[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.