waiver is granted for an officer, the Secretary shall submit to
    the Committees on Armed Services of the Senate and the House of
    Representatives a written notification of the waiver, with a statement
    of the reasons supporting the decision that the officer not retire, and
    a written notification of the intent of the President to nominate the
    officer for reassignment.''.
        (b) Minimum Three-Year Tour of Duty as Superintendent.--Title 10,
    United States Code, is amended as follows:
            (1) Military academy.--Section 4333a is amended--
                (A) by inserting ``(a) Retirement.--'' before ``As a'';
                (B) by inserting before the period at the end the
            following: ``pursuant to section 3921(a) of this title, unless
            such retirement is waived under section 3921(b) of this
            title''; and
                (C) by adding at the end the following:
        ``(b) Minimum Tour of Duty.--An officer who is detailed to the
    position of Superintendent of the Academy shall be so detailed for a
    period of not less than three years. In any case in which an officer
    serving as Superintendent is reassigned or retires before having
    completed three years service as Superintendent, or otherwise leaves
    that position (other than due to death) without having completed three
    years service in that position, the Secretary of the Army shall submit
    to Congress notice that such officer left the position of
    Superintendent without having completed three years service in that
    position, together with a statement of the reasons why that officer did
    not complete three years service in that position.''.
            (2) Naval academy.--Section 6951a is amended--
                (A) by inserting before the period at the end of subsection
            (b) the following: ``pursuant to section 6371(a) of this title,
            unless such retirement is waived under section 6371(b) of this
            title''; and
                (B) by adding at the end the following new subsection:
        ``(c) An officer who is detailed to the position of Superintendent
    shall be so detailed for a period of not less than three years. In any
    case in which an officer serving as Superintendent is reassigned or
    retires before having completed three years service as Superintendent,
    or otherwise leaves that position (other than due to death) without
    having completed three years service in that position, the Secretary of
    the Navy shall submit to Congress notice that such officer left the
    position of Superintendent without having completed three years service
    in that position, together with a statement of the reasons why that
    officer did not complete three years service in that position.''.
            (3) Air force academy.--Section 9333a is amended--
                (A) by inserting ``(a) Retirement.--'' before ``As a'';
                (B) by inserting before the period at the end the
            following: ``pursuant to section 8921(a) of this title, unless
            such retirement is waived under section 8921(b) of this
            title''; and
                (C) by adding at the end the following:
        ``(b) Minimum Tour of Duty.--An officer who is detailed to the
    position of Superintendent of the Academy shall be so detailed for a
    period of not less than three years. In any case in which an officer
    serving as Superintendent is reassigned or retires before having
    completed three years service as Superintendent, or otherwise leaves
    that position (other than due to death) without having completed three
    years service in that position, the Secretary of the Air Force shall
    submit to Congress notice that such officer left the position of
    Superintendent without having completed three years service in that
    position, together with a statement of the reasons why that officer did
    not complete three years service in that position.''.
        (c) Clerical Amendments.--Title 10, United States Code, is amended
    as follows:
            (1)(A) The heading for section 3921 is amended to read as
        follows:

    ``Sec. 3921. Mandatory retirement: Superintendent of the United States
                Military Academy; waiver authority''.

            (B) The item relating to that section in the table of sections
        at the beginning of chapter 367 is amended to read as follows:

    ``3921. Mandatory retirement: Superintendent of the United States
              Military Academy; waiver authority.''.

            (2)(A) The heading for section 6371 is amended to read as
        follows:

    ``Sec. 6371. Mandatory retirement: Superintendent of the United States
                Naval Academy; waiver authority''.

            (B) The item relating to that section in the table of sections
        at the beginning of chapter 573 is amended to read as follows:

    ``6371. Mandatory retirement: Superintendent of the United States Naval
              Academy; waiver authority.''.

            (3)(A) The heading for section 8921 is amended to read as
        follows:

    ``Sec. 8921. Mandatory retirement: Superintendent of the United States
                Air Force Academy; waiver authority''.

            (B) The item relating to that section in the table of sections
        at the beginning of chapter 867 is amended to read as follows:

    ``8921. Mandatory retirement: Superintendent of the United States Air
              Force Academy; waiver authority.''.

    SEC. 542. ACADEMIC QUALIFICATIONS OF THE DEAN OF THE FACULTY OF UNITED
                  STATES AIR FORCE ACADEMY.

        Section 9335(a) of title 10, United States Code, is amended by
    inserting before the period at the end of the second sentence the
    following: ``, except that a person may not be appointed or assigned as
    Dean unless that person holds the highest academic degree in that
    person's academic field''.

    SEC. 543. BOARD OF VISITORS OF UNITED STATES AIR FORCE ACADEMY.

        Section 9355 of title 10, United States Code, is amended to read as
    follows:

    ``Sec. 9355. Board of Visitors

        ``(a) A Board of Visitors to the Academy is constituted annually.
    The Board consists of the following members:
            ``(1) Six persons designated by the President.
            ``(2) The chairman of the Committee on Armed Services of the
        House of Representatives, or his designee.
            ``(3) Four persons designated by the Speaker of the House of
        Representatives, three of whom shall be members of the House of
        Representatives and the fourth of whom may not be a member of the
        House of Representatives.
            ``(4) The chairman of the Committee on Armed Services of the
        Senate, or his designee.
            ``(5) Three other members of the Senate designated by the Vice
        President or the President pro tempore of the Senate, two of whom
        are members of the Committee on Appropriations of the Senate.
        ``(b)(1) The persons designated by the President serve for three
    years each except that any member whose term of office has expired
    shall continue to serve until his successor is designated. The
    President shall designate persons each year to succeed the members
    designated by the President whose terms expire that year.
        ``(2) At least two of the members designated by the President shall
    be graduates of the Academy.
        ``(c)(1) If a member of the Board dies or resigns or is terminated
    as a member of the board under paragraph (2), a successor shall be
    designated for the unexpired portion of the term by the official who
    designated the member.
        ``(2)(A) If a member of the Board fails to attend two successive
    Board meetings, except in a case in which an absence is approved in
    advance, for good cause, by the Board chairman, such failure shall be
    grounds for termination from membership on the Board. A person
    designated for membership on the Board shall be provided notice of the
    provisions of this paragraph at the time of such designation.
        ``(B) Termination of membership on the Board under subparagraph
    (A)--
            ``(i) in the case of a member of the Board who is not a member
        of Congress, may be made by the Board chairman; and
            ``(ii) in the case of a member of the Board who is a member of
        Congress, may be made only by the official who designated the
        member.
        ``(C) When a member of the Board is subject to termination from
    membership on the Board under subparagraph (A), the Board chairman
    shall notify the official who designated the member. Upon receipt of
    such a notification with respect to a member of the Board who is a
    member of Congress, the official who designated the member shall take
    such action as that official considers appropriate.
        ``(d) The Board should meet at least four times a year, with at
    least two of those meetings at the Academy. The Board or its members
    may make other visits to the Academy in connection with the duties of
    the Board. Board meetings should last at least one full day. Board
    members shall have access to the Academy grounds and the cadets,
    faculty, staff, and other personnel of the Academy for the purposes of
    the duties of the Board.
        ``(e)(1) The Board shall inquire into the morale, discipline, and
    social climate, the curriculum, instruction, physical equipment, fiscal
    affairs, academic methods, and other matters relating to the Academy
    that the Board decides to consider.
        ``(2) The Secretary of the Air Force and the Superintendent of the
    Academy shall provide the Board candid and complete disclosure,
    consistent with applicable laws concerning disclosure of information,
    with respect to institutional problems.
        ``(3) The Board shall recommend appropriate action.
        ``(f) The Board shall prepare a semiannual report containing its
    views and recommendations pertaining to the Academy, based on its
    meeting since the last such report and any other considerations it
    determines relevant. Each such report shall be submitted concurrently
    to the Secretary of Defense, through the Secretary of the Air Force,
    and to the Committee on Armed Services of the Senate and the Committee
    on Armed Services of the House of Representatives.
        ``(g) Upon approval by the Secretary, the Board may call in
    advisers for consultation.
        ``(h) While performing duties as a member of the Board, each member
    of the Board and each adviser shall be reimbursed under Government
    travel regulations for travel expenses.''.

    SEC. 544. APPROPRIATED FUNDS FOR SERVICE ACADEMY ATHLETIC AND
                  RECREATIONAL EXTRACURRICULAR PROGRAMS TO BE TREATED IN
                  SAME MANNER AS FOR MILITARY MORALE, WELFARE, AND
                  RECREATION 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. Mixed-funded athletic and recreational extracurricular
                programs: authority to manage appropriated funds in same
                manner as nonappropriated funds

        ``(a) Authority.--In the case of an Academy mixed-funded athletic
    or recreational extracurricular program, the Secretary of the Army may
    designate funds appropriated to the Department of the Army and
    available for that program to be treated as nonappropriated funds and
    expended for that program in accordance with laws applicable to the
    expenditure of nonappropriated funds. Appropriated funds so designated
    shall be considered to be nonappropriated funds for all purposes and
    shall remain available until expended.
        ``(b) Covered Programs.--In this section, the term `Academy mixed-
    funded athletic or recreational extracurricular program' means an
    athletic or recreational extracurricular program of the Academy to
    which each of the following applies:
            ``(1) The program is not considered a morale, welfare, or
        recreation program.
            ``(2) The program is supported through appropriated funds.
            ``(3) The program is supported by a nonappropriated fund
        instrumentality.
            ``(4) The program is not a private organization and is not
        operated by 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. Mixed-funded athletic and recreational extracurricular programs:
              authority to manage appropriated funds in same manner as
              nonappropriated funds.''.

        (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. Mixed-funded athletic and recreational extracurricular
                programs: authority to manage appropriated funds in same
                manner as nonappropriated funds

        ``(a) Authority.--In the case of a Naval Academy mixed-funded
    athletic or recreational extracurricular program, the Secretary of the
    Navy may designate funds appropriated to the Department of the Navy and
    available for that program to be treated as nonappropriated funds and
    expended for that program in accordance with laws applicable to the
    expenditure of nonappropriated funds. Appropriated funds so designated
    shall be considered to be nonappropriated funds for all purposes and
    shall remain available until expended.
        ``(b) Covered Programs.--In this section, the term `Naval Academy
    mixed-funded athletic or recreational extracurricular program' means an
    athletic or recreational extracurricular program of the Naval Academy
    to which each of the following applies:
            ``(1) The program is not considered a morale, welfare, or
        recreation program.
            ``(2) The program is supported through appropriated funds.
            ``(3) The program is supported by a nonappropriated fund
        instrumentality.
            ``(4) The program is not a private organization and is not
        operated by 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. Mixed-funded athletic and recreational extracurricular programs:
              authority to manage appropriated funds in same manner as
              nonappropriated funds.''.

        (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. 9359. Mixed-funded athletic and recreational extracurricular
                programs: authority to manage appropriated funds in same
                manner as nonappropriated funds

        ``(a) Authority.--In the case of an Academy mixed-funded athletic
    or recreational extracurricular program, the Secretary of the Air Force
    may designate funds appropriated to the Department of the Air Force and
    available for that program to be treated as nonappropriated funds and
    expended for that program in accordance with laws applicable to the
    expenditure of nonappropriated funds. Appropriated funds so designated
    shall be considered to be nonappropriated funds for all purposes and
    shall remain available until expended.
        ``(b) Covered Programs.--In this section, the term `Academy mixed-
    funded athletic or recreational extracurricular program' means an
    athletic or recreational extracurricular program of the Academy to
    which each of the following applies:
            ``(1) The program is not considered a morale, welfare, or
        recreation program.
            ``(2) The program is supported through appropriated funds.
            ``(3) The program is supported by a nonappropriated fund
        instrumentality.
            ``(4) The program is not a private organization and is not
        operated by 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:

    ``9359. Mixed-funded athletic and recreational extracurricular programs:
              authority to manage appropriated funds in same manner as
              nonappropriated funds.''.

        (d) Effective Date and Applicability.--Sections 4359, 6978, and
    9359 of title 10, United States Code, shall apply only with respect to
    funds appropriated for fiscal years after fiscal year 2004.

    SEC. 545. CODIFICATION OF PROHIBITION ON IMPOSITION OF CERTAIN CHARGES
                  AND FEES AT THE SERVICE ACADEMIES.

        (a) United States Military Academy.--(1) Chapter 403 of title 10,
    United States Code, as amended by 544(a)(1), is further amended by
    adding at the end the following new section:

    ``Sec. 4360. Cadets: charges and fees for attendance; limitation

        ``(a) Prohibition.--Except as provided in subsection (b), no charge
    or fee for tuition, room, or board for attendance at the Academy may be
    imposed unless the charge or fee is specifically authorized by a law
    enacted after October 5, 1994.
        ``(b) Exception.--The prohibition specified in subsection (a) does
    not apply with respect to any item or service provided to cadets for
    which a charge or fee is imposed as of October 5, 1994. The Secretary
    of Defense shall notify Congress of any change made by the Academy in
    the amount of a charge or fee authorized under this subsection.''.
        (2) The table of sections at the beginning of such chapter is
    amended by adding after the item added by section 544(a)(2) the
    following new item:

    ``4360. Cadets: charges and fees for attendance; limitation.''.

        (b) United States Naval Academy.--(1) Chapter 603 of title 10,
    United States Code, as amended by 544(b)(1), is further amended by
    adding at the end the following new section:

    ``Sec. 6979. Midshipmen: charges and fees for attendance; limitation

        ``(a) Prohibition.--Except as provided in subsection (b), no charge
    or fee for tuition, room, or board for attendance at the Naval Academy
    may be imposed unless the charge or fee is specifically authorized by a
    law enacted after October 5, 1994.
        ``(b) Exception.--The prohibition specified in subsection (a) does
    not apply with respect to any item or service provided to midshipmen
    for which a charge or fee is imposed as of October 5, 1994. The
    Secretary of Defense shall notify Congress of any change made by the
    Naval Academy in the amount of a charge or fee authorized under this
    subsection.''.
        (2) The table of sections at the beginning of such chapter is
    amended by adding after the item added by section 544(b)(2) the
    following new item:

    ``6979. Midshipmen: charges and fees for attendance; limitation.''.

        (c) United States Air Force Academy.--(1) Chapter 903 title 10,
    United States Code, as amended by 544(c)(1), is further amended by
    adding at the end the following new section:

    ``Sec. 9360. Cadets: charges and fees for attendance; limitation

        ``(a) Prohibition.--Except as provided in subsection (b), no charge
    or fee for tuition, room, or board for attendance at the Academy may be
    imposed unless the charge or fee is specifically authorized by a law
    enacted after October 5, 1994.
        ``(b) Exception.--The prohibition specified in subsection (a) does
    not apply with respect to any item or service provided to cadets for
    which a charge or fee is imposed as of October 5, 1994. The Secretary
    of Defense shall notify Congress of any change made by the Academy in
    the amount of a charge or fee authorized under this subsection.''.
        (2) The table of sections at the beginning of such chapter is
    amended by adding after the item added by section 544(c)(2) the
    following new item:

    ``9360. Cadets: charges and fees for attendance; limitation.''.

        (d) United States Coast Guard Academy.--(1) Chapter 9 of title 14,
    United States Code, is amended by adding at the end the following new
    section:

    ``Sec. 197. Cadets: charges and fees for attendance; limitation

        ``(a) Prohibition.--Except as provided in subsection (b), no charge
    or fee for tuition, room, or board for attendance at the Academy may be
    imposed unless the charge or fee is specifically authorized by a law
    enacted after October 5, 1994.
        ``(b) Exception.--The prohibition specified in subsection (a) does
    not apply with respect to any item or service provided to cadets for
    which a charge or fee is imposed as of October 5, 1994. The Secretary
    of Homeland Security shall notify Congress of any change made by the
    Academy in the amount of a charge or fee authorized under this
    subsection.''.
        (2) The table of sections at the beginning of such chapter is
    amended by adding at the end the following new item:

    ``197. Cadets: charges and fees for attendance; limitation.''.

        (e) United States Merchant Marine Academy.--Section 1303 of the
    Merchant Marine Act, 1936 (46 U.S.C. App. 1295b), is amended by adding
    at the end the following new subsection:
        ``(j) Limitation on Charges and Fees for Attendance.--
            ``(1) Except as provided in paragraph (2), no charge or fee for
        tuition, room, or board for attendance at the Academy may be
        imposed unless the charge or fee is specifically authorized by a
        law enacted after October 5, 1994.
            ``(2) The prohibition specified in paragraph (1) does not apply
        with respect to any item or service provided to cadets for which a
        charge or fee is imposed as of October 5, 1994. The Secretary of
        Transportation shall notify Congress of any change made by the
        Academy in the amount of a charge or fee authorized under this
        paragraph.''.
        (f) Repeal of Codified Provision.--Section 553 of the National
    Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10
    U.S.C. 4331 note) is repealed.

                Subtitle F--Other Education and Training Matters

    SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PROGRAM.

        (a) Codification and Extension of Army Program.--(1) Chapter 31 of
    title 10, United States Code, is amended by inserting after section 510
    the following new section:

    ``Sec. 511. College First Program

        ``(a) Program Authority.--The Secretary of each military department
    may establish a program to increase the number of, and the level of the
    qualifications of, persons entering the armed forces as enlisted
    members by encouraging recruits to pursue higher education or
    vocational or technical training before entry into active service.
        ``(b) Delayed Entry With Allowance for Higher Education.--The
    Secretary concerned may--
            ``(1) exercise the authority under section 513 of this title--
                ``(A) to accept the enlistment of a person as a Reserve for
            service in the Selected Reserve or Individual Ready Reserve of
            a reserve component, notwithstanding the scope of the authority
            under subsection (a) of that section, in the case of the Army
            National Guard of the United States or Air National Guard of
            the United States; and
                ``(B) to authorize, notwithstanding the period limitation
            in subsection (b) of that section, a delay of the enlistment of
            any such person in a regular component under that subsection
            for the period during which the person is enrolled in, and
            pursuing a program of education at, an institution of higher
            education, or a program of vocational or technical training, on
            a full-time basis that is to be completed within the maximum
            period of delay determined for that person under subsection
            (c); and
            ``(2) subject to paragraph (2) of subsection (d) and except as
        provided in paragraph (3) of that subsection, pay an allowance to a
        person accepted for enlistment under paragraph (1)(A) for each
        month of the period during which that person is enrolled in and
        pursuing a program described in paragraph (1)(B).
        ``(c) Maximum Period of Delay.--The period of delay authorized a
    person under paragraph (1)(B) of subsection (b) may not exceed the 30-
    month period beginning on the date of the person's enlistment accepted
    under paragraph (1)(A) of such subsection.
        ``(d) Allowance.--(1) The monthly allowance paid under subsection
    (b)(2) shall be equal to the amount of the subsistence allowance
    provided for certain members of the Senior Reserve Officers' Training
    Corps with the corresponding number of years of participation under
    section 209(a) of title 37. The Secretary concerned may supplement that
    stipend by an amount not to exceed $225 per month.
        ``(2) An allowance may not be paid to a person under this section
    for more than 24 months.
        ``(3) A member of the Selected Reserve of a reserve component may
    be paid an allowance under this section only for months during which
    the member performs satisfactorily as a member of a unit of the reserve
    component that trains as prescribed in section 10147(a)(1) of this
    title or section 502(a) of title 32. Satisfactory performance shall be
    determined under regulations prescribed by the Secretary concerned.
        ``(4) An allowance under this section is in addition to any other
    pay or allowance to which a member of a reserve component is entitled
    by reason of participation in the Ready Reserve of that component.
        ``(e) Recoupment of Allowance.--(1) A person who, after receiving
    an allowance under this section, fails to complete the total period of
    service required of that person in connection with delayed entry
    authorized for the person under section 513 shall repay the United
    States the amount which bears the same ratio to the total amount of
    that allowance paid to the person as the unserved part of the total
    required period of service bears to the total period.
        ``(2) An obligation to repay the United States imposed under
    paragraph (1) is for all purposes a debt owed to the United States.
        ``(3) A discharge of a person in bankruptcy under title 11 that is
    entered less than five years after the date on which the person was, or
    was to be, enlisted in the regular Army pursuant to the delayed entry
    authority under section 513 does not discharge that person from a debt
    arising under paragraph (1).
        ``(4) The Secretary concerned may waive, in whole or in part, a
    debt arising under paragraph (1) in any case for which the Secretary
    determines that recovery would be against equity and good conscience or
    would be contrary to the best interests of the United States.
        ``(f) Special Pay and Bonuses.--Upon enlisting in the regular
    component of the member's armed force, a person who initially enlisted
    as a Reserve under this section may, at the discretion of the Secretary
    concerned, be eligible for all regular special pays, bonuses, education
    benefits, and loan repayment programs.''.
        (2) The table of sections at the beginning of such chapter is
    amended by inserting after the item relating to section 510 the
    following new item:

    ``511. College First Program.''.

        (b) Continuation for Army of Prior Army College First Program.--The
    Secretary of the Army shall treat the program under section 511 of
    title 10, United States Code, as added by subsection (a), as a
    continuation of the program under section 573 of the National Defense
    Authorization Act for Fiscal Year 2000 (10 U.S.C. 513 note), and for
    such purpose the Secretary may treat such section 511 as having been
    enacted on October 1, 2004.

    SEC. 552. SENIOR RESERVE OFFICERS' TRAINING CORPS AND RECRUITER ACCESS
                  AT INSTITUTIONS OF HIGHER EDUCATION.

        (a) Equal Treatment of Military Recruiters With Other Recruiters.--
    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
        access to campuses and to students that is provided to any other
        employer''.
        (b) Prohibition of Funding for Post-secondary Schools That Prevent
    ROTC Access or Military Recruiting.--(1) Subsection (d) of such section
    is amended--
            (A) in paragraph (1)--
                (i) by striking ``limitation established in subsection (a)
            applies'' and inserting ``limitations established in
            subsections (a) and (b) apply'';
                (ii) in subparagraph (B), by inserting ``for any department
            or agency for which regular appropriations are made'' after
            ``made available''; and
                (iii) by adding at the end the following new subparagraphs:
            ``(C) Any funds made available for the Department of Homeland
        Security.
            ``(D) Any funds made available for the National Nuclear
        Security Administration of the Department of Energy.
            ``(E) Any funds made available for the Department of
        Transportation.
            ``(F) Any funds made available for the Central Intelligence
        Agency.''; and
            (B) by striking paragraph (2).
        (2)(A) Subsection (b) of such section is amended by striking
    ``subsection (d)(2)'' and inserting ``subsection (d)(1)''.
        (B) Subsection (e) of such section is amended by inserting ``, to
    the head of each other department and agency the funds of which are
    subject to the determination,'' after ``Secretary of Education''.
        (c) Codification and Extension of Exclusion Of Amounts to Cover
    Individual Payments.--Subsection (d) of such section, as amended by
    subsection (b)(1), is further amended--
            (1) by striking ``The'' after ``(1)'' and inserting ``Except as
        provided in paragraph (2), the''; and
            (2) by adding at the end the following new paragraph:
        ``(2) 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.''.
        (d) Conforming Amendments.--Subsections (a) and (b) of such section
    are amended by striking ``(including a grant of funds to be available
    for student aid)''.
        (e) 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.
        (f) Effective Date.--The amendments made by this section shall
    apply with respect to funds appropriated for fiscal year 2005 and
    thereafter.

    SEC. 553. TUITION ASSISTANCE FOR OFFICERS.

        (a) Authority To Reduce or Waive Active Duty Service Obligation.--
    Subsection (b) of section 2007 of title 10, United States Code, is
    amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by inserting ``or full-time National Guard duty'' after
        ``active duty'' each place it appears; and
            (2) by adding at the end the following new paragraph:
        ``(2) Notwithstanding paragraph (1), the Secretary of the military
    department may reduce or waive the active duty service obligation--
            ``(A) in the case of a commissioned officer who is subject to
        mandatory separation;
            ``(B) in the case of a commissioned officer who has completed
        the period of active duty service in support of a contingency
        operation; or
            ``(C) in other exigent circumstances as determined by the
        Secretary.''.
        (b) Increase in Tuition Assistance Authorized for Army Officers in
    the Selected Reserve.--Paragraph (1) of section 2007(c) of title 10,
    United States Code, is amended to read as follows:
        ``(1) Subject to paragraphs (2) and (3), the Secretary of the Army
    may pay the charges of an educational institution for the tuition or
    expenses of an officer in the Selected Reserve of the Army National
    Guard or the Army Reserve for education or training of such officer.''.
        (c) Effective Date.--The amendment made by subsection (a) may, at
    the discretion of the Secretary concerned, be applied to a service
    obligation incurred by an officer serving on active duty as of the date
    of the enactment of this Act.

    SEC. 554. 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. 555. 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: Academy cadets and midshipmen;
                members of, and designated applicants for membership in,
                Senior ROTC

        ``(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) A member of, and a designated applicant for membership
        in, the Senior Reserve Officers' Training Corps who incurs or
        aggravates an injury, illness, or disease--
                ``(A) in the line of duty while performing duties under
            section 2109 of this title;
                ``(B) while traveling directly to or from the place at
            which that member or applicant is to perform or has performed
            duties pursuant to section 2109 of this title; or
                ``(C) in the line of duty while remaining overnight
            immediately before the commencement of duties performed
            pursuant to section 2109 of this title or, while remaining
            overnight, between successive periods of performing duties
            pursuant to section 2109 of this title, at or in the vicinity
            of the site of the duties performed pursuant to section 2109 of
            this title, if the site is outside reasonable commuting
            distance from the residence of the member or designated
            applicant.
        ``(b) Benefits.--A person eligible for benefits under 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 for Gross Negligence or Misconduct.--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: Academy cadets and midshipmen; members
              of, and designated applicants for membership in, Senior
              ROTC.''.

        (b) Eligibility of Academy Cadets and Midshipmen for Disability
    Retired Pay.--(1) Section 1217 of title 10, United States Code, is
    amended to read as follows:

    ``Sec. 1217. Academy cadets and midshipmen: 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,
    but only with respect to physical disabilities incurred after the date
    of the enactment of the Ronald W. Reagan National Defense Authorization
    Act for Fiscal Year 2005.
        ``(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.''.
        (2) 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. Academy cadets and midshipmen: applicability of chapter.''.

    SEC. 556. TRANSFER OF AUTHORITY TO CONFER DEGREES UPON GRADUATES OF THE
                  COMMUNITY COLLEGE OF THE AIR FORCE.

        (a) Transfer to Commander of Air University.--Subsection (a) of
    section 9317 of title 10, United States Code, is amended--
            (1) by striking ``may confer--'' and inserting ``may confer
        academic degrees as follows:'';
            (2) by striking ``the'' in paragraphs (1), (2), and (3) after
        the paragraph designation and inserting ``The'';
            (3) by striking the semicolon at the end of paragraph (1) and
        inserting a period;
            (4) by striking ``; and'' at the end of paragraph (2) and
        inserting a period; and
            (5) by adding at the end the following new paragraph:
            ``(4) An academic degree at the level of associate upon
        graduates of the Community College of the Air Force who fulfill the
        requirements for that degree.''.
        (b) Conforming Amendment.--Subsection (c) of section 9315 of such
    title is amended to read as follows:
        ``(c) Associate Degrees.--(1) Subject to paragraph (2), an academic
    degree at the level of associate may be conferred under section 9317 of
    this title upon any enlisted member who has completed a program
    prescribed by the Community College of the Air Force.
        ``(2) No degree may be conferred upon any enlisted member under
    this section unless the Secretary of Education determines that the
    standards for the award of academic degrees in agencies of the United
    States have been met.''.
        (c) Clerical Amendments.--(1) The heading of section 9317 of such
    title is amended to read as follows:

    ``Sec. 9317. Air University: 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. 557. CHANGE IN TITLES OF LEADERSHIP POSITIONS AT 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)(A) Section 7042 of title 10, United States Code, is amended by
    striking ``Superintendent'' each place it appears in the text and
    inserting ``President''.
        (B) The heading of such section is amended to read as follows:

    ``Sec. 7042. President; assistants''.

        (4)(A) Section 7044 of such title is amended by striking
    ``Superintendent'' and inserting ``President of the school''.
        (B) Sections 7048(a) and 7049(e) of such title are amended by
    striking ``Superintendent'' and inserting ``President''.
        (b) Designation of 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 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 shall
    consider any recommendation of the leadership and faculty of the Naval
    Postgraduate School regarding an appointment to that 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)(A) 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''.
        (B) Subsection (b) of such section is amended by striking
    ``Academic Dean'' and inserting ``Provost and Academic Dean''.
        (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.''.

       Subtitle G--Assistance to Local Educational Agencies for Defense
                              Dependents Education

    SEC. 558. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF DEPENDENTS
                  OF CERTAIN MEMBERS DESPITE CHANGE IN STATUS OF MEMBER.

        (a) Special Rule.--For purposes of computing the amount of a
    payment for an eligible local educational agency under subsection (a)
    of section 8003 of the Elementary and Secondary Education Act (20
    U.S.C. 7703) for school year 2004-2005, the Secretary of Education
    shall continue to count as a child enrolled in a school of such agency
    under such subsection any child who--
            (1) would be counted under paragraph (1)(B) of such subsection
        to determine the number of children who were in average daily
        attendance in the school; but
            (2) due to the deployment of both parents or legal guardians of
        the child, the deployment of a parent or legal guardian having sole
        custody of the child, or the death of a military parent or legal
        guardian while on active duty (so long as the child resides on
        Federal property (as defined in section 8013(5) of such Act (20
        U.S.C. 7713(5))), is not eligible to be so counted.
        (b) Termination.--The special rule provided under subsection (a)
    applies only so long as the children covered by such subsection remain
    in average daily attendance at a school in the same local educational
    agency they attended before their change in eligibility status.

    SEC. 559. 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. 560. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

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

         Subtitle H--Medals and Decorations and Special Promotions and
                                  Appointments

    SEC. 561. 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. 562. 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.

    SEC. 563. AUTHORITY TO APPOINT BRIGADIER GENERAL CHARLES E. YEAGER,
                  UNITED STATES AIR FORCE (RETIRED), TO THE GRADE OF MAJOR
                  GENERAL ON THE RETIRED LIST.

        The President is authorized to appoint, by and with the advice and
    consent of the Senate, Brigadier General Charles E. Yeager, United
    States Air Force (retired), to the grade of major general on the
    retired list of the Air Force. Any such appointment shall not affect
    the retired pay or other benefits of Charles E. Yeager or any benefits
    to which any other person is or may become entitled based upon his
    service.

    SEC. 564. POSTHUMOUS COMMISSION OF WILLIAM MITCHELL IN THE GRADE OF
                  MAJOR GENERAL IN THE ARMY.

        (a) Authority.--The President, by and with the advice and consent
    of the Senate, may issue posthumously a commission as major general,
    United States Army, in the name of the late William Mitchell, formerly
    a colonel, United States Army, who resigned his commission on February
    1, 1926.
        (b) Date of Commission.--A commission issued under subsection (a)
    shall issue as of the date of the death of William Mitchell on February
    19, 1936.
        (c) Prohibition of Benefits.--No person is entitled to receive any
    bonus, gratuity, pay, allowance, or other financial benefit by reason
    of the enactment of this section.

                          Subtitle I--Military Voting

    SEC. 566. 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) State Responsibilities.--Section 102(a)(3) of such Act (42
    U.S.C. 1973ff-1(a)(3)) is amended by striking ``overseas voters'' and
    inserting ``absent uniformed services voters and overseas voters''.
        (c) 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) in the case of a ballot submitted by an overseas voter
        who is not an absent uniformed services voter, if the ballot is
        submitted from any location in the United States;
            ``(2) 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
            ``(3) 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''.
        (d) 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. 567. REPEAL OF REQUIREMENT TO CONDUCT ELECTRONIC VOTING
                  DEMONSTRATION PROJECT FOR THE FEDERAL ELECTION TO BE HELD
                  IN NOVEMBER 2004.

        The first sentence of section 1604(a)(2) of the National Defense
    Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
    1277; 42 U.S.C. 1977ff note) is amended by striking ``until the
    regularly scheduled general election for Federal office for November
    2004'' and inserting the following: ``until the first regularly
    scheduled general election for Federal office which occurs after the
    Election Assistance Commission notifies the Secretary that the
    Commission has established electronic absentee voting guidelines and
    certifies that it will assist the Secretary in carrying out the
    project''.

    SEC. 568. REPORTS ON OPERATION OF FEDERAL VOTING ASSISTANCE PROGRAM AND
                  MILITARY POSTAL SYSTEM.

        (a) Reports on Program and System.--(1) Not later than 60 days
    after the date of the enactment of this Act, the Secretary of Defense
    shall submit to Congress a report on the actions that the Secretary has
    taken to ensure that the Federal Voting Assistance Program carried out
    under the Uniformed and Overseas Citizens Absentee Voting Act (42
    U.S.C. 1973ff et seq.) 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.
        (2) Not later than 60 days after the date of the submission of the
    report required by paragraph (1), the Secretary of Defense shall submit
    to Congress a report on the actions that the Secretary has taken to
    ensure that the military postal system functions effectively to support
    the morale of members referred to in such paragraph and their ability
    to vote by absentee ballot.
        (b) Report on Implementation of 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 specifying--
            (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 recommendation not implemented or not
        fully implemented as of the date of the submission of the report,
        the reasons for not implementing or not fully implementing the
        recommendation, as the case may be.

                      Subtitle J--Military Justice Matters

    SEC. 571. REVIEW ON HOW SEXUAL OFFENSES ARE COVERED BY UNIFORM CODE OF
                  MILITARY JUSTICE.

        (a) Review Required.--The Secretary of Defense shall review the
    Uniform Code of Military Justice and the Manual for Courts-Martial with
    the objective of determining what changes are required to improve the
    ability of the military justice system to address issues relating to
    sexual assault and to conform the Uniform Code of Military Justice and
    the Manual for Courts-Martial more closely to other Federal laws and
    regulations that address such issues.
        (b) Report.--Not later than March 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 review carried out under subsection (a). The report shall include
    the recommendations of the Secretary for revisions to the Uniform Code
    of Military Justice and, for each such revision, the rationale behind
    that revision.

    SEC. 572. 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. 573. PROCESSING OF FORENSIC EVIDENCE COLLECTION KITS AND
                  ACQUISITION OF SUFFICIENT STOCKS OF SUCH KITS.

        (a) Elimination of Backlog, Etc.--The Secretary of Defense shall
    take such steps as may be necessary to ensure that--
            (1) the United States Army Criminal Investigation Laboratory
        has the personnel and resources to effectively process forensic
        evidence used by the Department of Defense within 60 days of
        receipt by the laboratory of such evidence;
            (2) consistent policies are established among the Armed Forces
        to reduce the time period between the collection of forensic
        evidence and the receipt and processing of such evidence by United
        States Army Criminal Investigation Laboratory; and
            (3) there is an adequate supply of forensic evidence collection
        kits--
                (A) for all United States military installations, including
            the military service academies; and
                (B) for units of the Armed Forces deployed in theaters of
            operation.
        (b) Training.--The Secretary shall take such measures as the
    Secretary considers appropriate to ensure that personnel are
    appropriately trained--
            (1) in the use of forensic evidence collection kits; and
            (2) in the prescribed procedures to ensure protection of the
        chain of custody of such kits once used.

    SEC. 574. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.

        (a) Department of the Army.--Section 3037 of title 10, United
    States Code, is amended--
            (1) in subsection (a), by striking the second and third
        sentences and inserting ``The term of office of the Judge Advocate
        General and the Assistant Judge Advocate General is four years.'';
        and
            (2) by adding at the end the following new subsection:
        ``(e) No officer or employee of the Department of Defense may
    interfere with--
            ``(1) the ability of the Judge Advocate General to give
        independent legal advice to the Secretary of the Army or the Chief
        of Staff of the Army; or
            ``(2) the ability of judge advocates of the Army assigned or
        attached to, or performing duty with, military units to give
        independent legal advice to commanders.''.
        (b) Department of the Navy.--(1) Section 5148 of such title is
    amended by adding at the end the following new subsection:
        ``(e) No officer or employee of the Department of Defense may
    interfere with--
            ``(1) the ability of the Judge Advocate General to give
        independent legal advice to the Secretary of the Navy or the Chief
        of Naval Operations; or
            ``(2) the ability of judge advocates of the Navy assigned or
        attached to, or performing duty with, military units to give
        independent legal advice to commanders.''.
        (2) Section 5046 of such title is amended by adding at the end the
    following new subsection:
        ``(c) No officer or employee of the Department of Defense may
    interfere with--
            ``(1) the ability of the Staff Judge Advocate to the Commandant
        of the Marine Corps to give independent legal advice to the
        Commandant of the Marine Corps; or
            ``(2) the ability of judge advocates of the Marine Corps
        assigned or attached to, or performing duty with, military units to
        give independent legal advice to commanders.''.
        (c) Department of the Air Force.--Section 8037 of title 10, United
    States Code, is amended--
            (1) in subsection (a), by striking ``, but may be'' in the
        second sentence and all that follows in that sentence through
        ``President'';
            (2) in subsection (c)--
                (A) by striking ``shall'' in the matter preceding paragraph
            (1);
                (B) by striking paragraph (2);
                (C) by redesignating paragraph (1) as paragraph (3) and in
            that paragraph--
                    (i) inserting ``shall'' before ``receive,''; and
                    (ii) by striking ``; and'' at the end and inserting a
                period; and
                (D) by inserting before paragraph (3), as so redesignated,
            the following new paragraphs:
            ``(1) is the legal adviser of the Secretary of the Air Force
        and of all officers and agencies of the Department of the Air
        Force;
            ``(2) shall direct the officers of the Air Force designated as
        judge advocates in the performance of their duties; and'';
            (3) in subsection (d)(1), by striking ``, but may be'' in the
        second sentence and all that follows in that sentence through
        ``President''; and
            (4) by adding at the end the following new subsection:
        ``(f) No officer or employee of the Department of Defense may
    interfere with--
            ``(1) the ability of the Judge Advocate General to give
        independent legal advice to the Secretary of the Air Force or the
        Chief of Staff of the Air Force; or
            ``(2) the ability of officers of the Air Force who are
        designated as judge advocates who are assigned or attached to, or
        performing duty with, military units to give independent legal
        advice to commanders.''.
        (d) Independent Review.--(1) The Secretary of Defense shall
    establish an independent panel of outside experts to conduct a study
    and review of the relationships between the legal elements of each of
    the military departments and to prepare a report setting forth the
    panel's recommendations as to statutory, regulatory, and policy changes
    that the panel considers to be desirable to improve the effectiveness
    of those relationships and to enhance the legal support provided to the
    leadership of each military department and each of the Armed Forces.
        (2) The panel shall be composed of seven members, appointed by the
    Secretary of Defense from among private United States citizens who have
    substantial expertise in military law and the organization and
    functioning of the military departments. No more than one member of the
    panel may have served as the Judge Advocate General of an Armed Force,
    and no more than one member of the panel may have served as the General
    Counsel of a military department.
        (3) The Secretary of Defense shall designate the chairman of the
    panel from among the members of the panel other than a member who has
    served as a Judge Advocate General or as a military department General
    Counsel.
        (4) Members shall be appointed for the life of the panel. Any
    vacancy in the panel shall be filled in the same manner as the original
    appointment.
        (5) The panel shall meet at the call of the chairman.
        (6) All original appointments to the panel shall be made by January
    15, 2005. The chairman shall convene the first meeting of the panel not
    later than February 1, 2005.
        (7) In carrying out the study and review required by paragraph (1),
    the panel shall--
            (A) review the history of relationships between the uniformed
        and civilian legal elements of each of the Armed Forces;
            (B) analyze the division of duties and responsibilities between
        those elements in each of the Armed Forces;
            (C) review the situation with respect to civilian attorneys
        outside the offices of the service general counsels and their
        relationships to the Judge Advocates General and the General
        Counsels;
            (D) consider whether the ability of judge advocates to give
        independent, professional legal advice to their service staffs and
        to commanders at all levels in the field is adequately provided for
        by policy and law; and
            (E) consider whether the Judge Advocates General and General
        Counsels possess the necessary authority to exercise professional
        supervision over judge advocates, civilian attorneys, and other
        legal personnel practicing under their cognizance in the
        performance of their duties.
        (8) Not later than April 15, 2005, the panel shall submit a report
    on the study and review required by paragraph (1) to the Secretary of
    Defense. The report shall include the findings and conclusions of the
    panel as a result of the study and review, together with any
    recommendations for legislative or administrative action that the panel
    considers appropriate. The Secretary of Defense shall transmit the
    report, together with any comments the Secretary wishes to provide, to
    the Committees on Armed Services of the Senate and House of
    Representatives not later than May 1, 2005.
        (9) In this section, the term ``Armed Forces'' does not include the
    Coast Guard.

                 Subtitle K--Sexual Assault in the Armed Forces

    SEC. 576. EXAMINATION OF SEXUAL ASSAULT IN THE ARMED FORCES BY THE
                  DEFENSE TASK FORCE ESTABLISHED TO EXAMINE SEXUAL
                  HARASSMENT AND VIOLENCE AT THE MILITARY SERVICE
                  ACADEMIES.

        (a) Extension of Task Force.--(1) The task force in the Department
    of Defense established by the Secretary of Defense pursuant to section
    526 of the National Defense Authorization Act for Fiscal Year 2004
    (Public Law 108-136; 117 Stat. 1466) to examine matters relating to
    sexual harassment and violence at the United States Military Academy
    and United States Naval Academy shall continue in existence for a
    period of at least 18 months after the date as of which the task force
    would otherwise be terminated pursuant to subsection (i) of that
    section.
        (2) Upon the completion of the functions of the task force referred
    to in paragraph (1) pursuant to section 526 of the National Defense
    Authorization Act for Fiscal Year 2004, the name of the task force
    shall be changed to the Defense Task Force on Sexual Assault in the
    Military Services, and the task force shall then carry out the
    functions specified in this section. The task force shall not begin to
    carry out the functions specified in this section until it has
    completed its functions under such section 526.
        (3) Before the task force extended under this subsection begins to
    carry out the functions specified in this section, the Secretary of
    Defense may, consistent with the qualifications required by section
    526(f) of Public Law 108-136, change the composition of the task force
    as the Secretary considers appropriate for the effective performance of
    such functions, except that--
            (A) any change initiated by the Secretary in the membership of
        the task force under this paragraph may not take effect before the
        task force has completed its functions under section 526 of Public
        Law 108-136; and
            (B) the total number of members of the task force may not
        exceed 14.
        (b) Examination of Matters Relating to Sexual Assault in the Armed
    Forces.--The task force shall conduct an examination of matters
    relating to sexual assault in cases in which members of the Armed
    Forces are either victims or commit acts of sexual assault.
        (c) Recommendations.--The Task Force shall include in its report
    under subsection (e) recommendations of ways by which civilian
    officials within the Department of Defense and leadership within the
    Armed Forces may more effectively address matters relating to sexual
    assault. That report shall include an assessment of, and
    recommendations (including any recommendations for changes in law) for
    measures to improve, with respect to sexual assault, the following:
            (1) Victim care and advocacy programs.
            (2) Effective prevention.
            (3) Collaboration among military investigative organizations
        with responsibility or jurisdiction.
            (4) Coordination and resource sharing between military and
        civilian communities, including local support organizations.
            (5) Reporting procedures, data collection, tracking of cases,
        and use of data on sexual assault by senior military and civilian
        leaders.
            (6) Oversight of sexual assault programs, including development
        of measures of the effectiveness of those programs in responding to
        victim needs.
            (7) Military justice issues.
            (8) Progress in developing means to investigate and prosecute
        assailants who are foreign nationals.
            (9) Adequacy of resources supporting sexual assault prevention
        and victim advocacy programs, particularly for deployed units and
        personnel.
            (10) Training of military and civilian personnel responsible
        for implementation of sexual assault policies.
            (11) Programs and policies, including those related to
        confidentiality, designed to encourage victims to seek services and
        report offenses.
            (12) Other issues identified by the task force relating to
        sexual assault.
        (d) Methodology.--In carrying out its examination under subsection
    (b) and in formulating its recommendations under subsection (c), the
    task force shall consider the findings and recommendations of previous
    reviews and investigations of sexual assault conducted by the
    Department of Defense and the Armed Forces.
        (e) Report.--(1) Not later than one year after the initiation of
    its examination under subsection (b), the task force shall submit to
    the Secretary of Defense and the Secretaries of the Army, Navy, and Air
    Force a report on the activities of the task force and on the
    activities of the Department of Defense and the Armed Forces to respond
    to sexual assault.
        (2) The report shall include the following:
            (A) A description of any barrier to implementation of
        improvements as a result of previous efforts to address sexual
        assault.
            (B) Other areas of concern not previously addressed in prior
        reports.
            (C) The findings and conclusions of the task force.
            (D) Any recommendations for changes to policy and law that the
        task force considers appropriate.
        (3) Within 90 days after receipt of the report under paragraph (1),
    the Secretary of Defense shall submit the report, together with the
    Secretary's evaluation of the report, to the Committees on Armed
    Services of the Senate and House of Representatives.
        (f) Termination.--The task force shall terminate 90 days after the
    date on which the report of the task force is submitted to the
    Committees on Armed Services of the Senate and House of Representatives
    pursuant to subsection (e)(3).

    SEC. 577. 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.
        (3) Before developing the comprehensive policy required by
    paragraph (1), the Secretary of Defense shall develop a definition of
    sexual assault. The definition so developed shall be used in the
    comprehensive policy under paragraph (1) and otherwise within the
    Department of Defense and Coast Guard in matters involving members of
    the Armed Forces. The definition shall be uniform for all the Armed
    Forces and shall be developed in consultation with the Secretaries of
    the military departments and the Secretary of Homeland Security with
    respect to the Coast Guard.
        (b) Elements of Comprehensive Policy.--The comprehensive policy
    developed under subsection (a) shall, at a minimum, 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 of Defense 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 Report on Sexual Assaults.--(1) Not later than January
    15 of each year, the Secretary of each military department shall submit
    to the Secretary of Defense a report on the sexual assaults involving
    members of the Armed Forces under the jurisdiction of that Secretary
    during the preceding year. In the case of the Secretary of the Navy,
    separate reports shall be prepared for the Navy and for the Marine
    Corps.
        (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
        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) for any year after 2005 shall
    include an assessment by the Secretary of the military department
    submitting the report 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.
        (4) The Secretary of Defense shall submit to the Committees on
    Armed Services of the Senate and House of Representatives each report
    submitted to the Secretary under this subsection, together with the
    comments of the Secretary on the report. The Secretary shall submit
    each such report not later than March 15 of the year following the year
    covered by the report.
        (5) For the report under this subsection covering 2004, the
    applicable date under paragraph (1) is April 1, 2005, and the
    applicable date under paragraph (4) is May 1, 2005.

               Subtitle L--Management and Administrative Matters

    SEC. 581. THREE-YEAR EXTENSION OF LIMITATION ON REDUCTIONS OF PERSONNEL
                  OF AGENCIES RESPONSIBLE FOR REVIEW AND CORRECTION OF
                  MILITARY RECORDS.

        Section 1559(a) of title 10, United States Code, is amended by
    striking ``During fiscal years 2003, 2004, and 2005,'' and inserting
    ``Before October 1, 2008,''.

    SEC. 582. STAFFING FOR DEFENSE PRISONER OF WAR/MISSING PERSONNEL OFFICE
                  (DPMO).

        (a) Report When Staffing is Below Prescribed Level.--Subparagraph
    (B) of section 1501(a)(5) of title 10, United States Code, is amended--
            (1) by inserting ``(i)'' after ``(B)'';
            (2) by inserting ``, whether temporary or permanent,'' after
        ``civilian personnel''; and
            (3) by adding at the end the following:
        ``(ii) If for any reason the number of military and civilian
    personnel assigned or detailed to the office should fall below the
    required level under clause (i), the Secretary of Defense shall
    promptly notify the Committees on Armed Services of the Senate and
    House of Representatives of the number of personnel so assigned or
    detailed and of the Secretary's plan to restore the staffing level of
    the office to at least the required minimum number under clause (i).
    The Secretary shall publish such notice and plan in the Federal
    Register.''.
        (b) GAO Study.--Not later than 180 days after the date of the
    enactment of this Act, the Comptroller General shall submit to the
    Committee on Armed Services of the Senate and the Committee on Armed
    Services of the House of Representatives a report providing an
    assessment of staffing and funding levels for the Defense Prisoner of
    War/Missing Personnel Office. The report shall include--
            (1) a description of changes, over the period from the
        inception of the office to the time of the submission of the
        report, in the missions and mission requirements of the office,
        together with a comparison of personnel and funding requirements of
        the office over that period with actual manning and funding levels
        over that period; and
            (2) the Comptroller General's assessment of the adequacy of
        current manning and funding levels for that office in light of
        current mission requirements.

    SEC. 583. PERMANENT ID CARDS FOR RETIREE DEPENDENTS AGE 75 AND OLDER.

        (a) In General.--(1) Chapter 53 of title 10, United States Code, is
    amended by adding at the end the following new section:

    ``Sec. 1060b. Military ID cards: dependents and survivors of retirees;
                issuance of permanent ID card after attaining 75 years of
                age

        ``(a) Permanent ID Card After Age 75.--In issuing military ID cards
    to retiree dependents, the Secretary concerned shall issue a permanent
    ID card (not subject to renewal) to any such retiree dependent who has
    attained 75 years of age. Such a permanent ID card shall be issued upon
    the expiration, after the retiree dependent attains 75 years of age, of
    any earlier, renewable military ID card or, if earlier, upon the
    request of such a retiree dependent after attaining age 75.
        ``(b) Definitions.--In this section:
            ``(1) The term `military ID card' means a card or other form of
        identification used for purposes of demonstrating eligibility for
        any benefit from the Department of Defense.
            ``(2) The term `retiree dependent' means a person who is a
        dependent of a retired member of the uniformed services, or a
        survivor of a deceased retired member of the uniformed services,
        who is eligible for any benefit from the Department of Defense.''.
        (2) The table of sections at the beginning of such chapter is
    amended by adding at the end the following new item:

    ``1060b. Military ID cards: dependents and survivors of retirees;
              issuance of permanent ID card after attaining 75 years of
              age.''.

        (b) Effective Date.--Section 1060b of title 10, United States Code,
    as added by subsection (a), shall take effect on October 1, 2004.

    SEC. 584. AUTHORITY TO FURNISH CIVILIAN CLOTHING TO MEMBERS TRAVELING
                  IN CONNECTION WITH MEDICAL EVACUATION.

        (a) Authority.--Section 1047 of title 10, United States Code, is
    amended--
            (1) by inserting ``(b) Certain Enlisted Members.--'' before
        ``The Secretary''; and
            (2) by inserting after the section heading the following:
        ``(a) Members Traveling In Connection With Medical Evacuation.--The
    Secretary of the military department concerned may furnish civilian
    clothing to a member at a cost not to exceed $250, or reimburse a
    member for the purchase of civilian clothing in an amount not to exceed
    $250, in the case of a member who--
            ``(1) is medically evacuated for treatment in a medical
        facility by reason of an illness or injury incurred or aggravated
        while on active duty; or
            ``(2) after being medically evacuated as described in paragraph
        (1), is in an authorized travel status from a medical facility to
        another location approved by the Secretary.''.
        (b) Effective Date.--Subsection (a) of section 1047 of title 10,
    United States Code, as added by subsection (a), shall take effect as of
    October 1, 2004, and (subject to subsection (c)) shall apply with
    respect to clothing furnished, and reimbursement for clothing
    purchased, on or after that date.
        (c) Retroactive Application.--With respect to the period beginning
    on October 1, 2004, and ending on the date of the enactment of this
    Act, the Secretary of Defense shall provide for subsection (a) of
    section 1047 of title 10, United States Code, as added by subsection
    (a), to be applied as a continuation of the authority provided in
    section 1319 of the Emergency Wartime Supplemental Appropriations Act,
    2003 (Public Law 108-11; 117 Stat. 571), as continued in effect during
    fiscal year 2004 by section 1103 of the Emergency Supplemental
    Appropriations Act for Defense and for the Reconstruction of Iraq and
    Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1214).

    SEC. 585. AUTHORITY TO ACCEPT DONATION OF FREQUENT TRAVELER MILES,
                  CREDITS, AND TICKETS TO FACILITATE REST AND RECUPERATION
                  TRAVEL OF DEPLOYED MEMBERS OF THE ARMED FORCES AND THEIR
                  FAMILIES.

        (a) Operation Hero Miles.--(1) Chapter 155 of title 10, United
    States Code, is amended by adding at the end the following new section:

    ``Sec. 2613. Acceptance of frequent traveler miles, credits, and
                tickets; use to facilitate rest and recuperation travel of
                deployed members and their families

        ``(a) Authority to Accept Donation of Travel Benefits.--Subject to
    subsection (c), the Secretary of Defense may accept from any person or
    government agency the donation of travel benefits for the purposes of
    use under subsection (d).
        ``(b) Travel Benefit Defined.--In the section, the term `travel
    benefit' means frequent traveler miles, credits for tickets, or tickets
    for air or surface transportation issued by an air carrier or a surface
    carrier, respectively, that serves the public.
        ``(c) Condition on Authority to Accept Donation.--The Secretary may
    accept a donation of a travel benefit under this section only if the
    air or surface carrier that is the source of the benefit consents to
    such donation. Any such donation shall be under such terms and
    conditions as the surface carrier may specify, and the travel benefit
    so donated may be used only in accordance with the rules established by
    the carrier.
        ``(d) Use of Donated Travel Benefits.--A travel benefit accepted
    under this section may be used only for the purpose of--
            ``(1) facilitating the travel of a member of the armed forces
        who--
                ``(A) 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
                ``(B) is granted, during such deployment, rest and
            recuperative leave, emergency leave, convalescent leave, or
            another form of leave authorized for the member; or
            ``(2) 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 a deployment, facilitating the travel of family
        members of the member in order to be reunited with the member.
        ``(e) Administration.--(1) The Secretary shall designate a single
    office in the Department of Defense to carry out this section. That
    office shall develop rules and procedures to facilitate the acceptance
    and distribution of travel benefits under this section.
        ``(2) For the use of travel benefits under subsection (d)(2) 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.
        ``(3) The Secretary of Defense may, in an exceptional case,
    authorize a person not described in subsection (d)(2) to use a travel
    benefit accepted under this subsection to visit a member of the armed
    forces described in subsection (d)(1) if that person has a notably
    close relationship with the member. The travel benefit 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 travel
    benefit.
        ``(f) Services of Nonprofit Organization.--The Secretary of Defense
    may enter into an agreement with a nonprofit organization to use the
    services of the organization--
            ``(1) to promote the donation of travel benefits under this
        section, except that amounts appropriated to the Department of
        Defense may not be expended for this purpose; and
            ``(2) to assist in administering the collection, distribution,
        and use of travel benefits under this section.
        ``(g) Family Member Defined.--In this section, the term `family
    member' has the meaning given that term in section 411h(b)(1) of title
    37.''.
        (2) The table of sections at the beginning of such chapter is
    amended by adding at the end the following new item:

    ``2613. Acceptance of frequent traveler miles, credits, and tickets; use
              to facilitate rest and recuperation travel of deployed members
              and their families.''.

        (b) Tax Treatment of Travel Benefits Donated for Operation Hero
    Miles.--
            (1) Exclusion from gross income.--Subsection (b) of section 134
        of the Internal Revenue Code of 1986 (defining qualified military
        benefit) is amended by adding at the end the following new
        paragraph:
            ``(5) Travel benefits under operation hero miles.--The term
        `qualified military benefit' includes a travel benefit provided
        under section 2613 of title 10, United States Code (as in effect on
        the date of the enactment of this paragraph).''.
            (2) Conforming amendments.--
                (A) Section 134(b)(3)(A) of such Code is amended by
            striking ``paragraph (4)'' and inserting ``paragraphs (4) and
            (5)''.
                (B) Section 3121(a)(18) of such Code is amended by striking
            ``or 134(b)(4)'' and inserting ``134(b)(4), or 134(b)(5)''.
                (C) Section 3306(b)(13) of such Code is amended by striking
            ``or 134(b)(4)'' and inserting ``134(b)(4), or 134(b)(5)''.
                (D) Section 3401(a)(18) of such Code is amended by striking
            ``or 134(b)(4)'' and inserting ``134(b)(4), or 134(b)(5)''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to travel benefits provided after the date of the
        enactment of this Act.

    SEC. 586. ANNUAL REPORT IDENTIFYING REASONS FOR DISCHARGES FROM THE
                  ARMED FORCES DURING PRECEDING FISCAL YEAR.

        (a) Report Required.--Not later than March 1 each year through
    2011, the Secretary of Defense shall submit to the Committees on Armed
    Services of the Senate and House of Representatives a report on
    discharges from the Army, Navy, Air Force, and Marine Corps during the
    preceding fiscal year.
        (b) Matters To Be Included.--Each such report shall show, in the
    aggregate and for each of those Armed Forces, the following:
            (1) The total number of persons discharged during the preceding
        fiscal year.
            (2) For each separation code, and for each reenlistment
        eligibility code, used by the Armed Forces, the number of those
        discharged persons assigned that code.
            (3) For the persons assigned each such separation code,
        classification of discharges by age, by sex, by race, by military
        rank or grade, by time in service, by unit (shown at the small unit
        level), by military occupational specialty (or the equivalent), and
        by reenlistment eligibility code.
        (c) Use of Generic Separation Codes.--In preparing the reports
    under this section, the Secretary shall use a generic interservice
    separation code that provides similar, and consistent, data across the
    services.

    SEC. 587. STUDY OF BLENDED WING CONCEPT FOR THE AIR FORCE.

        (a) Study Required.--Not later than March 1, 2005, the Secretary of
    the Air Force shall submit to Congress a report on the blended wing
    concept for the Air Force. The report shall include the Secretary's
    findings as to the characteristics and locations that are considered
    favorable for a blended wing, a description of the manner in which
    current blended wings are functioning, and a statement of the current
    and future plans of the Air Force to implement the blended wing
    concept.
        (b) Selection Criteria.--The report shall include a description of
    the criteria and attributes that the Secretary requires when choosing
    units to become blended wings.

    SEC. 588. SENSE OF CONGRESS 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 people 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 Congress.--It is the sense of Congress that--
            (1) a member of the Armed Forces who on the member's own
        initiative is highly motivated to return to active duty service
        following rehabilitation from injuries incurred in service in the
        Armed Forces should, after appropriate medical review and physical
        disability evaluation, be given the opportunity to present the
        member's case for continuing to serve on active duty in varied
        military capacities;
            (2) other than appropriate medical review and physical
        disability evaluation, 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 include options for such members to return to active duty
        service and to be retrained to perform military missions for which
        they are fully capable.

                           Subtitle M--Other Matters

    SEC. 591. 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.--The amendments made by this section 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 the date of the enactment of this Act.

    SEC. 592. IMPLEMENTATION PLAN FOR ACCESSION OF PERSONS WITH SPECIALIZED
                  SKILLS.

        (a) Plan for Accession of Persons With Specialized Skills.--(1) Not
    later than 180 days after the date of the enactment of this Act, the
    Secretary of Defense shall submit to Congress a plan for implementation
    of authority, if subsequently provided by law, to allow for accession
    into the Armed Forces, on a special or lateral-entry basis, of persons
    with specialized skills, for duty involving the use of such skills.
        (2) The plan under paragraph (1) shall address matters such as
    projected numbers of enlistments and appointments, initial rank or
    grade, projected enlistment and re-enlistment bonuses and pays,
    projected length of service obligation (if any), minimum time of active
    duty requirements, the potential effect the use of such authority would
    have on other special or lateral-entry programs (such as those
    applicable to physicians), and such other matters as the Secretary
    considers appropriate.
        (3) The Secretary shall include with the plan submitted under
    paragraph (1) a comparison of that plan with an alternative for meeting
    the specialized skills required by the Armed Forces through the use of
    civilain contractor personnel.
        (b) Civilian Skills Corps Feasibility Study.--(1) The Secretary of
    Defense shall conduct a feasibility study of how to implement a system
    that would make civilian volunteers, with skills determined by the
    Secretary to be critical, rapidly available for use in, or in support
    of, units of the Armed Force on a temporary basis to meet no-notice, or
    short-notice, operational requirements. In conducting the study, the
    Secretary shall examine a range of options, including--
            (A) a system that would embed on short notice in military units
        civilian volunteers who were not part of the military, but who
        possessed highly required skills that were in short supply in the
        Armed Forces; and
            (B) a system to provide for the accession into the active or
        reserve components of persons with critical skills required by the
        Armed Forces for whom the Secretary could prescribe varying lengths
        of service and training requirements.
        (2) 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 results of the study under paragraph
    (1) not later than March 31, 2005.

    SEC. 593. ENHANCED SCREENING METHODS AND PROCESS IMPROVEMENTS FOR
                  RECRUITMENT OF HOME SCHOOLED AND NATIONAL GUARD CHALLENGE
                  PROGRAM GED RECIPIENTS.

        (a) Enhanced Screeing Methods and Process Improvements.--(1) The
    Secretary of the Army shall carry out an initiative--
            (A) to develop screening methods and process improvements for
        recruiting specified GED recipients so as to achieve attrition
        patterns, among the GED recipients so recruited, that match
        attrition patterns for Army recruits who are high school diploma
        graduates; and
            (B) subject to subsection (b), to implement such screening
        methods and process improvements on a test basis.
        (2) For purposes of this section, the term ``specified GED
    recipients'' means persons who receive a General Educational
    Development (GED) certificate as a result of home schooling or the
    completion of a program under the National Guard Challenge program.
        (b) Secretary of Defense Review.--Before the screening methods and
    process improvements developed under subsection (a)(1) are put into
    effect under subsection (a)(2), the Secretary of Defense shall review
    the proposed screening methods and process improvements. Based on such
    review, the Secretary of Defense either shall approve the use of such
    screening methods and process improvements for testing (with such
    modifications as the Secretary may direct) or shall disapprove the use
    of such methods and process improvements on a test basis.
        (c) Secretary of Defense Decision.--If the Secretary of Defense
    determines under subsection (b) that the screening methods and process
    improvements developed under subsection (a)(1) should be implemented on
    a test basis, then upon completion of the test period, the Secretary of
    Defense shall, after reviewing the results of the test program,
    determine whether the new screening methods and process improvements
    developed by the Army should be extended throughout the Department for
    recruit candidates identified by the new procedures to be considered
    tier 1 recruits.
        (d) Reports.--(1) If the Secretary of Defense determines under
    subsection (b) that the screening methods and process improvements
    developed under subsection (a)(1) should not be implemented on a test
    basis, the Secretary of Defense shall, not later than 90 days
    thereafter, notify the Committee on Armed Services of the Senate and
    the Committee on Armed Services of the House of Representatives of such
    determination, together with the reasons of the Secretary for such
    determination.
        (2) If the Secretary of Defense determines under subsection (b)
    that the screening methods and process improvements developed under
    subsection (a)(1) should be implemented on a test basis, the Secretary
    of the Army shall submit to the committees specified in paragraph (1) a
    report on the results of the testing. The report shall be submitted not
    later than March 31, 2009, except that if the Secretary of Defense
    directs an earlier termination of the testing initiative, the Secretary
    of the Army shall submit the report under this paragraph not later than
    180 days after such termination. Such report shall include the
    determination of the Secretary of Defense under subsection (c). If that
    determination is that the methods and processes tested should not be
    extended to the other services, the report shall include the
    Secretary's rationale for not recommending such extension.

    SEC. 594. REDESIGNATION OF NATIONAL GUARD CHALLENGE PROGRAM AS NATIONAL
                  GUARD YOUTH CHALLENGE PROGRAM.

        (a) Redesignation.--Section 509 of title 32, United States Code, is
    amended--
            (1) in subsection (a)--
                (A) by striking ``National Guard Challenge Program'' the
            first place it appears and inserting ``National Guard Youth
            Challenge Program''; and
                (B) by striking ``National Guard Challenge Program'' the
            second place it appears and inserting ``Program'';
            (2) by striking ``National Guard Challenge Program'' each place
        it appears in subsections (b) through (k) and subsection (m) and
        inserting ``Program'';
            (3) by striking ``program'' each place it appears in
        subsections (b), (g), (i)(2)(A), (j), (k), and (m) and inserting
        ``Program''; and
            (4) in subsection (l), by adding at the end the following new
        paragraph:
            ``(3) The term `Program' means the National Guard Youth
        Challenge Program carried out pursuant to this section.''.
        (b) 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. 595. REPORTS ON CERTAIN MILESTONES RELATING TO DEPARTMENT OF
                  DEFENSE TRANSFORMATION.

        (a) Military-to-Civilian Conversions.--Not later than January 31,
    2005, 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 providing information as to the number of
    positions in the Department of Defense that were converted during
    fiscal year 2004 from performance by military personnel to performance
    by civilian personnel of the Department of Defense or contractor
    personnel. The report shall include the following:
            (1) A description of the skill sets of the military positions
        converted.
            (2) Specification of the total cost of the conversions and how
        that cost is being met.
            (3) The number of positions in the Department of Defense
        projected for such conversion during the period from March 1, 2005,
        through January 31, 2006.
        (b) Military-to-Military Conversions.--Not later than March 31 of
    each of 2005, 2006, and 2007, 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--
            (1) the number of units, by type, converted from one primary
        military capability to another during the previous fiscal year and,
        for each such unit, what the new unit designation and new military
        capabilities are;
            (2) the number of military personnel, by military skill, who
        have converted during the previous fiscal year from one primary
        military skill to another, with a listing of the military skills to
        which the individuals converted;
            (3) a description of the military unit and military personnel
        conversions planned for the upcoming fiscal year; and
            (4) a statement of whether the overall unit and military
        personnel conversions planned for the previous fiscal year were
        met, and for each such planned conversion, the reasons why the
        planned conversion was or was not met.
        (c) Army Transformation to Brigade Structure.--The Secretary of the
    Army shall submit to the Committee on Armed Services of the Senate and
    the Committee on Armed Services of the House of Representatives an
    annual report on the status of the internal transformation of the Army
    from a division-orientated force to a brigade-orientated force. Such
    report shall be submitted not later than March 31 of each year, except
    that the requirement to submit such annual report shall terminate when
    the Secretary of the Army submits to those committees the Secretary's
    certification that the transformation of the Army to a brigade-
    orientated force has been completed. Upon the submission of such
    certification, the Secretary shall publish in the Federal Register
    notice of that certification and that the statutory requirement to
    submit an annual report under this subsection has terminated.

    SEC. 596. REPORT ON ISSUES RELATING TO REMOVAL OF REMAINS OF PERSONS
                  INTERRED IN UNITED STATES MILITARY CEMETERIES OVERSEAS.

        (a) Study.--The Secretary of the Army shall examine the issues
    relating to requests for disinterment of remains of persons buried in
    United States overseas military cemeteries. The examination shall
    include the following:
            (1) A review of the historical facts involved in establishing
        the United States overseas military cemeteries and in determining
        the criteria for interment in those cemeteries.
            (2) An examination of the processes for ensuring that the
        initial disposition decision with respect to the remains of any
        decedent was carried out, together with a review and explanation of
        the existing policy and procedures regarding request for
        disinterment and any exceptions that have been made.
            (3) An analysis of the potential reasons for justifying
        disinterment of remains from those cemeteries, including error,
        misunderstanding, and change of decision by the original
        responsible next of kin or other family member or group of family
        members.
            (4) An analysis of the potential impact on the operation of
        United States overseas military cemeteries of permitting
        disinterment of remains from those cemeteries.
        (b) Report.--Not later than September 30, 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 results of the examination under subsection (a). The report shall
    include the following:
            (1) The matters specified in paragraphs (1), (2), (3), and (4)
        of subsection (a).
            (2) A description of the changes to policy criteria and
        procedures that would be necessary to support a system for
        requesting and authorizing disinterment of such remains.
            (3) The recommendations of the Secretary of the Army and the
        American Battle Monuments Commission for changing current policy
        and procedures with respect to such disinterments.
        (c) Consultation With ABMC.--The Secretary shall carry out the
    examination under subsection (a) and prepare the report under
    subsection (b) in consultation with the American Battle Monuments
    Commission.
        (d) ABMC Assistance.--The American Battle Monuments Commission
    shall provide the Secretary of the Army such assistance as the
    Secretary may require in carrying out this section.
        (e) Definitions.--For purposes of this section:
            (1) The term ``United States overseas military cemetery'' means
        a cemetery located in a foreign country that is administered by the
        Secretary of a military department or the American Battle Monuments
        Commission.
            (2) The term ``initial disposition decision'', with respect to
        the remains of a person who died outside the United States and was
        interred in a United States overseas military cemetery, means a
        decision by a family member (or other designated person) as to the
        disposition (in accordance with laws and regulations in effect at
        the time) of the remains of the deceased person, such decision
        being to have the remains interred in a United States overseas
        military cemetery (rather than to have those remains transported to
        the United States for interment or other disposition in the United
        States).

    SEC. 597. COMPTROLLER GENERAL REPORTS ON CLOSURE OF DEPARTMENT OF
                  DEFENSE DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS AND
                  COMMISSARY STORES.

        (a) Report on Defense Dependent Schools.--The Comptroller General
    shall prepare a report containing--
            (1) 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 Department of Defense
        dependent elementary and secondary 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 their dependents; and
            (2) 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.
        (b) Report on Commissary Stores.--The Comptroller General shall
    prepare a report containing--
            (1) 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 their
        dependents; and
            (2) 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.
        (c) Submission of Reports.--The Comptroller General shall submit
    the reports required by this section to the Committee on Armed Services
    of the Senate and the Committee on Armed Services of the House of
    Representatives not later than 180 days after the date of the enactment
    of this Act.

    SEC. 598. COMPTROLLER GENERAL REPORT ON TRANSITION ASSISTANCE PROGRAMS
                  FOR MEMBERS SEPARATING FROM THE ARMED FORCES.

        (a) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Comptroller General shall submit to Congress
    a report evaluating the programs of the Department of Defense and other
    Federal agencies under which transition assistance is provided to
    members of the Armed Forces who are separating from active duty
    service.
        (b) Elements of Report.--(1) With regard to the transition
    assistance programs under section 1142 and 1144 of title 10, United
    States Code, the report required by subsection (a) shall include--
            (A) an analysis of the extent to which such programs are
        meeting the current needs of members of the Armed Forces as they
        are discharged or released from active duty;
            (B) a discussion of the original purposes of the programs;
            (C) a discussion of how the programs are currently being
        administered in relationship to those purposes;
            (D) an assessment of whether the programs are adequate to meet
        the current needs of members of the reserve components; and
            (E) such recommendations as 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) The report shall include an analysis of any differences 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 and such recommendations as
    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) The report shall include--
            (A) an analysis of the relationship between the Department of
        Defense transition assistance programs and the transition
        assistance programs of the Department of Veterans Affairs and the
        Department of Labor, including the relationship between the
        benefits delivery at discharge program carried out jointly by the
        Department of Defense and the Department of Veterans Affairs and
        the other transition assistance programs; and
            (B) an assessment of the quality and thoroughness of
        information being provided during preseparation briefings under
        such transition assistance programs regarding the full range of
        benefits available to qualified members of the Armed Forces under
        programs operated by the Department of Veterans Affairs and the
        requirements for qualifying for those benefits.
        (4) The report shall specify the rates of participation of members
    of the Armed Forces in the transition assistance programs and include
    such recommendations as the Comptroller General considers appropriate
    to increase such participation rates, including any recommendations
    regarding revisions of such programs that could result in increased
    participation by members.
        (5) The report shall include--
            (A) an assessment of whether the transition assistance
        information provided to members of the Armed Forces omits any
        transition information that would be beneficial to members;
            (B) an assessment of the extent to which information is
        provided under the transition assistance programs regarding
        participation in Federal procurement opportunities available at
        prime contract and subcontract levels to veterans with service-
        connected disabilities and other veterans; and
            (C) such recommendations as 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) The report shall include--
            (A) 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;
            (B) an assessment of the effectiveness and usefulness of the
        role that military service organizations and veterans' service
        organizations are playing in the preseparation briefing process;
        and
            (C) such recommendations as the Comptroller General considers
        appropriate regarding whether such organizations should be given a
        more formal role in the preseparation briefing process and how
        representatives of such organizations could better be used to
        disseminate transition assistance information and provide
        preseparation counseling to members of the Armed Forces, including
        members who are being released from active duty for continuation of
        service in a reserve component.
        (7) The report shall include an analysis of the use of post-
    deployment and predischarge health screenings and such recommendations
    as 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 members of the Armed Forces being discharged or released from
    active duty.
        (8) The report shall include 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 members of the Armed Forces waive the
        physical examinations; and
            (C) how, and the extent to which, members of the Armed Forces
        are referred for follow-up health care.
        (9) The report shall include a discussion of the current process by
    which mental health screenings are conducted, follow-up 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 preparing the report
    under subsection (a), 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) Members of the Armed Forces who have received transition
        assistance under the programs covered by the report and members of
        the Armed Forces 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. 599. STUDY ON COORDINATION OF JOB TRAINING STANDARDS WITH
                  CERTIFICATION STANDARDS FOR MILITARY OCCUPATIONAL
                  SPECIALTIES.

        (a) Study Required.--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) Submission of Report.--Not later than 180 days after the date
    of the enactment of this Act, the Secretary of Labor shall submit to
    Congress a report containing the results of the study under subsection
    (a).

              TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                         Subtitle A--Pay and Allowances

    Sec. 601. Increase in basic pay for fiscal year 2005.
    Sec. 602. Relationship between eligibility to receive supplemental
              subsistence allowance and eligibility to receive imminent
              danger pay, family separation allowance, and certain Federal
              assistance.
    Sec. 603. Authority to provide family separation basic allowance for
              housing.
    Sec. 604. Geographic basis for housing allowance during short-assignment
              permanent changes of station for education or training.
    Sec. 605. Immediate lump-sum reimbursement for unusual nonrecurring
              expenses incurred for duty outside the continental United
              States.
    Sec. 606. Authority for certain members deployed in combat zones to
              receive limited advances on future basic pay.
    Sec. 607. Repeal of requirement that members entitled to basic allowance
              for subsistence pay subsistence charges while hospitalized.

               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. Authority to provide hazardous duty incentive pay to military
              firefighters.
    Sec. 616. Reduced service obligation for nurses receiving nurse
              accession bonus.
    Sec. 617. Assignment incentive pay.
    Sec. 618. Modification of active and reserve component reenlistment and
              enlistment bonus authorities.
    Sec. 619. Bonus for certain initial service of officers in the Selected
              Reserve.
    Sec. 620. Revision of authority to provide foreign language proficiency
              pay.
    Sec. 621. Eligibility of enlisted members to qualify for critical skills
              retention bonus while serving on indefinite reenlistment.
    Sec. 622. Eligibility of reserve component members for incentive bonus
              for conversion to military occupational specialty to ease
              personnel shortage.
    Sec. 623. Permanent increase in authorized amounts for imminent danger
              special pay and family separation allowance.

                Subtitle C--Travel and Transportation Allowances

    Sec. 631. Travel and transportation allowances for family members to
              attend burial ceremony or memorial service of member who dies
              on duty.
    Sec. 632. Transportation of family members incident to serious illness
              or injury of members of the uniformed services.
    Sec. 633. Reimbursement for certain lodging costs incurred in connection
              with dependent student travel.

                  Subtitle D--Retired Pay and Survivor Benefits

    Sec. 641. Computation of high-36 month average for reserve component
              members retired for disability while on active duty or dying
              while on active duty.
    Sec. 642. Repeal of phase-in of concurrent receipt of retired pay and
              veterans' disability compensation for military retirees with
              service-connected disabilities rated as 100 percent.
    Sec. 643. Death benefits enhancement.
    Sec. 644. Phased elimination of two-tier annuity computation for
              surviving spouses under Survivor Benefit Plan.
    Sec. 645. One-year open enrollment period for Survivor Benefit Plan
              commencing October 1, 2005.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

    Sec. 651. Consolidation and reorganization of legislative provisions
              regarding defense commissary system and exchanges and other
              morale, welfare, and recreation activities.
    Sec. 652. Consistent State treatment of Department of Defense
              Nonappropriated Fund Health Benefits Program.

                            Subtitle F--Other Matters

    Sec. 661. Eligibility of members for reimbursement of expenses incurred
              for adoption placements made by foreign governments.
    Sec. 662. Clarification of education loans qualifying for education loan
              repayment program for reserve component health professions
              officers.
    Sec. 663. Receipt of pay by reservists from civilian employers while on
              active duty in connection with a contingency operation.
    Sec. 664. Relief for mobilized reservists from certain Federal
              agricultural loan obligations.
    Sec. 665. Survey and analysis of effect of extended and frequent
              mobilization of reservists for active duty service on
              reservist income.
    Sec. 666. Study of disability benefits for veterans of service in the
              Armed Forces with service-connected disabilities.

                         Subtitle A--Pay and Allowances

    SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2005.

        (a) Waiver of Section 1009 Adjustment.--The adjustment to become
    effective during fiscal year 2005 required by section 1009 of title 37,
    United States Code, in the rates of monthly basic pay authorized
    members of the uniformed services shall not be made.
        (b) Increase in Basic Pay.--Effective on January 1, 2005, the rates
    of monthly basic pay for members of the uniformed services are
    increased by 3.5 percent.

    SEC. 602. 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) of section 402a of title
    37, United States Code, is amended--
            (1) in paragraph (2), by striking ``the Secretary--'' and all
        that follows through ``shall take into consideration'' and
        inserting ``the Secretary concerned shall take into
        consideration''; and
            (2) by adding at the end the following new paragraph:
        ``(3) In determining whether a member meets the eligibility
    criteria under paragraph (1), the Secretary concerned shall not take
    into consideration--
            ``(A) the amount of the supplemental subsistence allowance that
        is payable under this section;
            ``(B) the amount of any special pay that is payable to the
        member under section 310 of this section, relating to duty subject
        to hostile fire or imminent danger; or
            ``(C) the amount of any family separation allowance that is
        payable to the member under section 427 of this title.''.
        (b) Relation to Other Federal Assistance.--Such section is further
    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 child or
    spouse of a member of the armed forces receiving the supplemental
    subsistence allowance under this section who, except on account of the
    receipt of such allowance, would be eligible to receive a benefit
    described in paragraph (2) shall be considered to be eligible for that
    benefit notwithstanding the receipt of such allowance.
        ``(2) The benefits referred to in paragraph (1) are as follows:
            ``(A) Assistance provided under the Richard B. Russell National
        School Lunch Act (42 U.S.C. 1751 et seq.).
            ``(B) Assistance provided under the Child Nutrition Act of 1966
        (42 U.S.C. 1771 et seq.).
            ``(C) A service provided under the Head Start Act (42 U.S.C.
        9831 et seq.).
            ``(D) Assistance under the Child Care and Development Block
        Grant Act of 1990 (42 U.S.C. 9858 et seq.).
        ``(3) A household that includes a member of the armed forces
    receiving the supplemental subsistence allowance under this section and
    that, except on account of the receipt of such allowance, would 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 notwithstanding the receipt of such
    allowance.''.
        (c) Effective Date.--The amendments made by this section shall
    apply in determining, on or after the date of the enactment of this
    Act, the eligibility of a person for a supplemental subsistence
    allowance under section 402a of title 37, United States Code, or for
    Federal assistance under a law specified in subsection (g) of such
    section, as so amended.

    SEC. 603. AUTHORITY TO PROVIDE FAMILY SEPARATION BASIC ALLOWANCE FOR
                  HOUSING.

        Section 403(d) of title 37, United States Code, is amended--
            (1) in paragraph (1), by striking ``is entitled to'' and
        inserting ``may be paid''; and
            (2) in paragraph (4), by striking the first sentence and
        inserting the following new sentence: ``A family separation basic
        allowance for housing paid to a member under this subsection is in
        addition to any other allowance or per diem that the member
        receives under this title.''.

    SEC. 604. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE DURING SHORT-
                  ASSIGNMENT PERMANENT CHANGES OF STATION FOR EDUCATION OR
                  TRAINING.

        Section 403(d) of title 37, United States Code, as amended by
    section 603, is further amended--
            (1) in the subsection heading, by striking ``Are Unable To''
        and inserting ``Do Not''; and
            (2) in paragraph (3), by adding at the end the following new
        subparagraph:
            ``(C) If the member is reassigned for a permanent change of
        station or permanent change of assignment from a duty station in
        the United States to another duty station in the 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
        will provide the more equitable basis for the allowance:
                ``(i) The area of the duty station to which the member is
            reassigned.
                ``(ii) The area in which the dependents reside, but only if
            the dependents reside in that area when the member departs for
            the duty station to which the member is reassigned and only for
            the period during which the dependents reside in that area.
                ``(iii) The area of the former duty station of the member,
            if different than the area in which the dependents reside.''.

    SEC. 605. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL NONRECURRING
                  EXPENSES INCURRED FOR DUTY OUTSIDE THE CONTINENTAL UNITED
                  STATES.

        (a) Eligibility for Reimbursement.--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
    reimburse a member of the uniformed services on duty as described in
    subsection (a) 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 provided to a member under paragraph (1) is
    in addition to a per diem payable to that member under subsection
    (a).''.
        (b) Use of Defined Term Continental United States.--(1) Subsection
    (a) of such section is amended by striking ``outside of the United
    States or in Hawaii or Alaska'' and inserting ``outside of the
    continental United States''.
        (2) The heading of such section is amended to read as follows:

    ``Sec. 405. Travel and transportation allowances: per diem while on
                duty outside the continental United States''.

        (3) The table of sections at the beginning of chapter 7 of such
    title is amended by striking the item relating to section 405 and
    inserting the following new item:

    ``405. Travel and transportation allowances: per diem while on duty
              outside the continental United States.''.

    SEC. 606. AUTHORITY FOR CERTAIN MEMBERS DEPLOYED IN COMBAT ZONES TO
                  RECEIVE LIMITED ADVANCES ON FUTURE BASIC PAY.

        (a) Advancement of Basic Pay.--Chapter 3 of title 37, United States
    Code, is amended by adding at the end the following new section:

    ``Sec. 212. Advancement of basic pay: members deployed in combat zone
                for more than one year

        ``(a) Eligibility; Amount Advanced.--If a member of the armed
    forces is assigned to duty in an area for which special pay under
    section 310 of this title is available and the assignment is pursuant
    to orders specifying an assignment of one year or more (or the
    assignment is extended beyond one year), the member may request, during
    the period of the assignment, the advanced payment of not more than
    three months of the basic pay of the member.
        ``(b) Consideration of Request.--A request by a member described in
    subsection (a) for the advanced payment of a single month of basic pay
    shall be granted. The Secretary concerned may grant a member's request
    for a second or third month of advanced basic pay during the assignment
    upon a showing of financial hardship.
        ``(c) Recoupment of Advanced Pay.--The Secretary concerned shall
    recoup an advance made on the basic pay of a member under this section
    in equal installments over a one-year period beginning as provided in
    subsection (d). If the member is serving on active duty for any month
    during the recoupment period, the amount of the installment for the
    month shall be deducted from the basic pay of the member for that
    month. The estate of a deceased member shall not be required to repay
    any portion of the advanced pay paid to the member and not repaid
    before the death of the member.
        ``(d) Commencement of Recoupment.--The recoupment period for an
    advancement of basic pay to a member under this section shall commence
    on the first day of the first month beginning on or after the date on
    which the member receives the advanced pay.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by adding at the end the following new item:

    ``212. Advancement of basic pay: members deployed in combat zone for
              more than one year.''.

    SEC. 607. REPEAL OF REQUIREMENT THAT MEMBERS ENTITLED TO BASIC
                  ALLOWANCE FOR SUBSISTENCE PAY SUBSISTENCE CHARGES WHILE
                  HOSPITALIZED.

        (a) Repeal.--(1) Section 1075 of title 10, United States Code, is
    repealed.
        (2) The table of sections at the beginning of chapter 55 of such
    title is amended by striking the item relating to section 1075.
        (b) Conforming Amendment Regarding Military-Civilian Health
    Services Partnership Program.--Section 1096(c) of such title is
    amended--
            (1) by inserting ``who is a dependent'' after ``covered
        beneficiary''; and
            (2) by striking ``shall pay'' and all that follows through the
        period at the end of paragraph (2) and inserting ``shall pay the
        charges prescribed by section 1078 of this title.''.

               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''.
        (g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such
    title is amended by striking ``the date of the enactment of the Floyd
    D. Spence National Defense Authorization Act for Fiscal Year 2001 and
    ending on September 30, 2004'' and inserting ``October 30, 2000, and
    ending on 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. AUTHORITY TO PROVIDE HAZARDOUS DUTY INCENTIVE PAY TO MILITARY
                  FIREFIGHTERS.

        Section 301 of title 37, United States Code, is amended--
            (1) in subsection (d), by inserting ``(1)'' after ``(d)'';
            (2) by redesignating subsection (e) as paragraph (2) of
        subsection (d); and
            (3) by inserting after subsection (d) the following new
        subsection (e):
        ``(e) A member of a uniformed service who is entitled to basic pay
    may be paid incentive pay under this subsection, at a monthly rate not
    to exceed $150, for any month during which the member performs duty
    involving regular participation as a firefighting crew member, as
    determined by the Secretary concerned.''.

    SEC. 616. 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.--The amendment made by subsection (a) shall
    apply with respect to agreements entered into under section 302d of
    title 37, United States Code, on or after the date of the enactment of
    this Act.

    SEC. 617. ASSIGNMENT INCENTIVE PAY.

        (a) Discretionary Written Agreements.--Subsection (b) of section
    307a of title 37, United States Code, is amended to read as follows:
        ``(b) Written Agreement.--The Secretary concerned may require a
    member performing service in an assignment designated under subsection
    (a) to enter into a written agreement with the Secretary in order to
    qualify for incentive pay under this section. The written agreement
    shall specify the period for which the incentive pay will be paid to
    the member and, subject to subsection (c), the monthly rate of the
    incentive pay.''.
        (b) Discontinuation Upon Commencement of Terminal Leave.--
    Subsection (e) of such section is amended by striking ``by reason of''
    and all that follows through the period at the end and inserting ``by
    reason of--
            ``(1) temporary duty performed by the member pursuant to
        orders; or
            ``(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.''.
        (c) Effective Date.--Paragraph (2) of section 307a(e) of title 37,
    United States Code, as added by subsection (b), shall apply with
    respect to authorized leave occurring on or after the date of the
    enactment of this Act.

    SEC. 618. MODIFICATION OF ACTIVE AND RESERVE COMPONENT REENLISTMENT AND
                  ENLISTMENT BONUS AUTHORITIES.

        (a) Active-Duty Reenlistment Bonus.--(1) Paragraph (1) of
    subsection (a) of section 308 of title 37, United States Code, is
    amended--
            (A) in the matter preceding subparagraph (A), by striking ``A
        member'' and inserting ``The Secretary concerned may pay a bonus
        under paragraph (2) to a member'';
            (B) in subparagraph (A), by striking ``fourteen years'' and
        inserting ``16 years'';
            (C) in subparagraph (D), by striking the semicolon at the end
        and inserting a period; and
            (D) by striking ``may be paid a bonus as provided in paragraph
        (2).''.
        (2) Paragraph (3) of such subsection is amended by striking ``16
    years'' and inserting ``18 years''.
        (b) Selected Reserve Reenlistment Bonus.--(1) Subsection (a) of
    section 308b of title 37, United States Code, is amended--
            (A) in the matter preceding paragraph (1), by striking ``An
        enlisted member'' and inserting ``The Secretary concerned may pay a
        bonus under subsection (b) to an enlisted member'';
            (B) in paragraph (1), by striking ``less than 14 years'' and
        inserting ``not more than 16 years'';
            (C) in paragraph (2), by striking the semicolon at the end and
        inserting a period; and
            (D) by striking ``may be paid a bonus as provided in subsection
        (b).''.
        (2) Subsection (b)(1) of such section is amended--
            (A) in subparagraph (A), by striking ``$5,000'' and inserting
        ``$15,000'';
            (B) in subparagraph (B), by striking ``$2,500'' and inserting
        ``$7,500''; and
            (C) in subparagraph (C), by striking ``$2,000'' and inserting
        ``$6,000''.
        (3) Paragraph (2) of subsection (b) of such section is amended to
    read as follows:
        ``(2) Bonus payments authorized under this section may be paid in
    either a lump sum or in installments. If the bonus is paid in
    installments, the initial payment shall be not less than 50 percent of
    the total bonus amount. The Secretary concerned shall prescribe the
    amount of each subsequent installment payment and the schedule for
    making the installment payments.''.
        (4) Subsection (c) of such section is amended--
            (A) in the subsection heading, by striking ``; Limitation on
        Number of Bonuses''; and
            (B) by striking paragraph (2) and redesignating paragraph (3)
        as paragraph (2).
        (c) Selected Reserve Enlistment Bonus.--(1) Subsection (b) of
    section 308c of title 37, United States Code, is amended by striking
    ``$8,000'' and inserting ``$10,000''.
        (2) Subsection (f) of such section is amended to read as follows:
        ``(f) A member entitled to a bonus under this section who is called
    or ordered to active duty shall be paid, during that period of active
    duty, any amount of the bonus that becomes payable to the member during
    that period of active duty.''.
        (d) Ready Reserve Enlistment Bonus for Persons Without Prior
    Service.--Section 308g(b) of title 37, United States Code, is amended--
            (1) by striking ``$1,000'' and inserting ``$3,000''; and
            (2) by adding at the end the following new sentence: ``A person
        entitled to a bonus under this section who is called or ordered to
        active duty shall be paid, during that period of active duty, any
        amount of the bonus that becomes payable to the member during that
        period of active duty.''.
        (e) Prior Service Ready Reserve Bonus.--Section 308h(b) of title
    37, United States Code, is amended--
            (1) in paragraph (2)(A), by striking ``$1,500'' and inserting
        ``$3,000'';
            (2) in paragraph (2)(B), by striking ``$750'' and inserting
        ``$1,500''; and
            (3) by adding at the end the following new paragraph:
        ``(4) A person entitled to a bonus under this section who is called
    or ordered to active duty shall be paid, during that period of active
    duty, any amount of the bonus that becomes payable to the member during
    that period of active duty.''.
        (f) Prior Service Enlistment Bonus for Selected Reserve.--(1)
    Subsection (a)(2)(A) of section 308i of title 37, United States Code,
    is amended by striking ``less than 14 years'' and inserting ``not more
    than 16 years''.
        (2) Paragraph (1) of subsection (b) of such section is amended--
            (A) in subparagraph (A), by striking ``$8,000'' and inserting
        ``$15,000'';
            (B) in subparagraph (B), by striking ``$4,000'' and inserting
        ``$7,500''; and
            (C) in subparagraph (C), by striking ``$3,500'' and inserting
        ``$6,000''.
        (3) Such subsection is further amended by adding at the end the
    following new paragraph:
        ``(3) A person entitled to a bonus under this section who is called
    or ordered to active duty shall be paid, during that period of active
    duty, any amount of the bonus that becomes payable to the member during
    that period of active duty.''.
        (g) Effective Date.--The amendment made by subsection (a)(2) shall
    apply only with respect to the computation of a bonus under section
    308(a)(2)(A) of title 37, United States Code, made on or after the date
    of the enactment of this Act.

    SEC. 619. BONUS FOR CERTAIN INITIAL SERVICE OF 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 officers
                in the Selected Reserve

        ``(a) Affiliation Bonus.--(1) The Secretary concerned may pay an
    affiliation bonus under this section to an eligible 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) An 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 an 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.--(1) 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.
        ``(2) A person entitled to a bonus under this section who is called
    or ordered to active duty shall be paid, during that period of active
    duty, any amount of the bonus that becomes payable to the member during
    that period of active duty.
        ``(f) Relation to Other Accession Bonus Authority.--A person may
    not 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 or an appointment 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 inserting after the item relating to section
    308i the following new item:

    ``308j. Special pay: bonus for certain initial service of officers in
              the Selected Reserve.''.

    SEC. 620. REVISION OF AUTHORITY TO PROVIDE FOREIGN LANGUAGE PROFICIENCY
                  PAY.

        (a) In General.--(1) Section 316 of title 37, United States Code,
    is amended to read as follows:

    ``Sec. 316. Special pay and bonus for members with foreign language
                proficiency

        ``(a) Availability of Special Pay.--Subject to subsection (c), the
    Secretary concerned may pay monthly special pay under this section to a
    member of the uniformed services who is entitled to basic pay under
    section 204 of this title and who--
            ``(1) is qualified in a uniformed services specialty requiring
        proficiency in a foreign language identified by the Secretary
        concerned as a foreign language in which it is necessary to have
        personnel proficient because of national defense or public health
        considerations;
            ``(2) received training, under regulations prescribed by the
        Secretary concerned, designed to develop a proficiency in such a
        foreign language;
            ``(3) is assigned to duties requiring a proficiency in such a
        foreign language; or
            ``(4) is proficient in a foreign language for which the
        uniformed service may have a critical need, as determined by the
        Secretary concerned.
        ``(b) Availability of Bonus.--Subject to subsection (c), the
    Secretary concerned may pay an annual bonus under this section to a
    member of a reserve component who satisfies the eligibility
    requirements specified in paragraph (1), (2), (3), or (4) of subsection
    (a).
        ``(c) Certification of Proficiency.--To be eligible to receive
    special pay or a bonus under this section, a member described in
    subsection (a) or (b) must be certified by the Secretary concerned as
    being proficient in the foreign language for which the special pay or
    bonus is offered. The certification of the member shall expire at the
    end of the one-year period beginning on the first day of the first
    month beginning on or after the certification date.
        ``(d) Special Pay and Bonus Amounts.--(1) The monthly rate for
    special pay paid under subsection (a) may not exceed $1,000.
        ``(2) The maximum amount of the bonus paid to a member under
    subsection (b) may not exceed $6,000 for the one-year period covered by
    the certification of the member. The Secretary concerned may pay the
    bonus in a single lump sum at the beginning of the certification period
    or in installments during the certification period.
        ``(e) Relationship to Other Pay or Allowance.--(1) Except as
    provided in paragraph (2), special pay or a bonus paid under this
    section is in addition to any other pay or allowance payable to a
    member under any other provision of law.
        ``(2) If a member of a reserve component serving on active duty
    receives special pay under subsection (a) for any month occurring
    during a certification period in which the member received, or is
    receiving, a bonus under subsection (b), the amount of the special pay
    paid to the member for the month shall be reduced by an amount equal to
    \1/12\ of the bonus amount.
        ``(f) Certification Interrupted by Contingency Operation.--(1)
    Notwithstanding subsection (c), the Secretary concerned may waive the
    certification requirement under such subsection and pay monthly special
    pay or a bonus under this section to a member who--
            ``(A) is assigned to duty in connection with a contingency
        operation;
            ``(B) is unable to schedule or complete the certification
        required by subsection (c) because of that assignment; and
            ``(C) except for the lack of such certification, satisfies the
        eligibility requirements for receipt of special pay under
        subsection (a) or a bonus under subsection (b), whichever applies
        to the member.
        ``(2) For purposes of providing an annual bonus to a member under
    the authority of this subsection, the Secretary concerned may treat the
    date on which the member was assigned to duty in connection with the
    contingency operation as equivalent to a certification date. In the
    case of a member whose certification will expire during such a duty
    assignment, the Secretary shall commence the next one-year
    certification period on the date on which the prior certification
    period expires.
        ``(3) A member who is paid special pay or a bonus under the
    authority of this subsection shall complete the certification required
    by subsection (c) for the foreign language for which the special pay or
    bonus was paid not later than the end of the 180-day period beginning
    on the date on which the member is released from the assignment in
    connection with the contingency operation. The Secretary concerned may
    extend that period for a member in accordance with regulations
    prescribed under subsection (h).
        ``(4) If a member fails to obtain the required certification under
    subsection (c) before the end of the period provided under paragraph
    (3), the Secretary concerned may require the member to repay all or a
    portion of the bonus in the manner provided in subsection (g).
        ``(g) Repayment of Bonus.--(1) The Secretary concerned may require
    a member who receives a bonus under this section, but who does not
    satisfy an eligibility requirement specified in paragraph (1), (2),
    (3), or (4) of subsection (a) for the entire certification period, to
    repay to the United States an amount which bears the same ratio to the
    total amount of the bonus paid to the member as the unsatisfied portion
    of the certification period bears to the entire certification period.
        ``(2) An obligation to repay the United States imposed under
    paragraph (1) or subsection (f)(4) is for all purposes a debt owed to
    the United States. A discharge in bankruptcy under title 11 that is
    entered for the member less than five years after the expiration of the
    certification period does not discharge the member from a debt arising
    under this paragraph. This paragraph applies to any case commenced
    under title 11 after the date of the enactment of this section.
        ``(h) Regulations.--This section shall be administered under
    regulations prescribed by the Secretary of Defense for the armed forces
    under the jurisdiction of the Secretary, by the Secretary of Homeland
    Security for the Coast Guard when the Coast Guard is not operating as a
    service in the Navy, by the Secretary of Health and Human Services for
    the Commissioned Corps of the Public Health Service, and by the
    Secretary of Commerce for the National Oceanic and Atmospheric
    Administration.''.
        (2) The table of sections at the beginning of chapter 5 of such
    title is amended by striking the item relating to section 316 and
    inserting the following new item:

    ``316. Special pay and bonus for members with foreign language
              proficiency.''.

        (b) Conforming Amendments.--(1) Section 316a of title 37, United
    States Code, is repealed.
        (2) The table of sections at the beginning of chapter 5 of such
    title is amended by striking the item relating to section 316a.

    SEC. 621. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY FOR CRITICAL
                  SKILLS RETENTION BONUS WHILE SERVING ON INDEFINITE
                  REENLISTMENT.

        Section 323(a) of title 37, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) in paragraph (2)--
                (A) by inserting ``other than an enlisted member referred
            to in paragraph (3),'' after ``enlisted member,''; and
                (B) by striking the period at the end and inserting ``;
            or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) in the case of an enlisted member serving pursuant to an
        indefinite reenlistment, the member executes a written agreement to
        remain on active duty for a period of at least one year.''.

    SEC. 622. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR INCENTIVE BONUS
                  FOR CONVERSION TO MILITARY OCCUPATIONAL SPECIALTY TO EASE
                  PERSONNEL SHORTAGE.

        (a) Eligibility.--Section 326 of title 37, United States Code, is
    amended--
            (1) in subsection (a), by inserting ``of a regular or reserve
        component'' after ``an eligible member'';
            (2) in subsection (b)--
                (A) by striking ``if--'' and all that follows through ``at
            the time'' and inserting ``if, at the time''; and
                (B) by redesignating subparagraphs (A) and (B) as
            paragraphs (1) and (2), respectively; and
            (3) in subsection (c)(2), by inserting ``regular or reserve
        component of the'' after ``chief personnel officer of the''.
        (b) Amount of Bonus.--Subsection (c)(1) of such section is amended
    by inserting before the period at the end the following: ``, in the
    case of a member of a regular component of the armed forces, and
    $2,000, in the case of a member of a reserve component of the armed
    forces''.

    SEC. 623. PERMANENT INCREASE IN AUTHORIZED AMOUNTS FOR IMMINENT DANGER
                  SPECIAL PAY AND FAMILY SEPARATION ALLOWANCE.

        (a) Imminent Danger Pay.--(1) Subsection (e) of section 310 of
    title 37, United States Code, is amended by striking ``December 31,
    2004'' and inserting ``December 31, 2005''.
        (2) Effective January 1, 2006, such section is further amended--
            (A) in subsection (a), by striking ``$150'' and inserting
        ``$225''; and
            (B) by striking subsection (e).
        (b) Family Separation Allowance.--(1) Subsection (e) of section 427
    of such title is amended by striking ``December 31, 2004'' and
    inserting ``December 31, 2005''.
        (2) Effective January 1, 2006, such section is further amended--
            (A) in subsection (a)(1), by striking ``$100'' and inserting
        ``$250''; and
            (B) by striking subsection (e).

                Subtitle C--Travel and Transportation Allowances

    SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO
                  ATTEND BURIAL CEREMONY OR MEMORIAL SERVICE OF MEMBER WHO
                  DIES ON DUTY.

        (a) Authorized Travel Destinations.--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) of section 1482 of title 10 or attend a memorial
    service for the deceased member, under circumstances covered by
    subsection (d) of such section''.
        (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. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO SERIOUS ILLNESS
                  OR INJURY OF MEMBERS OF THE UNIFORMED SERVICES.

        (a) Removal of Limitation on Number of Family Members.--Subsection
    (a)(1) of section 411h of title 37, United States Code, is amended--
            (1) by striking ``two family members'' and inserting ``three
        family members''; and
            (2) by adding at the end the following new sentence: ``In
        circumstances determined to be appropriate by the Secretary
        concerned, the Secretary may waive the limitation on the number of
        family members provided travel and transportation under this
        section.''.
        (b) Availability of Per Diem.--Such section is further amended--
            (1) in subsection (a)(1), by inserting ``travel and'' before
        ``transportation''; and
            (2) in subsection (c)--
                (A) by inserting ``(1)'' after ``(c)''; and
                (B) by adding at the end the following new paragraph:
        ``(2) In addition to the transportation authorized by subsection
    (a), the Secretary concerned may provide a per diem allowance or
    reimbursement for the actual and necessary expenses of the travel, or a
    combination thereof, but not to exceed the rates established under
    section 404(d) of this title.''.
        (c) Effective Date.--Section 411h of title 37, United States Code,
    as amended by this section, shall apply to travel and transportation
    authorized under such section that is provided on or after October 1,
    2004, to family members of a member of the Armed Forces who is ill or
    injured as described in such section.

    SEC. 633. REIMBURSEMENT FOR CERTAIN LODGING COSTS INCURRED IN
                  CONNECTION WITH DEPENDENT STUDENT TRAVEL.

        Section 430(b) of title 37, United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs (3)
        and (4), respectively; and
            (2) by inserting after paragraph (1) the following new
        paragraph (2):
        ``(2) The allowance authorized under paragraph (1) for the travel
    of an eligible dependent may include reimbursement for costs incurred
    by or on behalf of 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 the reimbursement shall be determined using the rate
    applicable to such circumstances.''.

                 Subtitle D--Retired Pay and Survivor Benefits

    SEC. 641. COMPUTATION OF HIGH-36 MONTH AVERAGE FOR RESERVE COMPONENT
                  MEMBERS RETIRED FOR DISABILITY WHILE ON ACTIVE DUTY OR
                  DYING WHILE ON ACTIVE DUTY.

        (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 case
        of a member of a reserve component who is entitled to retired pay
        under section 1201 or 1202 of this title, the member's high-three
        average (notwithstanding paragraphs (1) and (2)) is computed in the
        same manner as prescribed in paragraphs (2) and (3) of subsection
        (d) for a member entitled to retired pay under section 1204 or 1205
        of this title.''.
        (b) Effective Date.--Paragraph (3) of section 1407(c) of title 10,
    United States Code, as added by subsection (a), shall take effect--
            (1) for purposes of determining an annuity under subchapter II
        or III of chapter 73 of that title, with respect to deaths on
        active duty on or after September 10, 2001; and
            (2) for purposes of determining the amount of retired pay of a
        member of a reserve component entitled to retired pay under section
        1201 or 1202 of such title, with respect to such entitlement that
        becomes effective on or after the date of the enactment of this
        Act.

    SEC. 642. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED PAY AND
                  VETERANS' DISABILITY COMPENSATION FOR MILITARY RETIREES
                  WITH SERVICE-CONNECTED DISABILITIES RATED AS 100 PERCENT.

        (a) Termination of Phase-In at End of 2004.--Subsection (a)(1) of
    section 1414 of title 10, United States Code, is amended by inserting
    before the period at the end the following: ``, except that in the case
    of a qualified retiree receiving veterans' disability compensation for
    a disability rated as 100 percent, payment of retired pay to such
    veteran is subject to subsection (c) only during the period beginning
    on January 1, 2004, and ending on December 31, 2004''.
        (b) Conforming Amendment.--Subsection (c) of such section is
    amended in the matter preceding paragraph (1) by inserting ``that
    pursuant to the second sentence of subsection (a)(1) is subject to this
    subsection'' after ``a qualified retiree''.

    SEC. 643. DEATH BENEFITS ENHANCEMENT.

        (a) Actions on Fiscal Year 2004 Death Benefits Study.--(1) The
    Secretary of Defense shall expedite the completion and submission of
    the report, which was due on March 1, 2004, of the results of the study
    of the Federal death benefits for survivors of deceased members of the
    Armed Forces required by section 647(b) of the National Defense
    Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
    1520).
        (2) The President should promptly transmit to Congress any
    recommendation for legislation, together with a request for
    appropriations, that the President determines necessary to implement
    any death benefits enhancements that are recommended in the report
    referred to in paragraph(1).
        (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 title 37 are increased under section 1009 of that title
    or any other provision of law, the amount of the death gratuity in
    effect 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
    transmits to Congress the budget for fiscal year 2006 under section
    1105(a) of title 31, United States Code, the President shall transmit
    to Congress assessments and recommendations regarding legislation on
    proposals that would provide enhanced death benefits for survivors of
    deceased members of the uniformed services. Those assessments and
    recommendations regarding legislation shall include provisions for the
    following:
            (1) Revision of the Servicemembers' Group Life Insurance
        program under chapter 19 of title 38, United States Code, to
        provide for--
                (A) an increase in the maximum benefit amount provided
            under that program from $250,000 to $350,000;
                (B) an increase, each fiscal year, in that maximum benefit
            amount 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
                (C) a minimum benefit amount 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 (B).
            (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 as 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
    assessments and recommendations required under subsection (c).
        (e) Fiscal Year 2006 Budget Submission.--The budget for fiscal year
    2006 that is transmitted to Congress under section 1105(a) of title 31,
    United States Code, shall include assessments and recommendations on
    legislation (other than draft appropriations) that includes provisions
    that, on the basis of the assumption that any draft legislation
    transmitted 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 any draft legislation
        transmitted under subsection (c), for fiscal year 2006 and each of
        the succeeding 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 transmit any 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.

    SEC. 644. PHASED ELIMINATION OF TWO-TIER ANNUITY COMPUTATION FOR
                  SURVIVING SPOUSES UNDER SURVIVOR BENEFIT PLAN.

        (a) Phased Increase in Basic Annuity.--
            (1) Standard annuity.--
                (A) Increase to 55 percent.--Clause (i) of subsection
            (a)(1)(B) 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 to the month, as follows:
                    ``(I) For a month before October 2005, the applicable
                percent is 35 percent.
                    ``(II) For months after September 2005 and before April
                2006, the applicable percent is 40 percent.
                    ``(III) For months after March 2006 and before April
                2007, the applicable percent is 45 percent.
                    ``(IV) For months after March 2007 and before April
                2008, the applicable percent is 50 percent.
                    ``(V) For months after March 2008, the applicable
                percent is 55 percent.''.
                (B) Coordination with savings provision under prior law.--
            Clause (ii) of such subsection is amended by striking ``, at
            the time the beneficiary becomes entitled to the annuity,''.
            (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 subsection (a)(1)(B)(i) as being
        applicable for the month''.
            (3) Survivors of eligible persons dying on active duty, etc.--
                (A) Increase to 55 percent.--Clause (i) of subsection
            (c)(1)(B) of such section is amended--
                    (i) by striking ``35 percent'' and inserting ``the
                applicable percent''; and
                    (ii) 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 that month.''.
                (B) Coordination with savings provision under prior law.--
            Clause (ii) of such subsection is amended by striking ``, at
            the time the beneficiary becomes entitled to the annuity,''.
            (4) Clerical amendment.--The heading for subsection (d)(2)(A)
        of such section is amended to read as follows: ``Computation of
        annuity.--''.
        (b) Corresponding Phased Elimination of Supplemental Annuity.--
            (1) Phased reduction of supplemental annuity.--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 before
            October 2005, 15 percent for months after September 2005 and
            before April 2006, 10 percent for months after March 2006 and
            before April 2007, and 5 percent for months after March 2007
            and before April 2008.''.
            (2) Repeal upon implementation of 55 percent sbp annuity.--
        Effective on April 1, 2008, 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) Periodic recomputation required.--Effective on the first
        day of each month specified 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) Time for recomputation.--The requirement under paragraph
        (1) for recomputation of certain annuities applies with respect to
        the following months:
                (A) October 2005.
                (B) April 2006.
                (C) April 2007.
                (D) April 2008.
        (d) Termination of Retired Pay Reductions for Supplemental Survivor
    Annuities.--(1) Except as provided in paragraph (2), there shall be no
    reduction in retired pay under section 1460 of title 10, United States
    Code, for any month beginning after the date of the enactment of this
    Act.
        (2) Reductions in retired pay under section 1460 of title 10,
    United States Code, shall be made for months after September 2005 in
    the case of coverage under subchapter III of chapter 73 of title 10,
    United States Code, that is provided (for new coverage or increased
    coverage) through an election under the open season provided by section
    645. 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 reductions in
    retired pay under section 1460 of title 10, United States Code,
    pursuant to the preceding sentence are adjusted to achieve the
    objectives set forth in subsection (b) of that section.

    SEC. 645. ONE-YEAR 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 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.
            (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.
            (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 is 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) Premium for Open Enrollment Election.--
            (1) Premiums to be charged.--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--
                (A) 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;
                (B) 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
                (C) 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.
            (2) Premiums to be credited to retirement fund.--Premiums paid
        under the regulations under paragraph (1) shall be credited to the
        Department of Defense Military Retirement Fund.
        (h) Definitions.--In this section:
            (1) The term ``Survivor Benefit Plan'' means the program
        established under subchapter II of chapter 73 of title 10, United
        States Code.
            (2) The term ``Supplemental Survivor Benefit Plan'' means the
        program established under subchapter III of chapter 73 of title 10,
        United States Code.
            (3) The term ``retired pay'' includes retainer pay paid under
        section 6330 of title 10, United States Code.
            (4) The terms ``uniformed services'' and ``Secretary
        concerned'' have the meanings given those terms in section 101 of
        title 37, United States Code.
            (5) 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--Commissary and Nonappropriated Fund Instrumentality
                                    Benefits

    SEC. 651. CONSOLIDATION AND REORGANIZATION OF LEGISLATIVE PROVISIONS
                  REGARDING DEFENSE COMMISSARY SYSTEM AND EXCHANGES AND
                  OTHER MORALE, WELFARE, AND RECREATION ACTIVITIES.

        (a) Provisions Related to Commissary Stores.--Chapter 147 of title
    10, United States Code, is amended--
            (1) by striking the table of sections at the beginning of the
        chapter and sections 2481, 2483, 2485, and 2487;
            (2) by redesignating sections 2482, 2484, and 2486 as sections
        2485, 2483 and 2484, respectively;
            (3) by inserting after the chapter heading the following:

    ``Subchapter
                                                                        Sec.
    ``I. Defense Commissary and Exchange Systems......................  2481

    ``II. Relationship, Continuation, and Common Policies of Defense
    Commissary and Exchange Systems...................................  2487

    ``III. Morale, Welfare, and Recreation Programs and
    Nonappropriated Fund Instrumentalities............................  2491

            ``SUBCHAPTER I--DEFENSE COMMISSARY AND EXCHANGE SYSTEMS

    ``Sec.
    ``2481. Defense commissary and exchange systems: existence and purpose
    ``2482. Commissary stores: criteria for establishment or closure; store
              size.
    ``2483. Commissary stores: use of appropriated funds to cover operating
              expenses.
    ``2484. Commissary stores: merchandise that may be sold; uniform
              surcharges and pricing.
    ``2485. Commissary stores: operation.

    ``Sec. 2481. Defense commissary and exchange systems: existence and
                purpose

        ``(a) Separate Systems.--The Secretary of Defense shall operate, in
    the manner provided by this chapter and other provisions of law, a
    world-wide system of commissary stores and a separate world-wide system
    of exchange stores. The stores of each system may sell, at reduced
    prices, food and other merchandise to members of the uniformed services
    on active duty, members of the uniformed services entitled to retired
    pay, dependents of such members, and persons authorized to use the
    system under chapter 54 of this title.
        ``(b) Purpose of Systems.--The defense commissary system and the
    exchange system are intended to enhance the quality of life of members
    of the uniformed services, retired members, and dependents of such
    members, and to support military readiness, recruitment, and retention.
        ``(c) Oversight.--(1) The Secretary of Defense shall designate a
    senior official of the Department of Defense to oversee the operation
    of both the defense commissary system and the exchange system.
        ``(2) The Secretary of Defense shall establish an executive
    governing body to provide advice to the senior official designated
    under paragraph (1) regarding the operation of the defense commissary
    and exchange systems and to ensure the complementary operation of the
    systems.
        ``(d) Reduced Prices Defined.--In this section, the term `reduced
    prices' means prices for food and other merchandise determined using
    the price setting process specified in section 2484 of this title.

    ``Sec. 2482. Commissary stores: criteria for establishment or closure;
                store size

        ``(a) Primary Consideration for Establishment.--The needs of
    members of the armed forces on active duty and the needs of dependents
    of such members shall be the primary consideration whenever the
    Secretary of Defense--
            ``(1) assesses the need to establish a commissary store; and
            ``(2) selects the actual location for the store.
        ``(b) Store Size.--In determining the size of a commissary store,
    the Secretary of Defense shall take into consideration the number of
    all authorized patrons of the defense commissary system who are likely
    to use the store.
        ``(c) Closure Considerations.--(1) Whenever assessing whether to
    close a commissary store, the effect of the closure on the quality of
    life of members and dependents referred to in subsection (a) who use
    the store and on the welfare and security of the military community in
    which the commissary is located shall be a primary consideration.
        ``(2) Whenever assessing whether to close a commissary store, the
    Secretary of Defense shall also consider the effect of the closure on
    the quality of life of members of the reserve components of the armed
    forces.
        ``(d) Congressional Notification.--(1) The closure of a commissary
    store shall not take effect until the end of the 90-day period
    beginning on the date on which the Secretary of Defense submits to
    Congress written notice of the reasons supporting the closure. The
    written notice shall include an assessment of the impact closure will
    have on the quality of life for military patrons and the welfare and
    security of the military community in which the commissary is located.
        ``(2) Paragraph (1) shall not apply in the case of the closure of a
    commissary store as part of the closure of a military installation
    under a base closure law.'';
            (4) by inserting sections 2483 and 2484, as redesignated by
        paragraph (2), after section 2482, as added by paragraph (3);
            (5) in section 2484, as redesignated by paragraph (2)--
                (A) by striking subsections (a), (b), (c), and (g);
                (B) by redesignating subsections (d), (e), and (f) as
            subsections (e), (f), and (g), respectively;
                (C) by inserting before subsection (f), as so redesignated,
            the following new subsections:
        ``(a) In General.--As provided in section 2481(a) of this title,
    commissary stores are intended to be similar to commercial grocery
    stores and may sell merchandise similar to that sold in commercial
    grocery stores.
        ``(b) Authorized Commissary Merchandise Categories.--Merchandise
    sold in, at, or by commissary stores may include items in the following
    categories:
            ``(1) Meat, poultry, seafood, and fresh-water fish.
            ``(2) Nonalcoholic beverages.
            ``(3) Produce.
            ``(4) Grocery food, whether stored chilled, frozen, or at room
        temperature.
            ``(5) Dairy products.
            ``(6) Bakery and delicatessen items.
            ``(7) Nonfood grocery items.
            ``(8) Tobacco products.
            ``(9) Health and beauty aids.
            ``(10) Magazines and periodicals.
        ``(c) Inclusion of Other Merchandise Items.--(1) The Secretary of
    Defense may authorize the sale in, at, or by commissary stores of
    merchandise not covered by a category specified in subsection (b). The
    Secretary shall notify Congress of all merchandise authorized for sale
    pursuant to this paragraph, as well as the removal of any such
    authorization.
        ``(2) Notwithstanding paragraph (1), the Department of Defense
    military resale system shall continue to maintain the exclusive right
    to operate convenience stores, shopettes, and troop stores, including
    such stores established to support contingency operations.
        ``(3) A military exchange shall be the vendor for the sale of
    tobacco products in commissary stores and may be the vendor for such
    merchandise as may be authorized for sale in commissary stores under
    paragraph (1). Subsections (d) and (e) shall not apply to the pricing
    of such an item when a military exchange serves as the vendor of the
    item. Commissary store and exchange prices shall be comparable for such
    an item.
        ``(d) Uniform Sales Price Surcharge.--The Secretary of Defense
    shall apply a uniform surcharge equal to five percent on the sales
    prices established under subsection (e) for each item of merchandise
    sold in, at, or by commissary stores.'';
                (D) in subsection (e), as so redesignated, by striking
            ``(consistent with this section and section 2685 of this
            title)'' in paragraph (1);
                (E) in subsection (g), as so redesignated, by striking
            ``Subsections (c) and (d)'' and inserting ``Subsections (d) and
            (e)''; and
                (F) by adding at the end the following new subsection:
        ``(h) Use of Surcharge for Construction, Repair, Improvement, and
    Maintenance.--(1)(A) The Secretary of Defense may use the proceeds from
    the surcharges imposed under subsection (d) only--
            ``(i) to acquire (including acquisition by lease), construct,
        convert, expand, improve, repair, maintain, and equip the physical
        infrastructure of commissary stores and central product processing
        facilities of the defense commissary system; and
            ``(ii) to cover environmental evaluation and construction costs
        related to activities described in clause (i), including costs for
        surveys, administration, overhead, planning, and design.
        ``(B) In subparagraph (A), the term `physical infrastructure'
    includes real property, utilities, and equipment (installed and free
    standing and including computer equipment), necessary to provide a
    complete and usable commissary store or central product processing
    facility.
        ``(2)(A) The Secretary of Defense may authorize a nonappropriated
    fund instrumentality of the United States to enter into a contract for
    construction of a shopping mall or similar facility for a commissary
    store and one or more nonappropriated fund instrumentality activities.
    The Secretary may use the proceeds of surcharges under subsection (d)
    to reimburse the nonappropriated fund instrumentality for the portion
    of the cost of the contract that is attributable to construction of the
    commissary store or to pay the contractor directly for that portion of
    such cost.
        ``(B) In subparagraph (A), the term `construction', with respect to
    a facility, includes acquisition, conversion, expansion, installation,
    or other improvement of the facility.
        ``(3) The Secretary of Defense, with the approval of the Director
    of the Office of Management and Budget, may obligate anticipated
    proceeds from the surcharges under subsection (d) for any use specified
    in paragraph (1) or (2), without regard to fiscal year limitations, if
    the Secretary determines that such obligation is necessary to carry out
    any use of such adjustments or surcharges specified in such paragraph.
        ``(4) Revenues received by the Secretary of Defense from the
    following sources or activities of commissary store facilities shall be
    available for the purposes set forth in paragraphs (1), (2), and (3):
            ``(A) Sale of recyclable materials.
            ``(B) Sale of excess and surplus property.
            ``(C) License fees.
            ``(D) Royalties.
            ``(E) Fees paid by sources of products in order to obtain
        favorable display of the products for resale, known as business
        related management fees.'';
            (6) by inserting section 2485, as redesignated by paragraph
        (2), after section 2484, as amended by paragraph (5); and
            (7) in section 2485, as redesignated by paragraph (2)--
                (A) in subsection (b)(2), by striking ``section 2484'' and
            inserting ``section 2483'';
                (B) in subsection (c)(2), by adding at the end the
            following new sentences: ``The chairman of the governing board
            shall be a commissioned officer or member of the senior
            executive service who has demonstrated experience or knowledge
            relevant to the management of the defense commissary system. In
            selecting other members of the governing board, the Secretary
            shall give priority to persons with experience related to
            logistics, military personnel, military entitlements or other
            experiences of value of management of commissaries.''; and
                (C) by adding at the end the following new subsections:
        ``(d) Assignment of Active Duty Members.--(1) Except as provided in
    paragraph (2), members of the armed forces on active duty may not be
    assigned to the operation of a commissary store.
        ``(2)(A) The Secretary of Defense may assign an officer on the
    active-duty list to serve as the Director of the Defense Commissary
    Agency.
        ``(B) Not more than 18 members (in addition to the officer referred
    to in subparagraph (A)) of the armed forces on active duty may be
    assigned to the Defense Commissary Agency. Members who may be assigned
    under this subparagraph to regional headquarters of the agency shall be
    limited to enlisted members assigned to duty as advisers in the
    regional headquarters responsible for overseas commissaries and to
    veterinary specialists.
        ``(e) Reimbursement for Use of Commissary Facilities by Military
    Departments.--(1) The Secretary of a military department shall pay the
    Defense Commissary Agency the amount determined under paragraph (2) for
    any use of a commissary facility by the military department for a
    purpose other than commissary sales or operations in support of
    commissary sales.
        ``(2) The amount payable under paragraph (1) for use of a
    commissary facility by a military department shall be equal to the
    share of depreciation of the facility that is attributable to that use,
    as determined under regulations prescribed by the Secretary of Defense.
        ``(3) The Director of the Defense Commissary Agency shall credit
    amounts paid under paragraph (1) for use of a facility to an
    appropriate account to which proceeds of a surcharge applied under
    section 2484(d) of this title are credited.
        ``(4) This subsection applies with respect to a commissary facility
    that is acquired, constructed, converted, expanded, installed, or
    otherwise improved (in whole or in part) with the proceeds of a
    surcharge applied under section 2484(d) of this title.
        ``(f) Donation of Unusable Food.--(1) The Secretary of Defense may
    donate food described in paragraph (2) to any of the following
    entities:
            ``(A) A charitable nonprofit food bank that is designated by
        the Secretary of Defense or the Secretary of Health and Human
        Services as authorized to receive such donations.
            ``(B) A State or local agency that is designated by the
        Secretary of Defense or the Secretary of Health and Human Services
        as authorized to receive such donations.
            ``(C) A chapter or other local unit of a recognized national
        veterans organization that provides services to persons without
        adequate shelter and is designated by the Secretary of Veterans
        Affairs as authorized to receive such donations.
            ``(D) A not-for-profit organization that provides care for
        homeless veterans and is designated by the Secretary of Veterans
        Affairs as authorized to receive such donations.
        ``(2) Food that may be donated under this subsection is commissary
    store food, mess food, meals ready-to-eat (MREs), rations known as
    humanitarian daily rations (HDRs), and other food available to the
    Secretary of Defense that--
            ``(A) is certified as edible by appropriate food inspection
        technicians;
            ``(B) would otherwise be destroyed as unusable; and
            ``(C) in the case of commissary store food, is unmarketable and
        unsaleable.
        ``(3) In the case of commissary store food, a donation under this
    subsection shall take place at the site of the commissary store that is
    donating the food.
        ``(4) This subsection does not authorize any service (including
    transportation) to be provided in connection with a donation under this
    subsection.
        ``(g) Collection of Dishonored Checks.--(1) The Secretary of
    Defense may impose a charge for the collection of a check accepted at a
    commissary store that is not honored by the financial institution on
    which the check is drawn. The imposition and amounts of charges shall
    be consistent with practices of commercial grocery stores regarding
    dishonored checks.
        ``(2)(A) The following persons are liable to the United States for
    the amount of a check referred to in paragraph (1) that is returned
    unpaid to the United States, together with any charge imposed under
    that paragraph:
            ``(i) The person who presented the check.
            ``(ii) Any person whose status and relationship to the person
        who presented the check provide the basis for that person's
        eligibility to make purchases at a commissary store.
        ``(B) Any amount for which a person is liable under subparagraph
    (A) may be collected by deducting and withholding such amount from any
    amounts payable to that person by the United States.
        ``(3) Amounts collected as charges imposed under paragraph (1)
    shall be credited to the commissary trust revolving fund.
        ``(4) Appropriated funds may be used to pay any costs incurred in
    the collection of checks and charges referred to in paragraph (1). An
    appropriation account charged a cost under the preceding sentence shall
    be reimbursed the amount of that cost out of funds in the commissary
    trust revolving fund.
        ``(5) In this subsection, the term `commissary trust revolving
    fund' means the trust revolving fund maintained by the Department of
    Defense for surcharge collections and proceeds of sales of commissary
    stores.
        ``(h) Release of Certain Commercially Valuable Information to
    Public.--(1) The Secretary of Defense may limit the release to the
    public of any information described in paragraph (2) if the Secretary
    determines that it is in the best interest of the Department of Defense
    to limit the release of such information. If the Secretary determines
    to limit the release of any such information, the Secretary may provide
    for limited release of such information in accordance with paragraph
    (3).
        ``(2) Paragraph (1) applies to the following:
            ``(A) Information contained in the computerized business
        systems of commissary stores or the Defense Commissary Agency that
        is collected through or in connection with the use of electronic
        scanners in commissary stores, including the following information:
                ``(i) Data relating to sales of goods or services.
                ``(ii) Demographic information on customers.
                ``(iii) Any other information pertaining to commissary
            transactions and operations.
            ``(B) Business programs, systems, and applications (including
        software) relating to commissary operations that were developed
        with funding derived from commissary surcharges.
        ``(3)(A) The Secretary of Defense may, using competitive
    procedures, enter into a contract to sell information described in
    paragraph (2).
        ``(B) The Secretary of Defense may release, without charge,
    information on an item sold in commissary stores to the manufacturer or
    producer of that item or an agent of the manufacturer or producer.
        ``(C) The Secretary of Defense shall establish performance
    benchmarks and shall submit information on customer satisfaction and
    performance data to the Committee on Armed Services of the Senate and
    the Committee on Armed Services of the House of Representatives.
        ``(D) The Secretary of Defense may, by contract entered into with a
    business, grant to the business a license to use business programs
    referred to in paragraph (2)(B), including software used in or
    comprising any such program. The fee charged for the license shall be
    based on the costs of similar programs developed and marketed by
    businesses in the private sector, determined by means of surveys.
        ``(E) Each contract entered into under this paragraph shall specify
    the amount to be paid for information released or a license granted
    under the contract, as the case may be.
        ``(4) Information described in paragraph (2) may not be released,
    under paragraph (3) or otherwise, in a form that identifies any
    customer or that provides information making it possible to identify
    any customer.
        ``(5) Amounts received by the Secretary under this section shall be
    credited to funds derived from commissary surcharges applied under
    section 2484(e) of this title, shall be merged with those funds, and
    shall be available for the same purposes as the funds with which
    merged.''.
        (b) Relation Between Defense Commissary and Exchange Systems.--
    Chapter 147 of title 10, United States Code, is further amended--
            (1) by inserting after section 2485, as amended by subsection
        (a)(7), the following:

      ``SUBCHAPTER II--RELATIONSHIP, CONTINUATION, AND COMMON POLICIES OF
                    DEFENSE COMMISSARY AND EXCHANGE SYSTEMS

    ``Sec.
    ``2487. Relationship between defense commissary system and exchange
              stores system.
    ``2488. Combined exchange and commissary stores.
    ``2489. Overseas commissary and exchange stores: access and purchase
              restrictions.

    ``Sec. 2487. Relationship between defense commissary system and
                exchange stores system

        ``(a) Separate Operation of Systems.--(1) Except as provided in
    paragraph (2), the defense commissary system and the exchange stores
    system shall be operated as separate systems of the Department of
    Defense.
        ``(2) Paragraph (1) does not apply to the following:
            ``(A) Combined exchange and commissary stores operated under
        the authority provided by section 2489 of this title.
            ``(B) NEXMART stores of the Navy Exchange Service Command
        established before October 1, 2003.
        ``(b) Consolidation or Other Organizational Changes of Defense
    Retail Systems.--(1) The operation and administration of the defense
    retail systems may not be consolidated or otherwise merged unless the
    consolidation or merger is specifically authorized by an Act of
    Congress.
        ``(2) In this subsection, the term `defense retail systems' means
    the defense commissary system and exchange stores system and other
    revenue-generating facilities operated by nonappropriated fund
    instrumentalities of the Department of Defense for the morale, welfare,
    and recreation of members of the armed forces.'';
            (2) by redesignating sections 2488, 2489, 2489a as sections
        2495, 2495a, and 2495b, respectively; and
            (3) by redesignating sections 2490a and 2492 as sections 2488
        and 2489, respectively, and inserting such sections after section
        2487, as added by paragraph (1).
        (c) MWR Programs and Nonappropriated Fund Instrumentalities.--
    Chapter 147 of title 10, United States Code, is further amended--
            (1) by inserting after section 2489, as redesignated and moved
        by subsection (b)(3), the following:

        ``SUBCHAPTER III--MORALE, WELFARE, AND RECREATION PROGRAMS AND
                     NONAPPROPRIATED FUND INSTRUMENTALITIES

    ``Sec.
    ``2491. Uniform funding and management of morale, welfare, and
              recreation programs.
    ``2491a. Department of Defense golf courses: limitation on use of
              appropriated funds.
    ``2491b. Use of appropriated funds for operation of Armed Forces
              Recreation Center, Europe: limitation.
    ``2491c. Retention of morale, welfare, and recreation funds by military
              installations: limitation.
    ``2492. Nonappropriated fund instrumentalities: contracts with other
              agencies and instrumentalities to provide and obtain goods and
              services.
    ``2493. Fisher Houses: administration as nonappropriated fund
              instrumentality.
    ``2494. Nonappropriated fund instrumentalities: furnishing utility
              services for morale, welfare, and recreation purposes.
    ``2495. Nonappropriated fund instrumentalities: purchase of alcoholic
              beverages.
    ``2495a. Overseas package stores: treatment of United States wines.
    ``2495b. Sale or rental of sexually explicit material prohibited.'';

            (2) by redesignating section 2494 as section 2491 and inserting
        such section after the table of sections at the beginning of
        subchapter III, as added by paragraph (1);
            (3) by redesignating section 2482a as section 2492 and
        inserting such section before section 2493;
            (4) by inserting after section 2493 the following new section:

    ``Sec. 2494. Nonappropriated fund instrumentalities: furnishing utility
                services for morale, welfare, and recreation purposes

        ``Appropriations for the Department of Defense may be used to
    provide utility services for--
            ``(1) buildings on military installations authorized by
        regulation to be used for morale, welfare, and recreation purposes;
        and
            ``(2) other morale, welfare, and recreation activities for
        members of the armed forces.''; and
            (5) by inserting sections 2495, 2495a, and 2495b, as
        redesignated by subsection (b)(2), after section 2494, as added by
        paragraph (4).
        (d) Inclusion of Other Title 10 Provisions.--Sections 2246, 2247,
    and 2219 of title 10, United States Code, are--
            (1) transferred to chapter 147 of such title;
            (2) inserted after section 2491, as redesignated and moved by
        subsection (c)(2); and
            (3) redesignated as sections 2491a, 2491b, and 2491c,
        respectively.
        (e) Conforming Amendments.--(1) Section 977 of title 10, United
    States Code, is repealed.
        (2) Section 2868 of such title is amended by striking ``for--'' and
    all that follows through the period at the end and inserting ``for
    buildings constructed at private cost, as authorized by law.''.
        (3) Section 367 of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    1987; 10 U.S.C. 2482 note) is repealed.
        (f) Clerical Amendments.--(1) The table of sections at the
    beginning of chapter 49 of title 10, United States Code, is amended by
    striking the item relating to section 977.
        (2) The table of sections at the beginning of chapter 131 of such
    title is amended by striking the item relating to section 2219.
        (3) The table of sections at the beginning of subchapter I of
    chapter 134 of such title is amended by striking the items relating to
    sections 2246 and 2247.
        (g) Test Program of Sale of Certain Items in Commissary Stores.--
    (1) The Secretary of Defense may conduct a test program involving the
    sale of telephone cards, film, and one-time use cameras in not less
    than 10 commissary stores for a period selected by the Secretary, but
    not less than six months.
        (2) Within 90 days after the completion of the first year of the
    test program or within 90 days after the completion of the test
    program, whichever occurs first, the Secretary shall submit to the
    Committee on Armed Services of the Senate and the Committee on Armed
    Services of the House of Representatives a report containing the
    results of the test program. The report shall include an analysis of
    the impact of the sale of such items on the exchange dividend and such
    recommendations as the Secretary considers appropriate regarding
    legislative changes necessary to expand the sale of such items in
    commissary stores.
        (h) Comptroller General Study.--(1) The Comptroller General shall
    conduct a study evaluating the impact that the expansion of the
    categories of merchandise authorized for sale in commissary stores has
    on the exchange dividend. The Comptroller General shall determine the
    amounts derived from exchange sales and allocated as exchange dividends
    during the five-year period ending on September 30, 2004, and the
    morale, welfare, and recreation programs supported using such
    dividends.
        (2) The Secretary shall submit the results of the study to the
    Committee on Armed Services of the Senate and the Committee on Armed
    Services of the House of Representatives not later than March 31, 2006.

    SEC. 652. CONSISTENT STATE TREATMENT OF DEPARTMENT OF DEFENSE
                  NONAPPROPRIATED FUND HEALTH BENEFITS PROGRAM.

        Section 349 of the National Defense Authorization Act for Fiscal
    Year 1995 (Public Law 103-337; 10 U.S.C. 1587 note) is amended by
    adding at the end the following new subsection:
        ``(c) Treatment of Program as Federal Health Benefit Program.--(1)
    No State tax, fee, other monetary payment, or State health plan
    requirement, may be imposed, directly or indirectly, on the
    Nonappropriated Fund Uniform Health Benefits Program of the Department
    of Defense, or on a carrier or an underwriting or plan administration
    contractor of the Program, to the same extent as such prohibition
    applies to the health insurance program authorized by chapter 89 of
    title 5, United States Code, under section 8909(f) of such title.
        ``(2) Paragraph (1) shall not be construed to exempt the
    Nonappropriated Fund Uniform Health Benefits Program of the Department
    of Defense, or any carrier or underwriting or plan administration
    contractor of the Program from the imposition, payment, or collection
    of a tax, fee, or other monetary payment on the net income or profit
    accruing to, or realized by, the Program or by such carrier or
    contractor from business conducted under the Program, so long as the
    tax, fee, or payment is applicable to a broad range of business
    activity.
        ``(3) In this subsection, the term `State' means each of the
    several States, the District of Columbia, the Commonwealth of Puerto
    Rico, the United States Virgin Islands, Guam, American Samoa, and the
    Commonwealth of the Northern Mariana Islands, and any political
    subdivision or other non-Federal authority thereof.''.

                           Subtitle F--Other Matters

    SEC. 661. 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. 662. CLARIFICATION OF EDUCATION LOANS QUALIFYING FOR EDUCATION
                  LOAN REPAYMENT PROGRAM FOR RESERVE COMPONENT HEALTH
                  PROFESSIONS OFFICERS.

        Section 16302(a)(5) of title 10, United States Code, is amended by
    inserting ``a basic professional qualifying degree (as determined under
    regulations prescribed by the Secretary of Defense) or graduate
    education in'' after ``regarding''.

    SEC. 663. RECEIPT OF PAY BY RESERVISTS 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. 664. RELIEF FOR MOBILIZED 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 new
    section:

    ``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.''.

    SEC. 665. SURVEY AND ANALYSIS OF EFFECT OF EXTENDED AND FREQUENT
                  MOBILIZATION OF RESERVISTS FOR ACTIVE DUTY SERVICE ON
                  RESERVIST INCOME.

        (a) Survey of Mobilized Reservists to Determine Differential
    Between Private Sector Income and Military Compensation.--(1) The
    Secretary of Defense shall conduct a survey involving members of the
    reserve components who serve, or have served, on active duty in support
    of a contingency operation at any time during the period beginning on
    September 11, 2001, and ending on September 30, 2005, to determine the
    extent to which such members sustained a reduction in monthly income
    during their period of active duty service compared to their average
    monthly civilian income during the 12 months preceding their
    mobilization.
        (2) To the extent practicable, at least 50 percent of the total
    number of members of the reserve components who have served on active
    duty in support of a contingency operation at any time during the
    period specified in paragraph (1) should be included in the survey. To
    participate in the survey, a member shall agree to make available to
    the Secretary such information as the Secretary may require to
    accurately calculate the average monthly civilian income of the member.
        (b) Calculation of Income Differential.--In the case of each member
    participating in the survey under subsection (a) whose total monthly
    military compensation during the active duty service of the member was
    less, or appeared to be less, than the average monthly civilian income
    of the member, the Secretary of Defense, in cooperation with the
    member, shall calculate the monthly active-duty income differential for
    the member.
        (c) Collection of Demographic Data.--The Secretary of Defense shall
    collect demographic data regarding each member of a reserve component
    who participates in the survey under subsection (a), including, at a
    minimum, data on the following:
            (1) Reserve component.
            (2) Unit of assignment.
            (3) Grade.
            (4) Age.
            (5) Years of service.
            (6) Sex.
            (7) Marital status.
            (8) Number of dependents.
            (9) General category of private-sector employment, as
        determined by the Secretary, but to include an employment category
        to cover members who are self-employed.
            (10) Military occupational specialty, including specifying all
        surveyed members who are serving in a critical wartime specialty.
            (11) Length of service on active duty during the most recent
        mobilization.
            (12) Number of times mobilized since September 11, 2001.
        (d) Consideration of Average Monthly Reserve Service Income.--The
    Secretary of Defense shall collect data to calculate the average
    monthly reserve service income of members of the reserve components
    before their mobilization, and consider such data by grade, general
    category of military occupational specialty, and years of service. The
    Secretary shall also consider the effect that the receipt of average
    monthly reserve service income by reserve component members before
    mobilization should have on any obligation of the United States to
    eliminate or at least reduce the monthly active-duty income
    differential suffered by members serving on active duty in support of a
    contingency operation.
        (e) Effect of Income Loss on Retention.--The Secretary of Defense
    shall include in the survey under subsection (a) a question intended to
    solicit information from members of the reserve components
    participating in the survey regarding the likely effect that a
    reoccurring monthly active-duty income differential while serving on
    active duty would have on their decision to remain in Armed Forces.
        (f) Analysis of Survey Data.--(1) At a minimum, the Secretary of
    Defense shall determine, for each variable listed in paragraphs (2)
    through (12) of subsection (c), the number of members of the reserve
    components surveyed under subsection (a) who sustained a monthly
    active-duty income differential for any month during their active duty
    service and compare and contrast that number with the number of members
    who did not experience a monthly active-duty income differential.
        (2) The Secretary shall also determine the average amount of the
    active-duty income differential by reserve component for each variable
    within the characteristics listed in paragraphs (2) through (12) of
    subsection (c).
        (g) Submission of Survey Results and Recommendations.--(1) Not
    later than January 31, 2006, the Secretary of Defense shall submit to
    Congress and the Comptroller General a report containing the results of
    the surveys conducted under subsection (a), including the results of
    the analysis of survey data required by subsection (f). The Secretary
    shall include such recommendations as the Secretary considers
    appropriate regarding alternatives for restoring income lost by members
    of the reserve components who sustained a monthly active-duty income
    differential during their active duty service.
        (2) Not later than 90 days after receiving the report of the
    Secretary of Defense submitted under paragraph (1), the Comptroller
    General shall submit to Congress an assessment of the findings and
    recommendations of the Secretary contained in the report.
        (h) Definitions Used in Conducting Survey and Calculations.--In
    this section:
            (1) The term ``monthly active-duty income differential'', with
        respect to a member of a reserve component who participates in the
        survey under subsection (a), means the difference between--
                (A) the average monthly civilian income of the member; and
                (B) the total monthly military compensation of the member
            during the active duty service of the member.
            (2) The term ``total monthly military compensation'', with
        respect to a member of a reserve component who participates in the
        survey, means the amount, computed on a monthly basis, of the sum
        of--
                (A) the amount of the regular military compensation (RMC),
            as defined in section 101(25) of title 37, United States Code,
            of the member during the period specified in subsection (a)(1);
            and
                (B) any amount of special pay or incentive pay and any
            allowance (other than an allowance included in regular military
            compensation) that is paid to the member on a monthly basis
            during the period specified in subsection (a)(1).
            (3) The term ``average monthly civilian income'', with respect
        to a member of a reserve component who participates in the survey,
        means the amount, determined by the Secretary of Defense, of the
        earned income of the member for the 12 months preceding the first
        mobilization of the member for active duty service in support of a
        contingency operation during the period specified in subsection
        (a)(1), divided by 12.
            (4) The term ``average monthly reserve service income'', with
        respect to a member of a reserve component who participates in the
        survey, means the amount, determined by the Secretary of Defense,
        of the regular military compensation, compensation under section
        206 of title 37, United States Code, and any special pays and
        allowances referred to in paragraph (3)(B) received by the member
        during the 12 months preceding the first mobilization of the member
        for active duty service in support of a contingency operation
        during the period specified in subsection (a)(1), divided by 12.

    SEC. 666. STUDY OF DISABILITY BENEFITS FOR VETERANS OF SERVICE IN THE
                  ARMED FORCES WITH SERVICE-CONNECTED DISABILITIES.

        (a) Requirement for Study.--(1) The Secretary of Defense shall
    conduct a study of the totality of all current and projected disability
    benefits that are available to disabled members and former members of
    the Armed Forces for service-connected disabilities and, on the basis
    of the results of such study, determine the adequacy of those benefits.
        (2) In carrying out the study, the Secretary shall--
            (A) compare the disability benefits for members of the Armed
        Forces with commercial and other private-sector disability benefits
        plans that are provided for other persons in the United States who
        are disabled by causes other than service in the Armed Forces; and
            (B) identify and assess the changes to Department of Defense
        personnel policies needed to enhance the financial and nonfinancial
        benefits that are provided to members and former members of the
        Armed Forces for service-connected disabilities.
        (b) Coordination.--In carrying out the study under subsection (a)
    and preparing the report under subsection (c), the Secretary of Defense
    shall--
            (1) consult with the Secretary of Veterans Affairs and take
        into consideration the veterans disability benefits programs that
        are administered by the Secretary of Veterans Affairs; and
            (2) consult with, and obtain the assistance of, the Veterans'
        Disability Benefits Commission established under title XV of the
        National Defense Authorization Act for Fiscal Year 2004 (Public Law
        108-136; 117 Stat. 1676).
        (c) Report.--Not later than 150 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit a report
    on the results of the study under this section to the committees of
    Congress specified in subsection (e). The report shall include the
    following:
            (1) The Secretary's assessments, analyses, and conclusions
        resulting from the study.
            (2) Recommended legislation to address the deficiencies in the
        system of Federal Government disability benefits for disabled
        members and former members of the Armed Forces that are identified
        in the course of the study.
            (3) An estimate of the costs of improvements in the system of
        disability benefits that are provided for in the recommended
        legislation.
        (d) GAO Study.--(1) The Comptroller General shall conduct a study
    to identify the disability benefits that are payable under Federal,
    State, and local laws for employees of the Federal Government, State
    governments, and local governments. In carrying out the study, the
    Comptroller General shall, to the extent feasible, pay particular
    attention to the disability benefits that are provided for disabilities
    incurred in the performance of jobs in which employees perform tasks
    with risks that are analogous to the risks associated with the
    performance of military tasks by members of the Armed Forces.
        (2) Not later than November 1, 2005, the Comptroller General shall
    submit a report on the results of the study under paragraph (1) to the
    committees of Congress specified in subsection (e).
        (e) Recipients of Report.--The committees of Congress to which the
    reports under subsections (d) and (e) are to be submitted are as
    follows:
            (1) The Committee on Armed Services and the Committee on
        Veterans' Affairs of the Senate.
            (2) The Committee on Armed Services and the Committee on
        Veterans' Affairs of the House of Representatives.

                       TITLE VII--HEALTH CARE PROVISIONS

                   Subtitle A--Enhanced Benefits for Reserves

    Sec. 701. TRICARE coverage for members of reserve components who commit
              to continued service in the Selected Reserve after release
              from active duty.
    Sec. 702. Comptroller General report on the cost and feasibility of
              providing private health insurance stipends for members of the
              Ready Reserves.
    Sec. 703. Permanent earlier eligibility date for TRICARE benefits for
              members of reserve components and their dependents.
    Sec. 704. Waiver of certain deductibles under TRICARE program for
              members on active duty for a period of more than 30 days.
    Sec. 705. Authority for payment by United States of additional amounts
              billed by health care providers to activated Reserves.
    Sec. 706. Permanent extension of transitional health care benefits and
              addition of requirement for preseparation physical
              examination.

                     Subtitle B--Other Benefits Improvements

    Sec. 711. Opportunity for young child dependent of deceased member to
              become eligible for enrollment in a TRICARE dental plan.
    Sec. 712. Comptroller General report on provision of health, education,
              and support services for Exceptional Family Member Program
              enrollees.
    Sec. 713. Continuation of sub-acute care for transition period.
    Sec. 714. Improvements to pharmacy benefits program
    Sec. 715. Professional accreditation of military dentists.
    Sec. 716. Temporary authority for waiver of collection of payments due
              for CHAMPUS benefits received by disabled persons unaware of
              loss of CHAMPUS eligibility.
    Sec. 717. Services of marriage and family therapists.
    Sec. 718. Chiropractic health care benefits advisory committee.

                Subtitle C--Planning, Programming, and Management

    Sec. 721. Pilot program for health care delivery.
    Sec. 722. Study of provision of travel reimbursement to hospitals for
              certain military disability retirees.
    Sec. 723. Study of mental health services.
    Sec. 724. Policy for timely notification of next of kin of members
              seriously ill or injured in combat zones.
    Sec. 725. Revised funding methodology for military retiree health care
              benefits.
    Sec. 726.  Grounds for presidential waiver of requirement for informed
              consent or option to refuse regarding administration of drugs
              not approved for general use.
    Sec. 727. TRICARE program regional directors.

         Subtitle D--Medical Readiness Tracking and Health Surveillance

    Sec. 731. Medical readiness plan and Joint Medical Readiness Oversight
              Committee.
    Sec. 732. Medical readiness of Reserves.
    Sec. 733. Baseline Health Data Collection Program.
    Sec. 734. Medical care and tracking and health surveillance in the
              theater of operations.
    Sec. 735. Declassification of information on exposures to environmental
              hazards.
    Sec. 736. Report on training on environmental hazards.
    Sec. 737. Uniform policy for meeting mobilization-related medical care
              needs at military installations.
    Sec. 738. Full implementation of Medical Readiness Tracking and Health
              Surveillance Program and Force Health Protection and Readiness
              Program.
    Sec. 739. Reports and Internet accessibility relating to health matters.

                   Subtitle A--Enhanced Benefits for Reserves

    SEC. 701. TRICARE COVERAGE FOR MEMBERS OF RESERVE COMPONENTS WHO COMMIT
                  TO CONTINUED SERVICE IN THE SELECTED RESERVE AFTER
                  RELEASE FROM ACTIVE DUTY.

        (a) Eligibility.--(1) Chapter 55 of title 10, United States Code,
    is amended by inserting after section 1076c the following new section:

    ``Sec. 1076d. TRICARE program: coverage for members of reserve
                components who commit to continued service in the Selected
                Reserve after release from active duty

        ``(a) Eligibility.--A member of the Selected Reserve of the Ready
    Reserve of a reserve component of the armed forces is eligible for
    health benefits under TRICARE Standard as provided in this section
    after the member completes service on active duty to which the member
    was called or ordered for a period of more than 30 days on or after
    September 11, 2001, under a provision of law referred to in section
    101(a)(13)(B), if the member--
            ``(1) served continuously on active duty for 90 or more days
        pursuant to such call or order; and
            ``(2) on or before the date of the release from such active-
        duty service, entered into an agreement with the Secretary
        concerned to serve continuously in the Selected Reserve for a
        period of one or more whole years following such date.
        ``(b) Period of Coverage.--(1) TRICARE Standard coverage of a
    member under this section, on the basis of active-duty service
    performed as described in subsection (a), begins upon the expiration of
    the member's entitlement to care and benefits under section 1145(a) of
    this title that is based on the same active-duty service.
        ``(2) Unless earlier terminated under paragraph (3), the period for
    TRICARE Standard coverage of a member under this section shall be equal
    to the lesser of--
            ``(A) one year, in the case of a member who is otherwise
        eligible but does not serve continuously on active duty for 90 days
        as described in subsection (a) because of an injury, illness, or
        disease incurred or aggravated while deployed;
            ``(B) one year for each consecutive period of 90 days of
        continuous active-duty service described in subsection (a); or
            ``(C) the number of whole years for which the member agrees
        under paragraph (2) of such subsection to continue to serve in the
        Selected Reserve after the coverage begins.
        ``(3) Eligibility for TRICARE Standard coverage of a member under
    this section shall terminate upon the termination of the member's
    service in the Selected Reserve.
        ``(c) Family Members.--While a member of a reserve component is
    covered by TRICARE Standard under the section, the members of the
    immediate family of such member are eligible for TRICARE Standard
    coverage as dependents of the member.
        ``(d) Premiums.--(1) A member of a reserve component covered by
    TRICARE Standard under this section shall pay a premium for that
    coverage.
        ``(2) The Secretary of Defense shall prescribe for the purposes of
    this section one premium for TRICARE Standard coverage of members
    without dependents and one premium for TRICARE Standard coverage of
    members with dependents referred to in subsection (f)(1). The premium
    prescribed for a coverage shall apply uniformly to all covered members
    of the reserve components.
        ``(3) The monthly amount of the premium in effect for a month for
    TRICARE Standard coverage under this section shall be the amount equal
    to 28 percent of the total monthly amount that the Secretary determines
    on an appropriate actuarial basis as being reasonable for that
    coverage.
        ``(4) The premiums payable by a member of a reserve component under
    this subsection may be deducted and withheld from basic pay payable to
    the member under section 204 of title 37 or from compensation payable
    to the member under section 206 of such title. The Secretary shall
    prescribe the requirements and procedures applicable to the payment of
    premiums.
        ``(5) Amounts collected as premiums under this subsection shall be
    credited to the appropriation available for the Defense Health Program
    Account under section 1100 of this title, shall be merged with sums in
    such Account that are available for the fiscal year in which collected,
    and shall be available under subsection (b) of such section for such
    fiscal year.
        ``(e) Relationship of Service Agreement to Other Service
    Commitments.--The service agreement required of a member of a reserve
    component under subsection (a)(2) is separate from any other form of
    commitment of the member to a period of obligated service in that
    reserve component and may cover any part or all of the same period that
    is covered by another commitment of the member to a period of obligated
    service in that reserve component.
        ``(f) Definitions.--In this section:
            ``(1) The term `immediate family', with respect to a member of
        a reserve component, means all of the member's dependents described
        in subparagraphs (A), (D), and (I) of section 1072(2) of this
        title.
            ``(2) The term `TRICARE Standard' means the Civilian Health and
        Medical Program of the Uniformed Services option under the TRICARE
        program.
        ``(g) Regulations.--The Secretary of Defense, in consultation with
    the other administering Secretaries, shall prescribe regulations for
    the administration of this section.''.
        (2) The table of sections at the beginning of such chapter is
    amended by inserting after the item relating to section 1076c the
    following new item:

    ``1076d. TRICARE program: coverage for members of reserve components who
              commit to continued service in the Selected Reserve after
              release from active duty.''.

        (b) Implementation.--(1) The Secretary of Defense shall implement
    section 1076d of title 10, United States Code, not later than 180 days
    after the date of the enactment of this Act.
        (2)(A) A member of a reserve component of the Armed Forces who
    performed active-duty service described in subsection (a) of section
    1076d of title 10, United States Code, for a period beginning on or
    after September 11, 2001, and was released from that active-duty
    service before the date of the enactment of this Act, or is released
    from that active-duty service on or within 180 days after the date of
    the enactment of this Act, may, for the purpose of paragraph (2) of
    such subsection, enter into an agreement described in such paragraph
    not later than one year after the date of the enactment of this Act.
    TRICARE Standard coverage (under such section 1076d) of a member who
    enters into such an agreement under this paragraph shall begin on the
    later of--
            (i) the date applicable to the member under subsection (b) of
        such section; or
            (ii) the date of the agreement.
        (B) The Secretary of Defense shall take such action as is necessary
    to ensure, to the maximum extent practicable, that members of the
    reserve components eligible to enter into an agreement as provided in
    subparagraph (A) actually receive information on the opportunity and
    procedures for entering into such an agreement together with a clear
    explanation of the benefits that the members are eligible to receive as
    a result of entering into such an agreement under section 1076d of
    title 10, United States Code.

    SEC. 702. COMPTROLLER GENERAL REPORT ON THE COST AND FEASIBILITY OF
                  PROVIDING PRIVATE HEALTH INSURANCE STIPENDS FOR MEMBERS
                  OF THE READY RESERVES.

        (a) Study Required.--The Comptroller General shall conduct a study
    on the cost and feasibility of providing a stipend to members of the
    Ready Reserves to offset the cost of continuing private health
    insurance coverage for the members' dependents when the members are on
    active duty for periods of more than 30 days, with the dependents being
    ineligible to enroll in the TRICARE program and payment of the stipend
    ending when the members are no longer on active duty.
        (b) Matters Covered.--The study shall include the following
    matters:
            (1) Recommendation for a benefit amount and cost to the
        Department of Defense.
            (2) Potential effects on medical readiness, recruitment, and
        retention.
            (3) The extent to which the Reserves and members of their
        families might participate under the stipend program.
            (4) Administrative and management considerations for the
        Department of Defense.
            (5) Impact of pre-existing conditions on continuity of care for
        dependents.
            (6) Possible implications for employers.
        (c) Report.--Not later than March 31, 2005, the Comptroller General
    shall submit to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives a report
    containing the results of the study under this section.

    SEC. 703. PERMANENT EARLIER ELIGIBILITY DATE FOR TRICARE BENEFITS FOR
                  MEMBERS OF RESERVE COMPONENTS AND THEIR DEPENDENTS.

        Section 1074(d) of title 10, United States Code, is amended by
    striking paragraph (3).

    SEC. 704. WAIVER OF CERTAIN DEDUCTIBLES UNDER TRICARE PROGRAM 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 ``less than one year'' both places it appears and inserting
    ``more than 30 days''.

    SEC. 705. AUTHORITY FOR PAYMENT BY UNITED STATES OF ADDITIONAL AMOUNTS
                  BILLED BY HEALTH CARE PROVIDERS TO ACTIVATED RESERVES.

        Section 1079(h) of title 10, United States Code, is amended by
    adding at the end of paragraph (4) the following new subparagraph:
        ``(C)(i) In the case of a dependent described in clause (ii), the
    regulations shall provide that, in addition to amounts otherwise
    payable by the United States, the Secretary may pay the amount referred
    to in subparagraph (B)(i).
        ``(ii) This subparagraph applies to a dependent referred to in
    subsection (a) of a member of a reserve component serving on active
    duty pursuant to a call or order to 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.''.

    SEC. 706. 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).
        (3) Paragraph (1) of such section 1145(a) is amended by striking
    ``applicable''.
        (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)(A) The Secretary concerned shall require a member of the
    armed forces scheduled to be separated from active duty as described in
    paragraph (2) to undergo a physical examination immediately before that
    separation. The physical examination shall be conducted in accordance
    with regulations prescribed by the Secretary of Defense.
        ``(B) Notwithstanding subparagraph (A), if a member of the armed
    forces scheduled to be separated from active duty as described in
    paragraph (2) has otherwise undergone a physical examination within 12
    months before the scheduled date of separation from active duty, the
    requirement for a physical examination under subparagraph (A) may be
    waived in accordance with regulations prescribed under this paragraph.
    Such regulations shall require that such a waiver may be granted only
    with the consent of the member and with the concurrence of the member's
    unit commander.''.

                    Subtitle B--Other Benefits Improvements

    SEC. 711. 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. 712. COMPTROLLER GENERAL REPORT ON PROVISION OF HEALTH, EDUCATION,
                  AND SUPPORT SERVICES FOR EXCEPTIONAL FAMILY MEMBER
                  PROGRAM ENROLLEES.

        (a) Evaluation Requirement.--The Comptroller General shall evaluate
    the effect of the Exceptional Family Member Program (in this section
    referred to as ``EFMP'') on health, education, and support services in
    selected civilian communities near military installations with a high
    concentration of EFMP enrollees.
        (b) Matters Covered.--The evaluation under subsection (a) shall
    include a discussion of the following:
            (1) Communities that have high concentrations of EFMP enrollees
        that use State and local health, education, and support services.
            (2) Needs of EFMP enrollees, if any, that are not met by State
        and local health, education, and support services.
            (3) The burdens, financial and otherwise, placed on State and
        local health, education, and support services by EFMP enrollees and
        their families.
            (4) The ability of the TRICARE program to meet the needs of
        EFMP enrollees and their families.
            (5) Reasons for any limitations of the TRICARE program, the
        EFMP, and State and local health, education, and support services
        in providing assistance to EFMP enrollees and their families.
            (6) Recommendations for more effectively meeting the needs of
        EFMP enrollees and their families.
        (c) Communities Covered.--The evaluation under subsection (a) shall
    examine no fewer than four civilian communities, as determined by the
    Comptroller General, that have high concentrations of EFMP enrollees
    and that are near several military installations, including at least
    two military installations with tenants from more than one of the Armed
    Forces.
        (d) Definitions.--In this section:
            (1) The term ``health, education, and support services'' means
        services provided to children and other dependents with special
        needs, including specialized day care, mental health day treatment
        services, respite services, counseling, early childhood
        intervention, special education, and other such services provided
        for children and other dependents with special needs.
            (2) The term ``TRICARE program'' has the meaning given that
        term in section 1072(7) of title 10, United States Code.
        (e) Report.--Not later than one year after the date of the
    enactment of this Act, the Comptroller General shall submit to the
    Committees on Armed Services of the Senate and the House of
    Representatives a report on the results of the evaluation required
    under subsection (a), including findings and recommendations.

    SEC. 713. 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. 714. IMPROVEMENTS TO PHARMACY BENEFITS PROGRAM.

        (a) Requirement Relating to Prescription Drug Benefits for
    Medicare-Eligible Enrollees.--Section 1074g(a)(6) of title 10, United
    States Code, is amended--
            (1) by inserting ``(A)'' after ``(6)''; and
            (2) by adding at the end the following:
        ``(B) For a medicare-eligible beneficiary, the cost-sharing
    requirements may not be in excess of the cost-sharing requirements
    applicable to all other beneficiaries covered by section 1086 of this
    title. For purposes of the preceding sentence, a medicare-eligible
    beneficiary is a beneficiary eligible for health benefits under section
    1086 of this title pursuant to subsection (d)(2) of such section.''.
        (b) Improvement to Uniform Formulary Process.--Section
    1074g(a)(2)(E)(i) of such title is amended by inserting before the
    semicolon the following: ``and additional determinations by the
    Pharmacy and Therapeutics Committee of the relative clinical and cost
    effectiveness of the agents''.

    SEC. 715. PROFESSIONAL ACCREDITATION OF MILITARY DENTISTS.

        Section 1077(c) of title 10, United States Code, is amended--
            (1) by striking ``A'' and inserting ``(1) Except as specified
        in paragraph (2), a''; and
            (2) by adding at the end the following new paragraph:
        ``(2)(A) Dependents who are 12 years of age or younger and are
    covered by a dental plan established under section 1076a of this title
    may be treated by postgraduate dental residents in a dental treatment
    facility of the uniformed services 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 program, or training in
        pediatric dental care is necessary for the residents to be
        professionally qualified to provide dental care for dependent
        children accompanying members of the uniformed services outside the
        United States; and
            ``(ii) the number 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 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. 716. 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) Administering Secretaries.--In this subsection, the term
    ``administering Secretaries'' has the meaning given such term in
    section 1072(3) of title 10, United States Code.

    SEC. 717. 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. 718. CHIROPRACTIC HEALTH CARE BENEFITS ADVISORY COMMITTEE.

        (a) Establishment.--Not later than 120 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, including not fewer
        than three practicing representatives of the chiropractic health
        care profession.
            (2) A representative of each of the uniformed services, as
        designated by the administering Secretary 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 the
        implementation of such program.
        (f) Report.--The Secretary of Defense, following receipt of the
    report by the advisory committee under subsection (e)(3), shall submit
    to the Committees on Armed Services of the Senate and of the House of
    Representatives a report containing the following:
            (1) A copy of the advisory committee report, together with the
        Secretary's comments on the report.
            (2) An explanation of the criteria and rationale that the
        Secretary used to determine that the program of chiropractic health
        care benefits was fully implemented.
            (3) The Secretary's views with regard to the future
        implementation of the program of chiropractic health care benefits.
        (g) 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.
        (h) Termination.--The advisory committee shall terminate 90 days
    after the date on which the Secretary submits the report under
    subsection (f).

               Subtitle C--Planning, Programming, and Management

    SEC. 721. PILOT PROGRAM FOR HEALTH CARE DELIVERY.

        (a) Pilot Program.--The Secretary of Defense may conduct a pilot
    program at two or more military installations for purposes of testing
    initiatives that build cooperative health care arrangements and
    agreements between military installations and local and regional non-
    military health care systems.
        (b) Requirements of Pilot Program.--In conducting the pilot
    program, the Secretary of Defense shall--
            (1) identify and analyze health care delivery options involving
        the private sector and health care services in military facilities
        located on the installation;
            (2) determine the cost avoidance or savings resulting from
        innovative partnerships between the Department of Defense and the
        private sector;
            (3) study the potential, viability, cost efficiency, and health
        care effectiveness of Department of Defense health care providers
        delivering health care in civilian community hospitals; and
            (4) determine the opportunities for and barriers to
        coordinating and leveraging the use of existing health care
        resources, including Federal, State, local, and contractor assets.
        (c) Consultation Requirements.--The Secretary of Defense shall
    develop the pilot program in consultation with the Secretaries of the
    military departments, representatives from the military installation
    selected for the pilot program, Federal, State, and local entities, and
    the TRICARE managed care support contractor with responsibility for
    that installation.
        (d) Selection of Military Installation.--The pilot program may be
    implemented at two or more military installations selected by the
    Secretary of Defense. At least one of the selected military
    installations shall meet the following criteria:
            (1) The military installation has members of the Armed Forces
        on active duty and members of reserve components of the Armed
        Forces that use the installation as a training and operational
        base, with members routinely deploying in support of the global war
        on terrorism.
            (2) The number of members of the Armed Forces on active duty
        permanently assigned to the military installation is expected to
        increase over the next five years.
            (3) One or more cooperative arrangements exist at the military
        installation with civilian health care entities in the form of
        specialty care services in the military medical treatment facility
        on the installation.
            (4) There is a military treatment facility on the installation
        that does not have inpatient or trauma center care capabilities.
            (5) There is a civilian community hospital near the military
        installation with--
                (A) limited capability to expand inpatient care beds,
            intensive care, and specialty services; and
                (B) limited or no capability to provide trauma care.
        (e) Duration of Pilot Program.--Implementation of the pilot program
    developed under this section shall begin not later than May 1, 2005,
    and shall be conducted during fiscal years 2005, 2006, and 2007.
        (f) Reports.--With respect to any pilot program conducted under
    this section, the Secretary of Defense shall submit to the Committees
    on Armed Services of the Senate and of the House of Representatives--
            (1) an interim report on the program, not later than 60 days
        after commencement of the program; and
            (2) a final report describing the results of the program with
        recommendations for a model health care delivery system for other
        military installations, not later than July 1, 2007.

    SEC. 722. STUDY OF PROVISION OF TRAVEL REIMBURSEMENT TO HOSPITALS FOR
                  CERTAIN MILITARY DISABILITY RETIREES.

        (a) Study.--The Secretary of Defense shall conduct a study of the
    feasibility, and of the desirability, of providing that a member of the
    uniformed services retired under chapter 61 of title 10, United States
    Code, shall be provided reimbursement for the travel expenses of such
    member for travel, during the two-year period beginning on the date of
    the retirement of the member, to a military treatment facility for
    medical care. The Secretary shall include in that study consideration
    of whether reimbursement under such a plan should, as nearly as
    practicable, be under the same terms and conditions, and at the same
    rate, as apply to beneficiary travel reimbursement provided by the
    Secretary of Veterans Affairs under section 111 of title 38, United
    States Code.
        (b) Report.--The Secretary of Defense shall submit to the
    congressional defense committees a report providing the results of the
    study under subsection (a). Such report shall be submitted not later
    than March 1, 2005.

    SEC. 723. STUDY OF MENTAL HEALTH SERVICES.

        (a) Study Required.--The Comptroller General shall conduct a study
    of mental health services available to members of the Armed Forces.
        (b) Persons Covered.--The study shall evaluate the availability and
    effectiveness of existing mental health treatment and screening
    resources--
            (1) for members of the Armed Forces during a deployment to a
        combat theater;
            (2) for members of the Armed Forces returning from a deployment
        to a combat theater, both--
                (A) in the short-term, post-deployment period; and
                (B) in the long-term, following the post-deployment period;
            (3) for the families of members of the Armed Forces who have
        been deployed to a combat theater during the time of the
        deployment;
            (4) for the families of members of the Armed Forces who have
        been deployed to a combat theater after the member has returned
        from the deployment; and
            (5) for members of the Armed Forces and their families
        described in this subsection who are members of reserve components.
        (c) Assessment of Obstacles.--The study shall provide an assessment
    of existing obstacles that prevent members of the Armed Forces and
    military families in need of mental health services from obtaining
    these services, including--
            (1) the extent to which existing confidentiality regulations,
        or lack thereof, inhibit members of the Armed Forces from seeking
        mental health treatment;
            (2) the implications that a decision to seek mental health
        services can have on a military career;
            (3) the extent to which a social stigma exists within the Armed
        Forces that prevents members of the Armed Forces and military
        families from seeking mental health treatment within the Department
        of Defense and the individual Armed Forces;
            (4) the extent to which logistical obstacles, particularly with
        respect to members of the Armed Forces and families residing in
        rural areas, deter members in need of mental health services from
        obtaining them; and
            (5) the extent to which members of the Armed Forces and their
        families are prevented or hampered from obtaining mental health
        treatment due to the cost of such services.
        (d) Identification of Problems Unique to Reserves.--The study shall
    identify potential problems in obtaining mental health treatment that
    are unique to members of Reserve components.
        (e) Report.--The Comptroller General shall submit to Congress a
    report on the study conducted under this section not later than March
    31, 2005. The report shall contain the results of the study and make
    specific recommendations--
            (1) for improving the effectiveness and accessibility of mental
        health services provided by Department of Defense to the persons
        listed in subsection (b), including recommendations to ensure
        appropriate referrals and a seamless transition to the care of the
        Department of Veterans Affairs following separation from the Armed
        Forces; and
            (2) for removing or mitigating any obstacles identified under
        subsection (c) and problems identified under subsection (d).

    SEC. 724. POLICY FOR TIMELY NOTIFICATION OF NEXT OF KIN OF MEMBERS
                  SERIOUSLY ILL OR INJURED IN COMBAT ZONES.

        (a) Policy Required.--The Secretary of Defense shall prescribe the
    policy of the Department of Defense for providing, in the case of the
    serious illness or injury of a member of the Armed Forces in a combat
    zone, timely notification to the next of kin of the member regarding
    the illness or injury, including information on the condition of the
    member and the location at which the member is receiving treatment. In
    prescribing the policy, the Secretary shall ensure respect for the
    expressed desires of individual members of the Armed Forces regarding
    the notification of next of kin and shall include standards of
    timeliness for both the initial notification of next of kin under the
    policy and subsequent updates regarding the condition and location of
    the member.
        (b) Submission of Policy.--Not later than 120 days after the date
    of the enactment of this Act, the Secretary of Defense shall submit to
    Congress a copy of the policy.

    SEC. 725. REVISED FUNDING METHODOLOGY FOR MILITARY RETIREE HEALTH CARE
                  BENEFITS.

        (a) Revision.--Section 1116 of title 10, United States Code, is
    amended to read as follows:

    ``Sec. 1116. Payments into the Fund

        ``(a) At the beginning of each fiscal year after September 30,
    2005, the Secretary of the Treasury shall promptly pay into the Fund
    from the General Fund of the Treasury--
            ``(1) the amount certified to the Secretary by the Secretary of
        Defense under subsection (c), which shall be the contribution to
        the Fund for that fiscal year required by section 1115; and
            ``(2) the amount determined by each administering Secretary
        under section 1111(c) as the contribution to the Fund on behalf of
        the members of the uniformed services under the jurisdiction of
        that Secretary.
        ``(b) At the beginning of each fiscal year, the Secretary of
    Defense shall determine the sum of the following:
            ``(1) The amount of the payment for that year under the
        amortization schedule determined by the Board of Actuaries under
        section 1115(a) of this title for the amortization of the original
        unfunded liability of the Fund.
            ``(2) The amount (including any negative amount) of the
        Department of Defense contribution for that year as determined by
        the Secretary of Defense under section 1115(b) of this title.
            ``(3) The amount (including any negative amount) for that year
        under the most recent amortization schedule determined by the
        Secretary of Defense under section 1115(c)(2) of this title for the
        amortization of any cumulative unfunded liability (or any gain) to
        the Fund resulting from changes in benefits.
            `(4) The amount (including any negative amount) for that year
        under the most recent amortization schedule determined by the
        Secretary of Defense under section 1115(c)(3) of this title for the
        amortization of any cumulative actuarial gain or loss to the Fund
        resulting from actuarial assumption changes.
            ``(5) The amount (including any negative amount) for that year
        under the most recent amortization schedule determined by the
        Secretary of Defense under section 1115(c)(4) of this title for the
        amortization of any cumulative actuarial gain or loss to the Fund
        resulting from actuarial experience.
        ``(c) The Secretary of Defense shall promptly certify the amount
    determined under subsection (b) each year to the Secretary of the
    Treasury.
        ``(d) At the same time as the Secretary of Defense makes the
    certification under subsection (c), the Secretary shall submit to the
    Committees on Armed Services of the Senate and the House of
    Representatives the information provided to the Secretary of the
    Treasury under that subsection.''.
        (b) Sense of Congress.--It is the sense of Congress that any
    unsubscribed discretionary budget authority that accrues within the
    national defense budget function as a result of the amendments made by
    this section shall be applied to cover the unbudgeted costs of--
            (1) increases in Army end strengths and modularization;
            (2) increases in Marine Corps end strengths and necessary
        equipment; and
            (3) Navy shipbuilding requirements.
        (c) Conforming Amendments.--(1) Section 1111(c) of title 10, United
    States Code, is amended in the last sentence by striking ``1116'' and
    all that follows through the end of the sentence and inserting
    ``1115(b) of this title, and such contributions shall be paid into the
    Fund as provided in section 1116(a).''.
        (2) Section 1115(a) of such title is amended by striking
    ``1116(c)'' and inserting ``1116''.
        (3) Section 1115(b) of such title is amended--
            (A) by striking ``(1) The Secretary of Defense'' and all that
        follows through ``of this title.'' and inserting ``The Secretary of
        Defense shall determine, before the beginning of each fiscal year
        after September 30, 2005, the total amount of the Department of
        Defense contribution to be made to the Fund for that fiscal year
        for purposes of section 1116(b)(2).'';
            (B) by striking paragraph (2);
            (C) by redesignating subparagraphs (A) and (B) as paragraphs
        (1) and (2), respectively;
            (D) in each of paragraphs (1) and (2), as so redesignated, by
        redesignating clauses (i) and (ii) as subparagraphs (A) and (B),
        respectively; and
            (E) in paragraph (2)(B), as so redesignated, by striking
        ``subparagraph (A)(ii)'' and inserting ``paragraph (1)(B)''.
        (4) Section 1115(c)(1) of such title is amended by striking ``and
    section 1116(a) of this title''.
        (5) Section 1115(c)(5) of such title is amended by striking
    ``1116(c)'' and inserting ``1116''.
        (d) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2005.

    SEC. 726. 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. 727. TRICARE PROGRAM REGIONAL DIRECTORS.

        (a) Recommendations for Selection Process for TRICARE Program
    Regional Directors.--(1) The Secretary of Defense shall develop
    recommendations for a process for the selection of regional directors
    for TRICARE program administrative regions from among nominees and
    applicants for the position in accordance with this section.
        (2) The recommendations developed under paragraph (1) shall provide
    for a process for--
            (A) the Secretary of each military department to nominate, for
        each regional director position, one commissioned officer in a
        grade above colonel, or, in the case of the Navy, captain, or
        member of the Senior Executive Service under the jurisdiction of
        that Secretary; and
            (B) the Secretary of Defense to accept applications for
        assignment or appointment to each such position from any other
        qualified person.
        (3) The recommendations developed under paragraph (1) shall also
    include recommendations with respect to--
            (A) the qualifications for regional directors;
            (B) the period of assignment of a commissioned officer as a
        regional director;
            (C) procedures for ensuring that fair consideration is given to
        each nominee and each applicant; and
            (D) such other requirements as considered appropriate by the
        Secretary.
        (b) Report.--Not later than March 1, 2005, the Secretary of Defense
    shall submit to the Committees on Armed Services of the Senate and
    House of Representatives a report containing the recommendations
    developed by the Secretary under subsection (a).

         Subtitle D--Medical Readiness Tracking and Health Surveillance

    SEC. 731. 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 members
    of the Armed Forces 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 Vice Chief of Staff of the Army, the Vice Chief of
            Naval Operations, the Vice Chief of Staff of the Air Force, and
            the Assistant Commandant of the Marine Corp.
                (C) The Assistant Secretary of Defense for Health Affairs.
                (D) The Assistant Secretary of Defense for Reserve Affairs.
                (E) The Surgeon General of each of the Army, the Navy, and
            the Air Force.
                (F) The Assistant Secretary of the Army for Manpower and
            Reserve Affairs.
                (G) The Assistant Secretary of the Navy for Manpower and
            Reserve Affairs.
                (H) The Assistant Secretary of the Air Force for Manpower,
            Reserve Affairs, Installations, and Environment.
                (I) The Chief of the National Guard Bureau.
                (J) The Chief of Army Reserve.
                (K) The Chief of Naval Reserve.
                (L) The Chief of Air Force Reserve.
                (M) The Commander, Marine Corps Reserve.
                (N) The Director of the Defense Manpower Data Center.
                (O) A representative of the Department of Veterans Affairs
            designated by the Secretary of Veterans Affairs.
            (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
            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.
            (4) First meeting.--The first meeting of the Committee shall be
        held not later than 120 days after the date of the enactment of
        this Act.
        (c) Annual Report.--
            (1) In general.--In addition to the duties described in
        subsection (b)(3), the Committee shall 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--
                (A) 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
                (B) compliance with Department of Defense policies on
            medical readiness tracking and health surveillance.
            (2) Opportunity for comment.--Each year, before the Committee
        submits to Congress the report required under paragraph (1), the
        Secretary of Defense shall provide an opportunity for
        representatives of veterans and military health advocacy
        organizations, and others the Secretary of Defense considers
        appropriate, to comment on the report. The report submitted to
        Congress shall include a summary of the comments received and the
        Secretary's response to them.

    SEC. 732. 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 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 Medical Readiness of Individuals and Units
    of the Reserve Components.--
            (1) Policy.--The Secretary of Defense shall take measures, in
        addition to those required by section 1074f of title 10, United
        States Code, to ensure that individual members and commanders of
        reserve component units fulfill their responsibilities and meet the
        requirements for medical and dental readiness of members of the
        units. Such measures may include--
                (A) requiring more frequent health assessments of members
            than is required by section 1074f(b) of title 10, United States
            Code, with an objective of having every member of the Selected
            Reserve receive a health assessment as specified in section
            1074f of such title not less frequently than once every two
            years; and
                (B) providing additional support and information to
            commanders to assist them in improving the health status of
            members of their units.
            (2) Review and followup care.--The measures 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 otherwise authorized for medical or dental
        readiness.
            (3) Modification of predeployment health assessment survey.--In
        carrying out 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) may
        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. 733. 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 each person entering
        the armed forces, at the time of entry into the armed forces; and
            ``(2) to provide for computerized compilation and maintenance
        of the baseline health data.
        ``(b) Purposes.--The program under this section shall be designed
    to achieve the following purposes:
            ``(1) To facilitate understanding of how subsequent 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.--
            (1) Time requirements.--Subject to paragraph (2), the Secretary
        of Defense shall require that--
                (A) the blood samples necessary for the predeployment
            medical examination of a member of the Armed Forces required
            under section 1074f(b) of title 10, United States Code, be
            drawn not earlier than 120 days before the date of the
            deployment; and
                (B) the blood samples necessary for the postdeployment
            medical examination of a member of the Armed Forces required
            under such section 1074f(b) of such title be drawn not later
            than 30 days after the date on which the deployment ends.
            (2) Contingent applicability.--The standards under paragraph
        (1) shall apply unless the Joint Medical Readiness Oversight
        Committee established by section 1301 recommends, and the Secretary
        approves, different standards for blood sampling.

    SEC. 734. 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. 735. 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. 736. REPORT ON TRAINING ON ENVIRONMENTAL HAZARDS.

        (a) Requirement for Report on Training of Field Medical
    Personnel.--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.
        (b) Content.--The report under subsection (a) shall include the
    following:
            (1) An assessment of the adequacy of the training regarding--
                (A) the identification of common environmental hazards and
            exposures to such hazards; and
                (B) the prevention and treatment of adverse health effects
            of such exposures.
            (2) A discussion of the actions taken and to be taken to
        improve such training.

    SEC. 737. UNIFORM POLICY FOR MEETING MOBILIZATION-RELATED MEDICAL CARE
                  NEEDS AT MILITARY INSTALLATIONS.

        (a) Health Care at Mobilization Installations.--The Secretary of
    Defense shall take such steps as necessary, including through the
    uniform policy established under subsection (c), to ensure that
    anticipated health care needs of members of the Armed Forces at
    mobilization installations can be met at those installations. Such
    steps may, within authority otherwise available to the Secretary,
    include the following with respect to any such installation:
            (1) Arrangements for health care to be 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.
        (b) Mobilization Installations.--For purposes of this section, the
    term ``mobilization installation'' means a military installation at
    which members of the Armed Forces, in connection with a contingency
    operation or during a national emergency--
            (1) are mobilized;
            (2) are deployed; or
            (3) are redeployed from a deployment location.
        (c) Requirement for Regulations.--
            (1) Policy on implementation.--The Secretary of Defense shall
        by regulation establish a policy for the implementation of
        subsection (a) throughout the Department of Defense.
            (2) Identification and analysis of needs.--As part of the
        policy prescribed under paragraph (1), the Secretary shall require
        the Secretary of each military department, with respect to each
        mobilization installation under the jurisdiction of that Secretary,
        to identify and analyze the anticipated health care needs at that
        installation with respect to members of the Armed Forces who may be
        expected to mobilize or deploy or redeploy at that installation as
        described in subsection (b)(1). Such identification and analysis
        shall be carried out so as to be completed before the arrival of
        such members at the installation.
            (3) Response to needs.--The policy established by the Secretary
        of Defense under paragraph (1) shall require that, based on the
        results of the identification and analysis under paragraph (2), the
        Secretary of the military department concerned shall determine how
        to expeditiously and effectively respond to those anticipated
        health care needs that cannot be met within the resources otherwise
        available at that installation, in accordance with subsection (a).
            (4) Implementation of authority.--In implementing the policy
        established under paragraph (1) at any installation, the Secretary
        of the military department concerned shall ensure that the
        commander of the installation, and the officers and other personnel
        superior to that commander in that commander's chain of command,
        have appropriate authority and responsibility for such
        implementation.
        (d) Policy.--The Secretary of Defense shall ensure--
            (1) that the policy prescribed under subsection (c) is carried
        out with respect to any mobilization installation with the
        involvement of all agencies of the Department of Defense that have
        responsibility for management of the installation and all
        organizations of the Department that have command authority over
        any activity at the installation; and
            (2) that such policy is implemented on a uniform basis
        throughout the Department of Defense.

    SEC. 738. 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. 739. REPORTS AND INTERNET ACCESSIBILITY RELATING TO HEALTH
                  MATTERS.

        (a) Annual Reports.--
            (1) Requirement for reports.--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 cover the calendar year preceding the year
    in which the report is submitted and include the following matters:
            ``(A) The results of an audit conducted during the calendar
        year covered by the report of the extent to which the blood samples
        required to be obtained as described in section 733(b) of the
        Ronald W. Reagan National Defense Authorization Act for Fiscal Year
        2005 from members of the armed forces before and after a deployment
        are stored in the blood serum repository of the Department of
        Defense.
            ``(B) The results of an audit conducted during the calendar
        year covered by the report of the extent to which the records of
        the health assessments required under section 1074f of this title
        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 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 Department of Defense
        personnel to evaluate or treat 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 Health Records.--The Secretary of Defense shall issue each
    year a report on the compliance by the military departments with
    applicable law and policies on the recording of health assessment data
    in military health records, including compliance with section 1074f(c)
    of this title. The report shall cover the calendar year preceding the
    year in which the report is submitted and include a discussion of the
    extent to which immunization status and predeployment and
    postdeployment health care data are being recorded in such records.''.
            (2) Clerical amendment.--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.''.

            (3) Initial reports.--The first reports under section 1073b 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 policies of the Department of Defense
        and the military department concerned 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.

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

                  Subtitle A--Acquisition Policy and Management

    Sec. 801. Software-related program costs under major defense acquisition
              programs.
    Sec. 802. Internal controls for Department of Defense procurements
              through GSA Client Support Centers.
    Sec. 803. Defense commercial communications satellite services
              procurement process.
    Sec. 804. Contractor performance of acquisition functions closely
              associated with inherently governmental functions.
    Sec. 805. Sustainment plans for existing systems while replacement
              systems are under development.
    Sec. 806. Applicability of competition exceptions to eligibility of
              National Guard for financial assistance for performance of
              additional duties.
    Sec. 807. Inflation adjustment of acquisition-related dollar thresholds.

     Subtitle B--Amendments to General Contracting Authorities, Procedures,
                                 and Limitations

    Sec. 811. Rapid acquisition authority to respond to combat emergencies.
    Sec. 812. Defense acquisition workforce improvements.
    Sec. 813. Period for multiyear task and delivery order contracts.
    Sec. 814. Funding for contract ceilings for certain multiyear
              procurement contracts.
    Sec. 815. Increased threshold for senior procurement executive approval
              of use of procedures other than competitive procedures.
    Sec. 816. Increased threshold for applicability of requirement for
              defense contractors to provide information on subcontracting
              authority of contractor personnel to cooperative agreement
              holders.
    Sec. 817. Extension of authority for use of simplified acquisition
              procedures.
    Sec. 818. Submission of cost or pricing data on noncommercial
              modifications of commercial items.
    Sec. 819. Delegations of authority to make determinations relating to
              payment of defense contractors for business restructuring
              costs.
    Sec. 820. Availability of Federal supply schedule supplies and services
              to United Service Organizations, Incorporated.
    Sec. 821. Addition of landscaping and pest control services to list of
              designated industry groups participating in the Small Business
              Competitiveness Demonstration Program.
    Sec. 822. Increased thresholds under special emergency procurement
              authority.

          Subtitle C--United States Defense Industrial Base Provisions

    Sec. 831. Defense trade reciprocity.
    Sec. 832. Assessment and report on the acquisition of polyacrylonitrile
              (PAN) carbon fiber from foreign sources.

             Subtitle D--Extensions of Temporary Program Authorities

    Sec. 841. Extension of mentor-protege program.
    Sec. 842. Amendment to mentor-protege program.
    Sec. 843. Extension of test program for negotiation of comprehensive
              small business subcontracting plans.
    Sec. 844. Extension of pilot program on sales of manufactured articles
              and services of certain Army industrial facilities.

                      Subtitle E--Other Acquisition Matters

    Sec. 851. Review and demonstration project relating to contractor
              employees.
    Sec. 852. Inapplicability of certain fiscal laws to settlements under
              special temporary contract closeout authority.
    Sec. 853. Contracting with employers of persons with disabilities.
    Sec. 854. Defense procurements made through contracts of other agencies.
    Sec. 855. Requirements relating to source selection for integrated
              support of aerial refueling aircraft fleet for the Air Force.

                 Subtitle A--Acquisition Policy and Management

    SEC. 801. 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 the date occurring 60 days after the date of the enactment of
    this Act, and shall apply with respect to reports due to be submitted
    to Congress on or after such date.

    SEC. 802. INTERNAL CONTROLS FOR DEPARTMENT OF DEFENSE PROCUREMENTS
                  THROUGH GSA CLIENT SUPPORT CENTERS.

        (a) Initial Inspector General Review and Determination.--(1) Not
    later than March 15, 2005, the Inspector General of the Department of
    Defense and the Inspector General of the General Services
    Administration shall jointly--
            (A) review--
                (i) the policies, procedures, and internal controls of each
            GSA Client Support Center; and
                (ii) the administration of those policies, procedures, and
            internal controls; and
            (B) for each such Center, determine in writing whether--
                (i) the Center is compliant with defense procurement
            requirements;
                (ii) the Center is not compliant with defense procurement
            requirements, but the Center made significant progress during
            2004 toward becoming compliant with defense procurement
            requirements; or
                (iii) neither of the conclusions stated in clauses (i) and
            (ii) is correct.
        (2) If the Inspectors General determine under paragraph (1) that
    the conclusion stated in clause (ii) or (iii) of subparagraph (B) of
    such paragraph is correct in the case of a GSA Client Support Center,
    those Inspectors General shall, not later than March 15, 2006,
    jointly--
            (A) conduct a second review regarding that GSA Client Support
        Center as described in paragraph (1)(A); and
            (B) determine in writing whether that GSA Client Support Center
        is or is not compliant with defense procurement requirements.
        (b) Compliance With Defense Procurement Requirements.--For the
    purposes of this section, a GSA Client Support Center is compliant with
    defense procurement requirements if the GSA Client Support Center's
    policies, procedures, and internal controls, and the manner in which
    they are administered, are adequate to ensure compliance of that Center
    with the requirements of laws and regulations that apply to
    procurements of property and services made directly by the Department
    of Defense.
        (c) Limitations on Procurements Through GSA Client Support
    Centers.--(1) After March 15, 2005, and before March 16, 2006, no
    official of the Department of Defense may, except as provided in
    subsection (d) or (e), order, purchase, or otherwise procure property
    or services in an amount in excess of $100,000 through any GSA Client
    Support Center for which a determination described in paragraph
    (1)(B)(iii) of subsection (a) has been made under that subsection.
        (2) After March 15, 2006, no official of the Department of Defense
    may, except as provided in subsection (d) or (e), order, purchase, or
    otherwise procure property or services in an amount in excess of
    $100,000 through any GSA Client Support Center that has not been
    determined under this section as being compliant with defense
    procurement requirements.
        (d) Exception From Applicability of Limitations.--(1) No limitation
    applies under subsection (c) with respect to the procurement of
    property and services from a particular GSA Client Support Center
    during any period that there is in effect a determination of the Under
    Secretary of Defense for Acquisition, Technology, and Logistics, made
    in writing, that it is necessary in the interest of the Department of
    Defense to continue to procure property and services through that GSA
    Client Support Center.
        (2) A written determination with respect to a GSA Client Support
    Center under paragraph (1) is in effect for the period, not in excess
    of one year, that the Under Secretary of Defense for Acquisition,
    Technology, and Logistics shall specify in the written determination.
    The Under Secretary may extend from time to time, for up to one year at
    a time, the period for which the written determination remains in
    effect.
        (e) Termination of Applicability of Limitations.--Subsection (c)
    shall cease to apply to a GSA Client Support Center on the date on
    which the Inspector General of the Department of Defense and the
    Inspector General of the General Services Administration jointly
    determine that such Center is compliant with defense procurement
    requirements and notify the Secretary of Defense of that determination.
        (f) 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.

    SEC. 803. DEFENSE COMMERCIAL COMMUNICATIONS SATELLITE SERVICES
                  PROCUREMENT PROCESS.

        (a) Requirement for Determination.--The Secretary of Defense shall
    review all potential mechanisms for procuring commercial communications
    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 other departments and agencies of the Federal
        Government, including 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 communications satellite services that is
        in force on the date of the enactment of this Act, including
        through commercial communications satellite service integrators and
        resellers.
            (4) Procurement under the method used as of the date of the
        enactment of this Act, modified with streamlined processes to
        ensure increased efficiency and cost effectiveness.
        (b) Qualified Sources.--A source of commercial communications
    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 communications satellite services
        under a Federal Technology Service contract for the procurement of
        commercial communications 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 communications 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 communications 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 and how the
        guidance will address each recommendation made in the December 2003
        report of the General Accounting Office titled ``Satellite
        Communications: Strategic Approach Needed for DOD's Procurement of
        Commercial Satellite BandWidth'' (GAO-04-206).
        (d) Effective Date.--(1) The Secretary may not enter into a
    contract for commercial communications satellite services (using any
    mechanism reviewed under subsection (a) or otherwise) until the
    expiration of 30 days after the date on which the report described in
    subsection (c) has been received by Congress, unless the Secretary
    determines that such a contract is required to meet urgent national
    security requirements.
        (2) Notwithstanding paragraph (1), the Secretary may issue a task
    order or delivery order under a contract for commercial communications
    satellite services that was awarded before the date of the enactment of
    this Act.

    SEC. 804. 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 into a contract
    for the performance of acquisition functions closely associated with
    inherently governmental functions only if the contracting officer for
    the contract ensures 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 agency addresses any potential organizational
        conflict of interest of the contractor in the performance of the
        functions under the contract, consistent with subpart 9.5 of part 9
        of the Federal Acquisition Regulation and the best interests of the
        Department of Defense.
        ``(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.--Section 2383 of title 10, United States Code
    (as added by subsection (a)), shall apply to contracts entered into on
    or after the date of the enactment of this Act.

    SEC. 805. SUSTAINMENT PLANS FOR EXISTING SYSTEMS WHILE REPLACEMENT
                  SYSTEMS ARE UNDER DEVELOPMENT.

        (a) Existing Systems to Be Maintained While Replacement Systems are
    Under Development.--(1) Chapter 144 of title 10, United States Code, is
    amended by inserting after section 2436 the following new section:

    ``Sec. 2437. Development of major defense acquisition programs:
                sustainment of system to be replaced

        ``(a) Requirement for Sustaining Existing Forces.--(1) The
    Secretary of Defense shall require that, whenever a new major defense
    acquisition program begins development, the defense acquisition
    authority responsible for that program shall develop a plan (to be
    known as a `sustainment plan') for the existing system that the system
    under development is intended to replace. Any such sustainment plan
    shall provide for an appropriate level of budgeting for sustaining the
    existing system until the replacement system to be developed under the
    major defense acquisition program is fielded and assumes the majority
    of responsibility for the mission of the existing system. This section
    does not apply to a major defense acquisition that reaches initial
    operational capability before October 1, 2008.
        ``(2) In this section, the term `defense acquisition authority'
    means the Secretary of a military department or the commander of the
    United States Special Operations Command.
        ``(b) Sustainment Plan.--The Secretary of Defense shall require
    that each sustainment plan under this section include, at a minimum,
    the following:
            ``(1) The milestone schedule for the development of the major
        defense acquisition program, including the scheduled dates for low-
        rate initial production, initial operational capability, full-rate
        production, and full operational capability and the date as of when
        the replacement system is scheduled to assume the majority of
        responsibility for the mission of the existing system.
            ``(2) An analysis of the existing system to assess the
        following:
                ``(A) Anticipated funding levels necessary to--
                    ``(i) ensure acceptable reliability and availability
                rates for the existing system; and
                    ``(ii) maintain mission capability of the existing
                system against the relevant threats.
                ``(B) The extent to which it is necessary and appropriate
            to--
                    ``(i) transfer mature technologies from the new system
                or other systems to enhance the mission capability of the
                existing system against relevant threats; and
                    ``(ii) provide interoperability with the new system
                during the period from initial fielding until the new
                system assumes the majority of responsibility for the
                mission of the existing system.
        ``(c) Exceptions.--Subsection (a) shall not apply to a major
    defense acquisition program if the Secretary of Defense determines
    that--
            ``(1) the existing system is no longer relevant to the mission;
            ``(2) the mission has been eliminated;
            ``(3) the mission has been consolidated with another mission in
        such a manner that another existing system can adequately meet the
        mission requirements; or
            ``(4) the duration of time until the new system assumes the
        majority of responsibility for the existing system's mission is
        sufficiently short so that mission availability, capability,
        interoperability, and force protection requirements are maintained.
        ``(d) Waiver.--The Secretary of Defense may waive the applicability
    of subsection (a) to a major defense acquisition program if the
    Secretary determines that, but for such a waiver, the Department would
    be unable to meet national security objectives. Whenever the Secretary
    makes such a determination and authorizes such a waiver, the Secretary
    shall submit notice of such waiver and of the Secretary's determination
    and the reasons therefor in writing to the congressional defense
    committees.''.
        (2) The table of sections at the beginning of such chapter is
    amended by inserting after the item relating to section 2436 the
    following new item:

    ``2437. Development of major defense acquisition programs: sustainment
              of system to be replaced.''.

        (b) Application to Existing Programs in Development.--Section 2437
    of title 10, United States Code, as added by subsection (a), shall
    apply with respect to a major defense acquisition program for a system
    that is under development as of the date of the enactment of this Act
    and is not expected to reach initial operational capability before
    October 1, 2008. The Secretary of Defense shall require that a
    sustainment plan under that section be developed not later than one
    year after the date of the enactment of this Act for the existing
    system that the system under development is intended to replace.

    SEC. 806. 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. 807. INFLATION ADJUSTMENT OF ACQUISITION-RELATED DOLLAR
                  THRESHOLDS.

        (a) Inflation Adjustment Authority.--(1) The Office of Federal
    Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by inserting
    after section 35 the following new section:

    ``SEC. 35A. INFLATION ADJUSTMENT OF ACQUISITION-RELATED DOLLAR
                  THRESHOLDS.

        ``(a) Requirement for Periodic Adjustment.--(1) On October 1 of
    each year that is evenly divisible by five, the Federal Acquisition
    Regulatory Council shall adjust each acquisition-related dollar
    threshold provided by law, as described in subsection (c), to the
    baseline constant dollar value of that threshold.
        ``(2) For the purposes of paragraph (1), the baseline constant
    dollar value--
            ``(A) for a dollar threshold in effect on October 1, 2000, that
        was first specified in a law that took effect on or before such
        date shall be the October 1, 2000, constant dollar value of that
        dollar threshold; and
            ``(B) for a dollar threshold specified in a law that takes
        effect after October 1, 2000, shall be the constant dollar value of
        that threshold as of the effective date of that dollar threshold
        pursuant to such law.
        ``(b) Adjustments Effective Upon Publication.--The Federal
    Acquisition Regulatory Council shall publish a notice of the adjusted
    dollar thresholds under this section in the Federal Register. The
    adjusted dollar thresholds shall take effect on the date of
    publication.
        ``(c) Acquisition-Related Dollar Thresholds.--Except as provided in
    subsection (d), the requirement for adjustment under subsection (a)
    applies to a dollar threshold that is specified in law as a factor in
    defining the scope of the applicability of a policy, procedure,
    requirement, or restriction provided in that law to the procurement of
    property or services by an executive agency, as determined by the
    Federal Acquisition Regulatory Council.
        ``(d) Excluded Thresholds.--Subsection (a) does not apply to--
            ``(1) dollar thresholds in sections 3141 through 3144, 3146,
        and 3147 of title 40, United States Code;
            ``(2) dollar thresholds in the Service Contract Act of 1965 (41
        U.S.C. 351, et seq.); or
            ``(3) dollar thresholds established by the United States Trade
        Representative pursuant to title III of the Trade Agreements Act of
        1979 (19 U.S.C. 2511 et seq.).
        ``(e) Calculation of Adjustments.--An adjustment under this section
    shall--
            ``(1) be calculated on the basis of changes in the Consumer
        Price Index for all-urban consumers published monthly by the
        Department of Labor; and
            ``(2) be rounded--
                ``(A) in the case of a dollar threshold that (as in effect
            on the day before the adjustment) is less than $10,000, to the
            nearest $500;
                ``(B) in the case of a dollar threshold that (as in effect
            on the day before the adjustment) is not less than $10,000, but
            is less than $100,000, to the nearest $5,000;
                ``(C) in the case of a dollar threshold that (as in effect
            on the day before the adjustment) is not less than $100,000,
            but is less than $1,000,000, to the nearest $50,000; and
                ``(D) in the case of a dollar threshold that (as in effect
            on the day before the adjustment) is $1,000,000 or more, to the
            nearest $500,000.
        ``(f) Petition for Inclusion of Omitted Threshold.--(1) If a dollar
    threshold adjustable under this section is not included in a notice of
    adjustment published under subsection (b), any person may request
    adjustment of that dollar threshold by submitting a petition for
    adjustment to the Administrator for Federal Procurement Policy.
        ``(2) Upon receipt of a petition for adjustment of a dollar
    threshold under paragraph (1), the Administrator shall--
            ``(A) determine, in writing, whether that dollar threshold is
        required to be adjusted under this section; and
            ``(B) if so, shall publish in the Federal Register a revised
        notice of the adjusted dollar thresholds under this section that
        includes the adjustment of the dollar threshold covered by the
        petition.
        ``(3) The adjustment of a dollar threshold pursuant to a petition
    under this subsection shall take effect on the date of the publication
    of the revised notice adding the adjustment of that dollar threshold
    under paragraph (2)(B).''.
        (2) The table of contents in section 1(b) of such Act is amended by
    inserting after the item relating to section 35 the following new item:

    ``Sec. 35A. Inflation adjustment of acquisition-related dollar
              thresholds.''.

        (b) Definition of Federal Acquisition Regulatory Council.--Section
    4 of such Act is amended by adding at the end the following new
    paragraph:
            ``(17) The term `Federal Acquisition Regulatory Council' means
        the Federal Acquisition Regulatory Council established under
        section 25.''.
        (c) Relationship to Other Inflation Adjustment Authorities.--(1)
    Section 35A of the Office of Federal Procurement Policy Act, as added
    by subsection (a), supersedes the applicability of any other provision
    of law that provides for the adjustment of a dollar threshold that is
    adjustable under such section.
        (2) After the date of the enactment of this Act, a dollar threshold
    adjustable under section 35A of the Office of Federal Procurement
    Policy Act, as added by subsection (a), shall be adjusted only as
    provided under that section.

    Subtitle B--Amendments to General Contracting Authorities, Procedures,
                                and Limitations

    SEC. 811. RAPID ACQUISITION AUTHORITY TO RESPOND TO COMBAT EMERGENCIES.

        Section 806 of the Bob Stump National Defense Authorization Act for
    Fiscal Year 2003 (10 U.S.C. 2302 note) is amended--
            (1) by redesignating subsections (c) and (d) as subsections (e)
        and (f), respectively; and
            (2) by inserting after subsection (b) the following new
        subsections (c) and (d):
        ``(c) Response to Combat Emergencies.--(1) In the case of any
    equipment that, as determined in writing by the Secretary of Defense
    without delegation, is urgently needed to eliminate a combat capability
    deficiency that has resulted in combat fatalities, the Secretary shall
    use the procedures developed under this section in order to accomplish
    the rapid acquisition and deployment of the needed equipment.
        ``(2)(A) Whenever the Secretary makes a determination under
    paragraph (1) that certain equipment is urgently needed to eliminate a
    combat capability deficiency that has resulted in combat fatalities,
    the Secretary shall designate a senior official of the Department of
    Defense to ensure that the needed equipment is acquired and deployed as
    quickly as possible, with a goal of awarding a contract for the
    acquisition of the equipment within 15 days.
        ``(B) Upon designation of a senior official under subparagraph (A),
    the Secretary shall authorize that official to waive any provision of
    law, policy, directive, or regulation described in subsection (d) that
    such official determines in writing would unnecessarily impede the
    rapid acquisition and deployment of the needed equipment. In a case in
    which the needed equipment cannot be acquired without an extensive
    delay, the senior official shall require that an interim solution be
    implemented and deployed using the procedures developed under this
    section to minimize the combat capability deficiency and combat
    fatalities.
        ``(3) The authority of this section may not be used to acquire
    equipment in an amount aggregating more than $100,000,000 during any
    fiscal year. For acquisitions of equipment under this section during
    the fiscal year in which the Secretary makes the determination
    described in paragraph (1) with respect to such equipment, the
    Secretary may use any funds available to the Department of Defense for
    that fiscal year.
        ``(4) The Secretary of Defense shall notify the congressional
    defense committees within 15 days after each determination made under
    paragraph (1). Each such notice shall identify--
            ``(A) the equipment to be acquired;
            ``(B) the amount anticipated to be expended for the
        acquisition; and
            ``(C) the source of funds for the acquisition.
        ``(5) Any acquisition initiated under this subsection shall
    transition to the normal acquisition system not later than two years
    after the date on which the Secretary makes the determination described
    in paragraph (1) with respect to that equipment.
        ``(d) Waiver of Certain Statues and Regulations.--(1) Upon a
    determination described in subsection (c)(1), the senior official
    designated in accordance with subsection (c)(2) with respect to that
    designation is authorized to waive any provision of law, policy,
    directive or regulation addressing--
            ``(A) the establishment of the requirement for the equipment;
            ``(B) the research, development, test, and evaluation of the
        equipment; or
            ``(C) the solicitation and selection of sources, and the award
        of the contract, for procurement of the equipment.
        ``(2) Nothing in this subsection authorizes the waiver of--
            ``(A) the requirements of this section or the regulations
        implementing this section; or
            ``(B) any provision of law imposing civil or criminal
        penalties.''.

    SEC. 812. DEFENSE ACQUISITION WORKFORCE IMPROVEMENTS.

        (a) Selection Criteria for Acquisition Corps and for Critical
    Acquisition Positions.--(1) Section 1732(b) of title 10, United States
    Code, is amended by striking paragraph (1) and redesignating paragraphs
    (2), (3), and (4) as paragraphs (1), (2), and (3), respectively.
        (2) Section 1733(b)(1) of title 10, United States Code, is amended
    in subparagraph (A) by striking ``in a position within grade GS-14 or
    above of the General Schedule,'' and inserting ``in a senior position
    in the National Security Personnel System, as determined in accordance
    with guidelines prescribed by the Secretary,''.
        (b) Scholarship Program Requirements.--Section 1742 of such title
    is amended--
            (1) by inserting ``(a) Programs.--'' at the beginning of the
        text; and
            (2) by adding at the end the following new subsection:
        ``(b) Scholarship Program Requirements.--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 be in a form
    prescribed by the Secretary and shall include terms and conditions,
    including terms and conditions addressing reimbursement in the event
    that a recipient fails to fulfill the requirements of the agreement,
    that are comparable to those set forth as a condition for providing
    advanced education assistance under section 2005. The obligation to
    reimburse the United States under an agreement under this subsection
    is, for all purposes, a debt owing the United States.''.
        (c) Authority to Establish 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)''.

    SEC. 813. 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 10 years
    unless such head of an agency 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 10 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. 814. FUNDING FOR CONTRACT CEILINGS FOR CERTAIN MULTIYEAR
                  PROCUREMENT CONTRACTS.

        (a) Multiyear Contracts Relating to Property.--Section 2306b(g) of
    title 10, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Before any'';
            (2) by striking ``Committee'' through ``House of
        Representatives'' and inserting ``congressional defense
        committees''; and
            (3) by adding at the end the following new paragraph:
        ``(2) In the case of a contract described in subsection (a) with a
    cancellation ceiling described in paragraph (1), if the budget for the
    contract does not include proposed funding for the costs of contract
    cancellation up to the cancellation ceiling established in the
    contract, the head of the agency concerned shall, as part of the
    certification required by subsection (i)(1)(A), give written
    notification to the congressional defense committees of--
            ``(A) the cancellation ceiling amounts planned for each program
        year in the proposed multiyear procurement contract, together with
        the reasons for the amounts planned;
            ``(B) the extent to which costs of contract cancellation are
        not included in the budget for the contract; and
            ``(C) a financial risk assessment of not including budgeting
        for costs of contract cancellation.''.
        (b) Multiyear Contracts Relating to Services.--Section 2306c(d) of
    title 10, United States Code, is amended--
            (1) in paragraphs (1), (3), and (4), by striking ``committees
        of Congress named in paragraph (5)'' and inserting ``congressional
        defense committees'' each place it appears; and
            (2) by amending paragraph (5) to read as follows:
        ``(5) In the case of a contract described in subsection (a) with a
    cancellation ceiling described in paragraph (4), if the budget for the
    contract does not include proposed funding for the costs of contract
    cancellation up to the cancellation ceiling established in the
    contract, the head of the agency concerned shall give written
    notification to the congressional defense committees of--
            ``(A) the cancellation ceiling amounts planned for each program
        year in the proposed multiyear procurement contract, together with
        the reasons for the amounts planned;
            ``(B) the extent to which costs of contract cancellation are
        not included in the budget for the contract; and
            ``(C) a financial risk assessment of not including budgeting
        for costs of contract cancellation.''.

    SEC. 815. INCREASED THRESHOLD FOR 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''.

    SEC. 816. INCREASED THRESHOLD FOR APPLICABILITY OF REQUIREMENT FOR
                  DEFENSE CONTRACTORS TO PROVIDE INFORMATION ON
                  SUBCONTRACTING AUTHORITY OF CONTRACTOR PERSONNEL TO
                  COOPERATIVE AGREEMENT HOLDERS.

        Section 2416(d) of title 10, United States Code, is amended by
    striking ``$500,000'' and inserting ``$1,000,000''.

    SEC. 817. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION
                  PROCEDURES.

        Section 4202(e) of the Clinger-Cohen Act (division D of Public Law
    104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended by striking
    ``January 1, 2006'' and inserting ``January 1, 2008''.

    SEC. 818. 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 or 5 percent
        of the total price of the contract, whichever is greater.
            ``(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 June 1, 2005, and shall apply with respect to
    offers submitted, and to modifications of contracts or subcontracts
    made, on or after that date.

    SEC. 819. 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. 820. 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. 821. ADDITION OF LANDSCAPING AND PEST CONTROL SERVICES TO LIST OF
                  DESIGNATED INDUSTRY GROUPS PARTICIPATING IN THE SMALL
                  BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM.

        (a) In General.--Subsection (a) of section 717 of the Small
    Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C.
    644 note) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) landscaping and pest control services.''.
        (b) Landscaping and Pest Control Services.--Section 717 of the
    Small Business Competitiveness Demonstration Program Act of 1988 (15
    U.S.C. 644 note) is amended--
            (1) by redesignating subsection (e) as subsection (f), and
            (2) by inserting after subsection (d) the following new
        subsection:
        ``(e) Landscaping and Pest Control Services.--Landscaping and pest
    control services shall include contract awards assigned to North
    American Industrial Classification Code 561710 (relating to
    exterminating and pest control services) or 561730 (relating to
    landscaping services).''.

    SEC. 822. INCREASED THRESHOLDS UNDER SPECIAL EMERGENCY PROCUREMENT
                  AUTHORITY.

        Section 32A(b) of the Office of Federal Procurement Policy Act (41
    U.S.C. 428a(b)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) the amount specified in subsections (c), (d), and (f) of
        section 32 shall be deemed to be--
                ``(A) $15,000 in the case of any contract to be awarded and
            performed, or purchase to be made, inside the United States;
            and
                ``(B) $25,000 in the case of any contract to be awarded and
            performed, or purchase to be made, outside the United States;
            and''; and
            (2) in paragraph (2)(B), by striking ``$500,000'' and inserting
        ``$1,000,000''.

          Subtitle C--United States Defense Industrial Base Provisions

    SEC. 831. DEFENSE TRADE RECIPROCITY.

        (a) Policy.--It is the policy of Congress that procurement
    regulations used in the conduct of trade in defense articles and
    defense services should be based on the principle of fair trade and
    reciprocity consistent with United States national security, including
    the need to ensure comprehensive manufacturing capability in the United
    States defense industrial base.
        (b) Requirement.--The Secretary of Defense shall make every effort
    to ensure that the policies and practices of the Department of Defense
    reflect the goal of establishing an equitable trading relationship
    between the United States and its foreign defense trade partners,
    including ensuring that United States firms and United States
    employment in the defense sector are not disadvantaged by unilateral
    procurement practices by foreign governments, such as the imposition of
    offset agreements in a manner that undermines the United States defense
    industrial base. In pursuing this goal, the Secretary shall--
            (1) develop a comprehensive defense acquisition trade policy
        that provides the necessary guidance and incentives for the
        elimination of any adverse effects of offset agreements in defense
        trade; and
            (2) review and make necessary modifications to existing
        acquisition policies and strategies, and review and seek to make
        necessary modifications to existing memoranda of understanding,
        cooperative project agreements, or related agreements with foreign
        defense trade partners, to reflect this goal.
        (c) Regulations.--The Secretary shall prescribe regulations to
    implement this section in the Department of Defense supplement to the
    Federal Acquisition Regulation.
        (d) Definitions.--In this section:
            (1) The term ``foreign defense trade partner'' means a foreign
        country with respect to which there is--
                (A) a memorandum of understanding or related agreement
            described in section 2531(a) of title 10, United States Code;
            or
                (B) a cooperative project agreement described in section 27
            of the Arms Export Control Act (22 U.S.C. 2767).
            (2) The term ``offset agreement'' has the meaning provided that
        term by section 36(e) of the Arms Export Control Act (22 U.S.C.
        2776(e)).
            (3) The terms ``defense article'' and ``defense service'' have
        the meanings provided those terms by section 47(7) of the Arms
        Export Control Act (22 U.S.C. 2794(7)).

    SEC. 832. ASSESSMENT AND REPORT ON THE ACQUISITION OF POLYACRYLONITRILE
                  (PAN) CARBON FIBER FROM FOREIGN SOURCES.

        (a) Requirement.--The Secretary of Defense shall delay the phase-
    out of the restriction on acquisition of polyacrylonitrile (PAN) carbon
    fiber from foreign sources (described in subpart 225.7103 of the
    Department of Defense supplement to the Federal Acquisition Regulation)
    until an assessment of PAN carbon fiber industry is completed and 30
    days have passed after submission of the report required under
    subsection (c).
        (b) Assessment.--The Secretary of Defense shall perform a
    assessment of the domestic and international industrial structure that
    produces PAN carbon fibers, current and anticipated market trends for
    the product, and how the trends compare to the assessment as reported
    by the Secretary of Defense in January 2001.
        (c) Report required.--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 assessment performed under subsection
    (b) and on any decision made to maintain or discontinue the phase-out
    of procurement restrictions on foreign acquisition of PAN carbon fibers
    in the Department of Defense supplement to the Federal Acquisition
    Regulation.

            Subtitle D--Extensions of Temporary Program Authorities

    SEC. 841. EXTENSION OF MENTOR-PROTEGE PROGRAM.

        (a) Extension of Program.--Subsection (j) of 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 paragraph (1), by striking ``September 30, 2005'' and
        inserting ``September 30, 2010''; and
            (2) in paragraph (2), by striking ``September 30, 2008'' and
        inserting ``September 30, 2013''.
        (b) Extension of Requirement for Annual Report.--Subsection (l)(3)
    of such section is amended by striking ``2007'' and inserting ``2010''.
        (c) Additional Feasibility Review of Transition to Other Financing
    Methods.--(1) The Secretary of Defense shall conduct an additional
    review of the Mentor-Protege Program under section 811(d)(2) of the
    National Defense Authorization Act for Fiscal Year 2000 (Public Law
    106-65; 113 Stat. 708).
        (2) Not later than September 30, 2005, the Secretary shall submit
    to the Committees on Armed Services of the Senate and the House of
    Representatives--
            (A) a report on the results of the review conducted under
        paragraph (1); and
            (B) any recommendations of the Secretary for legislative
        action.
        (d) Additional Study of Program Implementation.--(1) The
    Comptroller General shall conduct an additional study of the Mentor-
    Protege Program under section 811(d)(3) of the National Defense
    Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
    709).
        (2) Not later than September 30, 2006, the Comptroller General
    shall submit a report on the results of the study conducted under
    paragraph (1) to the Committees on Armed Services of the Senate and the
    House of Representatives.

    SEC. 842. AMENDMENT TO MENTOR-PROTEGE 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. 843. 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. 844. 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 E--Other Acquisition Matters

    SEC. 851. REVIEW AND DEMONSTRATION PROJECT RELATING TO CONTRACTOR
                  EMPLOYEES.

        (a) General Review.--(1) The Secretary of Defense shall conduct a
    review of policies, procedures, practices, and penalties of the
    Department of Defense relating to employees of defense contractors for
    purposes of ensuring that the Department of Defense is in compliance
    with Executive Order No. 12989 (relating to a prohibition on entering
    into contracts with contractors that are not in compliance with the
    Immigration and Nationality Act).
        (2) In conducting the review, the Secretary shall--
            (A) identify potential weaknesses and areas for improvement in
        existing policies, procedures, practices, and penalties;
            (B) develop and implement reforms to strengthen, upgrade, and
        improve policies, procedures, practices, and penalties of the
        Department of Defense and its contractors; and
            (C) review and analyze reforms developed pursuant to this
        paragraph to identify for purposes of national implementation those
        which are most efficient and effective.
        (3) The review under this subsection shall be completed not later
    than 180 days after the date of the enactment of this Act.
        (b) Demonstration Project.--The Secretary of Defense shall conduct
    a demonstration project in accordance with this section, in one or more
    regions selected by the Secretary, for purposes of promoting greater
    contracting opportunities for contractors offering effective, reliable
    staffing plans to perform defense contracts that ensure all contract
    personnel employed for such projects, including management employees,
    professional employees, craft labor personnel, and administrative
    personnel, are lawful residents or persons properly authorized to be
    employed in the United States and properly qualified to perform
    services required under the contract. The demonstration project shall
    focus on contracts for construction, renovation, maintenance, and
    repair services for military installations.
        (c) Demonstration Project Procurement Procedures.--As part of the
    demonstration project under subsection (b), the Secretary of Defense
    may conduct a competition in which there is a provision in contract
    solicitations and request for proposal documents to require significant
    weight or credit be allocated to--
            (1) reliable, effective workforce programs offered by
        prospective contractors that provide background checks and other
        measures to ensure the contractor is in compliance with the
        Immigration and Nationality Act; and
            (2) reliable, effective project staffing plans offered by
        prospective contractors that specify for all contract employees
        (including management employees, professionals, and craft labor
        personnel) the skills, training, and qualifications of such persons
        and the labor supply sources and hiring plans or procedures used
        for employing such persons.
        (d) Implementation of Demonstration Project.--The Secretary of
    Defense shall begin operation of the demonstration project required
    under this section after completion of the review under subsection (a),
    but in no event later than 270 days after the date of the enactment of
    this Act.
        (e) Report on Demonstration Project.--Not later than six months
    after award of a contract under the demonstration project, the
    Secretary of Defense shall submit to the Committees on Armed Services
    of the Senate and House of Representatives a report setting forth a
    review of the demonstration project and recommendations on the actions,
    if any, that can be implemented to ensure compliance by the Department
    of Defense with Executive Order No. 12989.
        (f) Definition.--In this section, the term ``military
    installation'' means a base, camp, post, station, yard, center,
    homeport facility for any ship, or other activity under the
    jurisdiction of the Department of Defense, including any leased
    facility, which is located within any of the several States, the
    District of Columbia, the Commonwealth of Puerto Rico, American Samoa,
    the Virgin Islands, or Guam. Such term does not include any facility
    used primarily for civil works, rivers and harbors projects, or flood
    control projects.

    SEC. 852. 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. 853. CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES.

        (a) Inapplicability of Randolph-Sheppard Act to Mess Hall Services
    Under Existing Javits-Wagner-O'Day Act Contracts.--(1) The Randolph-
    Sheppard Act (20 U.S.C. 107 et seq.) does not apply to any contract
    described in paragraph (2) 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.
        (2) Paragraph (1) applies to any contract for the operation of all
    or any part 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--
            (A) was entered into before September 30, 2005, with a
        qualified nonprofit agency for the blind or a qualified nonprofit
        agency for other severely handicapped in compliance with section 3
        of the Javits-Wagner-O'Day Act (41 U.S.C. 48); and
            (B) either--
                (i) is in effect on such date; or
                (ii) was in effect on November 24, 2003.
        (b) Inapplicability of Javits-Wagner-O'Day Act to Mess Hall
    Services Under Existing Randolph-Sheppard Act Contracts.--(1) The
    Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.) does not apply to any
    contract described in paragraph (2) 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.
        (2) Paragraph (1) applies to any contract for the operation of all
    or any part 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--
            (A) was entered into before September 30, 2005, with a State
        licensing agency under the Randolph-Sheppard Act (20 U.S.C. 107 et
        seq.); and
            (B) either--
                (i) is in effect on such date; or
                (ii) was in effect on November 24, 2003.
        (3) In this subsection, the term ``State licensing agency'' means
    an agency designated under section 2(a)(5) of the Randolph-Sheppard Act
    (20 U.S.C. 107a(a)(5)).
        (c) Repeal of Superseded Law.--Subsections (a) and (b) of section
    852 of the National Defense Authorization Act for Fiscal Year 2004
    (Public Law 108-136; 117 Stat. 1556) are repealed.

    SEC. 854. DEFENSE PROCUREMENTS MADE THROUGH CONTRACTS OF OTHER
                  AGENCIES.

        (a) Limitation.--The head of an agency may not procure goods or
    services (under section 1535 of title 31, United States Code, pursuant
    to a designation under section 11302(e) of title 40, United States
    Code, or otherwise) through a contract entered into by an agency
    outside the Department of Defense for an amount greater than the
    simplified acquisition threshold referred to in section 2304(g) of
    title 10, United States Code, unless the procurement is done in
    accordance with procedures prescribed by that head of an agency for
    reviewing and approving the use of such contracts.
        (b) Effective Date.--The limitation in subsection (a) shall apply
    only with respect to orders for goods or services that are issued by
    the head of an agency to an agency outside the Department of Defense on
    or after the date that is 180 days after the date of the enactment of
    this Act.
        (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, United States Code, 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) Annual Report.--(1) For each of fiscal years 2005 and 2006,
    each head of an agency shall submit to the Secretary of Defense a
    report on the service charges imposed on purchases made for an amount
    greater than the simplified acquisition threshold during such fiscal
    year through a contract entered into by an agency outside the
    Department of Defense.
        (2) In the case of procurements made on orders issued by the head
    of a Defense Agency, Department of Defense Field Activity, or any other
    organization within the Department of Defense (other than a military
    department) under the authority of the Secretary of Defense as the head
    of an agency, the report under paragraph (1) shall be submitted by the
    head of that Defense Agency, Department of Defense Field Activity, or
    other organization, respectively.
        (3) The report for a fiscal year under this subsection shall be
    submitted not later than December 31 of the calendar year in which such
    fiscal year ends.
        (e) Definitions.--In this section:
            (1) The term ``head of an agency'' means the Secretary of
        Defense, the Secretary of the Army, the Secretary of the Navy, the
        Secretary of the Air Force.
            (2) The term ``Defense Agency'' has the meaning given such term
        in section 101(a)(11) of title 10, United States Code.
            (3) The term ``Department of Defense Field Activity'' has the
        meaning given such term in section 101(a)(12) of such title.

    SEC. 855. REQUIREMENTS RELATING TO SOURCE SELECTION FOR INTEGRATED
                  SUPPORT OF AERIAL REFUELING AIRCRAFT FLEET FOR THE AIR
                  FORCE.

        For the selection of a provider of integrated support for the
    aerial refueling aircraft fleet in any acquisition 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 in accordance with the procedures under
        the provisions of law referred to as the Competition in Contracting
        Act.

          TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

            Subtitle A--Duties and Functions of Department of Defense

    Sec. 901. Study of roles and authorities of the Director of Defense
              Research and Engineering.
    Sec. 902. Change of membership of specified council.

                          Subtitle B--Space Activities

    Sec. 911. Space posture review.
    Sec. 912. Panel on the future of national security space launch.
    Sec. 913. Operationally responsive national security satellites.
    Sec. 914. Nondisclosure of certain products of commercial satellite
              operations.

                    Subtitle C--Intelligence-Related Matters

    Sec. 921. Two-year extension of authority of the Secretary of Defense to
              engage in commercial activities as security for intelligence
              collection activities abroad.
    Sec. 922. Pilot program on cryptologic service training.

                            Subtitle D--Other Matters

    Sec. 931. Strategic plan for destruction of lethal chemical agents and
              munitions stockpile.
    Sec. 932. Secretary of Defense criteria for and guidance on
              identification and internal transmission of critical
              information.

           Subtitle A--Duties and Functions of Department of Defense

    SEC. 901. 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 subsection (a) 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.
                    (ix) The development of new technologies in support of
                the transformation of the Armed Forces.
            (3) An examination of the duties of the Director as the Chief
        Technology Officer of the Department of Defense as prescribed by
        Department of Defense Directive 5134.3, dated November 3, 2003,
        especially in comparison to the duties of similar positions in the
        Federal Government and industry.
            (4) An examination of any other matter that the Secretary
        considers appropriate for the study.
        (c) Report.--(1) Not later than February 1, 2006, 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 results of the study under this section.
        (2) The report shall include recommendations regarding the
    appropriate roles and authorities that should be assigned and resources
    that should be provided to the Director of Defense Research and
    Engineering.
        (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 subsection (a) and in preparing the report under
    subsection (c).

    SEC. 902. CHANGE OF MEMBERSHIP OF SPECIFIED COUNCIL.

        (a) Membership of Council Under Section 179.--Subsection (a) of
    section 179 of title 10, United States Code, is amended by adding at
    the end the following new paragraph:
            ``(4) The Under Secretary of Defense for Policy.''.
        (b) Conforming and Clarifying Amendments.--Such subsection is
    further amended in the matter preceding paragraph (1)--
            (1) by striking ``Joint''; and
            (2) by striking ``composed of three members as follows:'' and
        inserting ``operated as a joint activity of the Department of
        Defense and the Department of Energy. The membership of the Council
        is comprised of the following officers of those departments:''.
        (c) Other Technical and Clarifying Amendments.--Such section is
    further amended as follows:
            (1) Subsection (c)(3)(B) is amended by striking ``appointed''
        and inserting ``designated''.
            (2) Subsection (e) is amended by striking ``In addition'' and
        all that follows through ``also'' and inserting ``The Council
        shall''.
            (3) Subsection (f) is amended by striking ``Committee on'' the
        first place it appears and all that follows through
        ``Representatives'' and inserting ``congressional defense
        committees''.
        (d) Stylistic Amendments.--Such section is further amended as
    follows:
            (1) Subsection (a) is amended by inserting ``Establishment;
        Membership.--'' after ``(a)''.
            (2) Subsection (b) is amended by inserting ``Chairman;
        Meetings.--'' after ``(b)''.
            (3) Subsection (c) is amended by inserting ``Staff and
        Administrative Services; Staff Director.--'' after ``(c)''.
            (4) Subsection (d) is amended by inserting
        ``Responsibilities.--'' after ``(d)''.
            (5) Subsection (e) is amended by inserting ``Report on
        Difficulties Relating to Safety or Reliability.--'' after ``(e)''.
            (6) Subsection (f) is amended by inserting ``Annual Report.--''
        after ``(f)''.
        (e) Further Conforming Amendments.--Section 3212(e) of the National
    Nuclear Security Administration Act (50 U.S.C. 2402(e)) is amended--
            (1) by striking ``Joint'' in the subsection heading; and
            (2) by striking ``Joint''.

                          Subtitle B--Space Activities

    SEC. 911. 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 definition, policy, requirements, and objectives for
        each of the following:
                (A) Space situational awareness.
                (B) Space control.
                (C) Space superiority, including defensive and offensive
            counterspace.
                (D) Force enhancement and force application.
                (E) Space-based intelligence, surveillance, and
            reconnaissance from space.
                (F) Any other matter the Secretary considers relevant to
            understanding the United States space posture.
            (2) Current and planned space acquisition programs that are in
        acquisition categories 1 and 2, including how each such program
        will address the policy, requirements, and objectives described
        under each of subparagraphs (A) through (F) of paragraph (1).
            (3) Future space systems and technology development (other than
        those in development as of the date of the enactment of this Act)
        necessary to address the policy, requirements, and objectives
        described under each of subparagraphs (A) through (F) of paragraph
        (1).
            (4) The relationship among--
                (A) United States military space policy;
                (B) national security space policy;
                (C) national security space objectives; and
                (D) arms control policy.
            (5) Effect of United States military and national security
        space policy on the proliferation of weapons capable of targeting
        objects in space or objects on Earth from space.
        (c) Reports.--(1) Not later than March 15, 2005, the Secretary of
    Defense shall submit to the congressional committees specified in
    paragraph (4) an interim report on the review conducted under
    subsection (a).
        (2) Not later than December 31, 2005, the Secretary shall submit to
    those committees a final report on that 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 be submitted to the
    Committee on Armed Services and the Select Committee on Intelligence of
    the Senate and the Committee on Armed Services and the Permanent Select
    Committee on Intelligence of the House of Representatives.
        (d) Joint Undertaking With the Director of Central Intelligence (or
    Successor).--The Secretary of Defense shall conduct the review under
    this section, and shall submit the reports under subsection (c),
    jointly with the Director of Central Intelligence (or any successor
    official who has responsibility for management of the intelligence
    community).
        (e) Posture Review Period.--In this section, the term ``posture
    review period'' means the 10-year period beginning on the first day of
    the first month beginning more than one year after the date of the
    enactment of this Act.

    SEC. 912. PANEL ON THE FUTURE OF NATIONAL SECURITY 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 national security space launch
    requirements of the United States, including means of meeting those
    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 national security space launch requirements of the United
    States, including the means of meeting those requirements.
        (2) The review and assessment shall take into account the following
    matters:
            (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 the implications of payloads 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 national security space
    launch requirements over each of the 5-year, 10-year, and 15-year
    periods beginning with 2005.
        (d) Information From Federal and State Agencies.--(1) The panel may
    secure directly from the Department of Defense, from any other
    department or agency of the Federal Government, and any State
    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
        national security 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 national security space launch requirements of the
        United States.
        (f) Termination.--The panel shall terminate 16 months after the
    date of the first meeting of the panel under subsection (b)(4).
        (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. 913. OPERATIONALLY RESPONSIVE NATIONAL SECURITY 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 and
                buses: separate program element required

        ``(a) Requirement for Program Element.--The Secretary of Defense
    shall ensure that, within budget program elements for space programs of
    the Department of Defense, there is a separate, dedicated program
    element for operationally responsive national security payloads and
    buses of the Department of Defense for space satellites and that
    programs and activities for such payloads and buses are planned,
    programmed, and budgeted for through that 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 of the
    Department of Defense.
        ``(c) Definition of Operationally Responsive.--In this section, the
    term `operationally responsive', with respect to a national security
    payload and bus for a space satellite, means an experimental or
    operational payload and bus with a weight 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 and buses:
              separate program element required.''.

        (b) Time for Implementation.--Subsection (a) of section 2273a of
    title 10, United States Code, as added by subsection (a), shall apply
    with respect to fiscal years after fiscal year 2005.

    SEC. 914. NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL SATELLITE
                  OPERATIONS.

        (a) Mandatory Disclosure Requirements Inapplicable.--The
    requirements to make information available under section 552 of title
    5, United States Code, shall not apply to land remote sensing
    information.
        (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 United States Government-approved
            customers for reasons of national security pursuant to the
            terms of an operating license issued pursuant to 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 and which is prohibited from sale to customers other than
        the United States Government and United States Government-approved
        customers for reasons of national security pursuant to the terms of
        an operating license described in paragraph (1)(B).
        (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, local, or tribal government may not be made
    available to the general public under any State, local, or tribal 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, local, or tribal government shall take such actions,
    commensurate with the sensitivity of that information, as are necessary
    to protect that information from disclosure other than in accordance
    with this section and other applicable law.
        (e) Additional Definition.--In this section, the term ``land remote
    sensing'' has the meaning given such term in section 3 of the Land
    Remote Sensing Policy Act of 1992 (15 U.S.C. 5602).
        (f) Disclosure to Congress.--Nothing in this section shall be
    construed to authorize the withholding of information from the
    appropriate committees of Congress.

                    Subtitle C--Intelligence-Related Matters

    SEC. 921. TWO-YEAR EXTENSION OF AUTHORITY OF THE 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. 922. 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 analyst 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.

                           Subtitle D--Other Matters

    SEC. 931. STRATEGIC PLAN FOR DESTRUCTION OF LETHAL CHEMICAL AGENTS AND
                  MUNITIONS STOCKPILE.

        Subsection (d) of section 1412 of the Department of Defense
    Authorization Act, 1986 (50 U.S.C. 1521), is amended to read as
    follows:
        ``(d) Requirement for Strategic Plan.--(1) The Under Secretary of
    Defense for Acquisition, Technology, and Logistics and the Secretary of
    the Army shall jointly prepare, and from time to time shall update as
    appropriate, a strategic plan for future activities for destruction of
    the United States' stockpile of lethal chemical agents and munitions.
        ``(2) The plan shall include, at a minimum, the following
    considerations:
            ``(A) Realistic budgeting for stockpile destruction and related
        support programs.
            ``(B) Contingency planning for foreseeable or anticipated
        problems.
            ``(C) A management approach and associated actions that address
        compliance with the obligations of the United States under the
        Chemical Weapons Convention treaty and that take full advantage of
        opportunities to accelerate destruction of the stockpile.
        ``(3) The Secretary of Defense shall each year submit to the
    Committee on the Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives the strategic plan as
    most recently prepared and updated under paragraph (1). Such submission
    shall be made each year at the time of the submission to the Congress
    that year of the President's budget for the next fiscal year.''.

    SEC. 932. SECRETARY OF DEFENSE CRITERIA FOR AND GUIDANCE ON
                  IDENTIFICATION AND INTERNAL TRANSMISSION OF CRITICAL
                  INFORMATION.

        (a) Criteria for Critical Information.--(1) The Secretary of
    Defense shall establish criteria for determining categories of critical
    information that should be made known expeditiously to senior civilian
    and military officials in the Department of Defense. Those categories
    should be limited to matters of extraordinary significance and
    strategic impact to which rapid access by those officials is essential
    to the successful accomplishment of the national security strategy or a
    major military mission. The Secretary may from time to time modify the
    list to suit the current strategic situation.
        (2) The Secretary shall provide the criteria established under
    paragraph (1) to the Chairman of the Joint Chiefs of Staff, the
    Secretaries of the military departments, the commanders of the unified
    and specified commands, the commanders of deployed forces, and such
    other elements of the Department of Defense as the Secretary considers
    necessary.
        (b) Matters To Be Included.--The criteria established under
    subsection (a) shall include, at a minimum, requirement for
    identification of the following:
            (1) Any incident that may result in a contingency operation,
        based on the incident's nature, gravity, or potential for
        significant adverse consequences to United States citizens,
        military personnel, interests, or assets, including an incident
        that could result in significant adverse publicity having a major
        strategic impact.
            (2) Any event, development, or situation that could be
        reasonably assumed to escalate into an incident described in
        paragraph (1).
            (3) Any deficiency or error in policy, standards, or training
        that could be reasonably assumed to have the effects described in
        paragraph (1).
        (c) Requirements for Transmission of Critical Information.--The
    criteria under subsection (a) shall include such requirements for
    transmission of such critical information to such senior civilian and
    military officials of the Department of Defense as the Secretary of
    Defense considers appropriate.
        (d) Time for Issuance of Criteria.--The Secretary of Defense shall
    establish the criteria required by subsection (a) not later than 120
    days after the date of the enactment of this Act.

                          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. Budget justification documents for operation and maintenance.
    Sec. 1004. Licensing of intellectual property.
    Sec. 1005. Repeal of funding restrictions concerning development of
              medical countermeasures against biological warfare threats.
    Sec. 1006. Report on budgeting for exchange rates for foreign currency
              fluctuations.
    Sec. 1007. Fiscal year 2004 transfer authority.
    Sec. 1008. Clarification of fiscal year 2004 funding level for a
              National Institute of Standards and Technology account.
    Sec. 1009. Notification of fund transfers from working-capital funds.
    Sec. 1010. Charges for Defense Logistics Information Services materials.

                     Subtitle B--Naval Vessels and Shipyards

    Sec. 1011. Authority for award of contracts for ship dismantling on net-
              cost basis.
    Sec. 1012. Use of proceeds from exchange and sale of obsolete navy
              service craft and boats.
    Sec. 1013. Transfer of naval vessels to certain foreign recipients.
    Sec. 1014. Independent study to assess cost effectiveness of the Navy
              ship construction program.
    Sec. 1015. Limitation on disposal of obsolete naval vessel.

                         Subtitle C--Counterdrug Matters

    Sec. 1021. Use of funds for unified counterdrug and counterterrorism
              campaign in Colombia.
    Sec. 1022. Sense of Congress and report regarding counter-drug efforts
              in Afghanistan.

           Subtitle D--Matters Relating to Museums and Commemorations

    Sec. 1031. Recognition of the Liberty Memorial Museum, Kansas City,
              Missouri, as America's National World War I Museum.
    Sec. 1032. Program to commemorate 60th anniversary of World War II.
    Sec. 1033. Annual report on Department of Defense operation and
              financial support for military museums.

                               Subtitle E--Reports

    Sec. 1041. Quarterly detailed accounting for operations conducted as
              part of the Global War on Terrorism.
    Sec. 1042. Report on post-major combat operations phase of Operation
              Iraqi Freedom.
    Sec. 1043. Report on training provided to members of the Armed Forces to
              prepare for post-conflict operations.
    Sec. 1044. Report on establishing National Centers of Excellence for
              unmanned aerial and ground vehicles.
    Sec. 1045. Study of continued requirement for two-crew manning for
              ballistic missile submarines.
    Sec. 1046. Report on Department of Defense programs for prepositioning
              of materiel and equipment.
    Sec. 1047. Report on al Quaeda and associated groups in Latin America
              and the Caribbean.

       Subtitle F--Defense Against Terrorism and Other Domestic Security
                                     Matters

    Sec. 1051. Acceptance of communications equipment provided by local
              public safety agencies.
    Sec. 1052. Determination and report on full-time airlift support for
              homeland defense operations.
    Sec. 1053. Survivability of critical systems exposed to chemical or
              biological contamination.

                     Subtitle G--Personnel Security Matters

    Sec. 1061. Use of National Driver Register for personnel security
              investigations and determinations.
    Sec. 1062. Standards for disqualification from eligibility for
              Department of Defense security clearance.

                   Subtitle H--Transportation-Related Matters

    Sec. 1071. Use of military aircraft to transport mail to and from
              overseas locations.
    Sec. 1072. Reorganization and clarification of certain provisions
              relating to control and supervision of transportation within
              the Department of Defense.
    Sec. 1073. Evaluation of procurement practices relating to
              transportation of security-sensitive cargo.

                            Subtitle I--Other Matters

    Sec. 1081. Liability protection for Department of Defense volunteers
              working in maritime environment.
    Sec. 1082. Sense of Congress concerning media coverage of the return to
              the United States of the remains of deceased members of the
              Armed Forces from overseas.
    Sec. 1083. Transfer of historic F3A-1 Brewster Corsair aircraft.
    Sec. 1084. Technical and clerical amendments.
    Sec. 1085. Preservation of search and rescue capabilities of the Federal
              Government.
    Sec. 1086. Acquisition of aerial firefighting equipment for National
              Interagency Fire Center.
    Sec. 1087. Revision to requirements for recognition of institutions of
              higher education as Hispanic-serving institutions for purposes
              of certain grants and contracts.
    Sec. 1088. Military extraterritorial jurisdiction over contractors
              supporting defense missions overseas.
    Sec. 1089. Definition of United States for purposes of Federal crime of
              torture.
    Sec. 1090. Energy savings performance contracts.
    Sec. 1091. Sense of Congress and policy concerning persons detained by
              the United States.
    Sec. 1092. Actions to prevent the abuse of detainees.
    Sec. 1093. Reporting requirements.
    Sec. 1094. Findings and sense of Congress concerning Army Specialist
              Joseph Darby.

                         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
    $3,500,000,000.
        (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. BUDGET JUSTIFICATION DOCUMENTS FOR OPERATION AND
                  MAINTENANCE.

        (a) In General.--(1) Chapter 9 of title 10, United States Code, is
    amended by adding after section 232, as added by section 214(a), the
    following new section:

    ``Sec. 233. Operation and maintenance budget presentation

        ``(a) Identification of Baseline Amounts in O&M Justification
    Documents.--In any case in which the amount requested in the
    President's budget for a fiscal year for a Department of Defense
    operation and maintenance program, project, or activity is different
    from the amount appropriated for that program, project, or activity for
    the current year, the O&M justification documents supporting that
    budget shall identify that appropriated amount and the difference
    between that amount and the amount requested in the budget, stated as
    an amount and as a percentage.
        ``(b) Navy for Ship Depot Maintenance and for Intermediate Ship
    Maintenance.--In the O&M justification documents for the Navy for any
    fiscal year, amounts requested for ship depot maintenance and amounts
    requested for intermediate ship maintenance shall be identified and
    distinguished.
        ``(c) Definitions.--In this section:
            ``(1) The term `O&M justification documents' means Department
        of Defense budget justification documents with respect to accounts
        for operation and maintenance submitted to the congressional
        defense committees in support of the Department of Defense
        component of the President's budget for any fiscal year.
            ``(2) The term `President's budget' means the budget of the
        President submitted to Congress under section 1105 of title 31 for
        any fiscal year.
            ``(3) The term `current year' means the fiscal year during
        which the President's budget is submitted in any year.''.
        (2) The table of sections at the beginning of such chapter is
    amended by adding after the item relating to section 232, as added by
    section 214(b), the following new item:

    ``233. Operation and maintenance budget presentation.''.

        (b) Components of Line Items for Other Costs and Other Contracts.--
    Not later than March 1, 2005, the Secretary of Defense shall submit to
    the congressional defense committees a report setting forth the
    component elements of the line items identified as ``Other Costs'' and
    ``Other Contracts'' in the exhibit identified as ``Summary of Price and
    Program Changes'' in the budget justification materials submitted to
    those committees in support of the budget for fiscal year 2006.

    SEC. 1004. 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 regarding which the Secretary will exercise the authority to
    retain licensing fees under this section.
        ``(c) Use of Fees.--The Secretary concerned shall use fees retained
    under this section for the following purposes:
            ``(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 obligation 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 of 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. 1005. REPEAL OF FUNDING RESTRICTIONS CONCERNING DEVELOPMENT OF
                  MEDICAL COUNTERMEASURES AGAINST BIOLOGICAL WARFARE
                  THREATS.

        (a) Repeal.--Section 2370a of title 10, United States Code, is
    repealed.
        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 139 of such title is amended by striking the item relating to
    that section.

    SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES FOR FOREIGN CURRENCY
                  FLUCTUATIONS.

        (a) Secretary of Defense Report.--(1) Not later than December 1,
    2004, 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 the foreign currency exchange rate
    projection used in annual Department of Defense budget presentations.
        (2) In the report under paragraph (1), the Secretary shall--
            (A) identify alternative approaches for selecting foreign
        currency exchange rates that would produce more realistic estimates
        of amounts required to be appropriated or otherwise made available
        for the Department of Defense to accommodate foreign currency
        exchange rate fluctuations;
            (B) discuss the advantages and disadvantages of each approach
        identified pursuant to subparagraph (A); and
            (C) identify the Secretary's preferred approach among the
        alternatives identified pursuant to subparagraph (A) and provide
        the Secretary's rationale for preferring that approach.
        (3) In identifying alternative approaches pursuant to paragraph
    (2)(A), the Secretary shall examine--
            (A) approaches used by other Federal departments and agencies;
        and
            (B) the feasibility of using private economic forecasting.
        (b) Comptroller General Review and Report.--The Comptroller General
    shall review the report under subsection (a), including the basis for
    the Secretary's conclusions stated in the report, and shall submit, not
    later than January 15, 2005, to the Committee on Armed Services of the
    Senate and the Committee on Armed Services of the House of
    Representatives a report containing the results of that review.

    SEC. 1007. FISCAL YEAR 2004 TRANSFER AUTHORITY.

        Section 1001(a)(2) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1582) is amended by
    striking ``$2,500,000,000'' and inserting ``$2,800,000,000''.

    SEC. 1008. 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 may 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. 1009. NOTIFICATION OF FUND TRANSFERS FROM WORKING-CAPITAL FUNDS.

        Section 2208 of title 10, United States Code, is amended by adding
    at the end the following new subsection:
        ``(r) Notification of Transfers.--(1) Notwithstanding any authority
    provided in this section to transfer funds, the transfer of funds from
    a working-capital fund, including a transfer to another working-capital
    fund, shall not be made under such authority unless the Secretary of
    Defense submits, in advance, 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 made in a fiscal year does not count toward 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. 1010. 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.''.

                    Subtitle B--Naval Vessels and Shipyards

    SEC. 1011. AUTHORITY FOR 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. Vessels stricken from Naval Vessel Register: contracts
                for dismantling on net-cost basis

        ``(a) Authority for Net-Cost Basis Contracts.--When the Secretary
    of the Navy awards a contract for the dismantling of a vessel stricken
    from the Naval Vessel Register, the Secretary may award the contract on
    a net-cost basis.
        ``(b) Retention by Contractor of Proceeds of Sale of Scrap and
    Reusable Items.--When the Secretary awards a contract on a net-cost
    basis under subsection (a), the Secretary shall provide in the contract
    that the contractor may retain the proceeds from the sale of scrap and
    reusable items removed from the vessel dismantled under the contract.
        ``(c) Definitions.--In this section:
            ``(1) The term `net-cost basis', with respect to a contract for
        the dismantling of a vessel, means that the amount to be paid to
        the contractor under the contract for dismantling and for removal
        and disposal of hazardous waste material is discounted by the
        offeror's estimate of the value of scrap and reusable items that
        the contractor will remove from the vessel during performance of
        the contract.
            ``(2) The term `scrap' means personal property that has no
        value except for its basic material content.
            ``(3) The term `reusable item' means a demilitarized component
        or a removable portion of a vessel or equipment that the Secretary
        of the Navy has identified as excess to the needs of the Navy 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. Vessels stricken from Naval Vessel Register: contracts for
              dismantling on net-cost basis.''.

    SEC. 1012. USE OF PROCEEDS FROM EXCHANGE AND SALE OF OBSOLETE NAVY
                  SERVICE CRAFT AND BOATS.

        (a) Costs of Preparation for Disposal.--(1) Chapter 633 of title
    10, United States Code, is amended by inserting after section 7311 the
    following new section:

    ``Sec. 7312. Service craft stricken from Naval Vessel Register;
                obsolete boats: use of proceeds from exchange or sale

        ``(a) Exchange or Sale of Similar Items.--When the Secretary of the
    Navy sells an obsolete service craft or an obsolete boat, or exchanges
    such a craft or boat in a transaction for which a similar craft or boat
    is acquired, the Secretary may retain the proceeds of the sale or the
    exchange allowance from the exchange, as the case may be, and apply the
    proceeds of sale or the exchange allowance for any of the following
    purposes:
            ``(1) For payment, in whole or in part, for a similar service
        craft or boat acquired as a replacement, as authorized by section
        503 of title 40.
            ``(2) For reimbursement, to the extent practicable, of the
        appropriate accounts of the Navy for the full costs of preparation
        of such obsolete craft or boat for such sale or exchange.
            ``(3) For deposit to the special account established under
        subsection (b), to be available in accordance with that subsection.
        ``(b) Special Account.--Amounts retained under subsection (a) that
    are not applied as provided in paragraph (1) or (2) of that subsection
    shall be deposited into a special account. Amounts in the account shall
    be available under subsection (c) without regard to fiscal year
    limitation. Amounts in the account that the Secretary of the Navy
    determines are not needed for the purpose stated in subsection (c)
    shall be transferred at least annually to the General Fund of the
    Treasury.
        ``(c) Costs of Preparation of Obsolete Service Craft and Boats for
    Future Sale or Exchange.--The Secretary may use amounts in the account
    under subsection (b) for payment, in whole or in part, for the full
    costs of preparation of obsolete service craft and obsolete boats for
    future sale or exchange.
        ``(d) Costs of Preparation for Sale or Exchange.--In this section,
    the term `full costs of preparation' means the full costs (direct and
    indirect) incurred by the Navy in preparing an obsolete service craft
    or an obsolete boat for exchange or sale, including the cost of the
    following:
            ``(1) Towing.
            ``(2) Storage.
            ``(3) Defueling.
            ``(4) Removal and disposal of hazardous wastes.
            ``(5) Environmental surveys to determine the presence of
        regulated materials containing polychlorinated biphenyl (PCB) and,
        if such materials are found, the removal and disposal of such
        materials.
            ``(6) Other costs related to such preparation.
        ``(e) Obsolete Service Craft.--For purposes of this section, an
    obsolete service craft is a service craft that has been stricken from
    the Naval Vessel Register.
        ``(f) Inapplicability of Advertising Requirement.--Section 3709 of
    the Revised Statutes (41 U.S.C. 5) does not apply to sales of service
    craft and boats described in subsection (a).
        ``(g) Regulations.--The Secretary of the Navy shall prescribe
    regulations for the purposes of this section.''.
        (2) The table of sections at the beginning of such chapter is
    amended by inserting after the item relating to section 7311 the
    following new item:

    ``7312. Service craft stricken from Naval Vessel Register; obsolete
              boats: use of proceeds from exchange or sale.''.

        (b) Applicability.--Section 7312 of title 10, United States Code,
    as added by subsection (a), shall apply with respect to amounts
    received on or after the date of the enactment of this Act and to
    amounts received before the date of the enactment of this Act and not
    obligated as of that date.

    SEC. 1013. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS.

        (a) Transfers by Grant.--The President is authorized to transfer
    vessels to foreign recipients 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 USS O'BANNON (DD-987).
            (2) Portugal.--To the Government of Portugal, the OLIVER HAZARD
        PERRY class guided missile frigates GEORGE PHILIP (FFG-12) and
        SIDES (FFG-14).
        (b) Transfers by Sale.--The President is authorized to transfer
    vessels to foreign recipients on a sale basis under section 21 of the
    Arms Export Control Act (22 U.S.C. 2761), as follows:
            (1) Chile.--To the Government of Chile, the SPRUANCE class
        destroyer FLETCHER (DD-992).
            (2) Taiwan.--To the Taipei Economic and Cultural Representative
        Office of the United States (which is the Taiwan instrumentality
        designated pursuant to section 10(a) of the Taiwan Relations Act
        (22 U.S.C. 3309(a))), the ANCHORAGE class dock landing ship
        ANCHORAGE (LSD-36).
        (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 pursuant to authority provided by subsection (a) shall
    not be counted against the aggregate value of excess defense articles
    transferred to countries in any fiscal year under section 516(g) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)).
        (d) Costs of Transfers.--Any expense incurred by the United States
    in connection with a transfer authorized under subsection (a) or (b)
    shall be charged to the recipient.
        (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.

    SEC. 1014. INDEPENDENT STUDY TO ASSESS COST EFFECTIVENESS OF THE NAVY
                  SHIP CONSTRUCTION PROGRAM.

        (a) Study.--The Secretary of Defense shall provide for a study of
    the cost effectiveness of the ship construction program of the Navy.
    The study shall be conducted by a group of industrial experts
    independent of the Department of Defense. The study shall examine
    both--
            (1) a variety of approaches by which the Navy ship construction
        program could be made more efficient in the near term; and
            (2) a variety of approaches by which, with a nationally
        integrated effort over the next decade, the United States
        shipbuilding industry might enhance its health and viability.
        (b) Near-Term Improvements in Efficiency.--With respect to the
    examination under subsection (a)(1) of approaches by which the Navy
    ship construction program could be made more efficient in the near
    term, the Secretary shall provide for the persons conducting the study
    to--
            (1) determine the potential cost savings on an annual basis,
        with an estimate of return on investment, from implementation of
        each approach examined; and
            (2) establish priorities for potential implementation of the
        approaches examined.
        (c) United States Shipbuilding Infrastructure Modernization Plan.--
    With respect to the examination under subsection (a)(2) of approaches
    by which the United States shipbuilding industry might enhance its
    health and viability through a nationally integrated effort over the
    next decade, the Secretary shall provide for the persons conducting the
    study to--
            (1) propose a plan incorporating a variety of approaches that
        would modernize the United States shipbuilding infrastructure
        within the next decade, resulting in a healthier and more viable
        shipbuilding industrial base;
            (2) establish priorities for potential implementation of the
        approaches examined; and
            (3) estimate the resources required to implement each of the
        approaches examined.
        (d) Report.--Not later than October 1, 2005, the Secretary of
    Defense shall submit a report to the congressional defense committees
    providing the results of the study under subsection (a). The report
    shall include the matters specified in subsections (b) and (c).

    SEC. 1015. 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.

                        Subtitle C--Counterdrug Matters

    SEC. 1021. 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 8076 of the Department of Defense Appropriations
        Act, 2005 (Public Law 108-287; 118 Stat. 988).
        (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, in consultation with the Secretary of Defense and the Director
    of Central Intelligence, shall 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. 1022. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG EFFORTS
                  IN AFGHANISTAN.

        (a) Sense of Congress.--It is the sense of Congress that--
            (1) the President should make the substantial reduction of
        illegal drug trafficking in Afghanistan a priority in the Global
        War on Terrorism;
            (2) the Secretary of Defense, in coordination with the
        Secretary of State and the heads of other appropriate Federal
        agencies, should expand cooperation with the Government of
        Afghanistan and international organizations involved in counter-
        drug activities to assist in providing a secure environment for
        counter-drug personnel in Afghanistan; and
            (3) the United States, in conjunction with the Government of
        Afghanistan and coalition partners, should undertake additional
        efforts to reduce illegal drug trafficking and related activities
        that provide financial support for terrorist organizations in
        Afghanistan and neighboring countries.
        (b) Report Required.--(1) The Secretary of Defense and the
    Secretary of State shall jointly prepare a report that describes--
            (A) the progress made towards substantially reducing poppy
        cultivation and heroin production capabilities in Afghanistan; and
            (B) the extent to which profits from illegal drug activity in
        Afghanistan are used to financially support terrorist organizations
        and groups seeking to undermine the Government of Afghanistan.
        (2) The report required by this subsection shall be submitted to
    Congress not later than 120 days after the date of the enactment of
    this Act.

           Subtitle D--Matters Relating to Museums and Commemorations

    SEC. 1031. RECOGNITION OF THE LIBERTY MEMORIAL MUSEUM, KANSAS CITY,
                  MISSOURI, AS 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 honor of those individuals who served in World War I in
        defense of liberty and the United States.
            (2) The Liberty Memorial Association, the nonprofit
        organization that 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 United States 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 of the Kansas City
        metropolitan area, including veterans of World War I. 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 in 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
        collections of the Liberty Memorial Museum. The new core exhibition
        is scheduled to open on Veterans Day in 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 first build and later restore
        the Liberty Memorial Museum. The Liberty Memorial Museum continues
        to receive the strong support of residents from the States of
        Missouri and Kansas and across the United States.
            (8) Since its restoration and rededication in 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 schoolchildren in the United States through on-site visits,
        classroom curriculum development, distance-learning activities, and
        other educational initiatives.
            (12) The Liberty Memorial Museum should remain the foremost
        museum in the United States regarding the national experience in
        the World War I years, which people can visit to learn about World
        War I and where the history of this monumental struggle will be
        preserved so that current and future generations 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) The work of the Liberty Memorial Museum to recognize and
        preserve the history of the Nation's sacrifices in World War I will
        take on added significance as the centennial observance of the war
        approaches.
            (14) It is fitting and proper to refer to the Liberty Memorial
        Museum as ``America's National World War I Museum''.
        (b) Congressional Recognition.--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 will enhance the
        knowledge and understanding of 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;
            (3) commends the ongoing development and visibility of the
        ``Lessons of Liberty'' educational outreach programs prepared by
        the Liberty Memorial Museum for teachers and students throughout
        the United States; and
            (4) encourages present generations of Americans to understand
        the magnitude of World War I, how it shaped the United States,
        other countries, and later world events, and how the sacrifices
        made by Americans then helped preserve liberty, democracy, and
        other founding principles of the United States for generations to
        come.

    SEC. 1032. 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 Committee on Armed Services of the
    Senate and the Committee on Armed Services of the 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. 1033. ANNUAL REPORT ON DEPARTMENT OF DEFENSE OPERATION AND
                  FINANCIAL SUPPORT FOR MILITARY MUSEUMS.

        (a) Report Required.--Chapter 23 of title 10, United States Code,
    is amended by adding at the end the following new section:

    ``Sec. 489. Annual report on Department of Defense operation and
                financial support for military museums

        ``(a) Report Required.--As part of the budget materials submitted
    to Congress in connection with the submission of the budget for a
    fiscal year pursuant to section 1105 of title 31, but in no case later
    than March 15 of each year, the Secretary of Defense shall submit a
    report identifying all military museums that, during the most recently
    completed fiscal year--
            ``(1) were operated by the Secretary of Defense or the
        Secretary of a military department;
            ``(2) were otherwise supported using funds appropriated to the
        Department of Defense; or
            ``(3) were located on property under the jurisdiction of the
        Department of Defense, although neither operated by the Department
        of Defense nor supported using funds appropriated to the Department
        of Defense.
        ``(b) Information on Individual Museums.--For each museum
    identified in a report under this section, the Secretary of Defense
    shall include in the report the following:
            ``(1) The purpose and functions of the museum and the
        justification for the museum.
            ``(2) A description of the facilities dedicated to the museum,
        including the location, size, and type of facilities and whether
        the facilities are included or eligible for inclusion on the
        National Register of Historic Places.
            ``(3) An itemized listing of the funds appropriated to the
        Department of Defense that were obligated to support the museum
        during the fiscal year covered by the report and a description of
        the process used to determine the annual allocation of Department
        of Defense funds for the museum.
            ``(4) An itemized listing of any other Federal funds, funds
        from a nonappropriated fund instrumentality account of the
        Department of Defense, and non-Federal funds obligated to support
        the museum.
            ``(5) The management structure of the museum, including
        identification of the persons responsible for preparing the budget
        for the museum and for making acquisition and management decisions
        for the museum.
            ``(6) The number of civilian employees of the Department of
        Defense and members of the armed forces who served full-time or
        part-time at the museum and their role in the management structure
        of the museum.
        ``(c) Information on Support Priorities.--Each report under this
    section shall also include a separate description of the procedures
    used by the Secretary of Defense, in the case of museums identified in
    the report that are operated or supported by the Secretary of Defense,
    and the Secretary of a military department, in the case of museums
    identified in the report that are operated or supported by that
    Secretary, to prioritize funding and personnel support to the museums.
    The Secretary of Defense shall include a description of any such
    procedures applicable to the entire Department of Defense.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by adding at the end the following new item:

    ``489. Annual report on Department of Defense operation and financial
              support for military museums.''.

                              Subtitle E--Reports

    SEC. 1041. QUARTERLY DETAILED ACCOUNTING FOR OPERATIONS CONDUCTED AS
                  PART 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 each operation specified in
    subsection (b)--
            (1) a full accounting of all costs incurred for such operation
        during such quarter and all amounts expended during such quarter
        for such operation; and
            (2) a description of the purposes for which those costs were
        incurred and those amounts were expended.
        (b) Operations Covered.--The operations referred to in subsection
    (a) are the following:
            (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 an operation specified in subsection (b), the
    Secretary shall account in the quarterly submission under subsection
    (a) for all costs and expenditures that are reasonably attributable to
    that operation, including personnel costs.

    SEC. 1042. REPORT ON POST-MAJOR COMBAT OPERATIONS PHASE OF OPERATION
                  IRAQI FREEDOM.

        (a) Report Required.--(1) Not later than June 1, 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 area of operations of 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 through the period covered by the report in
        Operation Iraqi Freedom, including equipment in prepositioned
        stocks, to mission-ready condition.
            (Q) A description of military civil affairs and reconstruction
        efforts, including efforts 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.
            (V) The organization of United States Central Command to
        conduct post-conflict operations and lessons for other combatant
        commands to conduct other such operations in the future.
        (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. 1043. 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 awareness about ethnic
        backgrounds, religious beliefs, and political structures of the
        people living in areas in which the Armed Forces operate and 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 commanders of combatant commands.
        (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. 1044. 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 at which the Department of Defense
        currently conducts or plans to conduct research, development, and
        testing activities on unmanned aerial and ground vehicles.
            (2) A list of facilities at which 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 with respect to 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 the national centers of
        excellence under this section.
        (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 military facilities that
    have--
            (1) a workforce of skilled personnel;
            (2) existing capacity of runways and other facilities to
        accommodate the research, development, testing, and deployment of
        current and future unmanned aerial vehicles; and
            (3) minimal restrictions on the research, development, testing,
        and deployment of unmanned aerial vehicles resulting from proximity
        to large population centers or airspace heavily utilized by
        commercial flights.

    SEC. 1045. STUDY OF CONTINUED REQUIREMENT FOR TWO-CREW MANNING FOR
                  BALLISTIC MISSILE SUBMARINES.

        (a) Study and Determination.--The Secretary of Defense shall
    conduct a study of whether the practice of using two alternating crews
    (referred to as the ``Gold Crew'' and the ``Blue Crew'') for manning of
    ballistic missile submarines (SSBNs) continues to be justified under
    the changed circumstances since the end of the Cold War and, based on
    that study, shall make a determination of whether that two-crew manning
    practice should be continued or should be modified or terminated.
        (b) Report.--Not later than six months after the date of the
    enactment of this Act, the Secretary shall submit to the Committees on
    Armed Services of the Senate and House of Representatives a report
    providing notice of the Secretary's determination under subsection (a)
    and the reasons for that determination.

    SEC. 1046. REPORT ON DEPARTMENT OF DEFENSE PROGRAMS FOR PREPOSITIONING
                  OF MATERIEL AND EQUIPMENT.

        (a) Secretary of Defense Assessment and Report.--(1) The Secretary
    of Defense shall conduct an assessment of the programs of the Armed
    Forces for the prepositioning of materiel and equipment. Such
    assessment shall focus on how those programs will support the goal of
    the Secretary to have the capability, from the onset of a contingency
    situation, to--
            (A) deploy forces to a distant theater within 10 days;
            (B) defeat an enemy within 30 days; and
            (C) be ready for an additional conflict within another 30 days.
        (2) The Secretary shall submit to Congress a report on such
    assessment not later than October 1, 2005.
        (b) Matters to Be Included.--The assessment under subsection (a)
    shall include the following:
            (1) A review of the prepositioning of materiel and equipment
        used in Operation Iraqi Freedom and Operation Enduring Freedom,
        including identification of challenges and potential solutions.
            (2) A description of changes to doctrine, strategy, and
        transportation plans that could be necessary to support the goal of
        the Secretary described in subsection (a).
            (3) A description of modifications to prepositioning programs
        that could be required in order to incorporate modularity concepts,
        future force structure changes, and sea-basing concepts.
            (4) A discussion of joint operations and training that support
        force projection requirements, including--
                (A) theater opening requirements at potential aerial and
            sea ports of debarkation;
                (B) joint force reception capabilities;
                (C) joint theater distribution operations; and
                (D) use of joint prepositioned stocks, materiel, and
            systems.

    SEC. 1047 REPORT ON AL QAEDA AND ASSOCIATED GROUPS IN LATIN AMERICA AND
                  THE CARIBBEAN.

        (a) Report.--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, submit to the Committees on Armed Services
    of the Senate and House of Representatives a report on the activities
    of al Qaeda and associated groups in Latin America and the Caribbean,
    including--
            (1) an assessment of the extent to which such groups have
        established a presence in the area;
            (2) a description of the activities of such groups in the area,
        including fundraising, money laundering, narcotrafficking, and
        associations with criminal groups;
            (3) an assessment of the threat posed by such groups to the
        peace and stability of the nations in the area and to United States
        interests; and
            (4) a description of United States policies intended to deal
        with such a threat.
        (b) Form of Report.--The report shall be submitted in unclassified
    form, but may include a classified annex.

       Subtitle F--Defense Against Terrorism and Other Domestic Security
                                    Matters

    SEC. 1051. 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: acceptance from local
                public safety agencies for temporary use related to
                disasters

        ``(a) Authority to Accept Equipment.--(1) Subject to subsection
    (c), the Secretary concerned--
            ``(1) may accept communications equipment for use in
        coordinating joint response and recovery operations with public
        safety agencies in the event of a disaster; and
            ``(2) may accept services related to the operation and
        maintenance of such equipment.
        ``(b) Regulations.--The authority under subsection (a) shall be
    exercised under regulations prescribed by the Secretary of Defense.
        ``(c) Limitations.--(1) Equipment may be accepted under subsection
    (a)(1) only to the extent that communications equipment under the
    control of the Secretary concerned at the potential disaster response
    site is inadequate to meet military requirements for communicating with
    public safety agencies during the period of response to the disaster.
        ``(2) Services may be accepted under subsection (a)(2) related to
    the operation and maintenance of communications equipment only to the
    extent that the necessary capabilities are not available to the
    military commander having custody of the equipment.
        ``(c) Liability.--A person providing services accepted under this
    section may not be considered, by reason of the provision of such
    services, to be an officer, employee, or agent of the United States for
    any purpose.''.
        (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: acceptance from local public
              safety agencies for temporary use related to disasters.''.

    SEC. 1052. DETERMINATION AND REPORT ON FULL-TIME 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 to the support of homeland defense
    operations, including operations in support of contingent requirements
    for transportation of any of the following in response to a disaster:
            (A) Weapons of Mass Destruction Civil Support Teams.
            (B) National Guard Chemical, Biological, Radiological, Nuclear,
        High Explosive Enhanced Response Force Packages.
            (C) Air Force expeditionary medical teams.
            (D) Department of Energy emergency response teams.
        (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 plans and capabilities of the Department
    of Defense for meeting contingent requirements for transporting teams
    and packages specified in subsection (a)(1) in response to disasters.
        (2) The Secretary shall prepare a plan for resolving any
    deficiencies in the 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 that term in
    section 305b(e) of title 37, United States Code.

    SEC. 1053. 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 Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives 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 any such system by chemical or biological
    agents.
        (b) Content.--At a minimum, the plan under subsection (a) shall
    include the following:
            (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 those systems which
        are defense critical systems.
            (3) Specific testing procedures to be used during the design
        and development of new defense critical systems.
            (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 System Defined.--In this section, the term
    ``defense critical system'' means a Department of Defense system that,
    as determined by the Secretary of Defense, is vital to an essential
    defense mission.

                     Subtitle G--Personnel Security Matters

    SEC. 1061. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL SECURITY
                  INVESTIGATIONS AND DETERMINATIONS.

        Section 30305(b) of title 49, United States Code, is amended--
            (1) by redesignating paragraphs (9) through (11) as paragraphs
        (10) through (12), respectively; and
            (2) by inserting after paragraph (8) the following new
        paragraph:
        ``(9) An individual who has or is seeking access to national
    security information for purposes of Executive Order No. 12968, or any
    successor Executive order, or an individual who is being investigated
    for Federal employment under authority of Executive Order No. 10450, or
    any successor Executive order, may request the chief driver licensing
    official of a State to provide information about the individual
    pursuant to subsection (a) of this section to a Federal department or
    agency that is authorized to investigate the individual for the purpose
    of assisting in the determination of the eligibility of the individual
    for access to national security information or for Federal employment
    in a position requiring access to national security information. A
    Federal department or agency that receives information about an
    individual under the preceding sentence may use such information only
    for purposes of the authorized investigation and only in accordance
    with applicable law.''.

    SEC. 1062. STANDARDS FOR DISQUALIFICATION FROM ELIGIBILITY FOR
                  DEPARTMENT OF DEFENSE SECURITY CLEARANCE.

        (a) Disqualified Persons.--Subsection (c)(1) of section 986 of
    title 10, United States Code, is amended--
            (1) by striking ``and'' and inserting ``, was''; and
            (2) by inserting before the period at the end the following:
        ``, and was incarcerated as a result of that sentence for not less
        than one year''.
        (b) Waiver Authority.--Subsection (d) of such section is amended to
    read as follows:
        ``(d) Waiver Authority.--In a meritorious case, an exception to the
    prohibition in subsection (a) may be authorized for a person described
    in paragraph (1) or (4) of subsection (c) if there are mitigating
    factors. Any such waiver may be authorized only in accordance with
    standards and procedures prescribed by, or under the authority of, an
    Executive order or other guidance issued by the President.''.

                   Subtitle H--Transportation-Related Matters

    SEC. 1071. USE OF MILITARY AIRCRAFT TO TRANSPORT MAIL TO AND FROM
                  OVERSEAS LOCATIONS.

        (a) Authority for Use of Military Aircraft.--Section 3401 of title
    39, United States Code, is amended--
            (1) in subsection (b)--
                (A) in the matter preceding paragraph (1)(A), by striking
            ``title 49,'' and inserting ``title 49, or on military aircraft
            at rates not to exceed those so fixed and determined for
            scheduled United States air carriers,''; and
                (B) in the sentence following paragraph (3), by striking
            ``carriers'' each place it appears and inserting ``carriers and
            military aircraft''; and
            (2) in subsection (c)--
                (A) in the first sentence, by striking ``title 49,'' and
            inserting ``title 49, or on military aircraft at rates not to
            exceed those so fixed and determined for scheduled United
            States air carriers,''; and
                (B) in the second sentence--
                    (i) by inserting ``and military aircraft'' after
                ``carriers'' the first place it appears; and
                    (ii) by striking ``by air carriers other than scheduled
                United States air carriers'' and inserting ``by other than
                scheduled United States air carriers and military
                aircraft''.
        (b) Definition.--Such section is further amended by adding at the
    end the following new subsection:
        ``(g) In this section:
            ``(1) The term `military aircraft' means an aircraft owned,
        operated, or chartered by the Department of Defense.
            ``(2) The term `United States air carrier' has the meaning
        given the term `air carrier' in section 40102 of title 49.''.

    SEC. 1072. REORGANIZATION AND CLARIFICATION OF CERTAIN PROVISIONS
                  RELATING TO CONTROL AND SUPERVISION OF TRANSPORTATION
                  WITHIN THE DEPARTMENT OF DEFENSE.

        (a) Transfer of Certain Transportation Authorities.--Sections 4744,
    4745, 4746, and 4747 of title 10, United States Code, are transferred
    to chapter 157 of such title, inserted (in that order) at the end of
    such chapter, and redesignated as sections 2648, 2649, 2650, and 2651,
    respectively.
        (b) Clarification of Applicability of Transferred Authorities
    Throughout the Department of Defense.--(1) Section 2648 of such title,
    as transferred and redesignated by subsection (a), is amended--
            (A) by striking ``Secretary of the Army'' in the matter
        preceding paragraph (1) and inserting ``Secretary of Defense'';
            (B) by striking ``Army transport agencies'' in the matter
        preceding paragraph (1) and all that follows through ``military
        transport agency of'';
            (C) by striking paragraphs (1), (2), and (3);
            (D) by redesignating paragraph (4), (5), (6), and (7) as
        paragraphs (1), (2), (3), and (4), respectively;
            (E) by redesignating paragraph (8) as paragraph (5) and in that
        paragraph striking ``persons described in clauses (1), (2), (4),
        (5), and (7)'' and inserting ``members of the armed forces,
        officers and employees of the Department of Defense or the Coast
        Guard, and persons described in paragraphs (1), (2), and (4)''; and
            (F) by striking ``clause (7) or (8)'' in the last sentence and
        inserting ``paragraph (4) or (5)''.
        (2) Section 2649 of such title, as transferred and redesignated by
    subsection (a), is amended--
            (A) by striking the section heading and inserting the
        following:

    ``Sec. 2649. Civilian passengers and commercial cargoes: transportation
                on Department of Defense vessels'';

            (B) by striking ``(1) on vessels'' and all that follows through
        ``Department of the Army'';
            (C) by striking ``any transport agency of''; and
            (D) by striking ``Secretary of the Army'' and all that follows
        through ``be transported'' and inserting ``Secretary of Defense, be
        transported''.
        (3) Section 2650 of such title, as transferred and redesignated by
    subsection (a), is amended--
            (A) in the matter preceding paragraph (1), by striking ``Army
        transport agencies'' and all that follows through ``military
        transport agency of'';
            (B) in paragraph (1), by striking ``Secretary of the Army'' and
        inserting ``Secretary of Defense''; and
            (C) in paragraph (4), by striking ``by air--'' and all that
        follows through ``the transportation cannot'' and inserting ``by
        air, the transportation cannot''.
        (4) Section 2651 of such title, as transferred and redesignated by
    subsection (a), is amended by striking ``Army transport agencies'' and
    all that follows and inserting ``the Department of Defense, under
    regulations and at rates to be prescribed by the Secretary of
    Defense.''.
        (c) Repeal of Superseded and Obsolete Provisions.--The following
    sections of such title are repealed: sections 4741, 4743, 9741, 9743,
    and 9746.
        (d) Clerical Amendments.--
            (1) The table of sections at the beginning of chapter 157 of
        such title is amended by adding at the end the following new items:

    ``2648. Persons and supplies: sea transportation.
    ``2649. Civilian passengers and commercial cargoes: transportation on
              Department of Defense vessels.
    ``2650. Civilian personnel in Alaska.
    ``2651. Passengers and merchandise to Guam: sea transport.''.

            (2) The table of sections at the beginning of chapter 447 of
        such title is amended by striking the items relating to sections
        4741, 4743, 4744, 4745, 4746, and 4747.
            (3) The table of sections at the beginning of chapter 947 of
        such title is amended by striking the items relating to sections
        9741, 9743, and 9746.

    SEC. 1073. EVALUATION OF PROCUREMENT PRACTICES RELATING TO
                  TRANSPORTATION OF SECURITY-SENSITIVE CARGO.

        (a) Evaluation Requirement.--The Secretary of Defense shall
    evaluate the procurement practices of the Department of Defense in the
    award of service contracts for domestic freight transportation for
    security-sensitive cargo (such as arms, ammunitions, explosives, and
    classified material) to determine whether such practices are in the
    best interests of the Department of Defense.
        (b) Report.--Not later than January 1, 2005, the Secretary of
    Defense shall submit to the Committees on Armed Services of the House
    of Representatives and the Senate a report on the results of the
    evaluation conducted under subsection (a).

                           Subtitle I--Other Matters

    SEC. 1081. LIABILITY PROTECTION FOR DEPARTMENT OF DEFENSE VOLUNTEERS
                  WORKING IN MARITIME ENVIRONMENT.

        Section 1588(d)(1)(B) of title 10, United States Code, is amended
    by inserting before the period at the end the following: ``and the Act
    of March 9, 1920, commonly known as the `Suits in Admiralty Act' (41
    Stat. 525; 46 U.S.C. App. 741 et seq.) and the Act of March 3, 1925,
    commonly known as the `Public Vessels Act' (43 Stat. 1112; 46 U.S.C.
    App. 781 et seq.) (relating to claims for damages or loss on navigable
    waters)''.

    SEC. 1082. SENSE OF CONGRESS CONCERNING 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
        deceased members of the Armed Forces--
                (A) at Ramstein Air Force Base, Germany;
                (B) at Dover Air Force Base, Delaware, and the Port
            Mortuary Facility at Dover Air Force Base; and
                (C) 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--
            (1) appropriately protects the privacy of the families and
        friends of the deceased; and
            (2) is consistent with United States constitutional guarantees
        of freedom of speech and freedom of the press.

    SEC. 1083. TRANSFER OF HISTORIC F3A-1 BREWSTER CORSAIR AIRCRAFT.

        (a) Authority to Convey.--The Secretary of the Navy may convey,
    without consideration, to Lex Cralley of Princeton Minnesota (in this
    section referred to as ``transferee''), all right, title, and interest
    of the United States in and to a F3A-1 Brewster Corsair aircraft
    (Bureau Number 04634). The conveyance shall be made by means of a deed
    of gift.
        (b) Condition of Aircraft.--The aircraft shall be conveyed under
    subsection (a) in its current unflyable, ``as is'' condition. The
    Secretary is not required to repair or alter the condition of the
    aircraft before conveying ownership of the aircraft.
        (c) Conveyance at No Cost to the United States.--The conveyance of
    the aircraft under subsection (a) shall be made at no cost to the
    United States. Any costs associated with the conveyance and costs of
    operation and maintenance of the aircraft conveyed shall be borne by
    the transferee.
        (d) Additional Terms and Conditions.--The Secretary may require
    such additional terms and conditions in connection with a conveyance
    under this section as the Secretary considers appropriate to protect
    the interests of the United States.

    SEC. 1084. TECHNICAL AND CLERICAL AMENDMENTS.

        (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.--Title 10, United States Code, is amended as follows:
            (1) Section 2215 is amended--
                (A) by striking ``(a) Certification Required.--'';
                (B) by striking ``congressional committees specified in
            subsection (b)'' and inserting ``congressional defense
            committees''; and
                (C) by striking subsection (b).
            (2) Section 2306b(g) is amended by striking ``Committee on''
        the first place it appears and all that follows through ``House of
        Representatives'' and inserting ``congressional defense
        committees''.
            (3) Section 2515(d) is amended--
                (A) by striking ``(1)'' before ``The Secretary'';
                (B) by striking ``congressional committees specified in
            paragraph (2)'' and inserting ``congressional defense
            committees''; and
                (C) by striking paragraph (2).
            (4) Section 2676(d) is amended by striking ``appropriate
        committees of Congress'' at the end of the first sentence and
        inserting ``congressional defense committees''.
        (c) Amendments Relating to Change of Name of GAO.--Title 10, United
    States Code, is amended as follows:
            (1) Section 1084 is amended by striking ``General Accounting
        Office'' and inserting ``Comptroller General''.
            (2) Section 1102(d)(2) is amended by striking ``General
        Accounting Office'' and inserting ``Comptroller General''.
            (3) Section 2014(g) is amended by striking ``General Accounting
        Office'' and inserting ``Government Accountability Office''.
        (d) Miscellaneous Amendments to Title 10, United States Code.--
    Title 10, United States Code, is amended as follows:
            (1) The tables of chapters at the beginning of subtitle A, and
        at the beginning of part I of subtitle A, are amended by striking
        ``481'' in the item relating to chapter 23 and inserting ``480''.
            (2) Section 130a is amended--
                (A) by striking ``Effective October 1, 2002, the'' in
            subsection (a) and inserting ``The'';
                (B) by striking ``baseline number'' in subsection (a) and
            all that follows through ``means the'' in subsection (c);
                (C) by transferring subsection (e) so as to appear before
            subsection (d) and redesignating that subsection as subsection
            (b);
                (D) by redesignating subsections (d) and (f) as subsection
            (c) and (d), respectively; and
                (E) by striking subsection (g).
            (3) Section 437(c) is amended by inserting ``(50 U.S.C. 415b)''
        after ``National Security Act of 1947''.
            (4) Section 487(d) is amended by striking ``Other Definitions''
        and inserting ``Inapplicability to Coast Guard''.
            (5) Section 503(c)(1)(B) is amended by striking ``education''
        in the second sentence and inserting ``educational''.
            (6) Section 632(c)(1) is amended--
                (A) by striking ``paragraph (2)'' and inserting ``paragraph
            (3)''; and
                (B) by striking ``under that paragraph'' and inserting
            ``under that subsection''.
            (7) The item relating to section 1076b in the table of sections
        at the beginning of chapter 55 is amended to read as follows:

    ``1076b. TRICARE program: coverage for members of the Ready Reserve.''.

            (8) Section 1108(e) is amended by striking ``heath'' and
        inserting ``health''.
            (9) Section 1406(g) is amended--
                (A) by striking ``section 305'' and inserting ``section
            245''; and
                (B) by striking ``Officers Act of 2002'' and inserting
            ``Officer Corps Act of 2002 (33 U.S.C. 3045)''.
            (10) Sections 1448(b)(1)(F), 1448(d)(2)(B), 1448(d)(6)(A), and
        1458(j) are amended by striking ``on or after the date of the
        enactment of the National Defense Authorization Act for Fiscal Year
        2004'' and inserting ``after November 23, 2003,''.
            (11) Sections 1463(a)(1), 1465(c)(1)(A), 1465(c)(1)(B),
        1465(c)(4)(A), 1465(c)(4)(B), and 1466(b)(2)(D) are amended by
        striking ``1413, 1413a,'' and inserting ``1413a''.
            (12) Section 1557(b) is amended by striking ``Effective October
        1, 2002, final'' and inserting ``Final''.
            (13) Section 1566 is amended--
                (A) in subsection (g)(2), by striking ``the date that is 6
            months after the date of the enactment of the Help America Vote
            Act of 2002'' in the last sentence and inserting ``April 29,
            2003''; and
                (B) in subsections (h), (i)(1), and (i)(3), by striking
            ``Armed Forces'' and inserting ``armed forces''.
            (14) Sections 1724(d) and 1732(d)(1) are amended by striking
        ``its decision'' in the second sentence and inserting ``the
        decision of the Secretary''.
            (15) Section 1761(b) is amended--
                (A) in the matter preceding paragraph (1), by striking
            ``provide for--'' and inserting ``provide for the following:'';
                (B) in paragraphs (1), (2), and (3), by capitalizing the
            first letter of the first word;
                (C) at the end of paragraphs (1) and (2), by striking the
            semicolon and inserting a period;
                (D) at the end of paragraph (3), by striking ``; and'' and
            inserting a period; and
                (E) by striking paragraph (4).
            (16) Section 2193b(c)(2) is amended by striking ``the date of
        the enactment of this section'' and inserting ``October 5, 1999''.
            (17) Section 2224(c) is amended in the matter preceding
        paragraph (1) by striking ``subtitle II of chapter 35'' and
        inserting ``subchapter II of chapter 35''.
            (18) Section 2349(d) is amended by striking ``section
        2350a(i)(3)'' and inserting ``section 2350a(i)(2)''.
            (19) Section 2350b(g) is amended--
                (A) in the matter preceding paragraph (1), by inserting
            ``the Secretary of Defense'' after ``authorizing''; and
                (B) in paragraph (1), by striking ``the Secretary of
            Defense''.
            (20) Section 2474(f)(2) is amended by striking ``section
        2466(e)'' and inserting ``section 2466(d)''.
            (21) Section 2540(b)(2) is amended by inserting ``, as in
        effect on that date'' before the period at the end.
            (22) Section 2662(a)(2) is amended--
                (A) in the first sentence, by striking ``must include a
            summarization'' and inserting ``shall include a summary''; and
                (B) in the second sentence, by inserting ``of paragraph
            (1)'' after ``in subparagraph (E)''.
            (23) Section 2672a(a) is amended--
                (A) in the matter preceding paragraph (1), by inserting
            ``in any case in which the Secretary determines'' after ``in
            land'';
                (B) in paragraph (1), by striking ``the Secretary
            determines'' and inserting ``the acquisition''; and
                (C) in paragraph (2), by inserting ``the acquisition''
            after ``(2)''.
            (24) Section 2701 is amended--
                (A) in subsection (a)(2), by inserting ``(42 U.S.C. 9620)''
            before the period at the end;
                (B) in subsection (c)(2), by striking ``of CERCLA (relating
            to settlements)'' and inserting ``(relating to settlements) of
            CERCLA (42 U.S.C. 9622)'';
                (C) in subsection (e), by inserting ``(42 U.S.C. 9619)''
            after ``CERCLA''; and
                (D) in subsection (j)(2), by striking ``the Comprehensive''
            and all the follows through ``of 1980'' and inserting
            ``CERCLA''.
            (25) Section 2702 is amended by inserting ``(42 U.S.C.
        9660(a)(5))'' in the second sentence of subsection (a) before the
        period at the end.
            (26) Section 2703(b) is amended by striking ``The terms'' at
        the beginning of the second sentence and inserting ``For purposes
        of the preceding sentence, the terms''.
            (27) Section 2704 is amended by inserting ``(42 U.S.C.
        9604(i))'' in subsections (c), (e), and (f) after ``CERCLA''.
            (28) The second section 3755, added by section 543(b)(1) of the
        Bob Stump National Defense Authorization Act for Fiscal Year 2003
        (Public Law 107-314; 116 Stat. 2549), is redesignated as section
        3756, and the item relating to that section in the table of
        sections at the beginning of chapter 357 is revised to reflect such
        redesignation.
            (29) Section 4689 is amended by striking ``Building'' after
        ``Capitol''.
            (30) The second section 6257, added by section 543(c)(1) of the
        Bob Stump National Defense Authorization Act for Fiscal Year 2003
        (Public Law 107-314; 116 Stat. 2549), is redesignated as section
        6258, and the item relating to that section in the table of
        sections at the beginning of chapter 567 is revised to reflect such
        redesignation.
            (31) Section 7102 is amended--
                (A) by striking ``Authority'' at the beginning of
            subsection (a) and inserting ``Master of Military Studies'';
                (B) by striking ``Marine Corps War College'' at the
            beginning of subsection (b) and inserting ``Master of Strategic
            Studies'';
                (C) by striking ``Command and Staff College of the Marine
            Corps University'' at the beginning of subsection (c) and
            inserting ``Master of Operational Studies''; and
                (D) by striking ``subsections (a) and (b)'' in subsection
            (d) and inserting ``subsections (a), (b), and (c)''.
            (32) Section 8084 is amended by striking ``capabilty'' and
        inserting ``capability''.
            (33) The second section 8755, added by section 543(d)(1) of the
        Bob Stump National Defense Authorization Act for Fiscal Year 2003
        (Public Law 107-314; 116 Stat. 2550), is redesignated as section
        8756, and the item relating to that section in the table of
        sections at the beginning of chapter 857 is revised to reflect such
        redesignation.
            (34) The table in section 12012(a) is amended by inserting a
        colon after ``Air National Guard''.
        (e) Title 37, United States Code.--Title 37, United States Code, is
    amended as follows:
            (1) Section 301a(b)(4) is amended by striking ``section
        301(a)(11)'' and inserting ``section 301(a)(13)''.
            (2) Section 323(h) is amended by striking ``Secretary of
        Transportation'' and inserting ``Secretary of Homeland Security''.
        (f) Public Law 108-136.--Effective as of November 24, 2003, and as
    if included therein as enacted, the National Defense Authorization Act
    for Fiscal Year 2004 (Public Law 108-136) is amended as follows:
            (1) Sections 832(a) and 834(a) (117 Stat. 1550) are each
        amended by striking ``such title'' and inserting ``title 10, United
        States Code,''.
            (2) Section 931(a)(1) (117 Stat. 1580) is amended by striking
        ``and donations'' in the first quoted matter and inserting ``or
        donations''.
            (3) Section 2204(b) (117 Stat. 1706) is amended by striking
        ``section 2101(a)'' each place it appears and inserting ``section
        2201(a)''.
        (g) Public Law 107-314.--Effective as of December 2, 2002, and as
    if included therein as enacted, section 1064(a)(2) of the Bob Stump
    National Defense Authorization Act for Fiscal Year 2003 (Public Law
    107-314; 116 Stat. 2654) is amended by inserting ``the item relating
    to'' after ``is amended by inserting after''.
        (h) Public Law 107-107.--Effective as of December 28, 2001, and as
    if included therein as enacted, the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107) is amended as follows:
            (1) Section 824(a)(1)(C) (115 Stat. 1183) is amended by
        striking ``(3)(A)'' and inserting ``(3)(B)''.
            (2) Section 1048(e)(4) (115 Stat. 1227) is amended by striking
        ``Subsection'' and inserting ``Section''.
            (3) Section 1111(c) (115 Stat. 1238) is amended by striking
        ``This provision'' and inserting ``Section 5949 of title 5, United
        States Code, as added by subsection (a),''.
        (i) Public Law 101-510.--Section 2902(e)(2)(B) of the Defense Base
    Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
    101-510; 10 U.S.C. 2687 note) is amended--
            (1) in clause (i), by striking ``Subcommittee on Readiness,
        Sustainability, and Support'' and inserting ``Subcommittee on
        Readiness and Management Support''; and
            (2) in clause (ii), by striking ``Subcommittee on Military
        Installations and Facilities'' and inserting ``Subcommittee on
        Readiness''.
        (j) National Security Act of 1947.--Sections 702(a)(6)(B)(iv)(I),
    703(a)(6)(B)(iv)(I), and 704(f)(2)(D)(i) of the National Security Act
    of 1947 are amended by striking ``responsible records'' and inserting
    ``responsive records''.
        (k) Codification Relating to Leave for Attendance at Certain
    Hearings.--Subsection (b) of section 363 of the Personal Responsibility
    and Work Opportunity Reconciliation Act of 1996 (10 U.S.C. 704 note)
    is--
            (1) transferred to section 704 of title 10, United States Code;
            (2) inserted at the end of that section;
            (3) redesignated as subsection (c); and
            (4) amended--
                (A) by striking ``Armed Forces'' each place it appears and
            inserting ``armed forces'';
                (B) in paragraph (1)--
                    (i) by striking ``Secretary of each'' and all that
                follows through ``in the Navy,'' and inserting ``Secretary
                concerned''; and
                    (ii) by striking ``(as defined in section 101 of title
                10, United States Code)''; and
                (C) in paragraph (3)--
                    (i) by striking ``For purposes of this subsection--''
                and inserting ``In this subsection:'';
                    (ii) in subparagraph (A), by striking ``title 10,
                United States Code'' and inserting ``this title''; and
                    (iii) in subparagraph (B), by striking ``such term''
                and inserting ``that term''.

    SEC. 1085. 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. 1086. ACQUISITION OF AERIAL FIREFIGHTING EQUIPMENT FOR NATIONAL
                  INTERAGENCY FIRE CENTER.

        (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 acquire aircraft
        for use in aerial firefighting so that the military aircraft made
        available for aerial firefighting will instead 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 aircraft
    that are--
            (A) specifically designed and built for aerial firefighting;
            (B) certified by the Chief of the Forest Service as suited for
        conditions commonly experienced in aerial firefighting operations
        carried out in the United States, including Alaska; 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. 1087. REVISION TO REQUIREMENTS FOR RECOGNITION OF INSTITUTIONS OF
                  HIGHER EDUCATION AS HISPANIC-SERVING INSTITUTIONS FOR
                  PURPOSES OF CERTAIN GRANTS AND CONTRACTS.

        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. 1088. MILITARY EXTRATERRITORIAL JURISDICTION OVER CONTRACTORS
                  SUPPORTING DEFENSE MISSIONS OVERSEAS.

        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. 1089. DEFINITION OF UNITED STATES FOR PURPOSES OF FEDERAL CRIME OF
                  TORTURE.

        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. 1090. 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 ``2006''.
        (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. 1091. SENSE OF CONGRESS AND POLICY CONCERNING PERSONS DETAINED BY
                  THE UNITED STATES.

        (a) Sense of Congress.--It is the sense of Congress that--
            (1) the abuses inflicted upon detainees at the Abu Ghraib
        prison in Baghdad, Iraq, are inconsistent with the professionalism,
        dedication, standards, and training required of individuals who
        serve in the United States Armed Forces;
            (2) the vast majority of members of the Armed Forces have
        upheld the highest possible standards of professionalism and
        morality in the face of illegal tactics and terrorist attacks and
        attempts on their lives;
            (3) the abuse of persons in United States custody in Iraq is
        appropriately condemned and deplored by the American people;
            (4) the Armed Forces are moving swiftly and decisively to
        identify, try, and, if found guilty, punish persons who perpetrated
        such abuse;
            (5) the Department of Defense and appropriate military
        authorities must continue to undertake corrective action, as
        appropriate, to address chain-of-command deficiencies and the
        systemic deficiencies identified in the incidents in question;
            (6) the Constitution, laws, and treaties of the United States
        and the applicable guidance and regulations of the United States
        Government prohibit the torture or cruel, inhuman, or degrading
        treatment of foreign prisoners held in custody by the United
        States;
            (7) the alleged crimes of a handful of individuals should not
        detract from the commendable sacrifices of over 300,000 members of
        the Armed Forces who have served, or who are serving, in Operation
        Iraqi Freedom; and
            (8) no detainee shall be subject to torture or cruel, inhuman,
        or degrading treatment or punishment that is prohibited by the
        Constitution, laws, or treaties of United States.
        (b) Policy.--It is the policy of the United States to--
            (1) ensure that no detainee 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) investigate and prosecute, as appropriate, all alleged
        instances of unlawful treatment of detainees in a manner consistent
        with the international obligations, laws, or policies of the United
        States;
            (3) ensure that all personnel of the United States Government
        understand their obligations in both wartime and peacetime to
        comply with the legal prohibitions against torture, cruel, inhuman,
        or degrading treatment of detainees in the custody of the United
        States;
            (4) ensure that, in a case in which there is doubt as to
        whether a detainee is entitled to prisoner of war status under the
        Geneva Conventions, such detainee receives the protections accorded
        to prisoners of war until the detainee's status is determined by a
        competent tribunal; and
            (5) expeditiously process and, if appropriate, prosecute
        detainees in the custody of the United States, including those in
        the custody of the United States Armed Forces at Guantanamo Bay,
        Cuba.
        (c) Detainees.--For purposes of this section, the term ``detainee''
    means a person in the custody or under the physical control of the
    United States as a result of armed conflict.

    SEC. 1092. ACTIONS TO PREVENT THE ABUSE OF DETAINEES.

        (a) Policies Required.--The Secretary of Defense shall ensure that
    policies are prescribed not later than 150 days after the date of the
    enactment of this Act regarding procedures for Department of Defense
    personnel and contractor personnel of the Department of Defense
    intended to ensure that members of the Armed Forces, and all persons
    acting on behalf of the Armed Forces or within facilities of the Armed
    Forces, treat persons detained by the United States Government in a
    humane manner consistent with the international obligations and laws of
    the United States and the policies set forth in section 1091(b).
        (b) Matters to Be Included.--In order to achieve the objective
    stated in subsection (a), the policies under that subsection shall
    specify, at a minimum, procedures for the following:
            (1) Ensuring that each commander of a Department of Defense
        detention facility or interrogation facility--
                (A) provides all assigned personnel with training, and
            documented acknowledgment of receiving training, regarding the
            law of war, including the Geneva Conventions; and
                (B) establishes standard operating procedures for the
            treatment of detainees.
            (2) Ensuring that each Department of Defense contract in which
        contract personnel in the course of their duties interact with
        individuals detained by the Department of Defense on behalf of the
        United States Government include a requirement that such contract
        personnel have received training, and documented acknowledgment of
        receiving training, regarding the international obligations and
        laws of the United States applicable to the detention of personnel.
            (3) Providing all detainees with information, in their own
        language, of the applicable protections afforded under the Geneva
        Conventions.
            (4) Conducting periodic unannounced and announced inspections
        of detention facilities in order to provide continued oversight of
        interrogation and detention operations.
            (5) Ensuring that, to the maximum extent practicable, detainees
        and detention facility personnel of a different gender are not
        alone together.
        (c) Secretary of Defense Certification.--The Secretary of Defense
    shall certify that all Federal employees and civilian contractors
    engaged in the handling or interrogation of individuals detained by the
    Department of Defense on behalf of the United States Government have
    fulfilled an annual training requirement on the law of war, the Geneva
    Conventions, and the obligations of the United States under
    international law.

    SEC. 1093. REPORTING REQUIREMENTS.

        (a) Transmission of Regulations, Etc.--Not later than 30 days after
    the date on which regulations, policies, and orders are first
    prescribed under section 1092(a), the Secretary of Defense shall
    transmit to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives copies of
    such regulations, policies, or orders, together with a report on steps
    taken to the date of the report to implement section 1092.
        (b) One-Year Implementation Report.--Not later than one year after
    the date on which regulations, policies, and orders are first
    prescribed under section 1092(a), the Secretary shall submit to such
    committees a report on further steps taken to implement section 1092 to
    the date of such report.
        (c) Annual Report.--Nine months after the date of the enactment of
    this Act and annually thereafter, 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 for the preceding 12-
    months containing the following:
            (1) Notice of any investigation into any violation of
        international obligations or laws of the United States regarding
        the treatment of individuals detained by the United States Armed
        Forces or by a person providing services to the Department of
        Defense on a contractual basis, if the notice will not compromise
        any ongoing criminal or administrative investigation or
        prosecution.
            (2) General information on the foreign national detainees in
        the custody of the Department of Defense during the 12-month period
        covered by the report, including the following:
                (A) The best estimate of the Secretary of Defense of the
            total number of detainees in the custody of the Department as
            of the date of the report.
                (B) The best estimate of the Secretary of Defense of the
            total number of detainees released from the custody of the
            Department during the period covered by the report.
                (C) An aggregate summary of the number of persons detained
            as enemy prisoners of war, civilian internees, and unlawful
            combatants, including information regarding the average length
            of detention for persons in each category.
                (D) An aggregate summary of the nationality of persons
            detained.
                (E) Aggregate information as to the transfer of detainees
            to the jurisdiction of other countries, and the countries to
            which transferred.
        (d) Classification of Reports.--Reports submitted under this
    section shall be submitted, to the extent practicable, in unclassified
    form, but may include a classified annex as necessary to protect the
    national security of the United States.
        (e) Termination.--The requirements of this section shall cease to
    be in effect on December 31, 2007.

    SEC. 1094. FINDINGS AND SENSE OF CONGRESS CONCERNING ARMY SPECIALIST
                  JOSEPH DARBY.

        (a) Findings.--Congress makes the following findings:
            (1) The need to act in accord with one's conscience, risking
        one's career and even the esteem of one's colleagues by pursuing
        what is right is especially important today.
            (2) While the Department of Defense investigates the horrific
        abuses in American detention facilities in Iraq, the Nation should
        bear in mind that the abuses were only brought to light because of
        the courage of an American soldier.
            (3) By alerting his superiors to abuses at Abu Ghraib prison in
        Iraq, Army Specialist Joseph Darby demonstrated the courage to
        speak out and do what is right for his country.
            (4) Such an action is especially important in light of the many
        challenges facing the country.
            (5) Specialist Darby deserves the Nation's thanks for speaking
        up and for standing up for what is right.
        (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Secretary of Defense should make every protection
        available to Army Specialist Joseph Darby and others who
        demonstrate such courage; and
            (2) Specialist Darby should be commended appropriately by the
        Secretary of the Army.

                      TITLE XI--CIVILIAN PERSONNEL MATTERS

    Sec. 1101. Payment of Federal employee health benefit premiums for
              mobilized Federal employees.
    Sec. 1102. Foreign language proficiency pay.
    Sec. 1103. Pay and performance appraisal parity for civilian
              intelligence personnel.
    Sec. 1104. Pay parity for senior executives in defense nonappropriated
              fund instrumentalities.
    Sec. 1105. Science, mathematics, and research for transformation (SMART)
              defense scholarship pilot program.
    Sec. 1106. Report on how to recruit and retain individuals with foreign
              language skills.
    Sec. 1107. Plan on implementation and utilization of flexible personnel
              management authorities in Department of Defense laboratories.

    SEC. 1101. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PREMIUMS FOR
                  MOBILIZED FEDERAL EMPLOYEES.

        (a) Authority to Continue Benefit Coverage.--Section 8905a of title
    5, United States Code is amended--
            (1) in subsection (a), by striking ``paragraph (1) or (2) of'';
            (2) in subsection (b)--
                (A) in paragraph (1)(B), by striking ``and'' at the end;
                (B) in paragraph (2)(C), by striking the period at the end
            and inserting ``; and''; and
                (C) by adding at the end the following new paragraph:
            ``(3) any employee who--
                ``(A) is enrolled in a health benefits plan under this
            chapter;
                ``(B) is a member of a reserve component of the armed
            forces;
                ``(C) is called or ordered to active duty in support of a
            contingency operation (as defined in section 101(a)(13) of
            title 10);
                ``(D) is placed on leave without pay or separated from
            service to perform active duty; and
                ``(E) serves on active duty for a period of more than 30
            consecutive days.''; and
            (4) in subsection (e)(1)--
                (A) in subparagraph (A), by striking ``or'' at the end;
                (B) in subparagraph (B), by striking the period at the end
            and inserting ``; or''; and
                (C) by adding at the end the following new subparagraph:
                ``(C) in the case of an employee described in subsection
            (b)(3), the date which is 24 months after the employee is
            placed on leave without pay or separated from service to
            perform active duty.''.
        (b) Authority for Agencies To Pay Premiums.--Subparagraph (C) of
    section 8906(e)(3) of such title is amended by striking ``18 months''
    and inserting ``24 months''.
        (c) Effective Date.--The amendments made by this section shall
    apply with respect to Federal employees called or ordered to active
    duty on or after September 14, 2001.

    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.--The amendment by this section shall take
    effect on the first day of the first month that begins after the date
    of the enactment of this Act.

    SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY FOR CIVILIAN
                  INTELLIGENCE PERSONNEL.

        (a) Pay Rates.--Section 1602 of title 10, United States Code, is
    amended--
            (1) in subsection (a), 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
        and subject to the same limitations on maximum rates of pay
        established for employees of the Department of Defense by law or
        regulation'';
            (2) by striking subsection (b); and
            (3) by redesignating subsection (c) as subsection (b).
        (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. 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 senior executives under subsection (a) is to
    provide for parity between the total compensation provided for such
    senior executives 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. 1105. 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 the date of the enactment of this Act.
        (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 1105 of the Ronald W.
            Reagan 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. 1106. REPORT ON HOW TO RECRUIT AND RETAIN INDIVIDUALS WITH FOREIGN
                  LANGUAGE SKILLS.

        Not later than March 31, 2005, 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. 1107. 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) Section 9902(c) of title 5, United States Code.
            (4) 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 the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives the plan
    under subsection (a) not later than December 1, 2005.

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

      Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on
                                    Terrorism

    Sec. 1201. Commanders' Emergency Response Program.
    Sec. 1202. Assistance to Iraq and Afghanistan military and security
              forces.
    Sec. 1203. Redesignation and modification of authorities relating to
              Inspector General of the Coalition Provisional Authority.
    Sec. 1204. Presidential report on strategy for stabilization of Iraq.
    Sec. 1205. Guidance on contractors supporting deployed forces in Iraq.
    Sec. 1206. Report on contractors supporting deployed forces and
              reconstruction efforts in Iraq.
    Sec. 1207. United Nations Oil-for-Food Program.
    Sec. 1208. Support of military operations to combat terrorism.

                    Subtitle B--Counterproliferation Matters

    Sec. 1211. Defense international counterproliferation programs.
    Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic
              missiles.
    Sec. 1213. Sense of Congress on the global partnership against the
              spread of weapons of mass destruction.
    Sec. 1214. Report on collaborative measures to reduce the risks of a
              launch of Russian nuclear weapons.

                            Subtitle C--Other Matters

    Sec. 1221. Authority for humanitarian assistance for the detection and
              clearance of landmines extended to include other explosive
              remnants of war.
    Sec. 1222. Expansion of entities of the People's Republic of China
              subject to certain presidential authorities when operating in
              the United States.
    Sec. 1223. Assignment of NATO naval personnel to submarine safety
              programs.
    Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members.
    Sec. 1225. Bilateral exchanges and trade in defense articles and defense
              services between the United States and the United Kingdom and
              Australia.
    Sec. 1226. Study on missile defense cooperation.

     Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on
                                   Terrorism

    SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

        (a) Fiscal Year 2005 Authority.--During fiscal year 2005, from
    funds made available to the Department of Defense for operation and
    maintenance pursuant to title XV, not to exceed $300,000,000 may be
    used to provide funds--
            (1) for the Commanders' Emergency Response Program, 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
        requirements within their areas of responsibility by carrying out
        programs that will immediately assist the Iraqi people; and
            (2) for a similar program to assist the people of Afghanistan.
        (b) Quarterly Reports.--Not later than 15 days after the end of
    each fiscal-year quarter (beginning with the first quarter of fiscal
    year 2005), the Secretary of Defense shall submit to the congressional
    defense committees a report regarding the source of funds and the
    allocation and use of funds during that quarter that were made
    available pursuant to the authority provided in this section or under
    any other provision of law for the purposes stated in subsection (a).
        (c) Waiver Authority.--For purposes of the exercise of the
    authority provided by this section or any other provision of law making
    funding available for the Commanders' Emergency Response Program
    referred to in subsection (a) (including a program referred to in
    paragraph (2) of that subsection), the Secretary may waive any
    provision of law not contained in this section that would (but for the
    waiver) prohibit, restrict, limit, or otherwise constrain the exercise
    of that authority.
        (d) Review of Laws.--Not later than 120 days after the date of the
    enactment of this Act, the Secretary shall submit to the Committee on
    Armed Services of the Senate and the Committee on Armed Services of the
    House of Representatives a report identifying all provisions of law
    that (if not waived) would prohibit, restrict, limit, or otherwise
    constrain the exercise of the authority provided in this section or any
    other provision of law using funds available for the purposes stated in
    subsection (a).

    SEC. 1202. ASSISTANCE TO IRAQ AND AFGHANISTAN MILITARY AND SECURITY
                  FORCES.

        (a) Authority.--The Secretary of Defense may provide assistance
    under this section to Iraq and Afghanistan military and security
    forces. Such assistance shall be provided, subject to the provisions of
    this section, solely to enhance the ability of such forces 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.--Assistance under this section or under any other
    provision of law for the purpose described in subsection (a) may be
    provided only from funds available to the Department of Defense for
    fiscal year 2005 for operation and maintenance under title XV. The
    total amount of such assistance may not exceed $500,000,000.
        (d) Congressional Notification.--Before any provision of assistance
    under this section or any other provision of law for the purpose
    described in subsection (a), the Secretary of Defense shall submit to
    the congressional defense committees a notification of the assistance
    proposed to be provided. Any such notification shall be submitted not
    less than 15 days before the provision of such assistance.
        (e) Military and Security Forces Defined.--For purposes of this
    section, the term ``military and security forces'' means national
    armies, national guard forces, border security forces, civil defense
    forces, infrastructure protection forces, and police.

    SEC. 1203. 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 for
    the 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 for the 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)--
                (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) by striking ``Neither the head of the Coalition
                Provisional Authority,'' and all that follows through ``nor
                any other officer'' and inserting ``No officer''; and
                    (ii) by striking ``investigation,'' and all that
                follows through ``course of any'' and inserting
                ``investigation related to the Iraq Relief and
                Reconstruction Fund or from issuing any subpoena during the
                course of any such'';
            (2) in subsection (h)--
                (A) in paragraphs (4)(B) and (5), by striking ``head of the
            Coalition Provisional Authority'' and inserting ``Secretary of
            State or Secretary of Defense, as appropriate,''; and
                (B) in paragraph (5), by striking ``at the central and
            field locations of the Coalition Provisional Authority'' and
            inserting ``within the Department of Defense or 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'' the second place it appears and
                    inserting ``the Secretary of State or the Secretary of
                    Defense, as the case may be,''; and

                    (ii) in subparagraph (B), by striking ``the head of the
                Coalition Provisional Authority'' and inserting ``the
                Secretary of State or the Secretary of Defense, as the case
                may be,''; and
            (4) in subsection (k), by striking ``the head of the Coalition
        Provisional Authority shall'' both places 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--
            (1) in the matter preceding subparagraph (A), 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''; and
            (2) in subparagraph (D), by striking ``the Coalition
        Provisional Authority,'' and all that follows through ``Government,
        and'' and inserting ``departments, agencies, and entities of the
        United States and''.
        (g) Interagency Coordination.--Subsection (f) of such section is
    further amended by 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 State.
            ``(B) The Inspector General of the Department of Defense.
            ``(C) The Inspector General of the United States Agency for
        International Development.''.
        (h) Powers and Authorities.--Subsection (g)(1) 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) by striking the first sentence and inserting the
            following: ``Not later than 30 days after the end of each
            fiscal-year quarter, the Inspector General shall submit to the
            appropriate committees of Congress a report summarizing, for
            the period of that quarter and, to the extent possible, the
            period from the end of such quarter to the time of the
            submission of the report, the activities during such period of
            the Inspector General and the activities under 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)--
                    (i) by striking ``the Coalition Provisional Authority
                and of any other''; and
                    (ii) by striking ``appropriated funds'' and inserting
                ``amounts appropriated or otherwise made available to the
                Iraq Relief and Reconstruction Fund''; and
                (D) in subparagraph (F)(iii), 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)--
                (A) by striking ``Not later than June 30, 2004, and
            semiannually thereafter, the'' and inserting ``The'';
                (B) by striking ``a report'' and inserting ``semiannual
            reports''; and
                (C) and by adding at the end the following new sentence:
            ``The first such report for a year, covering the first six
            months of the year, shall be submitted not later than July 31
            of that year, and the second such report, covering the second
            six months of the year, shall be submitted not later than
            January 31 of the following year.''; and
            (4) in paragraph (4), by striking ``of the Coalition
        Provisional Authority'' and inserting ``of 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 and the Secretary of Defense, 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. 1204. PRESIDENTIAL REPORT ON STRATEGY FOR STABILIZATION OF IRAQ.

        (a) Stabilization Strategy.--Not later than 120 days after the date
    of the enactment of this Act, the President shall submit to Congress 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:
            (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--
                (A) the current military forces of coalition countries
            deployed to Iraq;
                (B) the current police forces of coalition countries
            deployed to Iraq;
                (C) the current financial resources of coalition countries
            pledged and provided for the stabilization and reconstruction
            of Iraq; and
                (D) a list of countries that have pledged to deploy
            military or police forces, including the schedule and level of
            such deployments.
            (3) The strategic plan referred to in subsection (b) relating
        to Iraqi security forces.
            (4) 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.
            (5) 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.
            (6) 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.
        (b) Iraqi Security Forces.--The President shall include in the
    report under subsection (a) a strategic plan setting forth the manner
    in which the coaltion will achieve the goal of establishing viable and
    professional Iraqi security forces able to provide for the long-term
    security of the Iraqi people. That strategic plan shall include at
    least the following:
            (1) Recruiting and retention goals, shown for each service of
        the Iraqi security forces.
            (2) Training plans for each service of the Iraqi security
        forces.
            (3) A description of metrics by which progress toward the goal
        of Iraqi provision for its own security can be measured.
            (4) A description of equipment needs, shown for each service of
        the Iraqi security forces.
            (5) A resourcing plan for achieving the goals of the strategic
        plan.
            (6) Personnel plans in terms of United States military and
        contractor personnel to be used in training each such service.
            (7) A description of challenges faced and opportunities
        presented in particular regions of Iraq and a plan for addressing
        those challenges.
            (8) A discussion of training and deployment successes and
        failures to the date of the report and how lessons from those
        successes and failures will be incorporated into the strategic
        plan.
        (c) Quarterly Reports.--Not later than 30 days after the end of
    each quarter of calendar year 2005, the Secretary of Defense shall
    submit to the Congress a report on the actions taken under the
    strategic plan set forth pursuant to subsection (b) since the date of
    the enactment of this Act. Each such report shall be prepared in
    conjunction with the Secretary of State.

    SEC. 1205. GUIDANCE ON CONTRACTORS SUPPORTING DEPLOYED FORCES IN IRAQ.

        (a) Guidance.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Defense shall issue guidance on
    how the Department of Defense shall manage contractor personnel who
    support deployed forces and shall direct the Secretaries of the
    military departments to develop procedures to ensure implementation of
    that guidance. The guidance shall--
            (1) establish policies for the use of contractors to support
        deployed forces;
            (2) delineate the roles and responsibilities of commanders
        regarding the management and oversight of contractor personnel who
        support deployed forces; and
            (3) integrate into a single document other guidance and
        doctrine that may affect Department of Defense responsibilities to
        contractors in locations where members of the Armed Forces are
        deployed.
        (b) Issues to be Addressed.--The guidance issued under subsection
    (a) shall address at least 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 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.
            (9) Establishing categories of security, intelligence, law
        enforcement, and criminal justice functions that are--
                (A) inherently governmental functions under Subpart 7.5 of
            the Federal Acquisition Regulation; or
                (B) although not inherently governmental functions, should
            not ordinarily be performed by contractors in areas of
            operations.
            (10) Establishing procedures for making and documenting
        determinations about which security, intelligence, law enforcement,
        and criminal justice functions will be performed by military
        personnel and which will be performed by private companies.
        (c) Report.--Not later than 30 days after issuing the guidance
    required under subsection (a), the Secretary of Defense shall submit to
    the Committees on Armed Services of the Senate and House of
    Representatives a report on the guidance issued under subsection (a).

    SEC. 1206. REPORT ON CONTRACTORS SUPPORTING DEPLOYED FORCES AND
                  RECONSTRUCTION EFFORTS IN IRAQ.

        (a) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    Committee on Armed Services of the Senate and the Committee on Armed
    Services of the House of Representatives a report on contractors
    supporting deployed forces and reconstruction efforts in Iraq.
        (b) Matters To Be Included.--The report required by subsection (a)
    shall include, at a minimum, the following matters with respect to
    contractors, and employees of contractors, described in subsection (a):
            (1) A description of the overall chain of command and oversight
        mechanisms that are in place to ensure adequate command and
        supervision of such contractor employees in critical security
        roles.
            (2) A description of sanctions that are available to be imposed
        on such a contractor employee who--
                (A) fails to comply with a requirement of law or regulation
            that applies to such employee; or
                (B) engages in other misconduct.
            (3) A description of disciplinary and criminal actions brought
        against contractor employees during the period beginning on May 1,
        2003, and ending on the date of the enactment of this Act.
            (4) An explanation of the legal status of contractor employees
        engaged in the performance of security functions in Iraq after the
        transfer of sovereign power to Iraq on June 28, 2004.
            (5) A specification of casualty and fatality figures for
        contractor employees supporting deployed forces and reconstruction
        efforts in Iraq, shown, to the extent practicable, in the following
        categories:
                (A) Total casualties and total fatalities.
                (B) Casualties and fatalities among--
                    (i) nationals of the United States;
                    (ii) nationals of Iraq; and
                    (iii) nationals of states other than the United States
                and Iraq.
            (6) A description, to the maximum extent practicable, of
        incidents in which contractor employees supporting deployed forces
        and reconstruction efforts in Iraq have been engaged in hostile
        fire or other incidents of note during the period beginning on May
        1, 2003, and ending on the date of the enactment of this Act.
        (c) Plans.--The Secretary shall include with the report under
    subsection (a) the following plans:
            (1) A plan for establishing and implementing a process for
        collecting data on individual contractors, the value of the
        contracts, the number of casualties incurred, and the number of
        personnel in Iraq performing the following services for the
        Department of Defense and other Federal agencies:
                (A) Personal security details.
                (B) Nonmilitary site security.
                (C) Nonmilitary convoy security.
                (D) Interrogation services at interrogation centers
            operated by the Department of Defense.
            (2) A plan for ensuring that military commanders in the theater
        of operations have accurate information on the number, types, and
        sources of weapons and other critical equipment (such as body
        armor, armored vehicles, secure communications and friend-foe
        identification) that contractor personnel performing services
        specified in paragraph (1) are authorized to possess.
        (d) Coordination.--In the preparation of the report under this
    section (including the plans under subsection (c)), the Secretary of
    Defense shall coordinate, as appropriate, with the head of any Federal
    agency that is involved in the procurement of services from contractors
    supporting deployed forces and reconstruction efforts in Iraq. The head
    of any such agency shall provide to the Secretary of Defense such
    information as the Secretary may require about such contractors to
    complete the report.

    SEC. 1207. UNITED NATIONS OIL-FOR-FOOD PROGRAM.

        (a) Access to Documents.--It is the sense of Congress that the
    Secretary of State should seek to conclude a memorandum of
    understanding with the Interim Government of Iraq to ensure that the
    United States will have access to all documents in the possession of
    that Government related to the United Nations Oil-for-Food Program.
        (b) 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
    to the United States copies of all audits and core documents related to
    the United Nations Oil-for-Food Program, including all audits,
    examinations, studies, reviews, or similar documents prepared by the
    United Nations Office of Internal Oversight Services and all responses
    to such documents.
        (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-483), the Comptroller
    General should have full and complete access to financial information
    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 access by the
    Comptroller General to the financial information described in paragraph
    (2).
        (c) Cooperation in Investigations.--The head of any Executive
    agency (including the Secretary of State, the Secretary of Defense, the
    Secretary of the Treasury, and the Director of the Central Intelligence
    Agency) shall, upon a request in connection with an investigation of
    the United Nations Oil-for-Food Program made by a committee of
    jurisdiction of the Senate or House of Representatives, promptly
    provide to the chairman of that committee--
            (1) access to any information or document described in
        subsection (a) or (b) that is under the control of such agency and
        responsive to the request; and
            (2) cooperation in gaining access to information and documents
        described in subsections (a) and (b) that are not under the control
        of such agency, as appropriate.
        (d) Review of Oil-for-Food Program by Comptroller General.--(1) The
    Comptroller General shall conduct a review of the United Nations Oil-
    for-Food Program, including the role of the United States in that
    program. The review--
            (A) in accordance with generally accepted government auditing
        standards, should not interfere with any ongoing criminal
        investigation or inquiry related to that program; and
            (B) may take into account the results of any investigation or
        inquiry related to that program.
        (2) The head of each Executive agency shall fully cooperate with
    the review of the Comptroller General under paragraph (1).
        (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. 1208 SUPPORT OF MILITARY OPERATIONS TO COMBAT TERRORISM.

        (a) Authority.--The Secretary of Defense may expend up to
    $25,000,000 during any fiscal year during which this subsection is in
    effect to provide support to foreign forces, irregular forces, groups,
    or individuals engaged in supporting or facilitating ongoing military
    operations by United States special operations forces to combat
    terrorism.
        (b) Procedures.--The Secretary of Defense shall establish
    procedures for the exercise of the authority under subsection (a). The
    Secretary shall notify the congressional defense committees of those
    procedures before any exercise of that authority.
        (c) Notification.--Upon using the authority provided in subsection
    (a) to make funds available for support of an approved military
    operation, the Secretary of Defense shall notify the congressional
    defense committees expeditiously, and in any event in not less than 48
    hours, of the use of such authority with respect to that operation.
    Such a notification need be provided only once with respect to any such
    operation. Any such notification shall be in writing.
        (d) Limitation on Delegation.--The authority of the Secretary of
    Defense to make funds available under subsection (a) for support of a
    military operation may not be delegated.
        (e) Intelligence Activities.--This section does not constitute
    authority to conduct a covert action, as such term is defined in
    section 503(e) of the National Security Act of 1947 (50 U.S.C.
    413b(e)).
        (f) Annual Report.--Not later than 30 days after the close of each
    fiscal year during which subsection (a) is in effect, the Secretary of
    Defense shall submit to the congressional defense committees a report
    on support provided under that subsection during that fiscal year. Each
    such report shall describe the support provided, including a statement
    of the recipient of the support and the amount obligated to provide the
    support.
        (g) Fiscal Year 2005 Limitation.--Support may be provided under
    subsection (a) during fiscal year 2005 only from funds made available
    for operations and maintenance pursuant to title XV of this Act.
        (h) Period of Authority.--The authority under subsection (a) is in
    effect during each of fiscal years 2005 through 2007.

                    Subtitle B--Counterproliferation Matters

    SEC. 1211. DEFENSE INTERNATIONAL COUNTERPROLIFERATION PROGRAMS.

        (a) International Security Program to Prevent Unauthorized Transfer
    and Transportation of WMDs.--Subsection (b) of section 1424 of the
    Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C.
    2333) is amended to read as follows:
        ``(b) Other Countries.--The Secretary of Defense may carry out
    programs under subsection (a) in a country other than a country
    specified in that subsection if the Secretary determines that there
    exists in that country a significant threat of the unauthorized
    transfer and transportation of nuclear, biological, or chemical weapons
    or related materials.''.
        (b) International Training Program to Deter WMD Proliferation.--
    Section 1504(e)(3)(A) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2918) is amended--
            (1) by striking ``The training program referred to in paragraph
        (1)(B) is a'' and inserting `The Secretary of Defense may
        participate in a'';
            (2) by inserting ``of'' after ``acquisition'';
            (3) by striking ``and'' after ``countries,''; and
            (4) by inserting before the period at the end the following:
        ``, and in other countries in which, as determined by the Secretary
        of Defense, there exists a significant threat of such proliferation
        and acquisition''.

    SEC. 1212. POLICY AND SENSE OF CONGRESS ON NONPROLIFERATION OF
                  BALLISTIC MISSILES.

        (a) Findings.--Congress makes the following findings:
            (1) 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, deployed members
        of the Armed Forces, and allies of the United States and other
        friendly foreign countries.
            (2) Certain countries continue to actively transfer or sell
        ballistic missile technologies in contravention of standards of
        behavior established by the United States and allies of the United
        States and other friendly foreign countries.
            (3) 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 missiles and technologies.
        (b) 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 of the United States and other friendly foreign countries, and
    deployed members of the Armed Forces of the United States with weapons
    of mass destruction.
        (c) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should vigorously pursue foreign policy
        initiatives aimed at eliminating, reducing, or retarding the
        proliferation of ballistic missiles and related technologies; and
            (2) 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 (April 28, 2004) and the Missile
        Technology Control Regime, that are designed to eliminate, reduce,
        or retard the proliferation of ballistic missiles and related
        technologies.

    SEC. 1213. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP AGAINST THE
                  SPREAD OF WEAPONS OF MASS DESTRUCTION.

        (a) Commendation of President.--Congress commends the President for
    the steps taken at the G-8 summit at Sea Island, Georgia, on June 8-10,
    2004--
            (1) to demonstrate continued support for the Global Partnership
        against the Spread of Nuclear Weapons and Materials of Mass
        Destruction; and
            (2) to expand the Partnership (A) by welcoming new members, and
        (B) by using the Partnership to coordinate nonproliferation
        projects in Libya, Iraq, and other countries.
        (b) Future Actions.--It is the sense of Congress that the President
    should seek to--
            (1) expand the membership of donor nations to the Global
        Partnership against the Spread of Nuclear Weapons and Materials of
        Mass Destruction;
            (2) ensure that the Russian Federation remains the primary
        focus of the Partnership, but also seek to fund, through the
        Partnership, efforts in other countries that need assistance to
        secure or dismantle their own 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. 1214. REPORT ON COLLABORATIVE MEASURES TO REDUCE THE RISKS OF A
                  LAUNCH OF RUSSIAN NUCLEAR WEAPONS.

        Not later than November 1, 2005, the Secretary of Defense shall
    submit to Congress a report on collaborative measures between the
    United States and the Russian Federation to reduce the risks of a
    launch of a nuclear-armed ballistic missile as a result of accident,
    misinformation, miscalculation, or unauthorized use. The report shall
    provide--
            (1) a description and assessment of the collaborative measures
        that are currently in effect;
            (2) a description and assessment of other collaborative
        measures that could be pursued in the future;
            (3) an assessment of the potential contributions of such
        collaborative measures to the national security of the United
        States;
            (4) an assessment of the effect of such collaborative measures
        on relations between the United States and the Russian Federation;
            (5) a description of the obstacles and opportunities associated
        with pursuing such collaborative measures; and
            (6) an assessment of the future of the Joint Data Exchange
        Center.

                           Subtitle C--Other Matters

    SEC. 1221. AUTHORITY FOR HUMANITARIAN ASSISTANCE FOR THE DETECTION AND
                  CLEARANCE OF LANDMINES EXTENDED TO INCLUDE OTHER
                  EXPLOSIVE REMNANTS OF WAR.

        (a) Extension of Authority.--Subsection (e)(5) of section 401 of
    title 10, United States Code, is amended by inserting ``and other
    explosive remnants of war'' after ``landmines'' both places it appears.
        (b) Conforming Amendments.--Such section is further amended--
            (1) in subsection (a)(4)(A), by inserting ``or other explosive
        remnants of war'' after ``landmines''; and
            (2) in subsection (c)(2)(B), by striking ``landmine clearing
        equipment or supplies'' and inserting ``equipment or supplies for
        clearing landmines or other explosive remnants of war''.

    SEC. 1222. EXPANSION OF ENTITIES OF THE PEOPLE'S REPUBLIC OF CHINA
                  SUBJECT TO CERTAIN PRESIDENTIAL AUTHORITIES WHEN
                  OPERATING IN THE UNITED STATES.

        Section 1237(b)(4)(B)(i) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is
    amended--
            (1) by inserting ``, or affiliated with,'' after ``or
        controlled by''; and
            (2) by inserting after ``the People's Liberation Army'' the
        following: ``or a ministry of the government of the People's
        Republic of China or that is owned or controlled by an entity
        affiliated with the defense industrial base of the People's
        Republic of China''.

    SEC. 1223. ASSIGNMENT OF NATO NAVAL PERSONNEL TO SUBMARINE SAFETY
                  PROGRAMS.

        (a) In General.--Chapter 631 of title 10, United States Code, is
    amended by adding at the end the following new section:

    ``Sec. 7234. Submarine safety programs: participation of NATO naval
                personnel

        ``(a) Acceptance of Assignment of Foreign Naval Personnel.--In
    order to facilitate the development, standardization, and
    interoperability of submarine vessel safety and rescue systems and
    procedures, the Secretary of the Navy may conduct a program under which
    members of the naval service of any of the member nations of the North
    Atlantic Treaty Organization may be assigned to United States commands
    to work on such systems and procedures.
        ``(b) Reciprocity Not Required.--The authority under subsection (a)
    is not an exchange program. Reciprocal assignments of members of the
    Navy to the naval service of a foreign country is not a condition for
    the exercise of such authority.
        ``(c) Costs for Foreign Personnel.--(1) The United States may not
    pay the following costs for a member of a foreign naval service sent to
    the United States under the program authorized by this section:
            ``(A) Salary.
            ``(B) Per diem.
            ``(C) Cost of living.
            ``(D) Travel costs.
            ``(E) Cost of language or other training.
            ``(F) Other costs.
        ``(2) Paragraph (1) does not apply to the following costs, which
    may be paid by the United States:
            ``(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 training programs conducted to familiarize,
        orient, or certify members of foreign naval services regarding
        unique aspects of their assignments.
            ``(C) Costs 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 in the exercise of any authority of the Secretary
    of the Navy to enter into an agreement with the government of a foreign
    country, subject to the concurrence of the Secretary of State, to
    provide for the assignment of members of the naval service of the
    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 naval service 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 adding at the end the following new item:

    ``7234. Submarine safety programs: participation of NATO naval
              personnel.''.

    SEC. 1224. AVAILABILITY OF WARSAW INITIATIVE FUNDS FOR NEW NATO
                  MEMBERS.

        (a) Availability of Funds.--Of the amount authorized to be
    appropriated by section 301(5) for operation and maintenance, defense-
    wide activities, and available for the Defense Security Cooperation
    Agency for the Warsaw Initiative Funds (WIF), $4,000,000 may be
    available only in fiscal year 2005 for the participation of the North
    Atlantic Treaty Organization (NATO) members set forth in subsection (b)
    in the exercises and programs of the Partnership for Peace program of
    the North Atlantic Treaty Organization.
        (b) NATO Members.--The North Atlantic Treaty Organization members
    set forth in this subsection are as follows:
            (1) Bulgaria.
            (2) Estonia.
            (3) Latvia.
            (4) Lithuania.
            (5) Romania.
            (6) Slovakia.
            (7) Slovenia.

    SEC. 1225. BILATERAL EXCHANGES AND TRADE IN DEFENSE ARTICLES AND
                  DEFENSE SERVICES BETWEEN THE UNITED STATES AND THE UNITED
                  KINGDOM AND AUSTRALIA.

        (a) Policy.--It is the policy of Congress that bilateral exchanges
    and trade in defense articles and defense services between the United
    States and the United Kingdom and Australia are in the national
    security interest of the United States and that such exchanges and
    trade should be subjected to accelerated review and processing
    consistent with national security and the requirements of the Arms
    Export Control Act (22 U.S.C. 2751 et seq.).
        (b) Requirement.--The Secretary of State shall ensure that any
    license application submitted for the export of defense articles or
    defense services to Australia or the United Kingdom is expeditiously
    processed by the Department of State, in consultation with the
    Department of Defense, without referral to any other Federal department
    or agency, except where the item is classified or exceptional
    circumstances apply.
        (c) Regulations.--The President shall ensure that regulations are
    prescribed to implement this section.

    SEC. 1226. STUDY ON MISSILE DEFENSE COOPERATION.

        (a) Requirement for Study.--The Secretary of Defense, in
    consultation with the Secretary of State, shall carry out a study to
    determine the advisability of authorizing or requiring--
            (1) the Secretary of State to 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; and
            (2) the Secretary of Defense to establish 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.
        (b) Feasibility of Requiring Comprehensive Authorizations for
    Missile Defense.--In carrying out the study under subsection (a), the
    Secretary of Defense, in consultation with the Secretary of State,
    shall 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).
        (c) Report.--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, 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 on the results of the study under
    subsection (a). The report shall include--
            (1) the determinations resulting from the study, including a
        determination on the feasibility of providing the major project
        authorization for projects related to missile defense described in
        subsection (b); and
            (2) a discussion of the justification for each such
        determination.
        (d) 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)).

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

    Sec. 1301. Specification of Cooperative Threat Reduction programs and
              funds.
    Sec. 1302. Funding allocations.
    Sec. 1303. Temporary authority to waive limitation on funding for
              chemical weapons destruction facility in Russia.
    Sec. 1304. Inclusion of descriptive summaries in annual Cooperative
              Threat Reduction reports and budget justification materials.

    SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
                  FUNDS.

        (a) Specification of CTR Programs.--For purposes of section 301 and
    other provisions of this Act, Cooperative Threat Reduction programs are
    the programs specified in section 1501(b) of the National Defense
    Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
    2731; 50 U.S.C. 2362 note).
        (b) Fiscal Year 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. 1302. 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. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON FUNDING FOR
                  CHEMICAL WEAPONS DESTRUCTION FACILITY IN RUSSIA.

        (a) Temporary Authority.--Section 1305 of the National Defense
    Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C.
    5952 note) shall not apply for a calendar year for which the President
    submits to Congress a written certification that includes--
            (1) a statement as to why a waiver of the conditions described
        in such section 1305 is important to the national security
        interests of the United States;
            (2) a full and complete justification for the waiver of the
        conditions; and
            (3) a plan to promote a full and accurate disclosure by Russia
        regarding the size, content, status, and location of its chemical
        weapons stockpile.
        (b) Expiration.--The authority in subsection (a) shall expire on
    December 31, 2006, and no waiver shall remain in effect after that
    date.

    SEC. 1304. 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 XIV--SUNKEN MILITARY CRAFT

    Sec. 1401. Preservation of title to sunken military craft and associated
              contents.
    Sec. 1402. Prohibitions.
    Sec. 1403. Permits.
    Sec. 1404. Penalties.
    Sec. 1405. Liability for damages.
    Sec. 1406. Relationship to other laws.
    Sec. 1407. Encouragement of agreements with foreign countries.
    Sec. 1408. Definitions.

    SEC. 1401. PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT AND
                  ASSOCIATED CONTENTS.

        Right, title, and interest of the United States in and to any
    United States sunken military craft--
            (1) shall not be extinguished except by an express divestiture
        of title by the United States; and
            (2) shall not be extinguished by the passage of time,
        regardless of when the sunken military craft sank.

    SEC. 1402. PROHIBITIONS.

        (a) Unauthorized Activities Directed at Sunken Military Craft.--No
    person shall engage in or attempt to engage in any activity directed at
    a sunken military craft that disturbs, removes, or injures any sunken
    military craft, except--
            (1) as authorized by a permit under this title;
            (2) as authorized by regulations issued under this title; or
            (3) as otherwise authorized by law.
        (b) Possession of Sunken Military Craft.--No person may possess,
    disturb, remove, or injure any sunken military craft in violation of--
            (1) this section; or
            (2) any prohibition, rule, regulation, ordinance, or permit
        that applies under any other applicable law.
        (c) Limitations on Application.--
            (1) Actions by united states.--This section shall not apply to
        actions taken by, or at the direction of, the United States.
            (2) Foreign persons.--This section shall not apply to any
        action by a person who is not a citizen, national, or resident
        alien of the United States, except in accordance with--
                (A) generally recognized principles of international law;
                (B) an agreement between the United States and the foreign
            country of which the person is a citizen; or
                (C) in the case of an individual who is a crew member or
            other individual on a foreign vessel or foreign aircraft, an
            agreement between the United States and the flag State of the
            foreign vessel or aircraft that applies to the individual.
            (3) Loan of sunken military craft.--This section does not
        prohibit the loan of United States sunken military craft in
        accordance with regulations issued by the Secretary concerned.

    SEC. 1403. PERMITS.

        (a) In General.--The Secretary concerned may issue a permit
    authorizing a person to engage in an activity otherwise prohibited by
    section 1402 with respect to a United States sunken military craft, for
    archaeological, historical, or educational purposes, in accordance with
    regulations issued by such Secretary that implement this section.
        (b) Consistency With Other Laws.--The Secretary concerned shall
    require that any activity carried out under a permit issued by such
    Secretary under this section must be consistent with all requirements
    and restrictions that apply under any other provision of Federal law.
        (c) Consultation.--In carrying out this section (including the
    issuance after the date of the enactment of this Act of regulations
    implementing this section), the Secretary concerned shall consult with
    the head of each Federal agency having authority under Federal law with
    respect to activities directed at sunken military craft or the
    locations of such craft.
        (d) Application to Foreign Craft.--At the request of any foreign
    State, the Secretary of the Navy, in consultation with the Secretary of
    State, may carry out this section (including regulations promulgated
    pursuant to this section) with respect to any foreign sunken military
    craft of that foreign State located in United States waters.

    SEC. 1404. PENALTIES.

        (a) In General.--Any person who violates this title, or any
    regulation or permit issued under this title, shall be liable to the
    United States for a civil penalty under this section.
        (b) Assessment and Amount.--The Secretary concerned may assess a
    civil penalty under this section, after notice and an opportunity for a
    hearing, of not more than $100,000 for each violation.
        (c) Continuing Violations.--Each day of a continued violation of
    this title or a regulation or permit issued under this title shall
    constitute a separate violation for purposes of this section.
        (d) In Rem Liability.--A vessel used to violate this title shall be
    liable in rem for a penalty under this section for such violation.
        (e) Other Relief.--If the Secretary concerned determines that there
    is an imminent risk of disturbance of, removal of, or injury to any
    sunken military craft, or that there has been actual disturbance of,
    removal of, or injury to a sunken military craft, the Attorney General,
    upon request of the Secretary concerned, may seek such relief as may be
    necessary to abate such risk or actual disturbance, removal, or injury
    and to return or restore the sunken military craft. The district courts
    of the United States shall have jurisdiction in such a case to order
    such relief as the public interest and the equities of the case may
    require.
        (f) Limitations.--An action to enforce a violation of section 1402
    or any regulation or permit issued under this title may not be brought
    more than 8 years after the date on which--
            (1) all facts material to the right of action are known or
        should have been known by the Secretary concerned; and
            (2) the defendant is subject to the jurisdiction of the
        appropriate district court of the United States or administrative
        forum.

    SEC. 1405. LIABILITY FOR DAMAGES.

        (a) In General.--Any person who engages in an activity in violation
    of section 1402 or any regulation or permit issued under this title
    that disturbs, removes, or injures any United States sunken military
    craft shall pay the United States enforcement costs and damages
    resulting from such disturbance, removal, or injury.
        (b) Included Damages.--Damages referred to in subsection (a) may
    include--
            (1) the reasonable costs incurred in storage, restoration,
        care, maintenance, conservation, and curation of any sunken
        military craft that is disturbed, removed, or injured in violation
        of section 1402 or any regulation or permit issued under this
        title; and
            (2) the cost of retrieving, from the site where the sunken
        military craft was disturbed, removed, or injured, any information
        of an archaeological, historical, or cultural nature.

    SEC. 1406. RELATIONSHIP TO OTHER LAWS.

        (a) In General.--Except to the extent that an activity is
    undertaken as a subterfuge for activities prohibited by this title,
    nothing in this title is intended to affect--
            (1) any activity that is not directed at a sunken military
        craft; or
            (2) the traditional high seas freedoms of navigation,
        including--
                (A) the laying of submarine cables and pipelines;
                (B) operation of vessels;
                (C) fishing; or
                (D) other internationally lawful uses of the sea related to
            such freedoms.
        (b) International Law.--This title and any regulations implementing
    this title shall be applied in accordance with generally recognized
    principles of international law and in accordance with the treaties,
    conventions, and other agreements to which the United States is a
    party.
        (c) Law of Finds.--The law of finds shall not apply to--
            (1) any United States sunken military craft, wherever located;
        or
            (2) any foreign sunken military craft located in United States
        waters.
        (d) Law of Salvage.--No salvage rights or awards shall be granted
    with respect to--
            (1) any United States sunken military craft without the express
        permission of the United States; or
            (2) any foreign sunken military craft located in United States
        waters without the express permission of the relevant foreign
        state.
        (e) Law of Capture or Prize.--Nothing in this title is intended to
    alter the international law of capture or prize with respect to sunken
    military craft.
        (f) Limitation of Liability.--Nothing in sections 4281 through 4287
    and 4289 of the Revised Statutes (46 U.S.C. App. 181 et seq.) or
    section 3 of the Act of February 13, 1893 (chapter 105; 27 Stat. 445;
    46 U.S.C. App. 192), shall limit the liability of any person under this
    section.
        (g) Authorities of the Commandant of the Coast Guard.--Nothing in
    this title is intended to preclude or limit the application of any
    other law enforcement authorities of the Commandant of the Coast Guard.
        (h) Prior Delegations, Authorizations, and Related Regulations.--
    Nothing in this title shall invalidate any prior delegation,
    authorization, or related regulation that is consistent with this
    title.
        (i) Criminal Law.--Nothing in this title is intended to prevent the
    United States from pursuing criminal sanctions for plundering of
    wrecks, larceny of Government property, or violation of any applicable
    criminal law.

    SEC. 1407. ENCOURAGEMENT OF AGREEMENTS WITH FOREIGN COUNTRIES.

        The Secretary of State, in consultation with the Secretary of
    Defense, is encouraged to negotiate and conclude bilateral and
    multilateral agreements with foreign countries with regard to sunken
    military craft consistent with this title.

    SEC. 1408. DEFINITIONS.

        In this title:
            (1) Associated contents.--The term ``associated contents''
        means--
                (A) the equipment, cargo, and contents of a sunken military
            craft that are within its debris field; and
                (B) the remains and personal effects of the crew and
            passengers of a sunken military craft that are within its
            debris field.
            (2) Secretary concerned.--The term ``Secretary concerned''
        means--
                (A) subject to subparagraph (B), the Secretary of a
            military department; and
                (B) in the case of a Coast Guard vessel, the Secretary of
            the Department in which the Coast Guard is operating.
            (3) Sunken military craft.--The term ``sunken military craft''
        means all or any portion of--
                (A) any sunken warship, naval auxiliary, or other vessel
            that was owned or operated by a government on military
            noncommercial service when it sank;
                (B) any sunken military aircraft or military spacecraft
            that was owned or operated by a government when it sank; and
                (C) the associated contents of a craft referred to in
            subparagraph (A) or (B),
        if title thereto has not been abandoned or transferred by the
        government concerned.
            (4) United states contiguous zone.--The term ``United States
        contiguous zone'' means the contiguous zone of the United States
        under Presidential Proclamation 7219, dated September 2, 1999.
            (5) United states internal waters.--The term ``United States
        internal waters'' means all waters of the United States on the
        landward side of the baseline from which the breadth of the United
        States territorial sea is measured.
            (6) United states territorial sea.--The term ``United States
        territorial sea'' means the waters of the United States territorial
        sea under Presidential Proclamation 5928, dated December 27, 1988.
            (7) United states waters.--The term ``United States waters''
        means United States internal waters, the United States territorial
        sea, and the United States contiguous zone.

      TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
                     FREEDOM AND OPERATION ENDURING FREEDOM

    Sec. 1501. Purpose.
    Sec. 1502. Army procurement.
    Sec. 1503. Navy and Marine Corps procurement.
    Sec. 1504. Defense-wide activities procurement.
    Sec. 1505. Operation and maintenance.
    Sec. 1506. Defense working capital funds.
    Sec. 1507. Iraq Freedom Fund.
    Sec. 1508. Defense health program.
    Sec. 1509. Military personnel.
    Sec. 1510. Treatment as additional authorizations.
    Sec. 1511. Transfer authority.

    SEC. 1501. PURPOSE.

        The purpose of this title is to authorize emergency appropriations
    for the Department of Defense for fiscal year 2005 to provide funds for
    additional costs due to Operation Iraqi Freedom and Operation Enduring
    Freedom. Funds in this title are available upon the enactment of this
    Act.

    SEC. 1502. ARMY PROCUREMENT.

        Funds are hereby authorized to be appropriated for fiscal year 2005
    for procurement accounts of the Army in amounts as follows:
            (1) For weapons and tracked combat vehicles, $50,000,000.
            (2) For ammunition, $110,000,000.
            (3) For other procurement, $755,000,000.
            (4) For National Guard and Reserve equipment, $50,000,000.

    SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

        (a) Marine Corps.--Funds are hereby authorized to be appropriated
    for fiscal year 2005 for the procurement account for the Marine Corps
    in the amount of $150,000,000.
        (b) Navy and Marine Corps Ammunition.--Funds are hereby authorized
    to be appropriated for fiscal year 2005 for the procurement account for
    ammunition for the Navy and the Marine Corps in the amount of
    $30,000,000.

    SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

        Funds are hereby authorized to be appropriated for fiscal year 2005
    for the procurement account for Defense-wide procurement in the amount
    of $50,000,000.

    SEC. 1505. OPERATION AND MAINTENANCE.

        Funds are hereby authorized to be appropriated for fiscal year 2005
    for the use of the Armed Forces for expenses, not otherwise provided
    for, operation and maintenance, in amounts as follows:
            (1) For the Army, $13,550,000,000.
            (2) For the Navy, $367,000,000.
            (3) For the Marine Corps, $1,665,000,000.
            (4) For the Air Force, $419,000,000.
            (5) For Defense-wide, $404,000,000.

    SEC. 1506. DEFENSE WORKING CAPITAL FUNDS.

        Funds are hereby authorized to be appropriated for fiscal year 2005
    for Defense Working Capital Program in the amount of $1,478,000,000.

    SEC. 1507. IRAQ FREEDOM FUND.

        (a) In General.--Funds are hereby authorized to be appropriated for
    fiscal year 2005 for the account of the Iraq Freedom Fund in amount of
    $3,892,000,000, to remain available for transfer to other accounts in
    this title until September 30, 2006. Amounts of authorization so
    transferred shall be merged with and be made available for the same
    purposes as the authorization to which transferred. Of the amounts
    provided in this section $1,800,000,000 shall only be used for
    classified programs.
        (b) Notice to Congress.--A transfer may be made from the Iraq
    Freedom Fund only after the Secretary of Defense notifies the
    congressional defense committees with respect to the proposed transfer
    in writing not less than five days before the transfer is made.

    SEC. 1508. 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, the Defense Health Program, in the amount of $780,000,000, for
    Operation and Maintenance.

    SEC. 1509. MILITARY PERSONNEL.

        There is hereby authorized to be appropriated to the Department of
    Defense for military personnel accounts for fiscal year 2005 a total of
    $1,250,000,000.

    SEC. 1510. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

        The amounts authorized to be appropriated by this title are in
    addition to amounts otherwise authorized to be appropriated by this
    Act.

    SEC. 1511. 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 title 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
    $1,500,000,000. The transfer authority provided in this section is in
    addition to any other transfer authority available to the Secretary of
    Defense.
        (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;
            (2) may not be used to provide authority for an item that has
        been denied authorization by Congress; and
            (3) may not be combined with the authority under section 1001.
        (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.--A transfer may be made under the authority
    of this section only after the Secretary of Defense--
            (1) consults with the chairmen and ranking members of the
        congressional defense committees with respect to the proposed
        transfer; and
            (2) after such consultation, notifies those committees in
        writing of the proposed transfer not less than five days before the
        transfer is made.

                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.
    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.

    SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2104(a)(1), the
    Secretary of the Army may acquire real property and carry out military
    construction projects for the installations or locations inside the
    United States, and in the amounts, set forth in the following table:

                                             Army: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                          State                                 Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Alabama.........................................  Anniston Army Depot.........................       $23,690,000
                                                      Fort Rucker.................................       $16,000,000
    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...........................       $12,600,000
    Colorado........................................  Fort Carson.................................       $59,508,000
    Florida.........................................  Camp Rudder.................................        $1,850,000
    Georgia.........................................  Fort Benning................................       $71,777,000
                                                      Fort Gillem.................................        $5,800,000
                                                      Fort McPherson..............................        $4,900,000
                                                      Fort Stewart/Hunter Army Air Field..........       $65,495,000
    Hawaii..........................................  Helemano Military Reservation...............       $75,300,000
                                                      Hickam Air Force Base.......................       $11,200,000
                                                      Schofield Barracks..........................      $249,792,000
    Kansas..........................................  Fort Riley..................................       $59,550,000
    Kentucky........................................  Fort Campbell...............................       $89,600,000
                                                      Fort Knox...................................       $75,750,000
    Louisiana.......................................  Fort Polk...................................       $70,953,000
    Maryland........................................  Aberdeen Proving Ground.....................       $13,000,000
                                                      Fort Detrick................................        $4,000,000
    Missouri........................................  Fort Leonard Wood...........................       $31,850,000
    New Jersey......................................  Picatinny Arsenal...........................        $9,900,000
    New Mexico......................................  White Sands Missile Range...................       $33,000,000
    New York........................................  Fort Drum...................................       $13,650,000
                                                      Fort Hamilton...............................        $7,600,000
                                                      Hancock Field...............................        $6,000,000
                                                      Military Entrance Processing Station,               $6,200,000
                                                       Buffalo....................................
                                                      United States Military Academy, West Point..       $60,000,000
    North Carolina..................................  Fort Bragg..................................      $111,687,000
    Oklahoma........................................  Fort Sill...................................       $17,800,000
    Pennsylvania....................................  Letterkenny Depot...........................        $5,400,000
    Texas...........................................  Fort Bliss..................................       $19,400,000
                                                      Fort Hood...................................       $85,188,000
                                                      Fort Sam Houston............................       $11,400,000
    Virginia........................................  Fort A.P. Hill..............................       $10,775,000
                                                      Fort Lee....................................        $4,250,000
                                                      Fort Myer...................................       $49,526,000
    Washington......................................  Fort Lewis..................................       $56,200,000
                                                                                                   -----------------
                                                          Total...................................    $1,623,450,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Outside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2104(a)(2), the
    Secretary of the Army may acquire real property and carry out military
    construction projects for the installations or locations outside the
    United States, and in the amounts, set forth in the following table:

                         Army: Outside the United States
    ------------------------------------------------------------------------
               Country              Installation or Location      Amount
    ------------------------------------------------------------------------
    Germany......................  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                    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 Ground.......  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) Authorization of Appropriations.--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
    $3,537,141,000, as follows:
            (1) For military construction projects inside the United States
        authorized by section 2101(a), $1,453,950,000.
            (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,
        $151,335,000.
            (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), $926,507,000.
            (6) For the construction of phase 2 of a barracks complex, 5th
        & 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), $32,950,000.
            (7) For the construction of phase 3 of a barracks complex
        renewal, Capron Road, at Schofield Barracks, Hawaii, authorized by
        section 2101(a) of the Military Construction Authorization Act for
        Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat.
        1283), as amended by section 2105 of the Military Construction
        Authorization Act for Fiscal Year 2004 (division B of Public Law
        108-136; 117 Stat. 1697), $48,000,000.
            (8) For the construction of phase 2 of the Lewis & Clark
        instructional facility at Fort Leavenworth, Kansas, authorized by
        section 2101(a) of the Military Construction Authorization Act for
        Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
        2681), $44,000,000.
            (9) For the construction of phase 2 of a barracks complex at
        Wheeler Sack Army Air Field at 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), $48,000,000.
            (10) For the construction of phase 2 of a barracks complex,
        Bastogne Drive, 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.
            (11) 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), $13,100,000.
        (b) Limitation on Total Cost of Construction Projects.--
    Notwithstanding the cost variations authorized by section 2853 of title
    10, United States Code, and any other cost variation authorized by law,
    the total cost of all projects carried out under section 2101 of this
    Act may not exceed the sum of the following:
            (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) to upgrade Drum Road, Helemano Military
        Reservation, Hawaii).
            (3) $25,000,000 (the balance of the amount authorized under
        section 2101(a) for construction of a vehicle maintenance facility,
        Schofield Barracks, Hawaii).
            (4) $25,000,000 (the balance of the amount authorized under
        section 2101(a) for construction of a barracks complex, Fort
        Campbell, Kentucky).
            (5) $22,000,000 (the balance of the amount authorized under
        section 2101(a) for construction of trainee barracks, Basic
        Training Complex 1, Fort Knox, Kentucky).
            (6) $25,500,000 (the balance of the amount authorized under
        section 2101(a) for construction of a library and learning
        facility, United States Military Academy, West Point, New York).
            (7) $31,000,000 (the balance of the amount authorized under
        section 2101(a) for a barracks complex renewal project, Fort Bragg,
        North Carolina).
        (c) Adjustment.--The total amount authorized to be appropriated
    pursuant to paragraphs (1) through (11) of subsection (a) is the sum of
    the amounts authorized to be appropriated in such paragraphs, reduced
    by $5,550,000, which represents prior year savings.

    SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                  2004 PROJECTS.

        (a) Modification of Inside the United States 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/Hunter Army Air Field,
        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''.
        (b) Conforming Amendments.--Section 2104(b) of that Act (117 Stat.
    1700) is amended--
            (1) in paragraph (2), by striking ``$32,000,000'' and inserting
        ``$32,950,000''; and
            (2) in paragraph (4), by striking ``$43,000,000'' and inserting
        ``$48,000,000''.

    SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                  2003 PROJECT.

        (a) Modification of Inside the United States 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) of the Military Construction Authorization
    Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
    1700), 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''.
        (b) Conforming Amendment.--Section 2104(b)(6) of the Military
    Construction Authorization Act for Fiscal Year 2003 (division B of
    Public Law 107-314; 116 Stat. 2684) is amended by striking
    ``$25,000,000'' and inserting ``$26,100,000''.

                                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. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2204(a)(1), the
    Secretary of the Navy may acquire real property and carry out military
    construction projects for the installations or locations inside the
    United States, and in the amounts, set forth in the following table:

                         Navy: Inside the United States
    ------------------------------------------------------------------------
                State               Installation or Location      Amount
    ------------------------------------------------------------------------
    Arizona......................  Marine Corps Air Station,     $26,670,000
                                    Yuma.
    California...................  Marine Corps Air-Ground       $15,700,000
                                    Task Force Training
                                    Center, Twentynine Palms
                                   Marine Corps Air Station,     $11,540,000
                                    Camp Pendleton..........
                                   Marine Corps Base, Camp       $26,915,000
                                    Pendleton...............
                                   Marine Corps Logistics         $4,930,000
                                    Base, Barstow...........
                                   Naval Air Facility, El        $54,331,000
                                    Centro..................
                                   Naval Air Station, North      $10,180,000
                                    Island..................
                                   Naval Surface Warfare          $9,850,000
                                    Center, Division Corona.
                                   Recruit Depot San Diego..      $8,110,000
    Connecticut..................  Naval Submarine Base, New     $50,302,000
                                    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.....................
    Hawaii.......................  Naval Shipyard, Pearl          $5,100,000
                                    Harbor..................
    Illinois.....................  Naval Training Center,        $74,781,000
                                    Great Lakes.............
    Indiana......................  Naval Surface Warfare         $12,600,000
                                    Center, Crane...........
    Maine........................  Naval Air Station,             $6,220,000
                                    Brunswick...............
    Maryland.....................  Naval Surface Warfare         $23,000,000
                                    Center, Indian Head.....
    North Carolina...............  Marine Corps Air Station,     $35,140,000
                                    New River...............
                                   Marine Corps Base, Camp       $11,030,000
                                    Lejeune.................
                                   Navy Outlying Landing        $136,900,000
                                    Field, Washington County
    Nevada.......................  Naval Air Station, Fallon      $4,980,000
    Rhode Island.................  Naval Air Station,             $5,490,000
                                    Newport.................
    South Carolina...............  Marine Corps Air Station,      $5,480,000
                                    Beaufort................
                                   Naval Weapons Station,        $12,209,000
                                    Charleston..............
    Virginia.....................  Camp Elmore Marine Corps      $13,500,000
                                    Detachment..............
                                   Marine Corps Air              $73,838,000
                                    Facility, Quantico......
                                   Marine Corps Combat           $25,090,000
                                    Development Command,
                                    Quantico................
                                   Naval Air Station, Oceana      $2,770,000
                                   Naval Amphibious Base,         $9,220,000
                                    Little Creek............
                                   Naval Station, Norfolk...      $4,330,000
                                   Naval Weapons Station,         $9,870,000
                                    Yorktown................
    Washington...................  Naval Air Station,             $1,990,000
                                    Whidbey Island..........
                                   Naval Shipyard, Puget         $20,305,000
                                    Sound...................
                                   Naval Station, Bremerton.     $74,125,000
                                   Strategic Weapons            $138,060,000
                                    Facility Pacific, Bangor
                                                             ---------------
                                       Total................    $952,055,000
    ------------------------------------------------------------------------

        (b) Outside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2204(a)(2), the
    Secretary of the Navy may acquire real property and carry out military
    construction projects for the installations or locations outside the
    United States, and in the amounts, set forth in the following table:

                         Navy: Outside the United States
    ------------------------------------------------------------------------
               Country              Installation or Location      Amount
    ------------------------------------------------------------------------
    Diego Garcia.................  Naval Support Facility,       $17,500,000
                                    Diego Garcia............
    Guam.........................  Naval Public Works            $20,700,000
                                    Center, Guam............
                                   Naval Station, Guam......     $12,500,000
    Italy........................  Sigonella................     $22,550,000
    Spain........................  Naval Station, Rota......     $32,700,000
                                                             ---------------
                                       Total................    $105,950,000
    ------------------------------------------------------------------------

        (c) Unspecified Worldwide.--Using the 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 unspecified installations or locations in the
    amount set forth in the following table:

                           Navy: Unspecified Worldwide
    ------------------------------------------------------------------------
               Location             Installation or Location      Amount
    ------------------------------------------------------------------------
                                   Unspecified Worldwide....    $105,982,000
                                                             ---------------
                                       Total................    $105,982,000
    ------------------------------------------------------------------------

    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 installation, for the purpose, and in
    the amount set forth in the following table:

                                                  Navy: Family Housing
    ----------------------------------------------------------------------------------------------------------------
                      State                          Installation                   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) Authorization of Appropriations.--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
    $1,897,245,000, as follows:
            (1) For military construction projects inside the United States
        authorized by section 2201(a), $712,927,000.
            (2) For military construction projects outside the United
        States authorized by section 2201(b), $94,950,000.
            (3) For the military construction projects at unspecified
        worldwide locations authorized by section 2201(c), $40,000,000.
            (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), $696,304,000.
            (7) For the construction of increment 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 increment 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 (division B of Public Law
        108-136; 117 Stat. 1704), $49,200,000.
            (9) For the construction of increment 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
        (division B of Public Law 108-136; 117 Stat. 1704), $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 the sum of the following:
            (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 apron and hangar recapitalization, Naval Air
        Facility, El Centro, California).
            (3) $116,750,000 (the balance of the amount authorized under
        section 2201(a) for land acquisition for an outlying landing field
        in Washington County, North Carolina).
            (4) $34,098,000 (the balance of the amount authorized under
        section 2201(a) for construction of a White Side complex, Marine
        Corps Air Facility, Quantico, Virginia).
            (5) $40,000,000 (the balance of the amount authorized under
        section 2201(a) for construction of bachelor enlisted quarters,
        Naval Station, Bremerton, Washington).
            (6) $95,320,000 (the balance of the amount authorized under
        section 2201(a) for construction of a limited area processing and
        storage complex, Strategic Weapons Facility Pacific, Bangor,
        Washington).
            (7) $65,982,000 (the balance of the amount authorized under
        section 2201(c) for construction of a presidential helicopter
        programs support facility at an unspecified location).
        (c) Adjustment.--The total amount authorized to be appropriated
    pursuant to paragraphs (1) through (9) of subsection (a) is the sum of
    the amounts authorized to be appropriated in such paragraphs, reduced
    by $5,549,000, which represents prior year savings.

                             TITLE XXIII--AIR FORCE

    Sec. 2301. Authorized Air Force construction and land acquisition
              projects.
    Sec. 2302. Family housing.
    Sec. 2303. Improvements to military family housing units.
    Sec. 2304. Authorization of appropriations, Air Force.

    SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
                  PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2304(a)(1), the
    Secretary of the Air Force may acquire real property and carry out
    military construction projects for the installations or locations
    inside the United States, and in the amounts, set forth in the
    following table:

                       Air Force: Inside the United States
    ------------------------------------------------------------------------
                State               Installation or Location      Amount
    ------------------------------------------------------------------------
    Alaska.......................  Elmendorf Air Force Base.     $52,057,000
    Arizona......................  Davis-Monthan Air Force       $17,029,000
                                    Base.
                                   Luke Air Force Base......     $17,900,000
    Arkansas.....................  Little Rock Air Force          $8,931,000
                                    Base.
    California...................  Beale Air Force Base.....     $10,186,000
                                   Edwards Air Force Base...      $9,965,000
                                   Travis Air Force Base....     $18,894,000
    Colorado.....................  Buckley Air Force Base...     $12,247,000
    Delaware.....................  Dover Air Force Base.....      $9,500,000
    Florida......................  Tyndall Air Force Base...     $27,614,000
                                   Patrick Air Force Base...      $8,800,000
    Georgia......................  Moody Air Force Base.....      $9,600,000
                                   Robins Air Force Base....     $21,900,000
    Hawaii.......................  Hickam Air Force Base....     $30,900,000
                                   Maui Site................      $7,500,000
    Louisiana....................  Barksdale Air Force Base.     $13,800,000
    Maryland.....................  Andrews Air Force Base...     $17,100,000
    Mississippi..................  Columbus Air Force Base..      $7,700,000
    Missouri.....................  Whiteman Air Force Base..      $7,600,000
    Montana......................  Malmstrom Air Force Base.      $5,600,000
    Nebraska.....................  Offutt Air Force Base....      $6,221,000
    New Mexico...................  Cannon Air Force Base....      $9,500,000
                                   Kirtland Air Force Base..      $9,200,000
    North Carolina...............  Pope Air Force Base......     $15,150,000
    North Dakota.................  Minot Air Force Base.....      $8,900,000
    Ohio.........................  Wright-Patterson Air           $9,904,000
                                    Force Base.
    Oklahoma.....................  Altus Air Force Base.....      $7,000,000
                                   Tinker Air Force Base....      $8,000,000
    South Carolina...............  Shaw Air Force Base......      $7,000,000
    South Dakota.................  Ellsworth Air Force Base.      $9,867,000
    Tennessee....................  Arnold Air Force Base....     $24,500,000
    Texas........................  Dyess Air Force Base.....     $14,300,000
                                   Lackland Air Force Base..      $2,596,000
                                   Laughlin Air Force Base..      $6,900,000
                                   Sheppard Air Force Base..     $50,284,000
    Utah.........................  Hill Air Force Base......     $25,713,000
    Wyoming......................  F.E. Warren Air Force          $5,500,000
                                    Base.
                                                             ---------------
                                       Total................    $535,358,000
    ------------------------------------------------------------------------

        (b) Outside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2304(a)(2), the
    Secretary of the Air Force may acquire real property and carry out
    military construction projects for the installations or locations
    outside the United States, and in the amounts, set forth in the
    following table:

                      Air Force: Outside the United States
    ------------------------------------------------------------------------
               Country              Installation or Location      Amount
    ------------------------------------------------------------------------
    Germany......................  Ramstein Air Base........     $25,404,000
    Greenland....................  Thule Air Base...........     $19,800,000
    Guam.........................  Andersen Air Force 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
    Spain........................  Naval Station, Rota......     $14,153,000
    United Kingdom...............  Royal Air Force                $5,500,000
                                    Lakenheath.
                                                             ---------------
                                       Total................    $152,599,000
    ------------------------------------------------------------------------

        (c) Unspecified Worldwide.--Using amounts appropriated pursuant to
    the authorization of appropriations in section 2304(a)(3), the
    Secretary of the Air Force may acquire real property and carry out
    military construction projects for the unspecified installations or
    locations, and in the amounts, set forth in the following table:

                        Air Force: Unspecified Worldwide
    ------------------------------------------------------------------------
               Location             Installation or Location      Amount
    ------------------------------------------------------------------------
                                   Classified Locations.....     $26,121,000
                                   Unspecified Worldwide....     $28,090,000
                                                             ---------------
                                       Total................     $54,211,000
    ------------------------------------------------------------------------

    SEC. 2302. FAMILY HOUSING.

        (a) Construction and Acquisition.--Using amounts appropriated
    pursuant to the authorization of appropriations in section
    2304(a)(6)(A), the Secretary of the Air Force may construct or acquire
    family housing units (including land acquisition and supporting
    facilities) at the installations or locations, for the purposes, and in
    the amounts set forth in the following table:

                                                Air Force: Family Housing
    ----------------------------------------------------------------------------------------------------------------
                      State                    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...  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...........  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(a)(6)(A), the
    Secretary of the Air Force may carry out architectural and engineering
    services and construction design activities with respect to the
    construction or improvement of military family housing units in an
    amount not to exceed $38,266,000.

    SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

        Subject to section 2825 of title 10, United States Code, and using
    amounts appropriated pursuant to the authorization of appropriations in
    section 2304(a)(6)(A), the Secretary of the Air Force may improve
    existing military family housing units in an amount not to exceed
    $238,353,000.

    SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

        (a) Authorization of Appropriations.--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 $2,559,768,000, as follows:
            (1) For military construction projects inside the United States
        authorized by section 2301(a), $525,358,000.
            (2) For military construction projects outside the United
        States authorized by section 2301(b), $142,771,000.
            (3) For military construction projects at unspecified worldwide
        locations authorized by section 2301(c), $54,211,000.
            (4) For unspecified minor military 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 family 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), $853,384,000.
        (b) Limitation on Total Cost of Construction Projects.--
    Notwithstanding the cost variations authorized by section 2853 of title
    10, United States Code, and any other cost variation authorized by law,
    the total cost of all projects carried out under section 2301 of this
    Act may not exceed the sum of the following:
            (1) The total amount authorized to be appropriated under
        paragraphs (1), (2), and (3) of subsection (a).
            (2) $10,000,000 (the balance of the amount authorized under
        section 2301(a) for construction of a hanger for an aircraft
        maintenance unit, Tyndall Air Force Base, Florida).
        (c) Adjustment.--The total amount authorized to be appropriated
    pursuant to paragraphs (1) through (6) of subsection (a) is the sum of
    the amounts authorized to be appropriated in such paragraphs, reduced
    by $5,550,000, which represents prior year savings.

                          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.

    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 or locations inside the
    United States, and in the amounts, set forth in the following table:

                   Defense Agencies: Inside the United States
    ------------------------------------------------------------------------
                Agency              Installation or Location      Amount
    ------------------------------------------------------------------------
    Defense 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................
                                   Marina Corps Air Station,     $22,700,000
                                    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.......  Redstone Arsenal, 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, Virginia.      $1,500,000
                                   Fort Bragg, North             $42,888,000
                                    Carolina................
                                   Fort Campbell, Kentucky..      $3,500,000
                                   Fort Stewart/Hunter Army      $17,600,000
                                    Air Field, Georgia......
                                   Hurlburt Field, Florida..      $2,500,000
                                   Naval Amphibious Base,        $33,200,000
                                    Little Creek, Virginia..
                                   Niland, California.......      $1,000,000
    TRICARE Management Activity..  Buckley Air Force Base,        $2,100,000
                                    Colorado................
                                   Defense Language               $6,700,000
                                    Institute, Presidio,
                                    Monterey................
                                   Fort Belvoir, Virginia...    $100,000,000
                                   Fort Benning, Georgia....      $7,100,000
                                   Langley Air Force Base,       $50,800,000
                                    Virginia................
                                   Marine Corps Recruit          $25,000,000
                                    Depot, Parris Island,
                                    South Carolina..........
                                   Naval Air Station,            $28,438,000
                                    Jacksonville, Florida...
                                                             ---------------
                                       Total................    $468,782,000
    ------------------------------------------------------------------------

        (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 or locations outside the
    United States, and in the amounts, set forth in the following table:

                   Defense Agencies: Outside the United States
    ------------------------------------------------------------------------
                Agency              Installation or Location      Amount
    ------------------------------------------------------------------------
    Defense Education Activity...  Grafenwoehr, Germany.....     $36,247,000
                                   Naval Station, Guam......     $26,964,000
                                   Vilseck, Germany.........      $9,011,000
    Defense Logistics Agency.....  Defense Fuel Support          $19,113,000
                                    Point, Lajes Field,
                                    Portugal................
    Special Operations Command...  Naval Station, Guam,           $2,200,000
                                    Mariana Islands.........
    TRICARE 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 or locations, and in the
    amounts, set forth in the following table:

                     Defense Agencies: Unspecified Worldwide
    ------------------------------------------------------------------------
               Location             Installation or Location      Amount
    ------------------------------------------------------------------------
    Special Operations Command...  Classified Locations.....      $7,400,000
                                   Unspecified Worldwide....      $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 $50,000,000.

    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 $1,055,663,000, as follows:
            (1) For military construction projects inside the United States
        authorized by section 2401(a), $411,782,000.
            (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 2403
        of this Act, $50,000,000.
            (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 an ammunition
        demilitarization facility at Pueblo Depot 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 an ammunition
        demilitarization facility at Blue Grass Army Depot, Kentucky,
        authorized by section 2401(a) of the Military Construction
        Authorization Act for Fiscal Year 2000 (division B of Public Law
        106-65; 113 Stat. 835), as amended by section 2405 of the Military
        Construction Authorization Act 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 the sum of the following:
            (1) The total amount authorized to be appropriated under
        paragraphs (1), (2) and (3) of subsection (a).
            (2) $57,000,000 (the balance of the amount authorized under
        section 2401(a) for hospital replacement, Fort Belvoir, Virginia).

       TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
                                    PROGRAM

    Sec. 2501. Authorized NATO construction and land acquisition projects.
    Sec. 2502. Authorization of appropriations, NATO.

    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 $160,800,000.

                TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

    Sec. 2601. Authorized Guard and Reserve construction and land
              acquisition projects.

    SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
                  ACQUISITION PROJECTS.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 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,
            $434,363,000; and
                (B) for the Army Reserve, $90,310,000.
            (2) For the Department of the Navy, for the Naval and Marine
        Corps Reserve, $48,185,000.
            (3) For the Department of the Air Force--
                (A) for the Air National Guard of the United States,
            $233,518,000; and
                (B) for the Air Force Reserve, $122,756,000.

            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 and renewal of authorizations of certain fiscal
              year 2001 projects.

    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, or
        contributions to the North Atlantic Treaty Organization Security
        Investment program.

    SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2002
                  PROJECTS.

        (a) Extension.--Notwithstanding section 2701 of the Military
    Construction Authorization Act for Fiscal Year 2002 (division B of
    Public Law 107-107; 115 Stat. 1301), authorizations set forth in the
    tables in subsection (b), as provided in section 2101, 2302, or 2601 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          Parker Ranch land               $1,500,000
                                               Facility.................   acquisition..............
    ----------------------------------------------------------------------------------------------------------------

                                   Air Force: Extension of 2002 Project Authorizations
    ----------------------------------------------------------------------------------------------------------------
                      State                    Installation or Location             Project               Amount
    ----------------------------------------------------------------------------------------------------------------
    Colorado................................  Buckley Air Force Base....  Family housing (55 Units).     $11,400,000
    Louisiana...............................  Barksdale Air Force Base..  Family housing (56 Units).      $7,300,000
    ----------------------------------------------------------------------------------------------------------------

                              Army National Guard: Extension of 2002 Project Authorization
    ----------------------------------------------------------------------------------------------------------------
                      State                    Installation or Location             Project               Amount
    ----------------------------------------------------------------------------------------------------------------
    California..............................  Lancaster.................  Readiness Center..........      $4,530,000
    ----------------------------------------------------------------------------------------------------------------

    SEC. 2703. EXTENSION AND RENEWAL OF AUTHORIZATIONS OF CERTAIN FISCAL
                  YEAR 2001 PROJECTS.

        (a) Extension and Renewal.--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 tables in subsection (b), as
    provided in section 2102 or 2401 of that Act and, in the case of the
    authorization set forth in the first table in subsection (b), 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) Tables.--The tables referred to in subsection (a) are as
    follows:

                                      Army: Extension of 2001 Project Authorization
    ----------------------------------------------------------------------------------------------------------------
                      State                    Installation or Location             Project               Amount
    ----------------------------------------------------------------------------------------------------------------
    South Carolina..........................  Fort Jackson..............  Family housing (1 unit)...        $250,000
    ----------------------------------------------------------------------------------------------------------------

                                 Defense Agencies: Renewal of 2001 Project Authorization
    ----------------------------------------------------------------------------------------------------------------
                     Agency                    Installation or Location             Project               Amount
    ----------------------------------------------------------------------------------------------------------------
    Defense Education Activity..............  Osan Air Base, Korea......  Osan Elementary School            $843,000
                                                                           addition.................
    ----------------------------------------------------------------------------------------------------------------

                        TITLE XXVIII--GENERAL PROVISIONS

     Subtitle A--Military Construction Program and Military Family Housing
                                     Changes

    Sec. 2801. Modification of approval and notice requirements for facility
              repair projects.
    Sec. 2802. Reporting requirements regarding military family housing
              requirements for general officers and flag officers.
    Sec. 2803. Congressional notification of deviations from authorized cost
              variations for military construction projects and military
              family housing projects.
    Sec. 2804. Assessment of vulnerability of military installations to
              terrorist attack and annual report on military construction
              requirements related to antiterrorism and force protection.
    Sec. 2805. Repeal of limitations on use of alternative authority for
              acquisition and improvement of military housing.
    Sec. 2806. Additional reporting requirements relating to alternative
              authority for acquisition and improvement of military housing.
    Sec. 2807. Temporary authority to accelerate design efforts for military
              construction projects carried out using design-build selection
              procedures.
    Sec. 2808. Notification thresholds and requirements for expenditures or
              contributions for acquisition of facilities for reserve
              components.
    Sec. 2809. Authority to exchange reserve component facilities to acquire
              replacement facilities.
    Sec. 2810. One-year extension of temporary, limited authority to use
              operation and maintenance funds for construction projects
              outside the United States.
    Sec. 2811. Consideration of combination of military medical treatment
              facilities and health care facilities of Department of
              Veterans Affairs.

             Subtitle B--Real Property and Facilities Administration

    Sec. 2821. Reorganization of existing administrative provisions relating
              to real property transactions.
    Sec. 2822. Development of Heritage Center for the National Museum of the
              United States Army.
    Sec. 2823. Elimination of reversionary interests clouding United States
              title to property used as Navy homeports.

                    Subtitle C--Base Closure and Realignment

    Sec. 2831. Establishment of specific deadline for submission of
              revisions to force-structure plan and infrastructure
              inventory.
    Sec. 2832. Specification of final selection criteria for 2005 base
              closure round.
    Sec. 2833. Repeal of authority of Secretary of Defense to recommend that
              installations be placed in inactive status.
    Sec. 2834. Voting requirements for Defense Base Closure and Realignment
              Commission to add to or otherwise expand closure and
              realignment recommendations made by Secretary of Defense.

                          Subtitle D--Land Conveyances

                            Part I--Army Conveyances

    Sec. 2841. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
    Sec. 2842. Land exchange, Fort Campbell, Kentucky and Tennessee.
    Sec. 2843. Land conveyance, Louisiana Army Ammunition Plant, Doyline,
              Louisiana.
    Sec. 2844. Land conveyance, Fort Leonard Wood, Missouri.
    Sec. 2845. Transfer of administrative jurisdiction, Defense Supply
              Center, Columbus, Ohio.
    Sec. 2846. Jurisdiction and utilization of former public domain lands,
              Umatilla Chemical Depot, Oregon.
    Sec. 2847. Modification of authority for land conveyance, equipment and
              storage yard, Charleston, South Carolina.
    Sec. 2848. Land conveyance, Fort Hood, Texas.
    Sec. 2849. Land conveyance, local training area for Browning Army
              Reserve Center, Utah.
    Sec. 2850. Land conveyance, Army Reserve Center, Hampton, Virginia.
    Sec. 2851. Land conveyance, Army National Guard Facility, Seattle,
              Washington.
    Sec. 2852. Modification of land exchange and consolidation, Fort Lewis,
              Washington.

                            Part II--Navy Conveyances

    Sec. 2861. Land exchange, former Richmond Naval Air Station, Florida.
    Sec. 2862. Land conveyance, Honolulu, Hawaii.
    Sec. 2863. Land conveyance, Navy property, former Fort Sheridan,
              Illinois.
    Sec. 2864. Land exchange, Naval Air Station, Patuxent River, Maryland.
    Sec. 2865. Modification of land acquisition authority, Perquimans
              County, North Carolina.
    Sec. 2866. Land conveyance, Naval Weapons Station, Charleston, South
              Carolina.
    Sec. 2867. Land conveyance, Navy YMCA building, Portsmouth, Virginia.

                         Part III--Air Force Conveyances

    Sec. 2871. Land exchange, Maxwell Air Force Base, Alabama.
    Sec. 2872. Land conveyance, March Air Force Base, California.
    Sec. 2873. Land conveyance, former Griffiss Air Force Base, New York.

                           Part IV--Other Conveyances

    Sec. 2881. Land exchange, Arlington County, Virginia.

                            Subtitle E--Other Matters

    Sec. 2891. One-year resumption of Department of Defense Laboratory
              Revitalization Demonstration Program.
    Sec. 2892. Designation of Airmen Leadership School at Luke Air Force
              Base, Arizona, in honor of John J. Rhodes, a former minority
              leader of the House of Representatives.
    Sec. 2893. Settlement of claim of Oakland Base Reuse Authority and
              Redevelopment Agency.
    Sec. 2894. Report on establishment of mobilization station at Camp
              Ripley National Guard Training Center, Little Falls,
              Minnesota.
    Sec. 2895. Report on feasibility of establishment of veterans memorial
              at Marine Corps Air Station, El Toro, California.
    Sec. 2896. Sense of Congress regarding effect of military housing
              policies and force structure and basing changes on local
              educational agencies.
    Sec. 2897. Sense of Congress and study regarding memorial honoring non-
              United States citizens killed in the line of duty while
              serving in the United States Armed Forces.

     Subtitle A--Military Construction Program and Military Family Housing
                                    Changes

    SEC. 2801. 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) Decrease in Threshold for Congressional Notification.--
    Subsection (d) of such section is amended by striking ``$10,000,000''
    and inserting ``$7,500,000''.
        (c) 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 the project''.

    SEC. 2802. REPORTING REQUIREMENTS REGARDING MILITARY FAMILY HOUSING
                  REQUIREMENTS FOR GENERAL OFFICERS AND FLAG OFFICERS.

        (a) Reports on Cost of General and Flag Officers Quarters.--Section
    2831 of title 10, United States Code, is amended by adding at the end
    the following new subsection:
        ``(e) Reports on Cost of General Officers and Flag Officers
    Quarters.--(1) As part of the budget materials submitted to Congress in
    connection with the submission of the budget for a fiscal year pursuant
    to section 1105 of title 31, the Secretary of Defense shall submit a
    report--
            ``(A) identifying each family housing unit used, or intended
        for use, as quarters for a general officer or flag officer for
        which the total operation, maintenance, and repair costs for the
        unit are anticipated to exceed $35,000 in the next fiscal year; and
            ``(B) for each family housing unit so identified, specifying
        the total of such anticipated operation, maintenance, and repair
        costs for the unit.
        ``(2) Not later than 120 days after the end of each fiscal year,
    the Secretary of Defense shall submit to the congressional defense
    committees a report specifying, for each family housing unit used as
    quarters for a general officer or flag officer at any time during that
    fiscal year, the total expenditures for operation and maintenance,
    utilities, lease, and repairs of the unit during that fiscal year.''.
        (b) Notice and Wait Requirement.--Such section is further amended
    by inserting after subsection (e), as added by subsection (a), the
    following new subsection:
        ``(f) Notice and Wait Requirement.--(1) Except as provided in
    paragraphs (2) and (3), the Secretary concerned may not carry out a
    maintenance or repair project for a family housing unit used, or
    intended for use, as quarters for a general officer or flag officer if
    the project will or may result in the total operation, maintenance, and
    repair costs for the unit for the fiscal year to exceed $35,000,
    until--
            ``(A) the Secretary concerned submits to the congressional
        defense committees, in writing, a justification of the need for the
        maintenance or repair project and an estimate of the cost of the
        project; and
            ``(B) a period of 21 days has expired following the date on
        which the justification and estimate are received by the committees
        or, if over sooner, a period of 14 days has expired following the
        date on which a copy of the justification and estimate are provided
        in an electronic medium pursuant to section 480 of this title.
        ``(2) The project justification and cost estimate required by
    paragraph (1)(A) may be submitted after the commencement of a
    maintenance or repair project for a family housing unit used, or
    intended for use, as quarters for a general officer or flag officer if
    the project is a necessary enviromental remediation project for the
    unit or is necessary for occupant safety or security, and the need for
    the project arose after the submission of the most recent report under
    subsection (e).
        ``(3) Paragraph (1) shall not apply in the case of a family housing
    unit used, or intended for use, as quarters for a general officer or
    flag officer if the unit was identified in the most recent report
    submitted under subsection (e) and the cost of the maintenance or
    repair project was included in the total of anticipated operation,
    maintenance, and repair costs for the unit specified in the report.''.
        (c) Report on Need for General and Flag Officers Quarters in
    National Capital Region.--Not later than March 30, 2005, the Secretary
    of Defense shall submit to the congressional defense committees a
    report containing an analysis of anticipated needs in the National
    Capital Region for family housing units for general officers and flag
    officers. In conducting the analysis, the Secretary shall consider the
    extent of available housing in the National Capital Region and the
    necessity of providing housing for general officers and flag officers
    in secure locations.
        (d) Report on Current World-Wide Inventory of General and Flag
    Officers Quarters.--Not later than March 30, 2005, the Secretary of
    Defense shall submit to the congressional defense committees a report--
            (1) containing a worldwide inventory of family housing units
        used, or intended for use, for general officers and flag officers;
        and
            (2) identifying annual expenditures for fiscal years 2002,
        2003, and 2004 for operation and maintenance, utilities, leases,
        and repairs of each unit.
        (e) Definitions.--In this section:
            (1) The terms ``general officer'' and ``flag officer'' have the
        meanings given such terms in section 101(b) of title 10, United
        States Code.
            (2) The term ``National Capital Region'' has the meaning given
        such term in section 2674(f) of such title.

    SEC. 2803. CONGRESSIONAL NOTIFICATION OF DEVIATIONS FROM AUTHORIZED
                  COST VARIATIONS FOR MILITARY CONSTRUCTION PROJECTS AND
                  MILITARY FAMILY HOUSING PROJECTS.

        Section 2853(c)(3) of title 10, United States Code, is amended by
    inserting before the period at the end the following: ``or, if over
    sooner, a period of 14 days has elapsed after the date on which a copy
    of the notification is provided in an electronic medium pursuant to
    section 480 of this title''.

    SEC. 2804. ASSESSMENT OF VULNERABILITY OF MILITARY INSTALLATIONS TO
                  TERRORIST ATTACK AND ANNUAL REPORT ON MILITARY
                  CONSTRUCTION REQUIREMENTS RELATED TO ANTITERRORISM AND
                  FORCE PROTECTION.

        (a) Annual Assessment and Report.--(1) Chapter 169 of title 10,
    United States Code, is amended by inserting after section 2858 the
    following new section:

    ``Sec. 2859. Construction requirements related to antiterrorism and
                force protection

        ``(a) Antiterrorism and Force Protection Guidance and Criteria.--
    The Secretary of Defense shall develop common guidance and criteria to
    be used by each Secretary concerned--
            ``(1) to assess the vulnerability of military installations
        located inside and outside of the United States to terrorist
        attack;
            ``(2) to develop construction standards designed to reduce the
        vulnerability of structures to terrorist attack and improve the
        security of the occupants of such structures;
            ``(3) to prepare and carry out military construction projects,
        such as gate and fenceline construction, to improve the physical
        security of military installations; and
            ``(4) to assist in prioritizing such projects within the
        military construction budget of each of the armed forces.
        ``(b) Vulnerability Assessments.--The Secretary of Defense shall
    require vulnerability assessments of military installations to be
    conducted, at regular intervals, using the criteria developed under
    subsection (a).
        ``(c) Military Construction Requirements.--As part of the budget
    materials submitted to Congress in connection with the submission of
    the budget for a fiscal year pursuant to section 1105 of title 31, but
    in no case later than March 15 of each year, the Secretary of Defense
    shall submit a report, in both classified and unclassified form,
    describing--
            ``(1) the location and results of the vulnerability assessments
        conducted under subsection (b) during the most recently completed
        fiscal year;
            ``(2) the military construction requirements anticipated to be
        necessary during the period covered by the then-current future-
        years defense plan under section 221 of this title to improve the
        physical security of military installations; and
            ``(3) the extent to which funds to meet those requirements are
        not requested in the Department of Defense budget for the fiscal
        year for which the budget is submitted.''.
        (2) The table of sections at the beginning of subchapter III of
    chapter 169 of such title is amended by inserting after the item
    relating to section 2858 the following new item:

    ``2859. Construction requirements related to antiterrorism and force
              protection.''.

        (b) Special Requirement for 2006 Report.--In the case of the report
    required to be submitted in 2006 under section 2859(c) of title 10,
    United States Code, as added by subsection (a), the Secretary of
    Defense shall include a certification by the Secretary that since
    September 11, 2001, assessments regarding the vulnerability of military
    installations to terrorist attack have been undertaken for all major
    military installations. The Secretary shall indicate the basis by which
    the Secretary differentiated between major and nonmajor military
    installations for purposes of making the certification.

    SEC. 2805. REPEAL OF LIMITATIONS ON USE OF ALTERNATIVE AUTHORITY FOR
                  ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.

        (a) Repeal of Budget Authority Limitation on Use of Authority.--
    Section 2883 of title 10, United States Code, is amended by striking
    subsection (g).
        (b) Repeal of Termination Date on Use of Authority.--(1) Section
    2885 of such title is repealed.
        (2) The table of sections at the beginning of subchapter IV of
    chapter 169 of such title is amended by striking the item relating to
    section 2885.

    SEC. 2806. 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) For each proposed contract, conveyance, or lease described in
    paragraph (1), the report required by such paragraph 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 the 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, by armed force--
                ``(A) an estimate of the amounts of basic allowance for
            housing under section 403 of title 37 that will be paid, during
            the current fiscal year and the fiscal year for which the
            budget is submitted, to members of the armed forces living in
            housing provided under the authorities in this subchapter; and
                ``(B) the number of units of military family housing and
            military unaccompanied housing upon which the estimate under
            subparagraph (A) for the current fiscal year and the next
            fiscal year is based.''.

    SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DESIGN EFFORTS FOR
                  MILITARY CONSTRUCTION PROJECTS CARRIED OUT USING DESIGN-
                  BUILD SELECTION PROCEDURES.

        Section 2305a of title 10, United States Code, is amended by adding
    at the end the following new subsection:
        ``(f) Special Authority for Military Construction Projects.--(1)
    The Secretary of a military department may use funds available to the
    Secretary under section 2807(a) or 18233(e) of this title to accelerate
    the design effort in connection with a military construction project
    for which the two-phase selection procedures described in subsection
    (c) are used to select the contractor for both the design and
    construction portion of the project before the project is specifically
    authorized by law and before funds are appropriated for the
    construction portion of the project. Notwithstanding the limitations
    contained in such sections, use of such funds for the design portion of
    a military construction project may continue despite the subsequent
    authorization of the project. The advance notice requirement of section
    2807(b) of this title shall continue to apply whenever the estimated
    cost of the design portion of the project exceeds the amount specified
    in such section.
        ``(2) Any military construction contract that provides for an
    accelerated design effort, as authorized by paragraph (1), shall
    include as a condition of the contract that the liability of the United
    States in a termination for convenience may not exceed the actual costs
    incurred as of the termination date.
        ``(3) For each fiscal year during which the authority provided by
    this subsection is in effect, the Secretary of a military department
    may select not more than two military construction projects to include
    the accelerated design effort authorized by paragraph (1) for each
    armed force under the jurisdiction of the Secretary. To be eligible for
    selection under this subsection, a request for the authorization of the
    project, and for the authorization of appropriations for the project,
    must have been included in the annual budget of the President for a
    fiscal year submitted to Congress under section 1105(a) of title 31.
        ``(4) Not later than March 1, 2007, the Secretary of Defense shall
    submit to the congressional defense committees a report evaluating the
    usefulness of the authority provided by this subsection in expediting
    the design and construction of military construction projects. The
    authority provided by this subsection expires September 30, 2007,
    except that, if the report required by this paragraph is not submitted
    by March 1, 2007, the authority shall expire on that date.''.

    SEC. 2808. NOTIFICATION THRESHOLDS AND REQUIREMENTS FOR EXPENDITURES OR
                  CONTRIBUTIONS FOR ACQUISITION OF FACILITIES FOR RESERVE
                  COMPONENTS.

        (a) Authority To Carry Out Small Projects.--Section 18233a of title
    10, United States Code, is amended to read as follows:

    ``Sec. 18233a. Notice and wait requirements for certain projects

        ``(a) Congressional Notification.--Except as provided in subsection
    (b), an expenditure or contribution in an amount in excess of $750,000
    may not be made under section 18233 of this title for any facility
    until--
            ``(1) the Secretary of Defense has notified the congressional
        defense committees of the location, nature, and estimated cost of
        the facility; and
            ``(2) a period of 21 days has elapsed after the notification
        has been received by those committees or, if over sooner, a period
        of 14 days has elapsed after the date on which a copy of the
        notification is provided in an electronic medium pursuant to
        section 480 of this title.
        ``(b) Certain Expenditures or Contributions Exempted.--Subsection
    (a) does not apply to expenditures or contributions for the following:
            ``(1) Facilities acquired by lease.
            ``(2) A project for a facility that has been authorized by
        Congress, if the location and purpose of the facility are the same
        as when authorized and if, based upon bids received--
                ``(A) the scope of work of the project, as approved by
            Congress, is not proposed to be reduced by more than 25
            percent; and
                ``(B) the current working estimate of the cost of the
            project does not exceed the amount approved for the project by
            more than the lesser of the following:
                    ``(i) 25 percent.
                    ``(ii) 200 percent of the amount specified by section
                2805(a)(2) of this title as the maximum amount for a minor
                military construction project.
            ``(3) A repair project (as that term is defined in section
        2811(e) of this title) that costs less than $7,500,000.''.
        (b) Recodification of Limited Authority to Use Operation and
    Maintenance Funds.--Chapter 1803 of such title 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 expend, from appropriations available for operation
    and maintenance, amounts necessary to carry out any project authorized
    under section 18233(a) of this title that costs 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.''.
        (c) Clerical Amendment.--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. Notice and wait requirements for certain projects.
    ``18233b. Authority to carry out small projects with operation and
              maintenance funds.''.

    SEC. 2809. AUTHORITY TO EXCHANGE RESERVE COMPONENT FACILITIES TO
                  ACQUIRE REPLACEMENT FACILITIES.

        (a) Exchange Authority.--(1) Chapter 1803 of title 10, United
    States Code, is amended by adding at the end the following new section:

    ``Sec. 18240. Acquisition of facilities by exchange

        ``(a) Exchange Authority.--In addition to the acquisition authority
    provided by section 18233 of this title, the Secretary of Defense may
    authorize the Secretary of a military department to acquire a facility,
    or addition to an existing facility, needed to satisfy military
    requirements for a reserve component by carrying out an exchange of an
    existing facility under the control of that Secretary through an
    agreement with a State, local government, local authority, or private
    entity.
        ``(b) Facilities Eligible for Exchange.--Only a facility of a
    reserve component that is not excess property (as defined in section
    102(3) of title 40) may be exchanged using the authority provided by
    this section.
        ``(c) Equal Value Exchange.--In any exchange carried out using the
    authority provided by this section, the value of the replacement
    facility, or addition to an existing facility, acquired by the United
    States shall be at least equal to the fair market value of the facility
    conveyed by the United States under the agreement. If the values are
    unequal, the values may not be equalized by any payment of cash
    consideration by either party to the agreement.
        ``(d) Requirements for Replacement Facilities.--The Secretary of a
    military department may not accept a replacement facility, or addition
    to an existing facility, to be acquired by the United States in an
    exchange carried out using the authority provided by this section until
    that Secretary determines that the facility or addition--
            ``(1) is complete and usable, fully functional, and ready for
        occupancy;
            ``(2) satisfies all operational requirements; and
            ``(3) meets all applicable Federal, State, and local
        requirements relating to health, safety, fire, and the environment.
        ``(e) Consultation Requirements.--The Secretary of a military
    department authorized to enter into an agreement under subsection (a)
    to convey an existing facility under the control of that Secretary by
    exchange shall consult with representatives of other reserve components
    to evaluate--
            ``(1) the value of using the facility to meet the military
        requirements of another reserve component, instead of conveying the
        facility under this section; and
            ``(2) the feasibility of using the conveyance of the facility
        to acquire a facility, or an addition to an existing facility, that
        would be jointly used by more than one reserve component or unit.
        ``(f) Advance Notice of Proposed Exchange.--(1) When a decision is
    made to enter into an agreement under subsection (a) to exchange a
    facility using the authority provided by this section, the Secretary of
    the military department authorized to enter into the agreement shall
    submit to the congressional defense committees a report on the proposed
    agreement. The report shall include the following:
            ``(A) A description of the agreement, including the terms and
        conditions of the agreement, the parties to be involved in the
        agreement, the origin of the proposal that lead to the agreement,
        the intended use of the facility to be conveyed by the United
        States under the agreement, and any costs to be incurred by the
        United States to make the exchange under the agreement.
            ``(B) A description of the facility to be conveyed by the
        United States under the agreement, including the current condition
        and fair market value of the facility, and a description of the
        method by which the fair market value of the facility was
        determined.
            ``(C) Information on the facility, or addition to an existing
        facility, to be acquired by the United States under the agreement
        and the intended use of the facility or addition, which shall meet
        requirements for information provided to Congress for military
        construction projects to obtain a similar facility or addition to
        an existing facility.
            ``(D) A certification that the Secretary complied with the
        consultation requirements under subsection (e).
            ``(E) A certification that the conveyance of the facility under
        the agreement is in the best interests of the United States and
        that the Secretary used competitive procedures to the maximum
        extent practicable to protect the interests of the United States.
        ``(2) The agreement described in a report prepared under paragraph
    (1) may be entered into, and the exchange covered by the agreement
    made, only after the end of the 30-day period beginning on the date the
    report is received by the congressional defense committees or, if
    earlier, the end of the 21-day period beginning on the date on which a
    copy of the report is provided in an electronic medium pursuant to
    section 480 of this title.
        ``(3) Section 2662 of this title shall not apply to an exchange
    carried out using the authority provided by this section.
        ``(g) Relation to Other Military Construction Requirements.--The
    acquisition of a facility, or an addition to an existing facility,
    using the authority provided by this section shall not be treated as a
    military construction project for which an authorization is required by
    section 2802 of this title.''.
        (2) The table of sections at the beginning of such chapter is
    amended by adding at the end the following new item:

    ``18240. Acquisition of facilities by exchange.''.

        (b) Conforming Amendment.--Section 18233(f)(2) of such title is
    amended by striking ``gift, exchange of Government-owned land, or
    otherwise'' and inserting ``or gift''.
        (c) Temporary Authority to Include Cash Equalization Payments in
    Exchange.--(1) Notwithstanding subsection (c) of section 18240 of title
    10, United States Code, as added by subsection (a), the Secretary of
    Defense may authorize the Secretary of a military department, as part
    of an exchange agreement under such section, to make or accept a cash
    equalization payment if the value of the facility, or addition to an
    existing facility, to be acquired by the United States under the
    agreement is not equal to the fair market value of the facility to be
    conveyed by the United States under the agreement. All other
    requirements of such section shall continue to apply to the exchange.
        (2) Cash equalization payments received by the Secretary of a
    military department under this subsection shall be deposited in a
    separate account in the Treasury. Amounts in the account shall be
    available to the Secretary of Defense, without further appropriation
    and until expended, for transfer to the Secretary of a military
    department--
            (A) to make any cash equalization payments required to be made
        by the United States in connection with an exchange agreement
        covered by this subsection, and the account shall be the only
        source for such payments; and
            (B) to cover costs associated with the maintenance, protection,
        alteration, repair, improvement, or restoration (including
        environmental restoration) of facilities, and additions to existing
        facilities, acquired using an exchange agreement covered by this
        subsection.
        (3) Not more than 15 exchange agreements under section 18240 of
    title 10, United States Code, may include the exception for cash
    equalization payments authorized by this subsection. Of those 15
    exchange agreements, not more than eight may be for the same reserve
    component.
        (4) In this section, the term ``facility'' has the meaning given
    that term in section 18232(2) of title 10, United States Code.
        (5) No cash equalization payment may be made or accepted under the
    authority of this subsection after September 30, 2007. Except as
    otherwise specifically authorized by law, the authority provided by
    this subsection to make or accept cash equalization payments in
    connection with the acquisition or disposal of facilities of the
    reserve components is the sole authority available in law to the
    Secretary of Defense or the Secretary of a military department for that
    purpose.
        (6) Not later than March 1, 2008, the Secretary of Defense shall
    submit to the congressional defense committees a report on the exercise
    of the authority provided by this subsection. The report shall include
    the following:
            (A) A description of the exchange agreements under section
        18240 of title 10, United States Code, that included the authority
        to make or accept cash equalization payments.
            (B) A description of the analysis and criteria used to select
        such agreements for inclusion of the authority to make or accept
        cash equalization payments.
            (C) 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.
            (D) An assessment of interest in the future use of the
        authority, in the event the authority is extended.
            (E) An assessment of the advisability of making the authority,
        including any modifications of the authority recommended under
        subparagraph (C), permanent.

    SEC. 2810. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE
                  OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS
                  OUTSIDE THE UNITED STATES.

        Section 2808 of the Military Construction Authorization Act for
    Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723) is
    amended--
            (1) in subsection (a), by inserting ``and, subject to
        subsection (d)(2), fiscal year 2005'' after ``During fiscal year
        2004'';
            (2) in subsection (c)(1), by striking ``in fiscal year 2004''
        and inserting ``in a fiscal year''; and
            (3) in subsection (d)--
                (A) by inserting ``(1)'' before ``Not later than'';
                (B) by striking ``fiscal year 2004,'' and inserting
            ``fiscal years 2004 and 2005,''; and
                (C) by adding at the end the following new paragraph:
        ``(2) The ability to use this section as authority during fiscal
    year 2005 to obligate appropriated funds available for operation and
    maintenance to carry out construction projects outside the United
    States shall commence only after the date on which the Secretary of
    Defense submits to the congressional committees specified in subsection
    (f) all of the quarterly reports that were required under paragraph (1)
    for fiscal year 2004.''.

    SEC. 2811. CONSIDERATION OF COMBINATION OF MILITARY MEDICAL TREATMENT
                  FACILITIES AND HEALTH CARE FACILITIES OF DEPARTMENT OF
                  VETERANS AFFAIRS.

        (a) Department of Defense Consideration of Joint Construction.--
    When considering any military construction project for the construction
    of a new military medical treatment facility in the United States or a
    territory or possession of the United States, the Secretary of Defense
    shall consult with the Secretary of Veterans Affairs regarding the
    feasibility of carrying out a joint project to construct a medical
    facility that--
            (1) could serve as a facility for health-resources sharing
        between the Department of Defense and the Department of Veterans
        Affairs; and
            (2) would be no more costly to each Department to construct and
        operate than separate facilities for each Department.
        (b) Department of Veterans Affairs Consideration of Joint
    Construction.--When considering the construction of a new or
    replacement medical facility for the Department of Veterans Affairs,
    the Secretary of Veterans Affairs shall consult with the Secretary of
    Defense regarding the feasibility of carrying out a joint project to
    construct a medical facility that--
            (1) could serve as a facility for health-resources sharing
        between the Department of Veterans Affairs and the Department of
        Defense; and
            (2) would be no more costly to each Department to construct and
        operate than separate facilities for each Department.

            Subtitle B--Real Property and Facilities Administration

    SEC. 2821. REORGANIZATION OF EXISTING ADMINISTRATIVE PROVISIONS
                  RELATING TO REAL PROPERTY TRANSACTIONS.

        (a) Limitation on Commissions.--(1) Section 2661 of title 10,
    United States Code, is amended by adding at the end the following new
    subsection:
        ``(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 two percent of the
    purchase price.''.
        (2) Section 2666 of such title is repealed.
        (b) Repeal of Obsolete Authority to Acquire Land for Timber
    Production.--Section 2664 of such title is repealed.
        (c) Consolidation of Certain Provisions on Use of Facilities.--(1)
    Section 2670 of such title is amended by adding at the end the
    following new subsection:
        ``(c) 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) This subsection does not authorize the violation of measures
    of military security.''.
        (2) Section 2679 of such title is repealed.
        (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 this Act, shall remain in effect with regard to section
    2670(c) of such title, as added by paragraph (1), until changed by
    joint action of the Secretary concerned (as defined in section 101(9)
    of such title) and the Secretary of Veterans Affairs.
        (d) Availability of Funds for Acquisition of Certain Interests in
    Real Property.--(1) Section 2672 of such title is amended by adding at
    the end the following new subsection:
        ``(d) Availability of Funds.--Appropriations available to the
    Department of Defense for operation and maintenance or construction may
    be used for the acquisition of land or interests in land under this
    section.''.
        (2) Section 2673 of such title is repealed.
        (3) Section 2675 of such title is amended--
            (A) by inserting ``(a) Lease Authority; Duration.--'' before
        ``The Secretary''; and
            (B) by adding at the end the following new subsection:
        ``(b) Availability of Funds.--Appropriations available to the
    Department of Defense for operation and maintenance or construction may
    be used for the acquisition of interests in land under this section.''.
        (e) Stylistic and Clerical Amendments.--(1) Section 2661 of such
    title is further amended--
            (A) in subsection (a), by inserting ``Availability of Operation
        and Maintenance Funds.--'' after ``(a)''; and
            (B) in subsection (b), by inserting ``Leasing and Road
        Maintenance Authority.--'' after ``(b)''.
        (2) The heading of section 2670 of such title is amended to read as
    follows:

    ``Sec. 2670. Use of facilities by private organizations; use as polling
                places''.

        (3) The table of sections at the beginning of chapter 159 of such
    title is amended--
            (A) by striking the items relating to sections 2664, 2666,
        2673, and 2679; and
            (B) by striking the item relating to section 2670 and inserting
        the following new item:

    ``2670. Use of facilities by private organizations; use as polling
              places.''.

    SEC. 2822. DEVELOPMENT OF HERITAGE CENTER FOR THE NATIONAL MUSEUM OF
                  THE UNITED STATES ARMY.

        (a) Authority to Enter into Agreement for Development of Center.--
    Chapter 449 of title 10, United States Code, is amended by inserting
    after section 4771 the following new section:

    ``Sec. 4772. Heritage Center for the National Museum of the United
                States Army: development and operation

        ``(a) Agreement for Development of Center.--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, for the
    National Museum of the United States Army. The facility or group of
    facilities constructed pursuant to the agreement shall be known as the
    Heritage Center for the National Museum of the United States Army (in
    this section referred to as the `Center').
        ``(b) Purpose of Center.--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 of the Army. The Center may also be used to support such
    education, training, research, and associated purposes as the Secretary
    considers appropriate.
        ``(c) Design and Construction.--(1) The design of the Center shall
    be subject to the approval of the Secretary of the Army.
        ``(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.
        ``(d) Acceptance by Secretary.--Upon the satisfactory completion,
    as determined by the Secretary of the Army, of any phase of the Center,
    and upon the satisfaction of any financial obligations incident to such
    phase of the Center 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. Upon becoming the property
    of the United States, the Secretary shall assume administrative
    jurisdiction over the Center.
        ``(e) Use of Certain Gifts.--(1) Under regulations prescribed by
    the Secretary of the Army, the Commander of the United States Army
    Center of Military History may, without regard to section 2601 of this
    title, 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.
        ``(f) Lease of Facility.--(1) Under such terms and conditions as
    the Secretary of the Army considers appropriate, the Secretary may
    lease portions of the Center to the Army Historical Foundation to be
    used by the Foundation, consistent with the purpose of the Center,
    for--
            ``(A) generating revenue for activities of the Center through
        rental use by the public, commercial and nonprofit entities, State
        and local governments, and other Federal agencies; and
            ``(B) such administrative purposes as may be necessary for the
        support of the Center.
        ``(2) The annual 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 annual 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.
        ``(g) Additional Terms and Conditions.--The Secretary of the Army
    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.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by inserting after the item relating to section
    4771 the following new item:

    ``4772. Heritage Center for the National Museum of the United States
              Army: development and operation.''.

    SEC. 2823. ELIMINATION OF REVERSIONARY INTERESTS CLOUDING UNITED STATES
                  TITLE TO PROPERTY USED AS NAVY HOMEPORTS.

        (a) Authority to Acquire Complete Title.--If real property owned by
    the United States and used as a Navy homeport is subject to a
    reversionary interest of any kind, the Secretary of the Navy may enter
    into an agreement with the holder of the reversionary interest to
    acquire the reversionary interest and thereby secure for the United
    States all right, title, and interest in and to the property.
        (b) Authorized Consideration.--(1) As consideration for the
    acquisition of a reversionary interest under subsection (a), the
    Secretary shall provide the holder of the reversionary interest with
    in-kind consideration, to be determined pursuant to negotiations
    between the Secretary and the holder of the reversionary interest.
        (2) In determining the type and value of any in-kind consideration
    to be provided for the acquisition of a reversionary interest under
    subsection (a), the Secretary shall take into account the nature of the
    reversionary interest, including whether it would require the holder of
    the reversionary interest to pay for any improvements acquired by the
    holder as part of the reversion of the real property, and the long-term
    use and ultimate disposition of the real property if the United States
    were to acquire all right, title, and interest in and to the real
    property subject to the reversionary interest.
        (c) Prohibited Consideration.--Cash payments are not authorized to
    be made as consideration for the acquisition of a reversionary interest
    under subsection (a).

                    Subtitle C--Base Closure and Realignment

    SEC. 2831. ESTABLISHMENT OF SPECIFIC DEADLINE FOR SUBMISSION OF
                  REVISIONS TO FORCE-STRUCTURE PLAN AND INFRASTRUCTURE
                  INVENTORY.

        Section 2912(a)(4) 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 ``as part of the budget justification
    documents submitted to Congress for fiscal year 2006.'' and inserting
    the following: ``not later than March 15, 2005. For purposes of
    selecting military installations for closure or realignment under this
    part in 2005, no revision of the force-structure plan or infrastructure
    inventory is authorized after that date.''.

    SEC. 2832. SPECIFICATION OF FINAL SELECTION CRITERIA FOR 2005 BASE
                  CLOSURE ROUND.

        Section 2913 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 to read as follows:

    ``SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF BASE
                  CLOSURES AND REALIGNMENTS.

        ``(a) Final Selection Criteria.--The final criteria to be used by
    the Secretary in making recommendations for the closure or realignment
    of military installations inside the United States under this part in
    2005 shall be the military value and other criteria specified in
    subsections (b) and (c).
        ``(b) Military Value Criteria.--The military value criteria are as
    follows:
            ``(1) The current and future mission capabilities and the
        impact on operational readiness of the total force of the
        Department of Defense, including the impact on joint warfighting,
        training, and readiness.
            ``(2) The availability and condition of land, facilities, and
        associated airspace (including training areas suitable for maneuver
        by ground, naval, or air forces throughout a diversity of climate
        and terrain areas and staging areas for the use of the Armed Forces
        in homeland defense missions) at both existing and potential
        receiving locations.
            ``(3) The ability to accommodate contingency, mobilization,
        surge, and future total force requirements at both existing and
        potential receiving locations to support operations and training.
            ``(4) The cost of operations and the manpower implications.
        ``(c) Other Criteria.--The other criteria that the Secretary shall
    use in making recommendations for the closure or realignment of
    military installations inside the United States under this part in 2005
    are as follows:
            ``(1) The extent and timing of potential costs and savings,
        including the number of years, beginning with the date of
        completion of the closure or realignment, for the savings to exceed
        the costs.
            ``(2) The economic impact on existing communities in the
        vicinity of military installations.
            ``(3) The ability of the infrastructure of both the existing
        and potential receiving communities to support forces, missions,
        and personnel.
            ``(4) The environmental impact, including the impact of costs
        related to potential environmental restoration, waste management,
        and environmental compliance activities.
        ``(d) Priority Given to Military Value.--The Secretary shall give
    priority consideration to the military value criteria specified in
    subsection (b) in the making of recommendations for the closure or
    realignment of military installations.
        ``(e) Effect on Department and Other Agency Costs.--The selection
    criteria relating to the cost savings or return on investment from the
    proposed closure or realignment of military installations shall take
    into account the effect of the proposed closure or realignment on the
    costs of any other activity of the Department of Defense or any other
    Federal agency that may be required to assume responsibility for
    activities at the military installations.
        ``(f) Relation to Other Materials.--The final selection criteria
    specified in this section shall be the only criteria to be used, along
    with the force-structure plan and infrastructure inventory referred to
    in section 2912, in making recommendations for the closure or
    realignment of military installations inside the United States under
    this part in 2005.
        ``(g) Relation to Criteria for Earlier Rounds.--Section 2903(b),
    and the selection criteria prepared under such section, shall not apply
    with respect to the process of making recommendations for the closure
    or realignment of military installations in 2005.''.
        (c) Conforming Amendments.--The Defense Base Closure and
    Realignment Act of 1990 is amended--
            (1) in section 2912(c)(1)(A), by striking ``criteria prepared
        under section 2913'' and inserting ``criteria specified in section
        2913''; and
            (2) in section 2914(a), by striking ``criteria prepared by the
        Secretary under section 2913'' and inserting ``criteria specified
        in section 2913''.

    SEC. 2833. REPEAL OF AUTHORITY OF SECRETARY OF DEFENSE TO RECOMMEND
                  THAT INSTALLATIONS BE PLACED IN INACTIVE STATUS.

        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).

    SEC. 2834. VOTING REQUIREMENTS FOR DEFENSE BASE CLOSURE AND REALIGNMENT
                  COMMISSION TO ADD TO OR OTHERWISE EXPAND CLOSURE AND
                  REALIGNMENT RECOMMENDATIONS MADE BY SECRETARY OF DEFENSE.

        Subsection (d) of 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), as added by section 3003 of the Military
    Construction Authorization Act for Fiscal Year 2002 (division B of
    Public Law 107-107; 115 Stat, 1346) and amended by section 2854 of the
    Military Construction Authorization Act for Fiscal Year 2003 (division
    B of Public Law 107-314; 116 Stat. 2728), is amended--
            (1) in paragraph (3), by striking ``to add'' and inserting ``to
        consider additions''; and
            (2) by striking paragraph (5) and inserting the following new
        paragraph:
            ``(5) Requirements to expand closure or realignment
        recommendations.--In the report required under section
        2903(d)(2)(A) that is to be transmitted under paragraph (1), the
        Commission may not make a change in the recommendations of the
        Secretary that would close a military installation not recommended
        for closure by the Secretary, would realign a military installation
        not recommended for closure or realignment by the Secretary, or
        would expand the extent of the realignment of a military
        installation recommended for realignment by the Secretary unless--
                ``(A) at least two members of the Commission visit the
            military installation before the date of the transmittal of the
            report; and
                ``(B) the decision of the Commission to make the change to
            recommend the closure of the military installation, the
            realignment of the installation, or the expanded realignment of
            the installation is supported by at least seven members of the
            Commission.''.

                          Subtitle D--Land Conveyances

                            PART I--ARMY CONVEYANCES

    SEC. 2841. 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 consideration, or a combination thereof, an
    amount that is not less than the fair market value of the conveyed
    property, as determined by an appraisal of the property acceptable to
    the Administrator and the Secretary. As a form of in-kind consideration
    for the conveyance of the property, the Secretary may authorize the
    entity to carry out environmental remediation activities for the
    conveyed property.
        (2) Cash consideration received under paragraph (1) shall be
    deposited in the special account in the Treasury established under
    subsection (b) of section 572 of title 40, United States Code, and
    shall be available in accordance with paragraph (5)(B)(i) of such
    subsection.
        (c) Construction With Previous Land Conveyance Authority.--The
    conveyance authority provided by subsection (a) is in addition to the
    conveyance authority provided by section 2823 of the Military
    Construction Authorization Act for Fiscal Year 2003 (division B of
    Public Law 107-314; 116 Stat. 2712) to convey a portion of the
    Sunflower Army Ammunition Plant to the Johnson County Park and
    Recreation District.
        (d) Agreements Concerning Environmental Remediation and Explosives
    Cleanup.--(1) The Secretary, in consultation with the Administrator,
    may enter into a multi-year cooperative agreement or contract with the
    entity for the environmental remediation and explosives cleanup of the
    conveyed property, and may utilize amounts authorized to be
    appropriated to the Secretary for purposes of environmental remediation
    and explosives cleanup under the agreement or contract.
        (2) 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 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 entity 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
    entity.
        (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.
        (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 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. 2842. LAND EXCHANGE, FORT CAMPBELL, KENTUCKY AND TENNESSEE.

        (a) Land Exchange Authorized.--In exchange for the real property
    described in subsection (b), the Secretary of the Army may convey to
    Bi-County Solid Waste Management System, a local government agency (in
    this section referred to as ``Bi-County''), all right, title, and
    interest of the United States in and to a parcel of real property,
    including any improvements thereon, consisting of approximately 358
    acres located at Fort Campbell in Montgomery County, Tennessee, for the
    purpose of permitting Bi-County to expand a landfill facility.
        (b) Consideration.--As consideration for the conveyance under
    subsection (a), Bi-County shall convey to the United States all right,
    title, and interest of Bi-County in and to a parcel of real property
    consisting of approximately 670 acres located adjacent to Fort Campbell
    in Trigg County, Kentucky, and Stewart County, Tennessee. The Secretary
    shall have jurisdiction over the real property received under this
    subsection.
        (c) Condition of Conveyance.--The conveyance under subsection (a)
    shall be subject to the condition that Bi-County construct a fence,
    acceptable to the Secretary, consisting of at least six-foot high,
    nine-gauge chain-link and three-strand barbed wire along the boundary
    between Fort Campbell and the real property conveyed under subsection
    (a).
        (d) Payment of Costs of Conveyance.--(1) The Secretary may require
    Bi-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 this section, including survey costs, costs
    related to environmental documentation, and other administrative costs
    related to the conveyances. If amounts are collected from Bi-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 Bi-
    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) Description of Property.--The exact acreage and legal
    description of the property to be conveyed under this section shall be
    determined by surveys satisfactory to the Secretary and Bi-County.
        (f) 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. 2843. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT, DOYLINE,
                  LOUISIANA.

        (a) Conveyance Authorized.--The Secretary of the Army may convey,
    without consideration, 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) Conditions of Conveyance.--The conveyance under subsection (a)
    shall be subject to the following conditions:
            (1) That at least 13,500 acres of the real property conveyed
        under such subsection is maintained by the State for the purpose of
        military training, unless the Secretary determines that fewer acres
        are required for such purpose.
            (2) That the State ensure that any other uses made of the
        conveyed property do not adversely impact such military training.
            (3) That the State accommodate the use of the conveyed
        property, at no cost or fee, for meeting the present and future
        training needs of units of the Armed Forces, including units of the
        Louisiana National Guard and the other active and reserve
        components of the Armed Forces.
            (4) That the State assume the rights and responsibilities of
        the Department of the Army under the armaments retooling
        manufacturing support agreement between the Department of 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 the
    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 a survey satisfactory to the Secretary. The cost
    of the 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. 2844. LAND CONVEYANCE, FORT LEONARD WOOD, MISSOURI.

        (a) Conveyance Authorized.--The Secretary of the Army may convey,
    without consideration, to the State of Missouri (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
    improvements thereon, consisting of approximately 227.7 acres at Fort
    Leonard Wood, Missouri, for the purpose of permitting the State to
    establish on the property a State-operated cemetery for veterans of the
    Armed Forces.
        (b) Reversionary Interest.--If the Secretary determines at any time
    that the real property conveyed under subsection (a) is not being used
    in accordance with the purpose of the conveyance specified in such
    subsection, all right, title, and interest in and to the property shall
    revert, at the option of the Secretary, to the United States, and the
    United States shall have the right of immediate entry onto the
    property. Any determination of the Secretary under this subsection
    shall be made on the record after an opportunity for a hearing.
        (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 State to carry out
    the conveyance, the Secretary shall refund the excess amount to the
    State. The authority of the Secretary to require the State to cover
    administrative costs related to the conveyance does not include costs
    related to any environmental remediation required for the property.
        (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 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. 2845. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE SUPPLY
                  CENTER, COLUMBUS, OHIO.

        (a) Transfer Authorized.--The Secretary of the Army may transfer,
    without reimbursement, to the administrative jurisdiction of the
    Secretary of Veterans Affairs 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 construction of the
    outpatient clinic described in subsection (b) has not commenced on the
    property transferred under subsection (a) by the end of the three-year
    period beginning on the date on which the property is transferred, the
    Secretary of Veterans Affairs shall return, at the request of the
    Secretary of the Army, administrative jurisdiction over the property to
    the Secretary of the Army.
        (e) 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.

    SEC. 2846. JURISDICTION AND UTILIZATION OF FORMER PUBLIC DOMAIN LANDS,
                  UMATILLA CHEMICAL DEPOT, OREGON.

        (a) Retention of Jurisdiction.--The various parcels of real
    property consisting of approximately 8,300 acres within the boundaries
    of Umatilla Chemical Depot, Oregon, that were previously withdrawn from
    the public domain are no longer suitable for return to the public
    domain and shall remain under the administrative jurisdiction of the
    Secretary of the Army.
        (b) Utilization.--The Secretary shall combine the real property
    described in subsection (a) with other real property 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. 2847. MODIFICATION OF AUTHORITY FOR LAND CONVEYANCE, EQUIPMENT AND
                  STORAGE YARD, CHARLESTON, SOUTH CAROLINA.

        Subsection (h) of section 563 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) Conveyance authorized.--The Secretary may convey to the
        City of Charleston, South Carolina (in this subsection 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,
        including 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. The property shall
        be conveyed in as-is condition.
            ``(2) Consideration.--As consideration for the conveyance under
        this subsection, the City shall provide the United States, whether
        by cash payment, in-kind consideration, 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.--(A) Notwithstanding any requirements
        associated with the Plant Replacement and Improvement Program,
        amounts received as consideration under paragraph (2) may be used
        by the Corps of Engineers, Charleston District--
                ``(i) to lease, purchase, or construct an office facility
            within the boundaries of Charleston, Berkeley, or Dorchester
            County, South Carolina;
                ``(ii) to cover costs associated with the design and
            furnishing of such facility; and
                ``(iii) to satisfy any Plant Replacement and Improvement
            Program balances.
            ``(B) Any amounts received as consideration under paragraph (2)
        that are in excess of the fair market value of the real property
        conveyed under this subsection 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 this
        subsection 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 this subsection as the Secretary considers
        appropriate to protect the interests of the United States.''.

    SEC. 2848. LAND CONVEYANCE, FORT HOOD, TEXAS.

        (a) Conveyance Authorized.--The Secretary of the Army may convey to
    the Texas A&M University System of the State of Texas (in this section
    referred to as the ``University System'') all right, title, and
    interest of the United States in and to a parcel of real property,
    including improvements thereon, consisting of approximately 662 acres
    at Fort Hood, Texas, for the sole purpose of permitting the University
    System to establish on the property an upper level (junior, senior, and
    graduate) university that will be State-supported, separate from other
    universities of the University System, and designated as Texas A&M
    University, Central Texas.
        (b) Consideration.--(1) As consideration for the conveyance under
    subsection (a), the University System shall pay to the United States an
    amount equal to the fair market value of the conveyed property, as
    determined pursuant to an appraisal acceptable to the Secretary.
        (2) In lieu of all or a portion of the cash consideration required
    by paragraph (1), the Secretary may accept in-kind consideration,
    including the conveyance by the University System of real property
    acceptable to the Secretary.
        (c) Condition of Conveyance.--The conveyance under subsection (a)
    shall be subject to the condition that the Secretary determine that the
    conveyance of the property and the establishment of a university on the
    property will not adversely impact the operation of Robert Grey Army
    Airfield, which is located on Fort Hood approximately one mile from the
    property authorized for conveyance.
        (d) Description of Property.--The exact acreage and legal
    description of the real property to be conveyed under subsection (a)
    shall be determined by a survey satisfactory to the Secretary. The cost
    of the survey shall be borne by the University System.
        (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. 2849. LAND CONVEYANCE, LOCAL TRAINING AREA FOR BROWNING ARMY
                  RESERVE CENTER, UTAH.

        (a) Conveyance Authorized.--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 of the Local Training Area for the Browning Army
    Reserve Center, Utah, for the purpose of facilitating the construction
    and operation of a nursing-care facility for veterans. The parcel to be
    conveyed under this subsection shall be selected by the Secretary in
    consultation with the State.
        (b) Reversionary Interest.--If the Secretary determines at any time
    that the real property conveyed under subsection (a) is not being used
    in accordance with the purpose of the conveyance specified in such
    subsection, all right, title, and interest in and to the property shall
    revert, at the option of the Secretary, to the United States, and the
    United States shall have the right of immediate entry onto the
    property. Any determination of the Secretary under this subsection
    shall be made on the record after an opportunity for a hearing.
        (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 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 as reimbursement 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 real 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. 2850. LAND CONVEYANCE, ARMY RESERVE CENTER, HAMPTON, VIRGINIA.

        (a) Conveyance Authorized.--The Secretary of the Army may convey,
    without consideration, to the Hampton City School Board of 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 13.42 acres, is located on Downey Farm Road in Hampton,
    Virginia, and is known as the Butler Farm United States Army Reserve
    Center for the purpose of permitting the Board to use 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) 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. 2851. LAND CONVEYANCE, ARMY NATIONAL GUARD FACILITY, 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. 2852. MODIFICATION OF LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS,
                  WASHINGTON.

        (a) Property to Be Transferred to Secretary of the Interior in
    Trust.--Subsection (a)(1) of section 2837 of the Military Construction
    Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
    107; 115 Stat. 1315) is amended--
            (1) by striking ``may convey to'' and inserting ``may transfer
        to the Secretary of the Interior, in trust for''; and
            (2) by striking ``Washington, in'' and all that follows through
        the period and inserting ``Washington. The Secretary of the Army
        may make the transfer under the preceding sentence, and the
        Secretary of the Interior may accept the property transferred in
        trust for the Nisqually Tribe under the preceding sentence, only in
        conjunction with the conveyance described in subsection (b)(2).''.
        (b) Increase in Acreage to Be Transferred.--Such subsection is
    further amended by striking ``138 acres'' and inserting ``168 acres''.
        (c) Qualification on Property to Be Transferred.--Subsection (a)(2)
    of such section is amended--
            (1) by striking ``conveyance'' and inserting ``transfer''; and
            (2) by striking ``or the right of way described in subsection
        (c)'' and inserting ``located on the real property transferred
        under that paragraph''.
        (d) Consideration.--Subsection (b) of such section is amended--
            (1) in the matter preceding paragraph (1), by striking
        ``conveyance'' and inserting ``transfer''; and
            (2) in paragraph (2), by striking ``fee title over the acquired
        property to the Secretary'' and inserting ``to the United States
        fee title to the property acquired under paragraph (1), free from
        all liens, encumbrances or other interests other than those, if
        any, acceptable to the Secretary of the Army''.
        (e) Treatment of Existing Permit Rights; Grant of Easement.--Such
    section is further amended--
            (1) by redesignating subsections (d) and (e) as subsections (e)
        and (f), respectively; and
            (2) by inserting after subsection (c) the following new
        subsection:
        ``(d) Treatment of Existing Permit Rights; Grant of Easement.--(1)
    The transfer under subsection (a) recognizes and preserves to the
    Bonneville Power Administration, in perpetuity and without the right of
    revocation except as provided in paragraph (2), rights in existence at
    the time of the conveyance under the permit dated February 4, 1949, as
    amended January 4, 1952, between the Department of the Army and the
    Bonneville Power Administration with respect to any portion of the
    property transferred under subsection (a) upon which the Bonneville
    Power Administration retains transmission facilities. The rights
    recognized and preserved include the right to upgrade those
    transmission facilities.
        ``(2) The permit rights recognized and preserved under paragraph
    (1) shall terminate only upon the Bonneville Power Administration's
    relocation of the transmission facilities referred to in paragraph (1),
    and then only with respect to that portion of those transmission
    facilities that are relocated.
        ``(3) The Secretary of the Interior, as trustee for the Nisqually
    Tribe, shall grant to the Bonneville Power Administration, without
    consideration and subject to the same rights recognized and preserved
    in paragraph (1), such additional easements across the property
    transferred under subsection (a) as the Bonneville Power Administration
    considers necessary to accommodate the relocation or reconnection of
    Bonneville Power Administration transmission facilities from property
    owned by the Tribe and held by the Secretary of the Interior in trust
    for the Tribe.''.
        (f) Conforming Amendments.--(1) Subsection (c) of such section is
    amended by inserting ``of the Army'' after ``Secretary''.
        (2) Subsection (e) of such section (as redesignated by subsection
    (e)(1)) is amended--
            (A) by striking ``conveyed'' and inserting ``transferred'';
            (B) by inserting ``of the Army'' after ``Secretary''; and
            (C) by striking ``the recipient of the property being
        surveyed'' and inserting ``the Tribe, in the case of the transfer
        under subsection (a), and the Secretary of the Army, in the case of
        the acquisition under subsection (b)''.
        (3) Subsection (f) of such section (as redesignated by subsection
    (e)(1)) is amended--
            (A) by inserting ``of the Army'' after ``Secretary'' both place
        it appears; and
            (B) by striking ``conveyances under this section'' and
        inserting ``transfer under subsection (a) and conveyances under
        subsections (b)(2) and (c)''.

                           PART II--NAVY CONVEYANCES

    SEC. 2861. LAND EXCHANGE, FORMER RICHMOND NAVAL AIR STATION, FLORIDA.

        (a) Conveyance Authorized.--The Secretary of the Army may convey to
    the University of Miami, Miami, Florida (in this section referred to as
    the ``University''), all right, title, and interest of the United
    States in and to certain parcels of real property, together with any
    improvements thereon, consisting of approximately 14 acres and located
    in the vicinity of the former Richmond Naval Air Station, Florida, in
    order to facilitate force protection and security needs of Department
    of Defense facilities located on the former Richmond Naval Air Station.
        (b) Release of Easements.--As part of the conveyance of property
    authorized by subsection (a), the Secretary may also--
            (1) release and extinguish any interest of the United States in
        a clearance easement on the western portion of the property of the
        University; and
            (2) release and extinguish any interest of the United States in
        a certain easement for ingress and egress extending southwest and
        south from Southwest 127th Street along the western property line
        of a certain portion of United States property referred to as
        ``IE2'' in the Agreement in Principle referred to in subsection
        (e)(2).
        (c) Consideration.--As consideration for the conveyance of property
    authorized by subsection (a) and the release and extinguishment of
    interests authorized by subsection (b), the University shall--
            (1) convey to the United States all right, title, and interest
        of the University in and to certain parcels of real property,
        together with any improvements thereon, consisting of approximately
        12 acres;
            (2) grant to the United States such easement over a parcel of
        real property located along the western boundary of the property of
        the University as the Secretary considers appropriate to permit the
        United States to exercise dominion and control over the portion of
        the western boundary of the property of the University that has
        been, or may be, designated as Natural Forest Community habitat;
            (3) construct and install a berm and fence security system
        along the entirety of the new property line between the United
        States and the University;
            (4) relocate the existing security gate and guard building, or
        establish a new security gate and guard building similar in design
        and size to the existing security gate and guard building, at a
        point where the property of the United States and the University
        intersect on the existing ingress-egress road; and
            (5) construct a new two-lane access road from Southwest 152nd
        Street at the western boundary of the property of the University to
        a point that connects with the existing road on the property of the
        United States (commonly referred to as the ``FAA Road'').
        (d) Construction With Previous Conveyance.--Any restrictions on the
    use as an animal research facility of a certain parcel of real
    property, consisting of approximately 30 acres, conveyed by the
    Secretary of Health and Human Services to the University pursuant to
    section 647 of the Omnibus Consolidated Appropriations Act, 1997
    (Public Law 104-208; 110 Stat. 3009-366) shall terminate upon the
    execution of the agreement of exchange required by subsection (e).
        (e) Terms of Exchange.--(1) The Secretary and the University shall
    carry out the conveyances and releases of interest authorized by this
    section pursuant to an agreement of exchange (to be known as the
    ``Exchange Agreement'') between the Secretary and the University.
        (2) The agreement of exchange shall conform to, and develop with
    more particularity, the Agreement in Principle executed by the United
    States and the University on July 13 through 15, 2004.
        (f) Payment of Costs.--(1) The Secretary may require the University
    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 this section and the release and grants of interests
    under this section, including survey costs, costs related to
    environmental documentation, and other administrative costs related to
    such activities. If amounts paid to the Secretary in advance exceed the
    costs actually incurred by the Secretary to carry out such activities,
    the Secretary shall refund the excess amount to the University.
        (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. 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.
        (g) Description of Property.--The exact acreage and legal
    description of the property to be conveyed under this section, and of
    the interests to be released or granted under this section, shall be
    determined by surveys satisfactory to the Secretary.
        (h) Additional Terms and Conditions.--The Secretary may require
    such additional terms and conditions in connection with the conveyances
    under this section, and the release and grants of interests under this
    section, as the Secretary considers appropriate to protect the
    interests of the United States.

    SEC. 2862. 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 two
        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 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 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. 2863. LAND CONVEYANCE, NAVY PROPERTY, FORMER FORT SHERIDAN,
                  ILLINOIS.

        (a) Conveyance Authorized.--The Secretary of the Navy may convey,
    without consideration, to the State of Illinois, a political
    subdivision of the State, or a nonprofit land conservation organization
    (in this section referred to as the ``grantee'') all right, title, and
    interest of the United States in and to certain parcels of real
    property consisting of a total of approximately 25 acres of
    environmentally sensitive land at the former Fort Sheridan, Illinois,
    for the purpose of ensuring the permanent protection of the land.
        (b) Reversionary Interest.--If the Secretary determines at any time
    that the real property conveyed under subsection (a) is not being used
    or maintained in accordance with the purpose of the conveyance
    specified in such subsection, all right, title, and interest in and to
    the property shall revert, at the option of the Secretary, to the
    United States, and the United States shall have the right of immediate
    entry onto the property. Any determination of the Secretary under this
    subsection shall be made on the record after an opportunity for a
    hearing.
        (c) Reconveyance Authorized.--The Secretary may permit the grantee
    to convey the real property conveyed under subsection (a) to another
    eligible entity described in such subsection, subject to the same
    covenants and terms and conditions as provided in the deed from the
    United States.
        (d) Payment of Costs of Conveyance.--(1) The Secretary shall
    require the grantee 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
    grantee 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 grantee.
        (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.
        (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.
        (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.
        (g) Use of Alternate Conveyance Authority.--In lieu of using the
    authority provided by this section to convey the real property
    described in subsection (a), the Secretary may elect to include the
    property in a conveyance authorized by section 2878 of title 10, United
    States Code, subject to such terms, reservations, restrictions, and
    conditions as may be necessary to ensure the permanent protection of
    the property, if the Secretary determines that a conveyance under such
    section is advantageous to the interests of the United States.

    SEC. 2864. 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 at Point Lookout
    State Park, Maryland, consisting of approximately five acres, or a
    smaller parcel that the Secretary considers sufficient and such related
    property interests as the Secretary and the State may agree to.
        (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 in
    connection with the acquisition of real property 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. 2865. MODIFICATION OF LAND ACQUISITION AUTHORITY, PERQUIMANS
                  COUNTY, NORTH CAROLINA.

        Section 2846 of the Military Construction Authorization Act for
    Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1320) is
    amended by striking ``240 acres'' and insert ``840 acres''.

    SEC. 2866. 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.--(1) As consideration for the conveyance of the
    real 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 of the conveyed property.
        (2) The fair market value of the real property conveyed under
    subsection (a) shall be determined by an appraisal acceptable to the
    Secretary.
        (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 survey costs, costs related
    to environmental documentation, and other administrative costs related
    to the conveyance. If 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 real 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. 2867. LAND CONVEYANCE, NAVY YMCA BUILDING, PORTSMOUTH, VIRGINIA.

        (a) Conveyance Authorized.--The Secretary of the Navy may convey 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 in
    Portsmouth, Virginia, and known as the ``Navy YMCA Building'', for the
    purpose of permitting the City to use the property for economic
    revitalization purposes.
        (b) Consideration.--As consideration for the conveyance under
    subsection (a), the City shall provide the United States, whether by
    cash payment, in-kind consideration, or a combination thereof, an
    amount equal to the costs related to the environmental remediation of
    the real property to be conveyed.
        (c) Payment of Other 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 as reimbursement 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.

                        PART III--AIR FORCE CONVEYANCES

    SEC. 2871. 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 improvements thereon,
    consisting of approximately 28 acres and containing the Maxwell Heights
    Housing site at Maxwell Air Force Base, Alabama.
        (b) Consideration.--(1) As consideration for the conveyance of the
    real property under subsection (a), the City shall convey to the United
    States a parcel of real property, including any improvements thereon,
    located contiguous to Maxwell Air Force Base, consisting of
    approximately 35 acres, and designated as project AL 6-4, for the
    purpose of allowing the Secretary to incorporate the parcel into a
    project for the acquisition or improvement of military housing. The
    military housing project may consist of or include a project conducted
    under the authority of subchapter IV of chapter 169 of title 10, United
    States Code. The Secretary shall have jurisdiction over the real
    property received under this paragraph.
        (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), the Secretary may require the City to
    make up the difference through the payment of cash, the provision of
    in-kind consideration, or a combination thereof, to be determined
    pursuant to negotiations between the Secretary and the City.
        (3) The fair market values of the real property to be exchanged
    under this section shall be determined by appraisals acceptable to the
    Secretary and the City.
        (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 conveyances, 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 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. 2872. 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 ``Authority'') 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 permitting the Authority to use the
    property for economic development and revitalization.
        (b) Consideration.--As consideration for the conveyance of the real
    property under subsection (a), the Authority shall pay the United
    States an amount equal to the fair market value of the conveyed
    property, as determined by the Secretary. The payment shall be
    deposited in the special account in the Treasury referred to in
    paragraph (5) of section 572(b) of title 40, United States Code, and
    shall be available as provided in subparagraph (B)(ii) of such
    paragraph.
        (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 Authority.
        (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. 2873. 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 two parcels of real property
    consisting of 7.897 acres and 1.742 acres and containing the four
    buildings specified in paragraph (2), which 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 referred to in paragraph (1) are the following:
            (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 parcels and buildings for economic
    purposes in a manner consistent with section 2905 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).
        (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 under
    subsection (a), the Authority shall provide the United States, whether
    by cash payment, in-kind contribution, or a combination thereof, an
    amount equal to the fair market of value of the conveyed real property,
    as determined by the Secretary.
        (d) Description of Property.--The exact acreage and legal
    description of the real property to be conveyed under subsection (a)
    shall be determined by a survey satisfactory to the Secretary. The cost
    of the survey shall be borne by the 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.

                           PART IV--OTHER CONVEYANCES

    SEC. 2881. LAND EXCHANGE, ARLINGTON COUNTY, VIRGINIA.

        (a) Exchange Authorized.--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,
    that consists of not more than 4.5 acres and is located north of
    Columbia Pike on the Navy Annex property in Arlington County, Virginia,
    for the purpose of the construction of a freedmen heritage museum and
    an Arlington history museum.
        (b) Consideration.--As consideration for the conveyance of the real
    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, that is of a
    size equivalent to the total acreage of the real property conveyed by
    the Secretary under subsection (a) and is located in the area known as
    the Southgate Road right-of-way between Arlington National Cemetery,
    Virginia, and the Navy Annex property.
        (c) Selection of Property for Conveyance.--The Secretary, in
    consultation with the County, shall determine the acreage of the
    parcels of real property to be exchanged under this section, and such
    determination shall be final. In selecting the real property for
    conveyance to the County under subsection (a), the Secretary shall
    seek--
            (1) to provide the County with sufficient property for museum
        construction that is compatible with, and honors, the history of
        the freedmen's village that was located in the area and the
        heritage of the County;
            (2) to preserve the appropriate traditions of Arlington
        National Cemetery; and
            (3) to maintain the amount of acreage currently available for
        potential grave sites at Arlington National Cemetery.
        (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) Description of Property.--The exact acreage and legal
    description of the real property to be conveyed under this section
    shall be determined by surveys satisfactory to the Secretary.
        (f) 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 that
    reverts to the United States, as determined by the Secretary.
        (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.--(1) 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--
            (A) by striking ``(1) Subject to paragraph (2), the Secretary''
        and inserting ``The Secretary''; and
            (B) by striking paragraph (2).
        (2) Subsection (d)(2) of such section, as amended by section
    2851(a)(2) of the Military Construction Authorization Act for Fiscal
    Year 2003 (division B of Public Law 107-314; 116 Stat. 2726), is
    further amended--
            (A) by striking ``(A)''; and
            (B) by striking ``, and (B)'' and all that follows through
        ``Museum.'' and inserting a period.
        (3) Subsection (f) of such section is amended by striking
    ``reserved under subsection (b)(2) and of the portion''.
        (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.

                           Subtitle E--Other Matters

    SEC. 2891. ONE-YEAR RESUMPTION OF DEPARTMENT OF DEFENSE LABORATORY
                  REVITALIZATION DEMONSTRATION PROGRAM.

        Section 2892(g) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2805 note) is amended
    by striking ``September 30, 2003'' and inserting ``September 30,
    2005''.

    SEC. 2892. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL AT LUKE AIR FORCE
                  BASE, ARIZONA, IN HONOR OF JOHN J. RHODES, A FORMER
                  MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.

        The Airmen Leadership School at Luke Air Force Base, Arizona,
    building 156, shall be known and designated as the ``John J. Rhodes
    Airmen Leadership School''. Any reference to such facility in any law,
    regulation, map, document, record, or other paper of the United States
    shall be considered to be a reference to the John J. Rhodes Airmen
    Leadership School.

    SEC. 2893. SETTLEMENT OF CLAIM OF OAKLAND BASE REUSE AUTHORITY AND
                  REDEVELOPMENT AGENCY.

        (a) Authority to Settle Claim.--The Secretary of the Navy may make
    a payment 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) Release of Claim.--The payment made under subsection (a) shall
    be in full satisfaction of all claims of the Oakland Base Reuse
    Authority and Redevelopment Agency against the United States related to
    the case referred to in subsection (a), and the Oakland Base Reuse
    Authority and Redevelopment Agency shall give to the Secretary a
    release of all claims to 18 officer housing units and related real
    property 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 for Settlement.--To make the payment authorized
    by subsection (a), the Secretary may use--
            (1) funds in the Department of Defense Base Closure Account
        1990; or
            (2) the proceeds from the sale of the housing units and
        property described in subsection (b).

    SEC. 2894. REPORT ON 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 submit to Congress a report
    regarding the feasibility of using Camp Ripley National Guard Training
    Center in Little Falls, Minnesota, as a mobilization station for
    members of a reserve component ordered to active duty under any
    provision of law specified in section 101(a)(13)(B) of title 10, United
    States Code. The report shall include a discussion of the actions
    necessary to establish the center as a mobilization station.

    SEC. 2895. REPORT ON FEASIBILITY OF ESTABLISHMENT OF VETERANS MEMORIAL
                  AT MARINE CORPS AIR STATION, EL TORO, CALIFORNIA.

        Not later than 30 days after the date of the enactment of this Act,
    the Secretary of the Navy shall submit to Congress a report on whether
    the anticipated future uses of the former Marine Corps Air Station, El
    Toro, California, by the City of Irvine, California, would permit the
    establishment and maintenance, at no cost to the United States, of a
    veterans memorial at the former installation.

    SEC. 2896. SENSE OF CONGRESS REGARDING EFFECT OF MILITARY HOUSING
                  POLICIES AND FORCE STRUCTURE AND BASING CHANGES ON LOCAL
                  EDUCATIONAL AGENCIES.

        (a) Findings.--Congress 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
        attending public elementary or secondary schools in the United
        States.
            (3) Changes to the military family housing policies of the
        military departments affect both military housing requirements and
        the number of dependent children living on military installations
        in the United States.
            (4) Proposed restationing of units of the Armed Forces
        worldwide, including the return of a significant number of members
        of the Armed Forces stationed overseas to the United States and the
        Army proposal to modify its force structure to establish so-called
        units of action, will increase military housing requirements at
        military installations in the United States and may result in the
        need for additional educational facilities at such installations
        and in the adjacent communities.
            (5) To help provide sufficient housing for members of the Armed
        Forces and their families, the Secretaries of the military
        departments intend to continue to use the authorities provided in
        subchapter IV of chapter 169 of title 10, United States Code, to
        carry out privatization initiatives that will improve or replace an
        additional 120,000 military family housing units in the United
        States.
            (6) The Secretaries of the military departments may include the
        construction of school facilities as one of the ancillary
        supporting facilities authorized as part of a privatization
        initiative carried out under such subchapter.
        (b) Sense of Congress.--It is the sense of Congress that the
    Department of Defense should--
            (1) consider the effects that changes in force structure and
        overseas stationing arrangements will have on--
                (A) military housing requirements at specific military
            installations in the United States;
                (B) the number of school-aged military dependents at those
            installations; and
                (C) the need for additional educational facilities to serve
            such dependents; and
            (2) consult with local communities and local educational
        agencies about the best ways to address such changing housing
        requirements and satisfy the need for additional educational
        facilities, including using the authority of subchapter IV of
        chapter 169 of title 10, United States Code, to include the
        construction of educational facilities as one of the ancillary
        supporting facilities authorized as part of military privatization
        housing initiatives.

    SEC. 2897. SENSE OF CONGRESS AND STUDY REGARDING MEMORIAL HONORING NON-
                  UNITED STATES CITIZENS KILLED IN THE LINE OF DUTY WHILE
                  SERVING IN THE UNITED STATES ARMED FORCES.

        (a) Sense of Congress.--It is the sense of Congress that a memorial
    marker or monument should be designed and placed in an appropriate
    location to honor the service and sacrifice of individuals who,
    although not United States citizens, served in the United States Armed
    Forces and were killed in the line of duty.
        (b) Study.--The Secretary of the Army, in consultation with the
    Secretary of Veterans Affairs and the American Battle Monuments
    Commission, shall conduct a study examining the feasibility of placing
    in Arlington National Cemetery, or some other appropriate location, a
    memorial marker honoring the service and sacrifice of non-United States
    citizens killed in the line of duty while serving in the Armed Forces.
        (c) Content of Study.--The study required by subsection (b) shall
    include the following:
            (1) A discussion of the historical development of Arlington
        National Cemetery.
            (2) Comprehensive information on the memorial markers presently
        located in Arlington National Cemetery.
            (3) A description of any limitations affecting the ability to
        establish new monuments, markers, tributes, or plaques in Arlington
        National Cemetery.
            (4) A discussion of alternative locations outside of Arlington
        National Cemetery that have been used for comparable memorial
        markers.
            (5) Recommendations for appropriate locations for a memorial
        marker that may be considered.
        (d) Report and Recommendations.--Not later than April 1, 2005, the
    Secretary of the Army shall submit to the Committee on Armed Services
    and the Committee on Veterans' Affairs of the House of Representatives
    and the Committee on Armed Services and the Committee on Veterans'
    Affairs of the Senate a report containing the results of the study
    required by subsection (b), together with any recommendations for an
    appropriate plan to honor the service of non-United States citizens
    killed in the line of duty while serving in the Armed Forces.

     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. Report on requirements for Modern Pit Facility.
    Sec. 3112. Two-year extension of authority for appointment of certain
              scientific, engineering, and technical personnel.
    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. Treatment of waste material.
    Sec. 3118. Local stakeholder organizations for 2006 closure sites.
    Sec. 3119. Report to Congress on Advanced Nuclear Weapons Concepts
              Initiative.

                        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.
    Sec. 3133. Silk Road Initiative.
    Sec. 3134. Nuclear nonproliferation fellowships for scientists employed
              by United States and Russian Federation.
    Sec. 3135. Utilization of international contributions to the elimination
              of weapons grade plutonium production program.

                            Subtitle D--Other Matters

    Sec. 3141. Indemnification of Department of Energy contractors.
    Sec. 3142. Report on maintenance of retirement benefits for certain
              workers at 2006 closure sites after closure of sites.
    Sec. 3143. Report on efforts of National Nuclear Security Administration
              to understand plutonium aging.
    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. National Academy of Sciences study on management by
              Department of Energy of certain radioactive waste streams.
    Sec. 3147. Compensation of Pajarito Plateau, New Mexico, homesteaders
              for acquisition of lands for Manhattan Project in World War
              II.
    Sec. 3148. Modification of requirements relating to conveyances and
              transfer of certain land at Los Alamos National Laboratory,
              New Mexico.

     Subtitle E--Energy Employees Occupational Illness Compensation Program

    Sec. 3161. Contractor employee compensation.
    Sec. 3162. Conforming amendments.
    Sec. 3163. Technical amendments.
    Sec. 3164. Transfer of funds for fiscal year 2005.
    Sec. 3165. Use of Energy Employees Occupational Illness Compensation
              Fund for certain payments to covered uranium employees.
    Sec. 3166. Improvements to Subtitle B of Energy Employees Occupational
              Illness Compensation Program Act of 2000.
    Sec. 3167. Emergency Special Exposure Cohort meeting and report.
    Sec. 3168. Coverage of individuals employed at atomic weapons employer
              facilities during periods of residual contamination.
    Sec. 3169. Update of report on residual contamination of facilities.
    Sec. 3170. Sense of Congress on resource center for energy employees
              under Energy Employee Occupational Illness Compensation
              Program in western New York and western Pennsylvania region.

             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
    $9,082,300,000, to be allocated as follows:
            (1) For weapons activities, $6,592,053,000.
            (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, for weapons activities, the
    following new plant projects:
            Project 05-D-140, project engineering and design, various
        locations, $11,600,000.
            Project 05-D-160, facilities and infrastructure
        recapitalization program, project engineering and design, various
        locations, $8,700,000.
            Project 05-D-170, project engineering and design, safeguards
        and security, various locations, $17,000,000.
            Project 05-D-401, production bays upgrade, Pantex Plant,
        Amarillo, Texas, $25,100,000.
            Project 05-D-402, beryllium capability project, Y-12 national
        security complex, Oak Ridge, Tennessee, $3,627,000.
            Project 05-D-601, compressed air upgrades project, Y-12
        national security complex, Oak Ridge, Tennessee, $4,400,000.
            Project 05-D-602, power grid infrastructure upgrade, Los Alamos
        National Laboratory, Los Alamos, New Mexico, $10,000,000.
            Project 05-D-603, new master substation, Sandia National
        Laboratories, Albuquerque, New Mexico, $600,000.
            Project 05-D-701, security perimeter, Los Alamos National
        Laboratory, Los Alamos, New Mexico, $20,000,000.

    SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

        Funds are hereby authorized to be appropriated to the Department of
    Energy for fiscal year 2005 for defense environmental management
    activities in carrying out programs necessary for national security in
    the amount of $6,957,307,000, to be allocated as follows:
            (1) For defense site acceleration completion, $5,970,837,000.
            (2) For defense environmental services, $986,470,000.

    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
    $636,036,000.

    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
    $120,000,000.

       Subtitle B--Program Authorizations, Restrictions, and Limitations

    SEC. 3111. REPORT ON REQUIREMENTS FOR MODERN PIT FACILITY.

        (a) Report.--Not later than January 31, 2005, the Administrator for
    Nuclear Security shall submit 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) 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 total number of pits
        per year, and the number of pits to be produced per year for each
        weapon type, that will be required to be produced in order to
        support the weapons that will be retained in the nuclear weapons
        stockpile pursuant to the revised nuclear weapons stockpile plan
        submitted to the congressional defense committees as 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;
            (B) identify any surge capacity that may be included in the
        annual pit production requirements; and
            (C) assume that the lifetime of any particular pit type is each
        of 40 years, 50 years, 60 years, and 70 years.
        (c) Form of Report.--The report under subsection (a) shall be
    submitted in unclassified form and shall include a classified annex.

    SEC. 3112. 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. 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 milestones 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 for 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 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 the provisions of the Nuclear
    Waste Policy Act of 1982, the requirements of section 202 of the Energy
    Reorganization Act of 1974, and other laws that define classes of
    radioactive waste, with respect to material stored at a Department of
    Energy site at which activities are regulated by a covered State
    pursuant to approved closure plans or permits issued by the State, the
    term ``high-level radioactive waste'' does not include radioactive
    waste resulting from the reprocessing of spent nuclear fuel that the
    Secretary of Energy (in this section referred to as the ``Secretary''),
    in consultation with the Nuclear Regulatory Commission (in this section
    referred to as the ``Commission''), determines--
            (1) does not require permanent isolation in a deep geologic
        repository for spent fuel or high-level radioactive waste;
            (2) has had highly radioactive radionuclides removed to the
        maximum extent practical; and
            (3)(A) does not exceed concentration limits for Class C low-
        level waste as set out in section 61.55 of title 10, Code of
        Federal Regulations, and will be disposed of--
                (i) in compliance with the performance objectives set out
            in subpart C of part 61 of title 10, Code of Federal
            Regulations; and
                (ii) pursuant to a State-approved closure plan or State-
            issued permit, authority for the approval or issuance of which
            is conferred on the State outside of this section; or
            (B) exceeds concentration limits for Class C low-level waste as
        set out in section 61.55 of title 10, Code of Federal Regulations,
        but will be disposed of--
                (i) in compliance with the performance objectives set out
            in subpart C of part 61 of title 10, Code of Federal
            Regulations;
                (ii) pursuant to a State-approved closure plan or State-
            issued permit, authority for the approval or issuance of which
            is conferred on the State outside of this section; and
                (iii) pursuant to plans developed by the Secretary in
            consultation with the Commission.
        (b) Monitoring by Nuclear Regulatory Commission.--(1) The
    Commission shall, in coordination with the covered State, monitor
    disposal actions taken by the Department of Energy pursuant to
    subparagraphs (A) and (B) of subsection (a)(3) for the purpose of
    assessing compliance with the performance objectives set out in subpart
    C of part 61 of title 10, Code of Federal Regulations.
        (2) If the Commission considers any disposal actions taken by the
    Department of Energy pursuant to those subparagraphs to be not in
    compliance with those performance objectives, the Commission shall, as
    soon as practicable after discovery of the noncompliant conditions,
    inform the Department of Energy, the covered State, and the following
    congressional committees:
            (A) The Committee on Armed Services, the Committee on Energy
        and Commerce, and the Committee on Appropriations of the House of
        Representatives.
            (B) The Committee on Armed Services, the Committee on Energy
        and Natural Resources, the Committee on Environment and Public
        Works, and the Committee on Appropriations of the Senate.
        (3) For fiscal year 2005, the Secretary shall, from amounts
    available for defense site acceleration completion, reimburse the
    Commission for all expenses, including salaries, that the Commission
    incurs as a result of performance under subsection (a) and this
    subsection for fiscal year 2005. The Department of Energy and the
    Commission may enter into an interagency agreement that specifies the
    method of reimbursement. Amounts received by the Commission for
    performance under subsection (a) and this subsection may be retained
    and used for salaries and expenses associated with those activities,
    notwithstanding section 3302 of title 31, United States Code, and shall
    remain available until expended.
        (4) For fiscal years after 2005, the Commission shall include in
    the budget justification materials submitted to Congress in support of
    the Commission budget for that fiscal year (as submitted with the
    budget of the President under section 1105(a) of title 31, United
    States Code) the amounts required, not offset by revenues, for
    performance under subsection (a) and this subsection.
        (c) Inapplicability to Certain Materials.--Subsection (a) shall not
    apply to any material otherwise covered by that subsection that is
    transported from the covered State.
        (d) Covered States.--For purposes of this section, the following
    States are covered States:
            (1) The State of South Carolina.
            (2) The State of Idaho.
        (e) Construction.--(1) Nothing in this section shall impair, alter,
    or modify the full implementation of any Federal Facility Agreement and
    Consent Order or other applicable consent decree for a Department of
    Energy site.
        (2) Nothing in this section establishes any precedent or is binding
    on the State of Washington, the State of Oregon, or any other State not
    covered by subsection (d) for the management, storage, treatment, and
    disposition of radioactive and hazardous materials.
        (3) Nothing in this section amends the definition of ``transuranic
    waste'' or regulations for repository disposal of transuranic waste
    pursuant to the Waste Isolation Pilot Plant Land Withdrawal Act or part
    191 of title 40, Code of Federal Regulations.
        (4) Nothing in this section shall be construed to affect in any way
    the obligations of the Department of Energy to comply with section
    4306A of the Atomic Energy Defense Act (50 U.S.C. 2567).
        (5) Nothing in this section amends the West Valley Demonstration
    Act (42 U.S.C. 2121a note).
        (f) Judicial Review.--Judicial review shall be available in
    accordance with chapter 7 of title 5, United States Code, for the
    following:
            (1) Any determination made by the Secretary or any other agency
        action taken by the Secretary pursuant to this section.
            (2) Any failure of the Commission to carry out its
        responsibilities under subsection (b).

    SEC. 3117. TREATMENT OF WASTE MATERIAL.

        Of the amounts made available pursuant to the authorization of
    appropriations in section 3102(1) for environmental management for
    defense site acceleration completion for the High-Level Waste Proposal,
    $350,000,000 shall be available at specified sites for any defense site
    acceleration completion activities at those sites, as follows:
            (1) The Idaho National Engineering and Environmental
        Laboratory, Idaho, $97,300,000.
            (2) The Savannah River Site, Aiken, South Carolina,
        $188,600,000.
            (3) The Hanford Site, Richland, Washington, $64,100,000.

    SEC. 3118. LOCAL STAKEHOLDER ORGANIZATIONS FOR 2006 CLOSURE SITES.

        (a) Establishment.--(1) The Secretary of Energy shall establish for
    each Department of Energy 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 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 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 2006 closure site shall be established not
    later than six months before the closure of the site.
        (e) Department of Energy  2006 Closure Site Defined.--In this
    section, the term ``Department of Energy 2006 closure site'' means the
    following:
            (1) The Rocky Flats Environmental Technology Site, Colorado.
            (2) The Fernald Plant, Ohio.
            (3) The Mound Plant, Ohio.

    SEC. 3119. REPORT TO CONGRESS ON ADVANCED NUCLEAR WEAPONS CONCEPTS
                  INITIATIVE.

        (a) Report Required.--Not later than March 1, 2005, the
    Administrator for Nuclear Security shall submit to the congressional
    defense committees a detailed report on the planned activities for
    studies under the Advanced Nuclear Weapons Concepts Initiative 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.

                       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.
        (c) Applicability Beyond Fiscal Year 2004.--Subsection (e) of such
    section (as redesignated by subsection (b)) is amended by striking
    ``the funds appropriated pursuant to the authorization of
    appropriations in section 3101(a)(2) for such program'' and inserting
    ``the funds appropriated pursuant to an authorization of appropriations
    for the International Nuclear Materials Protection and Cooperation
    Program''.

    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, 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 of
    Energy considers appropriate for the program.
        (d) Reports.--(1) Not later than March 15, 2005, the Secretary of
    Energy 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 on the program under subsection (b)
    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, Strontium-90, Curium-244, 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 the isotope 235.
            (5) The term ``low-enriched uranium'' means uranium enriched
        below 20 percent in the 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.

    SEC. 3133. SILK ROAD INITIATIVE.

        (a) Program Authorized.--(1) The Secretary of Energy may carry out
    a program, to be known as the Silk Road Initiative, to promote non-
    weapons-related employment opportunities for scientists, engineers, and
    technicians formerly engaged in activities to develop and produce
    weapons of mass destruction in Silk Road nations. The program should--
            (A) incorporate best practices under the Initiatives for
        Proliferation Prevention program; and
            (B) facilitate commercial partnerships between private entities
        in the United States and scientists, engineers, and technicians in
        the Silk Road nations.
        (2) Before implementing the program with respect to multiple Silk
    Road nations, the Secretary of Energy shall carry out a pilot program
    with respect to one Silk Road nation selected by the Secretary. It is
    the sense of Congress that the Secretary should select the Republic of
    Georgia.
        (b) Silk Road Nations Defined.--In this section, the Silk Road
    nations are Armenia, Azerbaijan, the Republic of Georgia, Kazakhstan,
    Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.
        (c) Funding.--Of the funds authorized to be appropriated to the
    Department of Energy for nonproliferation and international security
    for fiscal year 2005, up to $10,000,000 may be used to carry out this
    section.

    SEC. 3134. NUCLEAR NONPROLIFERATION FELLOWSHIPS FOR SCIENTISTS EMPLOYED
                  BY UNITED STATES AND RUSSIAN FEDERATION.

        (a) In General.--(1) From amounts made available to carry out this
    section, the Administrator for Nuclear Security may carry out a program
    under which the Administrator awards, to scientists employed at
    nonproliferation research laboratories of the Russian Federation and
    the United States, international exchange fellowships, to be known as
    Nuclear Nonproliferation Fellowships, in the nuclear nonproliferation
    sciences.
        (2) The purpose of the program shall be to provide opportunities
    for advancement in the nuclear nonproliferation sciences to scientists
    who, as demonstrated by their academic or professional achievements,
    show particular promise of making significant contributions in those
    sciences.
        (3) A fellowship awarded to a scientist under the program shall be
    for collaborative study and training or advanced research at--
            (A) a nonproliferation research laboratory of the Russian
        Federation, in the case of a scientist employed at a
        nonproliferation research laboratory of the United States; and
            (B) a nonproliferation research laboratory of the United
        States, in the case of a scientist employed at a nonproliferation
        research laboratory of the Russian Federation.
        (4) The duration of a fellowship under the program may not exceed
    two years, except that the Administrator may provide for a longer
    duration in an individual case to the extent warranted by extraordinary
    circumstances, as determined by the Administrator.
        (5) In a calendar year, the Administrator may not award more than--
            (A) one fellowship to a scientist employed at a
        nonproliferation research laboratory of the Russian Federation; and
            (B) one fellowship to a scientist employed at a
        nonproliferation research laboratory of the United States.
        (6) A fellowship under the program shall include--
            (A) travel expenses; and
            (B) any other expenses that the Administrator considers
        appropriate, such as room and board.
        (b) Definitions.--In this section:
            (1) The term ``nonproliferation research laboratory'' means,
        with respect to a country, a national laboratory of that country at
        which research in the nuclear nonproliferation sciences is carried
        out.
            (2) The term ``nuclear nonproliferation sciences'' means bodies
        of scientific knowledge relevant to developing or advancing the
        means to prevent or impede the proliferation of nuclear weaponry.
            (3) The term ``scientist'' means an individual who has a degree
        from an institution of higher education in a science that has
        practical application in the nuclear nonproliferation sciences.
        (c) Funding.--Amounts available to the Department of Energy for
    defense nuclear nonproliferation activities shall be available for the
    fellowships authorized by subsection (a).

    SEC. 3135. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE
                  ELIMINATION OF WEAPONS GRADE PLUTONIUM PRODUCTION
                  PROGRAM.

        Section 3151 of the Bob Stump National Defense Authorization Act
    for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2736; 22 U.S.C.
    5952 note) is amended by adding at the end the following new
    subsection:
        ``(e) International Participation in Program.--(1) In order to
    achieve international participation in the program referred to in
    subsection (a), the Secretary of Energy may, in consultation with the
    Secretary of State, enter into one or more agreements with any person,
    foreign government, or other international organization that the
    Secretary considers appropriate for the contribution of funds by such
    person, government, or organization for purposes of the program.
        ``(2) Notwithstanding section 3302 of title 31, United States Code,
    and subject to paragraphs (3) and (4), the Secretary may retain and
    utilize any amounts contributed by a person, government, or
    organization under an agreement under paragraph (1) for purposes of the
    program without further appropriation and without fiscal year
    limitation.
        ``(3) The Secretary may not utilize under paragraph (2) any amount
    contributed under an agreement under paragraph (1) until 30 days after
    the date on which the Secretary notifies the congressional defense
    committees of the intent to utilize such amount, including the source
    of such amount and the proposed purpose for which such amount will be
    utilized.
        ``(4) If any amount contributed under paragraph (1) has not been
    utilized within five years of receipt under that paragraph, the
    Secretary shall return such amount to the person, government, or
    organization contributing such amount under that paragraph.
        ``(5) Not later than 30 days after the receipt of any amount
    contributed under paragraph (1), the Secretary shall submit to the
    congressional defense committees a notice of the receipt of such
    amount.
        ``(6) Not later than October 31 each year, the Secretary shall
    submit to the congressional defense committees a report on the receipt
    and utilization of amounts under this subsection during the preceding
    fiscal year. Each report for a fiscal year shall set forth--
            ``(A) a statement of any amounts received under this
        subsection, including the source of each such amount; and
            ``(B) a statement of any amounts utilized under this
        subsection, including the purpose for which such amounts were
        utilized.
        ``(7) The authority of the Secretary to accept and utilize amounts
    under this subsection shall expire on December 31, 2011.''.

                           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. 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 retirement benefits for workers at
    Department of Energy 2006 closure sites after 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 who would be eligible for regular or early retirement
        benefits if such sites close on or after their target completion
        dates, but who would not be eligible for regular or early
        retirement benefits if such sites close before their target
        completion dates (by calendar quarter).
            (2) The cost of providing regular or full retirement benefits,
        after the closure of Department of Energy 2006 closure sites, to
        workers at such sites who would fail to qualify for regular or
        early retirement benefits because of the early closure of such
        sites (by calendar quarter).
            (3) The impact on collective-bargaining agreements and any
        applicable retirement benefit plan documents covering workers at
        Department of Energy 2006 closure sites of providing regular or
        early retirement benefits as set forth herein.
        (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 or first or second tier subcontract to perform cleanup,
        security, or administrative duties or responsibilities at a
        Department of Energy 2006 closure site.
            (3) The term ``retirement benefits'' means pension, health, and
        other similar post-retirement benefits.
            (4) The term ``target completion date'', with respect to a
        Department of Energy 2006 closure site, means the physical
        completion date specified in the site contracts.

    SEC. 3143. 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 required by subsection
    (a)(1).
        (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.

    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 in 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 (in this section referred
    to 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 and engineers
        employed under the contract shall have qualifications and
        experience equivalent to the qualifications and experience required
        for scientists and engineers employed by the Federal Government in
        grades GS-13 through GS-15.
            (3) Scientists and engineers 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. NATIONAL ACADEMY OF SCIENCES STUDY ON MANAGEMENT BY
                  DEPARTMENT OF ENERGY OF CERTAIN RADIOACTIVE WASTE
                  STREAMS.

        (a) Study Required.--The Secretary of Energy shall, as soon as
    practicable, enter into an arrangement with the National Research
    Council of the National Academy of Sciences to carry out a study of the
    plans of the Department of Energy to manage those waste streams
    specified in subsection (b) that--
            (1) exceed the concentration limits for Class C low-level waste
        as set out in section 61.55 of title 10, Code of Federal
        Regulations; and
            (2) the Department plans to dispose of on the sites specified
        in subsection (b)(3) rather than in a repository for spent nuclear
        fuel and high-level waste.
        (b) Covered Waste Streams.--The waste streams referred to in
    subsection (a) are the streams of waste, from reprocessed spent nuclear
    fuel, that--
            (1) exceed the concentration limits for Class C low-level waste
        as set out in section 61.55 of title 10, Code of Federal
        Regulations;
            (2) the Department does not plan for disposal in a repository
        for spent nuclear fuel and high-level waste; and
            (3) are stored in tanks at the following sites:
                (A) The Savannah River Site, South Carolina.
                (B) The Idaho National Engineering Laboratory, Idaho.
                (C) The Hanford Reservation, Washington.
        (c) Matters Included.--The study required by subsection (a) shall
    evaluate--
            (1) the state of the Department's understanding of the
        physical, chemical, and radiological characteristics of the waste
        referred to in subsection (b), including an assessment of data
        uncertainties;
            (2) any actions additional to those contained in current plans
        that the Department should consider to ensure that the plans
        referred to in subsection (a) will comply with the performance
        objectives of part 61 of title 10, Code of Federal Regulations;
            (3) the adequacy of the Department's plans for monitoring
        disposal sites and the surrounding environment to verify compliance
        with those performance objectives;
            (4) existing technology alternatives to the plans referred to
        in subsection (a) and, for each such alternative, an assessment of
        the cost, consequences for worker safety, and long-term
        consequences for environmental and human health;
            (5) any technology gaps that exist to effect improved
        efficiency in removal and treatment of waste from the tanks
        referred to in subsection (b)(3); and
            (6) any other matters that the National Research Council
        considers appropriate and directly related to the subject matter of
        the study.
        (d) Recommendations.--In carrying out the study required by
    subsection (a), the National Research Council may develop
    recommendations it considers appropriate and directly related to the
    subject matter of the study. It is the sense of Congress that the
    National Research Council should develop recommendations on--
            (1) improvements to the scientific and technical basis for
        managing the waste covered by the study, including the
        identification of technology alternatives and mitigation of
        technology gaps; and
            (2) the best means of monitoring any on-site disposal sites
        from the waste streams referred to in subsection (b), to include
        soil, groundwater, and surface water monitoring.
        (e) Reports.--(1) The National Research Council shall submit to the
    Secretary of Energy and the congressional committees described in
    paragraph (2)--
            (A) not later than six months after entering into the
        arrangement required by subsection (a), an interim report on the
        study that, with respect to the requirements of subsection (c)(2),
        specifically addresses any additional actions the Department should
        consider to ensure that the Department's plans for the Savannah
        River Site, including plans for grouting of tanks, will comply with
        the performance objectives referred to in that subsection in a more
        effective manner; and
            (B) not later than one year after entering into the arrangement
        required by subsection (a), a final report on the study that
        includes all findings, conclusions, and recommendations.
        (2) The congressional committees referred to in paragraph (1) are
    as follows:
            (A) The Committee on Appropriations, Committee on Armed
        Services, and Committee on Energy and Commerce of the House of
        Representatives.
            (B) The Committee on Appropriations, Committee on Armed
        Services, Committee on Energy and Natural Resources, and Committee
        on Environment and Public Works of the Senate.
        (f) Provision of Information.--The Secretary of Energy shall, in a
    timely manner, make available to the National Research Council all
    information that the National Research Council considers necessary to
    carry out its responsibilities under this section.
        (g) Rule of Construction.--This section shall not be construed to
    affect section 3116.
        (h) Funding.--Of the amounts made available to the Department of
    Energy pursuant to the authorization of appropriations in section 3102,
    $1,500,000 shall be available only for carrying out the study required
    by this section.

    SEC. 3147. 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) The Court shall appoint a special master in accordance with
        rule 53 of the Federal Rules of Civil Procedure to--
                (A) identify class members;
                (B) receive claims from class members so identified;
                (C) determine in accordance with subsection (d) eligible
            claimants from among class members so identified;
                (D) resolve contests, if any, among claimants with respect
            to a particular eligible tract, regarding the disbursement of
            monies in the Fund with respect to that eligible tract; and
                (E) address such other matters as the Court may order.
            (3) Lead counsel for claimants shall provide evidence to the
        special master to assist the special master in the duties set forth
        in paragraph (2).
            (4) If more than 10 percent of the class members object to the
        settlement, or the Court fails to approve the settlement--
                (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 compensation for the special master and
        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 compensation and
        attorney fees and expenses so paid shall be paid from the Fund by
        the Court 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.
            (7) The special master shall disburse the allocated amounts
        from the Fund after approval by the Court.
            (8) Any amounts available for disbursement with respect to an
        eligible tract that are not awarded to eligible claimants with
        respect to that tract 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, 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).

    SEC. 3148. MODIFICATION OF REQUIREMENTS RELATING TO CONVEYANCES AND
                  TRANSFER OF CERTAIN LAND AT LOS ALAMOS NATIONAL
                  LABORATORY, NEW MEXICO.

        Section 632(a) of Public Law 105-119 (111 Stat. 2523; 42 U.S.C.
    2391 note) is amended--
            (1) in paragraph (1)--
                (A) by inserting ``except as provided in paragraph (2),''
            before ``convey''; and
                (B) 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) notwithstanding paragraph (1) and the agreement under
        subsection (e), convey, without consideration, to the Board of
        Education of the Los Alamos Public Schools, New Mexico, within the
        County, fee title to the parcels of land identified by the
        Department of Energy as Parcel A-8 and Parcel A-15-1 that are
        currently located in Technical Area-21 of Los Alamos National
        Laboratory upon the entry of Los Alamos Public Schools and the
        County into an agreement for the use of the parcel of land
        identified as Parcel A-8; and''.

     Subtitle E--Energy Employees Occupational Illness Compensation Program

    SEC. 3161. CONTRACTOR EMPLOYEE COMPENSATION.

        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)) is amended by adding after subtitle D (42 U.S.C. 7385o)
    the following new title:

                 ``Subtitle E--Contractor Employee Compensation

    ``SEC. 3671. DEFINITIONS.

        ``In this subtitle:
            ``(1) The term `covered DOE contractor employee' means any
        Department of Energy contractor employee determined under section
        3675 to have contracted a covered illness through exposure at a
        Department of Energy facility.
            ``(2) The term `covered illness' means an illness or death
        resulting from exposure to a toxic substance.
            ``(3) The term `Secretary' means the Secretary of Labor.

    ``SEC. 3672. COMPENSATION TO BE PROVIDED.

        ``Subject to the other provisions of this subtitle:
            ``(1) Contractor employees.--A covered DOE contractor employee
        shall receive contractor employee compensation under this subtitle
        in accordance with section 3673.
            ``(2) Survivors.--After the death of a covered DOE contractor
        employee, compensation referred to in paragraph (1) shall not be
        paid. Instead, the survivor of that employee shall receive
        compensation as follows:
                ``(A) Except as provided in subparagraph (B), the survivor
            of that employee shall receive contractor employee compensation
            under this subtitle in accordance with section 3674.
                ``(B) In a case in which the employee's death occurred
            after the employee applied under this subtitle and before
            compensation was paid under paragraph (1), and the employee's
            death occurred from a cause other than the covered illness of
            the employee, the survivor of that employee may elect to
            receive, in lieu of compensation under subparagraph (A), the
            amount of contractor employee compensation that the employee
            would have received in accordance with section 3673 if the
            employee's death had not occurred before compensation was paid
            under paragraph (1).

    ``SEC. 3673. COMPENSATION SCHEDULE FOR CONTRACTOR EMPLOYEES.

        ``(a) Compensation Provided.--The amount of contractor employee
    compensation under this subtitle for a covered DOE contractor employee
    shall be the sum of the amounts determined under paragraphs (1) and
    (2), as follows:
            ``(1) Impairment.--(A) The Secretary shall determine--
                ``(i) the minimum impairment rating of that employee,
            expressed as a number of percentage points; and
                ``(ii) the number of those points that are the result of
            any covered illness contracted by that employee through
            exposure to a toxic substance at a Department of Energy
            facility.
            ``(B) The employee shall receive an amount under this paragraph
        equal to $2,500 multiplied by the number referred to in clause (ii)
        of subparagraph (A).
            ``(2) Wage loss.--(A) The Secretary shall determine--
                ``(i) the calendar month during which the employee first
            experienced wage loss as the result of any covered illness
            contracted by that employee through exposure to a toxic
            substance at a Department of Energy facility;
                ``(ii) the average annual wage of the employee for the 36-
            month period immediately preceding the calendar month referred
            to in clause (i), excluding any portions of that period during
            which the employee was unemployed; and
                ``(iii) beginning with the calendar year that includes the
            calendar month referred to in clause (i), through and including
            the calendar year during which the employee attained normal
            retirement age (for purposes of the Social Security Act)--
                    ``(I) the number of calendar years during which, as the
                result of any covered illness contracted by that employee
                through exposure to a toxic substance at a Department of
                Energy facility, the employee's annual wage exceeded 50
                percent of the average annual wage determined under clause
                (ii), but did not exceed 75 percent of the average annual
                wage determined under clause (ii); and
                    ``(II) the number of calendar years during which, as
                the result of any covered illness contracted by that
                employee through exposure to a toxic substance at a
                Department of Energy facility, the employee's annual wage
                did not exceed 50 percent of the average annual wage
                determined under clause (ii).
            ``(B) The employee shall receive an amount under this paragraph
        equal to the sum of--
                ``(i) $10,000 multiplied by the number referred to in
            clause (iii)(I) of subparagraph (A); and
                ``(ii) $15,000 multiplied by the number referred to in
            clause (iii)(II) of subparagraph (A).
        ``(b) Determination of Minimum Impairment Rating.--For purposes of
    subsection (a), a minimum impairment rating shall be determined in
    accordance with the American Medical Association's Guides to the
    Evaluation of Permanent Impairment.

    ``SEC. 3674. COMPENSATION SCHEDULE FOR SURVIVORS.

        ``(a) Categories of Compensation.--The amount of contractor
    employee compensation under this subtitle for the survivor of a covered
    DOE contractor employee shall be determined as follows:
            ``(1) Category one.--The survivor shall receive the amount of
        $125,000, if the Secretary determines that--
                ``(A) the employee would have been entitled to compensation
            under section 3675 for a covered illness; and
                ``(B) it is at least as likely as not that exposure to a
            toxic substance at a Department of Energy facility was a
            significant factor in aggravating, contributing to, or causing
            the death of such employee.
            ``(2) Category two.--The survivor shall receive the amount of
        $150,000, if paragraph (1) applies to the employee and the
        Secretary also determines that there was an aggregate period of not
        less than 10 years, before the employee attained normal retirement
        age (for purposes of the Social Security Act), during which, as the
        result of any covered illness contracted by that employee through
        exposure to a toxic substance at a Department of Energy facility,
        the employee's annual wage did not exceed 50 percent of the average
        annual wage of that employee, as determined under section
        3673(a)(2)(A)(ii).
            ``(3) Category three.--The survivor shall receive the amount of
        $175,000, if paragraph (1) applies to the employee and the
        Secretary also determines that there was an aggregate period of not
        less than 20 years, before the employee attained normal retirement
        age (for purposes of the Social Security Act), during which, as the
        result of any covered illness contracted by that employee through
        exposure to a toxic substance at a Department of Energy facility,
        the employee's annual wage did not exceed 50 percent of the average
        annual wage of that employee, as determined under section
        3673(a)(2)(A)(ii).
        ``(b) One Amount Only.--The survivor of a covered DOE contractor
    employee to whom more than one amount under subsection (a) applies
    shall receive only the highest such amount.
        ``(c) Determination and Allocation of Shares.--The amount under
    subsection (a) shall be paid only as follows:
            ``(1) If a covered spouse is alive at the time of payment, such
        payment shall be made to such surviving spouse.
            ``(2) If there is no covered spouse described in paragraph (1),
        such payment shall be made in equal shares to all covered children
        who are alive at the time of payment.
            ``(3) Notwithstanding the other provisions of this subsection,
        if there is--
                ``(A) a covered spouse described in paragraph (1); and
                ``(B) at least one covered child of the employee who is
            living at the time of payment and who is not a recognized
            natural child or adopted child of such covered spouse,
        then half of such payment shall be made to such covered spouse, and
        the other half of such payment shall be made in equal shares to
        each covered child of the employee who is living at the time of
        payment.
        ``(d) Definitions.--In this section:
            ``(1) The term `covered spouse' means a spouse of the employee
        who was married to the employee for at least one year immediately
        before the employee's death.
            ``(2) The term `covered child' means a child of the employee
        who, as of the employee's death--
                ``(A) had not attained the age of 18 years;
                ``(B) had not attained the age of 23 years and was a full-
            time student who had been continuously enrolled as a full-time
            student in one or more educational institutions since attaining
            the age of 18 years; or
                ``(C) had been incapable of self-support.
            ``(3) The term `child' includes a recognized natural child, a
        stepchild who lived with an individual in a regular parent-child
        relationship, and an adopted child.

    ``SEC. 3675. DETERMINATIONS REGARDING CONTRACTION OF COVERED ILLNESSES.

        ``(a) Cases Determined Under Subtitle B.--A determination under
    subtitle B that a Department of Energy contractor employee is entitled
    to compensation under that subtitle for an occupational illness shall
    be treated for purposes of this subtitle as a determination that the
    employee contracted that illness through exposure at a Department of
    Energy facility.
        ``(b) Cases Determined Under Former Subtitle D.--In the case of a
    covered illness of an employee with respect to which a panel has made a
    positive determination under section 3661(d) and the Secretary of
    Energy has accepted that determination under section 3661(e)(2), or
    with respect to which a panel has made a negative determination under
    section 3661(d) and the Secretary of Energy has found significant
    evidence to the contrary under section 3661(e)(2), that determination
    shall be treated for purposes of this subtitle as a determination that
    the employee contracted the covered illness through exposure at a
    Department of Energy facility.
        ``(c) Other Cases.--(1) In any other case, a Department of Energy
    contractor employee shall be determined for purposes of this subtitle
    to have contracted a covered illness through exposure at a Department
    of Energy facility if--
            ``(A) it is at least as likely as not that exposure to a toxic
        substance at a Department of Energy facility was a significant
        factor in aggravating, contributing to, or causing the illness; and
            ``(B) 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.
        ``(2) A determination under paragraph (1) shall be made by the
    Secretary.
        ``(d) Applications by Spouses and Children.--If a spouse or child
    of a Department of Energy contractor employee applies for benefits
    under this subtitle, the Secretary shall make a determination under
    this section with respect to that employee without regard to whether
    the spouse is a `covered spouse', or the child is a `covered child',
    under this subtitle.

    ``SEC. 3676. APPLICABILITY TO CERTAIN URANIUM EMPLOYEES.

        ``(a) In General.--This subtitle shall apply to--
            ``(1) a section 5 payment recipient who contracted a section 5
        illness through a section 5 exposure at a section 5 facility, or
            ``(2) a section 5 uranium worker determined under section
        3675(c) to have contracted a covered illness through exposure to a
        toxic substance at a section 5 mine or mill,
    (or to the survivor of that employee, as applicable) on the same basis
    as it applies to a Department of Energy contractor employee determined
    under section 3675 to have contracted a covered illness through
    exposure to a toxic substance at a Department of Energy facility (or to
    the survivor of that employee, as applicable).
        ``(b) Definitions.--In this section:
            ``(1) The term `section 5 payment recipient' means an
        individual who receives, or has received, $100,000 under section 5
        of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note)
        for a claim made under that Act.
            ``(2) The terms `section 5 exposure', `section 5 facility', and
        `section 5 illness' mean the exposure, facility, and illness,
        respectively, to which an individual's status as a section 5
        payment recipient relates.
            ``(3) The term `section 5 uranium worker' means an individual
        to whom subsection (a)(1)(A)(i) of section 5 of the Radiation
        Exposure Compensation Act applies (whether directly or by reason of
        subsection (a)(2)).
            ``(4) The term `section 5 mine or mill' means the mine or mill
        to which an individual's status as a section 5 uranium worker
        relates.

    ``SEC. 3677. ADMINISTRATIVE AND JUDICIAL REVIEW.

        ``(a) Judicial Review.--A person adversely affected or aggrieved by
    a final decision of the Secretary under this subtitle may review that
    order in the United States district court in the district in which the
    injury was sustained, the employee lives, the survivor lives, or the
    District of Columbia, by filing in such court within 60 days after the
    date on which that final decision was issued a written petition praying
    that such decision be modified or set aside. The person shall also
    provide a copy of the petition to the Secretary. Upon such filing, the
    court shall have jurisdiction over the proceeding and shall have the
    power to affirm, modify, or set aside, in whole or in part, such
    decision. The court may modify or set aside such decision only if the
    court determines that such decision was arbitrary and capricious.
        ``(b) Administrative Review.--The Secretary shall ensure that
    recommended decisions of the Secretary with respect to a claim under
    this subtitle are subject to administrative review. The Secretary shall
    prescribe regulations for carrying out such review or shall apply to
    this subtitle the regulations applicable to recommended decisions under
    subtitle B.

    ``SEC. 3678. PHYSICIANS SERVICES.

        ``(a) In General.--The Secretary may utilize the services of
    physicians for purposes of making determinations under this subtitle.
        ``(b) Physicians.--Any physicians whose services are utilized under
    subsection (a) of this section shall possess appropriate expertise and
    experience in the evaluation and determination of the extent of
    permanent physical impairments or in the evaluation and diagnosis of
    illnesses or deaths aggravated, contributed to, or caused by exposure
    to toxic substances.
        ``(c) Arrangement.--The Secretary may secure the services of
    physicians utilized under subsection (a) of this section through the
    appointment of physicians or by contract.

    ``SEC. 3679. MEDICAL BENEFITS.

        ``A covered DOE contractor employee shall be furnished medical
    benefits specified in section 3629 for the covered illness 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.

    ``SEC. 3680. ATTORNEY FEES.

        ``Section 3648 shall apply to a payment under this subtitle to the
    same extent that it applies to a payment under subtitle B.

    ``SEC. 3681. ADMINISTRATIVE MATTERS.

        ``(a) In General.--The Secretary shall administer this subtitle.
        ``(b) Contract Authority.--The Secretary may enter into contracts
    with appropriate persons and entities to administer this subtitle.
        ``(c) Records.--(1)(A) The Secretary of Energy shall provide to the
    Secretary 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 this subtitle, 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 considers appropriate to facilitate their use by the
    Secretary.
        ``(2) The Secretary of Energy and the Secretary shall jointly
    undertake such actions as are appropriate to retrieve records
    applicable to the claims of Department of Energy contractor employees
    for contractor employee compensation under this subtitle, including
    employment records, records of exposure to beryllium, radiation,
    silica, or other toxic substances, and records regarding medical
    treatment.
        ``(d) Information.--At the request of the Secretary, the Secretary
    of Energy and any contractor who employed a Department of Energy
    contractor employee shall, within time periods specified by the
    Secretary, provide to the Secretary and to the employee information or
    documents in response to the request.
        ``(e) Regulations.--The Secretary shall prescribe regulations
    necessary for the administration of this subtitle. The initial
    regulations shall be prescribed not later than 210 days after the date
    of the enactment of this subtitle. The Secretary may prescribe interim
    final regulations necessary to meet the deadlines specified in this
    subtitle.
        ``(f) Transition Provisions.--(1) The Secretary shall commence the
    administration of the provisions of this subtitle not later than 210
    days after the date of the enactment of this subtitle.
        ``(2) Until the commencement of the administration of this
    subtitle, the Department of Energy Physicians Panels appointed pursuant
    to subtitle D shall continue to consider and issue determinations
    concerning any cases pending before such Panels immediately before the
    date of the enactment of this subtitle.
        ``(3) The Secretary shall take such actions as are appropriate to
    identify other activities under subtitle D that will continue until the
    commencement of the administration of subtitle E.
        ``(g) Previous Applications.--Upon the commencement of the
    administration of this subtitle, any application previously filed with
    the Secretary of Energy pursuant to subtitle D shall be considered to
    have been filed with the Secretary as a claim for benefits pursuant to
    this subtitle.

    ``SEC. 3682. COORDINATION OF BENEFITS WITH RESPECT TO STATE WORKERS
                  COMPENSATION.

        ``(a) In General.--An individual who has been awarded compensation
    under this subtitle, and who has also received benefits from a State
    workers compensation system by reason of the same covered illness,
    shall receive compensation specified in this subtitle reduced by the
    amount of any workers compensation benefits, other than medical
    benefits and benefits for vocational rehabilitation, that the
    individual has received under the State workers compensation system by
    reason of the covered illness, after deducting the reasonable costs, as
    determined by the Secretary, of obtaining those benefits under the
    State workers compensation system.
        ``(b) Waiver.--The Secretary may waive the provisions of subsection
    (a) if the Secretary determines that the administrative costs and
    burdens of implementing subsection (a) with respect to a particular
    case or class of cases justifies such a waiver.
        ``(c) Information.--Notwithstanding any other provision of law,
    each State workers compensation authority shall, upon request of the
    Secretary, provide to the Secretary on a quarterly basis information
    concerning workers compensation benefits received by any covered DOE
    contractor employee entitled to compensation or benefits under this
    subtitle, which shall include the name, Social Security number, and
    nature and amount of workers compensation benefits for each such
    employee for which the request was made.

    ``SEC. 3683. MAXIMUM AGGREGATE COMPENSATION.

        ``For each individual whose illness or death serves as the basis
    for compensation or benefits under this subtitle, the total amount of
    compensation (other than medical benefits) paid under this subtitle, to
    all persons, in the aggregate, on the basis of that illness or death
    shall not exceed $250,000.

    ``SEC. 3684. FUNDING OF ADMINISTRATIVE COSTS.

        ``There is authorized and hereby appropriated to the Secretary for
    fiscal year 2005 and thereafter such sums as may be necessary to carry
    out this subtitle.

    ``SEC. 3685. PAYMENT OF COMPENSATION AND BENEFITS FROM COMPENSATION
                  FUND.

        ``The compensation and benefits provided under this title, when
    authorized or approved by the President, shall be paid from the
    compensation fund established under section 3612.

    ``SEC. 3686. 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 provide information on the benefits available under
        this subtitle and on the requirements and procedures applicable to
        the provision of such benefits.
            ``(2) 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.
            ``(3) 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.
        ``(3) The first report under paragraph (1) shall be the report
    submitted in 2006.
        ``(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.
        ``(g) Sunset.--Effective on the date that is 3 years after the date
    of the enactment of this section, this section shall have no further
    force or effect.''.

    SEC. 3162. CONFORMING AMENDMENTS.

        (a) Offset for Certain Payments.--Section 3641 of the Energy
    Employees Occupational Illness Compensation Program Act of 2000 (42
    U.S.C. 7385) is amended--
            (1) by striking ``subtitle B'' and inserting ``this title'';
        and
            (2) by striking ``on account of'' and all that follows through
        the period at the end and inserting ``on account of the exposure
        for which compensation is payable under this title.''.
        (b) Subrogation of the United States.--Section 3642 of such Act (42
    U.S.C. 7385a) is amended by striking ``subtitle B'' and inserting
    ``this title''.
        (c) Payment in Full Settlement of Claims.--Section 3643 of such Act
    (42 U.S.C. 7385b) is amended by striking ``The acceptance'' and
    inserting ``Except as provided in subtitle E, the acceptance''.
        (d) Exclusivity of Remedy.--Section 3644 of such Act (42 U.S.C.
    7385c(a)) is amended by adding at the end the following new subsection:
        ``(d) Applicability to Subtitle E.--This section applies with
    respect to subtitle E to the covered medical condition or covered
    illness or death of a covered DOE contractor employee on the same basis
    as it applies with respect to subtitle B to the cancer (including a
    specified cancer), chronic silicosis, covered beryllium illness, or
    death of a covered employee.''.
        (e) Certification of Treatment of Payments Under Other Laws.--
    Section 3646 of such Act (42 U.S.C. 7385e) is amended by striking
    ``subtitle B'' and inserting ``this title''.
        (f) Claims Not Assignable or Transferable.--Section 3647(a) of such
    Act (42 U.S.C. 7385f(a)) is amended by striking ``subtitle B'' and
    inserting ``this title''.
        (g) Certain Claims Not Affected By Awards of Damages.--Section 3649
    of such Act (42 U.S.C. 7385h) is amended by striking ``subtitle B''
    both places such term appears and inserting ``this title''.
        (h) Forfeiture of Benefits by Convicted Felons.--Section 3650 of
    such Act (42 U.S.C. 7385i) is amended by striking ``subtitle B'' each
    place such term appears and inserting ``this title''.
        (i) Repeal of Subtitle D.--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
    repealed.

    SEC. 3163. TECHNICAL AMENDMENTS.

        (a) Subpoenas.--Subtitle B of such Act is amended by adding after
    section 3631 (42 U.S.C. 7384v) the following new section:

    ``SEC. 3632. SUBPOENAS; OATHS; EXAMINATION OF WITNESSES.

        ``The Secretary of Labor, with respect to any matter under this
    subtitle, may--
            ``(1) issue subpoenas for and compel the attendance of
        witnesses;
            ``(2) administer oaths;
            ``(3) examine witnesses; and
            ``(4) require the production of books, papers, documents, and
        other evidence.''.
        (b) Social Security Earnings Information.--Subtitle C of such Act
    is amended by adding after section 3651 (42 U.S.C. 7385j) the following
    new section:

    ``SEC. 3652. SOCIAL SECURITY EARNINGS INFORMATION.

        ``Notwithstanding the provision of section 552a of title 5, United
    States Code, or any other provision of Federal or State law, the Social
    Security Administration shall make available to the Secretary of Labor,
    upon written request, the Social Security earnings information of
    living or deceased employees who may have sustained an illness that is
    the subject of a claim under this title, which the Secretary of Labor
    may require to carry out the provisions of this title.''.
        (c) Recovery of Overpayment.--Subtitle C of such Act is further
    amended by adding after section 3652 (as added by subsection (b)) the
    following new section:

    ``SEC. 3653. RECOVERY AND WAIVER OF OVERPAYMENTS.

        ``(a) In General.--When an overpayment has been made to an
    individual under this title because of an error of fact or law,
    recovery shall be made under regulations prescribed by the Secretary of
    Labor by decreasing later payments to which the individual is entitled.
    If the individual dies before the recovery is completed, recovery shall
    be made by decreasing later benefits payable under this title with
    respect to the individual's death.
        ``(b) Waiver.--Recovery by the United States under this section may
    not be made when incorrect payment has been made to an individual who
    is without fault and when adjustment or recovery would defeat the
    purpose of this title or would be against equity and good conscience.
        ``(c) Liability.--A certifying or disbursing official is not liable
    for an amount certified or paid by him when recovery of the amount is
    waived under subsection (b) of this section, or when recovery under
    subsection (a) of this section is not completed before the death of all
    individuals against whose benefits deductions are authorized.''.

    SEC. 3164. TRANSFER OF FUNDS FOR FISCAL YEAR 2005.

        Of the funds appropriated to the Secretary of Energy for fiscal
    year 2005 for the Energy Employees Occupational Illness Compensation
    Program, the Secretary of Energy shall transfer to the Secretary of
    Labor the amount of funds that the Secretary of Energy, in consultation
    with the Secretary of Labor, determine will be necessary for fiscal
    year 2005 to administer the provisions of subtitle E of the Energy
    Employees Occupational Illness Compensation Program Act of 2000, as
    added by this Act.

    SEC. 3165. USE OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
                  FUND FOR CERTAIN PAYMENTS TO COVERED URANIUM EMPLOYEES.

        (a) In General.--Section 3630 of the Energy Employees Occupational
    Illness Compensation Program Act of 2000 (42 U.S.C. 7384u) is amended
    in subsection (d) by inserting after ``The compensation provided under
    this section'' the following: ``and the compensation provided under
    section 5 of the Radiation Exposure Compensation Act''.
        (b) Conforming Amendment.--Section 6(c)(1) of the Radiation
    Exposure Compensation Act (42 U.S.C. 2210 note) is amended by inserting
    after ``Fund'' the following: ``(or, in the case of a payment under
    section 5, from the Energy Employees Occupational Illness Compensation
    Fund, pursuant to section 3630(d) of the Energy Employees Occupational
    Illness Compensation Program Act of 2000)''.

    SEC. 3166. IMPROVEMENTS TO SUBTITLE B OF ENERGY EMPLOYEES OCCUPATIONAL
                  ILLNESS COMPENSATION PROGRAM ACT OF 2000.

        (a) Advisory Board.--Section 3624 of the Energy Employees
    Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384o)
    is amended by adding at the end the following new subsections:
        ``(e) Security Clearances.--(1) The Secretary of Energy shall
    ensure that the members and staff of the Board, and the contractors
    performing work in support of the Board, are afforded the opportunity
    to apply for a security clearance for any matter for which such a
    clearance is appropriate. The Secretary should, not later than 180 days
    after receiving a completed application, make a determination whether
    or not the individual concerned is eligible for the clearance.
        ``(2) For fiscal year 2007 and each fiscal year thereafter, the
    Secretary of Energy shall include in the budget justification materials
    submitted to Congress in support of the Department of Energy budget for
    that fiscal year (as submitted with the budget of the President under
    section 1105(a) of title 31, United States Code) a report specifying
    the number of applications for security clearances under this
    subsection, the number of such applications granted, and the number of
    such applications denied.
        ``(f) Information.--The Secretary of Energy shall, in accordance
    with law, provide to the Board and the contractors of the Board access
    to any information that the Board considers relevant to carry out its
    responsibilities under this title, including information such as
    Restricted Data (as defined in section 11 y. of the Atomic Energy Act
    of 1954 (42 U.S.C. 2014(y))) and information covered by the Privacy
    Act.''.
        (b) Deadlines for Special Exposure Cohort Actions.--(1) Section
    3626 of the Energy Employees Occupational Illness Compensation Program
    Act of 2000 (42 U.S.C. 7384q) is amended--
            (A) by redesignating subsection (c) as subsection (d); and
            (B) by inserting after subsection (b) the following new
        subsection:
        ``(c) Deadlines.--(1) Not later than 180 days after the date on
    which the President receives a petition for designation as members of
    the Special Exposure Cohort, the Director of the National Institute for
    Occupational Safety and Health shall submit to the Advisory Board on
    Radiation and Worker Health a recommendation on that petition,
    including all supporting documentation.
        ``(2)(A) Upon receipt by the President of a recommendation of the
    Advisory Board on Radiation and Worker Health that the President should
    determine in the affirmative that paragraphs (1) and (2) of subsection
    (b) apply to a class, the President shall have a period of 30 days in
    which to determine whether such paragraphs apply to the class and to
    submit that determination (whether affirmative or negative) to
    Congress.
        ``(B) If the determination submitted by the President under
    subparagraph (A) is in the affirmative, the President shall also submit
    a report meeting the requirements of section 3621(14)(C)(ii).
        ``(C) If the President does not submit a determination required by
    subparagraph (A) within the period required by subparagraph (A), then
    upon the day following the expiration of that period, it shall be
    deemed for purposes of section 3621(14)(C)(ii) that the President
    submitted the report under that provision on that day.''.
        (2) Section 3621(14)(C)(ii) of that Act (42 U.S.C.
    7384l(14)(C)(ii)) is amended by striking ``180 days'' and inserting
    ``30 days''.
        (c) Site Profiles.--Subtitle B of that Act is amended by adding
    after section 3632 (as added by section 3163(a)) the following new
    section:

    ``SEC. 3633. COMPLETION OF SITE PROFILES.

        ``(a) In General.--To the extent that the Secretary of Labor
    determines it useful and practicable, the Secretary of Labor shall
    direct the Director of the National Institute for Occupational Safety
    and Health to prepare site profiles for a Department of Energy facility
    based on the records, files, and other data provided by the Secretary
    of Energy and such other information as is available, including
    information available from the former worker medical screening programs
    of the Department of Energy.
        ``(b) Information.--The Secretary of Energy shall furnish to the
    Secretary of Labor any information that the Secretary of Labor finds
    necessary or useful for the production of such site profiles, including
    records from the Department of Energy former worker medical screening
    program.
        ``(c) Definition.--In this section, the term `site profile' means
    an exposure assessment of a facility that identifies the toxic
    substances or processes that were commonly used in each building or
    process of the facility, and the time frame during which the potential
    for exposure to toxic substances existed.
        ``(d) Time Frames.--The Secretary of Health and Human Services
    shall establish time frames for completing site profiles for those
    Department of Energy facilities for which a site profile has not been
    completed. Not later than March 1, 2005, the Secretary of Health and
    Human Services shall submit to Congress a report setting forth those
    time frames.''.

    SEC. 3167. EMERGENCY SPECIAL EXPOSURE COHORT MEETING AND REPORT.

        (a) Meeting of Advisory Board.--(1) For purposes of carrying out
    section 3626 of the Energy Employees Occupational Illness Compensation
    Program Act of 2000 (42 U.S.C. 7384q), the President shall require the
    Advisory Board on Radiation and Worker Health to convene a meeting of
    the Board at which the Board considers each petition for designation as
    members of the Special Exposure Cohort--
            (A) that was filed not later than October 1, 2004; and
            (B) the evaluation of which (by the Director of the National
        Institute of Occupational Safety and Health) was completed more
        than 10 days before a previously scheduled meeting of the Board.
        (2) Effective March 1, 2005, this subsection shall have no further
    force or effect.
        (b) Report to Congress.--Not later than March 15, 2005, the
    President shall submit to Congress a report on the status of the
    petitions referred to in subsection (a). The report shall include, for
    each petition, the estimated time to complete the consideration of that
    petition and any anticipated actions or circumstances that could
    preclude the Board from acting upon that petition before the end of
    fiscal year 2005.

    SEC. 3168. 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
                    ``(iii) during a period, as specified in such report or
                any update to such report, of potential for significant
                residual radioactive contamination at such facility.''.
        (b) Radiation Dose for Certain Atomic Weapons Employees.--Section
    3623 of that Act (42 U.S.C. 7384n) is amended by adding at the end of
    subsection (c) the following new paragraph:
        ``(4) In the case of an atomic weapons employee described in
    section 3621(3)(B), the following doses of radiation shall be treated,
    for purposes of paragraph (3)(A) of this subsection, as part of the
    radiation dose received by the employee at such facility:
            ``(A) Any dose of ionizing radiation received by that employee
        from facilities, materials, devices, or byproducts used or
        generated in the research, development, production, dismantlement,
        transportation, or testing of nuclear weapons, or from any
        activities to research, produce, process, store, remediate, or
        dispose of radioactive materials by or on behalf of the Department
        of Energy (except for activities covered by Executive Order No.
        12344, dated February 1, 1982 (42 U.S.C. 7158 note) pertaining to
        the Naval Nuclear Propulsion Program).
            ``(B) Any dose of ionizing radiation received by that employee
        from a source not covered by subparagraph (A) that is not
        distinguishable through reliable documentation from a dose covered
        by subparagraph (A).''.

    SEC. 3169. 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;
            (4) for each facility for which such report found significant
        residual contamination, determine whether it is at least as likely
        as not that such contamination could have caused an employee who
        was employed at such facility only during the residual
        contamination period to contract a cancer or beryllium illness
        compensable under subtitle B of the Energy Employees Occupational
        Illness Compensation Program Act of 2000; and
            (5) 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. 3170. SENSE OF CONGRESS ON RESOURCE CENTER FOR ENERGY EMPLOYEES
                  UNDER ENERGY EMPLOYEE OCCUPATIONAL ILLNESS COMPENSATION
                  PROGRAM IN WESTERN NEW YORK AND WESTERN PENNSYLVANIA
                  REGION.

        (a) Findings.--Congress 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 Congress.--It is the sense of Congress that the
    Secretary of Labor should--
            (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.

              TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

    Sec. 3201. Authorization.

    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. Authorized uses of National Defense Stockpile funds.
    Sec. 3302. Revision of earlier authority to dispose of certain materials
              in National Defense Stockpile.
    Sec. 3303. Disposal of ferromanganese.
    Sec. 3304. Prohibition on storage of mercury at certain facilities.

    SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

        (a) Obligation of Stockpile Funds.--During fiscal year 2005, the
    National Defense Stockpile Manager may obligate up to $59,700,000 of
    the funds in the National Defense Stockpile Transaction Fund
    established under subsection (a) of section 9 of the Strategic and
    Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
    uses of such funds under subsection (b)(2) of such section, including
    the disposal of hazardous materials that are environmentally sensitive.
        (b) Additional Obligations.--The National Defense Stockpile Manager
    may obligate amounts in excess of the amount specified in subsection
    (a) if the National Defense Stockpile Manager notifies Congress that
    extraordinary or emergency conditions necessitate the additional
    obligations. The National Defense Stockpile Manager may make the
    additional obligations described in the notification after the end of
    the 45-day period beginning on the date on which Congress receives the
    notification.
        (c) Limitations.--The authorities provided by this section shall be
    subject to such limitations as may be provided in appropriations Acts.

    SEC. 3302. REVISION OF EARLIER AUTHORITY TO DISPOSE OF CERTAIN
                  MATERIALS IN NATIONAL DEFENSE STOCKPILE.

        Section 3303(a) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C.
    98d note) is amended by striking paragraphs (4) and (5) and inserting
    the following new paragraphs:
            ``(4) $785,000,000 by the end of fiscal year 2005; and
            ``(5) $870,000,000 by the end of fiscal year 2009.''.

    SEC. 3303. 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.--(1) If the
    Secretary of Defense completes the disposal of the total quantity of
    ferromanganese authorized for disposal by subsection (a) before
    September 30, 2005, the Secretary of Defense may dispose of up to an
    additional 25,000 tons of ferromanganese from the National Defense
    Stockpile before that date.
        (2) If the Secretary completes the disposal of the total quantity
    of additional ferromanganese authorized for disposal 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 of Defense may dispose of
    ferromanganese under the authority of paragraph (1) or (2) of
    subsection (b) only if the Secretary submits written certification to
    the Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives, not later than 30 days
    before the commencement of disposal under the applicable paragraph,
    that--
            (1) the disposal of the additional ferromanganese from the
        National Defense Stockpile is in the interest of national defense;
            (2) the disposal of the additional ferromanganese will not
        cause undue disruption to the usual markets of producers and
        processors of ferromanganese in the United States; and
            (3) the disposal of the additional ferromanganese is consistent
        with the requirements and purpose of the National Defense
        Stockpile.
        (d) Delegation of Responsibility.--The Secretary of Defense may
    delegate the responsibility of the Secretary under subsection (c) to an
    appropriate official within the Department of Defense.
        (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. 3304. PROHIBITION ON STORAGE OF MERCURY AT CERTAIN FACILITIES.

        (a) Prohibition.--During fiscal year 2005, 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--NAVAL PETROLEUM RESERVES

    Sec. 3401. Authorization of appropriations.

    SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorization of Appropriations.--There are hereby authorized
    to be appropriated to the Secretary of Energy $20,000,000 for fiscal
    year 2005 for the purpose of carrying out activities under chapter 641
    of title 10, United States Code, relating to the naval petroleum
    reserves.
        (b) Period of Availability.--Funds appropriated pursuant to the
    authorization of appropriations in subsection (a) shall remain
    available until expended.

                      TITLE XXXV--MARITIME ADMINISTRATION

    Sec. 3501. Authorization of appropriations for Maritime Administration.
    Sec. 3502. Extension of authority to provide war risk insurance for
              merchant marine vessels.
    Sec. 3503. Modification of priority afforded applications for national
              defense tank vessel construction assistance.

    SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME ADMINISTRATION.

        There are authorized to be appropriated to the Secretary of
    Transportation for the Maritime Administration for fiscal year 2005 (in
    lieu of amounts authorized for the same purposes by section 3511 of the
    National Defense Authorization Act for Fiscal Year 2004)--
            (1) for expenses necessary for operations and training
        activities, $109,300,000;
            (2) for administrative expenses under the loan guarantee
        program authorized by title XI of the Merchant Marine Act, 1936 (46
        U.S.C. App. 1271 et seq.), $4,764,000; and
            (3) for ship disposal, $35,000,000, of which $2,000,000 shall
        be for decommissioning, removal, and disposal of the nuclear
        reactor and hazardous materials on board the vessel SAVANNAH.

    SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR RISK INSURANCE FOR
                  MERCHANT MARINE VESSELS.

        (a) Extension.--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, 2010''.
        (b) Investment of Assets in Insurance Fund.--Section 1208(a) of
    such Act (46 U.S.C. App. 1288), is amended by striking the third
    sentence and inserting the following: ``The Secretary of Transportation
    may request the Secretary of the Treasury to invest such portion of the
    Fund as is not, in the judgment of the Secretary of Transportation,
    required to meet the current needs of the fund. Such investments shall
    be made by the Secretary of the Treasury in public debt securities of
    the United States, with maturities suitable to the needs of the fund,
    and bearing 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.''.

    SEC. 3503. MODIFICATION OF PRIORITY AFFORDED APPLICATIONS FOR NATIONAL
                  DEFENSE TANK VESSEL CONSTRUCTION ASSISTANCE.

        Section 3542(d)(2) 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 subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B) by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
                ``(C) with respect to any proposal for financial assistance
            to be provided from amounts appropriated for a fiscal year
            after fiscal year 2005, acceptance of the vessel to be
            constructed with the assistance 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.''.

                    TITLE XXXVI--ASSISTANCE TO FIREFIGHTERS

    Sec. 3601. Short title.
    Sec. 3602. Amendments to Federal Fire Prevention and Control Act of
              1974.
    Sec. 3603. Report on assistance to firefighters.

    SEC. 3601. SHORT TITLE.

        This title may be cited as the ``Assistance to Firefighters Grant
    Program Reauthorization Act of 2004''.

    SEC. 3602. AMENDMENTS TO FEDERAL FIRE PREVENTION AND CONTROL ACT OF
                  1974.

        Section 33 of the Federal Fire Prevention and Control Act of 1974
    (15 U.S.C. 2229) is amended--
            (1) in subsection (b)(1)(A)--
                (A) by inserting ``throughout the Nation'' after
            ``personnel''; and
                (B) by striking ``and'' at the end;
            (2) in subsection (b)(1)(B)--
                (A) by inserting ``and firefighter safety research and
            development'' after ``fire prevention''; and
                (B) by striking the period and inserting ``; and'';
            (3) by adding at the end of subsection (b)(1) the following new
        subparagraph:
                ``(C) provide assistance for nonaffiliated EMS
            organizations for the purpose of paragraph (3)(F).'';
            (4) in subsection (b)(3)(F), by inserting ``and nonaffiliated
        EMS organizations'' after ``fire departments'';
            (5) in subsection (b)(4)--
                (A) by inserting ``and firefighter safety research and
            development'' after ``prevention'' in the paragraph heading;
                (B) in subparagraph (A)(ii)--
                    (i) by inserting ``that are not fire departments and''
                after ``community organizations'';
                    (ii) by inserting ``and firefighter research and
                development programs,'' after ``fire safety programs and
                activities,''; and
                    (iii) by inserting ``and research to improve
                firefighter health and life safety'' after ``fire
                prevention programs'';
                (C) in subparagraph (B), by striking ``to children from
            fire'' and inserting ``to high risk groups from fire, as well
            as research programs that demonstrate the potential to improve
            firefighter safety''; and
                (D) by adding at the end the following new subparagraph:
                ``(C) Grant limitation.--A grant under this paragraph shall
            not be greater than $1,000,000 for a fiscal year.'';
            (6) in subsection (b)(5)(B)--
                (A) by redesignating clause (iv) as clause (v); and
                (B) by inserting after clause (iii) the following new
            clause:
                    ``(iv) Other federal support.--A list of other sources
                of Federal funding received by the applicant. The Director,
                in coordination with the Secretary of Homeland Security,
                shall use such list to prevent unnecessary duplication of
                grant funds.''.
            (7) in subsection (b)(6), by striking subparagraphs (A) and (B)
        and inserting the following:
                ``(A) In general.--Subject to subparagraphs (B) and (C),
            the Director 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; and
                    ``(ii) serve jurisdictions of 20,000 or fewer
                residents, the percent applied under the matching
                requirement of subparagraph (A) shall be 5 percent.
                ``(C) Fire prevention and firefighter safety grants.--There
            shall be no matching requirement for a grant described in
            paragraph (4)(A)(ii).'';
            (8) in subsection (b)(10)--
                (A) by amending subparagraph (A) to read as follows:
                ``(A) Recipient limitations.--A grant recipient under
            subsection (b)(1)(A)--
                    ``(i) that serves a jurisdiction with 500,000 people or
                less may not receive grants in excess of $1,000,000 for any
                fiscal year;
                    ``(ii) that serves a jurisdiction with more than
                500,000 but not more than 1,000,000 people may not receive
                grants in excess of $1,750,000 for any fiscal year; and
                    ``(iii) that serves a jurisdiction with more than
                1,000,000 people may not receive grants in excess of
                $2,750,000 for any fiscal year.
            The Director may award grants in excess of the limitations
            provided in clause (i) and (ii) if the Director determines that
            extraordinary need for assistance by a jurisdiction warrants a
            waiver.'';
                (B) by redesignating subparagraph (B) as subparagraph (C);
                (C) by inserting after subparagraph (A) the following new
            subparagraph:
                ``(B) Distribution.--Notwithstanding subparagraph (A), no
            single recipient may receive more than the lesser of $2,750,000
            or one half of one percent of the funds appropriated under this
            section for a single fiscal year.''; and
                (D) by adding at the end the following new subparagraphs:
                ``(D) Requirements for grants for emergency medical
            services.--Subject to the restrictions in subparagraph (E), not
            less than 3.5 percent of the funds appropriated under this
            section for a fiscal year shall be awarded for purposes
            described in paragraph (3)(F).
                ``(E) Nonaffiliated ems limitation.--Not more than 2
            percent of the funds appropriated to provide grants under this
            section for a fiscal year shall be awarded to nonaffiliated EMS
            organizations.
                ``(F) Application of selection criteria to grant
            applications from nonaffiliated ems organizations.--In
            reviewing applications submitted by nonaffiliated EMS
            organizations, the Director shall consider the extent to which
            other sources of Federal funding are available to provide
            assistance requested in such grant applications.'';
            (9) in subsection (b), by adding at the end the following new
        paragraphs:
            ``(13) Annual meeting.--The Director shall convene an annual
        meeting of individuals who are members of national fire service
        organizations and are recognized for expertise in firefighting or
        emergency medical services provided by fire services, and who are
        not employees of the Federal Government, for the purpose of
        recommending criteria for awarding grants under this section for
        the next fiscal year and recommending any necessary administrative
        changes to the grant program.
            ``(14) Guidelines.--(A) Each year, prior to making any grants
        under this section, the Director shall publish in the Federal
        Register--
                ``(i) guidelines that describe the process for applying for
            grants and the criteria for awarding grants; and
                ``(ii) an explanation of any differences between the
            guidelines and the recommendations made pursuant to paragraph
            (13).
            ``(B) The criteria for awarding grants under subsection
        (b)(1)(A) shall include the extent to which the grant would enhance
        the daily operations of the applicant and the impact of such a
        grant on the protection of lives and property.
            ``(15) Peer review.--The Director shall, after consultation
        with national fire service organizations, appoint fire service
        personnel to conduct peer review of applications received under
        paragraph (5). In making grants under this section, the Director
        shall consider the results of such peer review evaluations.
            ``(16) Applicability of federal advisory committee act.--The
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
        activities under paragraphs (13) and (15).
            ``(17) Accounting determination.--Notwithstanding any other
        provision of law, rule, regulation, or guidance, for purposes of
        receiving assistance under this section, equipment costs shall
        include, but not be limited to, all costs attributable to any
        design, purchase of components, assembly, manufacture, and
        transportation of equipment not otherwise commercially
        available.'';
            (10) by amending subsection (d) to read as follows:
        ``(d) Definitions.--In this section--
            ``(1) the term `Director' means the Director, acting through
        the Administrator;
            ``(2) the term `nonaffiliated EMS organization' means a public
        or private nonprofit emergency medical services organization that
        is not affiliated with a hospital and does not serve a geographic
        area in which the Director finds that emergency medical services
        are adequately provided by a fire department; and
            ``(3) the term `State' includes the District of Columbia and
        the Commonwealth of Puerto Rico.''; and
            (11) in subsection (e)(1), 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 2009.''.

    SEC. 3603. REPORT ON ASSISTANCE TO FIREFIGHTERS.

        (a) Study and Report on Assistance to Firefighters.--
            (1) Study.--The Administrator of the United States Fire
        Administration, in conjunction with the National Fire Protection
        Association, shall conduct a study to--
                (A) define the current roles and activities associated with
            the fire services on a national, State, regional, and local
            level;
                (B) identify the equipment, staffing, and training required
            to fulfill the roles and activities defined under subparagraph
            (A);
                (C) conduct an assessment to identify gaps between what
            fire departments currently possess and what they require to
            meet the equipment, staffing, and training needs identified
            under subparagraph (B) on a national and State-by-State basis;
            and
                (D) measure the impact of the Assistance to Firefighters
            Grant program under section 33 of the Federal Fire Prevention
            and Control Act of 1974 (15 U.S.C. 2229) in meeting the needs
            of the 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 and filling the
            gaps identified under subparagraph (C).
            (2) Report.--Not later than 18 months after the date of
        enactment of this Act, the Administrator shall submit to the
        Committee on Commerce, Science, and Transportation of the Senate
        and the Committee on Science of the House of Representatives a
        report on the findings of the study described in paragraph (1).
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated to the United States Fire Administration $300,000 for
    fiscal year 2005 to carry out the study required by subsection (a).

                                   Speaker of the House of Representatives.

                                Vice President of the United States and
                                                   President of the Senate.